But a major obstacle to all this is Canada’s Charter of Rights and Freedoms, which prohibits (Section 15.1) discrimination based on several criteria, including “national or ethnic origin.” Constitutional expert Peter Hogg has pointed this out in a five-page letter to the Finance Department, which is co-ordinating the IGA negotiations with the US.
“In my opinion, the procedures mandate by the Model IGA are discriminatory in a way that would not withstand Charter scrutiny,” Hogg says in his letter. “These procedures effectively treat individuals differently, and adversely, based on an immutable personal characteristic, specifically citizenship. If Parliament were to enact legislation authorizing and permitting this type of differential and adverse treatment, the legislation would contravene the equality protections in section 15 of the Charter.”
Opinion: Creating tax misery for nearly seven million U.S. expatriates
By Don Whiteley, Special to The Vancouver Sun March 12, 2013
This really should not be a post by me but am so excited by this, had to at least share the link. Tim mentioned over at MapleSandbox that something good would be coming in the next few days and to keep an eye on Vancouver Sun. I went over right away, and there it was!
Good comment Em, like the way you worked FATCA in there.
And I liked the irony of this;
“…Rep. Jim Sensenbrenner, the Republican author of the Patriot Act, sent a letter to Attorney General Eric Holder that says he is “extremely disturbed” by reports that the National Security Agency collected phone records from Verizon customers and insists it violates the law.
“These reports are deeply concerning and raise questions about whether our constitutional rights are secure,” the Wisconsin Republican said
Read more: http://www.politico.com/story/2013/06/jim-sensenbrenner-nsa-violated-law-92348.html#ixzz2W48l2Ep6
…”
@badger,
Wow, great finds! Off to tweet them! Thanks.
Em, I did have in May a 1/2 hour meeting with my MP, Michelle Rempel (what can adequately be presented regarding US citizenship based taxation and FATCFA for US Persons in Canada in only 1/2 hour?).
Based on the new information we need clarified on what Marie has garnered (http://isaacbrocksociety.ca/2013/06/26/its-time-competent-authority-confirms-canandian-fatca-iga-to-be-signed-summer-of-2013/), I will be further corresponding with her office tomorrow.
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