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Article #74

Re: Is Federal Canadian Income Tax Illegal?

#74
From: drriley
Date: Sat, 12 Feb 2000 00:00
417 lines
18673 bytes
How about taking your case to the UN ??


"Jim Townsend" <dr_c@telusplanet.net> wrote in message
news:OsTj4.95229$n3.1894719@news0.telusplanet.net...
> Is Canadian Federal Income Tax Illegal?
> Jim Townsend
>
>
> Q. Do YOU pay YOUR fair share?
>
> A. Yes. EVERY person in Canada pays Taxes. Every item you buy in Canada is
> Taxed. Gasoline and Oil Taxes are exorbitant. Cigarettes and Alcohol are
> mostly taxes. You pay Property and School Taxes, you pay GST and in most
> instances you pay PST. I think every citizen in Canada will agree we all
pay
> more than our Fair Share. Even Beggars with No Income, Pay Taxes when they
> Purchase Items. Our Constitution Agrees and Guarantees we do not have to
pay
> more than our Fair Share.
>
> Q. Is it fair to pay taxes on taxes or to be taxed more than once on one
> item?
>
> A. Intuitively this seems unfair. It would seem fair and reasonable to
> assume that once you have paid a tax for something, you have paid your
fair
> share. The following quote from the preface of his book "Fraud Deception
> Manipulation" by Robert A. Marquis, illustrates how problems arise from
> ignoring our Constitution;
>
> "Not only does Ottawa ignore the provinces "exclusive" right to direct
> taxation, Ottawa invades such areas as health, energy, forestry, mining,
> education, housing, municipal affairs, small business and other local
areas
> of exclusive provincial jurisdiction. This raises our tax level to great
> heights, since we, the taxpayers are supporting two levels of government
> doing the same thing. At the Annual Premier's Conference, held in Winnipeg
> in August, 1990, the Premier of British Columbia made the following
> statement, "While B.C. has been reducing its bureaucracy, the federal
> government continues to increase its bureaucracy. They now have more
> bureaucrats in B.C., in environment, agriculture, fisheries, parks,
> forestry, and native affairs, to name a few, than we, as a province which
is
> largely responsible for all these functions, as a matter of fact, we are
> responsible for these functions. This duplication has led to billions of
> dollars of unnecessary spending and thousands of additional bureaucrats
all
> doing the same thing at least twice" No wonder Canadians face such a heavy
> tax burden."
>
> Q. Do you pay a lot of taxes that are Illegal for the federal government
to
> collect?
>
> A. That is precisely what this paper is all about. Read your own
> Constitution and find out.
>
> Q. Is it legal for Revenue Canada Feds to collect a Direct Income Tax?
>
> A. Not according to the Constitution. This appears to violate Section(s).
> 18, 52, 91, 92, 102 and 126.
>
> Q. What does the Constitution have to do with it?
>
> A. The Constitution is Common Law that makes Common Sense. The
Constitution
> is the Supreme Law of Canada. One can find this clearly stated in Sec. 52
of
> the Constitution Act itself;
>
> SCHEDULE B CONSTITUTION ACT, 1982 (79)
> PART 1 CANADIAN CHARTER OF RIGHTS AND FREEDOMS
>
> Primacy of Constitution of Canada
>
> 52. (1) The Constitution of Canada is the supreme law of Canada, and any
law
> that is inconsistent with the provisions of the Constitution is, to the
> extent of the inconsistency, of no force or effect.
>
> What our constitution is telling us as citizens is that nobody can ever
make
> a law that violates the constitution; this body of laws, and force you to
> obey it. This is a written guarantee in our Constitution. Note that the
> Constitution does not say that you need to spend thousands of dollars on
> legal representation to prove the government does not have the right to
> enact a law that clearly violates the Constitution. It simply says any law
> that does is of no force or effect.
>
> Q. What do Sec(s). 18, 52, 91, 92, 102 and 126 have to do with Federal
> Income Tax?
>
> A. They define the scope of powers that our various levels of government
> possess.
>
> Q. Does the Constitution in any way limit the powers of our government?
