The HST Twirl: Prepare for a Campbell (Legal) Dance-A-Thon…But Where’s the Legal Opinion?
There are no words to describe how well below contempt The Premier of this province remains.
The merry band of business leaders that placed their legal challenge at the eleventh hour are nothing more than the agents of Gordon Campbell, simply doing his bidding. Colin Hansen, once again, only makes matters worse for himself by adding to the excuses. Even Quilchena won’t be a safe constituency if this keeps up.
But what gets me, more so than anything else in this latest series of wrinkles (to subvert the will of the people–over 700,000 British Columbians–including me!), is that the Chief Electoral Officer of this province, a man whose salary YOUR TAX BUCK pays for, is getting away with murder, so to speak… He refused to send the VanderZalm motion to the appropriate committee, fine. Lovely. He said this was based on a legal opinion he’d received. Fine, lovely again.
So where are the Victoria press bureau with the following question(s):
Sir, where is your legal opinion? May we please have a copy? Certainly the public interest trumps whatever solicitor/client privilege you claim–after all, aren’t the people of the province the ultimate clients? You are simply an instrument of the people and the people have spoken. Let’s see the legal opinion, Sir?
And yet, not a single question like that. Not one.
Below find the latest HST mailer. I include it to provide you some hints on where this whole thing is headed and why it could all get stalled in legal limbo.
The only way to make things happen now is recall–and that’s a major proposition, considering the tough standards that must be met in each constituency.
But who really cares? The Premier of this province sure as hell doesn’t.
Remember that when the recall comes through your constituency.
From: subscribers@fighthst.ca [mailto:subscribers@fighthst.ca]
Sent: Friday, August 13, 2010 5:48 PM
To: Alexander G. Tsakumis
Subject: To all the Fight HST RO’s, captains, canvassers and supporters…
Hello Alexander,
CONGRATULATIONS –we did it! We made history with the first ever successful Citizen’s Initiative petition in the history of Canada! What an achievement! What an exercise in democracy! What a demonstration of your love and dedication to British Columbia and our way of life!
Thank you one and all! And a special thank you to Patti Stockton and her team of observers for keeping a watchful eye on Elections BC to keep them honest throughout the process. (In light of recent events the importance of their work has become even more evident!)
This is a monumental success, and one the government cannot ignore!
As many of you know, the CEO of Elections BC has chosen to run blocker for the government. Of course, that is not a sign of strength – it is a sign of weakness and fear. They know they are going to be thrown from office in the next election – and maybe sooner with Recalls starting in November.
But we had a surprise for them today.
We have submitted the petition and draft Bill to the Standing Committee on Legislative Initiatives ourselves! There is no law preventing that, and since the CEO will not do his job, we did it for him! Only time will tell what will happen now, but we know at least four members of that committee are willing to accept the petition from us.
Next week we will begin the legal hearings.
After that, we will begin strategizing for Recall.
No MLA is immune now that the government, through its conduits at Elections BC, has jumped off the cliff of political sanity into the pit of dictatorship and banana-republic style government.
Every decision makes things worse for the government, and better for us.
But we must fight, and fight hard. I don’t have to tell most of you that this has become much more than defeating a terrible tax. It is about the survival of our democratic freedoms and institutions.
We will not give up until this hated sales tax is removed from our province once and for all!
Thank you for your tremendous efforts to make the democratic process such a success in BC.
Together we will win!
Bill Vander Zalm
Leader, Fight HST
Chris Delaney
Lead Organizer, Fight HST
other than adding ill be a consumer boycotting business taht i can confirm support this legal fight I really cant add anything your article nailed it and the Fight HST email added says all we need dont let up its high time we get a government who work for us as taxpayers not us as usable consumer goods to be pillaged by rich freinds.
You and a crew of bloggers have done what MSM should have tell it like it is and inform the public , thanks Alex always appreciated keep up the good works.
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My pleasure. Thx to you for commenting.
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While Gordon Campbell’s reputation may have tanked as Premier, ironically he may be remembered as Vancouver’s last effective Mayor. During the two terms from 1986 -1990 he achieved the redevelopment of Coal Harbor by Marathon (adding 5 million square feet) of residential, plus the enormous development on the North Side of False Creek by Concorde. Successive architects and bureaucrats have taken credit for “Vancouverism” but it was these massive developments (plus Granville Island and the South Side of False Creek ten years earlier) that made it happen. The design of both the Concorde and Marathon sites was firmly guided by and controlled by Council on the advice of some very capable engineers and planners. He also successfully obtained approval for the new Library site. Campbell made some mistakes during this time but few of them will be remembered.
