Group Plans Constitutional Challenge to Budget Bill
Ottawa – Globe & Mail
Monday, JUNE 30, 2014
by Josh Wingrove
A constitutional challenge is in the offing for a Conservative government budget bill that will allow some Canadians’ bank information to be shared with American authorities.
“The thing is an unbelievable joke,” said John C. Richardson, a Toronto lawyer who serves as ADCS co-chair. “… I am very confident in our legal position … , no ifs, ands or buts about it. In fact, if [C-31] is not a violation of the Charter, then the Charter doesn’t mean anything at all.”
FATCA applies to anyone with citizenship, even those who’ve lived in Canada for decades. Kate, a 52-year-old Canadian, was born in Texas to Canadian-born parents, and was brought back to Canada at age one. She says she’s now facing penalties for a life of not filing taxes – she didn’t know she had to – in the United States.
“I’ve never worked there, I’ve never been to school there, I’ve rarely travelled there,”said Kate, who is supporting ADCS and spoke on condition her last name would not be published. She said she feels betrayed by Canada.
“I would like other Canadians to realize that their rights and freedoms aren’t any safer than my rights and freedoms are. I haven’t done anything wrong. I was just born in the wrong country. And the Canadian government is having no problems just deciding that a foreign country can have my information. So if my rights and freedoms can be thrown under the bus, then all Canadians’ can be. That’s why I think people should be concerned about it.”
@Tricia Moon
Yes the Cons had an agenda and they were Hell-bent on achieving it. But they must also face the voters next year, so whatever we can do to enlighten people the better. Long time Brockers must be exhausted and I thank you. But your wisdom and passion are so needed still. I don’t think this thing is over until its over.James Jatras, are you still out there? I would like to know if your optimism from early this year is still there…we could use it up here in the frozen north!
Well, Putin knows blackmail when he sees it and says so:
http://www.youtube.com/watch?v=rnvedlkXXrI
The world is truly upside down when Putin makes more sense than the leaders of Canada and the USA put together! But he does.
Oops, sorry James. Just checked Repeal Fatca after not doing so in awhile. Good contributions there!
The world is truly upside down when Putin makes more sense than our leaders in Canada and the USA put together!
And while we strive to get out the message about our Charter Challenge and those committed to a challenge in the US work on their moves, this is more than likely to take us over because when this does happen the IGA our government signed to allow FATCA will be the catalyst for every asset Canada has to be sucked down the drain of a colossal US financial failure.
Canada has turned off the firewall and IGA was the button that allowed it to be turned off.
That sucking sound you hear will be the likes of Niagara Falls in reverse draining our country into the black hole of financial doom the US will become. Instead of protecting the country the govt has sold us into the slavery of financial Tsunami from which none will survive unscathed. It is of the highest order of betrayal.
http://www.moneynews.com/Outbrain/Trump-Aftershock-American-Economy/2012/11/06/id/462985/
So happy to spend a piece of this particular Canada Day out in the streets with dozens of others, burning Canadian flags. Find your true friends.
I do not believe in burning a country’s flag. US or Canadian. The flag represents the country, the people, not the politicians.
That we elect politicians and they forget who they work for is the problem we are having on both sides of the border. It has nothing to do with the country or it’s people. We respect what both flags mean to all the people. Our troops fought under our flags to bring home victory and secure our freedoms. It is never ok with me to burn a country’s flag.
The American flag stands for many good things. That the politicians are misusing the structure that is the country does not excuse this most egregious act. For the American Flag or for the Canadian Flag.
It is to be honoured as we honour our military and the country is to be revered.
That changes need to be made there is no doubt and our efforts should focus totally on that goal.
Many people go back and forth between the countries and we should be able to do that again. But the struggle is a hard one and it is one that must be fought without both borders to be successful for our foes are global and for the moment they have our countries by the throat.
For us to be successful and return our countries to their rightful place as a beacons of freedom, working together to achieve those lofty aims we need to work together.
Burning flags to piss people off does one thing: Piss people off.
Counterproductive and mean spirited.
Especially in this fight for it encompasses all that is good about both countries. So much of what we are so angry about is that the cohesion of our peoples has always been a good thing. To live in peace and liberty and to co-habitate within blended families is a blessing.
That thugs and criminals are making life hell for decent law abiding citizens is all the more infuriating. We do NOT need flag burning to add to the emotional spark.
Happy Canada Day. Remember our country for the best that she is and the best she can and will become. On Friday, Happy Fourth of July. Remember our neighbour for all the good things she is and all the good people there are. Reinforcing those good things and praying together for the strength to fight this fight, joining forces with our cousins to the South we will prevail.
We need to strive to make our founding fathers on both sides of the border proud of our effort in our time to secure our country and our people from all who would destroy us both.
@Furious…. Burning a flag will make the media and people pay attention. What has worked so far? Nothing, I thought so………………
Saw a 1.25 minute clip on FATCA on the CBC TV news just a few minutes ago, and there was a bottom-banner telling everyone that starting today that the banks will be asking new account holders to reveal where they were born. The TV news clip was very short but reasonably accurate, mentioning green-card holders & snowbirds and spouses of US citizens. But it is “fascinating” (choke, choke) that the CBC waited until now to even mention this in passing. Guess they didn’t want to scare the public before the poison land-slide was upon us (after all, Wimbleton and soccer games are so much more interesting and important…..). Or did the Harper govt threaten them to keep quiet until now???