>
> A. Absolutely, the constitution limits the powers of the government. It
does
> this because the Constitution was meant to guarantee Canada remained a
free
> country with free citizens. The Constitution specifically forbids the
> government from conferring extra rights to itself. In the very beginning
of
> the Constitution, in Sec. 18, one finds the following;
>
> CONSTITUTION ACTS 1867 TO 1982
> II. UNION
>
> Privileges, etc., of Houses
>
> 18. The privileges, immunities, and powers to be held, enjoyed and
exercised
> by the Senate and by the House of Commons, and by the members thereof
> respectively, shall be such as are from time to time defined by Act of the
> Parliament of Canada, but so that any Act of the Parliament of Canada
> defining such privileges, immunities, and powers shall not confer any
> privileges, immunities, or powers exceeding those at the passing of such
Act
> held, enjoyed, and exercised by the Commons House of Parliament of the
> United Kingdom or Great Britain and Ireland, and by the members thereof.
>
> What our Constitution is telling us here is that the government can not
> arbitrarily pass laws allowing powers that were not specifically delegated
> to them in the Constitution.
>
> Q. Are specific Taxation Powers of the Federal government enumerated in
the
> Constitution? Are they limited by it as well?
>
> A. The answer is Yes to both questions. Sec. 91 and 92 of the Constitution
> lays out the limitations and specific areas of taxation available to the
> Federal and Provincial Governments. Note that the Section first lays out
the
> scope of the powers it is allocating and sets a very important restriction
> to the powers assigned to the Federal Government; "in relation to all
> Matters not coming within the Classes of Subjects by this Act assigned
> exclusively to the Legislatures of the Provinces". It allows them to make
> Laws for Peace, Order and Good Government. In no way can the Pepper
Spraying
> Government stirring up an Unabated Tax Storm fueling a Trillion Dollar
> Canadian Debt be reconciled with this Dictum. I will not list all the
powers
> enumerated in the section; only the one that Revenue Canada claims gives
> them the right to collect a Federal Income Tax.
>
> CONSTITUTION ACTS 1867 TO 1982
> V. PROVINCIAL CONSTITUTIONS
>
> Legislative Authority of the Parliament of Canada
>
> 91. It shall be lawful for the Queen, by and with the Advice and Consent
of
> the Senate and House of Commons, to make Laws for the Peace, Order, and
good
> government of Canada, in relation to all Matters not coming within the
> Classes of Subjects by this Act assigned exclusively to the Legislatures
of
> the Provinces; and for greater Certainty, but not so as to restrict the
> Generality of the foregoing Terms of this Section, it is hereby declared
> that (notwithstanding anything in this Act) the exclusive Legislative
> Authority of the Parliament of Canada extends to all Matters coming within
> the Classes of Subjects next hereinafter enumerated; that is to say,
>
> 3. The raising of Money by any Mode or System of Taxation.
>
> It is clear from the construction of the Section that the introduction was
> meant to restrict the scope of the federal governments powers, but not
> restrict them from anything that falls within their exclusive
jurisdiction.
> Sec. 92 lays out the Provincial Governments Powers (Again, I note only
> relevant subsection);
>
> CONSTITUTION ACTS 1867 TO 1982
> V. PROVINCIAL CONSTITUTIONS
>
> Subjects of exclusive Provincial Legislation
>
> 92. In each Province the Legislature may exclusively make Laws in relation
> to Matters coming within the Classes of Subjects next hereinafter
> enumerated; that is to say,
>
> 2. Direct Taxation within the Province in order to the raising of a
Revenue
> for Provincial Purposes.
>
> Here it is in Plain English that Direct Taxation can only be used
> Exclusively by the Province in order to raise a Revenue for PROVINCIAL
> PURPOSES. Pertinent to this discussion is a definition of the term
> EXCLUSIVE;
>
> Microsoft Encarta defines it thus;
> Excluding or tending to exclude: exclusive barriers.
> Not divided or shared with others: exclusive publishing rights.
> Not accompanied by others; single or sole: your exclusive function.
