Wednesday, December 12, 2007

Why didn't someone....

OH MY – IF I HAD ONLY KNOWN
A statement of who knew what when
And what was done about it.
By Victor Drummond ©
December 2007


Everyone who has taken the time to visit this blog page – and read an article or two – will be aware there is a serious problem with the Canadian Income Tax Act, Taxable Benefit Legislation.

Numerous Honest, Hard-working, Conscientious Canadian Taxpayers have been levied exorbitant
Taxes on huge, fictitious, “Earned” Incomes . Money that was never seen, was not “Earned” and never was, or ever will be “Income”.

Any reasonable person would assume that a matter -- as outrageous as this -- would be corrected immediately as soon as someone in authority became aware of the matter.

Well – so long as no one is being hurt – I suppose the corrective action could wait for a month or so – or a year or two – or possibly just left as is. That is as long as no one is being hurt.

If anyone, however, had to borrow money, or re-mortgage their home, or divorce their spouse, or live with a huge tax deferment unto death – well that is another story. Then there is a real requirement to correct the matter As Soon As Possible. That is ASAP. And that is the reality of this scourge.

The problem arrived on my doorstep when I found out my son has been financially decimated by this very flawed legislation. When I looked into the matter I immediately found a young couple who had been forced to mortgage their home AND apply for Tax Deferment via the form T1212.

It took no time at all to find a dozen or so other victims in similar tax situations. My first young couple had written to the Honorable Paul Martin -- Prime Minister of the time – appealing to him for relief from their unjust financial dilemma. They even offered to give all their ESPP acquired shares to the government in exchange for tax relief. No Deal said Paul Martin – in so many words.

Paul Martin’s response was to forward their appeal to the Finance Minister the Honorable Ralph Goodale who in turn acknowledged the letter from the young couple and informed then the issue was under active consideration.

Nothing ever came of that message exchange and the couple are still faced with a heavy deferred tax and are struggling to pay off the mortgage on their home.

While still in office as Prime Minister the Honorable Paul Martin happened to be in the Vancouver Airport at the same time as another seriously overtaxed victim e.g. Mr. Kevin Hawe.

Mr. Hawe had the opportunity to speak with Mr. Martin and made a verbal appeal to him for relief from the unwarranted tax burden that Mr. Hawe was now faced with.

Paul appeared to listen to Kevin’s words and made a verbal commitment to look into the matter and see what could be done to rectify the problem. Kevin is still waiting for something/anything to be done.


In January 2006 when the minority conservative government came into power it gave reason for the taxable benefit victims to have hope that their plight may be recognized and corrective action taken.

The Honorable Gary Lunn, MP for the riding of Saanich Gulf Islands, in British Columbia, recognized the injustice of some JDS Uniphase Employees who were also victims of the insidious taxable benefit legislation.

Gary went to work to find some form of justice for these victims in his riding and by November 2006 had succeeded in getting a Tax Remission order approved – that gave some 40+ former JDS Employees some rebate of their taxable benefit taxes.

Until November 14th 2007, when the Canada Gazette published -- a few meager details – the actual tax relief provide by the remission order was a deep dark secret.

There was no lack of trying to get confirmation that a deal existed. There were hundreds of letters, and e-mails, sent to every imaginable authority, from sitting MP’s to Journalists who had published articles on the announcement by Gary Lunn.

Even now it is not clear whether or not those who benefited from this remission order actually received a “Fair Deal”.

From some numbers -- appearing in an article in the December 7th 2007, Victoria Times Colonist Newspaper, it seems there are various degrees of “Fairness” given to different remission order beneficiaries.

None of the deals described look truly fair on the surface. From the data revealed -- so far -- it appears no one was refunded the total amount of taxes levied against them by reason of money they never received. Is this another case of take it or leave it half-way fixes?

The deal fairness issue aside – there is a larger more serious aspect to this tax remission order.
How about equal treatment under the law – as provided by the Canadian Charter of Rights and Freedoms Article 15(1), and also under the more recent Taxpayers Rights Charter Article 8 ?

On the basis of charter violations alone – an Honest, Conscientious, Creditable Politician would raise proper hell until some effective form of corrective action was in place.