Also found the following in the CBC website:
http://www.cbc.ca/newsblogs/yourcommunity/2014/07/fatca-tax-deal-angers-canadians-concerned-about-privacy.html
LM,
Thanks for the news about the warning banner on CBC TV.
My answer to your multiple choice quiz is “…the Harper government threatened them to keep quiet until now”! for exactly didn’t want to scare the public into what could be compared to “a run on the banks”.
Why not fly American flags upside down? According to the information I’ve found, a flag has traditionally been hung upside down when there’s an emergency threatening life and property. You’ll get better mileage out of your flag too…
Hang them upside down on the 4th of July and beyond until this issue is resolved!
Thanks LM re;
“clip on FATCA on the CBC TV news just a few minutes ago, and there was a bottom-banner telling everyone that starting today that the banks will be asking new account holders to reveal where they were born.”
If that doesn’t hit the Canadian public with the smell of discrimination and of rights being violated, what will?
If they can start demanding birthplace information as a condition of a bank or other account, obviously they can start weeding out and flagging people from countries other than the US.
And, as bubblebustin and others have noted here, this leaves
FATCA to fall on those born in Canada, but who are still deemed USpersons by parentage, (or by naturalization, or greencard holders, or snowbirds with substantial presence) in a different spot than those who are easier to identify. I am glad for any holes in FATCA that allow those without a US birthplace to fly under the radar, but this definitely treats groups of Canadian citizens and legal permanent residents very differently. Fueling the evidence for a legal challenge.
I never thought I would see the day when my national broadcaster issued a banner warning that my US birthplace was toxic, as has happened today – the kind of warning they use to alert people to other NATIONAL DISASTERS.
badger, snowbirds are already easier to spot thanks to the automatic sharing of entering/exiting info btwn the US and Canada which began in June. And really, given the amount of data collecting that goes on by our govts, the companies we interact with and the Internet/cell phone providers, who generally haven’t been all that diligent where our personal info and handing it over to this or that govt entity is concerned – NO ONE is going to stay “hidden” in the long run.
I noted in the John Richardson interview that he touched upon the fact that the US will likely slowly expand the notion of what makes a person taxable in their opinion. Soon, simply crossing into their country – physically or virtually – will likely put one at risk.
It would be nice if Canada had simply said, “Not our citizens and legal residents.” and had dug in til they had that carve out but they didn’t and there is no reason to believe that a Liberal (or even an NDP) govt will have the power to force any changes without our supreme court to back them up.
All that is left to us is a court challenge and the US will probably retaliate in some petty and some not so petty ways when the IGA is dismantled.
@Badger
So many people CANNOT be identified as US persons. This is FATCA’s fatal flaw as far as I’m concerned, you know, because of the equality before the law sort of thing. The only way this can be effectively overcome is to send the banking information of ALL customers to the CRA.
Sorry about the ifs instead if ofs. Fat fingers, small keyboard, poor eyesight
Now that’s an excellent idea, bubblebustin but I won’t go purchase an American flag to do that.
This should start the largest show of civil unrest ever seen in Canada It needs to begin with the American flag BURNED in public with CNN there. The US public needs to see the anger in the betrayal of their partnership with Canada. God dam Harper and all who committed TREASON against all of the Canadian citizens. I want to see them all hung in public for this and for the people to STOP fearing their government period! My child depends on us and so do yours!
@YogaGirl,
Just being clear, I don’t want ANYONE to be subject to FATCA in Canada if they are legal tax residents here, whether identifiable as a USP or not. I think the snowbirds are in imminent danger too, because the US keeps trying to entice them to stay longer, and there is a growing dangerous mismatch between the rules for US taxation and the the rules for extended stays/visits under a proposed extended snowbird visa http://www.theglobeandmail.com/globe-investor/personal-finance/taxes/us-visa-changes-could-have-tax-implications-for-canadians/article15561546/ http://www.thestar.com/business/personal_finance/retirement/2013/05/31/us_law_could_be_a_snowbird_tax_timebomb.html and the rules that turn them into UStaxpayers. I see that this is being discussed currentlly as the ‘snowbird trap’ here on the Townsend site: http://federaltaxcrimes.blogspot.ca/2014/06/comments-by-irs-personnel-on-new.html
More collateral damage to add to those of us with a clear US birthplace.
If they start demanding ID on our parents and children as well, I think that there really will be protests in the streets.
Only 25 comments showing now. There is a problem because I find it hard to believe that is accurate re the # submitted.
I tried to reply to wisecroneknows and my comment vaporized when I hit post.
I posted this elsewhere but here it is again. We hit Global National last night! A lot of OMG moments at Canadian dinner tables, I’m sure.
http://globalnews.ca/national/videos/program/global-national/ Scroll to approx. 14:45.