Article View: can.gov
Article #74Re: Is Federal Canadian Income Tax Illegal?
From: drriley
Date: Sat, 12 Feb 2000 00:00
Date: Sat, 12 Feb 2000 00:00
417 lines
18673 bytes
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 > > DataMorf is a software emulation of a human brain. DataMorf stores > information in the same way as you do in your own mind, allowing you to > catalogue absolutely anything! It also does document compression and > archival for literally ANY type of computer data or program files, allowing > you to catalogue all of your documents and relate them to any other person, > place or thing in the database. This makes it easy to find ANY of the > documents in your Archive Library instantaneously. Because of its unique > structure, DataMorf replaces all of your different Databases, Contact > Managers and Document Archivers with this single application. DataMorf is > designed as an interface for a Neural Net. > >
Technical Details
Message-ID:
<Btlp4.33986$632.1474693@news1.rdc2.on.home.com>Path:
arc1-ca.pugleaf.net!unknown!not-for-mailReferences:
<OsTj4.95229$n3.1894719@news0.telusplanet.net>Show Full Headers
Complete Article Headers
X-Google-Language: ENGLISH,ASCII X-Google-Thread: fa8a0,19568954f25b9cf0 X-Google-Attributes: gidfa8a0,public From: <drriley@cgocable.net> Subject: Re: Is Federal Canadian Income Tax Illegal? Date: 2000/02/12 Message-ID: <Btlp4.33986$632.1474693@news1.rdc2.on.home.com> X-Deja-AN: 585123570 References: <OsTj4.95229$n3.1894719@news0.telusplanet.net> X-Priority: 3 X-Mimeole: Produced By Microsoft MimeOLE V5.00.2919.6600 X-Complaints-To: abuse@home.net X-Trace: news1.rdc2.on.home.com 950395873 24.141.193.70 (Sat, 12 Feb 2000 14:51:13 PST) Organization: @Home Network Canada X-MSMail-Priority: Normal NNTP-Posting-Date: Sat, 12 Feb 2000 14:51:13 PST Newsgroups: can.gov