UPDATE SEPTEMBER 19, 2015: SEE ALSO DISCLAIMER AND LITIGATION UPDATES.
[This post, which began in May and having over 1000 revisions and 2000 comments, is being retired from service and updates. It lived through the success of reaching a total of $500,000 in donations from our kind, dear supporters who had little money to give, the hope and disappointment with the summary trial decision, and the certainty that we are now finally moving on to the Charter trial.]
CANADIAN CHARTER TRIAL UPDATE:
— We have instructed the Arvay team to prepare for the “Constitutional-Charter” trial. This means that our focus now, as it was in the beginning of our lawsuit, is on the Charter trial.
Unless there is a new expense in the future that we have not anticipated, the monies from your donations will be sufficient to take us through the “constitutional-charter” trial in Federal Court. However, to pay other legal bills we will need additional donations from our supporters, and a request for donations will appear on another post soon.
OUR LITIGATION HISTORY:
One year ago, on August 11, 2014, 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.
Because of a Government delay we initiated a “summary trial”, using a portion of the arguments, which offered the possibility of preventing private banking information from being turned over to the IRS before September 30, 2015. See Alliance’s Claims, our Alliance blog, and AUGUST 4-5 SUMMARY TRIAL FILINGS in LITIGATION UPDATES.
@Badger – looks like the author paid attention to my tweet as he came out with this article today: http://www.international-adviser.com/news/1022937/anti-fatca-finalises-lawsuit-canadian-gov
@ Nervous Investor – –
In that historic document there is, unfortunately, an escape route for those who would like to prey on the masses – – the phrase (which you so well provided to us) is:
…..except by the lawful judgement of his equals OR BY THE LAW OF THE LAND.
Would the Cons (the current government leaders) believe they are “lawful equals” since they were voted in by the masses as our representatives?
And, most frighteningly, is the IGA not sanctioned ‘by the law of the land”?
May we prevail in court……. And to that end, may we work to expand our coffers so that we can supply our legal council with his fees in this 2015 uprising for our rights. 🙂 🙂 🙂
Scratch that – Dr. Kish informs me that he sent the author a long email!
@ nervousinvestor
RE: http://www.telegraph.co.uk/history/11383687/The-Magna-Carta-explained.html
Thank you for reminding us about the Magna Carta. Today (June 15) is indeed its 800th birthday. Dr. Paul Craig Roberts has just written a Happy Birthday piece for this historic document too.
http://www.paulcraigroberts.org/2015/06/12/happy-birthday-magna-carta-paul-craig-roberts/
How I hope that next year sometime we will be celebrating the first birthday of our successful lawsuit which in its own way is attempting to breathe life back into the fading embers of the Magna Carta which was a first salvo in the fight for justice for all mankind and for the accountability of governments which would seek to override the basic rights of their people. Yes Brockers, our lawsuit is part of this fight too and our cause is just.
@EmBee – Interesting reference – Thank you.
@LM – The Magna Carta sought to end arbitrary enforcement of Laws enunciated by Tyrants; in the original case by King John and his successors. King John I am quite sure considered His Laws to be of full force and effect. In the present case perhaps by those Would Be Tyrants who would seek to undermine the Canadian Charter of Rights and similar Declarations world wide. Perhaps Harper might well conform to that definition given the number of “Laws” that he has pushed through a captive parliament that turn out to be contrary to the Canadian Charter and reversible by the Courts.
@ GwEvil
Oh, come on gal – give yourself full credit!!!
Just because Dr. Kish sent the author a long email doesn’t mean that your efforts didn’t strike the mark too!
Bit by bit, every effort counts, especially yours!
@LM – Here is how I view things. A country’s Constitution and Charter of Rights (by whatever name they are known) together with the Common Law form the Concrete Boundaries and Foundation of the Law of the Land. I do not consider Acts of Parliament as the Laws of the Land UNLESS AND UNTIL they have passed the test of time and been tested in the Courts against the Boundaries and Foundation laid in concrete by said country’s Constitution and Charter of Rights and the Common Law. To the extent that Acts of Parliament seek to cross those Concrete Boundaries I view them as UNJUST at best, Attempts to Empower Tyrants at worst and in either case Invalid and to be tested in Court by a Constitutional Challenge.
@ Nervousinvestor –
I support your view; I just wish the government would agree.
@LM – well ok…Perhaps my tweet primed the guy to read Dr. Kish’s email then. 😉
Maybe the U.S.A. will follow China’s example and take over Machias Seal Island and dare Canadian Forces to do something about it.
http://www.siue.edu/GEOGRAPHY/ONLINE/Schmidt.htm
Kind of repeating myself and apologies if somebody has checked into this already, but I mentioned Kickstarter before but found actually this site to raise the money: https://www.change.org/
It is designed for this kind of stuff…
Good luck!
Ed, I thought we had responded to your question in this thread, but it’s easy to miss a comment.
This question about the best way to fund our lawsuit often comes up. Here is GwEvil’s response which we keep on our ADCS blog:
https://adcsovereignty.wordpress.com/2015/03/23/the-funding-of-the-adcsovereignty-fatca-lawsuit-explained/
Thanks for making the suggestion.
@Tom Alciere – What an interesting situation … the Seal Island Boundary Dispute.
I keep looking at the Sovereignty Thermometer and trying not to worry but it’s not working. I am worried. Now we need $1500 a day! I think of the ADCS fund and lawsuit as a beaver dam which gives us some hope of holding back the flow of FATCA effluent. We will be laying more twigs on the ADCS dam on July 1st. Canada Day feels like it has been turned from a day of celebration into a memorial service for the loss of Canadian sovereignty. We’ll weave our twigs into the form of a wreath to mourn the day that the Canadian government killed the assumption that it would protect its citizens when they are threatened by a foreign nation.
