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.
@heidi
No, @heidi, I don’t see it as a time for fear. I see it as a time for focus.
My focus is on FATCA and the fight against it. There may be other worthy fights going on right now–but I’m not focused on those fights. If others are, that’s great, but my focus is on FATCA. And I hope–and in fact I believe strongly–that the people I’m giving donations to have the same singular focus on FATCA that I do.
Yes, there is a lot of “stuff” going on right now. As a private individual I have limited energies. I’ve chosen to focus my energies on the fight against FATCA and the Canada-US IGA. If others choose to put their energies in different places that is their decision but it is not my decision. When I make a commitment to a particular worthy task, I keep my focus on the task at hand, no matter how worthy other tasks might be. And my commitment is to the fight against FATCA and the Canada-US IGA right now.
@Dash
Yes it is a time for focus, it is also a time for education and awareness. You cannot close your mind to the big picture. The banks and now the large multinational companies are controlling governments and setting policies and all this in secret. It is no longer “of the people, for the people and by the people anymore.
While my focus, too, is on FATCA and the IGA that my country signed behind closed doors and then legislated implementation of in an omnibus bill, none of it transparent, I also have the big-picture concerns that you do, heidi. Neither is US CBT a transparent reality even though we should have learned about in our schooling. More of *we, the people* are learning about it now.
The collective WE must ask WHY and we must constantly search for awareness of what our government representatives are doing about after we vote them into office. Do we give the government representatives blanket permission to do whatever they deem they must do or are our government representatives to represent the well-being and speak for those constituents with some transparency? The media today has more money-making priorities than researching and providing awareness on these issues — other more entertaining articles are easier to pay their bills. We, the people, lose as responsible journalism has gone by the wayside in this fast-paced world.
@ Nervousinvestor
THANK YOU for the rescue in the Telegraph article. I was fighting above my weight class with Mr. Baumann. Is there a way we can quickly alert you if the discussion starts getting into foreign debt vs % of US GDP, the technicalities of reserve currency issues and the like gobbly gook? I start to do a brain fog yet CANNOT let him, or the like, have the last word. I HATE to have the last words standing be against us yet I am unable to rebut such issues. (The smart ones are difficult….I prefer the black-op helicopterers-new word)!
You need a red phone alert line!!!
@Charl
You are too kind. I do my imperfect best.
If I am on the internet I will probably have the Brock site open much of the time in any case there might well be a whole Special Forces platoon monitoring Brock who often will come to your aid. I have been rescued a time or two myself.
I hate to do it but sometimes the time to do battle with some of these “know it all”s can be difficult given one’s life otherwise …. sometimes it hurts but it can be more efficient to retreat to fight another day.
The judge seemed rather bothered that Canadian financial institutions would report on not only Canadians who are US persons, but also non-US Canadians who share bank accounts with them (specifically spouses). I’d hope that if he can’t for some reason place an injunction against the sharing of information pertaining to those with US taint, he would at least do so when the account is shared with a non- US Canadian.
Yes it is a time for focus, it is also a time for education and awareness. You cannot close your mind to the big picture.
Well not for me I guess. When I decide to act, I do in fact make a decision to focus more on the task at hand and less on the big picture. And I’ve made the decision to act. As long as people are fighting the FATCA battle, I’ve made the decision to support them. And that means that most of my energies for education and awareness are going to go into keeping informed about this issue–and that necessarily means less awareness of the “big picture” given that I’m human with human limitations.
Everyone, of course, needs to make their own decisions but I am, indeed, trying to gently persuade people to focus their energies on the FATCA battle–because IMHO this is something we’ve started and therefore need to commit ourselves to finishing–and therefore less on battles against other injustices. I prefer to stay focused–and hope to persuade others to stay focused though of course I can’t tell anyone else what to do–on the FATCA battle and trust that if there are other battles to be fought (and there are), that others will pick up those fights.
To put it more succinctly: we should pay the $&#*% $14,970 bill and honour that commitment to our attorneys before we invest time in the TPP and TTIP fights. Let’s finish what we’ve started before we start taking on other commitments.
