Liberty and justice for all United States persons abroad

OpenMedia: “Canada’s Privacy Plan” and its relationship with other Canadian Parliamentary Bills, including (for us) Omnibus Bill C-31 (2014)


@ calgary411
While I was looking for the status of Bill C-51 (Committee Report Presented without Amendment in the Senate on 2015-05-27 — 2 more steps to go and it’s law) I found a group called Open Media which believes it has an antidote. Interesting. Since C-31 and C-51 are two peas in the anti-privacy pod I think their effort will indirectly benefit our FATCA fight too.
https://privacyplan.ca/


@Embee – Thanks for bringing https://privacyplan.ca/ to our attention. I think as many of us as possible should write to this organization (and each of the organizations which have indicated that they support these views) and explain that we fully agree with their efforts (if that is how we feel) but that we will not be able to financially donate there until our issue is fully funded.
At that juncture, each writer could thoroughly introduce the FATCA and IGA issues. Maybe, just maybe, we will strike a nerve and they will consider spreading the word to their members and, possibly, gain some supporters, especially given the timeliness of our court challenge. Who knows….. Spread the word, spread the word and spread the word some more…..

 

From: Conclusion – Listen to Canadians in OpenMedia: “Canada’s Privacy Plan – A Crowdsourced Agenda for Tackling Canada’s Privacy Deficit”:

Behind the backs of their citizens, governments have been building surveillance tools unparalleled in their invasiveness, scope, and power. Our oversight mechanisms, designed for a different era, need to make sense in the 21st century. It’s remarkable that much of what we now know, we owe not to our official oversight bodies, but instead to a single NSA whistleblower, Edward Snowden.

This project came in response to these revelations, and to the perfect storm of legislation being advanced by a government seemingly determined to sacrifice Canadians’ most basic human and democratic rights on the altar of an increasingly powerful and unaccountable security bureaucracy.

As an organization, participatory values are at the heart of everything OpenMedia does. We don’t just want citizens to have a seat at the table, we work to place citizens at the heart of decision-making. That’s why we’ve tried to reach out to the broadest possible number of Canadians to help shape this report. This open, participatory approach is all the more important given the government’s efforts to conceal the dramatic expansion of its surveillance capabilities from Canadians.

Canadians are clearly deeply concerned about their country’s continuing evolution toward out-of-control government surveillance. This is borne out both by our own crowdsourcing work, and by opinion surveys conducted independently.

“Canada’s Privacy Plan”  (96 pages)

“Key Recommondations, Canada’s Privacy Plan”  (4 pages)

Send this Crowdsourced Action Plan to your Senators

The Senate is about to vote on Bill C-51 which will undermine the privacy of every Canadian.

Enter your information below. We will use it to email this Privacy Plan to your Senators.

We will protect your privacy, and keep you informed about this campaign and others. Find OpenMedia’s privacy policy here.

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Related, also read Lynne Swanson’s post at Maple Sandbox: C51 Gives CRA Right to Share Tax Info

Money Sense reports Your tax info at heightened risk.

Money Sense is not exactly what one could call left wing civil liberties fanatics. Yet they report:

The CRA can now share not only your home address, but all of your financial information within the government, without any form of consent or a warrant.

All the CRA needs is to believe “there are reasonable grounds to suspect that the information would be relevant to an investigation of whether the activity of any person may constitute threats to the security of Canada.”

What’s more, the CRA can distribute these private details “on its own initiative,” possibly spurring…a “wide-scale fishing expedition.”

A Ryerson University professor says the more people that have access to taxpayer information under Bill C-51, the higher the risk of leaks, hacks and other foul play. He also says:

The change in legislation is “unprecedented. It’s snooping and meddling of the worst kind.”

Of course, CRA will have far more information about U.S. persons than they will about other Canadians because of FATCA. So the snooping and risk to us is mammoth.

Are we suspects of a “threat to the security of Canada?” Who knows?

I think we are defenders of Canada. But, I think it’s safe to assume the government is following Sandbox and Brock and that they consider us threats.

This is one more huge reason why we must persevere in our fight for our rights. Please keep those donations to ADCS coming.

Hmmm. Do they consider ADCS a “threat to the security of Canada” for standing up for the Charter of Rights and Freedoms?

**************

Something else I think is related:

I made this comment yesterday:

https://isaacbrocksociety.ca/2015/05/03/99929-needed-in-94-more-days-to-make-the-100000-august-4-2015-payment-for-canadian-fatca-iga-lawsuit-il-nous-reste-99929-a-ramasser-pour-notre-poursuite-judiciaire/comment-page-17/#comment-6146553

But now I am somewhat buoyed regarding *dual citizenship* and ALLEGIANCE as I’ve found on the US Embassy in Ottawa site: http://canada.usembassy.gov/consular_services/dual-citizenship.html which says (emphasis mine)


The U.S. Government acknowledges that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person’s allegiance.

