January 28, 2013 - Is Tax Court a Fraud?

Is Tax Court a Fraud?

In a recent trial the appellant used as his defence the fact that since Canada is a corporation, he, a human being, cannot reside in a corporation. Only a  “person," i.e. legal entity, can reside in a corporation.

2. (1) An income tax shall be paid, as required by this Act, on the taxable income for each taxation year of every person resident in Canada at any time in the year. (Income Tax Act)

After the Department of Justice lawyer for the respondent finished his closing remarks, brushing off the issue of residency, the Judge asked, “…but what is the definition of Canada?"

The term “Canada" is defined in the Constitution Act 1867 as:

4. Unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act(emphasis mine)

The Department of Justice lawyer for the respondent informed the judge, “You know, I don’t think that is within the purview of this court…”

And you know what, the judge seems to have obeyed the Department of Justice lawyer since he made no mention of it at all in his ruling which favoured the respondent.

The judge in R. v. Campbell, 1994 CanLII 5258 (AB QB) defined the “rule of law,” as found in the Constitution’s Charter of Rights and Freedoms:

The preamble to the Charter reads:
"Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:"

...The rule of law requires that those decisions be made by a court which is independent of any influ­ence or pressure by the executive and legis­lative branches of government. (emphasis mine)

Is not the Tax Court of Canada, if truly governed or compelled by legislature, proving itself to be unconstitutional? Surely theses educated judges are aware of this don’t you think?

To a judge who exceeds his office or jurisdiction no obedience is due.” a maxim of real law.

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