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
Re: LM’s comment:
“The US, and perhaps the entire world, seems to be moving ever faster to an uber-male stance/approach to all moral/ethical issues – – that is, the rule of law, whether it harms people or not, MUST be followed to the letter of the law and to H**L with the individual personal consequences standing in the way of “perfection”.”
And isn’t Roy Berg the perfect archetype of uber-male. So that’s what’s wrong with him!
@ NativeCanadian
Thank you for the pledge. You honour your mother well. Will you post a picture of the t-shirt?
@Calgary411
Is that $US3,661 every year based on change in account value, or does that represent a few years? Does it include compliance cost and how much is that? Also for the account I understand that the Canadian government contributed to it – how much of the US tax is on the Canadian government contribution?
JC,
No, that sum is total, not every year — total for the years from inception of the RDSP, 2008 – 2012, the year of my renunciation — all information for that account I hold in the FBARs I also filed and turned over to the US. Yes, the Canadian government contributes — which means every Canadian taxpayer contributes. Every Canadian taxpayer should be up in arms that any (even a penny) of their taxes paid to the Canadian government go to the IRS!!! Other than this, I would have owed $0.00 in US taxes. I have never seen an actual warning to so-called *US Persons* holding this from any financial institution offering. This is the only warning I know of, other than what I have been offering in comments for so long: http://www.rdsp.com/2014/03/10/rdsps-and-fatca-warning-to-people-with-disabilities-with-any-connection-to-the-u-s/.
My compliance costs from my retirement savings are over and above what I actually owed to the IRS as the Holder of the RDSP for which my son is the beneficiary (when 62) — and I hate to give that amount to anyone — a little over $42,000 — for myself and my present husband. That total includes three different cross-border accounting firms — US tax lawyers and US tax accountants, the last firm cleaning up the mistakes of the first (the middle one, based in the US, *useless as tits on a boar hog* as my deceased first husband would have described that). Also included were fees for immigration / nationality lawyers on both sides of the border regarding my son’s citizenship status and just how he could be freed from a US-defined US citizenship automatically garnered by birth to me in Canada. Answer: not possible because he doesn’t have the requisite mental capacity to understand *citizenship* and be able to renounce it — he must not have the influence or help of anyone in doing so. A parent, a guardian or a trustee cannot renounce on such a person’s behalf, even with a court order. My son has never lived or had any benefit at all from the US. I made many mistakes along the way — starting with going to a cross-border accounting firm before first confirming my US citizenship status. I continue here in the hope new persons along the way will learn from my stupid mistakes!
@Shovel
*And isn’t Roy Berg the perfect archetype of uber-male. So that’s what’s wrong with him!*
IMHO… he is an a-hole vulture invading our country & trying to turn our country into another state in the US. But since I am a nice canadian… he is just plain riff-raff that needs to be deported or stuck in the closet with our esteem Prime Minister….
Please everyone… we need to met the target amount… we are so close… donate what u can… if we don’t do this… no one will stand up for us but us
Are the federal government and DOJ hoping to wear us out by dragging their feet as much as possible – while using OUR OWN TAXPAYER FUNDS to do so?
That is what it looks like to me.
We can’t let this issue and the fate of Canadian sovereignty be decided by the Goliath-like ability of the federal government to use the resources of our own government agencies, and our own taxpayer revenues against us – they would be happy if that tactic could ensure that the FATCA IGA and legislation never even gets far enough to be tested in court.
We can’t let this legal challenge die for lack of funding.
If you haven’t sent a donation to the ADCS legal challenge, please do so right away. As Stephen says,
‘the cause is just!”.
http://www.adcs-adsc.ca/DonateADCS.html
This was sent to me by a fellow Brocker. If you think that
America is Like a Bad Boyfriend,
tell others, including the Conservative Government of Canada, as you would warn a best friend. Contribute at http://www.adcs-adsc.ca/ — we must reach our February 1st goal.
**************
This somehow seems related to Canada’s loss of sovereignty. Perhaps others are less concerned than I am of this, I don’t know!
