Jury says refusal to pay tax not crime
Sonja Puzic and Dave Battagello
Windsor Star
Tuesday, June 27, 2006

A Superior Court jury ruled late Monday that a Windsor optometrist was not guilty of tax evasion when he refused to pay nearly $350,000 in income taxes over five years.

Mr. Charlie Hart of Winnipeg Man., Engineer, Never paid one cent in Federal Income Tax. The Feds took him to court and, using the B&A Act (the recognized Canadian Constitution, the judge found him not guilty. The feds took him to court two more times with the same result. The third time the Judge told the Revenue Canada that if it took Mr Hart before it again, he (the judge) would fine Revenue Canada in contempt of court. Read the B&A act. It is remarkable that Canada is the only Country of stature that does not teach its Constitution to its students.

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There are two specific sections of the B.N.A. Act that deal with the delegation of authority between the Federal and Provincial Governments. Sections 91 and 92 deal with authority for various types of taxation, who has authority to levy which taxes, and various other areas of jurisdiction.

The Act is very specific in its direction. The right to tax income, known as “direct” tax, was delegated to the provinces; and it was clearly indicated that any monies so raised must be raised provincially, and used for provincial purposes. The Federal Government was denied the right to levy income tax.

But the Supreme Court of Canada goes further. It states that no level or government is allowed to transfer its authority to another level of government, and if transfer were attempted by one level, it could not legally be accepted by another.

Jury says refusal to pay tax not crime
Sonja Puzic and Dave Battagello
Windsor Star
Tuesday, June 27, 2006

A Superior Court jury ruled late Monday that a Windsor optometrist was not guilty of tax evasion when he refused to pay nearly $350,000 in income taxes over five years.

Dr. Jack Klundert hugged his lawyer, Doug Christie of British Columbia, and wiped tears from his face and glasses after the jury was discharged. He smiled faintly at his wife, who sat in the courtroom and took notes.

Superior Court Justice Joseph Quinn thanked the jury for tackling “the complex issue.

“These decisions are not easy to make,” he said.

SECOND TRIAL

Klundert, 53, was standing a second trial for tax evasion under the Income Tax Act. He failed to pay $348,231 in taxes on income estimated at $1.5 million between 1993 and 1998.

Klundert was found guilty of making a false statement on a tax return in 2002 and fined $80,000.

He was also ordered to enrol in a constitutional law course as part of his two-year probation.

But the Court of Appeal found fault with Superior Court of Justice Steve Rogin’s instructions to the jury and Klundert took his protest against Revenue Canada to court again.

He told the jury he wrote zero income on his tax forms because he believed the federal government had no constitutional right to pursue him. He said disclosing his earnings to the government would be like “sitting down with thieves” and telling them where his valuables are kept.

The media likes to spin this story to make it look like he is avoiding paying taxes. The real truth is that he is trying to prove that the Federal government has been taking power away from the provinces for the past 90 years and by refusing to pay income tax to the Federal government, they won’t be allowed to hoggle all the money that the Provinces should be getting directly.

Giving power back to the Provinces would be a major step for democracy because this political paradigm works best when it is decentralized and closest to the hands of the electorate.

Written by EconoChristian.com with other sources.

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