Liberty and justice for all United States persons abroad

Canadian FATCA IGA lawsuit: February 1, 2015 legal bill will be paid on time! / Poursuite canadienne contre la FATCA et le gouvernement canadien : nos frais légaux du 1er février 2015 seront payés à temps !

UPDATE January 24, 2015: THIRD OF FIVE LEGAL BILLS PAID

[We now have a NEW POST taking us up to May 1, 2015. This post will be retired from service.]

On August 11, 2014, Constitutional Litigator Joseph Arvay filed a FATCA IGA lawsuit in Canada Federal Court on behalf of Plaintiffs Ginny and Gwen, the Alliance for the Defence of Canadian Sovereignty (en français), and all peoples worldwide. Read Alliance’s Claims and comment on our Alliance blog.

Chers amis et donateurs,

Ensemble, nous avons atteint notre but : ramasser les fonds nécessaires pour payer la troisième des cinq factures légales de notre poursuite judiciaire.

Ramasser 300 000 $ provenant de petits dons est un exploit tout à fait extraordinaire et nous invitons notre gouvernement canadien, ainsi que tous les autres gouvernements qui ont piétiné les droits de leurs citoyens, à en prendre bonne note.

Chaque jour, nous nous rapprochons de notre but. Déjà, nous avons ramassé plus de la moitié des fonds nécessaires pour payer les frais légaux de notre poursuite contre le gouvernement canadien et l’entente FATCA.

Si nous avons parcouru un si grand bout de chemin, c’est grâce à nos deux courageuses plaignantes, Ginny et Gwen, à nos donateurs provenant du Canada et de partout dans le monde, ainsi qu’aux administrateurs des sites Internet Isaac Brock Society et Maple Sandbox. Ils permettent tous à nos voix d’être entendues.

Merci !

L’équipe de l’ADSC

———————————————————————————————–

Dear Friends and Supporters,

Together we have reached our goal of paying off the third of five retainer fees for our Canadian FATCA IGA lawsuit.

Raising $300,000 from small donations is a pretty amazing achievement and we ask the Government of Canada, and those other governments who have also tossed away rights of their citizens, to take notice.

It’s still a marathon, but we are more than half way to pay off the Federal Court legal costs.

We have come so far because of our brave Plaintiffs, Ginny and Gwen, our Canadian and International donor-supporters, and the administrators of the Isaac Brock and Maple Sandbox websites who make it possible for our voices to be heard.

Thank you all,

—The ADCS-ADSC team

1,167 thoughts on “Canadian FATCA IGA lawsuit: February 1, 2015 legal bill will be paid on time! / Poursuite canadienne contre la FATCA et le gouvernement canadien : nos frais légaux du 1er février 2015 seront payés à temps !

  1. @Steven, thank you for reminding us of Roger’s important contribution to these efforts -which he had been making for decades. I miss his comments and his wise and informed observations – which I very much looked forward to seeing every time I visited IBS during the height of his regular participation here. His accumulated wisdom will live on, preserved here and elsewhere (as in that tweet and his submissions to the US government) – and give us assistance even when he himself is gone from us. I wish he had been able to live to see the successful legal challenge brought (and to be WON!!!) by the ADCS plaintiffs and team.

  2. As the Brits would say, I’m gobsmacked that Roy Berg wants to “fix” FATCA to further entrench it — even though FATCA goes against several rights in the U.S. Bill of Rights, and even though FATCA amounts to financial terrorism including invasive prying and penalties, which in turn alienates Americans and people who love freedom, and compels financial institutions abroad to implement international currency exchanges without the U.S. dollar.

    Roy Berg may be thinking this will help his business to boom, but sooner or later, he’s headed for a bust.

  3. Mr Berg is the fox in the hen house… he is an american living in Canada, he gains nothing but money… he is here to make money off the mis-fortunes of fellow canadians… we need to show him & any other vulture coming up here….no matter how hard they try… we are not slaves of the US… if we don’t win because of the lack of money…. then the US wins over all of us in the world… help stand up to the US by donating what u can to this very worth while cause… time to take a stand against the US since no one will help us stand up for us…

  4. Persons who connive or contrive to benefit when larger powers mash down people thus enabling the connivers to pick the flesh from the carcasses are called “John Crows” in Jamaica.

    “John Crows” are a type of vulture that feeds on the carcasses of dead creatures. The application of the label to certain people seems most appropriate in my view.

  5. It is important to monitor, if the Obama’s IRS applies the 30% withholding to foreign bank with transaction in USA who have not signed up.

