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
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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
@Stephen Kish, “Any government delay (which we are fighting) will not add to our legal costs because we negotiated a flat rate with Mr. Arvay.” I’m not surprised to hear this because Mr. Arvay strikes me as a man of integrity, who is not interested in squeezing out more $ from our pockets. Our opposition has no reason to care what tab they run up with their attorneys. None of it comes from their own personal funds.
@ other “Steven” I agree 100%; the banks should have been allowed to fail and new ones with responsible laws and practices allowed to flourish. Now those banks will be allowed to wipe out everyone, and Warren Buffet will finally be justified for calling the banks’ derivatives “weapons of mass destruction.”
RE NEED FOR U.S. PASSPORT (like London mayor Boris Johnson). Remember the timeline, here. The U.S. Congress passed the Intelligence Reform and Terrorism Prevention Act of 2004 that mandated U.S. passports for entry for anyone born in the U.S. (It came into effect Jan. 2007). When the mayor renewed the passport to be compliant with this law, how was he expected to foresee the law that would be passed in 2010 involving FATCA? At the time, he was just making sure he could enter the U.S. to visit family. At the time, he had no idea that this renewal would entrap him as U.S. citizen for tax purposes and oblige him to report to the IRS and FinCEN !!! He’s not alone; the ramifications of FATCA have been a shock to millions of people around the world born in the U.S.A.!
@Mettleman,
Tomorrow your good words go into my post.
@refugeefromamerica
It is not (and has not) been an issue to renounce for tax purposes since 2004. It is really important that the condor industry and the media learn this. They continue to perpetuate this wrong information and people get so confused.It is especially important for people who owe no or little tax to understand this.
Apparently Boris Johnson renewed his passport in November of 2012. Boris can only be accused of making the mistake of assuming that the US is a sane country.
I thought our Bitcoin guy was denied a visa. USC’s don’t need visas to enter the US, so I don’t see how he could be denied entry for not having a US passport and at the same time accuse him of planning to stay illegally. And I’m pretty sure that the legal advice he got was that his criminal record would not be a barrier to entry. I think they just don’t like him and would have denied him entry even from a visa waiver country.
@ bubblebustin, Boris Johnson renewed it in Nov. 2012? I didn’t realize that, but thanks for enlightening me. I wonder why he renewed it at that time. Also, I wonder how long he’ll hang on to his passport now after all the flack he’s gotten.
I explored the Internet some and found this post entered a week before Christmas by a Canadian residing in the U.S. entitled “Why I Don’t Want to Become an American Citizen” thanks to the I.R.S.:
http://www.huffingtonpost.ca/shannon-m-nelson/american-citizen-taxes_b_6348984.html
I mentioned a few days ago that Canada Government will delay providing to Mr. Arvay documents requested as part of discovery for the lawsuit, because it “needs” to review 33,000-plus documents. Once it does this, then Government will advise us on dates etc.
See this morning’s Toronto Star article involving similar issue in which one of Canada’s opposition parties (NDP) requested information from Government, which complained of the “enormity of the request” involving 16 million records etc. Mr. Arvay will take all possible steps to prevent Government from stonewalling on our request.
http://www.thestar.com/news/canada/2015/01/09/chris_alexander_helped_bureaucrats_avoid_giving_full_details_on_visa_wait_times.html
—I know it’s a Saturday. No mail delivery today but PayPal and bank transfers do work. Two donations so far this morning and only three weeks to go….
To see dramatic movement on that thermometer even on a Saturday (GwEvil is standing by) you can Paypal today at: http://www.adcs-adsc.ca
I think it is pretty clear we were ALL stonewalled with our BS garbage response from Joe Oliver’s office. Thanks Mr. Arvay trying to keep things on time.
Something is today on its way to help raise the mark on the ADCS thermometer – to help towards turning up the heat on the stalling by the Harper government and its minions – who are cravenly and duplicitously acting as proxies for the US Treasury, and using OUR OWN CANADIAN TAXPAYER FUNDS to subvert Canadian sovereignty, the Charter, and Canadian laws.
