SERVING CANADIANS..

SERVING CANADIANS – CANADA’S SYSTEM OF JUSTICE
You can not eat everything you see or believe everything you read.
A commentary on selected Canadian Government Publications
Proclaiming the Fairness and Justice of Canada’s Laws.

By Victor Drummond ©
March 2009

A good place to begin a review of Canada’s System of Justice, is at the Government of Canada web page:
www.justice.gc.ca/eng/dept-min/pub/just/img/courten.pdf

This web page displays an official, (not legal), document which bears the title of this article:

“Serving Canadians” – Canada’s System of Justice.”

The message conveyed by the title informs the reader (that) the intent of the Canadian Justice System is to “Serve the best interests” of all honest, decent, Canadians.

The document begins with a question, and continues with some answers, such as the following:

Why do we need laws – What else do laws achieve?
pdf page 8, document page 2 (selected paragraph)

Laws are also aimed at ensuring fairness.

By recognizing and protecting basic individual rights and freedoms, such as liberty and equality, our laws ensure that stronger groups and individuals do not use their powerful positions to take unfair advantage of weaker groups or people.

From the conduct displayed by Canada’s “Government” it appears none of our Members of Canada’s 40th Parliament and none of our federal political party leaders have read and/or comprehended what that document is all about.

Or worse still they have read the document and do understand its wording, and intent, but adopt the attitude (that) it is merely political rhetoric to impress the gullible public, and no one in authority need pay any attention to it. Judging from the fact those in government ignore all appeals by Canadians, individual and group, for reform of our defective, abusive and unjust taxable benefit legislation this is the most likely explanation.

What other explanation is there for a law to exist, and continue in operation for nearly a decade, that imposes a real tax on purely potential but nonexistent, (phantom), income?

This unjustifiable extortion has been financially decimating to many victims and in many cases is being imposed on the basis of an unfounded assumption.

As the victimized taxpayer has never received the money, being taxed, they must find other sources of money to pay the tax, such as drawing upon retirement, savings, and/or children’s education funds and/or borrowing money and/or disposing of real property such as a home.

One would be hard pressed to find a more glaring example of people in more “powerful positions taking unfair advantage of weaker groups or people.”

When some 44 victims of this unjust tax had these taxes, and related penalties, revoked, by way of a discriminatory Tax Remission Order (TRO), (leaving tens of thousands of excluded victims to pay this outrageous tax any way they could), the “ensured fairness” of the law was blown right out of the water.
This blatantly discriminatory, unfair and unjust government action has been appealed by many equally victimized Canadians but no action has been taken, to date to, rectify the situation.

Every Member of the House of Commons has been made aware of this on-going violation of the Canadian System of Justice and only one, so far, has done anything to try to correct the problem?

One Member of Canada’s 40th parliament has shown the decency and compassion to defend an abused constituent and has written a letter to the Minister of Finance requesting the flawed taxable benefit legislation be corrected and those already victimized fairly compensated.

Another statement in the subject document deals with “Equality Rights:

Equality rights

(pdf page 20, document page 14)


Everyone, regardless of race, national or ethnic origin, colour, religion, sex, age, or mental or
physical disability, is equal before the law and has equal protection and benefit of the law.

This means that laws and government programs, such as pension plans, must not be discriminatory.
How does a “Tax Remission Order”, (TRO), that gives relief of unjustified taxation on money that never existed, (phantom income), for some 44 victimized Canadians, while excluding many thousands of other victimized Canadians’ rate in the “Equality rights” category?

Are the excluded victimized taxpayers not being discriminated against in this situation?

“Yes” they are discriminated against, beyond any doubt.

How about protection guaranteed all Canadians under the Charter of Rights and Freedoms?

