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.
After reading the Reply………….
Every euro, dollar and pound I spent on it was worth every cent.
No regrets on that investment, none.
Reading it made my day.
I know there may be some hemming and hawing on our side as we read all these legal documents.
I have a feeling that the defendents lawyers right now are thinking;
1. Joe Arvey know exactly what he is doing.
2. We are up against the best litigator in Canada.
3. We are selling out our fellow Canadians.
Yep, the defendents lawyers might just be thinking they are screwed again………
But at least they can say they tried with what they had to work with……..
I just hope when they lose, they can lose with a smile and be happy with it as they should.
More of good old common sense pointed out in your commentary, George. If there is such a anomaly as US CBT, there must be a way to solve the *entrapment* into the consequences of US citizenship-based taxation laws for those deemed US citizens without their or their parents’ / guardian’s consent, a segment of them unable to renounce a US-deemed US citizenship without the capacity to understand what it means and who must not have the influence of another in doing so or acting on such a persons’ behalf, even with a court order.
Thanks for all your support along the way.
I fully agree regarding our donations to ADCS-ADSC, pioneers fighting for justice for all US-deemed *US Persons Abroad* as it relates to US citizenship-based taxation:
Beyond the cost to Canada in Canada’s *foreign financial institution* banking fees to cover the implementation of FATCA law in Canada, what Joseph Arvay says about US/Canada tax treaty terms and the IGA Canada signed with the US, that it means ALL Canadian bank information should be turned over to the US, should be of concern to every Canadian. (And, similarly, to every other country who surrenders their rights and monies to the USA through this means.)
Anyone with the least understanding of what is going on needs to contribute to the ADCS-ADSC litigation headed by Joseph Arvay and his team. http://www.adcs-adsc.ca/.
To do otherwise is to give approval to / condone what the US is doing to Canada and the rest of the world. We know the Conservative government of Canada condones this. We do not yet know if the other of Canada’s political parties going today into the next election do so as well. If they cannot state that they stand up for Canada, some US-deemed *US Persons in Canada* will.
@Deckard1138 — You gave (above) a very clear “translation” of the legalese in the point about the IGA supposedly fitting into the emerging global standard. Maybe they just don’t understand this at all. [Fantasy: Maybe they’ll clue in and say, We signed on to WHAT?]
“Member states committed to automatically exchange information with each other regarding the interest that non-residents receive from savings in their territory.”
Let’s keep our eyes on the prize as the ADCS/Arvay teams head towards the courtroom on Tuesday. This is what we all want and deserve.
FORM FREE (a parody of “Born Free”)
Form free, as free as you should be
As free as a wild stream
Form free to follow your dreams
Form free, and peace then surrounds you
The calmness astounds you
Each time you bask in sunbeams
Form free, no agents pursue you
You’re free as the roaring tide
So there’s no need to hide
Form free and life is worth living
But only worth living
‘Cause you’re form free
Form free, no paperwork binds you
You’re free as a mountain breeze
No tax master to please
Form free and life is rewarding
But only rewarding
‘Cause you’re form free
@ Embee – I LOVE IT!!!!!
@ All
Don’t miss John Richardson’s words of wisdom here:
https://adcsovereignty.wordpress.com/2015/08/02/fatca-infested-countries-explaining-the-adcsovereignty-fatca-lawsuit-to-a-pure-canadian-thoughts-on-round-1/
He concludes …
@usxcanada
Yeah, I’M HERE ALL WEEK – TRY THE VEAL!
@usxcanada, will you be travelling to Vancouver to demonstrate best practices?
@Bubblebustin
lol!
Have just sent another donation. I am still with you all in Spirit!!!! I am so proud of John too. :’)
Wow, Embee! All the words we have expended here and John Richardson sums it up in such a simple, short and beautiful statement. Thanks for sharing it and directing us to the rest of his post.
Consider … if you were a US Person (or any other sort of person actually) living in Greece …. would you be satisfied with a Same Country Exemption from FATCA ? Or would you want a back up account that you could access as needed (preferably in cash) in say Switzerland or Cyprus or London or ……
http://www.telegraph.co.uk/finance/economics/11779777/Greek-industry-decimated-by-eurozone-crisis-as-capital-controls-crush-output.html
How many here, after reading this, can honestly say they never erred on a FBAR?
https://www.irsmedic.com/2015/08/03/why-are-completing-fbars-such-a-pain-in-the-___/
And now there’s a FATCA form. What are your chances of doing that error free? IRS form tyranny has created form slavery.
How many here need any more motivation than that to help the Justice Train start rolling towards Form Freedom Station? Right now you need a CLN ticket on the R&R Train (Relinquishment and Renunciation) to get to Form Freedom Station but a successful ADCS lawsuit will open the doors of the Justice Train so EVERYONE can climb aboard and eventually get there too. Yes it’s a long journey ahead but failure to embark will guaranteed that you remain in Form Slavery Station forever.
