Legally Challenge Ontario’s Transfer of Responsibilities without Corresponding Revenues, CLARKE

Illegal accounting attempt at usurping responsibilities under confederation and constitutional agreement between federal, provincial governments to cut deficits onto the backs of property owners and discriminate against a specific group of citizens.
July 7, 2010 - PRLog -- When our Ontario government transferred the funding responsibility for services and programs to the sole responsibility of the municipality of Toronto by downloading services and programs which are constitutionally the Province’s legal responsibility without corresponding revenues, Peter CLARKE believes such a move was unethical, immoral and illegal.

Clarke a candidate for Toronto’s North York ward 23 is of the opinion the province discriminated against a specific group of property taxpayers without commensurate revenues to offset these new costs and thus was a breach of trust by the Ontario’s constitutional provincial legislative requirements to this specific group of taxpayers.  

Further it was an illegal accounting attempt by usurping their responsibilities under both confederation and the constitutional agreement between the federal and provincial governments in order to cut the large provincial deficit by downloading these costs onto the back of property owners which was a discrimination against a specific group of citizens and outside of their jurisdiction.

The Constitution Act, 1867 established parameters of current federal and provincial relationships with municipalities.  Section 92 of the Act sets out the exclusive powers of provincial legislatures, with section 92(8) giving the legislature of each province exclusive responsibility for making laws relating to that province’s municipal institutions.

Other sections of the Constitution Act, 1867 with implications for municipalities, section 92(2) grants the provinces the power to impose direct taxes to carry out provincial responsibilities.  

However Clarke is of the opinion that because local governments are legally subordinate to provincial governments, the only sources of authority and revenue available to municipalities are those that are specifically granted by provincial legislation.

With the down load of service and programs to Toronto occurring without commensurate revenues to offset these new costs the provinces usurped its constitutional powers.

By this action the provincial legislature further committed a breach of trust of the provinces legislative requirements to this specific group of taxpayers and directly discriminated against this specific group of citizens by such an illegal accounting method.  

Toronto and other municipalities must join together and mount a legal challenge to defeat this outrageous usurping of power by the province and send the government a message that they cannot run roughshod over the rights of people, especially those least able to defend themselves.

Peter CLARKE believes it is time that Torontonians and other municipalities come together and legally challenge the province on this illegal, immoral, unethical and discriminatory issue as this would be a people power that no government can stop.

“Toronto One City, Your Vote, Our Future Together, Begins on October 25, 2010 with your support throughout North York ward 23 and across Toronto Communities.”

http://peterclarketoronto.com

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Peter is the founder, chairman and CEO of Ellis Clarke one of the largest privately held strategy facilitation firms in the world and a leading global consulting facilitator.
Peter CLARKE is a committed, proud and determined INDEPENDENT, NOT a CAREER Politician or supporter of any political party, special interest groups or lobbyists.
Peter is your average citizen candidate for council and once elected answerable only to the people NOT a political party, special interest group or lobbyist.
“Unlimited power controls the corruption and minds of those who influence it. “ Peter Clarke 2009.
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