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
@Ginny
I would tread carefully when taking another citizenship in order to relinquish one you claim has no jurisdiction over you.
I wonder how other nations would feel about our claims to their citizenship under these circumstances – as a convenience really, when we wouldn’t otherwise claim them as we don’t plan to ever live there. Maybe we should be thought of as citizenship refugees.
Claiming a citizenship of a country we weren’t born in undermines the argument for accidental citizenship!
George, the update today from Crown attorneys is that we should receive the documents by the end of next week. The litigation continues to move forward on both sides.
I did have a faint hope/dream that the instructions from the new Attorney General to the Justice lawyers might have been different….
“Claiming a citizenship of a country we weren’t born in undermines the argument for accidental citizenship!”
I think Calgary411’s son would disagree if he understood it.
Arguing “for” accidental citizenship to me means you agree with the concept that someone would gain citizenship through an accident of birth – something I think Calgary411’s son would agree with.
The actions of those who acquire another citizenship through descent in order to relinquish US citizenship say to me that they disagree with the concept of someone accidentally gaining citizenship through no effort of their own, as these claims to citizenship, like US, are granted at birth.
@Bubblebustin
Please read Ginny’s reply again closely. The enquiry pertains to her spouse whose father was born in the Republic of Ireland, not Ginny.
Unlike the US, Ireland does not force citizenship on the children of its expats. Citizenship is offered but not forced or coerced. As each of my four grandparents was from Ireland, I applied for my Irish citizenship a quarter of a century ago– I felt at the time that my ties were close enough. There was, and still is, no down side to me holding Irish citizenship. If I decide to work there as a locum physician in the future, the process will be easier. If I decide I would like to live or work on the continent, the option is open. And unlike the US, Ireland does not expect me to pay taxes or file until such time as I move back– and as a Canadian trained MD with current medical skills and savings to boot, Ireland would welcome me in a heartbeat. The US on the other hand makes it impossible for successful long term expats to repatriate. You can walk out the door from Fortress USA, but the gate is quickly pulled up.
@bubblebustin
No worries. Not interesting in relinquishing something I don’t have. I will remain what I am, Canadian. But getting some written Irish paper work for my husband would make a nice birthday present. If we win the lottery, wouldn’t mind living overseas for a while.
Please excuse my oversight, Ginny, and thanks for pointing it out, BC Doc.
I still don’t see the difference between acquiring either US or Irish citizenship through descent – other than the US’s comes with a lot of baggage.
Hi Bubblebustin,
I think with the US, lots of folks have had the citizenship forced on them– think of how many stories we’ve heard hear about Canadians travelling to the US and being told by the border guy, “Your kid is American. Next time they cross, you’d better have a US passport for them.”
Ireland doesn’t do that. The process to obtain my Irish citizenship was all very voluntary. Obtaining the documents to obtain it took work. My late father had fortunately obtained birth certificates for my grandparents years before I applied. I recall him saying this took a lot of work on his part– the birth certificates were actually baptismal certificates (most of the time back then, Paddy was born at home). To obtain the baptismal certificates, my dad had to track down the church and priest followed by a donation to the priest to obtain a copy of the baptismal certificates. But I’m getting off topic. In any case, Ireland does not force citizenship on its diaspora. And if I ever want to get rid of it (why would I?), it would be easy.
Cheers,
BC Doc
‘Arguing “for” accidental citizenship to me means you agree with the concept that someone would gain citizenship through an accident of birth’
OK, sorry. I thought you meant it would undermine the argument that an unwanted accident was an unwanted accident.
Are a few encounters with US border guards the only evidence that the US considers our unregistered children born abroad to be Americans?
Like Calgary411, I have a personal interest in knowing just where our children stand in the eyes of the US government. A border guard with no expertise in determining who may or may not qualify for US citizenship through descent isn’t enough evidence for me. For them, a little bit of knowledge is a dangerous thing – and taking direction from them is even more dangerous, as we well know.
Things would look very different should the Irish government start looking to it’s citizens – no matter where they reside – for additional revenue.
I know, Norman. I originally though of it that way, but because many might fight the validity of accidental citizenship, I though I should come out in support of it.
@Bubblebustin
‘I still don’t see the difference between acquiring either US or Irish citizenship through descent – other than the US’s comes with a lot of baggage.’
It’s a long story and perhaps one has to be Irish to understand. I have teased my husband for decades because he comes from the “other Ireland”. I had to teach him all the Rebel songs from the island. Although his father was born in Northern Ireland, he knew less about his heritage than my family did of ours. I think I’d have to go back to at least a great grandfather who was born in Ireland.
