UPDATE SEPTEMBER 19, 2015: SEE ALSO DISCLAIMER AND LITIGATION UPDATES.
[This post, which began in May and having over 1000 revisions and 2000 comments, is being retired from service and updates. It lived through the success of reaching a total of $500,000 in donations from our kind, dear supporters who had little money to give, the hope and disappointment with the summary trial decision, and the certainty that we are now finally moving on to the Charter trial.]
CANADIAN CHARTER TRIAL UPDATE:
— We have instructed the Arvay team to prepare for the “Constitutional-Charter” trial. This means that our focus now, as it was in the beginning of our lawsuit, is on the Charter trial.
Unless there is a new expense in the future that we have not anticipated, the monies from your donations will be sufficient to take us through the “constitutional-charter” trial in Federal Court. However, to pay other legal bills we will need additional donations from our supporters, and a request for donations will appear on another post soon.
OUR LITIGATION HISTORY:
One year ago, on August 11, 2014, 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.
Because of a Government delay we initiated a “summary trial”, using a portion of the arguments, which offered the possibility of preventing private banking information from being turned over to the IRS before September 30, 2015. See Alliance’s Claims, our Alliance blog, and AUGUST 4-5 SUMMARY TRIAL FILINGS in LITIGATION UPDATES.
That’s wonderful – there will be no problems.
I can see there are two types of Brockers, the fringe and the middle (lurkers). Maybe I can make a protest sign this weekend and be part of the fringe.
Quite a yuk to watch Brockers begging Canoodlian cops for a priori unnecessary permission to protest. But the paths to resistance are many. Some must start by toddling along with mind-forg’d hobbles?
@usxcanada
I don’t get your comment.
I believe that Brockers are mostly law abiding, non violent people, mostly without legal training but with an abundance of respect for JUST laws. It is right and proper and indeed good manners to enquire with the Police whether a permit is required to hold a protest.
Just my honest heart felt reaction to your laughter.
@ Kermitzil – neither you nor I are “lurkers”. Hopefully there will be no postponement/adjournment and we won’t have to be “fringe”. I mean, here it is Friday and nothing from the Feds’ lawyers yet (tho it is still 6 AM Vancouver time). I would hope that their case for postponement/adjournement would have to be pretty darn strong for the judge to agree anyway…..
@usxcanada
I’m glad you’re getting your jollies at the expense of the uninitiated.
I also called the city by-law department to make sure that our protest sign measurements don’t exceed the limits allowed for signage in the city of Vancouver.
That should be a real knee slapper for you. Yuck-yuck. Hee-haw! Care to join us?
Back on April 30th when the ADCS funding was struggling to meet the May 1st deadline there was an amazing surge of over $14,000. I was really hoping this Friday would produce a similar surge (remember no mail delivery Aug. 1st, 2nd and 3rd). It doesn’t look like it will happen unless the paypals can make it happen. Another amazing donation surge would have been such a great boost for our intrepid plaintiffs, Ginny and Gwen, as they face that August 4th court date but the final $30,000 will come eventually. Now what is important is that these two courageous women and the entire team behind them know we are all wishing them the very best outcome next week and hoping that if the defendant’s lawyers spring an adjournment request on the judge that he will summarily reject it. Justice delayed is justice denied.
Will anyone be holding the fort in Toronto to pick up mail on Tuesday August 4 that physically arrives in the mailbox? Or will everyone with access to that mailbox be in Vancouver?
@USX “begging Canoodlian cops”
Begging? Finding out if regulations apply would be characterized as “begging” only by someone with poor analytical skills.
Quite a yuk you have provided, indeed.
I have been perusing some of the Jul 30 filings by the Govt side …. I find them utterly indigestible. Thank God that Mr Arvey is there for us. A Special Thank you also to Ms Allison Christians bravely putting up with the spiders web that the Govt lawyers sought to weave around her Expert Testimony. All this has been going on on the background ….. gosh.
Ginny and I are not the types to cry at movies, but your generosity with donations has moved us both to tears as we get closer to the fight of all of our lives in court next week (fingers crossed!). We are both very grateful that you are putting your faith in us and in this fight here in our corner of the world against this tyranny.
