The Opposition Tories may look to the courts to block the Selinger government’s proposed one-percent increase to the PST.
The New Democrats plan to increase the provincial sales tax from seven to eight percent, side-stepping a law requiring a referendum.
“Certainly not a straight forward slam dunk of a challenge,” said University of Manitoba Law Professor Dr. Bryan Schwartz.
The Balanced Budget Act prohibits raising the tax without a referendum. It prohibits even tabling legislation to raise the sales tax and other taxes, which is exactly what the Selinger government did Wednesday. The NDP amendment waives the requirement for a referendum but that has to be passed by the Legislature before it takes effect.
But Schwartz says it’s a tough case to prove in court
“Today’s democractic representatives can make choices and aren’t bound by what someone else decided in the past,” said Schwartz, “also the courts generally don’t like to get involved in the internal working of the legislature.”
“Yes, we have people looking at it now,” PC Leader Brian Pallister says his party is seeking their own legal advice and so is the Canadian Taxpayers Federation.
“How strong that bill is and will it hold up in court, at this point we’re still looking into it,” said Colin Craig, with the Canadian Taxpayers Federation.
Holding hedge clippers in front of the legislature, Craig demanded the government find other ways to cut spending instead of raising the PST.
“He could lead by example by cutting cabinet by four positions down to the size Gary Doer had it at when he became Premier,” said Craig.
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Manitoban’s are speaking out. So far 67 people are registered to speak at public hearings in the coming weeks, and the phones at the clerk’s office at the Legislature are ringing off the hook from residents wanting to be heard.
“If it gets into the hundreds, thousands, that would be more of a political problem for the government,” said Dr. Schwartz.
No date has been set for the public hearings, those registered to speak will get two days notice.
If you want to register, call the Clerk’s office at 204-945-3636.
The Manitoba Tories have also set up a website called http://www.standupmanitoba.com.
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