Nothing of substance has been initiated by any Canadian political person(s) and/or political parties so far.

There has been a lot of rhetoric on the issue of “Fair Taxation” by the conservative party from the time they were campaigning for election in 2005 right up to the present time.

So far all they have done is to proclaim Fair Taxation for all Canadians and putting a series of patch-up brochures, bulletins, Information circulars etc. ad-infinitum.

The implied overall content of these publications and public speeches is that by utilizing the avenues open to -- any and all -- dissatisfied Canadian taxpayers that Fair Taxation may be achieved.

This is a farce – because the defective legislation is still in place – and still operative.
The flawed taxable benefit legislation and rulings still deny the RIGHT of every Canadian Taxpayer to equal and fair taxation.

It still leaves hard working, honest Canadian Taxpayers to beg for their own money – and it still allows the government the ability to deny victims of unjustified taxation any form of compensation.

Just so you all know who -- in Canadian Political Parties – have been made aware, (repeatedly) of this abusive, punitive and unjust tax legislation here is a list that have been brought to my attention.

Each person named should be credited with the action they took and/or commitment they made to initiate proper corrective action.

The Honorable Stephan Harper – Canada’s Prime Minister.

Notification:- Several dozen E-mails since elected PM.
Messages acknowledge via cookie cutter replies.

Action taken:- Patchwork Appeal Avenues implemented, Taxpayers Ombudsman,
Taxpayers Charter.
Grand speeches on fair taxation, e.g. Toronto Canadian Club.

Results:- Fair and equal taxation – not yet in operation.
This issue is only aggravated by the JDS BC Tax Remission Order.

============================================

The Honorable Jim Flaherty – Canada’s Minister of Finance.

Notification:- Hundreds of letters and E-mails since being elected and appointed.

Action taken:- Some messages acknowledged – many just ignored – issue passed back and forth with
other minister(s) e.g. Carol Skelton Nation Revenue Minister.

Results:- Fair and equal taxation – not yet in operation.
This issue is only aggravated by the JDS BC Tax Remission Order.

============================================

The Honorable Gordon O’Connor, Minister of National Revenue
formerly, The Honorable Carol Skelton, Minister of National Revenue.

Notification:- Hundreds of Letters and E-mails. A dozen or so from Kevin Hawe and couple from
me.

Action taken:- (CS) Endorsed the JDS Tax Remission Order, forwarded letters of Appeal to the
Minister of National Finance.

Results:- Fair and equal taxation – not yet in operation.
This issue is only aggravated by the JDS BC Tax Remission Order

===========================================

Kevin Hawe reports he has sent no less than 53 messages of appeal to every conservative MP from British Columbia to Ontario. Results:- Nil.

===========================================

The Honorable Gary Lunn, MP, Riding of Saanich Gulf Islands, British Columbia.

Notification:- Hundreds of Letters and E-mails. Many never acknowledged.

Action taken:- Initiated a Tax Remission Order for a few of his constituents.

Results:- Fair and equal taxation – not yet in operation.
This issue is only aggravated by the JDS BC Tax Remission Order

============================================

The Honorable Stephen Dion , Leader of the Opposition, Liberal Party Leader.

Notification:- No less than 10 messages of appeal for assistance from Kevin Hawe
Including one request, 17 May 07, to meet with Stephen and/or Keith Martin while
they were visiting Victoria B.C.
Given buyerbeware blog page url.

Action taken:- Not even an acknowledgement of Kevin’s messages.

Results:- Absolutely NONE. Apparently Fair Taxation is not on the Liberal Agenda.

=============================================

The Honorable Michael Ignatief, Deputy Leader of the Liberal Party.

Notification:- Two messages from Kevin Hawe. First 29th Nov. 07
Second 7, Dec, 07. including URL to 7th Dec. 07
Ottawa Citizen Newspaper – “Tories forgive…”

Action taken:- No acknowledgement to date – but time has been relatively short.
Will reserve judgment on this politician’s action to end of 2007

Results:- Absolutely NONE. Apparently Fair Taxation is not on the Liberal Agenda.


