Jennifer Hollett is running again Linda McQuaig (FATCA supporter) for the NDP federal nomination. You can reach her about FATCA at her website:
http://jenniferhollett.com/
Jennifer Hollett is running again Linda McQuaig (FATCA supporter) for the NDP federal nomination. You can reach her about FATCA at her website:
http://jenniferhollett.com/
The combined effects of:
– this being a by-election (no competition for people’s attention)
– the fact that it is Bob Rae’s riding
– the large number of candidates it is likely to attract
– probably nominee Linda McQuaig’s love of FATCA
provides an opportunity to bring FATCA into the public consciousness.
Excellent point, USCitizenAbroad. One thing I can think of is it would a good idea for Toronto Brockers to go the candidates’ debate and pose the FATCA question. Also to bring copies of a one-page info-sheet on FATCA, with the Brock website-address on it, to hand out to people.
No response from either Jennifer or Linda. Typical.
I am delighted to report that, in response to a post I put on the website of Jennifer Hollett, who is McQuaig’s chief opponent in the NDP nomination race for Toronto Centre, and who recently was endorsed by Paul Dewar, my MP and the NDP Foreign Affairs Critic, I now know that Hollett and her team are concerned about the problems with FATCA. In my opinion, Hollett deserved the support and vote of every Toronto Centre resident Brocker or Sandboxer who is or can justify becoming a member of the NDP in time to vote at the September 15 nomination meeting.
Here is what Jennifer’s campaign lead replied to me:
“As you’ve identified, there are many issues with FATCA that are deeply problematic and very concerning. It’s something we are keeping a close eye on. I understand that the NDP have been pressing the Conservative government for answers on FATCA, and I would be interested in knowing more; if you could forward me your five page email, I would be very grateful.”
The five-page email she refers to, which I mentioned in my email post to the campaign website, appears here on Sandbox:
http://maplesandbox.ca/2013/black-fly-time/
Jennifer Hollett’s campaign website is here:
http://jenniferhollett.com/
OK, Toronto-Centrists – this is your chance to make a real difference, if even a small one, to the political battle that is shaping up over FATCA and the IGA. If you sit on your hands, you have no more sympathy or support from me, and I don’t want to hear any more moaning about what FATCA may do to you. In a phrase, “put up or shut up.” Just do it. Get out there and vote for someone who wants to be your MP and who isn’t going to roll over for the IRS. McQuaig isn’t that person, and Hollett is, as far as I can see anyway.
I live in the USA as a dual Canadian-US citizen. My most recent Canadian riding of residence was Toronto Centre and have been registered to vote in the past as an international elector. As it looked like I might be passing through Toronto on business around Sept 15, I looked into participating in this event. It is unclear whether Canadian citizens residing outside Canada are eligible in party politics–even if properly registered as voters in their ridings.
The response from the NDP has been disappointing so far–my mailed request to join the NDP (delivered about 3 weeks ago) was ignored as was my follow up to the NDP by email (about 1 week ago). I did get a short email reply from Jennifer Hollett but she said I needed to be a resident to participate.
Thus far I have also not heard back from Elections Canada regarding my request to re-register as an international elector in Toronto Centre. Perhaps it is too soon–perhaps I cannot expect to hear back until there is an actual electoral event (ie the by-election is scheduled).
Still, it is a bit disappointing, as a US-resident dual citizen, to be treated as persona non grata by Canada much as it seems the US treats dual citizens resident in Canada.
Looks like my business trip has been pushed back, so I wouldn’t have been able to participate on Sept 15 anyways–but the lack of response (except from Jennifer Hollett) is disappointing.
Dash1729,
It is indeed disappointing that your former Canadian riding treats you the same as the US government representatives treat US Citizens Abroad.
@calgary411 Agreed. Of course, I think there are many Brockers who would gladly give up the right to vote in US elections if it meant they could also give up having to worry about CBT. But I’d still prefer to have a voice as some of these issues (esp FATCA, FBAR) may affect dual citizens resident in the USA too–and I definitely have the same views as Brockers regarding what should be done regarding FATCA, etc.
I’m going to have to disagree with you on this one.
