Lawsuit of the week: First Nations fishermen launch class action over alleged improper taxation of exempt income – Business In Vancouver

A pair of Aboriginal fishermen is suing the Canadian government in a proposed class action over the alleged improper taxation of assets and income on reserve land.

Plaintiffs Bill and Daniel Scow filed a notice of civil claim under the Class Proceedings Act against the Attorney General of Canada and the Minister of National Revenue in BC Supreme Court on August 30.

The proposed class is on behalf of all people with status under the Indian Act “who claim to have had their personal property situated on a reserve unlawfully taxed by the defendants through the defendants’ reliance upon the 90-day limitation period to object to an assessment.”

According to the lawsuit, the Scows are members of the We Wai Kai band who live on Quinsam Reserve 12 in Campbell River. They grew up on the reserve and spent their lives fishing in the band’s traditional territory around the Georgia and Jonhstone straits. They both operated small-scale fishing operations as sole proprietors, the lawsuit says. They claim Canadian tax authorities have improperly assessed tax debts related to “personal property situated on reserve land.”