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Saskatchewan Premier Lorne Calvert speaks with reporters from Saskatoon, Sask. on Wednesday, June 13, 2007.

Sask. plans legal showdown over equalization

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Date: Thu. Oct. 4 2007 6:36 PM ET

REGINA — The Saskatchewan government is fixing for a showdown with Ottawa after Premier Lorne Calvert asked the province's highest court whether the federal Conservatives' changes to the equalization transfer program violate the country's founding principles.

Prime Minister Stephen Harper dismissed Saskatchewan's court action as a political ploy -- a provincial election is expected to be called any time -- that will cost taxpayers a lot of money and won't work. But the NDP premier was undeterred by Harper's rebuke.

"It was this prime minister, you will recall, that stood up in Ottawa and said, `If you don't like us, sue us.' This is the prime minister who said that to Canadians, said it to premiers, said it to the people of Saskatchewan,'' Calvert told reporters in Regina.

"If you think you can bully us or threaten us, I'm sorry. It doesn't work in Canada.''

Court documents filed late Wednesday show that Calvert intends to pose two questions to the Saskatchewan Court of Appeal related to the issue.

The first asks whether the act governing equalization payments denies Saskatchewan ownership of non-renewable resources and interferes with its ability to manage those resources.

The second question centres on whether the equalization program, as amended by the Tories in the last budget, violates the section of the Constitution which outlines the goal of the program: "to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation.''

Harper, who was in Winnipeg, predicted Saskatchewan will lose the court case.

"I hope the Saskatchewan NDP is prepared to repay the taxpayers when it loses this case,'' Harper told reporters.

"In my judgment what Saskatchewan needs is a government that will understand that the challenge is to take advantage of that opportunity to become a `have' province permanently, rather than to try and figure out some formula that's going to pay equalization to `have' provinces, because there is no such formula.''

Calvert was quick to shoot back.

"Mr. Harper could be defeated before our lawsuit is,'' Calvert quipped, referring to the possibility of a federal election soon.

The premier's unhappiness with the federal government over equalization is nothing new -- the long-running dispute has included both the current Conservative and former Liberal governments. Calvert argues the way the payments are calculated denies the province millions of dollars a year.

He says that non-renewable resource revenues Saskatchewan gains, including those from oil and natural gas, should not be included in the formula used to calculate equalization payments because the revenues are a one-time gain.

There is no point in developing the industry, the province contends, if it loses a dollar from Ottawa for every dollar it makes on oil.

Nova Scotia and Newfoundland struck a deal, called the Atlantic Accord, with the previous Liberal government that essentially removes offshore oil and gas royalties from the formula.

Calvert has lobbied for the same consideration, and after the last federal budget, indicated the issue could spill into court.

He was angry because, although the Conservatives and their 12 Saskatchewan MPs made an election promise to remove non-renewable resource revenue from the equalization formula, in the budget they put a cap on the amount of money a province can receive under the program.

The province got $226 million in equalization this year and is forecast to get nothing in the years ahead.

There is wide speculation that Calvert could call a provincial election next week.

He has said he likes to have elections on a four-year cycle -- the last was in November 2003 -- and conceded when speaking with reporters Thursday morning that a decision to go to the polls this fall would have to be made this weekend.

The right-leaning Opposition Saskatchewan Party called on Calvert to pursue legal action against Ottawa in 2005, when the Liberals were in power.

At the time, leader Brad Wall said he was told by the Calvert government the case was unwinnable. He said he can support the challenge by Calvert now, but only if there are solid legal reasons behind the decision.

"Pursing a court case that is frivolous, that doesn't give you a chance of winning -- if that is in fact what the premier is doing -- because he is on the eve of an election and wants to make this an election issue, that is not advancing the cause of Saskatchewan in Confederation,'' Wall said.

The federal government will get the chance to intervene in the court action, as will other provinces.

The timeline will be up to the court.

Comments are now closed for this story

Ryan
said

First of all I am very concerned with the level of finger pointing at "western" provinces. Alberta has been paying more then its fair share for a long time. They complain about it from time to time (like Ontario) but never sued over it.
Alberta and Ontario shoulder the burden for this country and its time the others stop taking and start giving.
As for Calvert, I am sure this stunt earns him another term in office.