I do not want to waste a lot of time on this a computer expert should have know this.
GO PUBLIC
PayPal Canada freezes gardener’s account over Cuba connection
U.S. companies ‘masquerade’ as Canadian with .ca domain, says foreign affairs expert
http://www.cbc.ca/news/canada/edmonton/paypal-canada-freezes-gardener-s-account-over-cuba-connection-1.2933495
(go to middle)
“PayPal Canada subject to U.S. laws
In a statement, PayPal Canada spokeswoman Malini Mitra said the company is bound by American law.
“As a U.S. company, PayPal and all its foreign subsidiaries have to comply with the Office of Foreign Assets Control sanctions regulations. With respect to Cuba, payments involving non-U.S. customers have to be declined as per OFAC regulations.”
Despite recent signs of a thaw in U.S.-Cuba relations, Washington continues to enforce a near-total embargo on trade with the Caribbean nation using a range of laws – including the Trading with the Enemy Act.
Ficht said he had used PayPal about 20 times previously and always assumed he was dealing with a Canadian company because he was using their Canadian website.
“It almost seems to be slightly deceptive,” he said.
PayPal is one of many major companies, including Amazon and Google, which use the .ca internet domain name to “masquerade” as Canadian companies, according to Tom Keenan, a research fellow at the Canadian Defence and Foreign Affairs Institute.
cuba-stock
Despite a recent thaw in relations, America still maintains a trade embargo with Cuba. (CBC)
Despite being an American company, PayPal Canada is allowed to use .ca because it has registered its trademark in Canada and maintains an address in Toronto.”
Keenan said such companies should be required to declare that transactions are being processed in the U.S. and will be subject to its laws.
“They don’t have to go into all the details of the Patriot Act, [but] at least tell us that this transaction is going to be processed in another country. That seems only fair,” said Keenan, the author of the book Technocreep: The Surrender of Privacy and the Capitalization of Intimacy”
Please note I also inquired about computershare canada at least it is a recognized Canadian FFI it has Canadian deposit insurance accreditation but it keeps it records in USA.
Please note that it is very easy for Paypal to get a list of donors.
What is wrong with Canada Post and a cheque?
Obama justice department issued a subpena against reason magizine to get a list of commentator
http://hotair.com/archives/2015/06/10/justice-dept-subpoenas-reason-magazine-to-find-anonymous-commenters-internet-implodes/
Justice Dept. subpoenas Reason Magazine to find anonymous commenters. Internet implodes
The Libertarians are up in arms this week after the Justice Department served subpoenas to Nick Gillespie’s Reason Magazine over comments left on their web site by anonymous readers. The commentariat buzz in question erupted over an article dealing with the life sentence imposed on Silk Road founder Ross Ulbricht. This has prompted some outraged cries from observers such as Bloomberg contributor (and former Reason editor) Virginia Postrel, who described the move as stomping on free speech. Powerline’s Steven Hayward (coincidentally also a former contributor to Reason) wonders aloud whether the Justice Department attorneys are just stupid or possibly working in league with Rand Paul.”
Do you not think they may fish for people who do not pay USA?
GeorgeIII, people need to stop being so afraid. There is power in numbers. What are they going to do? – arrest everyone who has donated to the Canadian IGA FATCA lawsuit; make a list of all people who have donated, figure out who is a non-compliant US person and who is not, and then send out nasty letters? I don’t see your comment (accurate though it might be) as helpful. We need more support from people who are not afraid to stand up, not less.
@GeorgeIII why are you wasting your time on stupid crap like this? Are you a troll and are you trying to undermine the effort against the US FATCA IGA in Canada? I don’t really get what it is you are trying to acheive here. You are no friend of ours as far as I am concerned!
@GwEvil, to be fair, there are people who would want to know some of what GeorgeIII is talking about, but the point is that if its going to be used to frighten people away from donating then that is a problem. Maybe GeorgeIII is one of those overly frightened people (and it seems like he fits right in with the majority or we would have more donations by now, and more Brockers as I think we forget that the rest of us are probably a minority among non-compliant US persons), and he comes from a place of warning not sabotage. Regardless, it is not helpful imo.
@WhiteKat – what this reminds me of is people who are scared to swim in the ocean because they are afraid of getting bitten by a shark but routinely get in a car and drive everywhere. If they read the statistics they could see that the liklihood of being killed by driving every day is astronomical and being bitten by a shark is somewhere in the 0.0001% even if swimming in shark infested waters. GET SOME DAMN PERSPECTIVE!
@WhiteKat – that was a general directive FYI…not at you 😉
@GwEvil, I agree or I wouldn’t have donated several times already through PayPal. Maybe George is one of those high anxiety types, so perhaps we should not be too harsh on him. GeorgeIII, how’s about that Valium prescription? 😉
@GwEvil, I didn’t take it that way (kind of hard to given I’ve outed my real name here several times already)
We should all celebrate because we are already at least 3, if not 4 out of 4 steps of the way to the freedom that is listed in these four steps:
http://sovereignmanconfidential.com/15_6_starter?inf_contact_key=38df75ddcf51e97ce3b89d247ef39898e64632103afda1af40a086fc66e8f958
The USSA is on its way down the drain so…don’t worry, be happy!
GwEvil, next time someone tells me I am the paranoid one (for worrying about FATCA in the first place), I will tell them about people who are so paranoid about FATCA that they are afraid to donate to a lawsuit against FATCA via PayPal because they are afraid PayPal will reveal them to be subject to FATCA. Talk about putting thing into perspective.
Which is worse? Not doing anything and letting yourself get run over by the FATCA bus, or taking a minuscule chance via Paypal in attempt to actually stop the bus from running you over?