A friend of mine traced her Italian born father’s entry to the USA and was able to get a copy of his papers when he landed in NY. It’s that sort of thing.
I thought by now everyone knew how Canadian Gwen and I feel and are. I know we have performed at least two relinquishing acts. Had the USA not frequently and arbitrarily changed its laws, retroactively I might add, they would recognize that. Perhaps they may still. We don’t have a CLN like many others do because frankly we don’t give a damn about the USA. They have no claim over us. And we do not fear them.
And I’m guessing, that’s why we are the designated plaintiffs. And it’s also why we feel so passionate and driven to assist those who are trapped in fear, especially those who have actually suffered in ways Gwen and I haven’t.I have lost a lot of sleep reading those incredible stories. Each one has impacted us greatly. Each one is why we are able to do what needs to be done.
@Ginny, “Although his father was born in Northern Ireland, he knew less about his heritage than my family did of ours.”
Your husband won the daily double.
Birth in the northern counties means Dad is British so son is automatically British under the British Nationality Act.
But because of the Good Friday Accord, anyone born on the ISLAND of Ireland is Irish (Republic of).
So Dad is/was also Irish meaning son is also Irish!!
So your Hubby is Canadian, Irish, British, Commonwealth and European Union. A Penta-Citizen.
“They have no claim over us. And we do not fear them.”
Ginny (ADCS Plaintiff) 31 December 2015.
——
All I can say is WOW and thank you, so simple so magnificent.
I have added that to the other once sole Brock inspirational “I shall not live my life according to the whims of a foreign government.”
Thank you
@Bubbles…..the points you make are reasonable and iron does sharpen iron. We always need to sharpen our arguments and your devils advocate though unintentional does just that.
I believe having now studied this matter a long time…too many years……that “accidental citizenship” is not simply receiving citizenship by no action of your own rather it is receiving what is unwanted citizenship through no action of your own.
Other than Naturalisation or Voluntary Registration, ALL citizenship is in a sense accidental.
“Accidental Citizenship” as a term IMO has further developed into; “An unwanted citizenship forced upon a person through no action of their own while at the same time said person possesses another citizenship that they recognize as their citizenship.”
Remember the term “accident” has a negative connotation associated with it. Accidental is defined as “happening in a way that is not planned or intended.”
In the American Lexicon is a child born fifty feet north of the Rio Grande River an “accidental american” or a full American? If you were to call that person an accidental american, you would not be PC and would likely be insulting them.
Take Ted Cruz for example, born in Canada! He is running for president. Is he an “accidental american?” He would be insulted if he was told that he was an accidental and not a “Real American.”
Now lets look at Gwen and Ginny. If you call them an accidental will they be insulted? No, they will buy you a coffee!!! If you call them a True Blue American will they be insulted? They will pour the coffee over your head.
Article (translated roughly from Hebrew) in today’s Israeli Finance Magazine on Marc Zell’s anti-FATCA petition to Israel’s High Court of Justice:
Yediot Ahronot, Finance Magazine (Mamon)
Thursday, December 31, 2015
Page 6
U.S. PARTY DEBATE REACHES HIGH COURT OF JUSTICE
REPRESENTATIVE OF THE REPUBLICAN PARTY IN ISRAEL PETITIONS AGAINST THE STATE OF ISRAEL’S CONSENT TO THE OBAMA ADMINISTRATION’S REQUEST TO TRANSFER BANK ACCOUNT DATA OF U.S. CITIZENS
By Telem Yahav
While they are intent on fighting the President of the United States on his own turf, they are attempting to do so here in Israel as well: The representative of the Republican Party in Israel, Marc Zell, Adv., petitioned the High Court of Justice challenging the policy of the American Administration regarding information being transferred about the bank accounts of Israelis holding American citizenship. In the Petition it is alleged that in 2010 the Americans enacted a law that obligates foreign financial institutions to transfer information to the American tax authority about Israeli citizens holding American citizenship.
The Petition alleges that in 2014 the Israeli Government decided to agree to transfer the information, but undertook to carry out a proper legislative program. This process, the Petition contends, has not been implemented up to now. The Petition alleges that all of the financial institutions in Israel are transferring information about the bank accounts of American-Israelis to the Israeli Tax Authority and the latter is transferring the data to the American tax authority. However, the representative of the Republican Party in Israel claims that this process has been done in contravention of the authority granted to the government officials. They claim that this is in violation of the Basic Laws and requires that the Government Decision be annulled on the grounds that it was unreasonable and are requesting that the transfer of information of private information of Israeli citizens to the American authorities be enjoined.