  6. I wonder if we have or can make a “broken families” thread. My options are very few and divorcing my wife to protect my personal information from the Americans is looking like my only option. There must be others who are born in Canada Canadians(first class) who are married to a second class Canadians and need to speak of their issues they have now learned about. I will write the PM and ask him if a divorce is my only option….

  7. @ NativeCanadian
    You are not alone in considering the divorce option. My formerly American husband and I discussed this a few years ago when he believed he was putting me at risk. He gallantly offered me a paper divorce (we would remain together in actuality). Since that time he has obtained a CLN which I hope upgrades him to Canadian first class. I tried to sever my GC connection but failed to get a stamped I-407 so now I am the one who is putting him at risk. I feel I need to be equally as gallant as he was and, if need be, offer him a paper divorce. Being born in Canada to Canadian parents and being raised, educated, employed and retired here does not guarantee first class status anymore. I am a subset of second class — truthfully I feel more like an alien in my home country, my Canadian identity has been sullied. Even though you are unlikely to get a response from the PM (everything I sent him was ignored) I hope somebody has an answer to the divorce option question.

    On a much brighter note …
    @ ADCS team
    As long as the donations pick up in the post-Christmas drive to that February 1st deadline I should be able to take care of one day’s worth of donations before the end of January.

  8. The issue of divorce is an important one because it has forced so many couples to at least consider that option. In many cases it actually CAUSES divorce depending on the attitude of the spouses involved.
    So much damage caused and continues to be caused because of Canadian governmental lack of backbone. Not just marriages, spouses, children, grandchildren but splits in corporate and small business partnerships.
    One cannot completely comprehend the harm this has done to the societal fabric in Canada and around the world. Insidious evil octupusing it’s black and inky way into every fabric of life and society is a monster that must be slayed as knights did to dragons in days of old.
    The lawsuit IS the sword and our plaintiffs and the lawyers are our Knights in Shining Armour!

  9. There will be increased costs to healthcare as well. “US Persons” and their families will be going to their doctors for treatment of stress and depression. The Bank sending a letter or a phone call to a suspected “US Person” will certainly be a shock for those unaware of the US claim on them. Countries around the world have opened the door to the enemy.

  10. Cross-posting from MapleSandbox.ca:

    From Lynne Swanson (Blaze) at MapleSandbox.ca: FATCA in Canada 2014: Year in Review

    Go to the link above and look at all Lynne has enumerated (including her links therein) — the amazing things of 2014!!!

    If you, like me, want successful Canadian litigation against the legislation that enables US FATCA law to override Canadian laws and are as thankful for Lynne’s list of events and accomplishments for the year we leave behind, please give as generously as you can in support of ALL Canadians who are also US (and Canadian)-defined *US Citizens Abroad*. Whatever it take in the New Year, 2015, let’s do it: http://www.adcs-adsc.ca/.

    FATCA in Canada 2014: Year in Review
    Posted on December 30, 2014 by Lynne Swanson

    2014 was the year Canadians born in the United States became second class Canadian citizens. It was the year our own government betrayed our loyalty and violated our rights. It was the year discrimination based on a U.S. place of birth became mandatory.

    It was the year we united to fight back. Here is the Year in Review.

    JANUARY

    IRS Taxpayer Advocate cites Maple Sandbox and Murray Rankin in her report to U.S. Congress.

    NDP issues a news release Canadians Deserve Answers on FATCA. Murray Rankin says “Canada cannot accept an agreement that violates Canadians’ rights.’

    From George in the UK, we learn of Paramount Allegiance-Predominant Claim and no requirement for a CLN on relinquishing.

    John Richardson holds the first of his many information sessions on Solving the Problem of U.S. Citizenship.

    FEBRUARY

    On February 5, Canada Caves to FATCA.

    The Intergovernmental Agreement (IGA) is announced in a news release from Finance Minister Jim Flaherty and Revenue Minister Kerry-Lynne Finley.

    Canadian Bankers Association issues a news release supporting the IGA.

    Proposed legislation overriding all Canadian laws for FATCA violating Canadians’ rights is announced.

    Canada Revenue Agency issues information on FATCA, including that financial institutions are not required to ask for place of birth.

    Constitutional lawyer Joseph Arvay advises it is time for us to begin building our war chest. He suggests we first obtain a legal opinion.

    John Richardson travels in winter weather to provide more information sessions. Here is a synopsis of one session in London Ontario.

    Finance Canada (nearly invisibly) again asks for submissions from Canadians who will be impacted by FATCA.

    The month closes out on February 28 with launching a fund raising drive at Maple Sandbox and Isaac Brock Society urging Canadians to stand up to the American bully by donating to the Charter Challenge Fund for a legal opinion.

