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
Now the Liberals are introducing a bill to reverse C-24 and tooting their own horn.
My MP Posted this:
https://www.facebook.com/profile.php?id=891695511
Proud to be with Minister MacCallum and our Committee on Immigration when the bill to repeal bill C24 was introduced this morning. There will be no two-tier citizenship anymore. Another promise kept.
My response:
“There will be no two-tier citizenship anymore. Another promise kept.”.
What will you do for the 1M+ Canadian citizens affected by US FATCA Regulations. The Conservatives capitulated. There is an ongoing Charter Lawsuit against the Canadian government for capitulating to American government demands. These 1M+ Canadians pay their taxes to Canada, use Canadian resources; yet are extorted by the IRS using Canadian tax money (used to enforce US regulations) to ferret out their life savings and retirements and levied penalties up to and exceeding 100% of their savings. Many of these citizens are middle to lower-class citizens of Canada with only their hard-earned savings going to save for their retirement. Without it, they will be homeless and destitute. What will you do for those 1M+ Canadians? Mr. Sarai? Will you go to bat for them? And protect them under the auspices of the Charter of Human Rights and Freedoms? Or as PM Trudeau said before he was elected. “Your US taxes are your responsibility.” Canada took a strong stance against Eritrea for extra-territorial taxation, yet did nothing against US FATCA (which is like Eritrea extraterritorial taxation). Until Canada protects EVERY citizen to the fullest extent of the Charter, their Canadian citizenship is worthless and the statement of “There will be no two-tier citizenship anymore.” is hypocritical.
The Animal:
CBC report on McCallum’s comments on bill C-6 (to amend Citizenship Act) is here:
http://www.cbc.ca/news/politics/john-mccallum-citizenship-act-repeal-bill-1.3463471
Of note, the following statements:
“…you devalue the citizenship of every Canadian in this place and in this country when you break down and make it conditional for anybody.”
“It is a question of principle. We do not need an additional set of rules that would create two classes of citizen.”
“If one believes that a Canadian is a Canadian is a Canadian … those principles must be applied universally.
His mantra throughout his statement and answers to questions was: “A Canadian is a Canadian is a Canadian.” He said that repeatedly.
Exactly: Read my last sentence:
Until Canada protects EVERY citizen to the fullest extent of the Charter, their Canadian citizenship is worthless and the statement of “There will be no two-tier citizenship anymore.” is hypocritical.
@Don and all:
It is even more infuriating to realize our ‘potential’ witness and anybody and everybody who consider renouncing will face much more than the fee of 2350 USD .
The penalties, imposed at will with no recourse to rectify or remove, AND the exit tax that entails anything and everything that could possibly be attached to fleece an innocent individual from everything they have even remotely accumulated WILL be imposed.
Innocence has no bearing. Easy target is the ultimate aim. It matters not from whence in the entire world these easy targets reside, they are being fleeced in the most vicious and relentless manner , comparisons of which can only hark back to Nazi Germany and their relentless attempt to wipe all Jews and ‘Undesirables’, including the entire country of Poland, and ANYONE and anything that opposed them off the face of the earth.
That this is perpetrated by the most criminal and vicious administration in US history aiming to remove the assets of anyone and everyone they can get their hands on while flooding the southern US border with illegals and flying in so called ‘refugees’ to be dispersed across the country and giving them all welfare, food stamps, housing, medical care and voting rights paid for by the beleaguered US taxpayer while US citizens residing within the borders of the US are having their bank accounts seized on the flimsiest of excuses, devastating many small business owners and individuals while roadside inspections throughout the land are confiscating cash from innocent Americans just travelling the roads and living their lives. No one can deny that the IRS has been weaponized and is used with impunity throughout the world and within the borders of the US to seek and destroy.
A Financial Drone of utter devastation.
When Bill C-31 was introduced and the discussions began, it was clear that the IGA within that bill would be one that followed OECD guidelines. Not CANADIAN guidelines. OECD guidelines and US IRS demands illegally disguised as a ‘treaty’!
NOT Canadian laws. Canadian Privacy laws. Nothing Canadian except protection for Canadian banks. ( The very same Canadian banks controlled by private offshore entities including the Bank of Canada )
Issues arose within the Senate Finance hearings concerning Probable Cause, Privacy and the Sovereignty of Canada as well as Charter violations contained within the IGA as proposed by the Conservative government. Many valid objections were presented and brushed aside.
Many of those valid objections came from Liberals who are now part of the LIBERAL GOVERNMENT now in power and silent as the grave on those very same valid objections!
It was clear then as it is now that another agenda prevailed and ran as an undercurrent throughout the proceedings.
