Toronto: The Ontario Superior Court has released its decision in the matter of the Canadian Taxpayers Federation and John Williamson and Dalton McGuinty, Greg Sorbara and the Crown in Right of Ontario. The application has been dismissed.

The CTF was asking the court to determine whether the Ontario Health Tax violated the province's Taxpayer Protection Act (TPA) because it wasn't subject to a referendum. The court was also being asked to declare Mr. McGuinty in breach of the contract he signed with the CTF during last fall's election, the Taxpayer Protection Promise, wherein he promised not to raise taxes or run deficits and to respect the TPA.

"The CTF is disappointed with the decision, but not disappointed that we took this matter to court," said CTF Ontario Director Tasha Kheiriddin. "We did everything we could to hold this government accountable for its broken promises and will continue to do so by all means available to us."

Continued Kheiriddin, "We would like to thank the thousands of Ontarians who sent donations and words of encouragement in support of our case. Without them we could not have taken this action forward. We feel it was important for them to have their day in court."

"We wanted to know whether the TPA actually does protect taxpayers, and whether politicians can be held to their election promises," added Kheiriddin. "Unfortunately, this judgment's answer to both questions is no."

In the judgment, Justice Paul Rouleau held that nothing in the Taxpayer Protection Act prevents the Legislature from exempting future legislation, such as taxation bills, from referenda. He also writes that "it is not the role of the courts - to intervene to enforce - promises and pledges. Rather, the remedy is for the electorate to consider and weigh the record of each candidate and party at the time of voting and in the intervening period to trust that the power entrusted to minister will be 'exercised from time to time as occasion may require in the public interest.'"

The CTF respectfully disagrees. "This government is not acting in the public interest," commented Kheiriddin, "It is currently open season on taxpayers in this province. According to this judgment, citizens have no protection under the law, and no recourse but to wait for the next election. This is unacceptable. We need to either strengthen taxpayer protection laws through constitutional entrenchment, or enact other legislation, like recall laws, that will allow voters to hold politicians accountable between elections."

The CTF has 30 days to decide whether to appeal the decision.