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
BB,
re: “The problem is not people having more than one citizenship, it’s CBT – or in your case, feeling US citizenship is being imposed on them.”
Neither of these were a problem for you or me or Ginny before Canada agreed that we were Americans first and foremost. The root problem in my opinion is neither of the two issues you mention, but rather it is that the government of the country we actually live in does not recognize the supremacy of our Canadian citizenship.
Re: “I just get the feeling that those who’d like to retain their US citizenship while living in Canada are somehow thought of a being the source of the problem, when we too are victims (and perhaps more so than people like you who don’t feel that connection) – that our feelings of American-ness are somehow threatening to undermine the argument for the existence of accidental US citizenship. ”
I’m sorry you feel some of us are suggesting that people such as yourself are the reason our Canadian government refuses to recognize Canadians as Canadian only while living in Canada. I was trying, unsuccessfully I guess, to discuss how difficult (impossible?) it is to shake the ‘lucky American’ stereotype and how such stereotype (not Bubblebustin herself) works against us in our fight to be recognized as Canadians only by fellow Canadians and the Canadian government while living in Canada.
I applaud and thank you for all you have done and continue to do in your fight against the Canadian FATCA IGA.
@Kitty cat… “This is why I always have a fit whenever I see any of us (or anyone else) refer to Canadians living in Canada as ‘Americans in Canada’ or ‘duals’ or ‘dual Canadian-Americans’ or any other hybrid description, because when we/they do this it feeds into the stereotype of the lucky dual citizen who has no right to whine.”
The ethos of what you state has always been in my mind. When I am referred to as an American my reaction is one step away from spitting on the ground. I have literally responded along the lines (but not in Canada), “If my skin was black would you refer to me as an African or an African in Canada?”
I was very fortunate after I first emigrated to strike a good friendship with a family from South Africa (black). They then shortly started the process to naturalise. After the husband became a citizen I told him that we are now the same and fully equal, that he was no longer a South African in Europe but a European in Europe.
The man now works as a compliance person in a major financial firm and understands our plight and is extremely supportive. Post FATCA, he told me that my support when he and his family became nationals greatly influenced how he viewed FATCA at his firm. The firm BTW is a place that elected not to ask place of birth but only citizenship.
Sadly, I suspect the limited reach of this single website (IBS) has drawn the maximum amount of donations its readership can provide.
The amount raised using on this platform and the ADCS website has been amazing. It is a miracle of crowdfunding. But donor fatigue is apparent.
Just thinking – maybe use other forms of advertising? A single well-written 1/2 ad in a national newspaper might double donations overnight. Less expensive: write and print a single page handout ad and distribute as a handout in busy downtown business centres. This can also be used as poster on utility poles and other places where many people will see it.
As the lawsuit progresses, the publicity surrounding it will be priceless and will draw further donations.
I also suspect that Canadian banks and other institutions are being non-aggressive in implementing FATCA. None of the so-called “US persons” in my circle of family and friends has heard a peep from their banks regarding FATCA, even though their US origin is likely know by these institutions. Likewise, almost all of them have never filed any kind of US tax return from Canada in decades and have no plan to do so: none of them has heard a peep from the US government.
People are ultimately politicized by things that affect them. Lack of obvious harm = lack of support for the lawsuit. I suspect that if the ADCS challenge were mounted in Switzerland – where US persons have been hounded and persecuted openly by their banks – it would have reached its financial target long ago.
We agree Bubblebustin. No one should be forced to renounce their USC just because they are being attacked by CBT and not defended by Canada. This is really about excessive taxation and not citizenship. So why can’t it be simple to renounce, as simple as it was for Cruz instead of being stuck in Hotel California?
As an aside, there are countries that do not permit dual citizenship but that is clearly about citizenship not taxes. The USG has it wrong which is why sovereign nations should reject this. The other elephant in the room with us is the Sovereign Nation of Banks.
And thus the fight continues.
@Wondering, I agree with your observations 90%. My only disagreement is that I disagree that donations have been maxed out by the readership. My take is that length of time allocated to receive the full funding needed was too short…..not by much but just too short. That said if I had planned this I would have added another full year to raise funds and that would have been incorrect. Regardless, your other ideas do have merit and publicity is far more valuable than money.
