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.
@George – “IF the government can justify FATCAing said young women, there is an identical legal argument that they will aid in drafting them for a FOREIGN POWER.”
This is a stunning point and definitely should be raised with JT and his bevy of Ministers. They need to do a hard think on this ethical equivalent!!!
@LM, Young Trudeau needs to be asked if his Government will protect young Canadian Citizen women resident in Canada who defy THE LAW of a FOREIGN POWER and refuse to register for the US Draft.
OR will Young Trudeau and his Government herd young Canadian Citizen women resident in Canada and hand them over to a FOREIGN POWER.
Yes or No……………..
Once this law is passed and I believe that it will pass, there will be tens of thousands of young Canadian Citizen Women who will be breaking the law of the United States. Are their MPs who would like to help these young women register for the draft of a FOREIGN POWER.
Folks, there is zero difference on this and FATCA.
FATCA IS the slippery slope and it only gets worse.
This was always my argument when Nate foolishly registered for Selective Service. It was back when Dubya was talking about invading Iraq. My father-in-law was quite surprised at my reaction – I was spitting nails.
“You mean to tell me that you refuse to participate in the elections to vote for or against the President that would send you to the Middle East, but willingly sign up for their draft?”
“There’s no draft right now.”
“Exactly. RIGHT NOW. Have you SEEN the political and military climate out there? Are you freaking kidding me?”
Apparently volunteering his life to serve a foreign master is not enough to will him into action, but come after his hard earned money and he’s scraping the pennies together to renounce.
On the one hand, what’s good for the goose is good for the gander. If they want to get kids to sign up for the draft, so be it.
But as far as I’m concerned, they should be cancelling the selective service program, not enhancing it.
And it goes without saying that if said young girl with US taint is the citizen of another country, she should not have to volunteer her life to a foreign power. Master nationality rule all the way.
@George, Please be sure to let us all know when the bill to have females register for the draft actually passes and is signed into US law. Following that, there should be an onslaught of letters to all in the Liberal party!
@Isabelle Brock, if you notice my argument is agnostic on the merits of women serving in a countries military, drafted or otherwise. My argument is if young women resident in Canada who are Canadian Citizens should be forced to register for the draft of ANY Foreign Power other than Canada solely because they have “foreign taint” !!!
In regards to “There’s no draft right now.” Selective Service IS the draft in all manners except the lottery has not begun.
So I guess Obama’s girls will be u for that. Oh yeah, money & connections means no draft!!
@George: I was commenting on the policy itself, not your reaction to it 😉
Will Young Trudeau and his Liberal Government herd young Canadian Citizen men as well as women resident in Canada and hand them over to a FOREIGN POWER? Though the US Selective Service at present is *just for* young men, I don’t want young Canadian men handed over to a FOREIGN POWER, especially the US, any more than I want a young Canadian woman handed over (and remember what Young Trudeau said about *this being 2015* on the make-up of his cabinet. Canada has not handed over its young men up to this point but, given the climate of handing over all US Persons’ or their information in the name of FATCA, I see handing over our young men or young women is the same as what is happening with the IGA that implements US FATCA law in Canada and that can just as well be rationalized in this political climate.
George and LM: on the possibility of young women with US taint and future US Selective Service registration:
http://www.stripes.com/news/us/women-could-be-headed-for-the-draft-after-house-committee-vote-1.406735
http://www.militarytimes.com/story/military/2016/04/27/ndaa-hasc-women-draft/83624490/
I agree with Calgary. The question should be about young Canadian men and young Canadian women.
The reality is right now the Americans expect Canadian males born in the U.S. to register for the draft. So far, the Canadian government has done nothing to enforce that. But what will happen when the Americans demand it?
Donald Trump is demanding other countries–including Canada–pay more for NATO. He thinks the U.S. is spending too much to protect NATO “freeloaders.”
http://www.cbc.ca/news/politics/trump-obama-nato-spending-targets-1.3495736
Does anyone remember where the link is to the embassy or consul website telling U.S. Tainted Canadians they should sign up for selective service. I would expect that if there was a draft expats would be first in the lottery.
@Cheryl: From US Embassy in Ottawa:
https://ca.usembassy.gov/u-s-citizen-services/selective-service-registration/
“Dual nationals of the U.S. and another country are required to register, regardless of where they live, because they are U.S. nationals.”
“Failing to register or comply with the Military Selective Service Act is a felony punishable by a fine of up to $250,000 or a prison term of up to five years, or a combination of both.”
Additionally (and add *women* to all instances referring to *men*) if passed into law,
https://www.sss.gov/Registration/Who-Must-Register/Men-With-Disabilities
and, of course, we can’t forget the penalties (blind eye now turned to these?): Penalties for Failing to Register
@ calgary411
It’s absolutely horrifying to think what service a CND/US man or woman with a disability will be asked to perform for the benefit of the US military in the case of “a future crisis”. You’d like to think it would at least be something benign like rolling bandages but, knowing the US government, it would probably be something very sinister, affording little chance of survival. It’s one thing to steal Canadian assets but to conscript our sons and daughters into a US war of agression (all wars are fought to enrich the elite)? THAT is an abomination that can’t be described adequately by the word abomination.
