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, so what you are saying is that if you had chosen not to comply, your conscience would have bothered you so much that you would not have been able to enter the USA in good conscience.
I’m the total opposite – it sure wouldn’t bother my conscience to enter the US as a non-compliant US slave, but, my conscience would bother me if I sold out and went down the compliance route.
Not to say that I would not comply if it were an easy out for my situation, which it happens not to be. However even if I did comply, I would feel like I was doing something immoral by agreeing to US immoral place of birth taxation. But that is just me.
Everyone’s perspective is different depending on what’s at risk. It might be in your best interest to “sell out” one day. But then you’d probably call it something else, WhiteKat.
I made my last trip to the USA (more a necessity than a nicety) in the mid 90s. I can’t actually pinpoint the exact reason why I didn’t want to ever go back to visit after that. As close as I can describe it would be to say it was just an uneasiness about how I was slowly coming to perceive the dark side of the USA. When my Canadian cousin’s son died in Afghanistan fighting in a war instigated by America my uneasiness switched to an absolute resolve to never cross the border. I guess you could say I’ve been boycotting for about 20 years now. America doesn’t miss me, nor I America. Strangely, the country I’d most like to visit again is Iceland. Just to stand among people who have the guts to jail their banksters would be an honour.
@ WhiteKat
That’s just me too.
@Embee re: “@ WhiteKat
That’s just me too.”
Good to hear you feel the same.
Here is some evidence of our Canadian taxpayer revenues being misused and redirected to pay for the implementation of the foreign law – US extraterritorial FATCA:
Some references to costs incurred by Canadian taxpayers funding the CRA to report under the FATCA IGA:
See some of the administrative costs that NON-US taxpayers have borne to implement the FATCA IGA in Canada;
‘Canada Revenue Agency’
Quarterly Financial Report
‘For the quarter ended June 30, 2015
Statement outlining results, risks and significant changes in operations, personnel and program’:
“….$4 million pertains to tax measures, including the implementation of the intergovernmental agreement between Canada and the United States to enhance the exchange of tax information….”
http://www.cra-arc.gc.ca/gncy/fnncl/r150828-eng.html
Badger, thanks… am passing your find on to our litigators.
@ badger
Badgers are not known to have good eyesight but I swear you have eagle eyes. Good find!
Thanks @Embee and Stephen.
There are other more recent statements that I haven’t yet checked;
http://www.cra-arc.gc.ca/gncy/fnncl/menu-eng.html
and we are directed to this for more details;
http://www.tbs-sct.gc.ca/hgw-cgf/finances/pgs-pdg/gepme-pdgbpd/index-eng.asp?utm_source=referral&utm_medium=news&utm_term=canada&utm_content=Estimates&utm_campaign=Mains2016
http://news.gc.ca/web/article-en.do?nid=1035639&tp=1
I am looking for MP Brison, President of the Treasury Board to see that the cost portion of the Liberal government answers to Q35 (January 21, 2016 ) tabled by MP Dusseault (Sherbrooke) live up to his government’s statement that:
“Oversight of government spending is one of the most important roles that parliamentarians play on behalf of their constituents. To do that, they need access to accurate and timely information.”
“While Canadians rightfully expect transparency from government, the ability of their elected representatives to scrutinize government spending has slowly eroded over time.”
“I am committed to working with parliamentarians and other stakeholders to find ways to improve parliamentary oversight of government spending. Better aligning processes and timing for the Budget and Estimates will strengthen the clarity and consistency of financial reporting.”
– Honourable. Scott Brison, President of the Treasury Board
Wow — once again! Thanks, badger.
I have just included that important information, along with Mr. Dusseault questions (http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=F&Mode=1&Parl=42&Ses=1&DocId=8067385&File=9), in an email to BCCLA (in response to a reply to earlier correspondence, http://isaacbrocksociety.ca/2015/09/20/we-need-69521-by-january-1-2016-to-pay-the-canadian-fatca-lawsuit-legal-bills-and-keep-our-litigation-moving-forward-il-nous-reste-69-521-a-ramasser-pour-notre-poursuite-judiciaire/comment-page-78/#comment-7252338,
“Yes, my question is about FATCA. Does the BCCLA also represent one million Canadians and their families, those with a *US* taint as we wonder if we are among those for whom *A Canadian is A Canadian is A Canadian* or if we will remain, as the Conservative government stated, *US citizens who happen to abide in Canada*.”
@calgary, I am wondering if on this page, the FATCA IGA implementation money is hidden in the category called ‘Reporting compliance’
http://www.cra-arc.gc.ca/gncy/rprts/2015/rpp-smry-cptl-spndng-eng.html
I don’t understand enough about government budgets and reporting to look further.
One thing I did find was that they tend to avoid using the term FATCA, and instead use phrases like:
“…. intergovernmental agreement between Canada and the United States to enhance the exchange of tax information.”.Or some shortened version of that.
