Article View: can.gov
Article #76Re: Is Federal Canadian Income Tax Illegal?
From: Jim Townsend
Date: Sun, 20 Feb 2000 00:00
Date: Sun, 20 Feb 2000 00:00
545 lines
21752 bytes
21752 bytes
Can't. I already tried that. The UN International Court only hears cases between states. I also tried to lodge a complaint with both the provincial and federal Human Rights Commission. They refused to accept my complaint, so I tried to lodge a complaint with the UN Human Rights Commission. Canada does not allow their citizens to appeal the the UN Human Rights Commission. The UN told me I would have to take my case to the Canadian Human Rights Commission. In Canada, our rights exist only on paper because we have been too lazy to protect them.... I am looking for people that are willing to help me get the word out about Revenue Canada's Fraudulent Schemes. I have two documents that I would like you to print and distribute for me. The first is available at: ftp://datamorf.net/taxesone.doc It is a read only three fold brochure that is written with Word '97 It outlines sections of the Canadian Constitution that prove Revenue Canada's tax schemes are fraudulent. The second is available at: ftp://datamorf.net/taxestwo.doc It is a read only three fold brochure that is written with Word '97 It contains historical reference that prove Revenue Canada's tax schemes are fraudulent and that they are misquoting and misrepresenting our Canadian Constitution. If you love freedom and democracy, If you believe our government should have to follow the same laws that we have to, If you believe you were not born into slavery to be taxed to death then you should at the very least read these two documents. If you believe it is your responsibility to stand up for your own rights and to protect the rights of those you hold near and dear, then I would appreciate you printing and distributing these documents. If you don't have the time or inclination to protect yourself, who will? Remember: All that is required for tyranny to prevail is that good men do nothing.... Please download and read these documents.. All you have to lose is the shackles that would enslave you. Sincerely, Jim Townsend <drriley@cgocable.net> wrote in message news:Btlp4.33986$632.1474693@news1.rdc2.on.home.com... > How about taking your case to the UN ?? > > > "Jim Townsend" <dr_c@telusplanet.net> wrote in message > news:OsTj4.95229$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:
<0fUr4.4341$pn1.126177@news0.telusplanet.net>Path:
arc1-ca.pugleaf.net!unknown!not-for-mailReferences:
<OsTj4.95229$n3.1894719@news0.telusplanet.net> <Btlp4.33986$632.1474693@news1.rdc2.on.home.com>Show Full Headers
Complete Article Headers
X-Google-Language: ENGLISH,ASCII X-Google-Thread: fa8a0,19568954f25b9cf0 X-Google-Attributes: gidfa8a0,public From: "Jim Townsend" <dr_c@telusplanet.net> Subject: Re: Is Federal Canadian Income Tax Illegal? Date: 2000/02/20 Message-ID: <0fUr4.4341$pn1.126177@news0.telusplanet.net> X-Deja-AN: 587562167 References: <OsTj4.95229$n3.1894719@news0.telusplanet.net> <Btlp4.33986$632.1474693@news1.rdc2.on.home.com> X-Priority: 3 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2919.6600 X-Trace: news0.telusplanet.net 951062588 161.184.84.235 (Sun, 20 Feb 2000 09:03:08 MST) X-MSMail-Priority: Normal NNTP-Posting-Date: Sun, 20 Feb 2000 09:03:08 MST Newsgroups: can.gov