British Columbia Supreme Court Chief Justice Robert Bauman declared August 20 that the anti-HST petition is valid and able to proceed to the provincial legislature.
A group of six business organizations are challenging the legal validity of the anti-HST petition with a powerful legal team that includes former B.C. attorney general and Heenan Blaikie LLP partner, Geoff Plant.
Arvay Finlay lawyer Joseph Arvay is representing former premier and anti-HST organizer Bill Vander Zalm.
Inside the courtroom, lawyers debated the nuances of Canadian constitutional law, the separation of powers outlined in Sections 91 and 92 of the Constitution and the impact of the B.C. legislature never passing an act to initiate the HST, relying instead on the cabinet passing an order in council.
Outside the courtroom, respected longtime constitutional watchers, such as Ted McWhinney, similarly opined about the outcome of the court case and the appropriateness of Elections BC’s acting chief electoral officer Craig James to hold off on sending the petition to a legislative committee until the courts had made a ruling on the tax’s legitimacy.