All political parties in Canada require that you be both a resident of the riding, as well as a member of the party (and a Canadian citizen, and certify that you aren’t currently a member of any other party) before you’ll be allowed to vote in the nominations meeting in a riding, whether for a by-election or for a general election, federal or provincial. That isn’t just the NDP, nor is it fair to hang this one on Hollett. Those are the rules, and she’s as bound by them as you are.
Elections Canada has no say in the matter at all. Riding nomination meetings are not governed by Elections Canada, nor does the voter list for the riding as established by Elections Canada have any relevance in the nomination meeting for a party in a riding. Elections Canada is responsible for the actual by-election, as well as the general election, federally and I believe also provincially (at least in Ontario). But the parties determine their own processes for selecting nominees to be placed on the ballot, and my understanding (at least for the NDP) is as described above. I’m pretty sure it’s the same for the other parties, certainly for the Tories and the Liberals from what I’ve heard (I’ve never belonged to either of those parties). And this applies to nominations for provincial, as well as federal, candidates for parliament. I know for a fact that what I just described is the way it worked in the recent nomination meeting for the Ontario NDP for candidate selection for the next provincial election, whenever that is held. (This is so far the only nomination meeting I’ve ever attended in Canada, because it was only in 2012 with Jack Layton that I ever bothered to join the NDP though I’ve generally always voted for them provincially and federally since I became a Canadian citizen.)
These requirements are of course very different from what happens in the US during party primaries, in those states that have primaries. Not all states have primaries, in some states the parties choose candidates during nominating conventions open only to party members, generally I think with residence requirements. Primary elections also have residency requirements, at least in the state where I registered voters for the 1968 Democratic primary on behalf of Senator Eugene McCarthy (anti-war candidate). However you don’t have to be a party member to vote in a party’s primary, nor are you limited to voting in the primary of the same party in whose primary you last voted (though if you switch, you may get grilled a bit at the polling station, but they can’t legally turn you away as far as I recall at least in that state). However you can only vote in one party primary, not in both. (Same as in Canada, where parties won’t accept your credentials in a nominating meeting without your signed declaration that you aren’t a member of any other political party and that you are a citizen and a resident of the riding, that’s part of the party membership form you have to fill out and pay a nominal fee for before you’re given a card entitling to vote in the nomination meeting.)
I’m not sure if out-of-country citizens are allowed to vote in by-elections, nor even in their former riding in a general election, someone can maybe address that. But I suspect it would be very difficult for such a person to get on the voter’s list. Most people on the Elections Canada voter’s list, at least me and my wife, get there by filling out the box at the bottom of page one of our federal tax return, permitting Canada Revenue Agency to share our names and addresses with Elections Canada, if we sign the statement certifying that we are Canadian citizens (the only place on the tax form where it asks you about your citizenship). Completion of this Elections Canada box is voluntary and optional; CRA doesn’t care whether you fill it out or not, as long as you don’t falsify it. However, most tax filers are Canadian residents and the address Elections Canada is given by CRA is the address on the tax form. If you’re filing from out-of-country because you’re a deemed resident or have Canadian income you have to report to CRA, I’m not sure what they or Elections Canada would do if you filled out that little box.
Elections Canada can certainly tell you whether you’re entitled to vote in the Toronto Centre by-election. But I’m 99.9% certain that, as a person not currently residing in the riding, neither the NDP nor any other major political party is going to let you vote in that party’s nomination meeting in the riding. And I’m 99.99999% certain that if they don’t let you vote in the nomination meeting on the basis of non-residence, you have zero recourse in the courts or with Elections Canada.
I’m not saying that’s fair or unfair, I’m saying that’s my understanding of how it works here. Someone can correct me if I’m wrong, but I’d want to see some web links to prove it …
Having said all that, I appreciate very much that Dash1729 at least thought of trying to vote in the nomination meeting, even though it turned out he can’t. At least he made the effort and his heart is in the right place. Residents of Toronto Centre, please note … there are former residents of your riding who would like to be able to vote in that meeting and can’t; unless you’re not a citizen or are already a member of another party and don’t want to switch parties, please give that September 15 meeting careful thought. (I’m hoping the riding association is still taking memberships for that meeting; I recall from the Ottawa Centre provincial meeting I attended there was a cut-off for joining and being eligible to vote, but as far as I recall it was only a couple of days before the actual meeting. The party does get $25 or so from people when they join, so they’re not likely going to be in a rush to cut off memberships. Maybe you can even join at the door, as long as the balloting hasn’t started … but email Hollett or the riding association and check that out in advance.
