UPDATE January 24, 2015: THIRD OF FIVE LEGAL BILLS PAID
[We now have a NEW POST taking us up to May 1, 2015. This post will be retired from service.]
On August 11, 2014, Constitutional Litigator Joseph Arvay filed a FATCA IGA lawsuit in Canada Federal Court on behalf of Plaintiffs Ginny and Gwen, the Alliance for the Defence of Canadian Sovereignty (en français), and all peoples worldwide. Read Alliance’s Claims and comment on our Alliance blog.
Chers amis et donateurs,
Ensemble, nous avons atteint notre but : ramasser les fonds nécessaires pour payer la troisième des cinq factures légales de notre poursuite judiciaire.
Ramasser 300 000 $ provenant de petits dons est un exploit tout à fait extraordinaire et nous invitons notre gouvernement canadien, ainsi que tous les autres gouvernements qui ont piétiné les droits de leurs citoyens, à en prendre bonne note.
Chaque jour, nous nous rapprochons de notre but. Déjà, nous avons ramassé plus de la moitié des fonds nécessaires pour payer les frais légaux de notre poursuite contre le gouvernement canadien et l’entente FATCA.
Si nous avons parcouru un si grand bout de chemin, c’est grâce à nos deux courageuses plaignantes, Ginny et Gwen, à nos donateurs provenant du Canada et de partout dans le monde, ainsi qu’aux administrateurs des sites Internet Isaac Brock Society et Maple Sandbox. Ils permettent tous à nos voix d’être entendues.
Merci !
L’équipe de l’ADSC
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Dear Friends and Supporters,
Together we have reached our goal of paying off the third of five retainer fees for our Canadian FATCA IGA lawsuit.
Raising $300,000 from small donations is a pretty amazing achievement and we ask the Government of Canada, and those other governments who have also tossed away rights of their citizens, to take notice.
It’s still a marathon, but we are more than half way to pay off the Federal Court legal costs.
We have come so far because of our brave Plaintiffs, Ginny and Gwen, our Canadian and International donor-supporters, and the administrators of the Isaac Brock and Maple Sandbox websites who make it possible for our voices to be heard.
Thank you all,
—The ADCS-ADSC team
@Anne Frank
Excellent comment.
One aspect that I think the lawyers might also consider is that these IGAs are, according to something that Prof. Christians wrote, sole executive agreements rather than congressional executive agreements. If that is the case, they are not binding on Obama’s successor from what I have read on sole executive agreements.
@Publius, we are learning that from the proposed illegal immigration amnesty coming out today.
@AnneFrank – Every post that you do makes me more grateful for your analytical skills. Thank you. Please dont stop now. Rant all you like but also keep the cold clear analysis going. Thank you again and again.
@George – Canada revoked its adherence to the 1930 convention in 1996 because one of the preambles to the Convention includes a policy against dual nationality. Canada does not discourage dual nationality. I don’t think the issue of encouragement or discouragement of dual nationality detracts from the other points of the Convention which have been widely adopted in the domestic laws of countries, including Canada and which have come to reflect customary international law. The relevant aspect for our case of course is the Master Nationality Doctrine which has certainly become a part of the fabric of international law and whose development was in part codified by this Convention. The Convention doesn’t “make” or “break” the Charter case per se. It merely provides some context for a portion of the argument.
I asked the question whether, historically, there has been anything like FATCA imposed by one country on all other countries of the world. @Badger and @Northern mentioned economic trade sanctions, and EmBee reminded me of Caesar Augustus’ tax on the world.
I suppose economic trade sanction is the closest parallel. See for example what the U.S. is doing to a bank in France that violated a trade sanction: http://www.reuters.com/article/2014/07/01/us-bnp-paribas-settlement-idUSKBN0F52HA20140701
But I will argue for the moment that the U.S. imposition of FATCA on the world has no direct precedent.
What is the precedent for one country to deliver economic harm to any country worldwide that, in effect, does not agree to change or ignore its internal constitutional, discrimination, and privacy laws that protect its citizens, in order to accommodate a “law” (FATCA) unilaterally imposed by that one country? What is that precedent?
I will argue that the action of the United States in imposing, the way it did, FATCA on the world is historic.
Just thinking out loud here…. We’ve seen the stories of a few Canadians and how the actions of the Us government and how the response from the Canadian government is effecting their lives. These stories have come out to the media and certainly are helping get the word out. These people are courageous enough to tell their side of what has happened here. When I read Anne frank’s writings, I want to tell her someday. in person, a very huge “thank you” for her opinions and hard work for me and you and all of Canada. But, there are so so many untold stories from people and their family members out there that have not yet been written or told to anyone except close family members. I want to say to those who read here that I really want to hear from you and all of your family members on how this is changing your lives. I want to hear your thoughts, fears, angers and all the emotions this is causing you. The number of people looking on here is incredible and I can only feel that there are a lot of scared, unsure, and worried people and family out there that have not yet either written of commented on here. If at all possible, can we set up some sort of folder, heading, or “place” for people to write in and let us know with complete anonymity? I do not know how many “real life” experience letters the Arvay team has at this point, but when I read “Canadian Cop’s” letter recently, that made this “reality” that the Canadian government placed on people really hit home. I hope everyone who reads here can find the courage to tell us all from your and your family’s hearts how you feel and how this has changed your lives. We ALL need to stand together for each other and for ALL others who have no idea what is in store for them. Thank you ALL, you are my extended family.
