Canada must not tax disabled Veterans on their Capital payments


Canada must not tax disabled Veterans on their Capital payments
The Issue
Canada currently taxes the disabled War Veteran but this is highly unfair:
1. Personal injury payments are Capital and not income so it is unlawful to tax it as income;
2. The old Pension Act pension was also Capital and tax free;
3. Tort damages are Capital and not income (Jennings SCC 1966);
4. Workers' Compensation (WCB) payments are Capital and not income;
5. Income Tax Act s. 81(1)(d) expressly excludes the payment to a disabled Veteran as being exempt from income tax & I suspect they think it is the government's choice when it is the points above that matter;
6. Canada Revenue Agency's IT365R2 states that damages are tax free, even when they are paid other than a lump sum and even when they are based on the previous rate of pay, before disability;
7. IT379 states that disability in service pensions are tax free;
8. Former MVA Greg Thompson, in the Senate in 2006, stated that the reason they tax the disabled War Veteran now is that "it isn't a pension." No, it is a pension as pension is a colloquial term, according to the Clarke SCC 1990 case. I think he meant that it wasn't the Pension Act pension but the reason it wasn't a "pension" was because they changed the law to deny a pension to any War Veteran after 2006. This is deplorable as the only people getting a War Pension Act pension, after 2006, is a CIVILIAN!
This petition is not about bringing back the Pension Act of 1919. This petition is demanding the Government of Canada, a common law democracy, obey the common law on the subject of damages in Tort or the statutory law replacement (WCB/Pension Act) as they only think they have a choice in any event and are putting the taxpayers of Canada on the hook for large damages that will be assessed against the taxpayer for saving money at the expense of the disabled soldier that Canada (you) send to war.
This is a matter of CONSCIENCE! Taxing the one who served Canada in war until disability was suffered makes no sense anyway as it is harming our National Defence.
Send a strong message to Ottawa, in this, an election year, before it is settled in a court of law!

The Issue
Canada currently taxes the disabled War Veteran but this is highly unfair:
1. Personal injury payments are Capital and not income so it is unlawful to tax it as income;
2. The old Pension Act pension was also Capital and tax free;
3. Tort damages are Capital and not income (Jennings SCC 1966);
4. Workers' Compensation (WCB) payments are Capital and not income;
5. Income Tax Act s. 81(1)(d) expressly excludes the payment to a disabled Veteran as being exempt from income tax & I suspect they think it is the government's choice when it is the points above that matter;
6. Canada Revenue Agency's IT365R2 states that damages are tax free, even when they are paid other than a lump sum and even when they are based on the previous rate of pay, before disability;
7. IT379 states that disability in service pensions are tax free;
8. Former MVA Greg Thompson, in the Senate in 2006, stated that the reason they tax the disabled War Veteran now is that "it isn't a pension." No, it is a pension as pension is a colloquial term, according to the Clarke SCC 1990 case. I think he meant that it wasn't the Pension Act pension but the reason it wasn't a "pension" was because they changed the law to deny a pension to any War Veteran after 2006. This is deplorable as the only people getting a War Pension Act pension, after 2006, is a CIVILIAN!
This petition is not about bringing back the Pension Act of 1919. This petition is demanding the Government of Canada, a common law democracy, obey the common law on the subject of damages in Tort or the statutory law replacement (WCB/Pension Act) as they only think they have a choice in any event and are putting the taxpayers of Canada on the hook for large damages that will be assessed against the taxpayer for saving money at the expense of the disabled soldier that Canada (you) send to war.
This is a matter of CONSCIENCE! Taxing the one who served Canada in war until disability was suffered makes no sense anyway as it is harming our National Defence.
Send a strong message to Ottawa, in this, an election year, before it is settled in a court of law!

Petition Closed
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Petition created on April 18, 2019