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.
@ Nervous Investor,
RE: “Can the elevator ruling be correct ? I dont understand how it is of any concern of the Judge whether we have paid the last 4.x% of the fee BEFORE he issues his ruling. That surely is a matter between our Attorneys and ourselves.”
No worries. I’m sure that comment was a humourous poke from one Brocker to others (particularly those who haven’t contributed yet) to send a contribution to ADCS. The Judge has no idea of how or to what extent a party to the litigation before him was funded. That’s definitely a private matter in Canada.
Thanks for sharing your prayers this morning too.
@ badger
What a busy day of writing you’ve had today. Kudos and many thanks for being here, there and everywhere with the FACTS of FATCA and a whole lot more.
@Embee, I had to do something while the suspense was building. Luckily I couldn’t log on earlier or I’d have been fruitlessly and compulsively refreshing the page for naught. What I wouldn’t have given to have been there with the Brockers today!
@ pacifica777
The “rumour” puzzled me but I’m on a steep learning curve with the litigation process so it seemed possible. Actually I kind of hope the judge comes to realize (perhaps after his ruling) that it wasn’t easy collecting hundreds of donations from people, most of whom did not have very deep pockets.
@Pacifica. “The Judge would have no idea of how or to what extent a party to the litigation before him was funded. That’s definitely a private matter in Canada.”
Unless the judge surfs over to the lead post at Brock, which hardly seems private. 😉
Very promising day. Gratitude to all.
Just to clarify my comment above, I’m not the one referring to the proposed Ontario Pension plan as a “tax grab” AND “tax hike”, it was Harper Harper did today http://www.thestar.com/news/canada/2015/08/03/harper-on-the-offensive-slams-wynne-and-notley.html . which is why I find it so ironic that that is just what FATCA – and thus the IGA, is designed to facilitate – but weirdly it is an obvious and transparent US tax grab and US tax hike on Canadian made and sited assets that the Canadian government has chosen to assist – rather than help us save for our old age.
@Embee, it is just like the bad old days (2011, etc.) – I’m up, but so are some Brockers! Good thing Canada is a country with various time zones stretching “A Mari usque ad Mare” ( http://www.pch.gc.ca/eng/1363193195814#a2 ).
Thanks for your company today and everyday, I was too excited to call it quits until now.
Good point, Shovel. It sure isn’t private on the front page of the site 🙂 But although the amount of funding is public knowledge by choice, I stand by what I wrote about the timing of decision is not contingent on the funding.
Agree completely with your final paragraph!
@badger
Here’s something else that’s appropriate for today from your Official Symbols of Canada link….
Et ta valeur
de foi trempée
Protégera nos foyers et nos droits.
(Thy valour, steeped in faith, will protect our homes and our rights)
@Em,
RE: “The “rumour” puzzled me but I’m on a steep learning curve with the litigation process so it seemed possible. Actually I kind of hope the judge comes to realize (perhaps after his ruling) that it wasn’t easy collecting hundreds of donations from people, most of whom did not have very deep pockets’.
The judge and the court staff are paid from federal tax dollars, so what we’ve paid our team, that we’re late on the last payment, won’t impact the timing of the Judge’s decision.
I suspect the judge doesn’t even think about how the case is funded. It’s not material to his decision. So, I don’t think it matters (unless subliminally, if he does know about it).
My last act at 11.45pm (Greenwich Mean Time) on the 4th: refresh once more. My first act, 6.30 am on the 5th: refresh again and read, read read, to catch up on the extraordinary news from Vancouver. Too moved to describe how this feels… but that’s not necessary, as I know that we understand each other. May you all have well-deserved sound sleep and renewed strength for Day 2. The entire ADCS team is enfolded in a global embrace of hope and gratitude.
From the mountain tops of Switzerland to the mountain tops of Canada….
A song for Ginny and Gwen and all our brave team at ADCS to relieve their stress.
If I had a hammer, I’d hammer in the morning
I’d hammer in the evening, all over this land
I’d hammer out danger, I’d hammer out a warning
I’d hammer out love between my brothers and my sisters all over this land
If I had a bell, I’d ring it in the morning
I’d ring it in the evening, all over this land
I’d ring it in danger, I’d ring out a warning
I’d ring in love between my brothers and my sisters all over this land
If I had a song, I’d sing it in the morning
I’d sing it in the evening, all over this land
I’d sing it in danger, I’d sing out a warning
I’d sing in love between my brothers and my sisters all over this land
Well I got a hammer and I got a bell
And I got a song to sing all over this land
It’s the hammer of justice, it’s the bell of freedom
It’s a song about love between my brothers and my sisters all over this land
A bell has been rung; may our song be heard and the judge’s hammer come down on the side of Freedom and Justice for all our brothers and sisters in Canada throughout the world.