…and if a disability is developmental or otherwise of *lack of requisite mental capacity*, a parent, a guardian or a trustee cannot act on behalf of such a person to renounce a US-deemed US citizenship.
@George
>>They refuse to call said affected persons Canadian Citizens!!!
If we’re Canadian Citizens, then it means we’re protected under the Canadian Charter, but if we’re “US Persons” (whatever that is, it’s not defined in Canadian law AFAIK), then we have absolutely no rights what-so-ever.
Anyone, and most specially an elected official of the Government of Canada (eg Morneau), who labels us as “US Persons” MUST be confronted immediately. It is something that is worth getting very angry over! No one has the right to dehumanize you as being a “US person”, no one has the right to lessen your Canadian citizenship, no one has the right to secretly send your personal banking details to a foreign power, and no foreign power has the right to claim a Canadian citizen as their own slave when residing in Canada!
I’m sure by now we’re all very familiar with Section 15 of the Charter, but it’s worth reading again and again, because we’re 100% Canadian – there is no in between Canadian – and all Canadian’s are protected in the exact same way under, the same Charter, that all Canadian fall under!
http://www.pch.gc.ca/eng/1355929397607/1355929510108
Section 15 – Equality Rights
Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
This section of the Charter makes it clear that every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to be considered equal. This means that governments must not discriminate on any of these grounds in its laws or programs.
The courts have held that section 15 also protects equality on the basis of other characteristics that are not specifically set out in it. For example, this section has been held to prohibit discrimination on the grounds of sexual orientation.
The Supreme Court of Canada has stated that the purpose of section 15 is to protect those groups who suffer social, political and legal disadvantage in society. Discrimination occurs where, for example, a person, because of a personal characteristic, suffers disadvantages or is denied opportunities available to other members of society.
At the same time as it protects equality, the Charter also allows for certain laws or programs that favour disadvantaged individuals or groups. For example, programs aimed at improving employment opportunities for women, Aboriginal peoples, visible minorities, or those with mental or physical disabilities are allowed under section 15(2) .
“So not only must young Canadian Women file all sorts of tax returns with a FOREIGN POWER, said young women must now also register to fight in the wars that said FOREIGN POWER starts!!”
Good for them. If they make the right decision about which side to fight for (notice that this doesn’t mean fighting for the right side when there is no right side), they lose their US nationality without even paying a fee.
“Male U.S. Citizens between the ages of 18 and 26 are required to register with the Selective Service no matter where they currently reside.”
“Dual nationals of the U.S. and another country are required to register, regardless of where they live, because they are U.S. nationals.”
Does that mean US non-citizen nationals are in that quantum state where they both aren’t required and are required to register?
“Failing to register or comply with the Military Selective Service Act is a felony punishable by a fine of up to $250,000 or a prison term of up to five years, or a combination of both.”
These threats of harm should be usable as evidence that the IGA and subsequent data transfer is putting some Canadians at serious risk should the USG start abducting “US Persons” while crossing the border. Sure, you can decide not to travel across the border due to the dangers of doing so, however, if you are on a plane, and it has to make an emergency landing in the US, you may be abducted and thrown in prison thanks to the IGA data transfer.
My Canadian born 18 year old is deemed a USC by the USG (American born parents). He is a member of the Canadian Armed Forces. In the not too distant future, will the Canadian Armed Forces be required to check its rolls for military personnel with US indicia and then turn the names over to the USG for verification of Selective Service compliance? After all, when Congress speaks, Canada listens.
Does being in the Canadian Forces not automatically erase US citizenship?
It normally does if that is the individual’s intent– not official though until you visit Mordor and plunk down the $2350 USD fee. My son was 17 when he joined the CAF– I suspect the US would refuse a claim of relinquishment on the basis that he was a minor when he joined up.
US laws and regulations are often unreasonable. As such, they shouldn’t be enforced outside US territory by our Canadian government. Trudeau needs to stand up for Canadian sovereignty. Additionally, the Master Nationalality Rule should be the default.
@BC_Doc my honourable friend your home and family are a den, I repeat a den of LAWLESSNESS.
And…..I would bet your son has FAILED, yes FAILED to register with U-S-A Selective Service to defend the homeland which you owe EVERYTHING to. No doubt you aided and abetted same also a violation of THE LAW.
LOL LOL
@BC_Doc, “plunk down the $2350 USD fee.”
On a serious note isn’t that disgusting that our kids who owe NOTHING to said FOREIGN COUNTRY would have to pay what is a lot of money to a young person to shed something they never wanted or asked for.
My eldest is going to start hammering our MP about that.