…from 2011, but a reminder: http://www.globalresearch.ca/the-north-american-union-big-business-pushing-for-a-single-unified-north-american-regulatory-regime/24839.
@All:
“33,000” documents, eh. Well, they are going to try to bury us in delay after delay. That seems clear. IF they have trouble getting through 33,000 documents ‘with more to come’ a suggestion might be that they use the resources of the Justice department that WE pay for and get it done!
As Mr. Arvay says it is imperative that compliance in a timely manner is mandatory, then they should get a move on. The response makes it clear they intend to drag their feet every step of the way and they will most likely, if this response is any example, go before the court for a continuance for further delay. I do not know what legal maneuvers are available to force timely discovery but I sure hope Mr. Arvay knows them and will have a judge that agrees,( This is one thing that has worried me from the beginning: The courts and rulings by judges can often be fraught with delays and dangerous rulings that could represent a threat to our lawsuit) These ARE shark infested waters but ply them we MUST.
In the meantime, I , for one, have NO intention of seeing our litigation die on the vine for lack of funds!
We will do our job , never fear. And we hope and pray Mr. Arvay ,our champion, will suit up and slay this litigious dragon!
In the meantime, THIS is what governments plan for us, ours included:
http://kingworldnews.com/former-white-house-official-warns-terrifying-cyprus-style-global-endgame/
From the article:
Government Theft Has Already Begun
Eric King: “The reality is that over one quadrillion dollars of derivatives is too big for governments to backstop. So governments will have to steal money directly from their citizens, won’t they?”
Dr. Malmgren: “I hate to tell you this but that’s already begun. That process is already in place.
So, if they don’t get it one way they intend to get it ANY way.
I am often reminded of the Financial Committee meeting during which the representative from the bank sat swiveling in his chair with a smug and satisfied look on his face ( much like the Cheshire Cat) knowing all along that not one word from Lynne, or Dr. Christians or Professor Cockfield would make any difference at all, never mind the MPs who made well thought out amendments on Canadians behalf. They knew before it started how it was going to end.
It was my fervent wish that Lynne had been there in person and had got up, walked over and slapped that banker right across the face!
THAT would have made headlines and LEFT A MARK!
Our lawsuit IS that slap and we all have our hands raised in anticipation of that well placed blow!!
Bravo, Furious AC!!
Posting this as comment to keep record:
— On January 5, 2015 Joe Arvay asked Canada Department of Justice to produce an affidavit of documents because “Given the severe and irreparable impact of the Impugned Provisions on affected Canadians, we require strict and timely compliance with the discovery timelines set forth in the Rules.”
Government replies on January 5, 2015 to Arvay:
Seems to me that “Given the severe and irreparable impact of the Impugned Provisions on affected Canadians,” (per Mr Arvay and with which I concur) – and given the slow motion behaviour of the Dept of Justice (and the Govt generally in this matter), the classic, logical, interim remedy is an INJUNCTION freezing all compliance with FATCA by anyone (“FFI”s, CRA etc) pending the resolution of this case.
Just consider if the Canadian government came after me for the fake birth certificate and other ID I require to hide my wife from this unjustified search and seizure, how long they would give us to get our documents together. Please Mr. Arvay, show NO mercy to this scum government!
The cost of our challenge would be much different if the Court Challenges Program still existed. For interest, here is a brief description from Wikipedia:
The Court Challenges Program of Canada (CCP) is a non-profit organization whose stated purpose is “to provide financial assistance for important court cases that advance language and equality rights guaranteed under Canada’s Constitution”.
Its history can be traced to 1978, when the federal government of Canada began providing assistance for minority language cases. The government of Brian Mulroney created an expanded Court Challenges Program in 1985, after the equality section of the Canadian Charter of Rights and Freedoms became law. However, the Mulroney government later withdrew financial support for the program in 1992. This was a controversial decision, and was opposed by some people. The government of Jean Chrétien re-established the program in 1994, and the current CCP traces its origins to this period.
