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.
@EmBee
I completely understand how you and @StephenKish feel about the “July 1st Canada Day Betrayal Blues”. Yet at the same time–although it may not quite be a day for raucous celebration, I hope you are finding a way to mark the occasion–even in a low key manner. Canada is the whole reason–or a big part of the reason–why we all are doing this so it seems fitting to mark her birthday in some manner.
@All
Good to see the thermometer pass the 1/3 marker. Granted only 1/3 of the time remains so we’ll just have to increase the pace.
@northof49: I’m imagining a FATCA-free future for my Canada. I think that donating to ADCS is a great way to express our belief in a “fair and just society for each and every person who calls this land home”.
I’m also imagining an ice cold beer; man is it hot here on the West coast! Happy Canada Day, everyone!
Credit for that good quote from the Governor General in today’s update should not go to me. Instead, it should read:
Northof49’s Canada Day thoughts: “It is a bit bittersweet but yes I am celebrating Canada Day. Canadians out there – listen to the words of Canada’s Governor General today and be inspired!”
Seems to me that the Thermometer is showing a wrong reading ! Should it not be about another half increment up the tube ?
Since these comments have been stuck at 679 for awhile, I’m posting this to at least get moving on to #680. And for some aggravating reading to go with today, see this article posted by Charl and some comments over in the current Media thread:
http://www.forbes.com/sites/kellyphillipserb/2015/07/04/taxation-without-representation-why-we-celebrate-july-4th/
Just wondering: do we know which judge is going to be hearing our case as yet and, if so, what his or her predilections might be with regard to our case?
Signed,
“Just say no”
And now we know how to say NO in Greek … OXI (pronounced oh-hee).
We can take inspiration from the recent referendum in Greece and from the history of Oxi Day — http://www.helleniccomserve.com/oxidaystathacopoulos.html
Soon we’ll have our Oxi Day in court but in the meantime our Sovereignty Thermometer needs to rise. PLEASE contribute whatever you can. Think of it as a way to say NO America you cannot override the laws of sovereign nations and NO America you cannot invade the privacy and jeopardize the financial security of what you call “US persons” who live in those sovereign nations.
Time to revisit this 2014 article? 8/12/2014 ‘Canadians File Suit To Block FATCA And Prohibit Handover Of U.S. Names To IRS’ – which appeared in Forbes, and describes the ADCS lawsuit http://www.adcs-adsc.ca , and the human rights complaint to the UN https://isaacbrocksociety.ca/2014/07/28/human-rights-complaint-on-behalf-of-all-u-s-persons-abroad-has-now-been-submitted/comment-page-9/#comment-6273015.
Although the article was published almost a year ago – apparently comments are still open. Urge the author to provide an update and let readers know that the first hearing is imminent by posting this info: “AUGUST 4-5 TRIAL UPDATE: Our SUMMARY TRIAL will be held at Federal Court, 701 West Georgia Street, Vancouver, British Columbia, commencing on Tuesday, August 4, 2015 at 9:30 a.m. for two days..” You can include that in your comments along with the ADCS link http://www.adcs-adsc.ca/Issue_Cost.html
This is the real deal. See it to fruition.
Lets get that donations thermometer up to the top (and over!)
Add your fuel to the fire that keeps this lawsuit going. The August 4th dates are fast approaching, and the August 1st instalment is too.
Don’t stall, donate now! http://www.adcs-adsc.ca/DonateADCS.html
Here’s the link to the Forbes article that @badger recommended above:
Canadians File Suit To Block FATCA And Prohibit Handover Of U.S. Names To IRS
http://www.forbes.com/sites/robertwood/2014/08/12/canadians-file-suit-to-block-fatca-and-prohibit-handover-of-u-s-names/
Wonderful news regarding the upcoming CBT law suit. What so many of us have been waiting for!!
Along with finding out about the judge who will hear the ADCS case, what does anyone know about any contacts with journalists who might cover this trial? Who will represent the government? Will attendees at this court hearing provide updates each day?
And has everyone sent emails to all their acquaintances (in Canada, in the US, in other parts of the world) to encourage donation to ADCS? Every $25 helps!
Thanks @canoe for correcting my omission of the link, posted my comment in a hurry!
A greeting via the local mail is on its way to the ADCS as we speak.
best to all,
May right prevail!” Our cause is just!”
: )
If you folks have time, please comment on this article which I didn’t like, I’m not sure where the arguments are coming from. He is talking about death penalty and plenty of other things that don’t have to do with dominant nationality for example. http://www.taxconnections.com/taxblog/rand-paul-files-federal-lawsuit-against-u-s-treasury-and-irs-over-igas/#comment-12733
@Jefferson D. Tomas
According to that link that you provided, the Bopp/Yue lawsuit has already been filed and was filed in a US District Court in Ohio. However I did a PACER search using known names of expected plaintiffs and couldn’t find a record of the lawsuit as yet at either the Northern or Southern Ohio courts. Also the following link provided by @Barbara says only that filing is expected next Tuesday:
https://www.facebook.com/republicansoverseas/posts/403732039810597?fref=nf
Can anyone confirm? Did the link just posted by @Jefferson D. Tomas jump the gun a bit and say that the lawsuit has actually been filed when, in fact, it is still in “imminent” status?
