WITNESS SEARCH UPDATE FOR CANADIAN FATCA IGA LAWSUIT:
WE STILL SEEK MORE CANADIAN WITNESSES:
Have you experienced marital stress or breakup, or medical or psychiatric illness because Canada turned you and your family over to a foreign country — or because you were afraid and entered into IRS compliance and suffered harm, or because you are in “hiding” and can’t afford to be IRS compliant or to renounce? Be a witness.
No single witness will be “perfect” from a litigation point of view. We will be seeking more witnesses (almost) right up to the time of submission of court documents. Your specific situation, that we cannot predict, might have unique characteristics that would be helpful in the lawsuit.
If you cannot be a witness, please tell a friend who you think might be interested.
— If you are interested in becoming a witness You will describe your harm in a written affidavit which will be made public and you can contact me at stephen.kish.chair@adcs-adsc.ca See our website at www.adcs-adsc-ca
FOR THOSE CANADIANS WHO ALREADY VOLUNTEERED: Unless you have already been informed by me or by our legal team that you will not be a witness, there is still the possibility — or (for some) likelihood — that you will be asked to be a witness. I’m sorry but I cannot estimate the time it will take for our legal team to get back to you with their decision. This is because they need to “mesh” the characteristics of all of the necessary witnesses and testimonies with the actual detailed submission that contains the entirety of their evidence, which are all still evolving. Please be patient in our getting back to you with a decision. Thank you for your help.
An ad in the Stanstead Journal or the Saint Croix Courier might be good. I’ve read both.
@calgary411
“Will we have collectively rolled over and just let be done to us with the IGA that implements FATCA what our own and the US governments have license to do?”
I don’t think the fight will end if the judges decide it’s in their best interests to rule against us, because the situation is not only outrageous and humiliating, it is unlivable, much like it was for people who were told to sit in the back of the bus and use another bathroom because of the color of their skin. The fact that over $500K was raised by a small group of people shows dedication to the cause, and many of us cannot “roll over” even if we wanted to, therefore the fight will not end until the abuse ends, but it may have to get a lot worse before it will get better.
If I ever receive a brown envelope from the IRS, all they will ever get back in return is another brown envelope with the burnt remains of their demands inside. How will they collect? We can only imagine. They can start abducting unsuspecting people while at a border crossing, but that will effectively shut down the boarder to all paranoid people once the news gets out. Will they pressure the Canadian gov with more sanctions in an attempt force them to collect for the IRS? The threat of sanctions worked to get the IGA signed, so why not try getting Canada to also do collections, there seems to be no reason not to give it a try. Trudeau is Obama’s best friend, and he’ll presumably be the best friend of a Trump, or a Clinton, or a Sanders too.
@Middlefinger
Why not try getting Canada to also do collections?
Don’t’ you think that’s where we are headed eventually?
@EmBee @Middle Finger
IRS letters come in white envelopes, not brown. It is CRA letters that come in brown envelopes.
@ Middle Finger
If I ever receive a brown envelope from the IRS, all they will ever get back in return is another brown envelope with the burnt remains of their demands inside.
And so that finger rises even higher. I like your altitude. Make sure the ashes are black though. They are VERY paranoid about white powders arriving by mail down there. π
Seriously though, your point about possible further sanctions is valid. The USA dishes out sanctions against other countries with nary a thought as to the legality of its actions nor any worry about the consequences.
@Don
“Itβs just matter of time before FATCA data becomes public domain.”
I expect that an insider will find enough courage to leak some much needed sensitive CRA documents into the public domain. There must be more than a few US tainted people inside the CRA who are pissed off, although I imagine the witch hunt has long ago expanded into identifying anyone who may be a security concern because of it.
The insidiousness nature of discrimination has no bounds. Eventually we’re going to be labeled as “potential economic terrorists”, and that’s actually a thing according to one of Harper’s ominous bills, they have all the bases covered: http://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr09_6/p3.html
“β¦with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act.”
Be prepared to be refused an ordinary job because of unspecified reasons of “national security”. As bad is it is already, it can only get a lot worse if we do not take a stand right now.