@Ginny, I am left wondering why the Liberals did not elect to diffuse this lawsuit? As I said, they could have threaded the needle with “A Canadian is a Canadian and is not an American in Canada.” They could have still sacraficed “pure Americans” living in Canada.
Reasons why?
1.) Its not the politicians rather its the career civil servents?
2.) ____
3.)_____
Any thoughts?
Also can someone announce publicy how many document pages were released?
@Ginny, re: “This is really about excessive taxation and not citizenship. ”
It is? I thought it was about a foreign country insisting that its laws apply to people who are living as citizens in other countries using as justification that they were born on said foreign soil (or have parents who were, or held a green card, or naturalized as a US citizen).
In other words it is about modern day slavery where US citizenship = US slave, not about taxes per say. USA could turn around tomorrow and apply some other so far unimaginable ‘law’ (besides CBT and FBARs and FATCA) on its slaves living outside USA using the same immoral logic. Until it is recognized by Canada (and all countries) that the only laws that apply to citizens of the countries they live in are the laws of the countries that they live in, the slavery will not end, and we will not be free – CBT or not.
George re: “I am left wondering why the Liberals did not elect to diffuse this lawsuit ”
Perhaps, partly because Americans living in Canada are viewed as a privileged group (not like refugees or immigrants searching for a better life) who come from the scariest nation on the planet quite capable of being able to fuck the pure Canadianos over if they don’t give them what belongs to them (the Americans among us). As such, Canadian citizenship is secondary compared to American citizenship, despite country of residence.
@George
Reason #1, It is the career civil servants.
George re: “They could have still sacraficed “pure Americans” living in Canada. ”
All Canadians with US citizenship are ‘pure Americans’ in the sense that US citizenship is the only citizenship in the world that completely eclipses any and all other citizenships.
Agree, WhiteKat. The USG could come up with any number of intrusive laws. My focus is on the sovereignty of Canada.
@ George
Why did the Liberals do this? To each his or her theory but mine is Big Banks. Was it not Roy Berg who said if Ginny and Gwen ( as if we are alone!) win the summary trial we would bring the downfall of the banking institution?
@WhiteKat
Thanks for the word of appreciation but I’m somewhat confused by your comment that the “lucky American” stereotype wouldn’t apply to me. How’s that, when it applies to anyone with a US birthplace, including those who refuse to accept it? Unlike Gwen and Ginny, I may actually be viewed by such people as taking advantage of that luck by identifying as an American. Guilty as charged.
Re: “Neither of these were a problem for you or me or Ginny before Canada agreed that we were Americans first and foremost. The root problem in my opinion is neither of the two issues you mention, but rather it is that the government of the country we actually live in does not recognize the supremacy of our Canadian citizenship.”
FATCA compliance isn’t a significant issue to me. I would continue filing US taxes with or without the IGA, until such time as I renounce US citizenship. My “problem” is in reference to my being forced to renounce US citizenship because of CBT, which is being imposed upon all Canadians deemed US persons through the IGA. Canada’s sovereignty is no less important to me than anyone else, but my motives for supporting the lawsuit are different from our plaintiff’s in that I think defeating the IGA would go some distance in moving the US away from CBT. Gwen, Ginny and maybe you would feel no more American with RBT. At least that’s the theory.
If Canadians are that stupid as to think Ginny, Gwen and I are “lucky” to have been born in the US, then they will lack the ability to view anyone born in the US as “accidental” too. If that’s the case, then all I can say is thankfully Canada’s sovereignty isn’t being tried in the court of public opinion.
The problem is not excessive taxation but excessive penalties that violate the constitution and human rights.
The US says that the taxation itself violates human rights too, even if it’s not excessive (i.e. just 2%), when it’s based on citizenship. The US says it in a UN resolution against Eritrea.
But yes the penalties and excessive forms slavery are worse.
“Our aim is to use the courts to expunge every trace of the FATCA “agreement” between FATCA-compliant Canada and the United States — because Canada on its own will not stand up for Canadians.”