Previous to Barbara’s current link, was this June 28, 2015 post at RepublicansOverseas: https://www.facebook.com/republicansoverseas/posts/399526503564484
The article is crazy. Period. The Republicans say that the lawsuit will be filed next Tuesday (no more delays hopefully) and will contain (8) violations. They have updated their site.
@Muzzled No More, and @Victoria, said on another thread today that; “..the time for “nice” is over…”..referring to supporting legal challenges.
The ACA Foundation debate event ( https://isaacbrocksociety.ca/2015/03/02/aca-video-from-may-2-2014-toronto/ ) in Toronto was attended by NDP MP Revenue Critic Rankin (the video of just the speakers doesn’t show the rich and robust discussions and activity of the large audience present, and the much appreciated presence (in my opinion) of NDP MP Rankin ( NDP National Revenue critic) actively and fully engaged with analyzing the content and absorbing the concerns of the Canadian citizens/residents present). It think it makes sense to try and notify/invite our MPs to the upcoming ADCS lawsuit hearing in August whether they can attend or not.
The opposition MPs who appeared and spoke against the FATCA IGA implementation legislation in Bill C-31 amply demonstrated their understanding of why FATCA was bad for Canada https://youtu.be/slqAkW_eeUA and others spoke up in Parliament (ex. see results https://openparliament.ca/search/?q=fatca+ ). They would understand why the ADCS lawsuit is significant. Let’s give them another opportunity to attend or send someone in their place.
All those Canadian citizens/residents who are constituents in BC particularly, and others, whether specific party members or not, could try to flood local MP offices with emails and calls notifying their MPs http://www.parl.gc.ca/Parliamentarians/en/members/addresses about the upcoming August 4-5 hearing of the ADCS lawsuit.
Some MPs, like Alex Atamenko still have anti-FATCA info posted on their website and a notice of the lawsuit http://alexatamanenko.ndp.ca/fatca-lawsuit-filed-in-federal-court-of-canada ) and are in the province of BC/near where the hearing will take place, and one never knows – perhaps one will turn up out of interest – particularly as a federal election is fast approaching. Or they might send a proxy to observe. BC constituents, could also issue personal appeals to riding offices?
No harm in sending emails and calling as many MPs as possible right?
You can point out that the Harper government was willing to take on the US re trade issues with the US like meat labelling https://isaacbrocksociety.ca/2015/03/12/harper-government-accepts-national-origin-discrimination-for-us-persons-but-not-for-meat/ , and other banking issues http://www.cbc.ca/news/business/volcker-rule-in-bank-reforms-violates-nafta-joe-oliver-argues-1.3072466 and applauds the use of sanctions to support the sovereignty concerns of other countries ( “…Canada unequivocally condemns Russia’s blatant violations of Ukrainian sovereignty.”…. ” http://www.fin.gc.ca/n15/15-030-eng.asp while actively colluding to cede Canadian sovereignty to the US via the FATCA IGA and thereby violate the human and civil rights of Canadians.
ShadowRaider has pointed out that frequently we have Canadian centric examples of FATCA/FBAR/CBT abuses. And there may be many readers who are grappling not only on FATCA’s effect on themselves as individuals and their family, but on their businesses and inability to build one with non-US partners outside the US due to the UStaxableperson taint:
For supporters of the ADCS challenge, who concerned with the effect of FATCA/FBAR/US extraterritorial CBT on building a business/entrepreneurship, and for those located in Europe – here is a German example that I just read on Maple Sandbox;
“……. my four non-U.S. business partners gave me an ultimatum, either get rid of your U.S. citizenship, which was contaminating our totally German business and subjecting our company’s accounts to U.S. Treasury and IRS scrutiny, or you must sell your shares and leave. This all started upon the advice of our German bank, who said that they wouldn’t deal with our accounts if there was any American/’U.S. Person’ involvement? Not to mention the personal impact on my mortgage, on my bank closing all of my investment accounts and everything else that every reader here knows all too well.”..
http://maplesandbox.ca/2015/no-crisis-see-you-in-court/comment-page-1/#comment-472672
A successful outcome with the legal challenge in Canada may be the first domino that sets a precedent and helps topple FATCA IGAs in Germany, the EU and globally.
Support the ADCS legal challenge. Donate now!
http://www.adcs-adsc.ca/
Here’s an interesting little app online.
http://s10.flagcounter.com/more/7TCt
It could show how worldwide IBS actually is.
@ Don
Interesting yes but most Brockers don’t want their location revealed.
@Don . Interesting counter. I would not have imagined that 92% of visitors are from the US and only 2.1% from Canada. IBS has Google Analytics code on the site. I would trust that more and would like to see some of the metrics. I would hope that the individual site visits are on the up and up. I have put in lots of links to the site on comment sections of articles.
From today’s Brock statistics, a few minutes ago – Views:
2,154 – Canada
344 – UK
237 – US
189 – Australia
183 – Japan
145 – Switzerland
103 – France
71 – Italy
65 – Germany
49 – Israel
40 – Belgium
37 – Hong Kong
30 – Phillipines
etc.
@ JC
I think that’s the flag counter for the flag counter site or perhaps a sample site you are looking at. I don’t think it’s Brock … unless there’s a whole lot of US 3-letter agencies tuned in.
@ calgary411
Ah yes. Now THAT looks like our Brock!