SERVING CANADIANS..ERRATTUM

CANADA’S SYSTEM OF JUSTICE ERRATUM
A correction to the official Canadian Government Document
“Serving Canadians – Canada’s System of Justice” of which the original wording is now incorrect and provides Canadians with untrue and misleading statements.

By Victor Drummond ©
April 2009

A visit to the Government of Canada web page:
http://www.justice.gc.ca/eng/dept-min/pub/just/img/courten.pdf
provides the reader access to a document titled: “Serving Canadians -- Canada’s System of Justice”.

Possibly when first issued, as an official Canadian Government document, it faithfully expressed the intent of the Canadian Government regarding the operation of Canada’s legal system.

The description of Canada’s System of Justice, as originally written in this document was the highly ethical picture I held in my mind, of Canada’s government, for most of my adult life. But no longer.

Unfortunately the subject document is now outdated and provides a highly distorted word picture of Canada’s System of Justice. A system which has been corrupted, for the past seven or eight years, by defective personal income tax legislation that empowers the Canada Revenue Agency (CRA) to legally rob honest, hard-working Canadian citizens.

Adding insult to injury a discriminatory Tax Remission Order (TRO) was issued November 14, 2007 granting some relief of this legal extortion to a mere 44 former employees of the now defunct SDL Optics/JDSU corporation plant in Saanich-Gulf Islands riding in British Columbia.

For some reason(s), yet to be revealed, the remaining thousands of similar victims were excluded from this action.

Therefore as a caring, compassionate, Canadian citizen I feel it my duty to volunteer my time and talent to point out, and update incorrect, statements contained in this document for the benefit of all Canadians including the overtaxed resources of the Ministry of Justice who I am sure do not have the time to make these corrections.

No thanks, or reward of any kind, is expected by me for providing this service.

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For example the subject document states:

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.

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The true version of this declaration being:

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 with the glaring exception of personal income taxable benefit legislation pertaining to Employee Share Purchase Plans (ESPP’s) and Employee Share Option(ESO) plans where fairness does not apply.

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.


The CRA, however, in dealing with the matter of taxing Canadians on ESPP/ESO phantom income is granted permission to use its muscle, as required, to collect taxes levied on this money that rightfully belongs to the government whether or not the taxpayer ever received it.

This action is not recognized, by the Canadian Government, as a “Stronger” or “More powerful group” taking unfair advantage of a weaker group of people even though that is exactly what happens.
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Here is what the subject document has to say about “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.

The true version of the document “Equality” statements are:


Everyone, except taxpayers who owe the government taxes on phantom income, regardless of race, national or ethnic origin, colour, religion, sex, or mental or physical disability, is equal before the law and has equal protection and benefit of the law.

Tax Remission Orders may be issued, to grant relief from phantom income taxation, and related penalties, to selected individuals, and/or selected groups of individuals, without concern for fairness or equal treatment under the laws of Canada, at the discretion of the government.

This means, in all other respects, that laws and government programs, such as pension plans, must not be discriminatory.
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What does the subject document say about “Charter Rights”:

Charter Rights
(pdf page 18, document page 12) (selected text)

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.

What the document really means in regard to “Charter Rights”:

Charter Rights
(pdf page 18, document page 12) (selected text)

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 actually do 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.

Taxable benefit legislation and application, however, related to the levying and collection of taxes on nonexistent ESPP/ESO (phantom) income, really does violate every Canadians charter rights but is exempt from the “notwithstanding declaration” requirement of the Canadian Charter of Rights and freedoms because: As of March 2009 the practice of taxing ESPP/ESO phantom income has been in effect for eight years and there has been, no “notwithstanding declaration issued, or now need be, issued to keep it in operation.

Taxable benefit legislation, as it applies to ESPP/ESO taxation, is excluded from the Charter provisions because it has been on the law books a long time.(*)

Note:- (*) This statement is based upon a reply received from the office of the Hon. James Flaherty, Minister of Finance, (MOF), when an appellant requested relief from phantom income tax on the grounds Canada’s taxable benefit legislation was flawed and needed to be amended.

The reply, this appellant, received defended the defective legislation on the grounds (that) it had been on the law books for a long time and was therefore justified.

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The above modifications bring the document: “Serving Canadians’ – Canada’s System of Justice” up to date and informs Canadians the way they are really being “Served” by Canada’s System of Justice”.

If you would like to see our Justice system restored to its originally intended condition then contact your local Member of Parliament (MP) and inform him, or her, you want Canada’s Government to follow the lead of the U.S.A. government and amend our defective taxable benefit legislation to put and end to taxing honest, hard-working Canadians on money they never saw.

To see what the U.S. Government has done in this regard visit: www.fair-iso.org and/or www.reformAMT.org

To see what the Canadian government has done in this regard visit: www.cfet.ca and follow the links: “Sign our Petition” and click on the “signatures” tab and read the comments posted there.

To find the contact address information for all federal MP’s visit:- www.yayacanada.com/MPs.html

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


Victor Drummond ©