Also consider that Trudeau is considerably worse than Harper ever was, because at least Harper did not pretend to be a reasonable guy with respect for the Charter and Canadian sovereignty. Trudeau’s “sunny ways” mantra pokes me in the eye like an evil joke, and what’s really bad about it, is that many Canadian’s believe what he’s saying. Trudeau is doing a lot of what I call “window dressing”, it’s a magicians performance that is designed to make it appear that he’s doing great things for Canada, while deflecting attention away from all the bad things that are being done behind the scenes.
@Middle Finger
Well, Rosa Parks wasn’t afraid to appear in court under her real name. The same is true of our two brave plaintiffs but we need more people like Rosa Parks.
@ Dash1729
I think you’re right about the envelope colour. There is an inverted pentagram stamped in the upper left corner though, right? π
@EmBee
“Make sure the ashes are black though.”
I never for a moment thought of sending back the white ashes in powder form π
Black ashes or not, as I posted above, no matter what we do, any form of non-violent protest can (and therefore we must assume will) be rubber stamped as economic terrorism if the stakes are high enough.
This law firm’s data in Panama perhaps won’t end up to be a huge bonanza for any tax authority.
If any of these names were playing by the tax residency rules, in most countries the issue will stop there.
It’s going to depend whether they’re in or out of the tax system unlike the US.
@All
The way in which collections will likely start–although it may not stop with this–is that the IRS will serve large banks (eg Toronto Dominion) with branches in both countries that a Canadian with a bank account in a Canadian branch owes them money. TD will claim they have to comply because they have offices in the US. One may not even get a letter (white or brown) in the mail–you’ll just wake up one day and find your bank account empty.
I’d recommend people who fear that they may have the “US taint” deal with Canadian institutions with as minimal contacts in the US as possible.
Forgive the pun, but it’s like the rest of the world has become the 51st State for Tax Information Exchange.
Just picture it – The US one colour and the rest of the world’s countries another.
This lawsuit must succeed. That’s what FATCA is.
Follow
@Embee – spot on. π
I am still asking. From my post today:
“The Court directs that the Plaintiffs [Ginny and Gwen] provide a further status report of the proceeding and seek such orders or directions as may be required pursuant to Rule 385(1) by June 13, 2016.”
We do NOT want to delay, if permitted, our submissions — and the Court and our litigators want us to “get moving”. How do you think the Court and Crown attorneys will respond to a delay because we can’t find enough witnesses?
IF YOU WILL NOT VOLUNTEER AS A WITNESS PLEASE HELP US QUICKLY FIND THE WITNESSES WE NEED. CANADIANS: PLEASE KEEP YOUR FOCUS ON WHAT HAS A CHANCE OF CAUSING CHANGE.
If you want to volunteer as a witness, contact me at stephen.kish.chair@adcs-adsc.ca
We are ESPECIALLY seeking as witnesses Canadians, who the U.S. deems U.S. citizens, who have a “REPORTABLE” (e.g., non-RRSP) account > US $50,000 and who: etc.
“How do you think the Court and Crown attorneys will respond to a delay because we canβt find enough witnesses?”
The Conservatives will respond with “I told you so” and “no Canadians are impacted”.
Tom,
Thanks very much for the suggestion about the Stanstead Journal and the Saint Croix Courier.
I have already been interacting (since Friday) with the Stanstead Journal, finding out about cost and am hoping for a companion article with the ad.
I was not aware of the Saint Croix Courier, but it also seems “perfect”. Just spoke to the Editor who already had awareness of the issue (apparently lots of border babies in Campbellton NB etc.) and am hoping for an ad that is not expensive. BTW, the Courier is based out of St. Stephen NB where I landed as a new immigrant in 1970 (and never expecting that my adopted country would later decide to turn me over to a foreign country because of my place of birth).
@ Stephen,
Yes, I took out a Kijiji ad (Community / Vonunteers http://www.kijiji.ca/v-view-details.html?requestSource=b&adId=1151794018) and a Craig”s List ad in the Hamilton area. Kijiji is fairly strict about not posting your ad in more than one locale but, of course, each and every Brocker could post their own in their locale . If the visuals are not posted somewhere here in IBS, I could forward to an IBS administrator to share here.
