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.
Am following this page too – my thoughts and best wishes are with you all; I picture our stalwarts meeting each other in Vancouver and our legal team fending off the minions defending the indefensible FATCA IGA in Canada – a folly that is being funded by the Harper Cons ab/using our own Canadian tax dollars against Canadians in their own home – in order to assist a foreign government’s extraterritorial financial and personal data grab – which is very clearly the assistance in collection precursor to their extraterritorial tax grab.
While we’re waiting, I’d like to underscore the FATCA IGA Con hypocrisy in some of the Prime Minister’s statements today:
http://www.thestar.com/news/canada/2015/08/03/harper-on-the-offensive-slams-wynne-and-notley.html
“…Harper fired back Monday, called the proposed Ontario pension plan a tax grab that will imperil jobs.
“Kathleen Wynne is mad that I won’t help her do that … you’re bloody right,” he said. “The Conservative government is not going to help bring in that kind of a tax hike.”..”……
Nope, Harper and the Cons say that they WON’T HELP US with an enhanced CPP, and they WON’T HELP Ontario with a public pension plan to fill the gap in the CPP, claiming that would constitute a “tax hike” and “tax grab” but THEY ARE WILLING TO HELP A FOREIGN COUNTRY’s TAX AND TREASURY APPARATUS to TRACK DOWN AND EXTRACT CANADIAN RESOURCES FROM CANADIAN CITIZENS AND RESIDENTS.
HARPER WILL ACTIVELY ASSIST A FOREIGN GOVERNMENT TO EXTRATERRITORIALLY GATHER THE PERSONAL AND FINANCIAL DATA OF CANADIAN CITIZENS AND RESIDENTS FOR FOREIGN TAX PURPOSES; BY PASSING and ENFORCING THE FATCA IGA DIRECTING CANADIAN FINANCIAL AND NON-FINANCIAL INSTITUTIONS TO SIFT THROUGH THEIR LOCAL ACCOUNTHOLDER RECORDS, REPORT THOSE THE IGA DESCRIBES TO THE CRA WHICH THEN REPORTS TO THEIR NEW MASTERS – THE IRS, the US TREASURY and the US CONGRESS, THEREBY EXPOSING AND SUBJECTING OUR CANADIAN PERSONAL AND FINANCIAL INFORMATION TO THE FOREIGN US PATRIOT AND HOMELAND SECURITY LAWS, ACTIVELY ASSISTING THE US TREASURY TO LOCATE (THE BETTER TO EXTRACT/EXTORT) THE LEGAL LOCAL CANADIAN POST-TAX SAVINGS OF OVER 1 MILLION CANADIANS AND THEIR FAMILIES WHO ARE RESIDENTS IN THEIR OWN HOME COUNTRY OF CANADA.
WOW! Harper WON’T help us save for old age, but he IS HAPPY to CONTINUE to ASSIST THE US in LOCATING AND EXTRATERRITORIALLY TAXING our Canadian REGISTERED SAVINGS, Disability benefits, Education savings, Canadian family homes, mutual funds and other Canadian assets by WILLFULLY MAINTAINING the unconscionable TAX TREATY GAPS in the Canada-US Tax treaty. Harper and the Cons won’t assist our home province to help us to save for our old age, but he WILL assist a FOREIGN COUNTRY – the US to extraterritorially LOOT our legal local savings in order to impose US TAXES ON CANADIANS!
I hope the Judge is scratching his had and asking the Defendents Lawyers;
“These two plaintiffs are Canadian Citizens, why are we arguing about this. What makes them any different than you or me?”
The sun is setting where I am at, yet I can still see the glow to the west……I am thinking of Vancouver so far away. A beautiful red glow to the west this evening.
Folks, I can not believe that this rag tag group scattered to the four corners of the globe have made it this far.
This effort could have never happened 20 years ago.
@Phil
I think it is highly likely that the judge will reserve his written decision and reasons. But the motions will likely be ruled on by the judge orally. How long the motions will take and what percentage of time from our two day slot is up to the judge.
If there is any word on if it today’s proceedings will go into the afternoon I would like to know. Maybe I can pop in .
Is it not lunch time or later in Vancouver now ? Have the arguments re the Motions been completed yet ?
I arrived just before we broke for lunch. Proceedings going into the afternoon. Judge is engaged.
@Bubbles……….just what exactly does “Judge is engaged.”
For all I know, he got engaged to get married last night…..LOL LOL
What is courtroom number?
@George
If he did get engaged hope it is not to a ‘US Person
@Bubbles – Judge is engaged by the debate on the Motions or on the Summary Trial?
Wishful thinking but maybe the Judge realizes that it is now or never … deal with the matter or data escapes into the wilds south of the border never to be corralled in privacy again. Gosh I wish I was watching this live.
Just another thought – reading Santander’s UK Fatca stuff today and Experian keeps coming up. What stopping Santander sharing your citizenship(s) with Experian (consumer credit rating agency)?
This effectively would create a common FATCA database. Another troublesome thought to consider giving money to this cause.
701 I think. Definitely 7th floor.
Still trying to get Christians/Wood opinions dismissed.
@Bubbles …. we need a court reporter feed ! 🙂
@Don … that is as terrifying as the database being in the NSA server farm in Utah.
Government adjournment request denied. SUMMARY TRIAL BEGINS!
This good!
Woo Hoo!!!!!! Now I can relax “a bit”.
NB: UPDATE:
Judge has DENIED the federal motion for adjournment! The summary trial has now begun and Team Arvay is up first. Judge has also reserved his decision on the motion as to whether to allow as admissible the Supplementary affidavit of Pro. A. Christians.
Trial starting now?
Good news indeed, Bubblebustin! So long motions hearing, let the summary trial begin …
Fabulous!!!! Onward and upward
Fantastic!
Good news and may it carry on. Thanks for the update….