@George – just to close the loop on the Hague Convention on Nationality: while it has only been ratified by a relative handful of countries (and Canada subsequently revoked its adhesion due to the position the Convention takes against dual nationality), the following article about the Arar case notes that it largely codifies customary international law: http://www.ejil.org/pdfs/17/2/79.pdf
I don’t think we need a whole lot from international law for the Charter Challenge beyond establishing how much at odds with international law deploying IGA’s to impact adversely Canadians living in Canada is (and thus how undeserving of a finding of justification in a free and democratic society under s. 1 the Charter violations would be).
NativeCanadian,
Thanks for extending your invitation to all those who are reading but have not found the courage to speak, even here. I hope they gather some of the support and information they need and that they will one day say how US citizenship-based taxation has affected them and their loved ones. We are all in this together — and as seen here, we very much can help one another for no one really understands unless they are also going through the absurd horror. Speaking out in whatever way will help.
Has your life been stolen from you by the IRS? is one of the older posts that highlights what US-defined *US Persons Abroad* now go through where confidential comments could continue: Has your life been stolen from you by the IRS? Readers will know they are not the only ones / they are not alone in this — and we can fight back. One way of speaking out is our contributions to http://www.adcs-adsc.ca/.
@ mettleman
I agree with mounting a huge celebration, but let’s hold on buying the champagne just yet and get those donations rolling so we can get through the courts. Here’s a reminder of another way to encourage donations: From now until New Years I am pasting this below my signature on EVERY email I send (already have gotten some replies of interest from mere acquaintances and businesses/charity-donation folks) Feel free to copy and use on your emails (in Canada and abroad) – – bit by bit spread the word:
In this season of heartfelt giving, please consider making a small (or not so small) contribution towards the repair of Canada’s Charter of Rights and Freedoms. It was recently undermined by the US law known as FATCA (Foreign Account Tax Compliance Act) and our federal government’s IGA (Inter-Governmental Agreement) to implement this foreign legislation at the expense of long-established basic legal principles. With the stroke of a pen, this IGA instituted 2nd class status for over 1 million Canadian citizens and legal residents based solely on their national origin or parentage. For these individuals (and their families and business partners) rights to privacy have been retracted, particularly in relation to personal and financial information.
The Alliance for the Defence of Canadian Sovereignty (http://www.adcs-adsc.ca) has mounted a constitutional challenge against this violation of Canadian laws to accommodate the demands of a foreign country. This sort of legal challenge is quite costly. If you too hold dear the principles of equality and privacy that have long evolved within the legal framework of this great nation, please help support this historic endeavour.
If you need further information, feel free to ask me or go to either the above mentioned website or http://www.isaacbrocksociety.ca.
All best wishes for a happy and healthy holiday season and New Year.
@Anne Frank, Thank you for the pdf link…..
I have to wonder if the USG has gone too far and scuttled their own position. The pdf link talks of clinging nationality a term that I like to use and one I hope the ADCS will use abundantly.
It was especially interesting to see how the article discussed how some countries have made renunciation effectively impossible.
I wonder if the USA has now fallen into this situation effectively violating the UN Declaration of Human Rights, “(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality?”
Have they gone the bridge too far with the exorbinant fees, two required meetings at often great distance, multitudes of State Department forms, multiple IRS requirements that can not be competently completed without expensive professional help.
Renunciation of USC flies in the face of requirements of Canada, the UK, Ireland, Germany most of the West.
Would a non-US Court look at the US as a rogue nation with all its hurdles put in the path of those wishing to change nationalities in accordance with the UN Declaration?
Has anyone gone onto live links like http://video.foxnews.com/v/3607303564001/overtime-chat-live-with-outnumbered-hosts/# too raise the FATCA and CBT matters ?
@NativeCanadadian State sponsored financial terrorism.
I have also quoted Canadian Cop:
“I find out that my government does not consider me to be a Canadian, but has rubber-stamped the US designation of me as a US person who just happens to be living in Canada. “
“If there actually are now degrees of Canadianness, to me those who are “most” Canadian are those who are going above and beyond the call of duty to force back the IRS barbarians at the gate that the Canadian government left open for them.”
“… these IGAs are, according to something that Prof. Christians wrote, sole executive agreements rather than congressional executive agreements. If that is the case, they are not binding on Obama’s successor from what I have read on sole executive agreements.”
