Our four ADCS Board members are John Richardson (co-chair and legal counsel), Patricia Moon (Treasurer), Carol Tapanila, and Stephen Kish (Chair).
Canadians and International Supporters, we have now received sufficient donations to pay off the $45,000 installment for the legal fees bill for our Canadian FATCA lawsuit appeal. Thank you for your longstanding support.
As Embee says: “This lawsuit may have been overshadowed by these trying times but it’s still important to assert one’s right to justice and plead for common sense to prevail in whatever form US bully boy tactics threaten our well-being”
The FATCA Canada lawsuit began in 2014 and will likely be resolved only in the Supreme Court. Its simple aim is to strike down the FATCA IGA and enabling provisions of Canada’s Income Tax Act in their entirety. Stated differently: We want our nation’s sovereignty back.
A commenter reminded us that we will not receive any support from either Conservative or Liberal Canadian governments: “Harper signed the IGA (Flaherty did clearly point out it’s failings but it went ahead anyway) and Trudeau criticized the agreement and vowed to do something (he did nothing)”. This means that we are on our own.
Please help us to stay the course.
DONATIONS ARE NEEDED TO FUND a lawsuit attacking the constitutionality, regarding autonomy, privacy, and equality rights, of the Canadian FATCA IGA legislation that was imposed by the United States on Canada. We want our sovereignty back.
You can DONATE by cheque and cash in the mail, PayPal and transfers.
CANADIAN FATCA LITIGATION UPDATE May 21, 2020:
LITIGATION STATUS: The Notice of Appeal has been filed. This will be followed by the Appeal Book and the Memorandum of Fact and Law (the arguments). My (SK) personal guess is that the trial itself will take place during the first quarter of 2021.
The Alliance for the Defence of Canadian Sovereignty and Gwen and Kazia have raised $45,000 in this first installment funding round (Thank you for your support!) for the legal expenses of our FATCA IGA lawsuit, now at the Canadian Federal Court of Appeal.
Justice Mactavish said that it is “important” to avoid consequences threatened by the U.S. But we say not at the expense of our Charter rights.Please help end one of the FATCA compliance laws that impact on all of our countries.
CBC says that, for 2018 tax year, information on 900,000 financial records of Canadian residents was turned over by Canada to U.S. IRS because of the Canadian FATCA law. Gwen and Kazia, two Canadian citizens having no meaningful relationship with the U.S., are appealing on your behalf two Federal Court decisions to the Canadian Court of Appeal.
The grounds for appeal will include violations against their autonomy (Charter section 7), privacy (8) and equality (15) as well as arguments that the ruling was improperly based on the finding that the Income Tax Act is primarily regulatory in nature, and that factors such as the relationship between Canada and United States were not properly dealt with. Fleshed out details of appeal grounds will be provided in the Factum, likely mid-year.
Gwen and Kazia ask for your help in paying for the legal costs of the appeal.
If you feel that the FATCA IGA is not good for Canada PLEASE DONATE.
Appellants and the Alliance for the Defence of Canadian Sovereignty thank you for your past support. SEE OUR WEBSITE FOR MORE DETAILS (ADCS-ADSC).
You can SEND DONATIONS by cheque, cash, PayPal (easiest), and transfers.
For more details see: Alliance for the Defence of Canadian Sovereignty
There are over 10,000 page views per day on this homepage, according to the counter. If each of today’s visitors chipped in $2, this stage of the case would be funded. Done. If you value this extraordinary website, this honest community of dedicated campaigners, and this common cause – do your bit. That is the right and fair thing to do. Surely, surely, you know that?
And gratitude to Gwen and Kazia for all the time and effort they have put into this on the behalf of so many; as have others all those working behind the scenes.
@ KingOfTheRoad
I like that idea. I can chip in enough for 5 @ $2 each but it will have to go by mail.
@ Stephen
I’ve got the envelope addressed already and I found a $10 bill to put in it. It will arrive after the deadline, is that okay?
EmBee,
Your donation coming in after the deadline will quickly be on its way to our lawyer. Thanks!
Canadian Federal Court Justice MacTavish, ruling against Gwen and Kazia, said that it is important to avoid the consequences of non-compliance with FATCA. But we say not at expense of Charter rights.
