Muskoday Pursues Legal Action Against Province
Thursday, October 07, 2010 at 16:25
The first steps towards a legal challenge against the province were taken today on the Muskoday First Nation.
The chief of the band, Austin Bear, bought four cartons of cigarettes at the band store.
Reading from a script, he asked to buy the four cartons at the treaty price for tax exempt cartons.
However, the clerk told him that under the province’s new quota system, she could only sell him one carton at the discounted tax rate.
The chief bought the tobacco anyway and then confirmed the band would take the matter to court:
“I’ve been refused my right to a tax exemption on this purchase. We’ll be filing a statement of claim in the courts against the province because I won’t be reimbursed or rebated for the deposit on the tax that I paid on this purchase. That’s the reason why I’m doing this.”
Papers will be filed in small claims court next week.
So far the province is only saying it will look at the legal challenge when it arrives.