@schubert1975 Thank you for your reply.
This is my second time posting this–I had trouble with the href on the previous attempt–hopefully a moderator can delete that posting–sorry about that.
There is not supposed to be anything difficult about registering to vote from outside Canada. I have done so in the past without difficulty. However, I strongly suspect that, just as you don’t seem fully familiar with the procedures, Candidate Hollett as well as the NDP head office in Ottawa may not be familiar either. It has nothing whatsoever to do with tax forms if you are resident outside Canada. A Canadian citizen residing outside Canada need not be a tax resident to vote.
A Canadian living outside Canada fills in and faxes/mails in the following form:
http://www.elections.ca/vot/reg/svr/ec78500_e.pdf
As long as the Canadian has been living outside Canada for less than five years since the last VISIT to Canada, and intends to resume Canadian residence at some date in the future–possibly the distant future–they are supposed to be eligible to vote. See the following website:
http://www.elections.ca/content.aspx?section=res&dir=rep/off/sta&document=stat07&lang=e
The Canadian citizen is then registered to vote in a particular riding, usually the riding of last residence in Canada. It would be difficult to do this using tax forms, because if someone is in fact paying taxes from outside Canada providing an address outside Canada, it would be difficult to know what riding to assign them to.
There is no question that Canadians abroad can vote. What I’m NOT 100% sure of is whether a Canadian living abroad can participate in the Canadian political process in other ways–for example by joining a political party or participating in a nomination meeting. So far the NDP has not even allowed me to join–let alone participate in the nomination meeting. I’m trying to figure whether that is a matter of NDP policy or Canadian law. So far I don’t have a clear answer.
It would seem very strange to bar someone who is a registered voter in a riding from participating in that riding’s political process if they meet all other criteria as a matter of party policy. I suspect that if all major parties have the same policy, it is more a function of ignorance of the fact that Canadians abroad can vote on the part of all major parties–as opposed to well thought out policy.
There is also no problem with voting in a by-election versus a general election as I voted from abroad in the 2008 by-election that elected Bob Rae as well as the general elections of 2008 and 2011.
One can legally vote from abroad in all US elections–this includes primary, caucus, and general elections–in my state anyways. See:
http://www.kingcounty.gov/elections/voting/overseas.aspx?print=1
Thanks for the clarification about voting from outside the country, Dash. You’re quite right, I wasn’t aware of that. I’ve never voted from outside the country nor have I lived outside Canada since moving here from the US in 1969.
Re the issue of joining a political party or voting in a riding nomination meeting: the policy for joining a party is up to the party’s constitution and not a matter of Canadian law, as far as I know.
If you go to the NDP party website http://www.ndp.ca, and look up their constitution, you find Article III Membership which says that membership “shall be open to every resident of Canada … who is not a member or supporter of any other political party.” Article XV Candidates says that the Federal Council (of the NDP) shall create the rules and procedures for the nomination of the federal candidates. (Presumably the provincial NDP parties have similar constitutions and rules; I’ve actually only ever attended a provincial nomination meeting never a federal one.)
Any way you cut it, under the current NDP constitution (this one is dated April 2013) you clearly have to be a resident of Canada to join the federal NDP — not a citizen, my mistake, interesting that … but maybe non-citizens can vote for a nominee (if the Federal Council’s rules, which I can’t find, allow that) even though they can’t vote in the by-election, only citizens can vote in federal and provincial elections. That would be a bit weird in my view, but then I think lots of things are weird these days …
I suspect the rules for NDP nominations for riding candidates require residence in the riding, given that party membership requires residence in Canada. I don’t think I’m allowed to vote in Toronto Centre’s nomination meeting, nor would someone from that riding be able to vote in an Ottawa Centre nomination meeting. I can see a lot of objections from local residents if that were to happen, I know I’d be pretty upset if some candidate could bus in people from all over the country to influence the selection of the candidate who is supposed to represent my riding. I’d never play that game myself, even if it were allowed, on the principle that if I wouldn’t like it, I shouldn’t do it to someone else.
