March 8, 2016 UPDATE: Legal fees paid — on to Federal Court for Charter trial contesting Canadian FATCA IGA legislation.
Canadians and International Supporters:
You came through once again: $594,970 for legal costs have now been donated and our outstanding legal bill is finally paid off.
Thanks especially to those who donated even though they never had any “spare” money to give, and despite this gave over and over and over again.
This last round of fundraising also shows that our Canadian lawsuit remains dependent on the kindness of our International Friends: There would be no lawsuit without their financial help.
Know that a very generous donation (today) from a supporter in the United States made it possible to pay off the remaining legal debt. Also please appreciate that there would be no lawsuit without the help of the Isaac Brock Society which has kindly let us use its website to solicit funds.
Our next step is the Constitutional-Charter trial in Federal Court.
For this we need more Canadian Witnesses, and my next post will be devoted only to a request for Witnesses willing to go public, like our Plaintiffs Ginny and Gwen.
For the future: I want a win in Federal Court — and I want the new Liberal Government not to appeal that win.
Thank you all for your support,
Stephen Kish,
for the Directors,
Alliance for the Defence of Canadian Sovereignty
http://www.telegraph.co.uk/news/newstopics/eureferendum/12057349/EU-summit-reform-David-Cameron-Brexit-live.html
David Cameron is trying to find an arrangement that he can legally discriminate against newly arrived EU by restriction their in-work benefits the first 4 years.
He’s struggling and his afraid EU courts will strike it down.
EU courts are worth a punt to strike down the IGAs.
Is Cameron’s in-work benefits restrictions are discriminatory. FATCA reporting is no different.
I e-mailed my newly-minted NDP MP asking him to hold the government accountable in the House for their apparent flip-flop on FATCA. No response. None. Instead, I get put on the NDP e-mail list asking for donations. Now, one should be able to ask their MP a question without getting added to an automated e-mail list soliciting funds. Tacky, and no help whatsoever.
MPs of all parties proving to be of no help whatsoever, not even encouraging words, meaningless though they are.
Yet, taxpayer dollars are abundant apparently as welcoming Syrian Refugees includes a children’s Choir singing Muslim welcoming songs. WITH a tweet of approval from our newly minted PM !
Any of us get anything close to that kind of encouraging feedback?
And the recipients feet can hardly as yet warmed Canadian soil!!
Not to mention the fact that a welcome from Canada should have been a CANADIAN song !!
No responses but solicitations for party funds. Disgusting.
Wait until the handouts to the refugees are over and they hit the job market and pay Canadian taxes. The minimum wage jobs offered and the inability to rise above the poverty line. 13% tax and 400.00 per month hydro just to begin with. Might make them think ab out going home and fighting the people who took it from them!
Has anybody else noticed that the links on
http://www.parl.gc.ca/SenatorsMembers.aspx?Language=E
are non-functional?
I’ll be sending ADCS a Christmas greeting with support enclosed.
I want to make it all the way through this challenge and hold the Canadian government to account for their betrayal of over 1 million Canadian citizens and residents and their families and businesses, and to put the US on notice that what it has done with FBAR, USextraterritorialCBT and FATCA is unconscionable and opposition will NOT fade away.
Uphold the Canadian Charter and Constitution – put both the Canadian and US governments on notice that they can’t carve out exceptions at the behest of extortionist demands by the US Treasury for a free lunch at the world’s expense just because it is more convenient to sell SOME Canadians and their Canadian privacy, data and assets down the river to the Imperial south.
Either our Canadian citizen and legal permanent resident status means something, or its not worth the paper it is printed on if SOME of us are throw aways just because of where we were born or where our mother was located when she gave birth to us.
Let’s keep this fine effort going.
My Christmas present to all innocent victims of the USA takeover of CANADIAN law will be good this year. I’d like nothing more than to see the charter challenge paid off and into the courts. I would also love to see the judge’s ruling NOT biased by money. These are my wishes and Christmas will be here soon!!
We are asking a Canadian Federal Court Justice to rule that the Canadian FATCA compliance legislation violates our Charter of Rights.
These are the generic procedural issues the Justice will have to deal with. Witnesses who provide the evidence are critical to this process:
“The unavoidable mandate of the judiciary to override statutes [e.g. the Canadian FATCA compliance law] is not a task to be exercised casually. It is always a serious matter whenever an appointed judiciary overrides a democratically elected legislature and such decisions should not be made unless the proper procedural safeguards have been observed.
The selected procedure must be:
(a) fair to the citizens challenging the statute, in the sense that they are given a reasonable opportunity to make the case for unconstitutionality: Canada (A.G.) v Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45 (CanLII) at paras. 31-2, [2012] 2 SCR 524.
(b) fair to the legislature, in the sense that the government has a reasonable opportunity to defend the statute;
(c) fair to the court, in the sense that the court has a reasonable record on which to exercise this important component of its jurisdiction [WE MUST HAVE WITNESSES TO PROVIDE THIS RECORD]; and
(d) fair to other governments and interested groups who are affected by and may want to intervene in the process [You know who would like to intervene against us].”
Victims of FATCA harm need to be victims of Government of Canada actions, not Canadians who are afraid to fly over U.S.A., because that quarrel is with the United States Government.
To email members of Parliament or to telephone their offices go to:
http://www.parl.gc.ca/parliamentarians/en/members
en français:
http://www.parl.gc.ca/parliamentarians/fr/members
Gotta love the English in the URL, eh?
http://www.bbc.com/news/uk-politics-35150356
Hypocrisy Mr Cameron.