    MARCH

    Six days after the fund raising campaign was launched, we achieve our goal and cease receiving donations.

    Stephen Kish and Lynne Swanson retain Joseph Arvay for a legal opinion.

    Allison Christians and Arthur Cockfield, John Richardson and Stephen Kish and B.C, Freedom of Information and Privacy Association make professional submissions to Finance Canada opposing FATCA and make then public,

    Lynne Swanson submits an Access to Information request for copies of all of the submissions.

    Jim Flaherty resigns as Finance Minister.

    Joe Oliver becomes Finance Minister a day later.

    John Richardson continues to travel.

    March comes to a close with the Conservatives hiding the enabling legislation for the FATCA IGA in the budget bill C31.

    APRIL

    NDP, Liberal and Green Party MPs speak out against the FATCA IGA in the House of Commons.

    Lynne Swanson and Schubert submit an amendment suggested by Anne Frank at Isaac Brock Society to opposition members of the Finance Committee that would exclude Canadian citizens and residents from FATCA reporting.

    Jim Flaherty dies.

    The legal opinion is received from Joseph Arvay on a Saturday afternoon.

    On Sunday morning, Stephen Kish and Lynne Swanson announce they intend to commence litigation against the Government of Canada after the FATCA IGA legislation is enacted.

    John Richardson is still on the move.

    April closes out with the announcement of the establishment of Alliance for the Defence of Canadian Sovereignty. (ADCS)

    MAY

    Debate on citizenship based taxation is held at University of Toronto.

    Finance Minister Joe Oliver and Conservative MP Gerald Keddy claim FATCA does not impact Canadian citizens.

    Conservative Mike Allen says “Congress has spoken.”

    Lynne Swanson asks if Finance Committee members or other MPs will receive copies of submissions made by Canadians. The answer is no.

    Lynne Swanson asks Finance Canada for her March Access to Information requests to be provided to her before her testimony to Finance Committee. The request is denied.

    Republicans Overseas announce they will launch a legal challenge to FATCA in the United States.

    NDP and Liberal members of Finance Committee question the FATCA IGA, including whether it meets the Charter of Rights and Freedoms.

    NDP launches a Protect Canadians from FATCA petition.

    Roy Berg testifies at Finance Committee and warns Committee members they will hear “jingoistic, hyperbolic rhetoric admonishing Finance for ceding Canadian power, ceding sovereignty and also encouraging Canada to stand up to FATCA.”

    Allison Christians, Arthur Cockfield, John Richardson and Lynne Swanson testify in opposition to FATCA IGA enabling legislation. They do not disappoint Roy Berg.

    Also testifying are the Privacy Commissioner and representatives of Canadian Bankers Association, Investment Funds Institute of Canada and others,

    Canadians submit briefs to Finance Committee.

    John Richardson journeys on.

    May closes out with Finance Committee Conservative members voting against all amendments put forth by the NDP, Liberals and Green Party to uphold Canadian rights.

    Here are clips of the Finance Committee events.

    JUNE

    Stephen Kish, John Richardson, Lynne Swanson and the Board of ADCS research and explore choices for legal counsel for our lawsuit.

    ADCS launches a fundraising drive for the litigation.

    Stephen Kish makes an appeal for money and for people to be plaintiffs in the lawsuit.

    FATCA Warrior Don Whitley (Arrow) dies.

    Many NDP, Liberal and Green MPs stand up and fight for us in the House of Commons.

    Conservative MPs joke and laugh at the plight of Calgary411`s son and the rest of us in the House of Commons shortly before they vote for the FATCA enabling act.

    BETRAYED! Cons pass FATCA law as part of C31. “Congress has spoken“ for Canada’s Parliament.

    Three months after her ATI request, Lynne Swanson receives copies of submissions from Canadians to Finance Canada. These range from passionate one sentence submissions to comprehensive technical ones.

    John Richardson is still on the go.

    FATCA Act receives Royal Assent.

    JULY

    FATCA becomes effective on Canada Day.

    The Maple Brock Sovereignty Alliance issues a Declaration of Independence on the Fourth of July.

    ADCS and some Brockers and Sandboxers reach out to potential large donors and prominent Canadians affected by FATCA. The requests for help are ignored or declined.

    It becomes apparent it will be Little People funding our legal challenge.

    John Richardson is still on the road.

    A Human Rights complaint is submitted to the United Nations. The complaint has 41 signers, representing the countries of Canada, Germany, Japan, Australia, New Zealand, Denmark, Estonia, Switzerland and Belgium.