I’d like to say to Ginny and Gwen that you are extraordinary people to stand up for Canadians. For that, we have your backs. I will say, if any judge puts money ahed of human rights and the right to leave a country as a child and live with the rights and freedoms of everyone else in the country they choose to live in, well, may that judge go straight to hell. My only worry is that this government has paid off the judge before the trial.
@NativeCanadian, and thank you for all you have done and for just being where you are at this unique juncture in time.
So much has come together to get to this juncture, just look at the different backgrounds of everyone and where everyone is located.
We have put ALL other political differences aside for this and stayed on board.
When I read Arveys last response he had distilled out the emotion and logic here at IBS. It all came together through his quill.
What does Team Harper have? Sycophant politicians who like their lifestyle in Ottawa and a few cross border compliance vultures who do anything for a buck.
Ontario, Canada is one of my favorite places and I have not been there for a long time but for a spell it was my second home.
When this is all done and before we go our separate ways, we need to have a great big IBS lunch and shake a lot of hands and shed some tears while we are at it.
This has been a journey into hell and I am thankful for it because of the people involved.
Tuesday, life begins afresh.
Although the defendants in this lawsuit are trying for a delay, there will still be quite a turnout in Vancouver Federal Court on August 4. Looks like most of those who originally committed to attending court will be showing up at 9:30 tomorrow. Whether the Summary Trial goes forward or is postponed, we will be there to witness it. The Cons may delay the proceedings but will eventually have to face the music. Thanks to our plaintiffs, Ginny an Gwen, to ADCS and everyone who has been a supporter.
Re Ginny and Gwen being held personally liable for the costs, I certainly hope Mr. Arvay will present a motion tomorrow to declare any such attempts by the gov’t attorneys invalid due to the current lame duck–or shall I say dead duck–status of the Cdn gov’t.
Yikes! The government is requesting Gwen and Ginny personally pay their costs of $37,000 if we lose this case at Summary Trial.
That makes me even angrier at the Cons and even prouder of Gwen and Ginny for the risks they are taking for all of us.
How much lower can the government go? We’re about to find out beginning tomorrow.
Please donate to help Gwen and Ginny stand up for what is right.
I sent another donation yesterday and I hope it’s made it.
I’m in a bit of a bind because while I would like to send more I’m not the one making the money these days and I have limited access to the Japanese account (the limit on my credit card was very low.)
But I sent what I could and I hope it helps – every bit does, right?
Right, Victoria!! As others are on wending their way to Vacouver or have already arrived there, I’ll say for all of them – thank you so much! You’re very right — every little bit we can send will help. As, Stephen said *inch by (bloody) inch*.
I wonder if the Canadian government also threatened to impose draft costs on Sue Rodriguez?
Are draft costs imposed at the government’s discretion, or must they be approved by a judge?
@ Marie
Costs are at the discretion of the presiding judge. ( Thought I would answer this question, while the team is flying to Vancouver.) Hope that helps. Lately, judges are awarding costs in favour of the Government, when they are successful which of course was not past practice and it results in a general deterrence to ordinary litigants, such as Gwen and me, who oppose the government on behalf of million of others.
Not quite an even playing field is it, when you consider that tax payers are the actual funders of those costs?
I know I speak for Gwen also in saying that your support has sustained both of us and our team as we have approached this court date. There will never be enough words to be able to thank each and every one of you. You truly are the best group of people I have not ever met. We both are so grateful to you for giving us this honour to be your representatives. We could not have done this without you.
Thank you for commenting Ginny and providing clarification.
This is a travesty; “…..Not quite an even playing field is it, when you consider that tax payers are the actual funders of those costs….?”
The Government of Canada is abusing Canadian taxpayers and misusing our Canadian tax dollars by siphoning them off in order to defend their shameful ceding of Canadian sovereignty and their persecution of Canadian citizens and residents under the terms of the FATCA IGA, and then they stall the court, and try to deter us from having our issues heard by targeting the plaintiffs – it makes my blood boil. Rather than defending Canadian citizens as they are sworn to do, the Cons are elevating a foreign country’s interests above those of the very people whose interests they are sworn to protect -because “Congress has spoken” as one of the Cons on the Finance Committee state; He said;”……..I recall a conversation that took place when we were in Washington a month or so ago, during which we asked the Treasury officials about this, and we registered some of the concerns of our Canadian citizens. Their message to us, very clearly, was that Congress has spoken, and that this has been the U.S. law since 2010. ” (May 6th, 2014 / 4:15 p.m. Conservative Mike Allen Tobique—Mactaquac, NB ) https://openparliament.ca/committees/finance/41-2/32/mike-allen-1/
Ironic – the Canadian government ABUSING Canadian tax payers and tax dollars in order to collude with and defend the actions of a FOREIGN government’ s extraterritorial information and tax collection directed towards Canadian citizens resident in Canada who are entirely compliant as Canadian taxpayers.
That is disgusting.