Author Archives: Joe Smith

Toronto: March 20 and March 21
http://ccla.org/home/pathways2privacy/

March 20, 2014 | 6:00 – 8:30 pm. Public Panel Discussion & Privacy Fair Venue TBA.
March 21, 2014 | 8:30 am – 5:00 pm. Pathways to Privacy Symposium: …

W could meet for dinner prior on March 20 and/or lunch March 21

The CCLA is widely respected and can get the real story in the media.

See their statements.
http://ccla.org/2012/12/04/ccla-registers-privacy-concerns-over-ongoing-canada-u-s-information-exchange-negotiations/

http://ccla.org/wordpress/wp-content/uploads/2012/12/2012-12-04-Letter-to-Dpt-of-Finance.pdf

Contact them. NOW!
http://ccla.org/contact/

Having just renewed my membership in Canadian Civil Liberties Union, I contacted them…
For general inquiries:
Phone: 416-363-0321
type in Deshman to reach woman responsible for this file. She has previously spoken at a Brock meeting so be nice when leaving a message.
email: mail@ccla.org
NDP —
malcolm.allen@parl.gc.ca
charlie.angus@parl.gc.ca
niki.ashton@parl.gc.ca
alex.atamanenko@parl.gc.ca
Robert.Aubin@parl.gc.ca
Continue reading →

On pages 40-41, section II, paragraph B2… it seems to state that credit unions are Deemed-Compliant Financial Institutions.! Please look!
http://www.fin.gc.ca/treaties-conventions/pdf/FATCA-eng.pdf

I really want to believe that the NDP will provide us with support. Murray Rankin is the lead on this and he seems like a sincere, good man, See links below…
http://murrayrankin.ndp.ca/u-s-tax-law-invades-canada
http://murrayrankin.ndp.ca/government-must-address-public-concerns-about-u-s-tax-law
http://www.ndp.ca/news/canadians-deserve-answers-fatca
Murray.Rankin@parl.gc.ca

“The Canadian government has a responsibility to protect Canada’s tax base, and while we understand the United States’ desire to protect their own tax base, this should not come at the cost of the rights of individuals residing in our own country,” stated Rankin.

About Murray

Murray Rankin is the Member of Parliament for Victoria. Shortly after being elected, Murray was named Official Opposition Critic for National Revenue by New Democrat Leader Thomas Mulcair. He also serves as Official Opposition Critic for Pensions, and sits on the House of Commons Standing Committee on Finance.

Murray is a nationally recognized expert in environmental and public law, who has been involved in many landmark legal cases in British Columbia and the Supreme Court of Canada.

For over 30 years, Murray has been associated with the University of Victoria, first as a full Professor of Law and subsequently as an Adjunct Professor. Before being becoming an elected official, he was also co-chair of the Environmental Law Centre, a University of Victoria student-run legal clinic, and he had a private law practice in Victoria.

Murray has dedicated his life to fighting for the environment. He was president of the West Coast Environmental Law Association and the BC Public Interest Advocacy Centre.

He has been a director of the Western Canada Wilderness Committee and he has also lead a team of legal experts fighting to stop the Enbridge pipeline.

With law degrees from the University of Toronto and Harvard, Murray was a managing partner in the Victoria law firm Arvay Finlay for over a decade. He was appointed Queen’s Counsel in 1999 and is fluent in French.

For years Murray coached minor league baseball at Beacon Hill Little League as well as soccer with Bays United.

A resident of Victoria for the past 35 years, Murray currently resides in Oak Bay with his spouse Linda and their two sons, Benjamin and Mark.

schubert1975 says
February 2, 2012 at 12:59 pm
In Ontario try Alterna Savings, a credit union that was formerly called “Civil Service Co-op” but now accepts depositors who aren’t present or retired federal employees. They have no US investments, and in answer to my email query I got a reply informing me their legal advice is they don’t have to comply with FATCA (and won’t) because they have no US holdings (I’m not sure any credit unions do, under their charter I’m not even sure they’re allowed to invest or hold outside Canada but I may be wrong).

http://maplesandbox.ca/2014/urgent-finance-canada-making-fatca-briefing-today/

URGENT: Finance Canada Doing FATCA Briefing Today!
Posted on February 5, 2014 by Blaze

Get ready everyone. Today may be the day.

I was just contacted via e-mail by Barrie McKenna of the Globe and Mail:

It looks like Canada has reached an agreement with the US on FATCA. Details at 2 p.m. Are you around to react later today? Please let me know, or perhaps suggest someone else. Thanks

I responded:

OMG! Yes, I am available to speak with you. Can I share the information from you with others and on the web?

What is your source that a deal has been reached?

His reply:

Finance Dept. is doing a media briefing shortly on “issues associated with FATCA,” embargoed to 2 p.m. I am making an assumption they have an IGA with US.

So, this is not for certain an IGA has been reached. But, we should know if that is reason for the briefing when the media is able to release the details at 2:00 p.m.

I’ll keep you updated as soon as I learn more.

Hello ,

Thanks for writing us about the U.S. Foreign Account Compliance Act (FATCA). First off, we want to thank you for your important work on the social determinants of health.

Regarding your question, we share many people’s concerns that FATCA’s sweeping provisions on financial disclosure will have significant consequences for dual Canadian-American citizens and Americans with landed immigrant status lawfully living here in Canada. New Democrats have consistently challenged the over-reaching aspects of FATCA and have urged the Conservative government to negotiate protective measures for those citizens who will be burdened by FATCA’s onerous regulations.