As predicted by observers, the IGA was approved and Bill C-31 became law, violating the rights of ALL Canadians and Permanent Residents, regardless of background and ethnicity, for the effect of the IGA is to violate the most basic rights of anyone residing within Canada, citizen or not.
@Tim posted the other day regarding the significance of the Bank of Canada lawsuit and his impression that it had little impact , if any ,on Canada and Canadians nor any relevance to our own lawsuit regarding Charter rights and Canadian Sovereignty.
It is my distinct impression and belief that the lawsuit to force the Canadian Government of the day to actually follow the law and return the control of the Public Bank of Canada TO Canada is of major and profound importance.
The effect of the removal of control of the Bank of Canada to the Bank of International Settlements means that private individuals have been fleecing Canada and Canadian taxpayers since 1974 of over 2 Trillion dollars. And what that means is that Canadian Sovereignty has been compromised as decisions regarding finance removed from our shores and borders ends a country’s ability to make decisions regarding her own people and issues.
Decisions are made not by those elected by the people for the people. Once elected they go to Ottawa and get their marching orders from other than the electorate.
When the betrayal of Canada via removal of control of the Bank of Canada occurred it was a LIBERAL government. Betrayal via the IGA was a CONSERVATIVE government
With the IGA and loss of Sovereignty and Charter Rights that it entails the country’s demise is all but complete.
Canada has been mortally wounded. She still stands but has not yet fallen over. Unless a miracle cure can be administered. And quickly, as the rabid dogs are AT THE DOOR. Within the house and lurking in the basement!!
The ONLY arrow in the quiver of Canada’s Sovereignty and Charter Rights IS the ADCS lawsuit.
The ONLY THING.
What would YOU give to the person or thing that stood in the way of complete destruction of you and your family?
What would you give if you knew that you had ONE chance and ONE chance ONLY to restore your life and remove the criminal and vicious dogs tearing and beating down your door and rising from the basement to rip you and your family to shreds??
WHAT would you give?
Many would give their very lives.
We only ask that you join us and help us to break the chains that bind us all.
PLEASE donate whatever you can TODAY
http://www.adcs-adsc.ca/
Don, my wife’s yearly income is $12K and I make between $2K and 3K/annum from photography. I’m classified as disabled (not on welfare; not on disability) due to back nerve injury from which I’ve had the run-around from doctors (I can stand for short periods of time, but my back is in severe pain if I stand for too long). If it wasn’t for the fact that my rent is 0; (utilities in lieu of rent) and our family is extended (Japanese-Canadian family) living in the same house, we’d be financially destitute. What money is left after utilities goes to feed the children – how to renounce US citizenship (my wife’s) from there? Only option is give the US the middle finger and then disappear.
I am waiting to see what they (the US) dream up next. If only 155,000 persons with US taint were reported to the IRS by the CRA, then the number is significantly smaller than what the US has projected and truly does not reflect how many with US taint are living in Canada. What step(s) will they take next to find all those people? Will Canada be accused of not doing due diligence and be penalize? if Canada is penalized, will someone finally say “enough?”
@Ann#1 We don’t actually know how many people were reported.
CRA said they handed over 155,000 ” slips.” We have no idea what “slips” mean. I personally think the number of people was far below 155,000.
I was just speaking to two people from an Aboriginal family that has 3 members that were born in the US, but came to Canada as children under 6 years old. This family is well aware of the issue that our government betrayed them. I asked how they will handle this, I was told the way they are going to deal with the government. Their answer was, that they will not fill out any income tax papers for the government and clearly lie at the bank. They feel, when the government tries to charge them for not filing taxes, this is when all hell will break loose. They plan to go public with their reasons for not filing and using the Aboriginal court system to take on the government. this will throw the Fatca issue right onto the front page of all Canadian newspapers and it will be in the news. I told them about our challenge and they will watch this site in the future as well. It appears the Aboriginal people’s are ready to fight the Liberal government big time.
In my situation here at home, well, my wife is getting sick about every 2 months and very sick. It has been viruses, flu and throat colds that seem to be a re-occurring problem. It is clear to me, that she is living with clinical depression and her system is down and open to sickness. She was a much different person before we found out that she is being “hunted” by her country of birth. This has been the sickest journey of my life to sit and watch her go downhill while NOBODY in this country’s government gives a dam about her or anyone like her. My outlook on Canada has changed and I truly believe that this country is clearly doomed. At this point, I can say that Fatca has cost the taxpayer several paid days off work for my wife’s health declining and there will be more to come. Someday. someone in this government has to give a dam!!