>
> Merriam Webster thus;
> Main Entry: 1ex�clu�sive
>  1 a : excluding or having power to exclude b : limiting or limited to
> possession, control, or use by a single individual or group
> 2 a : excluding others from participation b : snobbishly aloof
>
> Black's Law Dictionary 6th Edition thus;
> exclusive - Appertaining to the subject alone, not including, admitting,
or
> pertaining to any others. Sole. Shutting out; debarring from interference
or
> participation; vested in one person alone. Apart from all others, without
> the admission of others to participation. People on Complaint of Samboy v.
> Sherman, 158 N.Y. S.2d 835, 837.
>
> It seems very clear from the definitions; in both common and legal terms,
> that the Reference to Exclusive Powers in the Constitution was to prevent
> the Federal and Provincial governments from interfering in the affairs of
> each other and to prevent Canadians from being taxed by two different
levels
> of government for the same thing. Some say the power to tax is the power
to
> destroy. I can not believe for a moment that our Constitution was written
to
> give the government the power to destroy our Nation, but to Ensure it Does
> Not. Given the nature of the Stated Limitations, it seems much more likely
> that the Creators of our Constitution recognized the Fundamental Evil of
> Unbridled Taxation and sought not only to Protect us against it, but to
> ensure a measure of Fairness for all. It seems everybody, with the
exception
> of Revenue Canada, understands what exclusive means.
>
> Q. Are there rules dictating how Federal Taxes are to be collected?
>
> A. Absolutely there are rules for how taxes are to be collected. Sec. 102
of
> our Constitution tells how the Federal government is supposed to collect
> taxes;
>
> CONSTITUTION ACTS 1867 TO 1982
> V. PROVINCIAL CONSTITUTIONS
>
> Creation of Consolidated Revenue Fund
>
> 102. All Duties and Revenues over which the respective Legislatures of
> Canada, Nova Scotia, and New Brunswick before and at the Union had and
have
> Power of Appropriation, except such Portions thereof as are by this Act
> reserved to the respective Legislatures of the Provinces, or are raised by
> them in accordance with the special Powers conferred on them by this Act,
> shall form One Consolidated Revenue Fund, to be appropriated for the
Public
> Service of Canada in the Manner and subject to the Charges of this Act
> provided.
>
> Note that once again the Constitution expressly excludes the collection of
> Provincial Funds for the Federal Government coffer. It is clear that
Federal
> funds are to be collected by the Feds (Revenue Canada) themselves and put
> into a Consolidated Revenue Fund.
>
> Q. Are there rules for how Provincial Taxes are to be collected?
>
> A. Again, there are rules for how the provincial government can collect
> taxes. These are outlined in Sec. 126 of the Constitution;
>
> CONSTITUTION ACTS 1867 TO 1982
> V. PROVINCIAL CONSTITUTIONS
>
> Provincial Consolidated Revenue Fund
>
> 126. Such Portions of the Duties and Revenues over which the respective
> Legislatures of Canada, Nova Scotia, and New Brunswick had before the
Union
> Power of Appropriation as are by this Act reserved to the respective
> Governments or Legislatures of the Provinces, and all Duties and Revenues
> raised by them in accordance with the special Powers conferred on them by
> this Act, shall in each Province form One Consolidated Revenue Fund to be
> appropriated for the Public Service of the Province.
>
> Note that the Act says; "all Duties and Revenues raised by them" which
means
> the Provincial government is supposed to be collecting all of their own
> taxes (Not Revenue Canada) and putting them into separate Consolidated
> Revenue Funds in Each Province.
>
> Q. Do I, as a Citizen of Canada, have Rights and a say in this issue? Do I
> have the Right to stand up to the government? Can I stand up and be heard
> and voice my opinion?
>
> A. Yes. There is an area of the Constitution that guarantees you Rights
and
> Freedoms. Again, I will not list all of the Rights that are enumerated,
> however, any that are listed are quoted Verbatim from the copy of the
> Constitution published on the internet by the Canada Justice Department at
> http://canada.justice.gc.ca. The following Sections of the Constitution
are
> pertinent to the question of rights of the common man in dealing with
> Revenue Canada;
>
> CONSTITUTION ACTS 1867 TO 1982
> SCHEDULE B CONSTITUTION ACT, 1982 (79)
> PART I CANADIAN CHARTER OF RIGHTS AND FREEDOMS
>
> 2. Everyone has the following fundamental freedoms:
> b) freedom of thought, belief, opinion and expression, including freedom
of
> the press and other media of communication;
>
> Life, liberty and security of person
> 7. Everyone has the right to life, liberty and security of the person and
> the right not to be deprived thereof except in the accordance with the
> principles of fundamental justice.
