04) ONTARIO NATIVES
READY TO PROTEST HST
(The following
article is from the June 16-30, 2010 issue of People's Voice,
Canada's
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The new Harmonised Sales Tax, which takes effect in Ontario and British
Columbia on July 1, was at the top of the agenda for aboriginal chiefs
gathered at the Oneida First Nation near London for the annual meeting
of the Association of Iroquois and Allied Indians (AIAI).
Under the existing provincial sales tax,
Ontario First Nations
with Indian status cards get a point-of-sale tax exemption on purchases
on and off-reserve. Status holders are exempt from the GST only for
goods purchased on or delivered to native reserves. The HST will be
administered solely by the federal government. There is no provision to
extend the exemption for provincial portion of the new tax.
Randall Phillips, chief of the Oneida First
Nation, said the HST
was passed too quickly and without First Nations consultation. He said
if the exemption isn't added, his community is ready to take action.
"We've talked about possible slowdowns of the
major highways like
the 401, and blocking the big international bridges and railway lines,"
said Phillips.
Officially, Ontario supports a continuation of
the exemption. On
May 3, the province and the Chiefs of Ontario signed a memorandum of
agreement that "commits the parties to work together to realize the
continuation of the First Nation point of sale tax exemption."
Phillips acknowledged the exemption was a
"tough sell" with
Canadians. He said there's a misconception that reserves are `tax
havens' for status Indians. But he said most reserves lack all but
basic commercial amenities and residents are forced to shop off-reserve
for most essentials. That means under the HST they will pay full tax on
most purchases. That will add an estimated $85-million to $121-million
tax burden to Ontario First Nations.
Provincial and federal representatives met
June 7 to discuss the
matter again, but a June 2 e-mail from the Finance Department stated
policy plainly. It read, "Status Indians will continue to be exempt
from the GST/HST on purchases made on reserve, and on purchases made
off reserve if the property is delivered to a reserve by the vendor or
the vendor's agent. This approach is fully consistent with the Indian
Act, which exempts from tax the personal property of an Indian or band
situated on a reserve and their interests in reserve or designated
lands."
Speaking at the AIAI. meeting, chief Dean
Sayers of the Batchewana
First Nation near Sault Ste. Marie, said Canada's position amounts to
an attack on sovereignty. He said the treaties negotiated by his people
were between sovereign nations and none of the treaties ever specified
Canada could subject First Nations to taxation.
"It's like France trying to tax Mexico," he
said, warning that his
community was prepared to protest the HST with blockades of railway
line throught their territory.
In a May 11 Sault Star article, Chief Sayers
wrote, "The spirit
and intent of our relationship needs to be worked towards on the part
of the Crown, and we don't see an agenda, we don't see a
meaningful table that's being set, so we have to compel the Crown.
Unfortunately, it's going to cause some inconvenience, but we have to.
It's getting worse. It's a constant, never-stopping erosion of our
rights."
Sayers said the blockade will go up June 21
and, unless a
three-way deal is signed between the province, the federal government,
and First Nations, the stoppage would continue, "probably for the
summer, maybe longer."
Anishinabek Nation Grand Council Chief Patrick
Madahbee has commended the HST protest efforts by Batchewana First
Nation.
"I applaud the efforts by Batchewana to
protect our rights,ö says
Madahbee. "This initiative will show the government that we have drawn
our line in the sand on this HST issue."