***********

That shows me the disregard of this Canadian government for its citizens who are also US citizens or *duals* as we are now referred to as *US citizens who happen to reside in Canada*. That doesn’t sound like Canada cares a whit about my allegiance to Canada (as I chose to become a Canadian citizen) or that of my children (born in Calgary, AB, Canada).

 

I don’t like how many Canadian Bills shoved through Parliament work together in taking away our rights.

Do you?

Please stand up for the rights of all Canadians: http://www.adcs-adsc.ca/

29 thoughts on “OpenMedia: “Canada’s Privacy Plan” and its relationship with other Canadian Parliamentary Bills, including (for us) Omnibus Bill C-31 (2014)

  1. I’ve just finished skimming through the report this group put together. It’s very well done and reminded me of Richardson and Kish reports. I think this is great that they are bringing privacy to the fore. Privacy DOES matter and anyone who has been FATCA’d or is in fear of being FATCA’d is on board the Don’t Mess With My Privacy Rights train.

  2. It’s all connected…Bill C-51 and Bill C-31 and the US Patriot Act/Freedom Act. All taking away our freedom and privacy rights. I looked at the summary on https://privacyplan.ca/. It seems there is a lot of concern among Canadians about loss of freedom and privacy in regard to Bill C-51. Hopefully this will make a connection to the issue of FATCA and the IGA in Canada as well.

    RE: ” Send this Crowdsourced Action Plan to your Senators”…I sent my information to email the Privacy Plan on to my Senators. My donations will continue to go to ADCS until it is fully funded before I can consider donating to this new action plan.

  3. I sent the Action Plan (aka antidote to Bill C-51) to the Senators via OpenMedia and when I got a confirmation via e-mail from David Christopher I used it as an opportunity to thank OpenMedia and let him know about ADCS. Can’t hurt. I see the Action Plan and ADCS as being quite compatible.

  4. @PatCanadian

    Speaking of the so-called USA FREEDOM Act, our friend Sovereign Man has some choice words to say about it:

    June 3, 2015
    Buenos Aires, Argentina

    My general rule of thumb when it comes to legislation is that the more high-sounding the name, the more insidious the law.

    Exhibit A: the just-passed USA FREEDOM Act.

    “Freedom”. It sounds great.

    So great, in fact, that they stuck it in the title and built an absurd acronym around it– the real name of the law is “Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015”.

    U-S-A-F-R-E-E-D-O-M. Hooray!

    And without fail, the media has bought in to the myth, praising the government for heralding in a new era of liberty with headlines like “Congress Reins In NSA’s Spying Powers” and “NSA phone program doomed as Senate passes USA Freedom Act”.

    Unfortunately this is simply not the case. And shame on the mainstream media for making such thinly-researched, fallacious assertions.

    If anyone had actually taken the time to read the legislation, they’d see that most of the ‘concessions’ made by the government are entirely hollow.

    Secret FISA courts still exist. Lone wolf surveillance authority and roving wiretaps still exist. They can still grab oodles of other data like medical and business records.

    And the US Attorney General has even been awarded new ’emergency powers’ to use in his/her sole discretion… just in case the secret courts might be uncooperative.

    The big victory being cheered by the media pertains to the collection of phone records. This one is actually hilarious.

    The USA FREEDOM Act prevents the government from seizing and storing ‘call detail records’, the so-called meta-data information like your phone number, the other caller’s phone number, the length of the call, etc.

    But section 107(k)(3)(B) of the new law specifically states that ‘call detail records’ do NOT include the *actual content* of the call itself. Or your name. Address. Financial data. Cell-site location. Etc.

    So basically they can’t archive your phone number. But everything else is fair game. Congratulations on your freedom.

    Lawmakers also managed to sprinkle all sorts of other worthless provisions into the USA FREEDOM Act.

    For example, the Inspector General (IG) of the United States is required to issue a report discussing what civil liberty violations may have occurred over the last few years.

    Great. Except that IG reports are just that– reports. They have no teeth. And Congress can do with this one precisely what they do with every other IG report that gets issued: nothing.

    (Seriously, when was the last time you heard any ruckus about an IG report? Probably never.)

    They also stated that a panel of ‘advocates’ (whoever they may be) would attend and observe any secret FISA court hearing in which profound legal issues might be at stake.

    Again, sounds great. Except that, like the IG report, a panel of advocates has no teeth… no power to stop the court or spy agencies.

    Bottom line, these concessions may look good on paper, but they don’t amount to any real concession.

    This is a classic negotiation tactic. When working out a contentious deal, the stronger side will invariably offer some irrelevant concession that has no material impact on what they want.