>
> Search or seizure
> 8. Everyone has the right to be secure against unreasonable search and
> seizure.
>
> Detention or imprisonment
> 9. Everyone has the right not to be arbitrarily detained or imprisoned.
>
> Proceedings in criminal and penal matters.
> 11. Any person charged with an offense has the right
> (d) to be presumed innocent until proven guilty according to the law in a
> fair and public hearing by an independent and impartial tribunal;
>
> Is it possible that Revenue Canada routinely violates your Rights and
> Freedoms as guaranteed to you in the Constitution in their efforts to
> collect taxes that our Constitution EXPRESSLY EXCLUDES THEM FROM
COLLECTING?
> What is your response to the following questions after reading the areas
of
> the Constitution dealing with them?
>
> Q1. Do you believe the Federal Government has the Right to Collect a
Direct
> Income Tax from you?
> Q2. Do you believe the Federal Government has the Right to Disobey the
Laws
> in Our Constitution?
> Q3. Do you believe Revenue Canada Executives should be Held Accountable
for
> Their Directions?
> Q4. Do you believe Revenue Canada should have to Return Any Taxes they
have
> Collected Illegally?
> Q(s)5. If the Federal Government is EXCLUDED from Collecting a Direct Tax
by
> Our Constitution are they not violating Sections 7, 8, 9 and 11(d) of our
> Charter of Rights and Freedoms in their efforts to collect a Direct Income
> Tax from Canadians as well? Revenue Canada will send a Demand to Pay to
your
> Bank to collect taxes and the Bank will turn the money over to them. They
> will do this without you being given your day in court as Sec. 11(d) says
is
> your Right. Since the Constitution says the Federal Government has no
Right
> to collect a Direct Tax, is the Bank aiding them in a fraudulent theft? Do
> you feel this violates your Sec. 8 Constitutional Right to be secure
against
> unreasonable seizure? Do you feel that Revenue Canada's brow beating
tactics
> violate your feeling of security of your person? Do you feel that anyone
> that is imprisoned for not paying a Direct Tax to the Federal Government,
> has had Section 9 of their Charter Rights violated?
>
> Q. Can you recommend a good reference dealing with the subject of Federal
> Income Tax?
>
> A. An excellent resource exists in the form of Robert A. Marquis' book
> entitled;   "Fraud Deception Manipulation"
> ISBN 0-9684802-0-9
>
> You have Rights as a Canadian Citizen if you have the Courage to Stand Up
> for Them. Canada's Tax Laws need not be Revised or Reformed. WE DO NOT
NEED
> A TAX REVOLT. We would have NO PROBLEM IF REVENUE CANADA OBEYED OUR
CANADIAN
> CONSTITUTION!!!
>
> Protect your Constitution and it will Protect YOU! Don't automatically
think
> of what the Constitution is trying to give to the Government when you read
> the Constitution. Think of the Love, Peace and Harmony your Parents and
> Grandparents would want for You. Is it possible the Forefathers of our
> Constitution were trying to leave their Children and Heirs something they
> wanted for themselves; Rights and Freedoms!?!
>
> The TRUTH be Yours Always to Hold High. PLEASE SEND COPIES TO YOUR FAMILY,
> FRIENDS, MP AND MLA.
>
> Post your opinion in this matter on line in the local Riverbend
Newsgroups!
> In your Internet Browser type this URL:
> news://datamorf.net/canadiantaxes
>
>
> --
> Jim Townsend
> Dr. Computer Corporation
> mailto:dr_c@dr-c-datamorf.com
> (403) 703 - 4978
> http://www.dr-c-datamorf.com You can get more information about DataMorf
or
> click to get a copy from ftp://161.184.84.235/datademo.exe
>
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From: <drriley@cgocable.net>
Subject: Re: Is Federal Canadian Income Tax Illegal?
Date: 2000/02/12
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