I don’t know if Craigs’List is as picky about not creating duplicate postings in different communities. But then one never knows if anyone even looks at these (no “visitor numbers” shown). Still it’s a free ad opportunity.
One wonders if some of the small newspapers along the border might be interested in writing up a column about this search for witnesses (without the need for taking out a paid ad). If, as we assume, there are lots of “US folk” in these border communities, this may be of interest even as an article. Last summer a list of all such smaller news services was built and the list is available; it may be worth a try.
And then there might be US Expat groups in major cities, and https://www.internations.org/canada-expats/americans. I will see if I can get my friend who used to be ++ involved in Democrats Abroad (Canada) to circulate a notice privately (he won’t do it via DA due to their position on FATCA). If anyone wants to email any of the “famous folk”, let me know – – can’t be sure their email remains the same, and aDCS can’t do this (as it would be SPAM), but individuals could quietly take a flyer at this…..
LM, thanks for the suggestions. I post now for witnesses at American Expatriates (since GwEvil taught me how to use FB) and others could do this too.
Regarding today’s updates on the two border newspapers I mentioned above:
— Stanstead Journal (Quebec/US border) prefers not to do an ad but will do an article which will include my request for witnesses. The journalist reminded me that the doctor in Stanstead recommended years ago that it would be best for the mothers to go across the border to a U.S. hospital for the births.
— St Croix Courier (NB/US border) — I will be placing two 1/4 page ads.
Could others please follow up on LM’s suggestions and spread the word that we need more witnesses — now? Ads/mentions in other small newspapers?
@ Stephen “The journalist reminded me that the doctor in Stanstead recommended years ago that it would be best for the mothers to go across the border to a U.S. hospital for the births. ”
Can the families or now adults effected by this medical decision sue these doctors for malpractice and perrenial harm??? LOL
Yes, LM, it’s appalling.
All –
If other Brockers in Canada would be willing to phonel some of the non-major newspapers along the Cda-US border to discuss the possibility of placing an ad or an article in hopes of finding more witnesses effected by FATCA (such as Stephen arranged at the Stanstead Journal), please let me know. As noted above, a list of all non-major newspapers was gathered last summer but bodies are needed to be in touch/make the connection (and make the case) with these editors.
Also, if you have not already done so, consider placing Kijiji and a Craigs’List ads in your local area.
@LM I have taken the liberty of copying and pasting your Kijiji posting to Kijiji Ottawa (my home). E ixcellent, brief, and gets to the point.
@ NorthernShrike –
That’s great! So glad to know it’s been posted elsewhere. Hopefully someone will be interested and reply.
Hello Brockers in Canada – – you too can do the same (copy and past this Kijiji ad in your community – – http://www.kijiji.ca/v-view-details.html?requestSource=b&adId=1151794018)
While the Canadians look for more Canadian plaintiffs and witnesses for the lawsuit in Canada, perhaps those in EU and elsewhere might be interested in reading through this in case it may inspire;
‘Decision in case 1398/2013/ANA on the European Commission’s refusal to give access to documents relating to the US Foreign Account Tax Compliance Act (‘FATCA’)
Case: 1398/2013/ANA
Opened on 13 Aug 2013 – Recommendation on 03 Dec 2014 – Decision on 31 Mar 2016
Institution(s) concerned: European Commission
Field(s) of law: General, financial and institutional matters,External relations
Types of maladministration alleged β (i) breach of, or (ii) breach of duties relating to: Requests for public access to documents [Article 23 ECGAB]
Subject matter(s): Dealing with requests for information and access to documents (Transparency)’
from;
http://www.ombudsman.europa.eu/cases/decision.faces/en/65927/html.bookmark
See also;
http://isaacbrocksociety.ca/fatca-and-the-eu/comment-page-1/#comment-7417807
http://isaacbrocksociety.ca/fatca-and-the-eu/comment-page-1/#comment-7417838
Thank you to @sph for posting;
http://isaacbrocksociety.ca/media-and-blog-articles-open-for-comments-part-3-of-3/comment-page-42/#comment-7417402