The government of Stephen Harper abolished the $5.5M in funding for the program in 2006. This was again a controversial decision, and was strongly criticized by special interest groups. The CCP no longer accepts new applications for funding, although it honours pre-existing grants and continues to process requests for reimbursement for these grants.
The program was partially restored in June 2008 for the official languages minority component of the program, under the name Language Rights Support Program.
Worst thant FATCA, the last G20 treaty in Australia has jus confiscated everyones money. All bank deposits are now automatically part of a banks capital structure.
Meaning that when the next financial crisis arrises (wich is expected soon), banks can confiscate the money of their clients to paye the debt!!!
http://ellenbrown.com/2014/12/01/new-rules-cyprus-style-bail-ins-to-hit-deposits-and-pensions/
Don’t know what to do anymore, buy gold coins and hide them I guess.
The abolishment of the Court Challenges program is the beginning of the government “dictatorship” that we now have. this was done as nobody could fight the government. this government has the public running scared. This must change….
A possible explanation? http://americanfreepress.net/?p=20909
http://www.truthdig.com/avbooth/item/is_america_like_a_bad_boyfriend_20150105#.VKuxrpg-yWA.twitter
@ Northern Strike, Thanks for the mini history lesson. It struck me: Wasn’t that slick of Harper to remove funding for court challenges, just before enacting legislation that made them more necessary than ever? He’s slicker than Slick Willy, slicker than the Teflon President. May his regime end this year!
@ nervousinvestor, You’re right that an injunction would be logical, absolutely. Is it likely to happen? I doubt it (although it would be a win-win; the banks would by law get a temporary reprieve from FATCA reporting obligations).
@FuriousAC, My DH keeps up with this kind of info (most of what he reads is over my head) and it’s scary. He’s learned that the next financial collapse will be worse than what happened in 2008 because instead of the U.S. Fed propping banks up with bail-outs, the LAWS here in Canada and elsewhere countries have since been re-written to 1) let the banks BAIL IN themselves using the money in their various accounts and 2) put the derivatives claims (hedge fund owners, etc.) at the front of the line, AHEAD of their own depositers like you and me, meaning there will be nothing left over for us; our personal savings and chequing accounts will be ransacked (probably not completely drained, but diminished). (Some speculate that it could happen as early as late 2015 or 2016; others are looking at 2018 or so).
That’s why the person cited in your article, Dr. Malmgren said “The process is already in place [for citizens’ money to be stolen].” Put another way, what used to be illegal for bankers to do with accounts entrusted to them is not illegal anymore, irregardless of the country. Bottom line: limit the money you keep in your bank accounts.
@Jan and @All:
Jan: Absolutely right. That is exactly what governments have done. Our Canadian government put the bail in provisions for the banks into the 2013 budget on page 145. Making it clear their plans were set up long before any discussion about signing an IGA got going or any Finance Committee meeting was called.
In addition, the further protection for the banks is the only reason the IGA was signed. NOT for Canadians but for the banks.
Word is that our Canadian Bank of Canada is in worse shape than JP Morgan and other high profile American banks and this is where that situations is:
(Note this involves a BC girl)
http://right.is/politics/2015/01/meet-the-woman-jp-morgan-chase-paid-9-billion-dollars-to-keep-from-talking-9483.html?currentSplittedPage=0
And I agree with the comments made here about an Injunction.
Otherwise many more lives will be ruined while this wends it’s way through the courts.
I trust Joe Arvay to know the best way to proceed and I like his statement about the Impugned Provisions, the harm that is being done daily and the imperative to move quickly to expedite discovery.
Note the governments reluctance to move any more than a snails pace in order to delay. A delay means a denial of justice.
@All: Note from the article that the US Justice Department is VERY involved in this coverup and malfeasance . And our own Justice Department as regards our lawsuit against FATCA and the IGA Canada signed?
It’s worst than that, it’s gone worldwide. The money in your bank accounts and bank savings is no longer yours. It is now part of the capital structure of the bank.
Gouvernmebts don’t want to have to put public money into private banks to save them. like in 2008 crisis.
