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Race and Taxes

Author: Mitch Gray 1999/10/07
Is Canada on the brink of a racial war Or has it already started

The violence spilling out of Atlantic Canada over the Supreme Court's ruling to allow natives to fish out of season is just the latest incident pointing to a growing racial conflict.

On the other side of the country in British Columbia, the Westbank Indian Band has been cutting timber on crown land despite a stop-work order issued by the province. Just in case there was any confusion about their position, the Band ran a full-page advertisement in the Vancouver Sun stating that "from now on, any forestry operations on our Aboriginal title lands will require written permission from the member nation." Indian leaders say their decree is backed up by a 50-man militia.

The Supreme Court's predilection for race-based laws and the zeal of some Indian bands in ignoring existing legislation is creating pure anarchy. And it's not getting any better.

The latest salvo to be fired from the Indian decks at H.M.S. Canada concerns taxation. There are approximately one hundred cases involving Indian taxation before the courts. The aboriginal plaintiffs in these cases generally claim that they should be exempt from taxation in one form or another due, either directly or indirectly, to their racial background.

In the most recent of these cases, Shilling v. the Queen, the federal court declared that Indians living and working off reserves are exempt from paying income tax so long as they are employed by an agency located on a reserve.

Now comes the Benoit case. Currently before the Federal Court, Benoit wants to take the taxation question a step further and have all Treaty 8 Indians declared tax exempt, period. That means that no Treaty 8 Indian would pay any type of tax at any time, now or in the future, anywhere in Canada. The Treaty 8 Indians (who occupy a large geographic area encompassing Alberta, British Columbia, Saskatchewan, and the North West Territories) argue that they were given a verbal pledge in 1899 that all Indians under the treaty and their descendants are exempt from paying any tax, whatever form that might take. The federal government disagrees with the Treaty 8 plaintiffs and is fighting the claim in court. The Alberta government has also joined in the case.

The Treaty 8 case is bound to have far reaching consequences. Should the plaintiffs succeed other Treaty and non-Treaty Indians will attempt to use the Treaty 8 case as a precedent. It is possible that total exemption of Indians from taxation could extend throughout Canada.

Some people might say, "What's so wrong with that Our native population deserves compensation for the way they've been treated." Well, perhaps compensation is in order, but not through the tax system. No rational group of human beings anywhere in the world would set up a raced-based tax system. It can only lead to fear, loathing, violence, and a total breakdown of law and order.

That is why the Canadian Taxpayers Federation has sought to intervene in the Benoit case. We want to ensure that all Canadians are treated equally under Canada's tax system. The law must be applied consistently without discrimination based on race, as the Charter of Rights and Freedoms so eloquently states. Anything less would be uncivilized.

A Note for our Readers:

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Franco Terrazzano
Federal Director at
Canadian Taxpayers
Federation

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