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.
Already happening in Ontario.
@ Bubblebustin
I don’t think the citizenship disclosure in BC is in any way related to FATCA. It’s driven by the fact that offshore buyers are extremely active in the Vancouver market, and the government has no meaningful information on just how active they are.
I happen to be one of those that don’t give a toss about the IRS. Like Stephen, I am surprised at the witness situation. If it’s that crucial to people they need to step up and make their case. So far, the US has succeeded in intimidating our useless bunch of sycophants in Ottawa into caving, and there is no reason at all to think this government would not offer to assist the IRS in collecting taxes in the future. “Give an inch and they’ll ask for a mile” has never been more true. Unless the EU manages to throw their own FATCA back at the US (Trudeau certainly won’t take any action) it is going to all come down to a court ruling.
What a shame it will be if with all the hard work in Canada (and with the help of our friends all over the world) to raise the amount of $$$ needed to go ahead with the litigation in this country, there is a chance we can’t go ahead because of lack of witnesses.
Are we fine then?
Shall we each go our own way?
@John Canuck
Living in BC’s lower mainland, I’m acutely aware of why the BC government is requiring the citizenship disclosure. It sure would be convenient for the IRS to tap into that information, if they could.
Now that I have a FaceBook account, I just posted a request for witnesses on American Expatriates.
Can others help out by posting similar requests for witnesses?
http://blog.seakexperts.com/the-best-websites-to-find-expert-witnesses/
This website is for paid witnesses, but it may help.
http://www.experts.com/
Here’s another one. Who knows you might find an expert witness that’ll do it pro bono.
One other thought. To get a handle on who is renouncing US citizenship, I would search the names off the US Expatriation quarterly list (usually uncommon names) and find them on LinkedIn.
This may be a source of witnesses even if they’ve renounced.
1. They may know someone else who hasn’t renounced who is a ‘US person.’
Since they took the step to divorce Uncle Sam, they may have an open ear to hear IBS’ need for witnesses.
https://www.federalregister.gov/quarterly-publication-of-individuals-who-have-chosen-to-expatriate
http://www.canada-usblog.com/2015/09/18/federal-court-of-canada-does-not-grant-injunction-to-stop-sharing-of-facta-information/
Someone with a Disqus, Facebook or Google account (I don’t have those) could post an update at the site above maybe, noting the call for an additional plaintiff and witnesses?
Also since it is a law blog, noting the impact of FATCA AND FBAR on lawyer’s trust accounts where there is a UStaxableperson relationship. Perhaps that will pique their additional interest?
Perhaps could include the link to the letter by Peter Hogg http://www.greenparty.ca/sites/greenparty.ca/files/attachments/peter_hogg_fatca.pdf since that hasn’t been mentioned very many places lately – and it does illustrate the gravity of the opposition to entering into or enforcing a FATCA IGA on Canadian citizens AND residents.
@calgary411
Yeah it would be a shame. Because those of us who supported this lawsuit were doing so to support you and your son as witnesses. If you and your son will not now come forward as witnesses it would be a deep betrayal of trust.
@calgary411
Come on Carol…
You can’t just take the money and then leave the heavy lifting to others.
That just isn’t right.
Dash, I am not going anywhere. I hope that I am among those who would make an acceptable witness. I express that it would be a real shame if all this work was done to raise the monies we need to go forward but that work would be in vain in not getting the necessary witnesses.
@calgary411
I appreciate this. I just feel that given your leading role here from the beginning we need you to taking a leading role going forward too.
Also I just emailed Stephen on this but let me make it public too: I caucuses with the Democrats here in WA state today. I supported Bernie Sanders who emerged as the winner. I supported the GOP (Ron Paul) back in 2012 and gave his son every chance this time. But the son was not his father’s equal in the Republican Party this time around. If truth be told the son was not his father’s equal in the Canadian Liberal Party this time around either. We can only hope that in the upcoming FATCA Canadian lawsuit the son proves to be his mother’s equal. I personally believe he will be up to the challenge. I have faith in your son Carol.