The quality of civic administration has collapsed since those days and we have arrived at the lowest point in our history under Mayor Moonbeam – although it can be argued than Sullivan’s one term was even worse. We have seen the recrudescence of the sort of planning that resulted in the NPA’s demise in the early 70s by the current planner brought in by the NPA.
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Dear Readers–this is a SUPERB analysis by former Alderman and Mayoral candidate Jonathan Baker. A privilege to have someone like this visiting us, he puts into perspective what I have said countless times: That Gordon Campbell was our best Mayor (of the modern era) and was highly effective. But a funny thing happened on the way to Victoria…..
Although, as someone who has been very closely observing the 20 years of civic govt, Gregor Robertson’s tenure is much worse than Sam’s. At least Sam didn’t do much. What Gregor has done, is harmful and devastating to neighbourhoods, businesses and citizens in general.
Thx for stopping by Jonathan. Pls come again anytime. I trust you and your family are well.
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Alex, You’re wondering about the tough questions from the MSM ? Here’s an example of what some people are reading TODAY. A headline in the Times Colonist
” Vander Zalm all wet on latest HST rant
By Les Leyne, Times Colonist”
With commentators like this, the government doesn’t need a multi-million dollar public affairs bureau. It would be cheaper just to send weekly cheques to the likes of Les, Bill Good, Christy etc.
We have a terrible situation going on in this Province, with a Premier that finds it necessary to spend my tax dollar in California to stick his nose in their business ( while protecting his private hydro friends ). Or what about a flight up north to open a refurbished mill that was announced months ago ( photo op ). From destroying BC Hydro ( probably a bigger fiasco than HST ) to forcing a billion dollar bridge on the taxpayers ( what about P3′s ), Mr. Campbell will go down in history as the Premier who destroyed the best place on earth. I’m sorry Alex, BUT what the Liberals have cost this province far out numbers anything the NDP ever did ( including the Fast Ferries ).
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You may very well be right my friend. You may very well be right. When I look at the future figures for ‘Rape of River’ operations alone, I must tell you, it’s frightening. It amounts to several billions–that’s about a dozen fast cat fiascos…
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I’ll be the first guy cheering when Gord is gone and the sooner the better as well but that does not excuse this childish low level crap coming from the ‘Zalm and Delaney dog and pony show attacking Elections B.C. and frankly Alex I am surprised you would stoop so low as well.
Grow up and act your age on this one. Spolied school children upset because the referee didn’t make the call they way they wanted it. Boo Hoo. I cry for you.
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Rock:
The CEO is NOT the referee. He has a responsibility to the legislature. WE ARE THE PEOPLE, and the legislature is the people’s house. He has an obligation to fully explain himself. Your tax dollar is worth more than a one line, “No, I’m not doing that”, no?
With all due respect…
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If Ian Mulgrew is to be believed in today’s Vancouver Sun, the HST will be declared constitutional. According to Mulgrew, government lawyer Copley mounted a more analytical defence than anti-HST attorney Arvay. Still, why did other provinces actually pass enabling bills in their legislatures?
We’ll the business groups turns out in their separate quest to toss the anti-HST petition. Smooth move by former A-G (and Gordo roommate) Geoff Plant to write a Sun op-ed flaying the legality of the petition and then, days later, get hired by Big Business to be their lawyer in overturning it. Great work if you can get it.
Hope I’m wrong, but fear Justice Bauman will void the petition as the judiciary doesn’t like the rabble upsetting the current system where courts reign supreme. But to do that, he’ll have to excuse Gordo for not holding a vote.
The Campbellites will smirk and dance jigs. But longer term this should ensure that a dozen or so recall campaigns will get underway after November.
Will the captains of industry simply launch legal proceedings next year to quash recall legislation? Stay tuned, folks.
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Okay…
1) If the business group prevails, the recall campaign’s chance of success just went up by 30%–a significant margin.
2) Anyone who thinks a lawyer’s performance in court is the determining factor in the end result, is not only ill-equipped to comment but needs his head examined. In this case, it’s Mulgrew, who understandably advocates for marijuana legalization–no correlation of course…just sayin’
3) Geoff Plant is one of the most perplexing individuals in the history of B.C. politics. For someone that roomed with Gordon, he sure likes to play the innocence card often enough. There is nothing illegal about the petition and Geoff took a very narrow view in his Op-Ed piece which my parakeet thoroughly enjoyed…
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If the legal challenge to prevent teh anti HST petition succeeds i cant imagine the backlash teh govt and the businesses who did this may see , the public is past angry the recall process will now go full steam and if they attempt to derail that it would be an attempt to totally subvert democracy the results may be something unseen in Canada in its history, when people can make such a strong statement and corporate wishes send it to pasture we no longer live in a free democtratic place it is truly time we begin to worry .