Thank you again GInny and Gwen – our brave plaintiffs, and also, grateful thanks to those tirelessly contributing hours and hours of time and effort towards making this legal challenge a successful reality.
Funny and so very interesting that so VERY LITTLE information was provided to MPs and others (ex. Lynne/Blaze) asking legitimate questions of the government about the FATCA IGA (in one instance, even the titles of the documents were mostly redacted http://maplesandbox.ca/2014/finance-canada-244-pages-access-to-information/comment-page-1/ ) in answer to an FOI request, and to questions in Parliament put forward by MPs Mai, Hsu, May and Brison about FATCA (see links here http://isaacbrocksociety.files.wordpress.com/2012/03/ba481782.pdf http://taxpol.blogspot.ca/2014/01/canadian-government-responds-to-fatca.html and http://isaacbrocksociety.ca/2014/03/05/elizabeth-may-challenges-iga-constitutionality-during-question-period/comment-page-3/#comment-1189000 ) and yet, in answer to the ADCS legal challenge to the FATCA IGA there are suddenly “too many documents” for the Harper government to review in order for them to meet the required deadline?
As per the Government *reply on January 5, 2015 to Arvay:
*“… Our client is in the process of gathering potentially relevant documents for this case. To date we have received approximately 33,000 electronic documents from them, but there are more to come.
“Given the volume of documents, obviously it is not going to be possible for us to produce an affidavit of documents in the time provided for in the Federal Court Rules.”
*cited at http://isaacbrocksociety.ca/2014/10/22/97975-more-needed-to-make-the-february-1-2015-payment-for-canadian-fatca-iga-lawsuit-il-nous-reste-97-975-a-ramasser-pour-notre-poursuite-judiciaire/comment-page-33/#comment-5155923
So where were all those > 33,000. documents the federal government is reviewing when we and MPs were seeking answers about the FATCA IGA negotiations and the FATCA IGA not very long ago?
“So where were all those > 33,000. documents the federal government is reviewing when we and MPs were seeking answers about the FATCA IGA negotiations and the FATCA IGA not very long ago?
Very good question Badger. Maybe all they’ve got is half of the US Tax Code. And after they search through those pages, they’ll ask for more time to search through the rest. After all, they won’t find justification for the implementation of the FATCA IGA in Canadian documents so the “logical” conclusion is to look to the USA.
This lawsuit will clearly expose how crooked the Conservative government really is. I will make it a point to attend every possible Conservative public appearance who will run in the next federal election and ask for answers. The big question is about the whole Canadian government system completely. How is it legal for a government to hide such issues and ram something that can destroy Canadians through so easily without transparency? This is a clear, textbook case of Treason. This case will become known as the “true test” of the Charter of human rights and will show how Canada will treat future immigrants. The heat is being turned up and they will have no place to hide. Next donation is on it’s way!
Another example why FATCA / GATCA is dangerous to humans … gathering too much information about people in files – whether Banking or Government or otherwise – can severely jeopardize the safety and security of otherwise innocent people. Data is NEVER safe in any computer system in today’s digital world – and people need to have the option available to vote with their feet …. with their own assets. See a current example reported on below:
From http://www.dailymail.co.uk/news/article-2903600/Every-single-French-Jew-know-left-Paris-Editor-Britain-s-Jewish-Chronicle-claims-people-fleeing-terror-hit-French-capital.html#ixzz3OVXJJF00
“‘Every single French Jew I know has left Paris’: Editor of Britain’s Jewish Chronicle claims people are fleeing terror-hit French capital
Stephen Pollard says terror attack on Kosher store in Paris is no ‘fluke’
‘Every single French Jew I know has either left or is actively working out how to leave’, he said
Experts believe that more than 100,000 French Jews have left since 2013
France’s Chief Rabbi has said after a number of attacks on Jews in the past year: ‘Jews murdered were targeted specifically because they were Jewish’
Policing stepped up across British Jewish areas, community body says
Mayor’s office has announced closure of shops in famous Jewish area
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Yes, the Conservatives are put to task now that they have to pour over 33,000 documents. Had they done a proper job in the first place we wouldn’t be in this mess. MP’s are required to do a little bit more than ribbon cutting, golf fundraisers and afternoon tea parties in their elected positions. The word read comes to mind.They will certainly be reading now!
