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
Re: child tax credit
Keep in mind that for those who have non-US person children, the child tax credit is irrelevant as they cannot be claimed on a tax return. Non-US person children and spouses are just “some random people” in the context of the US tax return.
LM: Re: your comment of Apr. 26, 4:51 p.m.
I have no idea if the form would have led to another form asking about a CLN. I just know that when I was confronted with those lines I did not continue the application process. Does anyone else know if any account-opening forms have lines that trigger further questions that might ask about a CLN? So far the RBC Direct Investing form is the only one I have personally seen.
Char re: “Brilliant to make a constitutional challenge on the forced abandonment issue…The ADSC team is just the absolute best! I am excited, when do we start? ”
Just to clarify, my understanding (someone from ADSC please correct me if I am wrong) is that ADSC is strictly focused on fighting FATCA in Canada and its mandate does not include constitutional challenges in the USA. Yes, some members of ADSC are branching out and doing other things on their own initiative, but I think it is important for us all to keep straight what it is we are donating for when we donate to ADSC – i.e. the CANADIAN CHARTER CHALLENGE.
JC: Re: the child tax credit. Thank you for alerting us to yet another addition to the list of abuses.
“The proposal takes aim at the “‘low-hanging fruit’ of Americans overseas so as to avoid raising taxes on domestic residents” who are “more likely to react and raise a fuss with their legislators,” said Lucy Stensland Laederich, head of the Paris-based Association of Americans Resident Overseas.”
And these people wonder why we’ve filed a Human Rights Complaint against them!
ADCS, a missive winging swiftly out your way.
@Muzzlednomore, this is why I would love for the Irish Republic and Greece to pass CBT and then demand USA banks report FATCA information to them so they could tax the hell out of those that are deemed Irish or Greeks in America.
There are a whole lot of deemed Greek and Irish Citizens living in the USofA.
Oh, Ireland and Greece then need to start charging a Three thousand Euro fee to renounce your new found Irish or Greek Citizenship.
You may think I am crazy but I believe that US CBT will not go away until US Tax Interests are threatened.
Can you imagine the hue and cry???? The hypocrisy parade of homelanders would be amazing.
Another on its way via PayPal.
It will be interesting to see how vehemently the Canadian government defends the IGA after October 19th 2015, should Canada be left with an NDP or Liberal government.
While we watch and worry about how we can possibly get all the monies together to proceed and then proceed again, we must be aware that there are forces on the move that intend to make all these efforts anywhere in the world moot.
Time IS of the essence and this lawsuit MUST move forward. Move forward and succeed.
Our Charter and our sovereignty are under serious threat and not just from the IGA, but from other movements made by powerful forces.
Our Canadian government among them and working toward these goals.
Whether it is FATCA or OECD ( never think OECD , because it is residency based , is benign , or even a positive force) or TPP or it’s Atlantic counterpart, these forces have one ultimate aim in mind: The end of sovereignty and countries abilities to make and enforce their own laws within their borders for their own citizens and residents.
All signatory countries have made it plain they endorse this and intend to sign it soon.
