Wednesday, November 21, 2007

Dan do you see that big green Tree....

FAIR TAXATION – REALITY OR MIRAGE
A Commentary on Current Events related to the Prospect Canadian Victims
Of taxation on Fictitious Income will ever actually realize
“Truly Fair” -- Income Taxation.
By Victor Drummond ©
November 2007



Ocean going sailors and travellers -- crossing the great deserts of this world -- are familiar with a natural phenomenon whereby objects that are hundreds of miles away appear to be nearby.

These -- visually near but actually far distant -- objects are actually real – but not anywhere close to where they appear to be.

They are not hallucinations. But if the observer attempts to move towards the image they see -- it will disappear without a trace.

Pledges and promises made by governments -- and/or politicians -- often do the same thing.

Canadian taxpayers, who were levied taxes on non-existent “Earned Incomes”, have been plodding along -- for the past eight years in a quagmire worse than walking on the shifting sands of any desert – looking for the fair and equal taxation that are rightfully theirs.

In the years from 1999 through 2005 – under the previous regime – there wasn’t a ghost of a chance of actually achieving that right. There were no visual images – real or imaginary – to guide or encourage those weary taxpayers. The defective taxable benefit legislation – that legalized their robbery in the first place – was staunchly defended by the Cretien and Martin governments.

With the change of government -- that took place in 2006 -- a young conservative MP, representing the riding of:- Saanich, Gulf Islands in British Columbia, -- The truly Honourable Gary Lunn – submitted a request -- for a remission order of those unfair taxes.

This appeal eventually found approval by her Excellency the Right Honourable Michaelle Jean – Canada’s Governor General.

According to the sketchy information provided -- about this tax remission order – in the Canada Gazette issue of November 14, 2007 – this document arrived at the governor generals office with the endorsement of Canada’s National Minister of Revenue – the Honourable Carol Skelton.

The Canada Gazette article did not comment on the legality of the remission order after it was approved by her Excellency the Governor General for Canada.

Is Royal Approval -- without the passage of the order by the House of Commons – and/or the approval of the Prime Minister – and/or the passage by Canada’s Senate – sufficient to give the order the force of law?

The Canada Gazette article makes no mention of these other approvals being required or received.

Perhaps that is the reason that one source stated – a few weeks ago – the JDS Employee’s tax remission order was still before the courts.

Also stated – not long ago – this remission order only applied to those JDS Corporation employees in British Columbia -- who were named in the order – and to no one else.

How is that for “Fair and Equal” tax treatment for all Canadians?

Now this conundrum raises a few important questions, i.e.

(1) If the Remission Order – already given Royal Assent – is not bona fide without additional approvals then it is subject to a review by those who must give approval – and it may – like a mirage – just disappear. Is it now Law or Not?

(2) If the Remission Order has the force of law -- with the approvals it already has -- then there is a Basis for demanding equal treatment under the law -- as provided by the Canadian Charter of Rights and Freedoms article 15(1) and also by the updated Taxpayers Charter Article (8).

There is also a basis for accepting the provision of the Pledge of Fair Taxation -- to give every person who appeals their tax assessment -- a clear and plain explanation of the amended legislation that now relieves them of those ridiculous taxes on their 1999 and 2000 non-existent "Earned Income”.

This would also give some substance to the 2007 pledge of “Fair Taxation” for all Canadians.

(3) If the current government wished to restore the RIGHT of all Canadians to truly “REAL” Fair Taxation they would amend the defective taxable benefit legislation to remove corporation/company shares from the taxable benefits classification.

This would eliminate the REAL possibility that a promise of “Fair Taxation” for all Canadians might disappear -- like a mirage – at the whim of some court judge or appeals officer.


Think about this situation when invited to vote for someone in the next Federal Election.

Do you want to be controlled and represented by MIRAGE makers.


Victor Drummond ©

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