Bottom line is this isn’t Hollett’s decision, it’s in the constitution and the Federal Council rules, and not up to Hollett (or to McQuaig for that matter).
schubert1975 – I can’t resist tossing into this stew and ado about residence and voting and whatnot that a candidate can run in whatever riding with no regard to residence. Given that, who cares where the voters come from, especially at the party nomination level? Never yet did I cast a vote that seemed to be much use. The rare jokester or fringer or outlier that sneaks across a finish line to play a singular farcical part can provide amusement, so there is one embedded shred of usefulness after all. Plus the programmatic usefulness of tossing the rascals out, whatever batch happens to be currently ensconced and feeling ever more entitled – squirt a little rust dissolver over those nuts to dislodge the screwers. Automated regicide.
According to Kady O’Malley on CBC today, the earliest probably date for the by-election is October 21. That’s because there are now four vacant seats to fill, and unless Harper deviates from the usual practice of having all by-elections on the same day (for seats currently vacant), October 21 is the earliest date for the latest vacancy.
http://www.cbc.ca/newsblogs/politics/inside-politics-blog/2013/09/tory-mp-merv-tweed-quits-to-pursue-private-sector-opportunities.html
Most writers I’ve seen think Harper will want to have all four by-elections on October 21.
Don’t count on this until the by-election dates are actually announced, but it looks likely that people in Toronto Centre, and those who know people in Toronto Centre, may have another five weeks to educate the voters in that riding re FATCA, whatever the outcome of the NDP nomination might be.
The Greens clearly are opposed to FATCA; at least some parts of the NDP have “serious concerns” about it, even if McQuaig doesn’t. I don’t have a clue what the Liberal position is on this. If Flaherty has announced an IGA before October 21 (probably unlikely), analyze it carefully to decide whether it’s a sell-out or not. If he hasn’t announced an IGA, and rumour is negotiations are still underway, I’d assume by October 21 that it’s a sell-out and I wouldn’t recommend voting Tory unless there’s a reliable indication that Flaherty is really peeling the IGA terms back (unlikely the US would agree to that though, and also unlikely we’d have any reliable information on what’s going to be in the IGA if it hasn’t been announced).
So please, Toronto folks, keep informing people, raise a few questions at the NDP nomination meeting (and at the Liberal one in Toronto Centre, I don’t know whether it’s been announced or when), and keep hammering away. Once the candidates are all nominated, take a hard look at who they are, ask pointed questions in the candidate meetings, and vote accordingly.
It isn’t over until the final vote is counted in the by-election, and every vote may count (in the nomination meeting or in the by-election).
FYI the other by-elections are Brandon-Souris (Manitoba), Bourassa (Quebec), and Provencher (Manitoba). My hunch is there aren’t nearly as many FATCA-vulnerable people in any or all of those three ridings combined, compared with Toronto Centre, so it’s probably unlikely FATCA or the IGA will have any traction as issues in those three ridings. But I could be wrong. If anyone out there lives in one of those three ridings and has suggestions, please chime in.
Good advice schubert. Plus, the Toronto/Canadian media tends to be interested in and report on the Toronto Centre riding http://en.wikipedia.org/wiki/Toronto_Centre
Toronto Brockers;
If you keep us informed as to event dates, it would be interesting just to attend the all candidate meetings and raise questions about FATCA even if we’re not able to vote in the riding.
Further words on qualifications to vote in the September 15 nomination meeting: I found this after a bit of drilling on Hollett’s website:
Only NDP members in good standing, and resident within the current electoral boundaries of the Toronto Centre federal riding, for at least thirty (30) days prior to September 15 are entitled to vote at the nomination meeting.
I assume, though it’s not clear with the punctuation, that the 30-day-prior bit refers to residence in the riding and not also when you joined the NDP, but I could be wrong. But I’m pretty sure there isn’t a 30-day membership requirement, from my memory of when I first joined and went to a nomination meeting.
No mention of citizenship, only residence, both in the above and in the NDP constitution clause about party membership. So I assume that anyone who is a resident of Toronto Centre, whether or not actually a Canadian citizen, can vote in the nomination meeting, whether or not they can vote in the actual by-election (you have to be a Canadian citizen for that). But you do need to have resided in Toronto Centre since August 16, 2013 including that date. Bring your Ontario driver’s license with you (photo ID plus address shown; if you don’t have a driver’s license, bring your Ontario Heath card — which has your photo on it — and a recent utility bill with your name, address and postal code showing on it) and a party membership card, or $25 if you plan to join at the door and they allow that for voting. Students and unemployed can join for $10 if I recall correctly.
