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.
The Government still hasn’t connected those dots. They took the easy way out to appease the foreign country with a gun in hand and all behind closed doors with no note of all of our, those Canadian citizens and permanent residents who are affected, submissions — those Con government representatives in charge of the well-being of this country.
Judge Martineau is proving that critical thinking skills were not a requirement for being elected to lead this country.
@Bubblebustin
The US will use the account balance information for sure. Cha-ching FBAR fundraiser and cha-ching asset seizure.
How will the US get the Canadian government to hand over expats’ money? They will simply threaten the banks again and the Canadian government will roll over like they (and the rest of the world) did for FATCA.
Certainly, we have an engaged judge. His questions to both Feds and our counsel have been pointed. My personal perception@Tim is he realizes the time constraints. This is the type of judge I prefer to be in front of, despite the interaction as you pick up clues as to how to frame your submissions and arguments.
That skill is what our team excels at, among other things so I am sure, whether it is Arvay or Gruber who does final submissions, they will concentrate on addressing those issues to the judge’s satisfaction.
I just hope that our piece of #$@%#$ prime minister doesn’t try to call the judge on the phone and try to sway his judgement.
@Tricia
Priceless! Always a great moment when the audience actually is laughing.
I am so close to yelling BINGO I can taste it!
How long will today in court go? Is there still the John Richardson information session starting from 6:00 to 8:00 p.m.?
You are all going to be exhausted — but a good exhaustion.
Thanks so much all of you for the running commentary. Those of us who were unable to be there feel so much better — I don’t know what I would do with myself not knowing what you’ve shared.
Calgary
We don’t know how long court will go on…but meeting is still planned to go forwardfrom 6-8 pm.
It has been a very special experience to be together as a group. More on this later. It is our privilege and pleasure to pass on what we can.
Thanks again to everyone out in Vancouver. We love you all!!!
New Zealand thanks you – hopefully someone from our gutless government is listening, but somehow I doubt it.
It seems to me that the government’s saying that FATCA’s legal because it’s the law.
@osgood
Hang in there. If my understanding of your laws is correct, you have similar constitutional rights as Canadians do. Has there been any movement in your country to bringing a court challenge? Or is NZ waiting to hear about the judgment in our case? Or just indifferent.
Unfortunately, I seem to have lost my insider court spy feed, so am feeling a little redundant now and my Bingo game has come to a stop. And yet I was so close. One spot left to be filled: the Guvs want to keep that close trade relationship with their USA buddies going. Or the bankers, or …..
Or anything but those darn duals.
I second that one Deckard!!!!
There is nothing I would have loved more than to have been in Vancouver with the “Hole in the FATCA gang”!
I have done NOTHING for two days but refresh, refresh, refresh. Thank you all for keeping us posted.
Oh Osgood c’mon….everyone and his/her mother’s brother reads Brock! It’s THE place to go for expats. ;-P
@George
Anytime you are at arm’s reach, fish and chips dinner on me @ Sir Cedric’s. Love the Grand Bend Ontario area too.
@Bubbles
Yup that seems to be the Fed’s theme. It’s the law. What they miss is, while it may be USA law it is not my law as a Canadian. I know where the border begins and ends. Perhaps they need a Geography refresher course? What do you think?
@Ginny
NZ has a Bill of Rights with similar protections (discrimination etc.), but they just ignored it when they slipped in the legislation in the same fashion as Canada. The tax treaty issues are also similar. I don’t think there are enough USP here to fund a court challenge, although that might become more likely depending of the outcome of this case in Canada. It will too late to stop the data flow in September anyway.
@osgood
True about the number of USPs you have. Canada and Mexico, not surprisingly have the most. And I doubt Mexico wants to wake the bear on this issue.
Great to follow developments from afar. My latest small donation went out a few days ago. From experience it will take 2-3 weeks to arrive.
Thanks to all, whatever the outcome!
@Ginny Hillis
Re: BINGO. I have not heard they had to do it else Canada would be economically crippled. Is legal ready to ‘knock this one out of the park?’ I posted alternative avenues of action for Canada on the metronews article:
http://metronews.ca/news/vancouver/1445874/two-women-challenge-law-allowing-ottawa-to-give-info-to-u-s-tax-collectors/
Another donation coming from me. Thank you for all the court updates,
May it be a Happy Birthday decision for a certain Patricia!
Thank you foo and grouchy for your donations. OK, I guess I will wrap this up tonight and I would expect we will hear from the attendees when they have time to give us their first hand account and impressions of the court proceedings.
I have really enjoyed spending these two days with you and getting your feedback and support.
Couldn’t do this without you. Thanks for everything.
Does this mean we`re done for today? I was expecting some news about “rebuttals” from our side and/or John Richardson. Thanks for all of our “insiders” reports. Pierre.
“Yup that seems to be the Fed’s theme. It’s the law. What they miss is, while it may be USA law it is not my law as a Canadian. I know where the border begins and ends. Perhaps they need a Geography refresher course?”
I’m no fan of Russia’s invasion of Ukraine, but I’d be a fan of a map if they draw one.
—————————————-
U.S.A. | Not the U.S.A. |
———– | |
————— |
| ————-|
| U.S.A. |
——– —– |
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PierreD,
I suspect we’ll have some more good reading tomorrow. John Richardson’s information session started at 6:00 p.m. Pretty full day for all the court reporters.