    By the end of July, the first goal of $100,000 is met by donations from Canadians and friends around the world.

    AUGUST

    ADCS retains Joseph Arvay.

    Joseph Arvay and David Gruber file the first lawsuit in the world challenging FATCA in Canadian Federal Court with plaintiffs Ginny Hillis and Gwen Deegan.

    U.S. Department of State announces fee to renounce citizenship increasing from $450 to $2350.

    Stephen Kish makes an appeal for witnesses.

    John Richardson treks on.

    SEPTEMBER

    Stephen Kish continues to appeal for funds and witnesses.

    Where in the world is John Richardson now?

    OCTOBER

    Joseph Arvay and David Gruber file an amended—and strengthened–Statement of Claim in Federal Court.

    With donations from Canadians and friends around the world, ADCS reaches the goal of $100,000 ahead of the November 1 deadline. Stephen Kish quickly begins the fund raising drive for the next $100,000 due on February 1, 2015.

    Despite CRA information that banks are not required to ask for place of birth, there are reports that some banks are asking about U.S. place of birth.

    TD website identifies only a Certificate of Loss of Nationality as documentation that one is not a “U.S. person.”

    John Richardson show is still on tour.

    NOVEMBER

    Muzzled No More receives confirmation that the United Nations received our complaint from July, but there is no indication that the Complaint has been read or considered for acceptance into the complaints process

    Government of Canada files their Statement of Defence to our lawsuit.

    Joseph Arvay and David Gruber reply to the Government Statement of Defence with three sentences.

    Liberal MP Ted Hsu asks questions in an Order Paper about the IGA.

    John Richardson is rolling on.

    DECEMBER

    Isaac Brock Society marks its third birthday.

    TD declares itself as America’s Most Convenient Bank complete with image of two American flags proudly flying over a TD branch.

    ADCS fund passes the halfway marks for both the $100,000 goal for February 1 and the $500,000 overall goal with over $50,000 raised for February and over $250,000 for the overall goal with donations from united Little People in Canada and around the world.

    Republicans Overseas is still fundraising and has not yet launched any legal action in the U.S.

    Despite numerous requests, American Citizens Abroad Global Foundation has not provided the video of the May CBT debate nearly seven months after the event.

    Toronto Consulate is booking renunciation appointments for October, 2015.

    Joe Oliver responds to letters sent to Jim Flaherty over a year earlier with Rah Rah Rahs for the IGA but no answers to the multitude of issues and questions sent.

    John Richardson must be exhausted, but he journeys on.

    Wondering outlines why the Canadian lawsuit is the one to support, including:. This is the only actual statement of claim against a FATCA IGA in the world. It has been duly filed in a Canadian Federal Court by expert counsel. It will advance.

    Lynne Swanson dreams of a strong Canada just like the one we used to know.

    WHAT’S NEXT?

    2015 will be the fifth calendar year (2011, 2012, 2013, 2014 and 2015) many of us have lived this nightmare. It will also be the year we should get our day in court. We can only do it with your help.

    You are making a difference. Please continue to support the only lawsuit in the world challenging FATCA. Give us back the Canada we used to know.

    Plaintiff Ginny says:

    No doubt in my mind but 2015 will be a very interesting year.

    Help Ginny and Gwen who are risking everything for us. Donate to ADCS now.

    Happy New Year.

    Bring on the New Year

     

    WE’LL BE READY FOR ALL IT HOLDS, INCLUDING JUSTICE FOR ALL !

  11. Murray MacLauchlan’s “Let the Good Guys Win” has been my favourite New Year’s song (one of my favourite songs, period) since it came out in the 80s … and it comes to my mind in the context of our court challenge as well.

    Ring the old year out,
    Ring the new year in,
    Bring us all good luck,
    Let the good guys win!

    Better yet, this year MAKE the good guys win! – Contribute to ADCS-ADSC!
    Happy new year and freedom to all!

  12. @ pacific777
    I’ve never heard that song before. I really like it and wouldn’t change a word of it. This part particularly …

    When you see something wrong try and make it right.
    Put a shadow world into the bright sunlight.

    Thanks for always being here — watching, guiding, fixing and advocating.

  13. Happy new year everyone!! This is the year of change. This is the year we will ramp up the actions towards the public. A good way is to start a “public awareness” campaign to show Canadians the truth about fatca and expose the government cover-up of the facts that would make ALL Canadians fall of their chair. I am seriously contemplating going out in the public if this is what it takes. The options need to be on the table and Canadians need to know.

