SUNDAY TIMES CANADA

Tuesday, 13 September 2016

Canada Revenue Agency probes tax loopholes in real estate speculation

Tax agency has stepped up its monitoring of B.C. and Ontario housing markets

News Courtesy CBC News Posted: Sep 13, 2016 10:37 AM ET Last Updated: Sep 13, 2016 4:31 PM ET

The Canada Revenue Agency is looking deeper into tax evasion in some of the country's hottest housing markets after reports suggesting many speculators are abusing the system and not paying enough tax on their gains.

The move comes after a Globe and Mail report last week on a Vancouver property speculator who paid virtually no tax on gains from millions of dollars worth of home flips during the same calendar year.

"Like all Canadians, I am very concerned over allegations that some wealthy Canadians are not paying their fair share of taxes," Diane Lebouthillier, minister of national revenue, said in a statement. "That is unacceptable and I've since asked Canada Revenue Agency officials to look into the specifics of the case."

Frothy market

Foreign money in Canada's housing market has been a hot topic of late, as policymakers seek to get rid of some of the excess speculation without starting a panic. The province recently implemented a 15 per cent tax on foreign buyers in the Greater Vancouver Area, and the issue of the capital gains exemption on a primary residence has also drawn scrutiny from the CRA and other agencies.

Lebouthillier said that between April of last year and June 2016, the CRA had conducted 2,500 audits related to real estate in British Columbia and Ontario, and levied some $11.6 million in penalties to tax filers who were subsequently found to have demonstrated "gross negligence in failing to report their tax obligations correctly."

"Those trying to avoid paying their tax obligations now face an increasing likelihood of getting caught," she said. "Canadians expect and deserve a fair tax system and that is what we are committed to delivering."

Ottawa gives Statistics Canada $500,000 for better info on housing

Prime Minister Justin Trudeau addressed the topic of tax leakage in the housing market later on Tuesday afternoon, when asked by a journalist at a press conference for his thoughts.

"One of the issues that we highlighted recently is the need for continued enforcement of the tax code and making sure that we're cracking down on people who are avoiding paying their fair share of taxes," he said, adding that the government earmarked more than $400 million in the last budget to beef up the CRA's ability to "make sure that there is better enforcement [so that] everyone pays their fair share of taxes."

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Tuesday, 6 September 2016

‘He made me hate myself’: Sex assault complainant testifies at judge’s hearing

In 2014, Justice Robin Camp asked a woman in a trial why she couldn’t just keep her knees together.

By BILL GRAVELANDThe Canadian Press (Article courtesy )

Tues., Sept. 6, 2016

CALGARY—A woman who was asked whether she could have kept her knees closed by an Alberta judge during a sexual assault trial says she contemplated suicide as a result of her experience.

“He made me hate myself and he made me feel like I should have done something ... that I was some kind of slut,” said the slight young woman, choking back tears at the judicial hearing Tuesday for Justice Robin Camp.

Camp’s comments while he was a provincial judge in Calgary in 2014 led the Alberta Appeal Court to order a new trial for the man he acquitted.

Court transcripts show Camp questioned the woman’s morals, suggested her attempts to fight off the man were feeble and described her as “the accused” throughout the trial.

He said to her: “Why couldn’t you just keep your knees together?” and said “pain and sex sometimes go together.”

“He made comments asking me why didn’t I close my legs or my ankles together. ... What did he expect me to say to something like that?” she said softly.

“I hate myself that I let that happen and I let that judge speak to me that way.”

The complainant, whose identity is protected by a publication ban, said after the verdict she just “got high for days” and just wanted to be herself again.

The Canadian Judicial Council committee is considering whether Camp should be removed from the bench because of his remarks in the case.

The committee is made up of three judges, who are council members, and two senior lawyers.

In a letter submitted to the committee in support of her father, Camp’s daughter Lauren revealed that she had been a victim of a sexual assault in her own home a number of years ago.

“Some of the words used by Robin in the case were disgraceful. They were wrong and extremely painful for me, as a victim, to hear about,” wrote Lauren Camp.

“But Robin has tackled his disgrace directly. He has always been a good father, but now he speaks with a new kind of sensitivity and understanding.”

She urged the panel to recommend her father be allowed to remain a judge so he can put his new-found understanding and empathy to good use.

Lawyer Marjorie Hickey, who is presenting evidence on behalf of the judicial council, said the committee will consider the comments that Camp made, as well as the impact they have had on the community.

Camp’s lawyer Frank Addario said his client has taken steps to remedy his behaviour.

“He is not perfect, but he is a good judge,” said Addario.

“The evidence will show Justice Camp, immediately after the complaint was lodged, apologized and took steps to interrogate his beliefs and to challenge his assumptions,” he said.

“The evidence will show that he has reformed in his thinking and is sorry for his failing. His is an ethical and empathetic judge.”

Danielle Aubry, executive director of Calgary Communities Against Sexual Abuse, told Canadian Press she doesn’t think Camp should remain as a judge even if he regrets his actions.

“When you become a judge, that’s a privilege. It’s a very high position. It’s incredulous to me that there are people who are sitting on the bench that are not educating themselves about issues like sexual violence and domestic violence,” said Aubry.

The review committee will make recommendations to the full judicial council.

If it decides Camp should be removed from the bench, the final decision lies with the federal justice minister.

“The council was created in 1971 . . . and since that time there have been 11 public inquiries, so it’s not a common occurrence,” said Johanna Laporte, the judicial council’s director of communications, said.

“We do receive a number of complaints regarding judicial conduct per year but not all of them . . . go to the public inquiry stage.”