The petitioners claim that the entire process carried out by the Supervisor of Banks was done without authority. According to them, the fact that a person was born in the United States does not grant the Government of Israel the possibility of transferring information about him and that this infringes his property right. They contend that the broad-sweeping and automatic transfer of personal financial data to the American authorities without the ability to object is unreasonable and does not pass muster.
The Petition further maintains that similar legal proceeding are under way in the United States and Canada and that additional proceedings are anticipated to be initiated in other countries. The original American law was intended to combat tax evasion by American citizens and not just by foreign citizens who also hold American citizenship. The law was enacted in 2010 by the Obama Administration amidst intense criticism. It does not just apply to every American citizen who travels abroad but only to those who hold financial assets above an amount set forth in the law.
The Petitioners maintain that in fact the American law has been transformed into a “super constitution”, since there is no Israeli law that requires financial institutions in Israel to transfer information about the accounts, but only a mere directive.
“As early as 2014 we contacted Prime Minister Benjamin Netanyahu, but he ignored our entreaties, says Advocate Zell. “Likewise our contacts with the other government ministries gave us the feeling that this was a hot potato from which everyone preferred to run away. We were left with no alternative but to petition the High Court of Justice to prevent the wholesale infringement of the privacy rights of hundreds of thousands of Israelis holding either American citizenship or only a Green Card.” telemyahav@gmail.com .
Article (translated roughly from Hebrew) in today’s Israeli Finance Magazine on Marc Zell’s anti-FATCA petition to Israel’s High Court of Justice:
……………
This is great news! And my hope for 2016 is that there are many more! Who’s afraid of the Big Bad Wolf!
@George
‘“They have no claim over us. And we do not fear them.”
Ginny (ADCS Plaintiff) 31 December 2015.
——
All I can say is WOW and thank you, so simple so magnificent.’
Simply how I feel, George, and how I conduct my life. I am missing at least two genes: fear and patience. I had a law professor many years ago who told me he was convinced I would be a litigator. He ended up being correct but looking back, practicing real estate law might have made my life a lot simpler. It may come as no surprise to you that I have rarely taken the easier path in life. Much to my chagrin at times, but what the heck. I sing Irish rebel songs, what can I say? Life is what you make it and mine has been a lot of fun. Wisely, I found a husband who has the two genes I lack, in spades. When I told him I had applied to be a plaintiff his answer was: I expected nothing less of you. Spoken like a true Irishman, even if an inland one.
@Brockers….. Happy New Year!!!!
Its now 2016 for me and still 2015 in Canada.
2016 is OUR year!!!
We end 2015 much like we began this nightmare in 2011. Globe and Mail continues to insist we are tax cheats and tax evaders who must come clean.
http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/year-end-deadlines-loom-for-tax-evaders-to-report-income/article27965498/
It’s a poorly researched and written article, but serves to continues the attack on us.
Happy New Year to you too @George and to everyone at Brock. May you be right…this is our year.
@ Blaze We end 2015 much like we began this nightmare in 2011. Globe and Mail continues to insist we are tax cheats and tax evaders who must come clean.
http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/year-end-deadlines-loom-for-tax-evaders-to-report-income/article27965498/
Yes, still tax cheats all of us. Still quoting Berg. Yawn.
Thank you BC Doc for your comments to that article.
My husband and I just finished our traditional New Year’s Eve meal — homemade pizza with sparkling apple juice. In a couple of hours we’ll be at the window watching our small town welcome in the New Year with fireworks. To all of you we say …
Stay strong, stay committed, stay together. And may pizza be upon us all in 2016. 😉
When I first heard Murray MacLauchlan’s “Let the Good Guys Win,” when it came out in 1988, it reminded me of lots of New Years Eves in Orillia, Ontario, on the shores of Lake Couchiching.
https://www.youtube.com/watch?v=7vwSiBxstEc
I had no clue in 1988 looking back to my life in Orillia (and Vancouver and Montréal) that I was possibly an “American.” Or that being born in the US was anything but a neutral fact. Or that, as I never had anything against the US, I would one day be delighted to have a CLN, a document from the US govt agreeing that I was not one of their citizens.
I am Canadian. I will do every non-violent thing possible to prevent US (or any foreign) law from becoming law in my country.
In his new year’s song, Murray MacLauchlan wrote:
“Ring the old year out
Ring the new year in
Bring us all good luck
Let the good guys win.”
I say:
MAKE the good guys win! Donate to ADCS!