Take note, taxpayers. Democracy is trying to take hold in one Saskatchewan town but (surprise, surprise) some lawyers and politicians are doing all they can to stop it.

While all across our province people are organizing tax revolts, the frustrated taxpayers of Kindersley are trying to do things by the book. They have petitioned the Town Council to hold a referendum on a tax control by-law that would require any increase in property taxes, local utility rates or service fees be put to a popular vote. But instead of respecting the petition or addressing the underlying concerns, the debate is circling around the opinion of the town solicitor, who thinks that a democratic leash on town taxes is probably illegal.

Rising property and school taxes are an issue in Kindersley (as elsewhere), and taxpayers also have a long list of beefs with how Council manages the town. These concerns might be addressed by better communication between Council and the community. But instead of opening up, Council clammed-up and raised taxes.

In 1999 the property tax mill rate went up after an in-camera (i.e. "secret") debate. Public input was also limited. According to local tax control petitioner Bob McTaggart, "How can anyone have any meaningful input to a budget, that takes two months to prepare, in a three hour meeting where you have no background information whatsoever "

McTaggart reports that "the straw that really broke the camel's back was when Town Council requested a physical re-inspection of all properties in Kindersley. After a tax increase due to reassessment 2 years ago, then a mill rate increase this year, next year we will have people knocking at our doors asking to go through our houses looking for improvements to tax."

Kindersley's petitioners are making use of the Urban Municipalities Act, which gives electors a "citizens initiative" process to petition their Councils, force referendums, and thereby implement by-laws. The petition is perfectly in order, but the town's lawyer thinks that a by-law requiring Council to ask the voters for permission to raise taxes is outside of the town's jurisdiction (i.e. illegal). Council plans to seek a judicial opinion, but even if the proposed by-law is "illegal", the solution is not to ignore the petition but to change the law.

After all, whose town is it anyway

While Kindersley struggles with the fine print of the Urban Municipalities Act, hard pressed farmers and rural people have no recourse but civil disobedience, because the Rural Municipalities Act has no petition mechanism whatsoever. The Canadian Taxpayers Federation has launched a province-wide petition calling on the government to change this, and give rural residents a lawful and democratic outlet for their tax protest. If citizen initiative mechanisms were available, rural residents who are now considering a tax revolt could put their energy into legally petitioning for local and province-wide referendums on taxes.

But if the province is unwilling to give the people some property or school tax relief, or a legitimate outlet for their tax protest, they must bear the responsibility if there is a full blown tax revolt.