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A-21 I-79
The Queen (Appellant) (Defendant)
v.
Gene A. Nowegijick (Respondent) (Plaintiff)
Court of Appeal, Heald, Urie and Le Dain JJ.— Ottawa, September 26, 1979.
Income tax — Indians — Section 87 of Indian Act contem plating specific personal property qua property and not taxa tion in respect of taxable income as defined by Income Tax Act, which is not itself personal property — Tax imposed on respondent not taxation in respect of personal property within meaning of s. 87 — Appeal allowed, judgment of the Trial Division reversed, and the assessment for respondent's 1975 taxation year restored — Indian Act, R.S.C. 1970, c. I-6, s. 87.
APPEAL. COUNSEL:
J. P. Fortin, Q.C. and W. Lefebvre for appel
lant (defendant).
M. Menczer for respondent (plaintiff).
SOLICITORS:
Deputy Attorney General of Canada for appellant (defendant).
Wyatt, Menczer & Savage, Ottawa, for respondent (plaintiff).
The following are the reasons for judgment rendered in English by
HEALD J.: We are all of the view that there are no significant distinctions between this case and the Snow case (Snow v. The Queen [1979] C.T.C. 227) where this Court held: "section 86 [of the Indian Act'] contemplates taxation in respect of specific personal property qua property and not taxation in respect of taxable income as defined by the Income Tax Act, which, while it may reflect items that are personal property, is not itself per sonal property but an amount to be determined as a matter of calculation by application of the provi sions of the Act."
We have accordingly concluded, for the reasons given in the Snow case referred to supra, that the tax imposed on this respondent under the Income
Now section 87 of R.S.C. 1970, c. I-6.
Tax Act, S.C. 1970-71-72, c. 63, is not taxation in respect of personal property within the meanings of section 87 of the Indian Act.
The appeal is therefore allowed, the judgment of the Trial Division [[1979] 2 F.C. 228] is reversed and the assessment for the respondent's 1975 taxa tion year is restored. As agreed between the par ties, the respondent is entitled to his costs, to be taxed as between solicitor and client, both here and in the Trial Division.
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URIE J. concurred.
* * *
LE DAIN J. concurred.
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