Dear Supporters,
Many of you probably predicted that I would not be saying this today, but this message is not a dream: You came up with yet another $100,000 payment — now making a total of $400,000 provided to the Arvay team.
In the last twelve days you actually donated more than $40,000 — an amazing achievement for small donors. This accomplishment proves to all those people who want us to fail — that we are very determined.
You gave until it hurt and then you gave a lot more. It’s hard not to get teary-eyed over the generosity of our supporters, who have come through every time.
We know that the pace of your litigation is painfully slow, and this is unfortunately as expected. The Government will continue to do its best to slow down the process, but we now have the assistance of a case management judge to help keep the process moving more fairly.
We filed in August 2014 and it has taken a very long time (one year) before we are finally into a (summary) trial (August 4-5, 2015). We cannot predict the outcomes of this trial, based on only part of our arguments and, with your continued support, we will prepare for all possibilities.
[Happy birthday Gwen!]
Thank you for your trust,
Stephen Kish,
ADCS-ADSC Chair,— on behalf of Plaintiffs Ginny and Gwen, their families, and the ADCS-ADSC Directors
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Chers amis et donateurs,
Certains d’entre vous avaient probablement pensé que je ne pourrais pasvous annoncer une si bonne nouvelle aujourd’hui. Mais voilà : ensemble, nous avons réussi à ramasser un autre montant de 100 000 $, ce qui fait un total de 400 000 $ à remettre à l’équipe de MeArvay.
Dans les 12 derniers jours seulement, vous avez donné plus de 40 000 $, un exploit tout à fait extraordinaire pour des « petits donateurs ». À tous ceux qui souhaitent nous voir échouer, cette réussite prouve que nous sommes des plus déterminés. Et que nous réussirons.
Vous avez donné jusqu’à ce que ça fasse mal, puis vous avez donné encore. Difficile de rester insensible devant une si grande générosité.
Nous sommes bien conscients du fait que notre litige avance de façon péniblement lente. Malheureusement, tout ça est normal. Le gouvernement continue à ralentirle processus, mais on nous a maintenant attitré un juge responsable de la gestion de notre dossier qui veillera à ce que le processus progresse de façon plus juste.
En août 2014, nous avons engagé une poursuite contre le gouvernement canadien. Près d’un an plus tard, nous avons enfin la date pour notre procès sommaire : les 4 et 5 août 2015. Impossible de prévoir le dénouement de ce procès, basé uniquement sur une partie de nos arguments juridiques. Mais avec votre appui, nous serons prêts pour toutes les possibilités.
(Bonne fête, Gwen !)
Au nom de nos deux plaignantes, Ginny et Gwen, de leurs familles et des directeurs de l’ADCS-ADSC, je vous remercie de votre confiance.
Stephen Kish,
Président de l’ADCS-ADSC
@AnonAnon, ” I am strictly Canadian and have a CLN to prove it. So I have nothing personally to gain by supporting the ADCS charter challenge.”
I do not have a CLN but I do have official USG documentation stating that I relinquished my USC.
That said, it is incorrect you have nothing to gain, why?
That CLN is a piece of paper issued by the US Government. Do you believe they will act in good faith in the years that follow?
The US Government by its recent and long term past is not trustworthy. You can be damned by the government you can be damned by the Courts trying to help.
You are only one step away of having your US Citizenship restored retroactively by the Courts, Congress or the Presidential Pen.
A CLN is a stinking piece of paper.
Our SOLE defense is the passports issued by the Nations we call home. We need the world to say NO.
@George
I agree. No Canadian law should limit a Canadian citizen’s rights depending on whether they can or cannot produce a US government issued piece of paper (such as the CLN or anything else) as there is no way to know how easy, difficult, or impossible it may be in the future to obtain such a piece of paper.
@Dash1729
Well said.
Canadian rights — what rights — what Canadian Charter of Rights and Freedoms?
Just look at Bill C-51:
My son is deemed a US citizen. My son is Canadian and must be protected by the Charter of Rights and Freedoms — he is not a criminal. We are all being criminalized, just as the person in this video by the colour of his skin.
… *carding* in Toronto:
http://globalnews.ca/video/1956724/under-suspicion-for-being-black/
Thanks, Furious AC.
I espcially liked in the trailer…
Thanks for this important announcement, Stephen.
@ calgary411
Good idea sending the announcement to Patrick Cain. He’s someone that might just pick it up and head to his keyboard to create a new article for Global News.
