June 19th is the one year anniversary of royal assent for Bill C-31, and July 1st is the one year anniversary of the IGA coming into effect, this latter date ironically also being Canada Day.
Do you have plans for writing, demonstrating, etc, in light of the one-year anniversary? If so, please share your ideas on this thread.
LM has sent the following, encouraging people to support the court challenge, to virtually everyone on her mailing list — not only people who may have a US connection, as it focuses on the impact this has for all Canadians — and also posted hard copy on bulletin boards.
“Re: How much do you value our Canadian Charter of Rights and Freedoms
Good morning all,
It is now June, the 1-year anniversary of the passage of Bill C-31 which, hidden deep in the 362 page omnibus “Budget Bill”, instituted the Canadian FATCA IGA allowing US law to dominate Canadian Law. Passage and royal ascent of Bill C-31 resulted in the establishment of a 2nd class of citizenship in Canada based on nationality or parentage (specifically, US nationality or parentage).
Upon passage, our sacrosanct Charter of Rights and Freedoms, the basis of so many important precepts regarding the law of our land, was seriously distorted. We now live in a country which DOES DISCRIMINATE, which HAS SUCCUMBED TO THE THREATS OF A FOREIGN NATION and HAS PLACED HIGHER VALUE ON THE CONCERNS OF THE BANKING INDUSTRY OVER THE RIGHTS OF PEOPLE LIVING IN THIS REALM.
Old or young, wealthy or poor, educated or mentally limited, if you were (or your parent was) born in the US (no matter how many days you remained in the US after such birth), or if you ever took out a “Green-card’ to work there and (even if it expired numerous years ago) did not officially renounce it once you returned to live in Canada, you now are part of this “2nd class citizenship” caste. In addition, anyone who has a joint financial account with you, or an account for which you have signing authority, also has lost their right to personal and financial privacy. Think your non-US spouse or child, or the local fund-raising organization or Girl-Guides group for which you are treasurer, or that small local business of which you are a part-owner, or that Power of Attorney you hold for your aging non-US born parent as they all join you in the “privilege” of having all their private and financial account information swept up and sent off to another country’s taxing authority, their justice system and potentially other federal law-enforcement authorities.
For an example, read about the UK BellRingers: http://www.telegraph.co.uk/finance/personalfinance/bank-accounts/11571643/Church-bell-ringers-in-Kent-told-to-fill-out-US-tax-form-to-open-bank-account.html
This law IS being challenged. SOON! IN THE FEDERAL COURT in Vancouver. IN AUGUST!!!!
(See http://isaacbrocksociety.ca/2015/02/17/adcs-adsc-litigation-updates-key-actions-milestones-and-timeline-estimates/).This challenge is being mounted by the Alliance for the Defence of Canadian Sovereignty (ADCS: http://www.adcs-adsc.ca/).
Will you help to reinstate the Charter of Rights and Freedoms?
Since last summer, just after passage of C-31, from hundreds of small donations from across this country (and abroad), ADCS has raised $410,000.00 to support this Federal Constitutional Challenge against such acceptance of foreign law superseding Canadian law and, in consequence, the legalization of discrimination based on another country’s interpretation of who these Canadians are. The two plaintiffs (both born in the US but brought back to Canada as young children by their Canadian parents) are to be represented by well-known Constitutional Lawyer Joseph Arvay (http://www.farris.com/farris-lawyers/profile/joseph-j.-arvay-q.c/).
Despite what has been raised to pay these legal bills, another $90,000.00 is still needed by August to fully pay the legal fees. (YES – JUSTICE CAN BE VERY EXPENSIVE).
Do you care enough about Canada, your rights, and the rights of every other person in Canada to help challenge this legislation? All small (and not so small) donations are welcomed and various methods of sending funds are available (see ADCS).
While beginning to plan your CANADA DAY celebrations, please, please consider the kind of Canada you want for yourself and to bequeath to your children. Please, please help return Canada to the nation that we all know it has been – – and should continue to be – – with absolute equality of rights for all. This legislation has already fostered discriminatory policies in Canada (See: http://www.internationalman.com/latest-news/alberta-bank-first-in-canada-to-shun-us-clients-amid-fatca).
Feel free to email if you have questions. And do let me know if you no longer wish to receive these updates.
Regards,
LM”
@ Pacifica – Thank you so much for posting my letter. Already I have received a number of replies from various folks on my email list with thanks for these efforts (keeping lots of people informed about the issue and situation’s progress, working to fight the IGA)) and acknowledgement that they have just made ADCS donations. All Brockers should feel free to copy or adapt this letter and circulate it as widely as you want (don’t forget your hairdresser and your insurance agent and your neighbor and her cousin who seemed curious about FATCA at last week’s BBQ, and your child’s piano teacher and the members of your bridge group and your friend’s daughter who married that US fellow and that old friend you don’t like that much but he keeps sending you emails with funny stories – – maybe he would circulate this letter to his “list” (mine did!), and, and, and …………..) 🙂 🙂 🙂
There’s only one adaption I could spot — we’re up to $420K in donations with $80K needed. Nicely done @ LM. These are first anniversaries that bring back the horrid feelings of our bitter betrayal by our [expletive deleted] Canadian government.
