Supreme Court of Canada will not hear Benoit v. Canada tax appeal

CALGARY: The Canadian Taxpayers Federation (CTF) today responded to the Supreme Court of Canada's decision to not hear the Benoit v. Canada tax appeal.

Gordon Benoit, a Treaty 8 Indian, commenced a court action in 1992 claiming that Treaty 8 Indians (who occupy a large geographic area in Alberta, British Columbia, Saskatchewan, and the North West Territories) were given an oral pledge in 1899 that they and their descendants would be exempt from paying tax.

In March of 2002, the Federal Trial Court ruled in Mr. Benoit's favour, declaring that descendants of the Treaty 8 Indians do not have to pay any tax at any time for any reason. In June of 2003, the Federal Court of Appeal reversed the trial Judgement, dismissing Mr. Benoit's claim. The Supreme Court of Canada's decision today to not hear the appeal means the Federal Court of Appeal judgement will stand.

The Canadian Taxpayers Federation intervened at trial and again on appeal to argue for the equality of all Canadian taxpayers, regardless of race or ancestry.

"As interveners in Benoit v. Canada, we applaud the Supreme Court of Canada for not hearing the appeal," stated Tanis Fiss, CTF Director, Centre for Aboriginal Policy Change. "This is a great victory for all taxpayers, knowing that they will be treated equally regardless of race or ancestry. Our federal and provincial legislatures can create legitimate tax exemptions to fight poverty, but tax exemptions should never be based on race or ancestry."

"This case had huge national implications," continued Fiss. "Indian leaders in Saskatchewan were pushing for all 100,000 people of aboriginal descent in the province to be completely tax-free. They were arguing that if the ancestors from one treaty were promised a total tax exemption, the signatories of all treaties must get the same treatment. Obviously this would have created a tax system based on race, not income."