Ontario Liberals rescind school tax credit
By Eli Schuster
The Interim
The Ontario Alliance of Christian Schools (OACS) and other non-Catholic
religious groups suffered a setback in early December, when a provincial
court ruled against a suit filed against the new Ontario Liberal government
for cancelling the Equity in Education Tax Credit (EETC).
The association's lawyer, David Brown, argued that scrapping the tax
credit increased parents' overall tax burden, thereby violating the
Taxpayer Protection Act, which mandates that tax hikes can only take
place after they are voted on in a province-wide referendum. The court
chose not to intervene on the basis that such action "would be a most
extraordinary intrusion into the legislative function."
Introduced two years ago by the Mike Harris Progressive Conservative
government, the tax credit allowed parents who send their children to
private or religious schools to direct part of their tax dollars toward
the first $7,000 of tuition paid. The Dalton McGuinty Liberals plan
to not only rescind the tax credit, but make it retroactive to Jan.
1, 2003, nearly nine months before they were elected into office.
Writing recently in the Financial Post, C.D. Howe Institute economists
Jack Mintz and William Robson blasted McGuinty's plan, arguing: "Retroactive
taxation is unfair. It means that people discover, after they have already
bought and sold, worked and saved, that government has changed the rules.
Its arbitrariness undermines the rule of law." If such a law is enacted,
"it will set an ominous precedent for Canadians everywhere," they added.
The EETC was available to families of all incomes, but its greatest
impact will be felt by lower-income families, they argued. "For the
thousands of middle- and low-income Ontarians with kids in non-'elite'
independent schools, this additional tax liability will be no small
burden," they wrote.
Speaking
to The Interim, Canadian Taxpayers Federation Ontario director John
Williamson agreed, calling the retroactivity "a terrible decision,"
as "it upends decisions made by parents as long as a year-and-a-half
ago, and punishes parents for decisions already made."
Scrapping the tax credit is "seriously misguided" public policy, said
Williamson, as the EETC empowered parents to make their own decisions,
and gave the public system some badly needed competition, which "creates
a better system for everybody."
Asked why the Liberals seem to be in such a rush to strike down the
EETC, Williamson expressed some skepticism toward the view that they
are primarily concerned with cutting costs. "I think this is clearly
an ideological decision," he said. "Many Liberals believe public education
is the only way to go, and won't consider alternatives to it."
It is ironic, he added, that "Liberals and their friends are quick
to point out ideological decisions" made by their opponents, yet "they
have their own blinkers on" when it comes to public education.
In spite of his own support for the tax credit, Williamson said he
does not believe it falls under the Taxpayer Protection Act, and was
not surprised with the court's ruling. Premier McGuinty, he said, is
"keeping some promises and breaking others." It is most unfortunate,
said Williamson, that many of the promises that have been kept by the
Ontario premier have been ones that have "hurt economic activity."
Not surprisingly, non-Christian groups were also angered by the scrapping
of the tax credit. Mohammad Ashraf, the secretary-general of the Islamic
Society of North America - Canada, told Lifesite News that Muslim-Canadian
parents "are mostly average middle-income earners who were counting
heavily on this tax credit in their household budget." He added: "I
am frankly surprised that the government acted with such mean spirit."
Ed Morgan, the chairperson for the Canadian Jewish Congress Ontario
Region, said on behalf of the Ontario Association of Jewish Day Schools:
"We hoped that the government would have offered another alternative
to the tax credit. Now we non-Catholics in Ontario are, once again,
the subjects of religious discrimination."
Morgan added that his group "always understood that the premier supported
funding to faith-based schools," as McGuinty "voiced this support publicly
to our executive only a few years before."
While McGuinty was opposition leader, he promised to fight the tax
credit "tooth and nail" when it was introduced in the May 2001 provincial
budget. The plan found support among some Liberal MPPs, and McGuinty
himself stated two years earlier: "Ideologically, I'm not opposed to
funding for Jewish schools."