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.
@ Stephen Kish
That’s pretty much what I thought too. I was just wondering what JC had in mind. I like focusing on one thing at a time … right now its witnesses. BTW there is NO SHAME in asking for witnesses to volunteer. The shame belongs to two governments which have created circumstances which have brought about the need for a Canadian charter trial and witnesses to describe the harm they have caused. Harm which should be perfectly obvious to both those governments but they duck and weave and hide behind their wicked legislation.
Excuse me if I have missed something, but there is another kind of possible witness which I have not seen mentioned in this context, namely someone whose career has been damaged because they will not be hired, or retained, due to their US personhood. This one could include anyone whose work would naturally give them signing authority. This could be a comptroller for an auto dealership, finance officer for a school board, treasurer of a charity. In many cases, it might include the CEO. Most organisations will have several people with this authority. As I understand it, these persons would be required to report the financial affairs of the organisation for which they work. It would be reasonable for such an organisation to avoid hiring such persons. Please correct me if I am wrong.
Northern,
I agree — and you describe yet another harm.
@ NorthernShrike
That’s a good point. Whether it’s been mentioned before I can’t say (don’t recall) but it doesn’t hurt to reiterate. Such a witness would be safe from IRS harm if he/she were compliant so coming forward to describe the harm of lost job possibilities would be a relatively safe gesture … and greatly appreciated. It would be wonderful to get such a witness … if this is what Mr. Arvay has in mind and I can’t see why he wouldn’t.
@ Blaze @ Native Canadian
Count me in for any demonstration in London, Ontario. I doubt my lawyers would object and I have so many WORDS in my head that need to escape before I explode, since the Government has chosen not to examine me in the usual pre-court way. They will have to hear from me one way or the other.
@ George will understand.
Until then, Blaze, thanks for your great work with the iPolitics journalist, as well as all your persistent work with the media in the past.
@ Canadian Ginny
Would Rebel Barclay be able to add some woofs to the protest too?
@ Embee
Good idea! That dog has the best Scottie hoot ever! He’s often more vocal than I am. Plus he is a magnet for anyone who lays eyes on him. A real Ham(ish).
Woof.
For @ Embee ( can’t imagine anyone else being interested, and I can’t post privately).
Barclay jumped on my lap and whispered this reminder to me after your post:
He was born in the USA, a product of a puppy mill operation. So the USA let him down.
He was purchased by a conniving Canadian, who tried to use him as a stud slave so Canada let him down.
Then we found him and rehomed him. So he’s dual I guess like me. Betrayed by both countries.
He also mentioned he is Canadian tax compliant because his dog license is paid where he resides.
He feels no allegiance to the USA, having only spent 5 months there as opposed to my 5 years. He’s very happy to live in Canada with us. He identifies as solely a Canadian because he ‘landed here’. And then I registered him with the Canadian Kennel Club. So, he’s not a second class Canadian dog.
That’s good enough for me and him. He would be honoured to join our London protest. He is not fussy about where he conducts his ablutions, preferably near an upside down certain country’s flag.
@ Stephen
Cass Sunstein teaches that there are two types of Dissenters: Disclosers and Contrarians. We all want, as Witnesses, Disclosers — disclosers of the truth. Sunstein says that these people who help the group “arrive at correct decisions” — should “be prized”.
I like that quote. Thanks to those who have so far applied. But we still need more volunteers. Please help if you can. I am not discouraged that the requirement is for Canadian witnesses. We started this law suit. We have been supported by so many overseas wonderful people in many ways.
So it is natural that the onus falls back on us to set the standard for our law suit. This is also a way we can pay tribute to our non Canadian resident supporters who have helped finance and cheered us on. We remain together in all this.
Contact Stephen. Contact an admin if I can be of help by email.
You will be astounded to read this….http://www.parl.gc.ca/content/sen/committee/412%5CNFFN/10EV-51378-E.HTM
Actually, Scotiabank required me to complete the FATCA forms even though my balance is far below $50,000. Maybe that would work for a Canadian who opens an account at Scotiabank.
Sounds like Senator Mocker could sign an affidavit. The facts are already public.
http://www.parl.gc.ca/content/sen/committee/412%5CNFFN/10EV-51378-E.HTM
That is, senator Mocker’s bank accounts would be reported to I.R.S. and that’s one category ADCS is looking for. In fact, the statement in the testimony might even be admissible to the court.
@Tom Alciere If I may look at it from the banks viewpoint. While at the point of FATCA due diligence an account may be below the threshold, it may be above the threshold or spike above at some future point. To avoid noncompliance issues I would think the banks would want to find out all their US person account holders.
Also wasn’t there a conservative MP who had to come into compliance? I forget who it was. Maybe he might want to attest to harm?
@Stephen Kish. Can the Liberal politicians who made statements against the FATCA IGA but are now supporting it be compelled to testify as witnesses?
Has anybody asked Elizabeth May, MP to sign an affidavit? She was born in Connecticut.
“…so now I have to be careful not to let my balance exceed $50,000.” might be an affidavit. Not I, because I am a U.S.A. citizen living in the State of New Hampshire.
+1 On Elizabeth May
Does anyone know if Elizabeth May has formally renounced or relinquished her US citizenship? Does she have a CLN? If not, does she file US tax forms? I know she was on our side from the get-go but I don’t know if she is personally being harmed by all this.
@Ginny We would be thrilled to have you and Barclay as part of our protest. Now I need to get going on the clips for the video so Deckard can put the, together.
Is anyone else available to help pull together some of the video clips of anti-FATCA statements the Fibbing Libs made in the House of Commons or at Finance Committee?
“We are ALSO seeking an additional PLAINTIFF (like Ginny and Gwen) who is IRS non-compliant, no meaningful ties to or history with the United States, never relinquished, does not have CLN, and who has a reportable account (e.g., non-RRSP) > US$50,000.”
Wouldn’t be better to have RELINQUISHED but not have CLN, where the US hasn’t figured out yet if the person is IRS non-compliant?
@ Blaze
If there isn’t a video clip of some Fibbing Libs making statements prior to being elected, then something they put in writing (letter or e-mail) could be read by someone with the words scrolling over in the video. I don’t know how much Deckard is willing to take on here (don’t want to overload his plate) but this might be something to consider. My spirits are pretty low these days but your willingness to continue to trail blaze helps me to hang in.
I’ve sent Lynne links to some of the videos. There is a lot to wade through.
@Blaze
Pick me, pick me. I would love to read those Fibbing Liberal statements back to them. Maybe I could train Barclay to growl at the end of each. Also, he has another talent: he throws his head way back when he doesn’t get what he wants, and gives a deep Scottie Hoot.
Can’t help with putting together the actual videos because, you know, my skill level has only advanced to four finger typing.
But I am definitely coming to London to meet you and Native Canadian in person and others who can join in. It’s kinda lonely being here by myself in the southern most city in Canada over looking the Bully to the north of me. Yes, I said north of me.