http://en.wikipedia.org/wiki/Trans-Pacific_Partnership
It is very long but the main point and intent is:
“According to The Nation’s interpretation of leaked documents in 2012, countries would be obliged to conform all their domestic laws and regulations to the TPP’s rules, even limiting how governments could spend their tax dollars.[80] As of 2012, US negotiators were pursuing an investor-state dispute settlement mechanism, also known as corporate tribunals, which can be used to attack domestic public interest laws.[80] This mechanism, a common provision in international trade and investment agreements, grants an investor the right to initiate dispute settlement proceedings against a foreign government in their own right under international law. For example, if an investor invests in country “A”, a member of a trade treaty, and country A breaches that treaty, then the investor may sue country A’s government for the breach.[81]
Critics of the investment protection regime argue that traditional investment treaty standards are incompatible with environmental law, human rights protection, and public welfare regulation, meaning that TPP will be used to force states to lower standards e.g., environmental and workers protection, or be sued for damages.[82] The Australian government’s position against investor state dispute settlement has been argued to support the rule of law and national energy security.[83]
On March 26, 2015 WikiLeaks released the TPP’s Investment Chapter.[84] According to WikiLeaks, the accord would grant the power to global corporations to sue governments in tribunals organized by the World Bank or the United Nations to obtain taxpayer compensation for loss of expected future profits due to government actions.[85]
Ratification[edit]”
“The last round of negotiations was scheduled to occur in Vancouver, Canada, but two weeks before the commencement date, Canada’s capital, Ottawa, was selected as the new meeting venue.[9] Inquiries from public interest groups about attending this round were ignored”
OECD:
Excellent Refresher about FATCA and IGA by Alex Newman: Outlining new initiatives from the IRS: January, 2015:
http://www.thenewamerican.com/economy/item/19950-obama-irs-shares-private-financial-data-with-foreign-tyrants
And THIS regarding OECD:
This is EXTREMELY IMPORTANT !!:
http://www.thenewamerican.com/world-news/item/17987-a-new-world-tax-regime
The OECD represents the ENDGAME and along with FATCA and TPP will end sovereignty for not only Canada but the entire world.:
What OECD is and what it intends:
“The OECD officially unveiled its plan informally called GATCA (Global Account Tax Compliance Act) by analysts. Calling its ploy to put the final nail in the coffin for financial privacy “game changing,” the tax-funded OECD said it would require governments to collect massive amounts of sensitive personal information on individuals from banks and other financial institutions in their jurisdictions.”
Pascal Saint-Amans, director of the OECD Centre for Tax Policy and Administration, speaking as if the plot were already a done deal.
“Once gathered, the vast troves of private data would be automatically exchanged between all participating governments and dictatorships. “You collect the data, you put it in the pipe and it goes to the other party,” said Saint-Amans, who, as could probably be expected, pays no taxes on his bloated tax-funded salary.”
And this:
“The G-20 leaders endorsed another extreme OECD-linked plot to extract more wealth from companies that, while separate, fits nicely with the broader agenda. According to the statist radicals at the G-20 and OECD, the alleged “problem,” which they refer to as “Base Erosion and Profit Shifting,” or BEPS, involves firms trying to maximize value for customers and shareholders by keeping profits and economic activity in lower-tax jurisdictions as much as possible. For the OECD and the Big Government-mongers at the G-20, that must come to an end.”
Read the whole thing, it is eye opening and dreadful!
Question : WHY is Canada on board with all these schemes?!
While they fight US to delay court proceedings and use our tax dollars to do so, they negotiate and are a part of all these organizations and have indicated they will sign.
OECD is quite open about their intentions. TPP is still shrouded in secrecy but leaked documents have made it plain whatever they decide they do not have OUR interests in mind regarding our sovereignty, freedom and security in our own country.
OUR ADCS lawsuit is the ONLY force at this time that can have ANY impact on what is coming up on our rear view mirror. It may well be the ONLY thing that secures our sovereignty and privacy ever!
Although other movements are afoot, along with a court case in the us by the Republicans Overseas with their lawyer Bopp, one can easily see that they are far behind our lawsuit and that the courts move snail like to get to anything concrete.
Our team has moved things forward far sooner that any might have expected and they have comprehensively sought to secure our rights at every turn with extreme attention to detail. Our first trial will be in August which is a miracle in itself considering all the stumbling blocks the government has placed in the way to delay and that will continue throughout. It is frustrating to be thwarted with our own money and still have to come up with the funds to fight them in court. But, there it is.
Reality. We must face it and deal with it and FIGHT !!
Donate today:
http://www.adcs-adsc.ca/
FuriousAC re: “The OECD represents the ENDGAME and along with FATCA and TPP will end sovereignty for not only Canada but the entire world.: ”
I agree. Also I think the OECD is more of a threat to Canadian sovereignty (and the sovereignty of all countries) than is CBT which is dead in the water without FATCA to enforce it anyway. FATCA needs to be halted in its track, as it is a stepping stone to GATCA.
