The foreign buyers’ tax in B.C. increased to 20 per cent in 2018, up from 15 per cent in 2016. (THE CANADIAN PRESS)

Court rejects Chinese citizen’s constitutional challenge of B.C.’s foreign buyers’ tax

Judge rules that the tax does not discriminate based on race or national origin

The B.C. Supreme Court dismissed this week a Chinese citizen’s challenge of the province’s foreign buyers’ tax.

In his decision, Justice Gregory Bowden rejected Jing Li’s argument that the additional property tax doesn’t discriminate against people based on ethnic or national origins, and instead focuses on citizenship.

The foreign buyers tax, which was increased by the Horgan government from 15 to 20 per cent in February 2018, was first launched in August 2016 in order to help bring repreieve to an over-inflated housing market in the province’s largest cities.

Jing, who moved to Canada in 2013 and is not a Canadian citizen, accused the province of violating the Charter of Rights and Freedoms and discriminating on the basis of race, nationality, ethnic origin or colour.

ALSO READ: Election results means more tax for foreign buyers, little change on mortgages

Jing purchased property in Langley in July 2016 for roughly $559,000, with GST of $28,000. The final payment was due that November, when the tax was in effect, and Jing had to pay an additional $84,000.

Her lawyers argued the tax imposes an unfair burden on immigrants, specifically Chinese people, whom they referred to as the largest group of immigrants in Greater Vancouver and “more likely to purchase real estate than others.”

They also urged the court to consider how the tax “perpetuates prejudice towards, and the stereotyping or disadvantages of, Chinese people in B.C.”

But Bowden sided with the lawyers representing the province, citing the expert testimony of Simon Fraser University urban studies professor Andrew Yan.

His research argues that Canadian citizens or permanent residents of Chinese descent are “equally affected by housing affordability and equally will benefit from any measures that improve affordability.”

Bowden added that the tax received “overwhelming support” among Asian people in Greater Vancouver, and that the tax is intended to address the unaffordability in the region – specifically in Vancouver – which he said has “become one of the most expensive real estate markets in the world.”


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Point-guard lobs no-look, three-pointer for Oak Bay High video

Trick-shot only took three times, says Oak Bay teen

Saanich residents sound alarm after second owl dies of rat poison

Great Horned Owl found in Kings Park killed by three rodenticides

Phase-by-phase look at how Greater Victoria Public Libraries will reopen

GVPL to quarantine returned material for a minimum of 72 hours before lending again

Cancelled cruise ships costs Victoria more than $130 million

Transport Canada bans ships until end of October in response to COVID-19

New grocery store coming to Oak Bay Junction

Urban Grocer set to bring up to 40 new jobs

VIDEO: Victoria dental staff dance to *NSYNC to promote reopening

Urban Smiles staff ‘want you back’ after closure in response to pandemic

Feds looking at ways to reunite families amid COVID-19 border restrictions with U.S.

Some families with members of dual-citizenship have become separated due to the pandemic

B.C. aquaculture farm’s employees sweat it out to raise funds for food banks

For every five minutes of exercise recorded, Cermaq Canada is donating a dollar to local food banks in communities they operate

Condition in kids with possible COVID-19 link being studied in Canada

This month, the U.S. Centers for Disease Control and Prevention issued an alert to doctors about MIS-C

‘I knew what he wanted’: Kootenay man spends hours in tree as black bear patrols below

Francis Levasseur is no stranger to the outdoors, but a recent run-in with a bear caused quite a scare

Police watchdog recommends charges against five Mounties in Prince George man’s death

Police used pepper spray on the man, who then had trouble breathing before dying at the scene

POLL: Do you agree with the provincial government’s decision to increase the minimum wage?

B.C.’s lowest-paid workers will be getting a few more dollars to try… Continue reading

Large cruise ships barred from Canadian waters until end of October: Garneau

Last year 140 cruise ships brought more than two million visitors to Canadian ports

Minneapolis cop who knelt on man’s neck charged with murder

Arrest comes after three days of protests, which escalated in violence as demonstrators torched a police precinct

Most Read