Tax Resistors - Our New Heroes
By Tom J. Kennedy
All forms of DIRECT TAXATION (income tax, property taxes, P.S.T. etc.) are exclusive rights of the provincial legislatures, according to the Canadian Constitution. The advent of The War Tax under The Emergency War Measures Act during the First World War gave this exclusive power to the Federal Government. However, on November 7,1970 Federal Minister of Justice, John Turner revoked The War Measures Act with the introduction of Bill C-181 known as The Public Order (Temporary Measures) Act 1970. Therefore, it stands to reason that the field of direct taxation ought to be handled exclusively by the respective provinces.
As more and more people are following self-imposed courses of study they are learning that they are being denied access to certain "rights and freedoms" as found in The Constitution of Canada and in The Canadian Bill of Rights. As fellow-Canadians gain this new knowledge about their "rights and freedoms" they are taking action.
Tax Resistors are fast becoming "Our New Heroes." Let me share brief details about three such individuals.
(1) Thane Heins, a restauranter and respected businessman from Renfrew, Ontario seeks to serve his fellow-citizens by refusing to support the present Federal and Provincial Governments which are violating the laws of Canada as outlined in the Canadian Constitution. In January 1999 Thane Heins ceased the collection of (a) G.S.T. (b) P.S.T. and (c) also ceased withholding income tax from his employees’ pay cheques.
On July 7th, 1999, the GST police arranged to meet with Thane Heins at his place of business - The Old Towne Hall Restaurant and Tea Room. As the meeting commenced, Thane Heins requested the GST policewoman to complete the Public Servant’s Questionnaire. She declined to do so, suggesting that her supervisor should come back with her on the next day. Thane quietly explained that the appointment was for July 7th and that he would not be available on July 8th.
Thane briefly explained to the GST policewoman that his research had indeed disclosed that the G.S.T. is an example of a direct tax identified in the Canadian Constitution as an exclusive power of the provincial legislature. He explained that he now declines to collect the G.S.T. because does not to perpetrate an illegal act on behalf of the Canadian Government - under the threat of penalty. The G.S.T. policewoman listened politely for a few minutes, then she packed up her portable computer and asked for directions back to Ottawa. Thane waits for the next event.
(2) Keith Medcalf’s most recent date with Revenue Canada was in Toronto, on August 4th, 1999 @ 10:00 AM. Keith appeared in Courtroom 117, at Old City Hall, 20 Queen Street West, Toronto, Ontario, Canada.
Judge MacDonell, of the Ontario Court of Justice (Toronto Region) ruled that the Constitutional challenges in Keith Medcalf’s case infringed the Collateral Attack in that they constituted an attack against the lawfulness of the previous orders. None of the Issues raised by Keith Medcalf on the Notice of Application and Constitutional Question were permitted to be entered into argument. Keith was convicted at trial (no defense was permitted to be entered) and was sentencd on the 18th of October 1999 in the same courtroom. The prosecuting attorney recommended a jail sentence. I am not certain of what sentence was imposed on Keith.
Visit Keith Medcalf’s website for full details at this URL: http://www.dessus.com
On the front page click on the blue lines and there is much relevant information to
read.
You will find
1. Notice of application
2 Affidavit of Keith Medcalf
3. Affidavit of Robert.A .Marquis,C.A.
4. Applicants Factum
If you do not read anything else read Keith's affidavit where he lists the many ways
Revenue Canada Taxation in collusion with the Government of Canada uses criminal activity
as described in the Criminal Code to force compliance to their unlawful intrusion into our
lives and livelihoods.
(3) Brad Medd, an accountant from Cameron, Ontario was first hauled into court and charged with the criminal offense of "failing to file an income tax return" in early January 1999. He was back in court on March 22nd , 1999 and after some arguments about court procedures the case was re-scheduled for May 6th, 1999. On May 6th the court re-scheduled the case until September reserving two hours of time on September 13th, 1999 at the Lindsay Courthouse, 444 Kent St. W. Lindsay. Brad is scheduled to be back in court on December 13th, 1999. You can contact Brad Medd for more details about his ongoing saga.
Tel/Fax: 1.705.887.5168
Readers can read some background about Brad Medd’s challenge to Revenue Canada taxation at this URL: http://www.cyberclass.net/medd.htm
Any readers with resources and/or money to offer in support of a class action suit against Revenue Canada Taxation are invited to communicate with the author who is searching for a lawyer who will take on the unique challenge of carefully crafting a class action suit to serve any Canadian citizens who wish to participate. A case against Revenue Canada Taxation must be prepared so that it stands a chance of being heard in front of a jury of peers.
Contact: Tom J. Kennedy: Tel: 613.746.9702 Fax: 613.747.6666 Email: tom@cyberclass.net
P.O. Box 9333, Ottawa, Ontario K1G 3V1