IMHO, CBT in and among itself is not a threat to the sovereignty of any nation, unless that nation agrees to abide by the laws of a foreign country. USA can make any laws it wants, but until it starts to use its might to ENFORCE those laws extra-territorially, who cares? Although CBT may seem to be the root cause of our issues – it is nothing more than a poisonous seed, of no threat whatsoever unless someone waters it. Our stupid government decided to let it take root in Canada by agreeing to abide by the laws of a foreign country. FATCA is the thing we need to kill to protect our sovereignty.
@ FuriousAC wrote:
“Our Charter and our sovereignty are under serious threat and not just from the IGA, but from other movements made by powerful forces.”
I’m aware of all this (have been for quite awhile) and we desperately need a win against those who intend to enforce, by all means possible, global governance over sovereignty, restriction over freedom and total surveillance over privacy. I think If we don’t try to push back we will forever regret our inaction. We can either donate to ADCS (and any other effort that offers resistance to those who have deemed themselves to be our rulers) and know we did our best to push back OR we can let that money sit in our bank accounts which are now vulnerable to a “bail-in” which means it could be gone in a heartbeat! I like to think of ADCS donations as heartful and well spent.
@Stephen Kish, ” and repeat donors from Central and Western Canada and England.”
How do you know a donation is from England rather than the United Kingdom?
The stamps can be the same and there is typically no legible postmark.
By referring to England instead of the UK you may likely offend possible donors from the other nations including Wales, Scotland and Northern Ireland.
Now if you have received donations and inside there is evidence it came from England that is a different matter.
Obama says “America has to write the rules of the global economy.”
http://maplesandbox.ca/2015/obama-says-america-has-to-write-the-rules-of-the-global-economy/
At least he is finally being honest about the mission he is on. He does not mention FATCA in his address, but we know it is really about writing the rules for the global economy–and is not about taxes.
Canada, Mexico and China got special mention in Obama’s plan to write the rules.
This is one more reason why we must fight back in the courts.
May 1 is only three days away. Help stop America from writing the rules for the global economy. Donate now.
@Embee re: your comment to FuriousAC. I agree 100%
IMO, the thing we really need to fear is the growing proliferation of so-called “information sharing” between governments, whether its one-sided and extorted and based on CBT (i.e. FATCA) or mutually agreed upon between governments and based on RBT (i.e. GATCA). To look at CBT as the root of all evils is to miss something even more evil and more of a threat to the sovereignty of individual nations – our own governments.
@George
With the exception of the “Land of the Free” and an African dictatorship, CBT has no chance of being practiced by any other country. Imagine all the tax treaties that would need to be revised… not practical. There is a point of diminishing returns in trying to tax citizens living overseas, especially when they are already paying their fair share wherever resident.
@ Dreamer: I get what you‘re saying but I think CBT indeed is the root of all evil. Without FATCA it will take longer, but the US can carry on with its bullying nonetheless. For example, they can cross reference information presented at the border with IRS records and develop a no-travel list for the non-compliant. Some of us need to cross the border for family reasons, and I hope it never comes to this but imagine a scenario where senior Canadian residents/citizens are turned back at the border while the US/Mexican border remains a leaking sieve. It could happen. My first grandchild is due June 15 in Ohio, and my ailing mother lives in another state. If I’m refused entry into the US for “form crimes” it would be a bitter pill indeed. Land of the free? Not anymore. God help us, Chuck Schumer is on the Senate Finance Committee. I suppose it would be un-Christian of me to wish for a piano to fall on his head like in the old cartoons.
Not to put too fine a point on it, but just stumbled across this:
http://ellenbrown.com/
Now, I have never heard of Ellen Brown. However, she was scheduled to be on Coast To Coast AM tonight and was rescheduled so they could cover the Baltimore riots.
Decided to check her out and this is what I found:
From Ellen Brown’s Website:
“The Trans-Pacific Partnership and the Death of the Republic
Posted on April 24, 2015 by Ellen Brown
The United States shall guarantee to every State in this Union a Republican Form of Government. — Article IV, Section 4, US Constitution
A republican form of government is one in which power resides in elected officials representing the citizens, and government leaders exercise power according to the rule of law. In The Federalist Papers, James Madison defined a republic as “a government which derives all its powers directly or indirectly from the great body of the people . . . .”