@ GwEvil
I’m not sure our card will arrive in time. If it doesn’t, picture two beavers on a bank eyeing a little frog in their pond. Inside message:
Dear ADCS team,
Good luck in court. We are hoping this will be the first dam built in the world to resist FATCA.
Best wishes,
Mr. & Mrs. EmBee
PS I’m the type who does cry at movies. The fact that you and Ginny would do this for all of us is inspirational and I’m teary-eyed right now thinking about it. Thank you again and again and again.
Pity the poor judge. Having to wade through all that gobbledegook and trying to make sense of it. Almost as bad as trying to understand the tax code.
Dear Gwen and Ginny,
This person, me, of the ADCS-ADSC team joins Mr. and Mrs. EmBee and all others at Brock and Sandbox and beyond to wish you every wish of good luck I can, which will be well in excess of the August donation I was able to make yesterday to try to help reach the August 1st goal.
My same support will also be with the other members of the ADCS-ADSC team (Stephen, John and Trish), the Arvay team and all those who are able to make it to Vancouver to (hopefully) share the time in Federal Court on August 4th and 5th.
Godspeed and sincere thanks to all of you!!! I’ll be with you the only way I can — you’ll be in my every thought those two upcoming August days.
Our prayers and fervent good wishes go with you and all the team into the trial. God Speed and God Bless!!
The mail comes in after 1 pm. I will be there to pick up on Fri Aug 7 and amt will be updated
Page 102 into Allison’s cross examination…I’m intrigued. What’s Mr Taylor getting at?
Not sure where to post this:
”
UPDATE: Freedom fighter Norm Singleton alerts me to the gobsmacking fact that the latest iteration of the godawful transportation bill includes a provision to cover the perpetual Highway Trust Fund shortfall by allowing the IRS to revoke your passport if you owe more than $50,000 in unpaid taxes. B
”
– http://reason.com/blog/2015/07/23/house-passes-bill-to-denyrevoke-passport
Gwen, Ginny, Tricia, Stephen and John,
Please feel the support behind you from those of us that cannot be with you.
Thank you all so very, very much.
I second that emotion, Charl!
@Randdoomm: Just did a post on this, see here:
http://isaacbrocksociety.ca/2015/08/01/obama-signs-temporary-highway-bill-fbar-3520-due-date-changed-no-passport-revocation-for-now/
In short, Congress passed a short-term highway bill for now (which doesn’t have passport revocation in it). The Senate’s long-term highway bill (what’s discussed in the link you posted) faces serious opposition in the House. It’s likely that Congress will just keep on passing three-month extensions (an article I read said they passed thirty-four temporary extensions since 2009).
Duke of Devon, I looked at some of the briefings. It is real lawyer gobbledegook. When I attend the trial, if it does exist, I will peer into the lawyers minds. This is getting complicated very fast. Stephan Kish great job1
For anyone who doesn’t want to read the court documents, you may find this exchange between Mr. Taylor and Mr. Arvay interesting. It occurred at the conclusion of the cross-examination of Prof. Christians by the defendant’s lawyer. To me the cross-examination seemed very long and terribly detailed but I’m sure Prof. Christians is used to all this. Where it was heading I have no idea. I hope it’s not illegal to put this here. If so admin can delete it and you can go to https://adcsovereignty.wordpress.com/1079-2/ and scroll to page 143 of the pdf titled “2015 07 30 Defendants’ Supplementary Motion Record_motion to strike_Volume 1”.
As for the cross-examination of Mr. Wood … I’m not sure if he wasn’t of more help to the defendants than the plaintiffs. Anyway I’m sure I can’t wrap my head around all this so I’ll have to see what happens next week and rely on those who understand court proceedings to interpret for me.
@EmBee — I read some of this earlier today, and that part struck me as interesting, too. Also the questioning of her expertise and understanding of the U.S. Constitution.
@ canoe
I thought Prof. Christians’ response to that was really good. I noticed Mr. Taylor asked for a break after she gave her answer and then he decided to not continue the cross-examination. I’d like to think he just couldn’t counter with anything at that point.