If in doubt whether you reside in the riding, go to the following website and enter your postal code in the House of Commons box; the website will tell you what riding you live in and will give Bob Rae as your current MP if it’s Toronto Centre.
http://www.parl.gc.ca/senatorsmembers.aspx?Language=E
Here’s a dilemma for the NDP supporters and party members reading here:
Renewing or taking out an NDP membership requires the agreement with this;
“NDP Member Declaration”
“I hereby apply for membership in the New Democratic Party of Canada and the NDP in the province/territory of my residence where applicable. I promise to abide by the Constitution, policies and principles of the NDP both federally and provincially/territorially. I hereby state that I am not a member nor supporter of any other federal political party, nor a member or supporter of any other provincial or territorial party where there is a provincial or territorial NDP.”
I’m tending towards supporting the federal Greens because Elizabeth May is the only leader to come out against FATCA as an official party position. Where is the NDP leader and the official party stance and policy position on FATCA? If Mulcair and the federal party really truly believe in FATCA then they should have the guts and honesty to say so in public – knowing that supporting FATCA is contrary to the BC caucus and other individual NDP MP positions. So, can current NDP supporters and members truly say they agree to abide by the NDP policies if the NDP is refraining from stating what their policy is on something as substantially and eternally as binding as a FATCA IGA? If Linda McQuaig truly understands what FATCA entails and the impact on those of us in Canada, and still supports FATCA then I couldn’t vote for her. Same with the federal NDP. I can’t support someone who discards the Charter, our privacy rights and the Constitution for some poorly informed ideological stance. Tax evasion efforts are one thing. Canadian citizens and permanent residents who already pay taxes in full to Canada are NOT tax evaders. It is not up to Canada to help the US pay its war debts and assist it in inventing and enforcing its schemes to extract double tax and penalties from Canadian citizens and residents and confiscate their Canadian assets.
And where is that Liberal party leader on FATCA? Nary a word.
Schubert, can NDP members from other ridings merely attend the nomination meeting even if they cannot vote in the riding?
@schubert1975 Thanks for the pointer to the NDP’s constitution. Yes it looks pretty clear that I wouldn’t qualify as a non-resident. Thing this that I suspect that they are doing this to include people rather than exclude people–they want to include residents who are not citizens, I’m sure–but unfortunately in doing so they end up excluding another group–citizens who are not residents.
Anyways I don’t want to distract too much from the original purpose of this article which is Hollett’s candidacy. I agree this is not her decision. It does sound like she will take a strong stand against FATCA which I also oppose. It is just unfortunate that I won’t get to support her unless (a) I’m able to vote in the by-election and (b) she does win the NDP nomination.
@badger Elizabeth May gets mentioned here a lot. It is great that she opposes FATCA, but it would also be good to understand her reasons, especially since she is a one-person caucus. Is the Green Party opposed to FATCA as a party? Or does this represent Elizabeth May’s personal views–this is an issue that would affect her personally as she was born in the US (Hartford, Connecticut)?
Anyone can attend these meetings.
There is an opportunity to comment and ask about FATCA here:
http://rabble.ca/news/2013/08/linda-mcquaig-why-im-running-ndp-nomination-toronto-centre
It is possible that we can enter into a dialogue that might change her position re FATCA. Perhaps she does not really understand the true nature and details of FATCA as it will be applied to duals and residents of Canada. Or what the FBAR and FATCA and other financial reporting truly entails for those who don’t even have any substantive or economic relationship to the US. Or the extent to which the US is punishing us for our legal local already taxed savings accounts and assets in Canada. Or the cost of professional help with reporting from abroad for those who attempt to be and stay US tax compliant.
Dash1729,
I think it is irrelevant that Elizabeth May was US born. So was I. Does that mean that her position is not valid? Or mine? If the federal NDP position is to support FATCA then I can’t vote for them. If they refuse to take a public position and let the IGA be signed – without even raising FATCA for public debate and comment, then I can’t vote for them. Enough of us have tried to alert them to the situation, and to ask for help that I am confident that they are choosing not to take a public stance. As a dual citizen, it should be natural if Mulcair and the NDP considered how he would react if France suddenly decided to claim him as a taxable person http://www.cbc.ca/news/canada/montreal/story/2012/01/17/pol-thomas-mulcair-france.html or imposed its own version of FATCA?