Here is what the document “Canadian System of Justice” has to say about that:

Charter Rights
Pdf pages 18-19, Document pages 12-13

Under the agreement between the federal and provincial governments that resulted in the Constitution Act, both Parliament and the provincial legislatures keep some limited power to pass laws that may violate Charter rights. This is democratic because it gives the elected legislatures the last word. However, their power is still limited because Parliament or a provincial legislature must specifically declare that it is passing a law “notwithstanding” specified provisions of the Charter.
This declaration must be reviewed and re-enacted at least every five years or it
will not remain in force.

Can anyone dispute the defective taxable benefit legislation, and the discriminatory TRO that it spawned, do not violate every Canadian’s “Rights” to equal treatment under the law?

They both certainly do. So has anyone seen a “notwithstanding” declaration, at any time, from Canada’s Parliament, to validate this violation? If there is one it hasn’t come to my attention.

If there hasn’t been such a declaration then according to the guidelines presented in the document: “Canada’s Justice System” the defective taxable benefit legislation is not now, and has not been, valid since the tax on nonexistent income began in the year 2000.


And what does the document say about legal rights?

Legal rights
(pdf page 19, Document page 13)


The Charter also protects the individual and ensures fairness during legal proceedings, particularly in
criminal cases. The rights to habeas corpus, or the right to challenge being detained or held, and to be
presumed innocent until proven guilty – always recognized as part of our law – are now guaranteed in
our constitution.

How about the fairness during legal proceedings and the right to the presumption of: innocent until proven guilty.

This assumption is head-on contradictory to the Canada Revenue Agency, (CRA), policy of levying horrendous taxes on phantom income based on the unproven assumption the taxpayer has deliberately decided to play the markets. This amounts to an assumption of guilty until proven innocent.

The CRA has, without a shred of evidence, placed the onus on the victimized taxpayer to prove their innocence whereas the Canada Justice System document places the onus on the CRA to prove the taxpayers guilt. (Another violation of Canadian citizens basic guaranteed rights.)

Then what does the document say about fixing defective legislation?

Changing The Laws
pdf page 13, Document page 7

Government legal experts are constantly examining our laws, looking for ways to improve them.
Law reform committees review laws and recommend changes.

Lawyers bring questions of law to court to bring about change.

Social action groups seek changes to laws that they consider unfair to members of Canadian society.

Legislators at the federal, provincial and territorial governments respond by introducing new laws or
amendments to old ones to be considered and debated in Parliament and the legislatures.

Ultimately, though, the responsibility for changing our laws is not left entirely to the lawyers, the experts or the interest groups.

It is the people of Canada who elect the lawmakers; we need to decide what we want from the
law and then make sure it reflects those wishes.

Everyone has the right to point out flaws in the law and to work towards changing these laws – lawfully, of course.

Canadians for Fair and Equitable Taxation (CFET) is: “A social action group” that has been appealing the injustice, unfairness and inequality of Canada’s defective taxable benefit legislation for over a year without results.

No one has contested CFET’s claim (that) the Canada Revenue Agency (CRA) policy of taxing phantom income, under the umbrella of defective taxable benefit legislation, is unfair, unjust, a violation of the victims right to the presumption of innocence. AND no one has taken effective action to correct this atrocity either.

Where does Canada’s Prime Minister (PM) stand on this issue? Not a peep out of our PM.
Where do the leaders of Canada’s opposition parties stand on this atrocity? Not a peep out of any one of them on this issue.

Are they all afraid to say they agree with a tax policy that is so outrageous, and also afraid to stand up for their victimized constituents? That is not the kind of government honest Canadians deserve.

So what purpose does the document: “Canada’s System of Justice”, “Serving Canadians” actually serve when the words and intent of the document are not observed by the very government(s) that created them?

Readers of this blog, who agree the taxing of phantom income is “unfair and unjustified” and who want to see Canada’s government live up to the word and intent of their own document: “Serving Canadians – Canada’s system of justice”, please forward a copy of this blog to their Member of Parliament with a statement telling their MP you want this defective legislation amended and those who have already been victimized fairly compensated.

You will find contact information for your MP at this web page:- http://www.yayacanada.com/MPs.html

See you at the next federal election voting polls O’Grady.

Victor Drummond ©