He’s trying to restrict in work benefits for 4 years for EU migrants, however, as a compromise the EU want these regulations also to apply to resident British citizens.
Mr Cameron says he won’t pursue a policy that would disadvantage over 300,000 British citizens.
It’s like that FATCA affects at least that many in the UK if not more.
Why is the policy of restricting benefits not OK and FATCA is?
It doesn’t make sense.
https://uk.finance.yahoo.com/news/zimbabwe-expand-yuan-china-cancels-152408985.html
One step forward for the Chinese Yuan is a step back for the US dollar.
Zimbabwe making the Chinese Yuan legal tender.
US expats defying Fatca face passport revocation
http://www.khaleejtimes.com/business/us-expats-defying-fatca-face-passport-revocation
@ Tom Alciere
Abdul Busit needs to be slapped upside his head and the Khaleej Times need to be slapped with a lawsuit for that blatent misrepresentation of the new bil re: U.S. passport confiscation. It’s nothing but pure fear-mongering!
The bill is marked in Canadian dollars, which have become cheaper lately. On 15 April 2015 the Canadian dollar was at € 0.76155 and now it is at € 0.65926.
The Canadian dollar was at US$ 0.83442 on 14 May 2015 and now it is at US$ 0.71712.
This is the time to send in those donations from other countries, before the Canadian dollar rebounds and your money loses some of its value.
http://www.bbc.com/news/world-us-canada-35128684
When will EU politicians start to not cooperate with the US when once again the US has spit in their faces?
“The US Congress has passed a measure as part of a budget bill that will no longer allow citizens of 38 countries – including the UK – who have either travelled to Iraq, Syria, Iran or Sudan in the past five years or are dual nationals of these states, to travel to the US without a visa”
In other words, for example, the fact and Iranian is also a British citizen (a visa waiver country), it makes no difference now. They’ll effectively be treated only as Iranian, have to apply for a US visa, and any status that granted by British citizenship has been made null and void by the US government.
So the US is discriminating against certain British citizens while allowing other to walk straight through US immigration unfettered.
Does all this have the familiar ring of FATCA by taking away the financial rights of how many resident EU citizens? One EU citizen walks into a bank while another with ‘US indicia’ has their data treated differently.
If EU governments had any sense they would say NO or start requiring visas for US citizens.
On top of all that some British citizens will now have to pay the US $160 for a tourist visa while other won’t.
http://www.ustraveldocs.com/in/in-niv-visafeeinfo.asp
It’s outrageous.
To all. Just a chuckle. Photo of “Canadian Riot” Maybe this is the main problem of us American-contaminated Canadians. We’re just too nice.
https://mobile.twitter.com/Sargent_rl5/status/676944784511148033/photo/1
Cheryl,
Thanks for making your good point. The Canadian Riot picture is at the top of my post.
“In other words, for example, the fact and Iranian is also a British citizen (a visa waiver country), it makes no difference now.”
The fact that a single-citizenship British citizen, furthermore with no Iranian ancestry whatsoever, travelled to Iran during the past 5 years to help persuade Iran’s government to sign a treaty with the US government, makes a difference now: She/he has to pay US$160 for a visa now.
“On top of all that some British citizens will now have to pay the US $160 for a tourist visa while other won’t.”
My wife had to pay US$160 for a tourist visa to go to US Tax Court, because US tax law used to discriminate against me when I used to do married-filing-separately, and because she isn’t a citizen of a visa waiver country or Canada or Bermuda.
‘Photo of “Canadian Riot”’
The picture is a riot, but alas, I recall a video of the riot in Vancouver during a globalization conference.
That would be the Toronto G20 protests in 2010, I believe. Vancouver’s were centred around the Stanley Cup playoffs a year later. Proof nonetheless that Canadians are capable of a abandoning good manners for a real riot now and again.
Yes it looks like I mixed up two separate riots. The video that I saw a few years ago must have been after the Stanley Cup.
So today I saw this video of riots against G20: https://www.youtube.com/watch?v=I-h-YIj4jRw
and this article about a second group of terrorists attacking innocent bystanders instead of attacking the first group of terrorists: https://en.wikipedia.org/wiki/2010_G-20_Toronto_summit_protests
Wow, no wonder most of the world thinks there’s no difference between America and Canada. Sigh.
Swiss bank’s economic interests sway court in Switzerland:
http://federaltaxcrimes.blogspot.ca/2015/12/interesting-report-on-us-taxpayer-suit.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+blogspot/oGeEWy+(Federal+Tax+Crimes)
bubblebustin,
Reasoning and precedent for other countries?
Screw human rights.
Is Prime Minister Trudeau’s *A Canadian is a Canadian is a Canadian* a true statement? I guess he didn’t say *ALL Canadians are protected by the same laws and rights in this country*. That will have to be determined by our Canadian litigation.
Shame upon shame. We must fund this important work.
https://uk.finance.yahoo.com/news/scottish-minimum-drink-price-breaks-115752049.html
ECJ just struck down Scotland’s minimum alcohol price law because it’s against the EU’s trade laws.
I wonder if FATCA’s effect on an individual’s freedom to conduct a ‘normal’ financial life contrary to some EU trade law? Or some freedom of capital movement?
It’s a long shot, but there might be something to it.