Nice work badger, but are sure you aren’t closer to a ferret? Whatever creature you choose to represent yourself by, you are amazing.
@Bubblebustin,
I am never quite sure how much is actual method and what portion is madness.
I could have been the ‘FATCA Ferret’ ?
Re Travel to the US. I for one now minimize my travel to the US … I used to love to visit Florida to see friends, extended family who migrated there in the 1970s and close loved ones … not to mention shopping, general entertainment and getting some medical services … not so much again … I am keeping a tight reign on such visits these days … fewer visits, shorter durations and spending far less dinero in the Florida economy. Visiting friends in Texas is inviting but I dont think so … Opportunity to visit Atlanta soon during a conference but I dont think so …
Badger: Indeed, you are one heck of a “FATCA Ferret”! Let’s add “focused” to that alliterative epithet. You have to be to “ferret out” all the information that you do. We’re all grateful for your skills and dedication.
Cheryl: Sadly, I think that Bubblebustin and Ginny are probably right. Those of us who, because of what FATCA/CBT have done to us, do not feel they can cross the border are undoubtedly a drop in a large bucket. Nonetheless, I love your idea of letting the politicians in key states know that many of us who have been attacked by these laws have withdrawn our business and will continue to do so until we are no longer threatened. The Canadian dollar *will* recover at some point. It’s already slowly heading in that direction. But our situation will never change unless the politicians get off the pot and make it happen.
Thanks for the additional, badger.
Earlier from Jim Jatras: http://isaacbrocksociety.ca/2016/02/12/fatca-the-loser-costs-the-world-100-billion-transparent-calculations/comment-page-1/#comment-7199393
@MuzzledNoMore
I have just been trying to think of a way to change the dialogue with important U.S. power bases from how this affects me as a U..S. tainted Canadian to how it affects them…example loss of tourist dollars. Targeting congressman and senators from big tourist destination states or local border states who see a lot of cross border shopping might be useful if enough letters were received but also ?big tourist companies like Disney Corp., Mall of America..etc. These are all the people with the power. We know the U.S. Government, Congressman, the Canadian Government have no concern for us.
I understand that you guys have been working all of this for a long time and respect your judgement that this would be a waste of time. Too bad. I can’t really think of anything else.
This just out in The Economist:
“Border babies v the IRS
Americans in Canada fight back against the taxman”
http://www.economist.com/news/americas/21693982-americans-canada-fight-back-against-taxman-border-babies-v-irs
Would somebody please explain the accuracy of the article stating that the first two claims were dismissed? Certainly the Summary Trial was lost but I always thought that the issues could come back with more evidence and witnesses in the fullblown Charter trial or on appeal?
“Laura Wilson” posted this article on FB Citizenship Taxation group: https://www.facebook.com/groups/citizenshiptaxation/
@badger aka “FATCA ferret”:
From where I sit, your method is unchallengeable – the madness is external.
@ADCS team: The “snail” comes bearing a few more £ upon its back. Wish it could be more…
Words from Shakespeare’s “Henry V” (memorized for a school production half a century ago) are echoing in my mind here, as they seem so apt to ADCS:
“We few, we happy few, we band of brothers, who on this day ….” – and if I recall correctly they went on to WIN the battle of Agincourt!
May you WIN too! – and Thank You.
Surgite!
Jefferson D Tomas, You are correct: We lost the Summary Trial judgement, but the Arvay team feels that the Justice was mistaken in his ruling — and we we do have the right to appeal, should this be necessary.
Thank you Sad-in-the-UK for your support and for the good words:
“This story shall the good man teach his son;
And Crispin Crispian shall ne’er go by,
From this day to the ending of the world,
But we in it shall be remember’d;
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother; be he ne’er so vile,
This day shall gentle his condition:
And gentlemen in England now a-bed
Shall think themselves accursed they were not here,
And hold their manhoods cheap whiles any speaks
That fought with us upon Saint Crispin’s day.”
Thanks, Jefferson D Tomas and Laura Wilson.
There is discussion on this article starting a couple days back on this thread: http://isaacbrocksociety.ca/media-and-blog-articles-open-for-comments-part-3-of-3/comment-page-31/#comment-7275804
Thanks to all the great comments provided there. I believe there is still the opportunity to comment on the article, http://www.economist.com/news/americas/21693982-americans-canada-fight-back-against-taxman-border-babies-v-irs.
It is that full-blown Charter trial to address the issues for which we need to finish the job of raising funds (as well as have enough and the right Witnesses) to move forward with the Canadian litigation / Charter trial.
@Cheryl, I was never a snowbird or crossborder shopper, but I once tried sending something to the National Retail Federation trying to demonstrate how FATCA (and US extraterritorial CBT) could result in alienating the Canadian tourists that many of the US border and other state economies (e. Florida, Arizona, Washington and other important destinations for snowbirds, tourists and consumers) relied on.
