Opinion
Taxpayers DO have the right to remain silent
A taxpayer-friendly unanimous Federal Court of Appeal ruling came out this week in MNR v Cameco [2019 FCA 67]. At issue was whether or not the Minister (through the CRA) has the authority to compel oral answers to oral questions from taxpayers or their employees.
In his ruling, Justice of Appeal Rennie stated “…the Minister does not have the power to compel a taxpayer to answer questions at the audit stage…”, however, it may be in the best interest of the taxpayer to provide reasonable answers to reasonable questions in order to expedite the process. The full entire ruling can be found and read here
This ruling simply re-confirms, that even in an audit, you (and your staff) have the right to remain silent, and that the Minister’s powers are limited to physical evidence.
An exception to this is you are required to provide assistance in locating and providing that physical evidence, which may need to be orally.
Personally, when dealing with a very large number of taxpayers on our own office, we want to be certain that the file that the CRA is talking about is the same file in front of us. As such, we are a firm believer in the Canadian Home Builders’ Association motto that is ironically supported by the Government of Canada: “Get it in Writing.”
I am not advocating answering no questions, as the Minister (CRA) still has the ability to issue reassessments, thereby shifting burden of proof to the taxpayer further to disprove the reassessment.
I am, however, advocating at a minimum to get those questions detailed, and in writing. This will help to provide clarity and allow for proper thought in your answers as opposed to stating something with unintended consequences.
Here is a little example of what happens when you don’t get it in writing: in my dark-side days as a field auditor with the (then called) CCRA, we used to ask prying questions that the taxpayer had no idea they were answering.
For example, in one particular circumstance I was reviewing a file where it was suggested that the taxpayer was doing under-the-table cash jobs. This meant I would have to be creative in figuring out the taxpayer’s cost of living, and ruling out other sources of income.
Meeting in a quiet restaurant in a small Saskatchewan town, I was eventually able to have the taxpayer relaxed enough to think that we were having a normal conversation. Just a couple of ‘Riders fans that aren’t a fan of Ottawa, but hey, I have a job to do. When the taxpayer started complaining about the government, I joined in:
“Hey, I hear you. I’m not some suit from Ottawa. I’m from Regina. I mean both the feds and the province already get enough out of me from tax on my smokes.”
I don’t smoke.
The taxpayer didn’t know that, but the anger was timely because the province had just raised up the cigarette tax the previous year so packs were well over $6 a pack.
“Yeah I know”, the taxpayer said, “I smoke a pack a day”.
Music to my ears as a tax auditor, the taxpayer just told me that they need ($6 x 365) = $2,190 of after-tax income just to feed their cigarette habit.
I continued, “That’s terrible! Between getting our money on that, and getting it at the casino, it’s just crazy how much they make it hard to enjoy our weekends.”
“Yeah, I don’t win nuthin’ at the casino either,” the taxpayer stated.
To me I heard ‘I didn’t have any non-taxable casino winnings. In fact, the taxpayer likely had lost money in the year. This means the taxpayer needed to have more disposable income to gamble.’
The conversation continued for a good 30 minutes. Once I was armed with more knowledge of the taxpayer’s lifestyle and spending habits, I went to work. Bank statements, receipts, mileage information, fuel costs, type of vehicle, etc.
We would use information tools not only from Statistics Canada for price of fuel in different regions, we would also use websites like www.fueleconomy.gov that provide different estimated fuel consumption based on type of use and mileage going back to cars from the 1980s. Then we work backwards to see if the numbers made sense with respect to the taxpayer’s vehicle and costs.
When it was all said and done, I used the results of our conversation against the taxpayer. When I was finished, I found over $30,000 in an income variance between the taxpayer’s living costs and change in net worth compared to what was reported. Not only that, but the taxpayer had already backed themselves into a corner because of the questions that were answered which I had documented.
My guess is that in conclusion, the taxpayer thought they should have got the questions in writing instead of meeting me at a restaurant.
—
Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr is the President & Founder of CGL Strategic Business & Tax Advisors; you can find out more about Cory’s biography at http://www.CGLtax.ca/Litzenberger-Cory.html
From the Daily Caller News Foundation
By David Blackmon
During a 12-minute video appearance at the 2025 Alliance for Responsible Citizenship (ARC) Conference held in London, Secretary of Energy Chris Wright told the audience that “Net zero by 2050 “is a sinister goal.”
