2013 2013 petition to the government of ontario

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PETITION

TO The Legislative Assembly of Ontario: -

WHEREAS the Government of Ontario has illegally abdicated its responsibility to the citizens of

Ontario by allowing the Federal Government to illegally usurp its EXCLUSIVE Constitutional

authority in the area of income tax collection and has been in criminal contempt of the

Constitution of Canada (since 1917) and the Supreme Court of Canada since March 31st, 1962.

The Supreme Court of Canada ruled in 1950 that the Federal Government was NOT allowed to

invade exclusive Provincial areas of jurisdiction and collect personal income tax from individual

Canadians and that this exclusive right was reserved solely and exclusively for the Provincial

legislatures as outlined by our Constitution (in order that they would be able to fulfill their social

service responsibilities to provide adequate funding for education, schools, heath care, hospitals

etc.) Constitution of Canada (Section 92)

The Supreme Court of Canada also ruled that the Ontario Government was NOT allowed to

delegate any of its exclusive Provincial Constitutional responsibilities to the Federal Government

nor was the Federal Government allowed to enter exclusive Provincial areas of jurisdiction by

force or coercion.

The Supreme Court of Canada ordered the Federal Government to return the collection of

income tax back to the provinces by March 31st, 1962 because the tax rental agreement

between the Federal Government and the Provinces and Revenue Canada’s charter EXPIRED

at that time. Revenue Canada has been operating illegally in Canada since March 31st, 1962.

From Chief Justice C.J. Rinfret and the 1950 Supreme Court of Canada Ruling

"Each Province can legislate exclusively on the subject matters referred to it by section 92."

"The country is entitled to insist that legislation adopted under section 91 should be passed

exclusively by the Parliament of Canada in the same way as the people of each Province are

entitled to insist that legislation concerning matters enumerated in section 92 should come

exclusively from their respective legislatures."

"The Parliament of Canada and the Legislatures of the several Provinces are sovereign within

their sphere defined by The British North America Act, but none of them has the unlimited

capacity of an individual..."

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"They can exercise only the legislative powers respectfully given to them by sections 91 and 92

of the Act, and these powers must be found in either of these sections..."

“In each case the Members elected to Parliament or to the Legislatures are the only ones

entrusted with the power and the duty to legislate concerning the subjects exclusively distributed

by the constitutional Act to each of them..."

“No power of delegation is expressed either in Section 91 or in section 92, nor, indeed, is there

to be found the power of accepting delegation from one body to the other; and I have no doubt

that if it had been the intention to give such powers it would have been expressed in clear and

unequivocal language..."

“Under the scheme of The British North America Act there were to be, in the words of Lord

Atkin, "water tight compartments which are an essential part of the original structure..."

“Neither legislative bodies, federal or provincial possess any portion of the powers respectfully

vested in the other and they cannot receive it by delegation. In that connection the word

"exclusively" used in both section 92 and in section 92 indicates a settled line of demarcation

and it does not belong to either Parliament, or the Legislatures, to confer powers upon the

other."

- The Chief Justice C.J. Rinfret 1950 Supreme Court of Canada Ruling

In his 1961 Federal Provincial Conference, Prime Minister John Diefenbaker said;

“Accordingly, the Federal Government proposes to discontinue the tax rental system

when it expires on March 31st, 1962.” (note: this requirement resulted from the Supreme

Court of Canada ruling of 1950, the Lord Nelson Hotel Company Limited case) “They will

exercise their constitutional right to impose, vary and adjust their levies from time to time as may

be necessary in the light of their responsibilities to their Provincial taxpayers and without

recourse to the Federal Government. Thus there will be a return to the active responsibilities

which the Constitution confers upon both levels of government under the Federal System. It will,

however withdraw progressively and substantially from the personal income tax field in favour of

the provinces.”

- Hansard, February 28, 1961. Address by the Right Honourable John G. Diefenbaker

The criminal organization now operating in Ottawa as the Federal Government has created enormous and deliberately designed - perpetual economic hardship for the Provinces and the citizens of Canada. The intent was and still is to make the Provinces dependent upon Ottawa and for Ottawa to rule over the Provinces as a financial dictatorship.