    We did this several months ago for our Chilean agriculture fund, pushing through a substantial price reduction on a 2,000 acre property by ‘conceding’ to let the seller stay in the farm house for a few months.

    He felt like he got something, but for us the concession was pointless and ceremonial.

    The same thing happened here. And the American people just got played.

    The government has spent the last 14 years turning up the heat on the boiling frog. They increased the temperature by 100 degrees over that time… and have now turned it down 1 degree.

    Yet people are treating this like it’s some sort of victory.

    It’s not. And this is a sad reflection of how low people’s expectations have become of their own government and liberty.

    It’s a mistake to rely on a government to solve the problems that they themselves created.

    It’s a mistake to expect bureaucrats to voluntarily give up the power that they have awarded themselves… and have spent years abusing.

    It’s a mistake to wait for politicians to give you back the freedom that they’ve taken away.

    They don’t give a damn about your freedom. And they’re certainly not going to give it to you.

    But it still exists. It’s out there for anyone who cares enough to do something about it.

    When I was in the military everyone used to say ‘freedom isn’t free’. And this is totally true.

    Freedom starts with the individual. No one is going to give it to you. Becoming free means you have to put forth just a little bit of effort to take some common sense baby steps.

    Let’s discuss some of these tomorrow.

    Until then,

    Simon Black
    Founder, SovereignMan.com

  5. @Deckard1138

    Thanks for referring me to SovereignMan.com. It looks like this website covers a number of topics of great interest to me, in addition to the USA “Freedom” Act.

    I was contacted by email from privacyplan.ca by Stephen Christopher. It included a request for a donation. I declined to donate and explained my commitment to ADCS, forwarding some information about our cause. Hopefully they will get the connection.

  6. C-51 VOTE (by Senate) Delayed until Tuesday (June 9th).

    There was many mentions in the debate, which is still on-going, stating they are receiving hundreds even thousands of emails from Canadians stating say No to the Bill! Awesome work guys keep it up they are listening!

    So there is still time to let Senators know (I got back from today’s appointments too late to post this one to Albertans:

    This office is actually keeping a list of names of Albertans who are concerned and want him to vote no! Call him now get your name on that list they vote today Tuesday, June 9th, at 5:30PM EST which is 3:30PM for us Albertans… PLEASE CALL!!!!!!!!

    Douglas Black – Conservative Party of Canada
    Province: Alberta
    Senatorial Designation: Alberta
    Appointed on the advice of: Harper (C)
    Telephone:613-996-8757 or 1-800-267-7362
    Fax:613-996-8862
  7. Need even more reason to call Senator(s) from your province?

    Federal Public Safety minister Steven Blaney refers to “our fellow Americans” in response to a question about his own Bill C-51 from NDP MP Randall Garrison….

    C-51: Conservative minister refers to “our fellow Americans” – YouTube

  8. A petition that misses the when actual second-class citizenship went into effect — that was July 1, 2014 — for one million Canadians, their spouses, their children, their business partners, deemed US Persons, second-class to any other Canadian, no matter where they were born or the national origin of their parents. This announcement is actually a second installment of second-class citizenship for specified Canadians.

    https://www.change.org/p/hon-chris-alexander-pc-mp-canadian-government-stop-bill-c-24-don-t-turn-millions-of-us-into-second-class-canadian-citizens/u/11002985?tk=PCuRxrwn22nCZ2rcnf9cnJs3kM5HFw7CAf8IAsBbQ3s&utm_source=petition_update&utm_medium=email

    It’s official – second class citizenship goes into effect
    Josh Paterson; BC Civil Liberties Association; Canadian Association of Refugee Lawyers

    Jun 4, 2015 — Last Friday, part of Bill C-24 went into effect, officially creating a two-tier citizenship system. As a result of this new law, dual citizens and people who have immigrated to Canada can have their citizenship taken away while other Canadians cannot. The government’s press release last week tried to justify this discriminatory law by raising the threat of “jihadi terrorism,” but Bill C-24 could easily be used against non-terrorists—for example, a journalist who is convicted of a “terrorism offence” in another country for reporting on human rights violations by the government.

    The BCCLA remains committed to challenging this new law in the courts. It is only after the law comes into force (as it did last Friday) that this kind of court challenge is possible.

    Read the full update on these important changes here: https://bccla.org/2015/06/its-official-second-class-citizenship-goes-into-effect/
    It’s official – second class citizenship goes into effect

  9. @ calgary411
    I fired off an e-mail to Sen. Black urging him to vote NO on Bill C-51 (very brief with the hope that he actually reads it). As for Blaney and his “our fellow Americans”. OUR FELLOW AMERICANS? He must know that Harper is just itching to be hitching Canada up to the North American Union wagon.