This is my fight, Dash. It is not specifically about my son but the many like him who could be so entrapped with no way to renounce.
@calgary411
Your specific situation was brought before Parliament. It is indeed specifically about you and more specifically about your son. The support many have offered is indeed directed to your son. There are many others without the ability to renounce in similar situations but why should they come forward if you won’t? This is indeed your fight. If you and your son won’t fight it who will?
@calgary411
Again I have faith in your son: he will be up to the challenge!
Please remember that this is Easter all. A time for rebirth … renewal …. and great faith. The symbol is an egg.
@Calgary, I think it would be wonderful if you are picked as a witness as it allows your sons situation to be entered into the record by YOU on his behalf!!
It is indeed threading the needle as you do speak for him.
Sidebar…and again if only his government would protect and guarantee HIS right to Canadian Citizenship as being absolute and paramount within the territory of Canada!! That is what he or anyone wants and demands and it is so simple.
@Stephen….have you asked for witnesses who are Canadian Resident with non-Canadian Citizenship (maybe British) but suffer from USA taint?
Thanks, George. That is the way I see it — on his (and others) behalf.
Happy Easter and Spring to all.
@Dash1729, I don’t think even a passionate devotion to this cause excuses the tone of your comments to @calgary411 http://isaacbrocksociety.ca/2016/03/09/canadian-fatca-iga-litigation-update-we-need-more-canadian-witnesses/comment-page-8/#comment-7368292 .
I find your choice of words and your claim repugnant. Even if there is agreement on the end goal here, it doesn’t justify your choice of means. We all have to live with the choices we make, and it is not you who will live with the consequences that may face @calgary and her son. It is a heavy burden to make choices as a parent and legal guardian. It has ethical implications that are difficult to wrestle with. It is one thing to make a decision for oneself as an individual, it is another to make choices that impact on one’s family and those in one’s care.
And for the record, though I support @calgary, her son, and anyone else in her situation, the money, time and other support I have and will offer is not contingent on her making personal or familial sacrifices. We are fighting for ALL people in this situation, and it is wrong for you to levy the kinds of criticisms and claims that you are making.
Again, the END does NOT jusfify the MEANS.
Get a grip.
George,
Yes, I have also asked for Witnesses who are US-tainted Canadian residents who are NOT Canadian citizens but who are “permanent residents” or “landed immigrants”. Thanks for making this point.
May I ask why you made this suggestion?
My understanding is that our Charter protects all living persons residing in Canada. Also, my understanding (I could well be wrong on this) is that these Canadians, unlike Canadian citizens, would not be “protected” by the US-Canada Treaty in terms of CRA collecting monies due to IRS.
@Stephen, partly what you just said but there is something else.
It ties into the Master Nationality Rule.
A Landed Immigrant on a British Passport with US taint would have been formally recognized and admitted as a British Citizen and nothi9ng else. The FATCA IGA upends that prior determination.
@Carol again I believe in my heart you have indeed threaded the needle. For once, we get the cake and get to eat the cake too!! The emotional face that you can add to this for your son will be far more compelling than what you would add for just you.
I hate to say this but I think in your testimony that you will be brought to tears. For that I say a heartfelt thank you and offer my apologies as well.
@Badger
Agree with all you say regarding Dash’s criticism and goading of @Calgary.
Absolutely offended by the tone and manner of the posts regarding @Calgary and her son by @Dash.
@Calgary: Support you wholeheartedly no matter what you decide our how you proceed!!
Badger put into words what I felt last night. As far as I’m concerned, Calgary411 has so long ago exceeded the “above and beyond” in advancing us toward the goal we all seek — bringing sanity and justice to this terrible tax/privacy dilemma created in the depths of the US gov’t and condoned in the depths of our own — that she does not need to expend a single unit of energy more. Yet she does, everyday, in many different ways, and for that I, and everyone, should be exceedingly grateful. If there is one freedom, above all, that we should treasure and protect, it’s the freedom to make our own decision about a risky matter without undue pressure — especially when a loved one’s security is a huge factor in that decision.