@nervousinvestor
I find it a rather ironic that the Father of FATCA, Carl Levin, is himself a Jew. He obviously learned nothing from what happened to his brethren in Nazi Germany.
@FromTheWilderness I couldn’t agree more. I just cannot credit the thinking (of Levin and his gang) behind this sort of action. The only override trumping logic in these things is, in my opinion, arrogance.
In relation to my Access to Information request, I was initially told the cost for me to receive documents would be $1100 because of the volume of documents related to my request.
As a result, I narrowed my request, so that may account for some of the discrepancy between what was provided to me and what Is now claimed.
But 33,000? Really?
@Blaze, and all,
if these > 33,000. documents are so relevant that the government has to collect and review them in order to answer the legal challenge, then WHERE WAS THEIR DUE DILIGENCE BEFORE signing the FATCA IGA, and BEFORE crafting the enabling legislation, and BEFORE pushing it through hidden inside an Omnibus Bill (C-31), and BEFORE rejecting the amendments put forward by several opposition MPs to make the legislation apply to only NON-residents of Canada, rather than the dragnet/bottomtrawler approach the US demands. They were urged by Allison Christians, in her appearance before the Finance Committee, and in the papers submitted by her, not to rush into this, but to study it thoroughly and consider at leisure rather than repent in haste down the road. They were urged not to enter into the FATCA IGA in the numerous submissions by Canadian individuals http://maplesandbox.ca/2014/here-is-what-canadians-said-on-fatca-iga-the-cons-didnt-listen/ , yourself http://maplesandbox.ca/2014/lynnes-opening-statement-to-the-finance-committee/ and by Profs Allison Christians and Arthur Cockfield http://dx.doi.org/10.2139/ssrn.2407264 , as well as by the submission by John Richardson and Stephen Kish http://citizenshipsolutions.ca/wp-content/uploads/2014/03/RichardsonKishCanadaFinanceSubmissioninFeb102014.pdf .
So, what exactly did they consider BEFORE signing the IGA, and BEFORE abusing their majority to force the FATCA enabling legislation on Canadian citizens and residents – ALL of whom are CANADIAN TAXPAYERS?
I’d like to see what the US Treasury, State Department, US Ambassador, and the CBA and IIAC (and any of the financial sector lobbyists) communicated to the Harper feds – not just anything they said or submitted to the Finance Committee, but ALL correspondence and communications. That would be really interesting.
@Badger,
That is exactly the point of Mr. Arvay’s request to the Government. He wants access to all documents that formed the due diligence that the Government of Canada (presumably) employed in reaching the decision to “craft” (and bury) legislation that would take away our rights.
Mr. Arvay wants to “…learn more about the government’s motivation for entering into the [IGA legislation] and the steps they took (if any) before doing so.”
How much due diligence (do you think) was actually conducted? Who was contacted? What did they advise?
— Disappointing that no Sunday donations yet: $69 and we break through the $33k barrier….
http://www.adcs-adsc.ca
@all,
Consider that it is well worth the price in order to obtain what Stephen describes above ;” …..access to all documents that formed the due diligence that the Government of Canada (presumably) employed in reaching the decision to “craft” (and bury) legislation that would take away our rights….”
and to;
“…learn more about the government’s motivation for entering into the [IGA legislation] and the steps they took (if any) before doing so.”
To me, that is priceless.
@all,
Donate to the ADCS legal challenge http://www.adcs-adsc.ca and help force our government to draw back the curtains to bare what has been done, said and agreed at their hands, all of which was deliberately hidden from the view of citizens and taxpayers, as well as from the rest of Parliament. If it was not deliberately hidden, then they could and should have offered it to up for comment by Canadians earlier, held substantial discussion in Parliament, and not hidden it in an omnibus bill and ignored all the submissions against it. Ask yourself; why was it necessary for several MPs from different parties, ourselves, and Canadian citizens such as Lynne/Blaze to work so hard to force the government to provide even the slightest bits of information before the signing of the IGA, before the passage of the legislation that enabled it, and afterwards – as it forces foreign extraterritorial law and the associated costs forever and ever on law-abiding Canadian citizens, residents, taxpayers, voters and accountholders. Our children and their children will also pay those costs.