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The problems currently facing Ontario and the rest of the Provinces and Canada were accurately predicted by our Premiers in 1940. From the 1940 Dominion – Provincial Conference "Under the British North America Act, Manitoba was given, like the other provinces of Canada, the Constitutional right to discharge certain governmental functions, but administrative and legislative. To provide the province with the revenues with which to pay the cost of discharging these functions the province was empowered to impose direct taxation within the province." "The tendency of the course recommended by the commission would be to lower the general standard of development rather than to raise it. It would be a backward step instead of a forward one."

- Premier of Nova Scotia, A.S. MacMillan "We are here honorable chairman and gentlemen, I take it to make it possible at some near future date to formulate for Canadians a series of decisions which will give them security in old age and the right to enjoy, according to their needs, the abundance of food and clothing and the comforts of adequate and sanitary shelter which the limitless resources of this great Dominion can provide." "We are here, I assert to establish a heritage of EDUCATION for those who wish to learn; of HEALTH for those who suffer pain or disease; of SECURITY and DELIVERANCE FROM DEBT for those who have builded homes in their prime of life and who may face eviction and the loss of their sacred firesides when the lean years descend." "We are here, I believe to draft a scheme of things for the CANADA OF THE FUTURE, a scheme of things which will bring to Canada a standard of JUSTICE which shall place HUMAN VALUES ABOVE DOLLAR VALUES." "The statement that the acceptance of these proposals is an evidence of good faith and loyalty in this titanic struggle against the forces of TOTALITARIANISM is in my estimation so evidently misleading and far-fetched that it should be looked upon as DANGEROUS, DECEPTIVE AND DIABOLICAL PROPAGANDA. Both these proposals involve a centralization of power in direct opposition to the PRINCIPLES OF DEMOCRACY, for which we are fighting today and the British traditions which we cherish." "Never in the history of Canada has the need for complete national unity of purpose and of effort been more essential than it is at this time; I urge with all the sincerity of my soul, that we do nothing which will an any way jeopardize that essential unity." "IF IT IS NECESSARY, IN ORDER TO PAY THE INTEREST ON BONDS, TO DEPRIVE SCHOOL CHILDREN OF EDUCATION AND PEOPLE OF HEALTH, YOU CAN COUNT ME OUT." "It is hardly the kind of thing that responsible-minded leaders of democratic thought would allow themselves to be stampeded into doing."

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"How will the adoption of these recommendations benefit the individual citizen? When they found out that the full burden of existing debts would still be upon them in no less degree, and that any control they have over these debts would be one step further removed from them; when they discovered that their taxes would be just as great or perhaps greater and that, with the reduction of provincial taxation powers, the only ones that could possibly benefit would be the LARGE CORPORATIONS and THE FINANCIAL INSTITUTIONS; when it became known to them that the standard of SOCIAL SERVICES WOULD BE VIRTUALLY REMOVED from the full autonomy of the provinces and placed largely under control of a semi-independent financial commission, many of our hard thinking and realistic minded citizens demanded to know in their vernacular, ‘what is all this row about at a time like this?' and ‘who is responsible for it?'" "AND THE WHISPER HAS GONE AROUND, ‘IT IS THE MONEY POWERS.'" " I maintain that it would be most unfortunate if the idea gains popular credence that there is a concerted and deliberate attempt being made by the MONEY POWERS to increase CENTRALIZED CONTROL of our national life while our attention is fully occupied with the prosecution of our war effort, and that thereby there is developing an endeavor to obtain an unfair advantage over the people by means of imposing upon them a CRUSHING DEBT STRUCTURE under which they will be further ENSLAVED." "Surely it must be evident to any loyal British subject that to sit calmly and indifferently by while we are being hoodwinked and inveigled into FINANCIAL DICTATORSHIP or FASCIST STATE, at a time when we are giving the best of our manhood to the empire and are sacrificing our all to overcome that foul thing which has raised its head in the world in many guises; - A TOTALITARIAN ORDER OF CENTRALIZED CONTROL AND REGIMENTATION-IS NOT ONLY RIDICULOUS BUT DANGEROUSLY CRIMINAL. Words almost fail me to convey to you the warning which must be voiced before it is too late." "Do not let us shut our eyes to those matters for we have been warned, EVIL is abroad in the world and we are fighting EVIL THINGS." "I repeat that the dominating difficulty out of which ALL OUR PROBLEMS ARISE is mainly economic, and not political, and the focus of that economic problem is financial. If we become sidetracked, down political or constitutional bypaths that have no ending WE SHALL LAND IN A WILDERNESS OF FAILURE." "In conclusion may I say that we in Alberta stand ready to allow our province to become the experimental ground to demonstrate scientifically the rich and glorious possibilities for living in contentment and security based on the principles of DEMOCRACY, not only in the political but economic sphere as well."