This morning’s Toronto Star article did not deal with FATCA, but consider some excerpts:
— Yes, of course there are many ways to fight FATCA, but please consider donating to a lawsuit aimed at striking down this Canadian FATCA law.
https://www.thestar.com/opinion/contributors/2019/12/10/canadian-foreign-policy-has-official-died.html [Note, December 12, 2019 print article is slightly different from online version.]
So now what? It will take a miracle to have the required funds by today. I don’t see this is gaining any traction anywhere despite the numbers of people affected. Does everyone have their head in the sand? As a cautionary tale about what happens when you give the US a foothold (via FATCA or something else) in your country’s domestic affairs – read this:
https://www.cbc.ca/news/opinion/opinion-border-crossing-rights-1.5382547
To those who read here but haven’t donated;
Please, please, step up.
I sent in my contribution earlier (hope it arrived!) and urge those waffling to step up asap. The US will continue to push Canada ever farther into grovelling vassalage if we don’t push back on this and other fronts. It is apparently the default American way.
And I say that as one who was born in the US but who had an American parent (who kept their US citizenship during the decades where both Canada and the US forced the ceding of one for the other if naturalizing) but who was always well informed and well cognizant of the worst of US behaviour as well as appreciation for the best.
The US forced me to cede my US birthright in order to live a normal life in Canada, but I’ll be damned if I sit by without helping in my small way and let it force my home country of choice into further submission.
If you’re a US patriot you should give to this challenge to preserve the better side of the US – and provide a well needed check and balance on its tendency towards arrogance and coercion of other nations, and if you’re a Canadian patriot you should give to this challenge to preserve Canadian sovereignty and self determination. If you’re outside of Canada – thank you for giving – this is an effort that adds strength to challenges of the US by EU citizens and has a cumulative effect on several fronts.
This effort has made it past so many obstacles since 2014 (and before) and those doing the heavy lifting on behalf of all of us have hung in there. Least we can do is to push on with them – so keep the faith!
Surgite!
@Maya Larson
I also wonder how many people have their heads in the sand. I read the article you mentioned,
“Canadians travelling to or through the U.S. should pay close attention to their withering rights.” which states:
“Travellers on their way from Canada into the United States should be aware that these changes, ostensibly enacted to increase the efficiency of travel and trade across the boundary, give U.S. officials dangerously extended power in Customs preclearance areas on Canadian ground.”
I’ll try to send something more for the cause today.
donation sent via paypal
@ Stephen Kish
The Toronto Star article which you have quoted gives another example of U.S. extraterritorial over reach via the new trade agreement. FATCA is an example of this but unfortunately that is not where it all ends.
I hope the rest of the funds for the lawsuit come your way. Gwen, Kazia and their supporters are standing up to a large bully. It’s a shame governments worldwide don’t have the sense to do the same.
Sadly we’ve had much valued Brock contributors who over the past 7 years have passed away. (If anyone knows of someone else please comment.) It would be wonderful if some donations were to be made in their honour to get this now overdue installment paid. In the next installment I’ll be dedicating my donation to those who I know would have helped to continue Gwen and Kazia’s court challenge, were they still here to do so.
ozteddies — 2013
RogelioC (Roger Conklin) — 2014
Arrow (Don Whiteley) — 2014
Markpinetree (Dr. Marcio Pinheiro) — 2015
Blaze (Lynne Swanson) — 2017
@EmBee
Good idea! Unfortunately, the only Brock person that I’m familiar with who has passed on is Lynne Swanson.
She was a very large contributor. If I’m able to donate in the future, will dedicate to her.
@ Pat Canadian
I can’t remember when you came to Brock but Don Whiteley wrote some articles on our behalf before he passed away.
http://isaacbrocksociety.ca/2012/06/06/the-accidental-kenyan-what-would-happen-if-the-african-nation-copied-u-s-tax-policy/ — reprinted from the Vancouver Sun with permission
https://www.bcbusiness.ca/us-tax-laws-the-long-arm-of-uncle-sam — October 2012
https://www.bcbusiness.ca/canada-capitulates-on-fatca-agreement — February 2014
Here’s one I missed …
http://www.vancouversun.com/news/Compliance+with+violate+Charter+Rights/8086718/story.html — 2013
Arrow once replied to one of my comments this way (bless his heart, it did help me feel less isolated) …
@EmBee
I came to the Maple Sandbox site before Brock, so likely sometime around 2014. Don Whiteley’s name does sound familiar. Thanks for the links. I was in touch with Douglas Todd at the Vancouver Sun and was even featured (anonymously) in one of his columns before renouncing. Interesting how it’s all connected.
