I Have Questioned Whether the EcoTaxes Are Unconstitutional
Over the last few days, I have been quoted in the media discussing Ontario's other July 1, 2010 tax reform, being the ecotaxes stated by the McGuinty Government to have been imposed by stewards under the Waste Diversion Act, 2002. I have questioned whether the ecotaxes as implemented are unconstitutional and inconsistent with the provisions of the Waste Diversion Act, 2002 and the regulations thereto.
The two articles are:
1) Eco fee sham, Toronto Sun, by Antonella Artuso
2) Eco fee comes under fire, Toronto Sun, by Antonella Artuso
In addition, I appeared on the John Oakley radio show, CFRA Ottawa and the Motts Radio Show.
I will continue to question the ecotaxes and strongly believe that the surprise ecotaxes raise serious questions. Taxation by government should be transparent and the government must be accountable to the people being taxed. Government leaders should be honest with the electorate. Government leaders should show the electorate respect and not act as if "ignorant masses are compliant masses". This is not appropriate behaviour in a democratic society. If we do not answer the questions about the legality of the ecotaxes, secret taxation will continue and become more prevalent as governments find new and innovative ways to raise revenues in order to maintain uncontrolled levels of spending.
Cyndee Todgham Cherniak is counsel to and in affiliation with the International Trade Law and the Tax Law (Commodity Tax
"If we do not answer the questions about the legality of the ecotaxes, secret taxation will continue and become more prevalent as governments find new and innovative ways to raise revenues in order to maintain uncontrolled levels of spending."
It would appear that this is already in the works.
McGuinty government urges new fees
http://www.torontosun.com/news/torontoandgta/2010/07/16/14742026.html
"Ministries were also told the public should be charged a “premium” for using electronic kiosks instead of traditional over-the-counter service, even though it would appear to reduce the need for costly staff."