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.
Finally some time to catch up after an amazing few days in Vancouver. Audio transcripts of the trial must be ordered using a particular form that must be signed and dated. I will call the Court today to find out if this form is available online. Otherwise you may need to call the Court first to ask them to send you the form. The number is 604-666-8181.
I will look into this today after offices open on the west coast.
This is a case that Justice Martineau heard; was brought up during the trial as involves some parallel issues
http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/37900/index.do?r=AAAAAQAYcGFjaWZpYyBuZXR3b3JrIHNlcnZpY2VzAQ
@Muzzled. It is difficult for those of us outside Canada (and worse those of us in areas that do not have reliable mail systems) to deal with the back and forward with forms and signatures and then mailing out of CDs. Is it possible to either buy several and then get repayment from us and then to Fedex these out at additional cost or put them on a server (youtube maybe?) to be downloaded ?
Here is the link to the site that includes the order form for audio transcripts of a Canadian Federal Court proceeding:
http://cas-ncr-nter03.cas-satj.gc.ca/fct-cf/pdf/DARS%20Notice%20feb-6-2015%20(ENG).pdf
Has ADCS thought to update the Canadian Civil Liberties Association on these developments? I know that many were disappointed that CCLA did not join in the opposition to the IGA, but I believe that they are broadly sympathetic.
Thanks for finding and providing the form needed, MuzzledNoMore. (I got an error and then asked what program to open it: I chose Adobe Acrobat and it opened OK.)
Now we’ll need to fill in:
Hearing requested:
Court File Number:
Case name:
Date(s) of Hearing:
Presiding Judge/Prothonotary:
No longer listed here http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/West_List#19, but someone will have that information / on the legal documentation that we have?
(And, I just asked that my printer to print and got two blank pages — now, what’s wrong with my printer?)
Folks may care to comment at the link below. I have done a 6 part posting re the Litigation quoting extensively from John Richardson’s summary on the ADCS-ADSC.ca site as well as other observations and comments on this site and twitter.
http://jamaica-gleaner.com/article/business/20150807/fatca-takes-effect-september-30-jamaica
Good point NorthernShrike
Bubblebustin – you may be right that the judge will have a statement/decision by Sept 13 but not a complete (eg written) ruling by that time. We all should order a CD of the hearing to be certain – there was just so much said and by the end we were “listened out”
For those waiting for more information:
UPDATE, post-August 4 and 5 summary trial dates (again through cross-post from @ADCSovereignty, John Richardson): https://adcsovereignty.wordpress.com/2015/08/07/morning-after-hangover-dont-think-about-law-and-drive-more-on-adcsoverignty-fatca-summary-trial/
@LM
Maybe wishful thinking that the judge would have make a decision by September 13th, but I would speculate that if he did it would be a positive one, as why would he bother with an incomplete picture of why he made that decision unless it’s to invoke what he feels is a necessary barrier to the release of information?
As you know, Calgary411, a “hangover” is how I felt yesterday too. That said, it feels as though the burden’s been lightened somewhat by Justice Martineau’s comprehension of the situation. Nice that finally someone in the Canadian Justice system gets it!
The filing updates, with some case info is here:
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1736-14
Looks like the judge already has the transcripts.
I wonder if the judge has any idea that the Aboriginal peoples of Canada are also well involved in this information exchange
Thanks for this linked information, The Mom, providing some information we will need for ordering audio of the proceedings — and on what has transpired in court on the case itself. Very useful!
Background on just why schemes like FATCA and the attendant various IGA are plaguing people in Canada and around the world.
http://www.thenewamerican.com/world-news/north-america/item/19296-cfr-globalists-outline-strategy-for-north-american-community
Very good question, NativeCanadian!
Thanks, FuriousAC,
I’ve expressed my thoughts on this subject before. They are similar to those of the commenters but likely because of different *exceptional* reasons.
RE: the request for CD form
What do we fill in for “Purpose of Request”? We’re not lawyers or media so obviously we have to fill in something under “Other”. I note this on the application page:
I’d also like to know how clear the audio is because if it’s mostly garbled I’d likely not be able to get anything out of it. My hearing is sub-par.
@ FuriousAC
Blood chilling isn’t it. There’s a reason Petraeus rhymes with “betray us” and no surprise about Zoellick of Goldman Sucks, the evil “vampire squid”. I’ve been reading (and worrying) about NAU and NWO since the time they were saying you must be nuts to believe that. The jackboots are marching in quick time now.
@NorthernShrike: I have e-mailed CCLA numerous times over the past few months. I have phoned a few times.
Abby Deshmab’s replacement did not respond even once (Abby is on maternity leave). Finally I e-mailed the Executuve Director.
I will post her reply later and let you judge for yourself how much we can count on them.
@Embee, “We’re not lawyers or media ”
IBS is media….
@EmBee,
“RE: the request for CD form
What do we fill in for “Purpose of Request”? We’re not lawyers or media so obviously we have to fill in something under “Other”. ”
If I was ordering, I would give the purpose under other as something like Canadian personally affected by case decision, or Canadian in similar situation to Plaintiffs, or Canadian affected by FATCA implementing legislation.
I’m looking for that quote from Justice Martineau that addressed the liberal sharing of information that shouldn’t be so liberal as to do something else, but can’t for the life of me find it. I’d like to have it framed. Does anyone know where it is?
bubblebustin and others who’d like to see this again:
http://isaacbrocksociety.ca/2015/05/03/99929-needed-in-94-more-days-to-make-the-100000-august-4-2015-payment-for-canadian-fatca-iga-lawsuit-il-nous-reste-99929-a-ramasser-pour-notre-poursuite-judiciaire/comment-page-50/#comment-6357617
and
http://isaacbrocksociety.ca/2015/05/03/99929-needed-in-94-more-days-to-make-the-100000-august-4-2015-payment-for-canadian-fatca-iga-lawsuit-il-nous-reste-99929-a-ramasser-pour-notre-poursuite-judiciaire/comment-page-50/#comment-6357635
It was so WONDERFUL to have the input of Gwen and Ginny Hillis during the trial. What would we have done without a feed from the floor of the courtroom and some views of what it might mean!! Thanks again to our two Plaintiffs!
Thank you, Calgary411, I knew I could count on your excellent sleuthing abilities!