NativeCanadian,
Unfortunately, I think it a given that many persons find themselves in varying degrees of what your wife is experiencing. The ongoing stress and seeing little hope of relief is grinding away on emotional and physical health of some in many *US Person* families. I’m sorry you and others have to sit and watch the changes in your wife and other family members. She is fortunate to have you as her advocate in this. Stay strong, all families experiencing this. As NativeCanadian says so well — Someday, someone in the Canadian government (and other governments) have to give a damn!
Good news the IRS budget was cut a lot, now the agency receives less money to functions than 6 years ago, but they are having much more workload. The obvious good thing is that they will have to go where the money is, and since not much can be collected from americans abroad I don’t think they will be pro-actively pursuing there. If we get a republican president, maybe he will get rid of the IRS for good. One more year to go!
@Blaze
If the number of information slips represents accounts only, then it would represent fewer people as many people have multiple accounts, BUT, there are also accounts that have more than one person that need to be taken into account also.
I have a hunch (based on my personal knowledge) that a great number of those “information slips” come from W-9’s on file at financial institutions.
@Native Canadian
I’m sorry for your wife’s state of health over this. It probably upsets her greatly to see that it upsets you too. I wonder how many children are going to grow up with a real hatred for the US as a result of seeing their parents suffer. What the US created in a few years may take generations to recover from. There will be no truth and reconciliation where it concerns FATCA though, when they find destroying lives secondary to their righteous crusade against offshore tax evaders.
@Bubblebustin
“I suspect, based on personal experience, that the majority of those 155K accounts reported to the CRA belonged to those who signed a W-9 in Canada.”
I’m sure that some of the reported accounts were as you describe (signed W-9) but I still wonder if the majority of the reported accounts are for Canadians living the US. Statistics Canada has a graph that shows approx. 900,000 Canadians living in the US in 2006:
http://www.statcan.gc.ca/pub/11-008-x/2010002/c-g/11287/c-g003-eng.htm
The Wikipedia page on “Canadian diaspora” shows over 1 million in the US (2009 data). Surely some of these people have kept Canadian bank/FI accounts open.
@Native Canadian
If it is any consolation to you and your wife, remind her again that she is not alone in this. Hopefully her bank accounts do not have any US indicia.
Today I heard a phrase used. On this site we talk about ‘second class’ citizens, however, I like the problem phrased the other way around.
If you are a in territory Canadian citizen, you have been awarded ‘extra rights.’
The other 29 million Canadians should consider the impact on their ‘extra rights’ on the other 1 million.
In high school biology, we studied the single cell amoeba under a microscope. The most basic of creatures, reacting to the most basic stimuli. The Trudeaus, McCallums, Brisons and Goodales look much the same when put under the microscope, reacting only to what is perceived as beneficial to themselves. Let us hope their “A Canadian…etc etc” bites them on their arse.
Watching Minister McCallum on CBC news was striking.
Think about what he said. Now change it to
Looks like a pretty good basis for a charter challenge to me.
This is a very good day to flood Mr. McCallum’s inbox with letters from us. Mine is ready to go. It will be sent with a preamble stating that it is for the eyes of the *Immigration Minister*, NOT the Finance Minister!
Any of us would think so, Duke of Devon. It seems so clear that *A Canadian is a Canadian is a Canadian*, including those deemed *US Persons in Canada*.
I sent this response to BCCLA’s email on this, asking if they represent us.
To: info@bccla.org
Sent: Thursday, February 25, 2016 4:42:01 PM
Subject: Re: BREAKING: the end of second-class citizenship
To: “Carol Tapanila”
Sent: Thursday, February 25, 2016 2:11:23 PM
Subject: BREAKING: the end of second-class citizenship
Restoring citizenship equality
WE DID IT!
The federal government just announced they are repealing changes to the Citizenship Act.
Because of your incredible support for our work on this issue, today our government has moved to restore citizenship equality.
THANK YOU!
The changes repeal pieces of the Act that allow citizenship to be revoked from dual citizens, they also provide greater flexibility for applicants and help immigrants obtain citizenship faster.
We applaud this move to restore citizenship equality. Bill C-24 was discriminatory and unconstitutional.
It divided Canadians into different classes that received different treatment, turning millions of Canadians into second class citizens with fewer rights than other Canadians. We’re glad to see the new government delivering on its promise to repeal this undemocratic and un-Canadian law.
Read our response here.
The support of our community helped us launch a game-changing court case, and roll out one of the biggest multi-lingual public education and law reform efforts in our organization’s history, forcing the government to respond to the overwhelming voices of Canadians.
Together we fought for equality before the law, and for equal citizenship rights for every Canadian, regardless of where they or their families are from. And we won.
Thank you, and congratulations!