@bubblebustin
While that would definitely be better than nothing, I think in the short term Justice Martineau probably needs to issue an all or nothing ruling: either the data gets turned over or it doesn’t. I doubt there is time between now and Sept 15 to put new infrastructure in place saying that some of the data gets turned over but some doesn’t. To sort it all out, it would seem to me that he needs to order that, at least in the short term, no data gets turned over until it can all be sorted out.
Thank you for today’s (August 10th) update, Stephen, showing that Justice Martineau is working toward his goal of September 13th for his final ruling on the August 4 and 5 summary trial.
I wish him well in his deliberations.
Now we have to do our part and make that over-due payment.
http://www.adcs-adsc.ca/.
I don’t know what was in the numbered motions which were “dismissed with costs” but it’s obvious Justice Martineau is not taking a vacation (hope he did prior to the summary trial). While he works at the business of making a decision, we have some unfinished business … raising $15K for that overdue bill. Focus. Focus. Focus.
@Dash
We are all focused on the FATCA issue. That iswwhat we are all here for. I am not Canadian and no longer American but I am still here and have contributed to the ADCS cause. For a non Canadian it is part of the big picture for me.
FATCA was slipped in when no one was looking. That is why we must all stay alert for other betrayals like TTP which give the banks and multinationals control over our governments.
It is the multifaceted nature of Isaac Brock that is part of its success and hopefully the success of ADCS.
Cross-posting this link to http://isaacbrocksociety.ca/media-and-blog-articles-open-for-comments-part-2-of-2/#comments
I’ve added links and quotes in the comments for a couple of fine new articles that show how our anti-FATCA spirit is gaining momentum!
Where can Justice Martineau’s rulings be found ? What does “Dismissed with costs” mean Embee ?
Does this dismissal aid or harm our case ?
Read Justice Martineau’s rulings on the preliminary motions. Not exactly sure what they mean. Maybe the “lawyer types” can explain.
I have now found the Link from the text.
Yes, we need a lawyer-type or a decoder ring. Sounds like a lot of rejection of a dismissal to reject a dismissal to me…help!
@ nervousinvestor
I don’t know what “dismissed with costs” means. That’s what it says in the “Proceedings Queries”.
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1736-14
So it looks like the Christians and Wood supplemental affidavits will not be considered but I hope there is all the judge needs in their original affidavits and that the plaintiffs’ reply argument still stands (so good). I need a Coles Notes guide for all this.
Off topic. A litttle inspiration from Raffi Cavoukian (brother to former Ontario Privacy commissioner Ann Cavoukian). https://www.youtube.com/watch?v=beu8HLoaSDQ
Thanks, Sid, for the link. MY kids grew up with Raffi.
Who knew the Canadian Cavoukian family has more than one concerned with privacy and other important Canadian issues?
I just got back from Vancouver having spent an extra week visiting friends and family there (hence the slow thermometer update). Today marks the one year anniversary since we filed our court case. We should really be proud of what we have accomplished in such a short time. The fight is not over, but what a feat we have pulled off in one short year!! Let’s give ourselves a much deserved pat on the back, take some slow deep breaths, scan the horizon for the enemy and continue the fight!
@heidi
FATCA was slipped in when no one was looking.
Yes, they definitely have a tendency to slip stuff in when people aren’t looking. The challenge for me is distinguishing between situations where something real and dangerous might actually slip in (eg FATCA) and when it is merely political posturing which has no chance of actually happening (which I prefer not to waste precious time paying attention to).
Here is something that I just saw on Facebook:
“The person who says it cannot be done, Should not interrupt the person doing it.” Chinese Proverb
Love it, Gwen. Another way to say it…
We’ve been *doing it great* so far on behalf of many of the 8.7 million abroad.
Let’s continue and gather momentum with others to get it all done. This is our future and the future of our children. http://www.adcs-adsc.ca/
Arrogant Worms and Chinese Wisdom — love ’em! Thanks for brightening up my day. Now if the skies will just clear up for the Perseid meteorite shower tonight I’ll have a hat trick. BTW, even though I’ve reached my ADCS donation limit (one year’s worth of pension cheques), my husband is promising to send a tiny bit more in a few days. We both wish we could make the balance due disappear but our budget is busted and needs some recovery time.