Restitution
front page

What's new?

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

Season's greetings to the RDG ....

Earlier this month the Supreme Court of Canada released Confédération des syndicats nationaux v. Attorney General of Canada.

The case involved the collection of premiums by the federal government for unemployment insurance. In three fiscal years, the power to set the premiums was delegated by legislation to the G-G in Council. The Court held that this delegating legislation was inadequate inasmuch as it did not state explicitly that Parliament was delegating its taxing authority. The result was that all the money collected during those three years (no doubt some billions of dollars ... every Canadian with income pays into the system) was a form of taxation without Parliamentary authority. The effect of the judgment was, however, suspended for one year, on the ground that the case involved "the improper exercise of a power conferred on Parliament". In what is becoming a Canadian tradition, we can expect retroactive legislation soon ...

Best wishes to all RDG members for 2009!

Lionel