@EmBee
Here is link Vancouver Sun Douglas Todd column – 2014:
https://vancouversun.com/news/staff-blogs/vancouver-woman-joins-movement-to-drop-u-s-citizenship
If it is ok to talk about this now, I will. I was with Blaze(Lynne Swanson) the day before she passed. She was very ill and had not opened her eyes for a long time. I was told that she had lost her ability to know or see anyone. Well, when she heard my voice, she opened her eyes and looked right at me which surprised her sister. I told her we all loved her and I would never give up this fight until the end.I was able to give Lynne one last hug. I spend time with Lynne a few years before she passed and have never met such a fighter for morals and equality in my life. This completely corrupt government can learn from someone like Lynne. Same as the corrupt judges that are in this country bowing to the government’s needs. I do not think morals are any part of this country’s leadership at all. It is terrible to see how greed and money is changing this world rapidly. I will send in a donation in the name of Lynne swanson, we all loved her and miss her to this day.
And Ginny, it is the Beatles……. We love you too…..
@ Pat Canadian
Awesome link, thanks. While I was looking back to find Don Whiteley references I found a link for Douglas Todd but it wouldn’t open. Maybe it was the same one.
@ Nativecanadian
Yes it’s okay. My comment was cleared by the ADCS board. I’m tearing up right now so I’ll just say thank you for your remembrances of our dear Blaze.
JapanT,
Thank you for your kind donation, which did arrive safely, and for your request that we “Keep up the fight!”.
Brock commenters (past & present), Brock post writers, Brock moderators, trial plaintiffs, legal teams (then & now), ADCS board members, trial fund donors (near & far) and so on …
I started to try to name all of them in order to wish them a Merry Christmas and Happy New Year BUT the list got very long and then I worried I’d miss someone.
Soooooo … MERRY CHRISTMAS and HAPPY NEW YEAR to EVERYONE who makes the Brock forum helpful, supportive and informative and to EVERYONE who made it possible for Canada to be the first country to challenge FATCA in a courtroom. SURGITE!
@Embee, may I heartily second your best wishes;
“..MERRY CHRISTMAS and HAPPY NEW YEAR to EVERYONE who makes the Brock forum helpful, supportive and informative and to EVERYONE who made it possible for Canada to be the first country to challenge FATCA in a courtroom. SURGITE!”
(Hope this message is considered an acceptable diversion from the main post. I believe that even little things like this can be powerful – to foster and maintain human connections – creating and cementing important bonds – particularly important when our contact and interactions here are only virtual. The early connections and sharing in a cooperative way forged strong bonds which are a large part of the reason IBS was so successful, in addition to the information sharing and problem solving re USextraterritorial CBT, FBAR and FATCA and is part of what keeps people reading and following here even when their US status and its concomitant burden was excised.)
This is about all I could find on Justice Boivin:
NOTE: He was appointed by the Stephen Harper government, just a few months before FATCA went into effect in Canada (July 1, 2014).
2020
First day of a NEW year.
First day of a NEW decade.
What’s in our cards? Do we fold ’em (resign ourselves to an untenable, unfair FATCA existence) or play ’em (keep fighting for a win against FATCA)?
Many have done much more than their fair share to attempt to right this wrong and at this point about all they can do is wait on all of us to see if it’s going to be retreat or surgite.
We know the USA’s tax regime machine is relentless so they will continue to come up with new methods of FATCA enforcement, unless they get some pushback from somewhere.
We have the power to push back, should we choose to use it, and 2020 would be a good year to bring down the FATCA demon which the US Congress cavalierly created back in 2010.
Thank you cash donors!
This is to confirm receipt of Euro cash from “Elrond 2019” from Switzerland, and Canadian cash from supporter EmBee who I quote above.