They actively spend money on lobbying US politicians for political changes that they see affect their profits, but I got no reply. Granted I didn’t try any further.
https://nrf.com/advocacy/policy-committees
It may be that certain state politicians care more about Canadian consumer and tourism dollars that others, ex.
“..Since 2000, the three U.S. states most visited by Canadians have been New York, Florida (where Canadians spend the most money) and Washington…”..
http://www.lop.parl.gc.ca/content/lop/ResearchPublications/2014-74-e.html#a2_5
Statistics Canada, “Travel by Canadians to the United States, top 15 states visited (2012)”; and Statistics Canada, “Travellers to Canada by United States state of origin, top 15 states of origin (2012).” (See data for 2000–2012.)
“…Canadians – and their money – are vital to the US tourism market.
There were 23m visits to the US by Canadians in 2014 – the biggest contingent of international travellers to the US.
The United States’ northern neighbours are also ranked first in terms of spending, adding $26.3bn to the economy that year, according to the US Department of Commerce…..”…
…..That plunge is being felt in places such as New York state – the most popular US destination for Canadians, with some four million tourists crossing the border annually.
John Percy, the president of Niagara Tourism and Convention Corporation, has seen a drop of 4% to 6% in Canadian hotel traffic and an 8%-10% drop in business at local outlet malls, which he called “significant” but not as severe as first predicted.
“When you start to see numbers climb into that 20 to 30% exchange rate variation, that’s scary,” he said.
“You’re going to think your numbers are going to be in the double digits as far as decreases in sales, in visitation, in hotel occupancy.”……”……
http://www.theguardian.com/us-news/2015/dec/08/florida-winter-vacation-canadian-tourists-currency-exchange-rate
https://nrf.com/advocacy/policy-agenda
The Canadian government saw fit to write this;
“…Canada has an enduring impact on the Florida economy that extends well beyond oil, timber and snowbirds. Canada has for decades and remains today the state’s most significant economic partner, supporting over 620,200 Florida jobs, sustaining a thriving bilateral trade relationship and integrated manufacturing, and supporting Florida’s real estate and tourism industries.
As Floridians know, Canadians love the Sunshine State. Canada is Florida’s number one source of international tourism, with more than four million visits by Canadians – a figure which is growing by 4% annually. Canadian tourists spend 50% more time in Florida and 74% more dollars annually than before the recession, and outstrip all other foreign visitors to Florida, in part by virtue of our long stays. Hundreds of Floridian businesses and thousands of employees depend on Canadian tourists, and especially on the seasonal snowbirds, who return year after year.
Canadians remain Florida’s number one international purchasers of real estate, accounting for more than 30% of all foreign homes sales in 2013; Canadians purchase approximately 6% of all homes sold in Florida. Loyal snowbirds and other Canadians who own property in the state inject nearly half a billion dollars annually into the economy through property taxes….”..
http://www.can-am.gc.ca/miami/highlights-faits/2015/Eco_impact_study-Etude_impact_eco-2014.aspx?lang=eng
You can try a search like this one for more;
tourism AND canada AND florida AND impact
and try limiting for the past year too
Course those who had ties to or travelled to Michigan would not get anywhere trying to persuade Carl Levin, FATCAfanatic and Senator, whose capitol city, and state border on Canada. He wanted even more abuse written into FATCA http://bsmlegal.com/PDFs/CarlLevin.pdf . Now the Senator is Gary Peters https://en.wikipedia.org/wiki/Gary_Peters_%28politician%29
The US government recognizes the importance of Canadian dollars and travel to the US:
http://export.gov/canada/marketresearchoncanada/bestprospectsforuscompanies/travelandtourism/index.asp http://travel.trade.gov/view/m-2015-I-001/index.html
http://apps.export.gov/article?id=Canada-Travel-and-Tourism
Top states visited by Canadians (as of last Stats Can data 2013)
http://www.statcan.gc.ca/tables-tableaux/sum-som/l01/cst01/arts39a-eng.htm
Some of my Canadian-only neighbours used to go weekly to gas up, shop and be entertained. I am even less inclined to go now than I was before, except for compelling family reasons.
Apologies admins, once I posted it, I saw that my reply to Cheryl was way too long. You can remove it if you think it distracts from the ADCS lawsuit fundraising thread.
Remember our “We Are Not a Myth” campaign? (Thanks to Atticus, who I miss seeing here.) http://we-are-not-a-myth.tumblr.com/
Maybe we need a “Hell No, We Won’t Go (to the USA)” campaign.
My Canadian dollars will NOT be converted into US dollars and then spent across the border to bolster the failing US economy. My Canadian dollars are staying right here in Canada, the country in which they were earned, taxed and saved. Canada’s economy needs a heck of a lot of bolstering itself.
And speaking of bolstering … the ADCS legal fund needs some too. My graph which was showing a nice downward trend on the amount owed, flatlined in the past 3 days. 🙁
Thanks for this Badger.