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Of course. But where is the media outrage? Where is the MSM? They have basically slept through this. I often wonder if B.C. politics has been so very corrupt for so very long that we’ve become immune.
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Yes alex we have an MSM who are on political level as corrupt as the government itself , when Glen Clarks deck has Gordie Campbell in the alley on TV but the IPPs to ruin rivers or ramming through a pipeline can be done with no questions or reports then stifleing of 700,000 signatures calling for action occurs and again its glossy paged by a PAB hack something is very very wrong and they spin it so campbell looks good , people have had it im not sure how much more thay can push before some real reportable issues appear , look at BC Rail they have politics in courts own MSM and teh public is getting angry it is a recipe for disaster .
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How much more damage can this province withstand? I read Rafe Mair, on the Common Sense Canadian blog. Seems, Hansen has plans for, 700 BC rivers. Does anyone know if, the Enbridge pipeline is on? And, the dirty oil tankers, from China. Campbell, made a vendetta, on the First Nations People. They opposed the pipeline and the tankers. Campbell, then announced, he would not, give the F.N. People, a break on the HST. I thought I had read somewhere, Campbell, is doing this anyway. Campbell, is dying to drill off shore, gas and oil wells. There are objections, because, there was a, 6.6 earthquake, around the Queen Charlotte’s. The fear about drilling off the coast of BC, and earthquakes, is not sitting too well with some folks.
Does, anyone know anything about this? It just seems, if we don’t watch our backs around Campbell, we will get a knife in it.
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Alex this topic is becoming vitriolic and the rumour spreaders are at work again.
Consider this folks. Suppose for a moment the HST (enactment – using the term loosely) is struck down by the courts. Then, what are we faced with? Back to GST (the Feds can do that) but presumably Victoria would have to introduce a new PST Act. The previous one has been extinguished. Would the same 700,000 petitioners be angry at that? After all it represents a 7% tax increase. Or, would they accept it as it restores the previous status quo? Think of it! No PST – Campbell provides a 7% tax cut!
If we are prepared to go back to the previous system, then we accept that a 12% tqx on some items is acceptable and that 5% on other items is also acceptable.
My complaint is with the way the Libs brought in the HST and I know that many others are angry about this too, but the overriding concern on blogs seems to be the whole notion of HST. I hear very few “friends-on-the-street” complaining about any tax increase. What does concern me is the number of so-called tuned-in people who seem to have been convinced that the HST actually represents a 12% across the board increase in the cost of goods and services with no recognition that on many goods the tax “markup” has not changed.
Zalm’s Last Slam seems to have done a great job in convincing people that their cost of living has increased by 12%.
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I’ll give you a classic example of why it’s a problem. And I heard it all summer long.
If you and I go and have a couple of beers, the cost is lower. But if you and I go out to a bar and order lunch, it’s more expensive.
In the Okanagan, every single resort is down by half. Wineries are loaded with “special sales’ and restaurants are DEAD. Similarly in Vancouver, restaurants have taken a MASSIVE hit. As have many retailers as has the housing market (which needed a correction anyway).
Call me and maybe we’ll have that beer, just so it fits my budget….
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I’m just a simple guy but when you say every single resort, wineries and restaurants are either down or dead the first question that comes to mind is compared to what?
The lack of tourism support in the Okanagan and doubtless other places could be due to other market forces. Two or three come to mind; US tourists staying at home for economic reasons; BC residents having been sold a BILL of Goods that everything has increased by 12% driving us all to the poorhouse; maybe BC residents heading south because of our stronger dollar (stronger than 2009); and, Albertans staying at home. My guess is that Albertans form a significant part of the Okanagan economy. That’s why all the upscale resort condos were built in both the Kootenays and Okanagan. The crash came in Alberta and the residents stayed home. Bear Mtn in Victoria has experienced the same thing. So maybe, the lack of a market in the Okanagan is due to their being too much product (meaning also restaurants, wineries as well as real estate) around.
I noted that restaurant operators complained that tourists would stay away from BC once they heard that meals would be taxed further. Maybe I’m different, but I have never selected a vacation spot on the basis of what taxes might be charged in a restaurant. I’ve not heard any acquaintances suggesting they would use such criteria either. I found that line a hard one on which to chew, although I did gag on it more than once.