@calgary411
Yes both C-51 and C-31 (the bill we are fighting via ADSC-ADCS) represent atrocious attempts to p**s all over human rights–that is the similarity–but there is an important difference too:
At least one political party–the NDP–is taking a courageous stand against C-51. I’m on their email list and I get their emails on the subject every day. So when it comes to their stand against C-51, I am proud of the NDP.
But the NDP noise on C-51 makes their silence on C-31 all the more deafening. Virtually all major societal institutions–whether we are talking about politics, business, different countries–have remained shamefully silent on C-31 (and the similar implementing legislation in other countries). That is the difference.
The similarity between C-31 (passed and implemented, in force) and C-51 is, to me, *the government is attempting to trick Canadians and ram the bill through Parliament*.
Will the implementation of Bill C-51 if it passes (now at / almost at third reading) have to be fought with litigation before the Supreme Court as we are having to do with the passing of Bill C-31? The NDP (Murray Rankin, Nathan Cullen and others) stood up for us well before the final vote on C-31, https://www.youtube.com/watch?v=slqAkW_eeUA. Parties have moved on, too timid to make policy statements regarding what they will do to remedy the implementation of the IGA that brings FATCA to the doorsteps of Canadians and residents who have a US taint.
(The Greens are no slouches re fighting Bill C-51 either — http://elizabethmaymp.ca/elizabeth-may-speech-on-bill-c-51/.
The Liberals sit on the fence — but I do like this ad they just put out on the wasteful Conservative government spending on ads [and, as we know, lawsuits like ours (and eventually re Bill C-51?)] with Canadian taxpayer money:
calgary411 says
April 24, 2015 at 4:38 pm
Thanks, Furious AC.
I espcially liked in the trailer…
We’re taking the Austrian Government to court. Have a nice day!
When Ryan Reynolds said that in the trailer, I immediately thought of Stephen Kish!!
George and Pierre D: I just read your comments and have copied your stories into my file of addenda for the UN Human Rights Complaint. If the UN doesn’t deal with our original document soon they’re going to have another tall stack of paper land on their desk! A lot of abuse has been dished out in the months since we submitted the Complaint!
ref: my comment of today (April 24) at 9:28am
Muzzled:
I’m just HUGELY delighted that my 15 year old son’s understanding of the dangers of being recognized as a “US Person” by a Canadian bank will be added to your UN Human Rights complaint. Thank you.
@ US_Foreign_Person – My heart goes out to you. In what country are you living? Have you discussed this with any major Jewish support or truth/justice organization? Your story should be headlines in one of the newspapers or online news sites that tells these stories; if nothing else it should be sent to members of the Senate Finance Committee (especially anyone on that committee who is Jewish or had a parent who fought in WWII for freedom (that we are now seeing deteriorate. Thank you for sharing your story; maybe others have other ideas for fighting back.
@ USCitizenAbroad “FATCA Hunt” has resulted in the “Expatriation Games”. I love it!!!
@LM
I am in Canada this month… but we move around alot… depends on the work hubby gets or what the extended family needs… I have spoken to others about this… no interest… the saddest part of the whole thing… people who are from immigrant families.. usually 2nd generation & forward… have forgotten what their roots are… Look at the names who are all gung ho about this in the US… they should understand but they are the most vocal for this mess… my elders in the family ensured that we never forget… we make sure each generations understands the hardships endured & how lucky we all are…
Please one & all… donate so we make the next milestone… we can not let them win… no matter the amount… its all welcomed… If we can’t fund this… it will get worse… some in my family have already been shut out of banks because of a stupid mistake made…they had their mail sent to their children in the US… no matter what was said… the banks didn’t want to hear it… We need to take a stand & stop this… this lawsuit has been the only game in town… we must stick together & just say no… loudly….
Lovely uptick in donations today — up by $4500.
@USCA, I also wouldn’t be at all surprised if the US were to extend its definition of a ‘US Person’… even people who’ve renounced and have a CLN could get entangled again if the IRS claimed they hadn’t properly filed all the paperwork such as the 8854 to officially log out from being a ‘tax citizen ‘…it wouldn’t surprise me if some 8854s might be misplaced by the IRS, with them then still asserting that they’re still in the system…especially if their banks mistakenly report their accounts to the IRS. The IRS could thus believe they should still be filing, etc.
