EDMONTON: The Canadian Taxpayers Federation (CTF) today formally responded to the decision in Benoit v. Canada handed down yesterday by the Federal Court in Edmonton. The decision exempts Treaty Eight Indians (covering northern Alberta, and parts of BC and Saskatchewan) from federal taxes on and off reserve. The CTF was an intervener in the case arguing for the equality of all taxpayers.

"We are disappointed in the decision and call on the federal government to immediately appeal the decision," said CTF National Communications Director Troy Lanigan. "It's time for Canadians to sit up and take note of aboriginal policy and the impact of related court decisions in this country."

John Carpay, the CTF's Alberta Director and in-house legal counsel points out that Justice Campbell finds as a fact in paragraph 273 in his decision that no promise of a tax exemption was made. However, because the natives claim that their ancestors "believe" there was a promise, the court ruled in the natives' favour.

States Carpay: "This ruling exemplifies the fact that any native in Canada can walk into federal court and be granted a request on the basis that he heard from his grandfather that some promise was made by the Crown."

Richard Truscott, the CTF's Saskatchewan Director and spokesman on aboriginal issues stated: "Justices in our courts pay little attention to the practical implications of their decisions. We can expect a rush to the courts of other aboriginals claiming a similar exemption. Moreover, a myriad of issues ranging from back payment of taxes, to which taxes are excluded, and application of the exemption will result."

The CTF made clear that it believes the decision affects both natives and non-natives adversely. States Truscott: "It further isolates natives from the economic mainstream and creates ill will between native and non-native Canadians."

Lanigan concluded by stating that the CTF will seek leave to intervene in any appeal and is prepared to participate in the case right up to the Supreme Court of Canada.