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ARTICLE · 23 FEBRUARY 2021

God's Law Is Not Supraconstitutional

Gardiner Roberts LLP
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Although Part 1 of Canada's Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c. 11 references "the supremacy of God", this does not in any way mean that the law of God...

CanadaGovernment, Public Sector
Stephen Thiele
Stephen Thiele
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Although Part 1 of Canada's  Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c. 11 references "the supremacy of God", this does not in any way mean that the law of God has supraconstitutional status. Accordingly, any claim in which it is contended that "God's law" is supreme will face close scrutiny and be prone to early dismissal.

In the recent Alberta decision of  Gauvreau v. Lebouthillier, 2021 ABQB 108, the court was required to deal with a claim that sought $100 million in damages from the government for the overpayment of taxes, plus interest at 10% per day on the grounds that the defendant Minister of National Revenue had no statutory authority to require the plaintiff to file income tax returns.

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