- Premier of Alberta, William Aberhart "As my friend from Alberta said, the SOCIAL SERVICES OF CANADA IN THE FUTURE MUST BE KEPT IN MIND. But we are doing something from which we may not be able to retrace our steps, and we shall be left in the hands of a BUREAUCRACY to be established in Ottawa, a bureaucracy which is criticized from one end of the country to the other. I myself will not SELL MY PROVINCE DOWN THE RIVER FOR ALL TIME TO COME, AND ALLOW OUR SOCIAL SERVICES TO REMAIN A VICTIM OF THE DICTATORIAL METHODS OF A BUREAUCRACY TO BE SET UP IN OTTAWA."

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"We leave it to the rest of the members to continue their efforts to do what we are bound to say would result in WRECKING CONFEDERATION, as we understand it, and in DESTROYING PROVINCIAL AUTONOMY RIGHTS." "If the Prime Minister insists that everything has to be predicated upon the principles of a report to which we object, then there is no alternative open to my colleagues and myself but to withdraw and leave these WRECKERS OF CONFEDERATION under the guise of patriotism, to continue to carry on their NEFARIOUS WORK."

- Province of Ontario, Honorable Mr. McQuesten "Where are you going to get the money? I am asking this statement to the dominion government for the province of British Columbia. If the dominion government had not ENTERED OUR FIELD OF TAXATION, BRITISH COLUMBIA WOULD NEVER HAVE HAD TO BORROW ONE DOLLAR. British Columbia entered the income tax field in 1876. The dominion government did not enter this field until 1918, when Sir Thomas White, then Minister of Finance, stood on the floor of this chamber and said that he regretted very much the necessity of taking such action. He said it was intended as a TEMPORARY MEASURE. I am sure that Sir Thomas White will not mind my saying that when I was talking to him on one occasion he told me he was afraid it would be a FEDERAL TAX FOR GOOD. Those of us who have been trying to protect provincial rights and trying build up a strong province so that we may have a strong dominion of Canada have actually been accused of being unpatriotic and insolent because we dared to say that the INCOME TAX SHOULD BE MAINTAINED AS A PROVINCIAL TAX." "I DO NOT FEEL WE CAME HERE AS BEGGARS. We should not be tied down in perpetuity; we should not be circumscribed in our future development. We have been asked to come here on this very occasion to change our constitution for no purpose whatever." "AS I SAID YESTERDAY, I WOULD RATHER SEE OUR BOYS AND GIRLS HAVE AN EDUCATION, I WOULD RATHER SEE OUR PEOPLE RAISED IN HEALTH THAN HAVE BONDHOLDERS PAID INTEREST ON THEIR BONDS." "WE ARE THE TRUSTEES OF THE PEOPLE, NOT ONLY FOR OUR OWN DAY AND GENERATION, BUT FOR THE DAYS OF OTHERS, AND FOR GENERATIONS TO COME."

- Premier of British Columbia, T. D. Plattullo

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WE the undersigned petition the Legislative Assembly of Ontario as follows: - We the people of the province of Ontario are entitled to insist that legislation concerning matters

enumerated in section 92 of the Constitution of Canada should come exclusively from the

Ontario legislatures.

We the people of Ontario insist that the legislature of Ontario take back and execute its

Constitutional authority regarding the collection of personal income and all direct taxation

within the Province which includes gas tax and all other forms of direct taxation.

We the people of Ontario insist that these revenues be used by the Ontario Legislature to

discharge its legal duties to pay for the Social Services required by our province as intended by

our founding fathers and the architects of confederation and the Constitution of Canada.

We the people of Ontario insist that the legislature of Ontario ceases its criminal breach and

contempt of the Constitution of Canada and the Supreme Court of Canada.

We the people of Ontario insist that this fraud which has been perpetuated on Ontarians for the

past 100 years be stopped and along with it the Ontario Legislature’s criminal neglect of its legal

and moral responsibilities.

– Thank you.

Name (printed) Address (printed) Signature

2013 2013 petition to the government of ontario

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