I will make my first donation for this last leg of legal fund. Have proudly made donations in each of the previous four. Waiting for July 1
@Brick Tamland Each donation (yours and others, now and in the past) has brought us that much closer to the final goal. For this last push, see if you can encourage others you know to recognize the concern and join you in supporting this effort that (when rights are withdrawn willy nilly against one subgroup of citizens) effects all Canadians.
So not looking forward to July 1st, especially living in Ottawa. 🙁 The last two have been really bad…at least what I can remember of them.
I’d be up to something more ‘productive’ this July 1st if anyone else nearby is also interested.
What really sucks is that I moved to Ottawa in 2012, so had one really cool Canada Day celebration in the capital, where I was all happy and Canadian and everything.
And then OMG happened a few months later, soon to be followed by the IGA being made official on Canada Day 2014.
I wonder, will I ever have another Happy Canada Day in our nation’s capital again, or was that first one, the one and only?
Another US Government incompetence with data.
http://www.bbc.com/news/world-us-canada-33017310
Four million present or former US Federal Employees data stolen from a hacker in China.
Oh yeah our data is safe with FATCA.
LM: What a wonderful letter, thoughtfully and persuasively written. Thank you for this ready-made template for us all to use! I hope it reaps huge rewards for the ADCS coffers!
Dear Friends:
We need your help, NOW, to avert the Senate’s slipping FATCA “reciprocity” through the way FATCA itself became law. Keep in mind that if this happens, it will provide a powerful justification for the IGA with Canada and other countries!
Details below on what the danger is, and what you can do.
Thanks!
Jim
http://www.repealfatca.com/index.asp?idmenu=4&idsubmenu=156&title=repealfatcacom-alert
RepealFATCA.com Alert!
Stop ‘Backdoor’ Authority for FATCA and OECD Reciprocity!
June 4, 2015
This is a RepealFATCA.com Alert! Contact your Representative NOW and tell him or her that the House of Representatives must —
1. NOT accept Sec. 603 of the Senate-passed version of H.R. 1295 (“Trade Preferences Extension Act”) and
2. MUST insist that the Senate recede to the House and DROP Sec. 603 in Conference.
As described in a letter in opposition to Sec. 603 from the financial industry, the Senate language would “change current law to require banks, credit unions and broker/dealers to report to the Internal Revenue Service and our customers on all interest bearing as well as non-interest bearing accounts.”
Even more dangerously, it would do so by what appears to be a new statutory grant of regulatory authority to the Treasury Department:
“SEC. 6049A. RETURNS REGARDING NON-INTEREST BEARING DEPOSITS.
“(a) Requirement Of Reporting.—Every person who holds a reportable deposit during any calendar year shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the name and address of the person for whom such deposit was held.
Even if not intended by Congress, the danger is that any new statutory authority by could be used (or abused) by Treasury to promulgate new regulations on domestic institutions as promised to foreign governments under unauthorized, non-treaty FATCA “intergovernmental agreements” and the OECD’s insidious “Automatic Exchange of Information” scheme, a/k/a global FATCA or “GATCA.”
ACTION ITEM: Right now, go to this link http://www.house.gov/representatives/ , find your Representative, and write a short email stating:
Dear [Name]:
I am opposed to Sec. 603 of the Senate-passed version of H.R. 1295 (“Trade Preferences Extension Act”), which would open the door to indiscriminate fishing of private financial information and providing it to foreign governments! Please ensure that this odious section is not approved by the House and is dropped from the final bill.
Let’s get this done!
Does this only pertain to those considered “US persons” or to anybody who holds an account anywhere?
@ MuzzledNoMore – Yes, I hope it brings in a bundle too. The difficulty is that when one sends out such a letter – – in all directions – – one never really knows what the results are. But I figure you just have to keep on trying. One significant Brocker has labeled me “enthisiastic” and “persistent”; another has dubbed me “Funky”. Guess that’s why I was a cheerleader in High School…… 🙂
Hi LM,
Great letter. I will be sending it out as well. Thanks for your permission to use this as a template. Also will celebrate Canada Day this year by sending another donation to ADCS. This Canada Day, we can be thankful for the Canadian and other nationals who made our lawsuit possible. I haven’t seen this type of anti-FATCA action in other countries yet.
Re: Jim Jatras
“a letter in opposition to Sec. 603 from the financial industry”
How much influence can the U.S. financial industry itself exert on Congress? U.S Banks sure wouldn’t want all the proposed reporting and loss of secrecy.