Good morning brockers
Good to see a few west coast Canada brockers are still awake
I am looking forward to the info coming out late my time
@All
Good Morning to all you caring people. Good Morning to the entire Team in Vancouver who are probably trying to sleep.
May God bless our Team with another strongly productive day today manifested through the efforts of Team Arvay / Gruber representing the side of Justice in Federal Court on this Day 2 of the Summary Trial.
May the efforts of the Opposing side be confounded.
To all Brockers: Thank you for your fellowship.
Stupid me again, I have only just found all these comments on proceedings in court – fascinating reading. I wonder if this whole ‘comments’ thread could be made more prominent so those not in the know can find it more easily? I know it’s at the top of the IBS home page but perhaps it could be made clear that updates on proceedings will be found in the comment section. I kept clicking on Litigation Updates and found nothing new. It’s so important to make things clear and accessible to people new to this website if we want to encourage new donations. Thanks.
(AEST) Signing off. Tried to push this one on Twitter:
Should the United States stop taxing people who don’t live here?
@JC I see some twittering on the topic by a Jamaican.
#FATCA Same Country Exemption #SCE = nonsense Think:US linked retiree in Ukraine needs to bank elsewhere for safety
#FATCA Same Country Exemption #SCE = nonsense Consider:US linked Oil Worker in N Africa needs to bank elsewhere for safety
#FATCA Same Country Exemption #SCE makes no sense.
Consider:US Person in Greece needs to bank ex Greece to avoid forced conversion ex Euro
Should the United States stop taxing people who don’t live here? Should the countries of the world tax people who live in the US ?
#FATCA SCE; No solution despite PR
Fatca Relief Coming for U.S. Expats Via ‘Same Country Exception’? – Opinion http://blogs.wsj.com/expat/2015/07/28/fatca-relief-coming-for-u-s-expats-via-same-country-exception-opinion/ …
Re: “Keep this litigation funded”
How far does this 500K take us? Does it cover the costs of the first trial which is tentatively scheduled for sometime in 2016??
In 2010, Justice Martineau made a “stinging judgement” against the Minister of National Revenue and Canada Revenue Agency.
http://www.canada.com/story.html?id=6727dee6-26b6-4e83-af2a-1b0ccd6dd64c
Stephen Harper “raged against Supreme Court rulings”
http://www.thestar.com/news/canada/2015/08/04/stephen-harper-wont-run-again-even-if-tories-win-new-book-says.html
I hope Justice Martineau will make a “stinging judgement” against the IGA and CRA in our case. I also hope that will leave the Chief Conman in a rage.
Being at the Summary Trial today was quite an experience. We all walked into the court room knowing there was a possibility of adjournment. Instead, the case went ahead and we were in court all day until 5:30 pm. The Justice was very attentive and interested in our case. Our attorneys, Joseph Arvay and David Gruber are an amazing team. Seeing them in action on our behalf proved a riveting day. Sometimes one expects a court proceeding to be dull and full of legalese. This was certainly not the case here! I am looking forward to our second day in court and meeting with fellow Brockers. It is expected to be a full day with decision rendered at a later date.
While we await the 2nd day of the trial, I also would like to express many thanks to those individuals who put so much time and effort to get us where we are today, including the choice of a very capable legal team.
All the best to all Brock supporters in court today and the entire team. Stay strong. We are on our way. Our cause is just!
Ty Blaze. The 2nd link did not work for me but the 1st one did. Clearly demonstrates the bad behaviour of the Tax Authorities.
Working North of town here, just checking in from a public wifi spot here in Grand Bend ONT. I will say that without a doubt, I will be donating in the future all I can. I will work harder to alert the Native Chiefs in Ontario to this case and what this means to Canada’s Aboriginal peoples and how it impacts their privacy. Thinking of you all while out of town at work here… I’m there with you!!
Gwen, Ginny, Stephen, John, Tricia and all Brockers and Sandboxers who are in Vancouver either in person or in spirit — the best for another day’s proceedings and argument by the Arvay team.
We must fund this litigation. Our futures and our children’s futures in Canada (and, hopefully, other countries) depend on the start of litigation here, in the US and, hopefully, in other countries. If we fail to fund here, we have no fair and just future for we are branded with that US deemed-US citizenship tattoo and second-class for the rights we have because we or our parent(s) were born in such a country that practices citizenship taxation, out of step with the rest of the world.
http://www.adcs-adsc.ca/