==============================================

The Honorable John McCallum, Liberal Finance Critic

Notification:- At least 5 direct messages, plus CC’d on all messages to Stephen Dion
From Kevin Hawe as early as May 17th 2007.
Last message 7th Dec. 07 with URL to Ottawa Citizen Newspaper
banner headline.

Action taken:- Not even an acknowledgement of Kevin’s messages.

Results:- NONE. Apparently Fair Taxation is not on the Liberal Agenda.

=============================================

The Honorable Judy Scro, Liberal Revenue Critic.

Notification:- 1 or 2 direct messages and CC’d on all messages sent to Stephen Dion.

Action taken:- Not even an acknowledgement of Kevin’s messages.

Results:- NONE. Apparently Fair Taxation is not on the Liberal Agenda.

==============================================

The Honorable Jack Layton, Leader of the Federal New Democratic Party.

Notification:- Not less than 11 direct messages in current year.
Last message 7th Dec. 07 with URL to Ottawa Citizen Newspaper
banner headline. Given url to Canada Gazette published 14 Nov. 2007.
Also given the url of this blog page.

Action taken:- None to date

Results:- NONE. Apparently Fair Taxation is not on the NDP Agenda.

==============================================

The Following Federal New Democratic Party MP’s have been CC’d in messages sent to The Honorable Jack Layton.

The Honorable Jean Crowder, MP, NDP Critic Aboriginal Peoples Affairs.

The Honorable Denise Savoie, MP, NDP, Victoria British Columbia.

The Honorable Thomas Mulclair, NDP, MP for Outremont Quebec.

Action taken:- None to date

Results:- NONE. Apparently Fair Taxation is not on the NDP Agenda.

========================================
There has been no record -- come to my attention – of any other persons in the federal political arena who have been sent messages -- of appeal for fair taxation – either directly or via CC’s.

However in light of the recent News media, TV and Newspapers, there is no room to doubt that all federal politicians are well aware there is unfairness in the Canadian Income Tax Legislation as it presently stands.

No Leader of a Canadian Political Party can hide behind the excuse:-
“Oh My – If Only I had Known” – I would have implemented immediate relief for those victimized and taken prompt action to correct the defective legislation that produced this travesty in the first place.

YEAH RIGHT

Now you know – Either acknowledge and state a position on this issue or:-

When the time comes for the Ostriches to appeal to us for our vote – then we will say –
OH My -- If Only you had known.

We intend to reward performance – not hollow promises and/or patchwork fixes.
NOT ONE SINGLE CANADIAN WILL HAVE TO BEG FOR JUSTICE
If the proper corrective action is taken.

Vote for Victor Drummond – if you agree that our present politicians are not worthy to be, or become, our government.

See you at the Federal election voting polls.

Victor Drummond ©

3 comments:

Anonymous said...

I too have been a victim of wrongfiul taxation under similar circumstances. I have communicated with the MP in my riding, John Baird, who claims is in communication with Jim Flaherty on the matter. I met with Mr. Baird back in April 2007 when I first became aware of the JDS settlement. Since the JDS matter was publicly exposed, in October, Mr. Baird's office appears to be ever so slightly more inclined to acknowledge my claim... but still I have yet to see any traction on the matter.

Perhaps it's time to walk into Mr. Baird's office, stand on his desk and demand action.

Victor Drummond said...

vaderr:-
Thanks for posting your comment to this article. Politicians when face to face with a voter are usually polite and agreeable. But actions speak louder than words and it appears you are not going to get any more positive action than the rest of us.

If you would like to communicate with more victims of this taxable benefits rip-off send me an E-mail at vic.drummond@sympatico.ca

You will not be asked to contribute anything but the time it takes to talk with us.

Vic

Anonymous said...

I admire your tireless effort in bringing awareness to this very serious issues.

It looks like no one single politician is interested in this issue.

Perhaps a new strategy is required to build on the momentum generated by the recent news on the private JDSU deal.

Will a supreme court challenge on the ground of violation of charter of rights be enough to attract the attention of those so called "honorable" MPs?

I think the only way to get any where with this issue is to make it an issue for the next election.

I will vote for whichever party first to promise to fix this injustice.