We can and will block the Harper government from forcing a foreign US law onto the hard earned savings and backs of Canadians – while withholding information that is OUR RIGHT to obtain as citizens and residents of Canada – making us pay out of our own family accounts, while they abuse our Canadian tax revenues to stonewall us and subvert the democratic process.
If they truly have nothing to hide, and acted in good faith, then they could and should have been forthright and transparent. If they have nothing to hide, then where is their good faith effort to answer when we hold them accountable?
Please donate as much as u can…. this has been the only lawsuit filed… I have heard talk about a lawsuit in the US but I have seen nothing… seems to me that all that said, they would file a lawsuit, are stepping away from the subject and saying… will bring it up in the future… the future will be too late for all of us. Once we are in the US’s clutches… we will all be fighting for our hard earned money & our futures… in alot of countries we can no longer save or invest… we are the unwanted *US Persons* & we are being treated like we don’t matter… we need to show the US… we matter & screw u… we won’t put up with this… no one gives a damn about us… we have to give a damn for ourselves… we can & will stop this crap before they decide to impose other stupid laws that will harm us. We can & will stand up for ourselves… if u expect something to be done as u sit to the side… yes there will be something done… u will have no privacy or rights… anywhere u go… all our info will be in a database & our freedom will be restricted because we are 2nd class citizens world wide… Once that id theft occurs… which it will… no one will help u… u are on your own…
@Badger – Another donation was mailed yesterday.
If only Arvey could get the courts to apply costs for stalling on getting all these documents….
Are people still putting up Kijiji ads in their locale? Are there friends or neighbors or local churches or other (local or national) Canadian organizations you think could be contacted with a request such as “if you love your country……”? Can anyone spare $68 to get us down below $33,000?
I have never done fundraising (or begging) before, and this is so uncomfortable, but SO IMPORTANT!!!
@ badger
Q: “So, what exactly did they consider BEFORE signing the IGA….?”
A: “Congress has spoken.”
@US_Foreign_Person says, you really said it. If people sit on their hands and don’t fund this ADCS challenge – which is the only concrete legal actions taking place to stop the arrogant US overreach into Canada and around the globe, and they let it fail for lack of funding, then this is what the result will be:
As you said;
“…..if u expect something to be done as u sit to the side… yes there will be something done… u will have no privacy or rights… anywhere u go… all our info will be in a database & our freedom will be restricted because we are 2nd class citizens world wide… Once that id theft occurs… which it will… no one will help u… u are on your own…”
And that goes for ALL of us, not only those defined by the US as ‘taxable persons’ around the world. There is no recourse for the non-US family, business partners, joint acct holders, employers, etc. of those whose data will be seized. No recourse for data seized and reported in error, no recourse for identity theft, no recourse and no notice when shared with countless nameless US entities under Homeland Security and the Patriot Act and stored in US data silos forever. And, to add insult to injury, we are paying through our local Canadian taxes for the pleasure of being betrayed and having our and our fellow citizens’ personal and financial data put at risk. And we’ll pay for FATCA forever and ever if something isn’t done NOW!
@LM, you have braved social convention to spread the word and spur on donations. I admire your forthrightness and determination.
@Shovel, yes, they really have no reason to stall, since it is all summed up as you say; “Congress has spoken” (and the CBA and IIAC and their kin concurred). Maybe they have to stall because they are trying to obscure that base motivation by burying it as deep as they can under a pile of paper and electronic documents.
@ Shovel
Indeed “Congress has spoken” is their mantra and I still think they think that a pile of US legal documents and tax codes justifies the adoption of a US law in Canada. I think Mr. Arvay will set them straight on that.
@LM
Okay, you got me again, but there was no $68 dollar button on pay pal.
I only wish that I would have made a more substantial donation before I became a poor person a month or two ago. I regret now being in such a hurry, haste makes waste.