Ryan
said

Great, now they will waste more tax payer dollars to get told no!
Saskatchewan is a have province now but still wants to perks of being a have not. Ontario and Alberta are paying more then there fair share, time for Saskatchewan to do the same.


juli
said

i hope you win court Saskatchewan good luck.


Eric Rapp
said

I think every man, woman & child in Alberta should sue Lorne Calvert for any equalization money Sask. has received, if he wants to keep the welfare cheque and oil revenues. As a former Sask. resident I am totally disgusted and ashamed of his behaviour. I am proud to be an Albertan. Alberta pays in $4000 for every man, woman and child and gets nothing back.


Jay
said

The only reason Calvert is pushing this onto the agenda is the simple fact and election has already been called. Had they not been going to the polls this never even would have been news.


Linda
said

This equalization thing seems complex to me.Even though I have read quite a lot about it.
But I keep coming up with the same questions.
1)Have the provinces with the biggest objections not been offered a chance to accept either the old equalization formula with it's resource clause,or the new formula without the resource clause???
2) Why would taxpayers in B.C.or Alberta,or any other "have province" agree to see their tax dollars go to other provinces,no matter how wealthy they got??
3) If this arrangement is so bad,how did it get the agreement of most of the provinces when it was set up at the first ministers meetings??
Confusing,at best.I might have more questions later.


James!
said

Good luck and hope you win the suit against the Feds, I don't understand why Alberta is being treated differently then NFLND and Sask. I think cause Mr. Harper is from Alberta that's why. Anyways go for it Mr. Calvert and good luck, we need our tax dollars back from Harper government who is trying to cheat us from our money.


Leslie
said

Good for Sask! Now if only our Premier here in NS gets on the stick & does the same thing for us! Take them to court!!!


Corrin
said

What kills me is this idea that 'non-renewable' resources should not count. Why not? Does everyone really believe the auto industry -- the backbone of Ontario's economy -- can possibly go on forever as an ENDLESS resource for revenue? Uh, take a look at the recent GM strike in the US and the resulting lay off of workers in Ontario the following day and then respond. NONE of the provinces should be able to exclude income from this equalization formula. If they are afraid it is not an endless resource they should be investing appropriately.

And to Scott, yeah, how horrible to put more money in than your province gets back. As an Ontarian, I really have no idea what that feels like.


Cam
said

Catch -22
If the Federal Tories sided with Sask. and took oil and gas revenues out of the equation the other provinces would be mad, and rightly so. If the Federal Tories did not sided with Sask. and essentially sharing oil and gas revenue all provinces, oil rich provinces would be mad, and rightly so. Where does the idea of Canada as a nation come into this?


JF - Toronto
said

Typical how when times are bad the West complains that they don't get a fair share of equalization payments and when they are good they suddenly have no interest in contributing. If natural resource revenues are truly removed from the formula then Ontario should remove their contribution to equalization payments to the other provinces.
Now there's an idea!.. Ontario would definitely be in better shape.
Premiers like Calvert and Williams are full of hot air (no pun intended).



Paul from Saskatoon
said

Lorne Calvert is about to call a provincial election. This lawsuit is nothing more than a pathetic attempt to try and pump up his image as a champion of the Saskatchewan people and divert attention from his own failures as a premier. He has never had the ear of any Prime Minister. Cretien ignored him, as did Martin and Harper is no doubt getting sick of the constant posturing and bluster flowing from Regina. What has Calvert ever accomplished on the national stage? Absolutely nothing other than alienating our province from those in power, and making us look like a bunch of whiners. It's time to go Mr. Calvert. Stop wasting our money on frivolous lawsuits and call the provincial election.


Scott
said

I hope that the courts side with the province's interpretation of how these funds (that Saskatchewan taxpayer's contribute into through federal taxes yet receive nothing back)are distributed. If natural resource revenues are truly removed from the formula, as the Tories claim they have followed through on, than the province should rightly be collecting federal dollars next year, not zero. By implementing the cap, Harper and Flaherty (and their 12 yes-men MP's in this province) have essentially reneged on their biggest campaign promise to the people of this province!


Gis Bun
said

And meanwhile Saskatchewan [like Alberta] are raking in the money from the resources they want protected.


Roch
said

Apparently Saskatchewan taxpayers are so flush with cash they can afford expensive legal proceedings.

Certainly if they have this kind of coin to make lawyers wealthy, they don't need the equalization payments.


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