Sincerely,
Laura Track,
BCCLA Counsel
I hope Laura Track of the BCCLA didn’t bruise herself patting her own back for getting convicted terrorists their citizenship back. She completely ignored the request from Carol Tampanila, and I have e-mailed her pointing out that her non-response was not helpful, and their self-congratulatory tone is misplaced.
@Mr A
I suppose there are a lot of those too, but one has to wonder how many accounts in Canada belonging to US residents are in excess of US$50K. Account balances don’t factor into which W-9 signatories get reported.
RE: http://www.cbc.ca/news/politics/john-mccallum-citizenship-act-repeal-bill-1.3463471
Trudeau’s Bill C-6 will reverse Harper’s Bill C-24 and I’m one of the few commenters amongst over 4000 who approves that reversal. It was heartening to see a recent comment by Ambrosia which is pro Bill C-6 too. Bill C-24 which Laura Track rightfully describes as “discriminatory and unconstitutional” would not have withstood a legal challenge so taxpayer money has been saved in this case. Why will they not do this in the case of Part 5 of Bill C-31 (2014) too? It’s as “discriminatory and unconstitutional” as Bill C-24.
Ambrosia wrote:
If anyone has the time to scroll down through several pages of the Newest comments please give Ambrosia’s comment a LIKE.
nativecanadian– very moved by your posts……. just got paid today so now spurred by you, have just kicked paypal to donate my annual bonus !!!!! — (I have husband who don’t work due to FATCA stress–avoided divorce narrowly after the fiasco of 40% of net life saving to file 8 years of paperwork to avoid being covered expat)… I worked my way through severe clinical depression——-and even now grieve for the visceral meaning of my lost US citizenship- in many respects I sound, I look, I think American but legally as well as emotionally and culturally (and so happy to be legally brit ) I am British and every few weeks people ask me “how long have you been here” — and have to hide my renunciation–it hurts to be economical with the actualite—- from people who don’t know my story and I can really only tell it to Brits that I trust. . where I am going with this is that I profoundly hope that the knowledge that you and she ARE NOT ALONE may in some small way help. YOU ARE NOT ALONE!
@ Bubblebustin — your statement ” I wonder how many children are going to grow up with a real hatred for the US as a result of seeing their parents suffer. What the US created in a few years may take generations to recover from. There will be no truth and reconciliation where it concerns FATCA though, when they find destroying lives secondary to their righteous crusade against offshore tax evaders.”
YES YES YES . this is what kills me. not just children of people going through this but every single one of the potential 7-9 million USPs (deemed, actual or putative) living abroad , their natural reaction is this visceral and entirely natural and justified rage .
the US is cutting off, over a period of 20 years but accelerating with Obama, its own nose to spite its face— how can a country founded on tax protest to do this to people who absolutely mirror its gestational history 250 years ago!!! completement incroyable!!!!!!!! I love America but holy mary MOG it has been and is governed by pygmy idiots for many years!
the corkdoodles is that its unnecessary, out of step with international practise ,not cost efficient and completely achieving the opposite of its objective!!! I wonder what the definitional algorithm of collective stupidity could be—— oh well need to get the blood pressure down so hubby is playing arrival of queen of sheba by handel and Sibelius intermezzo.
until the next donation coz by now you should need “only! $11395 CAD to pay Arvay Fab tean!! keep up the collective spirits,I feel the lift even now from giving MY after British Tax money, now free from USG (US Grubbermint1) hands since I filed the 8854 — I VOTE FOR ADCS!!!! xxx to all –crystal London
We’re oh so close now to getting into quadruple digits and the zero owed point is within reach … it’s just hard to say when exactly. Then we can focus on the trial and I look forward to Ginny and others helping us to understand the finer points of the legal procedures. Pre-FATCA I had no interest in legal procedures but now I’m eager to learn and I’m even more eager to just get past the fund raising and into the fight for our constitutional rights. Surgite!
@ crystallondon
Thanks for your generous donation today but even more thanks for your touching and uplifting comment. We are not alone! We are the Brock!
@Duke, McCallum also said this which made clear that there was no distinction between citizens based on how they acquired the status and whether they were duals or not:
“”………… The Government is keeping its commitment to repeal certain provisions of the Citizenship Act, including those that led to different treatment for dual citizens. Canadian citizens are equal under the law. Whether they were born in Canada or were naturalized in Canada or hold a dual citizenship,”” said Minister McCallum……….”
from;
‘Minister McCallum to repeal parts of C-24′
February 25, 2016 – Ottawa, ON’
http://news.gc.ca/web/article-en.do?nid=1036039
Or is that only for the Canadians who the US ‘Congress’ hasn’t claimed as UScitizenserfs.