That is a bold statement, especially given that it was delivered to an audience sitting in the United Kingdom, where both major political parties that have traditionally governed the country – the Conservative “Tories” and the far-left Labour Party – have spent the past decade pushing their country to meet its net zero goals as if it were a matter of religious faith. Regardless of the obvious negative economic and social consequences that have been heaped upon UK citizens, and equally obvious futility of the entire effort, leaders of both parties have kept the country on this ruinous path.
As Wright went on to point out, net zero by 2050 is “both unachievable by any practical means, but the aggressive pursuit of it…has not delivered any benefits, but it’s delivered tremendous costs.” This is objectively true, the most painful example being the rapid deindustrialization of the formerly strong British economy and the accompanying rapacious condemnation of thousands of acres of arable lands to become home to huge wind and solar installations.
Dear Readers:
As a nonprofit, we are dependent on the generosity of our readers.
Please consider making a small donation of any amount here. Thank you!
As Wright points out, “no one’s going to make an energy-intensive product in the United Kingdom anymore.” A clear object lesson in that reality came in September when venerable steelmaker Tata Steel shut down the last existing steelmaking plant in the UK.
Climate zealots in both major parties celebrated that event, but we must ask what there really is to celebrate? Sure, the Labour politicos get to virtue signal about the elimination of X tons of carbon dioxide emissions, but in a global sense, that’s meaningless. The UK still needs steel – the only difference now is that the steel that used to be made by highly-paid workers in domestic mills will now be imported steel made by poverty waged workers in Pakistan, China and other mainly Asian countries.
Meanwhile, the emissions created by making the steel in those other countries with lower environmental regulations will be far larger than from steel that used to be made in the UK. As Wright pointed out at the ARC conference, “This is not energy transition. This is lunacy.”
He isn’t wrong.
On Feb. 13, the Center for Research on Energy and Clean Air (CREA) published a report showing that construction of new coal-fired power plants in China reached a ten-year high in 2024. CREA finds that “China approved 66.7 gigawatts (GW) of new coal-fired power capacity in 2024, with approvals picking up in the second half after a slower start to the year.” It all belies the favored narrative on the political left that China is leading the world in converting its power systems to renewables. In reality, the expansion of its coal sector may actually be accelerating again.
That renewed Chinese focus on expanding its coal power fleet is driven in large part by the zealous focus by globalist leaders in the UK and other western countries – Germany is another great example – on deindustrializing their own economies to satisfy their obsession over atmospheric plant food.
The making of steel and other heavy industrial processes requires reliable, affordable power generation that runs 24 hours every day, 7 days every week. Whether politicians like it or not, coal is the fuel that most reliably and consistently meets all those tests.
Thus, if China and other Asian nations are destined to inherit all the heavy industries being killed off by virtue signaling Western nations, they will need many more coal power plants to power them. This really isn’t complicated.
Meanwhile, the UK can no longer manufacture its own steel or myriad other industrial products that are essential to modern human existence. If the Labour government continues its policy of condemning vast swaths of British farmland to house more and more wind and solar sites, the kingdom will soon no longer be able to even feed its people.
All to satisfy this odd religious dogma based on an obsession over plant food. Lunacy, indeed.
David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
Riots and hijackings — why ICE cuffs and shackles some deportees
Mark Carney admits he is an ‘elitist’ and ‘globalist’ but claims that is what Canada needs
The Mother of All Frauds?
Elon reveals millions of people in Social Security database between the ages of 100-159
-
Indigenous1 day agoTrudeau gov’t to halt funds for ‘unmarked graves’ search after millions spent, no bodies found
-
Business2 days agoFederal Heritage Minister recommends nearly doubling CBC funding and reducing accountability
-
Business1 day agoApple removes security feature in UK after gov’t demands access to user data worldwide
-
Business2 days agoArgentina’s Javier Milei gives Elon Musk chainsaw
-
International2 days agoJihadis behead 70 Christians in DR Congo church
-
International2 days agoMexico to reform constitution after Trump designates cartels as terrorist organizations
-
Addictions2 days agoBC overhauls safer supply program in response to widespread pharmacy scam
-
Alberta2 days agoOpen letter to Ottawa from Alberta strongly urging National Economic Corridor