We are also troubled that the secrecy of these negotiations with the US is detrimental for citizens with legitimate concerns relating to privacy and financial pressures. They must rely on media reports for developing news and have no opportunity to have their views considered in a meaningful way.

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Dear

You can see Tom Mulcair took the question asked at the forum and your letter seriously, and acted with dispatch. Murray Rankin, as Hoang Mai’s successor, was of course already working on this issue, so, as Tom’s letter notes, it made sense to reiterate the NDP’s deep concern in Murray Rankin’s September 25 letter in his role as National Revenue Critic. You may not be aware but Murray Rankin is a renowned and experienced constitutional litigator, and in an excellent position to be taking onboard the questions of applicability of the Charter of Rights along with our Justice Critic. I will remain available to assist Murray in his analysis, but I am confident one could not have a more qualified Official Opposition Revenue Critic to be in charge of this file.

All best,

Craig

Dear

Thank you for your email following the recent Toronto event held with my colleague, MP Craig Scott. I appreciate your perspective on the meeting. I am glad to have this opportunity to address FACTA further.

I share your concerns that FATCA’s sweeping provisions on financial disclosure will have significant consequences for dual Canadian-American citizens and Americans with landed immigrant status lawfully living here in Canada. Please know that New Democrats have consistently challenged the over-reaching aspects of FATCA and have urged the Conservative government to negotiate protective measures for those citizens who would be affected by FATCA’s onerous regulations.

We are also troubled that the secrecy of these negotiations with the US is detrimental for citizens facing privacy and financial pressures. They must rely on media reports for developing news and have no opportunity to have their views considered in a meaningful way.

In discussing this matter with my NDP colleagues, we felt that it was important to reinforce how serious and unfair the consequences of FATCA could be for Canadians if unilaterally imposed. In taking the lead on this issue, Official Opposition critic for National Revenue, Murray Rankin, has written to Finance Minister Jim Flaherty calling on his government to reject any agreement that may violate the privacy rights of Canadians, erode Canadian sovereignty, or fail to offer Canada equal benefits to those provided to the United States. Please see the attached copy of Murray Rankin’s letter to Minister Flaherty.

Going forward, please be assured that New Democrats will remain vigilant on this issue. We will continue to pressure the Government to help address the above-mentioned concerns and ensure the rights of Canadians who hold dual citizenship with the United States are protected.

Again, thank you for writing. Please know that your steadfast support for our Party is greatly valued.

Best regards,

Tom

Thomas Mulcair, M.P. (Outremont)
Leader of the Official Opposition
New Democratic Party of Canada

Follow Tom on Facebook, Twitter, and Flickr
www.facebook.com/ThomasMulcair
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September 25, 2013
The Honourable James M. Flaherty, P.C., M.P.
Minister of Finance
Department of Finance Canada
140 O’Connor Street
Ottawa, Ontario K1A 0G5
Dear Minister,
As Official Opposition Critic for National Revenue, I am writing to express my serious concerns regarding negotiations with the United States over the implementation of the U.S. Foreign Account Tax Compliance Act (FATCA).
Currently, Canada is engaged in closed door negotiations with the U.S. over an Intergovernmental Agreement (IGA) for the implementation of FATCA in Canada. Such an agreement could oblige Canada to enact laws and regulations requiring Canadian financial institutions to comply with this U.S.-based legislation. New Democrats have serious concerns about the lack of transparency and consultation during these negotiations and the potential for such an agreement to infringe on the rights of Canadians and fail to offer reciprocal benefits to both parties.
Reports suggest that if implemented, an IGA may require Canadian banks, investment funds and other financial institutions to disclose annually to the U.S. Internal Revenue Service (IRS) information on accounts held by American citizens, including dual citizens in Canada. Failure to disclose account information could result in a withholding tax applied to U.S. income earned by the institution or by the account holder. We are concerned that these negotiations may allow the United States to bypass the established exchange of information between the IRS and the Canada Revenue Agency and instead get information directly from Canadian financial institutions. Concerns have been raised that such a system could potentially violate existing Canadian privacy laws. Furthermore, at this time it is unclear if reciprocal information would be granted in return.
New Democrats are concerned with the prospect of a foreign nation unilaterally imposing obligations on Canadian banks to disclose personal information. The Canadian Government has a responsibility to protect Canada’s tax base, and while we understand the United States’ desire to protect their own tax base, this should not come at the cost of the rights of individuals residing in our own country. Cracking down on tax cheats should occur through international cooperation rather than unilateral action.
Room 524, Confederation Building, Ottawa, Ontario K1A 0A6
Tel: 613-996-2358 Fax: 613-952-1458 Email: Murray.Rankin@parl.gc.ca
What’s more, the secrecy of the negotiations over this agreement has left Canadians in the dark as to the integrity of their personal banking information. The Canadian government should be standing up for the civil liberties of Canadians. Furthermore, the Conservative government must ensure that any agreement reached is fair for Canada.
In the interest of transparency, fair taxation and respect for privacy rights, we are asking the government to reject any agreement that violates the rights Canadians or that fails to offer Canada equal benefits to those provided to the United States.
In light of the important issues at stake, we urge the government to bring transparency to this process and inform Parliamentarians on the state of negotiations.
I appreciate your time and look forward to your response.
Sincerely,
Murray Rankin, Member of Parliament for Victoria
Official Opposition Critic for National Revenue
cc: Peggy Nash, Official Opposition Critic for Finance