…and the Canadian government threw you under the bus just to give some Canadian banks a U.S. tax break. That’s a very important legal point. They are not REQUIRED under USA law to comply with FATCA, they are offered a break from the 30% withholding tax.
I operate some websites with heavy, mostly U.S.A. traffic and I might be able to host more ads for ADCS there if I get someone to work with me on it. I would need new creatives.
I don’t know anything about the court case below, but in reading this article, the situation sounded familiar…
Ottawa still fighting lawsuit from Newfoundland residential-school survivors
http://www.theglobeandmail.com/news/national/ottawa-continues-to-fight-lawsuit-from-newfoundland-residential-school-survivors/article28140052/
“…the government’s approach seems contrary to the spirit of the TRC recommendations. ‘During government transitions it takes time for new Ministerial mandates to translate into new litigation approaches. Front line Justice lawyers may not feel empowered to change their defence without particular instructions from elected officials. One can only hope that such instructions arrive soon, to place this case in line with the government’s promises regarding TRC’s Calls to Action.’ “
@canoe
Thanks for that link ( although most of the comments following were pretty atrocious).
“When you go and make big speeches about how you’re going to be different, then you’ve got to do something,” lawyer Kirk Baert, who represents an estimated 1,000 to 2,000 former residential-schools students in the province, said in an interview. “Otherwise don’t make the speeches.”
Amen.
@canoe
That confirms my suspicions. Our ministers and MP’s are on a steep learning curve.
There’s a good article from Sunday’s Toronto Star where Goodale speaks about re-examining Bill 51 and perhaps starting over from scratch. Sorry, I lack the ability to link to it but maybe someone else can.
I guess it tells me the Libs and the AG are looking back at Harper’s legislation and seeing how to revise, or possibly even eliminate, or align with Charter rights if possible.
Begs the question: where’s our review? Is it a question of time or are we to assume they won’t? Are Big Banks contentedly purring or getting twitchy.
PS: Toronto Star has implemented a new policy of no public comments to articles.
If anyone is considering becoming a Witness in our trial and has any questions about the process, please feel free to ask an admin for my email address, and I would happy to talk to you about the ins and outs, risks and fun.
It’s easier than you may be imagining. The qualifications and criteria are pretty straight forward and I can think of many who might fit the bill. If I can assist, please feel free to contact me.
@ Ginny
Here’s the link …
http://www.thestar.com/news/canada/2016/01/10/liberals-aim-to-balance-national-security-with-rights-and-freedoms-in-bill-c-51-revamp.html
If anyone wants to follow JT as he progresses through his 212 promises here’s the “Trudeau Metre” link …
https://www.trudeaumetre.ca/
I see “Reinstate the Court Challenges Program of Canada” is listed as “In Progress”.
Ginny, there’s a little treat for you and Barclay here …
http://isaacbrocksociety.ca/media-and-blog-articles-open-for-comments-part-3-of-3/comment-page-7/#comment-7072447
Thanks Embee for the links:
http://www.thestar.com/news/canada/2016/01/10/liberals-aim-to-balance-national-security-with-rights-and-freedoms-in-bill-c-51-revamp.html
If anyone wants to follow JT as he progresses through his 212 promises here’s the “Trudeau Metre” link …
https://www.trudeaumetre.ca/
I see “Reinstate the Court Challenges Program of Canada” is listed as “In Progress”.
@Ginny
That Trudeaumeter is awesome.
Oops, thanks, EmBee for the Trudeaumeter.
Stephen, this morning, had a comment in his update that for any international persons considering donations to the Canadian litigation, their donor dollar will now go further in Canada with our *loonie* trading below 70 cents to the US$. See: https://www.google.ca/finance?q=CADUSD
It may also be an opportune time for those in Canada to make their decision to expatriate, especially if one’s plan is to follow through with the final 8854 IRS form filing in which net worth has to be calculated to determine whether or not one will be deemed by the US a *covered expatriate*.
Of course, there is still that wait period (now into November for the Calgary US Consulate and, I believe, even longer for Toronto). That plus the same exchange rate going the other way for the fee for freedom, today at 2,350.00 USD = 3,373.36 CAD. See: http://www.xe.com/currencyconverter/.