Easy come, easy go. Watch how fast the IGAs go once the American banks make enough noise about reciprocity demands from contracting states.
I just posted this below the intervieuw of Obama on You Tube : https://www.youtube.com/watch?v=6Q_Xk66gsRU
ImmigrationAction will hand over toxic US citizenship due to CBT (citizen based taxation) and FATCA to another 5 million people. A real shame. Obama probably wants to compensate the probable loss of 5.5 million americans living abroad who are seriously thinking of giving up their toxic US citizenship. Americans face financial descrimanation while living abroad : FATCA Explained in 4 Minutes… https://www.youtube.com/watch?v=Y-EVF7CZt_w
Share this, comment on it also. Let everyone know why it’s a bad choice to become a US citizen. Speak up and tell the world. Don’t be afraid, I’m not, I’m furious, stand up for our rights. Our right to live a normal life abroad without being prossecuted by our own country god dammit.
Anne Frank:
Thank you for your extraordinary work. I sincerely hope your comprehensive analysis will find its way to the ears and brains of those “south of the 49th” in addition to those here at home. You have hit the mark at its heart. My deepest thanks!
After ditching FATCA, the Canadian government can enhance the Canadian dollar as the world’s reserve currency. One impediment to investment in Canada is that if I buy a GIC I have to buy Canadian dollars at the bank’s SELL rate and then when I want to redeem the GIC I would have to sell those Canadian dollars at that bank’s BUY rate, which would negate the interest. Bankers need to use the interbank rate to encourage business. Now, if somebody crosses the border with over $10,000 cash it has to be reported at BOTH US AND CANADIAN customs. However, if they are not stopped at US Customs prior to exit, they know they got away with it except then they must report in Canada. Now, if Canadian law would allow the driver to clear customs and proceed directly to a bank and deposit all the cash, then there would be no need for Canadian bureaucrats to take a report, because the bank would maintain a paper trail which would be searchable with a warrant. Making sure the driver brings the cash to a bank would be one issue. However, they need to establish that the cash won’t be stolen by US Customs
If you’re leaving USA and they are doing exit customs, then you still haven’t broken any US laws, as this is the place where you’re supposed to report the cash. Report it.
Interesting story re Boris Johnson at http://www.theguardian.com/politics/2014/nov/20/boris-johnson-us-tax-bill#start-of-comments
Maybe some of the bees might like to comment over there.
@Tom
Note that the homelanders most likely to dismiss 7 million renunciations as insignificant are likely the same people who’re outraged at the significant (and lesser) number of people being granted amnesty.
Would Ginny be willing to submit her advice to Boris to Robert Wood at Forbes or to one of the many publications writing about this?
Noticed that he gross page views have now reached 14.233 Million (13.633 +0.6 on old site). Clock keeps ticking. Hopefully more people gaining information as to what is now or is soon about to hit them.
We should as Kenya to practice CBT and FATCA. Obama’s father was Kenyan, it’s written on his Hawaïen birth certificat.
He should be fileing in tax forms and paying his income taxes to Kenya.
Anne Frank:
Canada may no longer be an adherent to the 1930 Hague Convention on Nationality but the United States appears to have adopted its principles into its own nationality laws, to which the U.S., presumably, still adheres. Here’s a quote from the U.S. Department of State Foreign Affairs Manual Volume 7: Consular Affairs:
“It is a generally recognized rule, often regarded as a rule of international law, that when a person who is a dual national is residing in either of the countries of nationality, the person owes paramount allegiance to that country, and that country has the right to assert its claim without interference from the other country.”
(Note the words “without interference”.) There is nothing in this sentence to indicate that taxation issues are an exception. I guess this matter would have better application in a suit against the United States rather than Canada but I still believe that Canada should have used this statement as a weapon against FATCA. If FATCA is not “interference” by a foreign country against the lives of so-called “dual nationals” I don’t know what is.
I regard the ADCS lawsuit against the Canadian government not only as a Charter Challenge but as a case of “breach of promise”, the promise most basic to any government, that of protecting its citizens from harm. We are all, at this moment, exposed to great harm by our own government and so I continue to hope that Mr. Arvay and his team will not hesitate to use this line of attack. The 1930 Convention doesn’t even need to be mentioned. U.S. law alone supplies the ammunition.
@Muzzled, very true. Once you become a citizen of Canada or whatever its a two way street. You give allegience to that Nation and you expect that Nation to recognize you solely its own.
Thanks for your thoughtful comment, MuzzledNoMore. Breach of promise from the US DOS Foreign Affairs manual “as a rule of international law” — betrayal from the government of the country we live in that we are not as protected by the Canadian Charter of Rights and Freedoms as any other Canadian (and privacy legislation in other countries) = big loss of trust by all US-defined *US Persons* Abroad.
Steven TRACY,
We have seen that suggestion many times, but for Kenya to do so that country would also have to have citizenship-based taxation law as that of the USA. It’s an analogy of the hypocrisy for sure, but that is all it can be.