In how many ways should CANADIANS who are deemed US citizens have US law take precedence over Candian law? Will it be only about US taxation and financial reporting to the US of those deemed US Persons in Canada — or will it extend to what passport we use to travel to other countries, perhaps firearms laws, capital punishment laws, etc.?
Just how many of our rights under the Canadian Charter of Rights and Freedoms will you vote away now that you determine it OK that Canadian financial privacy of deemed US Persons is no longer their right as you condone discrimination by US national origin? I ask because of the following that appears on the Toronto US Consulate web site:
Another question on dual nationality: Is it okay to travel outside of the U.S. on my other passport?
“While the U.S. does not prohibit dual nationality, Americans must comply with U.S. laws (e.g. federal and state taxes, selective service, and foreign assets control) regardless of their location. Thus, a dual citizen who travels to Cuba on a Canadian or other passport, may violate U.S. law and be subject to criminal or civil penalties.”
As Kathy asks:
I wonder if all those bankers and Conservative MPs would be happy to have our duals going to Cuba for a winter vacation being charged as criminals. They’re US citizens, so they have to follow US laws even if they’ve spent their entire lives in Canada, right? That’s what they said about filing US taxes. So I guess we can assume that they’re OK with Canadian duals not traveling on a Canadian passport? And we can assume that they’re OK if a Canadian dual travels to Cuba on a Canadian passport and then is charged as a criminal by the US?
George comments and poses questions to ask Canadian MPs:
Will Canada enforce the US restriction on travel to Cuba of a Canadian Citizen, resident in Canada, with “clinging US nationality,” who travels on holiday to Cuba with his/her Canadian passport?
I would like to suggest a letter writing campaign bringing this to the attention of various MPs and asking if Canada will enforce this ban and aid the US Government. The reason is that it will flush out the sovereignty question.
Must you have a CLN to travel to Cuba on your Canadian Passport?
Or can you travel to Cuba on your Canadian Passport if you have a reasonable explanation of why you do not have a CLN despite having relinquished your US citizenship?
If you have an unambiguous place of birth in the USA can you travel to Cuba on your Canadian Passport at all?
Dash1729,
I have no idea. If, for instance, we are asked “Are you or have you ever been a US citizen?”, what is the appropriate answer?
Perhaps, as was suggested some time ago but what I had written on my hand has worn off, we should respond: “Are you also going to ask me my religion and my sexual orientation?”
@Blaze
‘Do you really think the government will just accept “I’m not a US citizen?”’
Yes I do. I think that if you are a Canadian citizen residing in Canada and you file a W-8BEN with your bank, it will be taken at face value.
‘Do you really think they won’t do everything they can to fight us on the legal challenge?’
I don’t know enough about the legal challenge to answer that. But to launch a legal challenge, I think there would first need to be some violation of your rights that has occurred. If you advertise your “US personhood” to the bank and then challenge them on privacy grounds for revealing your details to CRA and IRS, then you may have a strong case. If you simply describe yourself as a Canadian citizen, period, no drama, you won’t have a case because that information will be taken at face value.
@calgary411
That’s a good point. Googling that phrase seems to show that, at present, it seems to mainly be used on application forms for bank accounts in the UK, not Canada. IIRC the UK does NOT have a constitution like Canada and many other countries. But if they did start asking such questions in Canada I could see it being a basis for a Charter challenge. I think it would depend on whether they were willing to distinguish between the two cases–current versus former US citizen–and what evidence, if any, they required to back up a claim to former citizenship.
@bubblebustin
C-24 sounds quite disturbing although it is a separate topic from the main thrust of this thread.
@Dash1729
It’s relevant in the fact that a growing number of people are objecting to some of these laws that the Harper government is looking to push through and it might benefit us to observe how by whom this resistance is being made. We may have some natural allies by virtue of the fact that there are a growing number of groups in opposition to what the current government is doing on many levels. I think any of us can relate to another group that object to being treated as “second-class Canadians”, don’t you?
I like Publius “You can imagine what some Brockers might want to do with a tank!”. If I was drafted in 1984 I would not have done that, but this is 2014. I can imagine the NSA is monitoring this site so I will say no more. The military draft is totally out of date.
Swiss passports don’t show place of birth. Maybe that should be considered for change in Canada?
@Fred
“The day that they try to impose some hilarious bullshit, is the day I defect in a very public manner.”
I haven’t heard the term ‘defect’ in quite some time. Is there anything more to that than a mere symbolic act? Surely it won’t get you a CLN.
@notamused
Very vocally and very publically making an asylum plea and citing all the endless crimes of the US government as reason enough. The NSA crap is enough as it is to make any “frenemy” nation happy to go along for some political points.
@Fred
Sounds good – go for it! 😉