It was in 1991 that our Saskatchewan legislator and former
prosecutor Serge Kujawa synthesized yesterday's understanding of the
Rule of Law and governments in these terms
"It doesn't matter if Milgaard is innocent... The whole
judicial system is at issue, it is worth more than one person."
Therefore, the Rule of Law and governments were above the
understanding of whatever is right and wrong for protecting our
innocent individuals and sustaining a civil society. And today, the
situation has not changed. In fact, in a class-action lawsuit named
'Project Loophole' against a Revenue Canada's ruling which allowed a
prominent Canadian family to transfer $2-billion in assets to the
United States without paying capital gains taxes in Canada, the
government has stated that "In the absence of a statutory provision
providing for a right of appeal or review, this court has no role to
question whether the Minister's ruling was right or wrong nor to
decide whether or not it was reasonable... accuracy or correctness
of the Minister's determination is outside the court's jurisdiction
and it must not interfere with it in any way." The fact that a
prominent Canadian family could have dodged some $700-million in
taxes is not a concern of the government and it is not a concern of
our citizens. But unconventional Justice Elizabeth Heneghan didn't
buy the government's arguments and the class-action lawsuit against
the government will proceed this September.
Our governments have no clue of the meaning of a justice system
and they have been using the Rule of Law to kill democracies and
suffocate our individual voices. And again lawyer Tony Merchant
comes to mind as he has been receiving abuses from the government,
judges and our provincial law society as he has been fighting for
justice against the government.
Tony Merchant challenged Revenue Canada's assessment of his taxes
in the courts and he eventually had a significant reduction of taxes
from an assessment of $200,000 to about $33,000. However, Merchant
was told to be responsible for court costs and in this regard
Justice Gilles Letourneau stated "His (Merchant's) conduct was
outrageous and properly justified an award of costs." And Merchant
retorted "More people would be successful if they pressed the system
and would be saving taxes that ought not to be exacted by the tax
department."
Earlier in 1998, Justice Donald Bowman described Merchant as a
"rainmaker, a person who brought the firm a large number of clients
and contributed significantly to the prosperity of the law firms in
which he was a partner." Justice Bowman was referring to Merchant's
successful work to take the government to court for their
responsibilities in the physical and sexual abuse of thousands and
thousands of native residential school children. And instead to
praise Merchant's legal work on behalf of native people, the
Saskatchewan Law Society has charged Merchant of conduct unbecoming
a lawyer.
We live in an absurd society where we have to watch out from the
same people who are supposed to help us out: governments, many
judges and many lawyers.
References
Project Loophole Contact Information. George Harris versus the
government of Canada, http://www.icenter.net/~bponcele/
Trust faces $700M tax bill. Case ordered to trial: Assets belong
to billionaire Bronfmans: reports. Theresa Tedesco, Chief Business
Correspondent, Financial Post, July 9, 2001 http://www.nationalpost.com/home/story.html?f=/stories/20010709/613514.html
Tony Merchant: Justice before money, Articles on Tony Merchant
and his work for justice http://www.injusticebusters.com/index.htm/Merchant.htm
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