Don’t get me wrong. I’m neither wealthy nor an advocate for our current provincial leadership. I do feel that there is a lot of mistruth around about the HST and it becomes very easy to blame all of our ills on someone else.
Thanks for the beer offer. I’m glad to hear that you can still fit into your budget!
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You’re too funny.
No, the issues in the Okanagan are most certainly the costs. The HST play significantly into that. It makes a big difference on people’s budgets, believe me. They are VERY pissed off over there. Also, Albertans still came around. We see good friends that come over every year, and it hasn’t affected them that much. The economy in general might be a factor, but to see a half empty Okanagan and to listen to the wails of angst from long-standing Liberals was overwhelming.
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I just tried to find some Jack Crone / Kash Heed articles to post in a G.S. recall news piece – and 3 that I tried have been deleted! (Is that even legal?)
Regardless of how the recall turns out and how the next election plays out our MSM media is the real problem. This HST trial was not even on the 6pm news (CBC)!
Inevitably the next incoming government will be blamed by the MSM for all the debt and destruction Gordon has wrecked.
Frankly I see this as the biggest problem our province faces. Most people watch the MSM; a handful at best (in the whole scheme of things) seek out journalists on blogs. The majority is simply spoon fed news that is inaccurate, ignores the issues, and demonizes anything that doesn’t lock step with Gordon.
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I will have a post on this soon. I think Global and CBC are improving. NW’s newsroom is first rate. And I quite like what’s coming out on many blogs (I list many on my blog roll). If you read here, Oberfeld, Public Eye and City Caucus on a daily basis, you could visit the others every other day and miss little. But I’ll be posting my view of many local blogs soon.
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Thanks. Good looking blogs – I’ve got them bookmarked. Do you have a link for NW’s newsroom?
I was just speaking to a financial adviser today and I learned something new. March 9 2009 – the bottom of Canadian confidence in our big 5 banks. Prices dropped to around $25 (!!!) per share (from approx. $65, wish I bought).
But again – my point is and my complaint is – it went largely unreported. My adviser explained that you need to literally watch the stock market numbers to have some idea of what is really going on – but sheesh one would think it would have been headline news.
If anyone follows a good market blog please pass it on.
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You mean you wanted to short them? Pretty dangerous game. I shorted a company called Red Hat years ago and made a small fortune. Oh, but there were others….that weren’t such winners! LOL!
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…cknw, sheesh, please edit my post.
There is (in my defense) a blog called “NW Newsroom” that needs some kind of login and it sounded like a promising site from the google description but I couldn’t access it:
NW Newsroom
The NW Financial Newsroom . Headlines. November 2007 Hoboken Municipal Hospital Authority Transaction awarded Northeast Region “Deal of the Year” by Bond Buyer …read about …
http://www.nwfinancial.com/newsroom/newsroom.html
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NW newsroom my friend, is loaded with talent and great reporters. Do not confuse them with the Bill Good Show…
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Thanks for taking the time to post and respond.
The only NW Newsroom I can find is the link I posted above. Is that the NW newsroom you’re describing?
If not would you be willing to post a link?
If that is the correct site could you give me clue as to how I might get access?
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Go to CKNW Radio and add yourself to their news alerts. Simple stuff. And you’ll get news faster than any other source. They are well equipped this way.
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The stance that Craig James has taken is apalling. In my opinion, his temporary upgrade in employment went to his head. He should have just made a public statement and passed the initiative onto the legislative committee to deal with it in whichever way they see fit. Heaven the BC LIberal Party is well versed with the saying “no comment, it’s before the courts”.
However, I’m even more dismayed with how the MSM has handled the whole situation. They were made aware about what actions Craig James would be taking, and all they seemed to do is accept it as a done deal. I watch the evening and late night news every day, and I don’t recall seeing any reporter camped out at the Elections BC building waiting for Mr. James to emerge so that he could at least be asked such pertinent questions as to who gave him his legal opinions. Nope, nada.
As a matter of fact, the days of the scrum have pretty much gone by the wayside as well. The PAB babysitters seem to allow a minister to answer one or two questions and then its off to the silo, while the reporters just walk away with their tails between there legs. No one throws out a hail Mary question as the subject saunters off. Sometimes it is the unanswered questions that are the most telling.
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My very dear friend, the question you suggest is hardly a ‘Hail Mary’. No, it’s rapier like strike to the heart of the matter. Where’s the legal opinion? I had lunch today with one of B.C. finest legal minds. He concurred. Where was the media in asking the key question: Where is the legal opinion Mr. James? The taxpayers are the ‘client’ not YOU.
Pithy comment. Most enjoyable.
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