And what if the US were to retroactively decide to restore everyone’s citizenship, etc…
@USCA, I also wouldn’t be at all surprised if the US were to extend its definition of a ‘US Person’… even people who’ve renounced and have a CLN could get entangled again if the IRS claimed they hadn’t properly filed all the paperwork such as the 8854 to officially log out from being a ‘tax citizen ‘…it wouldn’t surprise me if some 8854s might be misplaced by the IRS, with them then still asserting that they’re still in the system…especially if their banks mistakenly report their accounts to the IRS. The IRS could thus believe they should still be filing, etc.
And God Forbid if anyone were to misplace their precious CLN….
And what if the US were to retroactively decide to restore everyone’s citizenship, etc…
@Mona Lisa…Mona Lisa….. “And what if the US were to retroactively decide to restore everyone’s citizenship, etc…”
The Courts in the last thirty plus years has been able to find penumbras with respect to the Constitution.
I would not be surprised and actually expect a Court ruling at some future date striking down many of the recent CLNs on account they were made and affirmed under duress.
The Court will think it is doing something good because 1. the USA is EXCEPTIONAL 2. a US Passport is the most precious document in the world.
The ONLY protection is our own TRUE Governments telling this foreign government to bugger off.
@Brockers, we have been at this so long sometimes we can no longer see the trees. I have been knee deep on these issues that I want to refresh my memory on what ADCS is seeking in a summary trial.
Georges words…….
The Plaintiffs are Canadian Citizens resident in Canada with no exercise of FOREIGN Citizenship.
A FOREIGN Government under its law has deemed the Plaintiffs to be Citizens under that FOREIGN Government.
There are no Nationality Laws in Canada recognizing multi-citizenships.
The Government of Canada has recognized each of the plaintiffs as Canadian Citizens for over a half century each!!
The Government of Canada has passed a law that requires Financials Institutions to treat Canadian Citizens differently if said FOREIGN Government under its law considers said Canadian Citizen to be one of its own.
Thereby a Canadian Citizen of “pure Canadian Ancestry” is treated differently by financial institutions than a Canadian Citizen of “muddled Canadian “Ancestry.””
Further, Financial Institutions in Canada are asking place of birth. There are many Canadian Citizens who are deemed to be citizens of said FOREIGN Country that were born in Canada and will not be distinguished out, therefor the FOREIGN Law itself is “faulty.”
Treating any two Canadian Citizens on different terms is a violation of the equal protection clause in the Canadian Charter.
The Remedy is that ALL Canadian Citizens information is reported to said FOREIGN Government or no information is reported at all.
@George, of course I would be outraged if that happened which is why this fight is so important…but realistically, if this happens, I’d have to promptly get out of all my PFIC investments plus cash in my retirement fund early so that my renewed US tax compliance would be simple and cheap enough for me to manage.this outrageous imperialistic overreach…but the only thing certain in life is death and taxes…I suppose they will demand fealty if they have their way…
“Our government believes Canadian citizenship is a privilege not a right”.
This is what a spokesman for Chris Alexander said in an online CTV article this morning.
For the full article see…
http://www.ctvnews.ca/canada/canadian-dad-threatens-to-take-ottawa-to-court-over-son-s-citizenship-1.2343813
@monalisa1776 re: “I also wouldn’t be at all surprised if the US were to extend its definition of a ‘US Person’… ”
I used to think people were exaggerating that possibility, but reading some of the asinine comments at the recent Bloomberg article has convinced me otherwise. When people start using arguments to justify CBT, like “if you own property in the USA, it is protected by the military”, then you really start to wonder.
BTW, was “moanerlisa1776” in your last comment a slip up or your new alias?
I definitely would not be surprised if an American court or U.S. State Department finds a way of making all those CLNs null and void for FATCA or other programs.
All it would take for FATCA is a minor change in the regs. Remove any reference to a CLN and just have banks report on anyone born in the U.S.
They cannot be trusted. Past experience has clearly shown that. The best predictor of future performance is past performance. They are lying, cheating bullies. They always have been. They always will be. The liberty and freedom myths pounded into our heads when we were kids is part of their game.
The only hope to escape their clutches is through Canadian and other “foreign” courts.
@Dreamer and @Blaze, all I can think is that if the worst happens, I’d just have to simplify my finances as much as much as possible and only hold cash savings rather than investments. I’d move my pension fund into an annuity ASAP. I have no children so it wouldn’t make that much difference to me at the end of the day, especially as I’m growing more risk averse now that I’m getting older….I could then probably file quite cheaply since I wouldn’t.be holding complicated investments.
Unfortunately governs can be bullies.