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.
@Ginny My wife is standing right there beside you and Gwen and you have ALL of us CANADIANS right behind you until the and and even after that. The Native community is proud of you all and this news will spread fast. Thank you all!
@ Ginny Hillis
Not just “a plaintiff” — OUR plaintiff. I know you are a dignified person of the law but well … HUGS to you!
Following developments live from New Zealand!
@NativeCanadian
Your words are very kind, thank you. I am very honored, as I know Gwen is to have the support of the Native community. We thank you and your generous family for your financial support as well. You have made many personal sacrifices, as have so many of our donors and supporters.
Joe Arvay is now arguing the Revenue Rule. Gwen reports the judge continues to be very engaged and closely listening.
@osgood
Welcome NZ!! Isn’t it tomorrow there? -:)
After all this and more to come, I am moved to tears. They are tears of joy. It’s been an emotional roller coaster to say the least. Keep on keepin’ on!
Ginny and gwen
The only dual citizenship you have is as a commonwealth citizen
A whole lot of fellow commonwealth citizens are standing with you
Currently 11:21 AM on Weds 5th !!
Ginny, that’s hugs all around.
Thank all of you in court for keeping those of us who could not be there with you updated on the court proceedings. Many thanks to Ginny for helping us understand what is going on. Does anyone know if there are any journalists in the courtroom monitoring the case?
Gwennie now reports: Going on now to the non-discrimination rule. Arvay is speaking about how US Canadians will now have banking information disclosed to the CRA without due process protections that other Canadians have.
This is my personal favorite argument. Go Joe! The Feds must be frantically scribbling on their yellow legal pads ( or iPads?).
@Ginny I hope they are not scribbling on Ipads, they have been hacked!!
@George
I’d like to think of myself as a Citizen of the World, if it didn’t contain the bully USA.
Gosh this case is being monitored across Canada, in the UK, in Jamaica, in Australia and now also in New Zealand. I am sure that there are many other countries also watching this but which I am not able to identify …. like the US, Hong Kong / China, Korea, in the EU, in Switzerland ….. wow !
@Native Canadian
Hack away. What else can the feds charge us with?
That was a joke, honest Feds, if you are reading here. I know as a lawyer I can’t counsel anyone to break the law, so in addition to your demands that Gwen and I pay you $37,000 in court costs tomorrow, don’t try to get me disbarred, ok?
@Ginny, it was in the news 2 weeks ago that Iphones and Ipads were hacked by someone. I hope the government has some sense if any, to protect us. I hope this sends a clear message to the rest of the world that people CAN stand up and fight. Canada is clearly a dictatorship and thought they could step on the small people. Our not honorable prime minister even went through the trouble to strip us of funding for our rights leaving us broke and told we cannot fight. Not this time.
Following developments from Australia. Good luck! It is the 5 of August here, 10:30 am
Joe has turned the podium over to our other brilliant lawyer . Mr. Gruber is now speaking on technical legal matters with regard to the convention and the exchange of tax information precedents.
I noted the judge took out his pink highlighter pen when Arvay talked about the non-discrimination rule, also a personal favourite of mine.
@heartsick
Gwen thinks there may be a couple reporters there.
@ Ginny…Thank you. As a book keeper working for a British Columbia law firm, I was absolutely terrified when I had to tell my employer that because I sign on his general, pooled and special trust accounts the US believed they had a right to his information. It was very scary.
Ginny and Gwen, I wish you both a successful outcome in your favour!
Sounds very encouraging. Rock ‘n roll!
Sad the donations are still $25K short. If there are people reading these posts, who are affected by FATCA and who haven’t donated yet, what on earth are you waiting for? The tooth fairy?
Thanks to everyone who has made multiple donations over the last year but to those who haven’t, come on folks. Don’t just sit and wait for someone else to take the risks as Gwen and Ginny have, the least you can do is contribute to the legal fund. I’m not even affected by FATCA, nor is my wife thank God and her CLN, but I’ve donated multiple times. If I can do that, why can’t those who are affected? Every little bit helps. And if anything like a tenth of the estimates of how many Canadians (not to mention supporters from outside our borders) are affected, is close to accurate, if all those folks gave even $10 the bills would be paid with lots of change to spare. So either the numbers are wrong, or too many people aren’t listening or aren’t pulling their weight on behalf of all and maybe are hoping everyone else will do it for them. Shame on you, if that describes you.
Gosh I go offline to drive a few minutes and do much happens. Go Team.