“On April 22, 2015, the Senate Finance Committee approved a bill to fast-track the Trans-Pacific Partnership (TPP), a massive trade agreement that would override our republican form of government and hand judicial and legislative authority to a foreign three-person panel of corporate lawyers.”
“The Senate Finance Committee seemed to think this was important to “FAST TRACK” but making no moves regarding our most excellent submissions!
The secretive TPP is an agreement with Mexico, Canada, Japan, Singapore and seven other countries that affects 40% of global markets. Fast-track authority could now go to the full Senate for a vote as early as next week. Fast-track means Congress will be prohibited from amending the trade deal, which will be put to a simple up or down majority vote. Negotiating the TPP in secret and fast-tracking it through Congress is considered necessary to secure its passage, since if the public had time to review its onerous provisions, opposition would mount and defeat it.”
“The TPP would destroy our republican form of government under the rule of law, by elevating the rights of investors – also called the rights of “capital” – above the rights of the citizens.
That means that TPP is blatantly unconstitutional. But as Joe Firestone observes, neo-liberalism and corporate contributions seem to have blinded the deal’s proponents so much that they cannot see they are selling out the sovereignty of the United States to foreign and multinational corporations.”
Dreamer: FATCA or variations of it are here to stay. It’s just too tempting. Automatic exchange of information is already working between EU governments, say France and Belgium for instance. If you live in one of those countries and have a house in the other, the country where you lived is informed of that, and asks you what kind of rental income you get. Also where the mony came to buy the house. Etc. It is manageable only because of residence-based taxation where you consolidate all your tax filing in one place, and are only taxed once. Note that enforcement in Europe is often slightly more logical, systematic, and reasonable than in the US.
Therefore CBT is the true problem. With RBT you could choose to go live in a tax haven, if that’s your thing. Or you could live in a developed high-tax country and play the game. Your choice. CBT is this menace that follows you and never lets you off the hook, all the while threatening disproportionate and hardly ever applied penalties — makes no sense at all. Why have a penalty of 10000 per undeclared account, even if that account has $10 on it? Stupid. It’s scary, could bring people to suicide, hardly ever applicable, etc.
But, FATCA has made CBT enforceable (somewhat), and that’s our battle here and now. If overturned, it would free some people from US CBT.
@Fred, spot on……….
I have no GATCA fear other than having been burned on FATCA……..the bad taste in the mouth.
But you are right its Citizenship Based Taxation without the fundamental right to get rid of an unwanted and/or unrecognized citizenship.
I relinquished a decade ago, I have personal letters from the USG stating that I relinquished yet I am like Blaze and do not trust them if I was to apply for a CLN. I think I have done everything right in not being a USC but form nation may pull something out of the hat deny a CLN and require renouncing with a fee that would take a disproportionate portion of my income!!
My children are accidental americans and want nothing to do with the USofA but will be saddled with renouncing costs in addition to university expenses!!
CBT today, something else tomorrow. Once that information highway between countries is up and running it can be used to promulgate all sorts of evils that threaten both individuals along with the sovereignty of nations.
@Dreamer – I agree with you …. “CBT today, something else tomorrow. Once that information highway between countries is up and running it can be used to promulgate all sorts of evils that threaten both individuals along with the sovereignty of nations.” ….. This sort of loss of personal privacy and liberty are an abomination and will continue until we are all in shackles (whether or not these are made of iron).
@Marie “It will be interesting to see how vehemently the Canadian government defends the IGA after October 19th 2015, should Canada be left with an NDP or Liberal government.” Unfortunately, Justin Trudeau refuses to make a clear statement on the matter and on the defence of the Charter Of Rights.
Stephen,
A padded envelope was mailed with 2*$1 stamps at 283 College to 283 College yesterday afternoon.
I believe the US will never agree to information sharing. What I do not understand is what CRS/GATCA/FATCA will look like if they do not.
http://www.lectlaw.com/filesh/bbg33.htm
I wonder who is funding the Duffy trial? Seems he had no funds when he was in the Senate and now he has months before the courts. We could use some of his backers.