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

Council gives OK to Abbotsford’s first four cannabis outlets

Three must still get provincial government approval & government-run stores have face delays

Suspect escapes after police pursuit through Surrey, Langley, Abbotsford

Police chase involved two stolen vehicles, including one taken in Mission

Rotary Book Sale moves from Chilliwack Mall to Heritage Park

The hugely-popular book sale is going ahead Oct. 25-31 with pandemic protocols in place

Several Abbotsford schools record COVID-19 exposures in October

Two secondary schools, one middle school and two elementary schools have virus exposure

Fraser Valley Bald Eagle Festival cancelled – for good

Organizers say the event was so popular that too many people were attending to be sustainable

Green leader Sonia Furstenau promises to convert BC Ferries back into Crown corporation

Promise comes Monday afternoon with five days left in campaign

Police watchdog concludes Mounties didn’t shoot Surrey teen at strip mall

IIO finds tragic death of teenager ‘not the result of any actions or inactions’ by the Surrey RCMP

Canada ‘yet to see’ deaths due to recent COVID surge as cases hit 200,000

Much of the increase in case numbers can be attributed to Ontario and Quebec

Human remains found in recycling bin floating near Vancouver beach

Police asking nearby residents to see if their recycling bin has gone missing

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Trial dates set in White Rock manslaughter case

Proceedings against Ross Banner, 71, set for June 2021 in Surrey Provincial Court

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Glasgow found not guilty of trying to murder transit cop in Surrey

Transit Police Constable Josh Harms was shot Jan. 30, 2019 at Scott Road SkyTrain Station

Most Read