  14. @ Native Canadian and all,
    I concur: This is the year we will ramp up the actions towards the public. Perhaps there could be a new IBS page on which we all can list our IBS/FATCA/ADCS new year’s resolutions as to what we WILL make an effort to accomplish. As part of that, maybe there could also be a review what has and has not been successful so that we (1) don’t keep spending our time/energy attempting approaches that end up just being a waste of time and (2) see what has worked and encourage more of that.

    Along with helping to organize a John Richardson evening presentation (Hamilton, Ontario – March 26), one tack that I am starting to take is to connect with other US Expats around the world to let them know about IBS and, more importantly, ADCS and the only-currently-active-litigation-against-FATCA. This is being accomplished through joining EpatBlog (http://www.expat-blog.com) and starting conversations on forums as well as some messaging to specific active Expats there who have indicated their US origin. Is this “gentle spam”? Maybe, but we’ll see what expanded support can be garnered…..

    As well, I continue to hand out my FATCA flyer to lots of people as I go through day to day life. For example, when my plane-boarding was delayed an hour just before Xmas, I handed these out to lots of folks at the airport; I quietly, respectfully walked around with a file folder boldly labeled “Are you a US Person or do you know anyone who is?” and anyone who looked up and seemed interested, I handed them a flier. Had a few good conversations… 🙂

    Lastly, I want to add my sincere condolences to you, NativeCanadian, for the recent loss of your mother; may her memory be a blessing to all who knew her.

  15. Happy new year to all of you from France

    Maybe you should try and contact some journalists to get interviewed about FATCA on the radio and of course TV (but that will probably be difficult)

    Try starting off with a local radion, newspaper or television programme.

    I may give it a try here in France with economic news programs.

    Main problem is the time to get the articles and documentation together to make a strong case and translate them into french.

    I found the IGA agreement signed with France on 14 november 2013.

    Interesting to notice the added annexe 2 that points out all the accounts that are not concerned by FATCA at paragraphe 3 page 6 (scroll down to last page).

    http://www.economie.gouv.fr/files/usa_accord_fatca_14nov13.pdf

    I have what they call a “Plan de retraite Madelin” (Madelin retirement investment) that IS NOT subject to FATCA.

    Is that the case in your IGA agreement in Canada ?

    If not, you may be able to use the french IGA agreement against your gouvernment

    Maybe it would be interesting to compare several IGA agreements

    Just a thought

  16. Stephen the Canadian IGA is identical. Somehow treasury was able to twist arms in 100 different countries and impose the same agreements right down to the most minute detail- always in US $ -rather than the local currency.
    Also of interest, reporting must always be in English which of course would be inappropriate in most countries but especially France.
    Retirement accounts are exempted in each agreement including Canada’s

  17. @ Steven RE “Maybe it would be interesting to compare several IGA agreements”
    This is a REALLY interesting idea. It would require a lot of reading and comparison, probably lots of collaboration, but does anyone know if this sort of review and comparison has been done by anyone else, even in a cursory manner, at this point?

    Oh, if only we knew some Ecomonics or History or Political Science PhD graduate student who was, right now, looking for an interesting current-events thesis project…….

  18. Is the information that all IGAs are the same from the IRS IGA negotiators or has anyone outside the US actually examined these IGAs? Certainly various countries have various types of financial accounts (with varying rules) that are, for example, different from the RRSPs in Canada. Just checking…..

  19. Yes I agree that there probably is a different annexe for each country specifying specific investissement plans that are not targeted by FATCA

  20. Pingback: It’s time to “Seize the day” – Don’t let FATCA obscure the need to abolish U.S. extra-territorial taxation | Alliance for the Defence of Canadian Sovereignty

  21. Pingback: The Isaac Brock Society | It’s time to “Seize the day” – Don’t let FATCA Obscure the Need to Abolish U.S. Extra-Territorial Taxation

  22. @Steven and others, I just want to remind you that the fact that retirement accounts are exempt from FATCA reporting under IGAs does not mean that such accounts are necessarily exempt from taxation by the U.S. The real enemy for U.S. persons abroad is CBT. FATCA is just a new tool that the U.S. is trying to use to find U.S. persons who have not been filing the required tax paperwork and have not been paying the taxes that the U.S. claims they owe it.

    Myself, being now a CLN-certified U.S. non-person, I have nothing to gain financially from having the IGA, FATCA, and U.S. CBT abolished. Nevertheless, I have just made another contribution to the ADCS lawsuit because the Canadian FATCA/IGA has indeed surrendered Canadian sovereignty over financial and tax reporting to the U.S., and I strongly object to that. If the lawsuit should help to make FATCA enforcement impractical and thereby undercut U.S. CBT, that would just be a good side bonus for me.

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