The Green positions on other issues are close enough to the NDP that voting for them would not be inconsistent.
Linda McQuaig: On FATCA–still clueless
I can’t vote in Linda McQuaig’s riding, but I would advise anyone considering giving her your vote of her lack of communication. She has not acknowledged or answered any of my correspondence to her and her colleague per:
I did hear from her colleague and co-author, Mr. Brooks.
As Blaze pointed out,
Also see: http://www.progressive-economics.ca/2013/09/03/economists-for-linda-mcquaig/. I left a comment this morning, but it has not been released. It seems doubtful that this long list of “economists” are fully educated on FATCA or Ms. McQuaig’s views.
Go for it — perhaps she has completely changed.
Sorry Dash if my tone comes across as peremptory re your question about the difference – if any between the FATCA position of Green Party leader May as a US born person vs. the position of the Party itself. I am supposing that the anti-FATCA information on the Party website would require agreement from the party, not just the personal position of the leader as an individual. Not being a Green, I don’t know what their process is. I suppose that a leader of a party could make a public statement or comment based only on their opinion, but would not place such a statement http://www.greenparty.ca/backgrounder/2013-01-28/backgrounder-canada-and-fatca on the party website unless it was official.
Other parties could have obtained and made available the letter containing the opinion of constitutional law scholar Hogg http://www.greenparty.ca/sites/greenparty.ca/files/attachments/peter_hogg_fatca.pdf , but they didn’t. Why not?
The more time passes, the more it is suspect in my opinion when those in opposition to the Harper government do NOT bring up FATCA.
Why don’t the opposition parties demand to know the state of Canada’s FATCA negotiations, or make their position on FATCA known, and insist that conversations about the issues associated with a FATCA IGA should be had in public – not imposed after the fact. We know that the CBA (Canadian Bankers Association) and other ‘stakeholders’ are being apprised all along, but not Canadian taxpayers, voters, account holders and residents who will pay for FATCA implementation and be subject to it.
Do the Liberals, the NDP and the Bloc think that is okay in a democracy?
Couple of quick follow-up comments.
Before I found the reference to the residence requirement, I had sent a quick email to my contact in Hollett’s campaign. She emailed me back a few minutes ago, confirming what I’ve said, but saying everyone is welcome to attend the meeting even if they aren’t eligible to vote. Just to reinforce Joe Smith’s reply to Badger. Go there and raise a bit of hell, even if you can’t vote! Cheer for Jennifer, heckle Linda. Etc. Or be polite but ask some pointed questions, assuming there’s a Q&A. And circulate and talk with voting members.
Badger, I have to agree with you about Mulcair, though not quite about the entire NDP. The BC caucus of the NDP was pretty outspoken about FATCA, especially Denise Savoie who sadly resigned her seat for health reasons (her seat was won by the NDP in the by-election). Dewar I know is very concerned about FATCA and understands the issues; he, Peter Julian and Huoang Mai organized an excellent riding meeting on FATCA more than a year ago, which Pacifica, Deckard and I attended. I’ve also spoken with Dewar personally about this. Mulcair has never replied to my emails about FATCA, but then the only replies I normally get from MPs are robo-replies “I’m out of the office now” or Harper’s “I’m passing this on the Minister Flaherty” or Flaherty’s office reply of “rest assured this office will bring this matter to Mr. Flaherty’s attention and the first opportunity.”
What I’m saying is that either this an attention-span/priority issue with a lot of MPs, or possibly in the case of the NDP a split between people who have brains and understand the issues, and some people who frankly seem unnaturally enamoured of Obama and anything his administration does. I’m hoping to do my bit to sway the party toward the former position, but I reserve the right to jump ship to the Greens if an IGA is announced and Mulcair or the overall caucus sell American-born Canadian citizens and residents down the sewer by supporting it. Or to the Liberals, if Justin settles down and comprehends how an IGA would undermine the Charter, his father’s biggest and most important contribution as Prime Minister IMO. But I’m not holding my breath on either Justin or the Liberals.
But until the IGA, if there actually will be one, is announced and we see how the votes go, I’m holding fire and hoping for the best.