  10. Great, EmBee — I am in the process as well.

    What a slip of the tongue (OR NOT) — OUR FELLOW AMERICANS. Or would he (I don’t think so) be referring to all of us the Conservative government deems *US citizens who happen to reside in Canada*?

    Let’s not have that North American Union without full buy-in from all Canadians and, if it happens, hopefully after I’m gone from this earth.

  11. Hey, as much as I’d love to slam Steven Blaney for this horrible choice of words, I really must defend him insofar as his English really isn’t 100%. I’ve made some slip-ups before in both French and English. This being said…..vote ABC in the next election. I want my Canada back.

  12. @PierreD.

    Didn’t bother me one bit: Lambasted his ass.

    Wildlife Photog ‏@WildlifeFotog70 20s20 seconds ago

    @MinStevenBlaney There is no “our Fellow Americans”. We are Canadians, NOT American! In Canada. If you feel that way, Move to the USA!!!

  13. Sorry Admins – my links above worked pasted into my browser, but don’t work as links from my post above. Can you remove them?
    apologies,

  14. Senate passes sweeping anti-terror bill, C-51

    Prime Minister Stephen Harper’s hallmark anti-terror bill was passed by a distracted Senate Tuesday.

    As members of the red chamber grappled with the fallout from a scathing audit report into their expenses, they nonetheless found time to push through Bill C-51, the Anti-terrorism Act.

    Over to Rocco Galati: http://www.nationalobserver.com/2015/06/09/news/bill-c-51-passed-senate-despite-widespread-public-opposition

  15. Another sad day for Canada. I wonder if Ruth and I would have been arrested for our little two person anti-FATCA protest a couple years ago, had Bill C-51 been passed then? I know I would have thought more than twice about doing it, if it had – and therein lies the problem. We will all be more afraid of our own government now, which is slowly but surely taking away our liberties all in the name of ‘keeping us protected from terrorists’. Kind of like FATCA, from the US government perspective, is all about protecting Americans collective tax monies from the ‘tax cheats who don’t pay their fair share’. And the Canadian FATCA IGA is all about protecting Canadians from the ‘Americans living in Canada’ who don’t pay their fair share to the United States of Arrogance for the privilege of having been born on US soil. This is all getting so unreal. Bring TPP into the mix, and it starts to look hopeless. Once those civil liberties are gone it is next to impossible to get them back – think of all we had to go through to get them in the first place.

    Six things protestors need to know about Bill C-51.
    http://thetyee.ca/Opinion/2015/03/11/C-51-Six-Things-To-Know/

  16. @calgary411, @WhiteKat

    I was never that worried about terrorists in Canada…. I was more worried about our so call paranoid gov’t… which is sad to say…. has proven to me what a bunch of frigging traitors they are… over & over… When did our gov’t become a gov’t who doesn’t listen to their citizens…. who they are suppose to represent & protect… We need to clean house… we can’t go on like this… our gov’t is turning into something I don’t want…

  17. This July 1st, I am going to go hide under a rock – although I haven’t figured out what to say to the out of town company who invited themselves to visit my family in our nation’s capital on Canada Day to celebrate our wonderful country. I guess instead of hiding under a rock, I will be forced to endure the party, and end up with another post-celebratory hang over – why break my new Canada Day tradition?

  18. We here know that Bill C-31 (2014) was the first to define second-class Canadian citizenship and Bill C-24 makes the citizenship for many of us conditional and taking away protections.

    June 20, 2015, Press for Truth: “Rocco Galati Is Preparing A Court Challenge Against Bill C-24 “

    C-24 has now effectively created second-class citizenship within Canada. Those who are Canadian, whether or not they were born here, who have eligibility to seek citizenship elsewhere; they are now at risk of facing potential exile. Amnesty International has said that the law discriminates against dual citizens by suggesting that they are somehow “less Canadian,” because they have dual citizenship or are able to seek it elsewhere. The new bill gives immigration officials the discretion over whether or not to revoke citizenship for an individual, and there will be little in the way of appeals for the individual to seek some clarity or remedy of some sort.

    Not only has Galati professed his intent to challenge Bill C-24, but he has also indicated previously that he will be interested in heading a court challenge against Bill C-51.

  19. Just stumbled across this paper (see below) which presents a defence against those who question why privacy rights are important by using the “nothing to hide” rationale :
    “….I argue that the nothing to hide argument—even in its strongest form—stems from certain faulty assumptions about privacy and its value. The problem, in short, is not with finding an answer to the question: “If you’ve got nothing to hide, then what do you have to fear?” The problem is in the very question itself….”

    from;
    Solove, Daniel J., ‘I’ve Got Nothing to Hide’ and Other Misunderstandings of Privacy. San Diego Law Review, Vol. 44, p. 745, 2007; GWU Law School Public Law Research Paper No. 289. Available at SSRN: http://ssrn.com/abstract=998565

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