Now the banks are allowed to take our money if they have to. So ays the agreement treaty of the las G20 meeting in Australia.
http://ellenbrown.com/2014/12/01/new-rules-cyprus-style-bail-ins-to-hit-deposits-and-pensions/
Absolutely right.
Normally next crisis is for september/october 2015 and you can tell by what’s going in the stockmarket that it will be big.
The western financial system is just a house of cards. Ounce the west doesn’t have any gold left to sell, we will collapse.
Just listen http://kingworldnews.com/dr-paul-craig-roberts-12-20-14/
On January 5, 2015 Joe Arvay asked Canada Department of Justice to produce an affidavit of documents because “Given the severe and irreparable impact of the Impugned Provisions on affected Canadians, we require strict and timely compliance with the discovery timelines set forth in the Rules.”
Government replies on January 5, 2015 to Arvay:
“… Our client is in the process of gathering potentially relevant documents for this case. To date we have received approximately 33,000 electronic documents from them, but there are more to come.
Given the volume of documents, obviously it is not going to be possible for us to produce an affidavit of documents in the time provided for in the Federal Court Rules.
We hope to complete the document gathering stage in about two weeks. Once that is complete, we will be in a better position to determine how long it will take to review the documents in order to produce an affidavit of documents”
Things that jump out at me in regards to the above as posted by Stephen Kish:
Mr. Arvay “we require strict and timely compliance ( as set forth in the Rules) to which the reply states that the number of “potential” relevant documents makes that impossible to comply with Court Rules.
Why are the Court Rules there if the DOJ thinks they can do as they please to extend the timeline so they can go through “potential” relevant documents. What is wrong with making darn sure the RELEVANT documents are the only ones sent over for perusal and offering for discovery.
I don’t know what the timeline is as set out in the Court Rules but it is clear from their response that they feel quite comfortable with taking 2 weeks to go through the documents and THEN deciding at their leisure just how long they are going to take to respond.
Knowing all along that harm is being done, will continue to be done and will be done and THEY DO NOT CARE! This is OUR justice department paid for by US who have little regard or respect for the hand that feeds them!
I do not know what our response is to be but I hope it is tough and I hope it is soon.
@Calgary411, with your son and there are many more like him, the Government of Canada needs to pass a law that effectively states;
“A Citizen of Canada, resident and/or present in the territory of Canada, shall be recognized solely as a Citizen of Canada for all purposes public or private, regardless of claims of citizenship made by any foreign nation.”
This would protect Iranian Canadians.
This would protect Russian Canadians.
This would protect US Canadians.
It used to be the old way of doing things and is actually defacto US Policy.
@George: Actually in the Finance Committee meeting there were no less than 6 proposals for amendment which follows on closely with your suggestion, but went further in that it followed the Charter in that they proposed that Canadian Citizens and Permanent Residents would be exempt from the IGA . They were very well thought out amendments and they were ALL shut down and voted down out of hand. The only response from the Conservative majority on the Committee was that “Congress has spoken” IN Canada, mind!
And the Cheshire Cat banker swivelled and smiled… swivelled and smiled. ( if he had been wearing a mustache , he would have twirled it evilly !)
The Finance Committee was deaf to everyone except the banking interests and the U.S. Congress. Hope that none of them gets re-elected, and that their party tanks.
@Steven, I listened to the Dr. Paul Craig Roberts interview you linked to. At @ 9 minutes in, he discusses the scenario if ordinary people’s bank accounts are looted. He points out no one would ever want to put their money in a bank again. He’s right, no one ever would. What will the world be like then?
@FuriousAC
*Congress has spoken*
Lets give credit to the idiot who uttered this nonsense..Con MP Mike Allen (Tobique—Mactaquac). If he thinks Canada has a congress… he needs to go… he is not seeking re-election
As I am reading things… some of the con MPs that were vocal in favour of the Fatca issue & made us 2nd class citizens… are not seeking re-election… so their legacy should be traitors to Canada & their people to allow the US to do this