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.
Mourning the loss of this lovely man. Vaughan Lyons.
http://www.legacy.com/guestbooks/theprovince/k-r-vaughan-lyon-condolences/174086051?view=2&entry=99771896&referrer=1
http://democracynow.ca/
http://www.i-acuse.com/call-to-action/power-shift-from-party-elites-to-informed-citizens-vaughan-lyons-legacy/the-great-delusion-parties-as-vehicles-for-democratic-citizenship/
emergency donation #2 sent today I need some help. I am taking this to the streets here locally. Every sign for the Cons I see will get an information sheet in their mailboxes. I need to put this together as informative as I can, to the point and show the Cons treason and disgrace to Canada. How can this be done? Also, I need ideas for my t-shirts. Maybe one liner points and dates to show the same. I’m going out there to spread this information!
Thanks, once again, NativeCanadian — how many, many times now?
I saw this the other day — work it in with the IGA.
http://metronews.ca/news/toronto/1448995/my-prime-minister-embarrasses-me-toronto-tote-bags-take-shot-at-stephen-harper/
Makes me want to dust off my sewing machine.
How about “my prime minister made me a second class Canadian ask me how”
That one will be a done deal
Excellent!!!
Sid,
Thanks – a good read.
I just checked with Allwest Reporting who did the transcript for last week’s trial. The cost of getting a copy of the transcript is $1008 plus tax.
I will be faxing in a request for the audio CD tomorrow. $15 sounds much better.
@ Native Canadian – WHAT A GREAT IDEA! To go around the area and where you see a PC lawn sign you leave a flier about FATCA and ADCS. SUPER IDEA!
@LM
Maybe you and I can do the same together in our “neck of the woods”.
…and, to catch their interest so it is not just discarded, best to make those Canadians aware it is a problem for ALL Canadians, a cost to all of Canada and its sovereignty, not just a *US Person in Canada* problem.
Hello,
I have a few questions. I just spent the last hour or so looking for the answers to my questions on other posts but couldn’t find the complete info I was looking for. I am a born Canadian dual American citizen who gained USA citizenship at birth due to one American parent. I am looking to renounce soon in Vancouver. I emailed the consulate and received the four forms they want me to fill out. One of them, DS4079 seems only relevant to those wishing to relinquish. One of my questions is:
1) If someone wants to renounce, do they have to fill out DS4079 which doesn’t seem to apply to renouncer’s?
2) Anyone know current appointment waiting times for Vancouver?
3) Do you lose your Nexus card if you renounce? At my nexus appointment a few years ago, they asked me which country I wanted my Nexus card issued to me under, Canadian or American, I said I didn’t care, so they put it through under “Canada” for me. I have read before that a Nexus card has to be turned in when renouncing, is that only if its put through for you as an “American” ?
Any info would be appreciated, especially regarding form DS4079. The other three forms seem simple, but DS4079 seems tricky. I can’t afford to pay anyone. Have to pay the $2350.00 US.
Phil Your instinct about 4079 is correct. D of S originally used it for people who had lost citizenship through one of the relinquishing acts and who were trying to regain it.
The later use of 4079 to try and prevent people from getting a CLN is bizarre. It does apply to those claiming a prior relinquishing act. It doesn’t apply to you because they can’t stop you from renouncing. Just fill it in ( if they demand that you do so) to the best of your ability.
Don’t know the answer to your other questions.
Others may find http://www.iexpats.com/fatca-fails-fair-and-just-test-of-good-law-making/ interesting and may care to comment.
One of my comments there is as follows:
Fair and Just Laws do not:
1. Impose burdensome compliance costs on the entire world ostensibly to help one country police its own residents.
2. Institutionalize Discrimination contrary to the Charters of Rights of most countries and indeed contrary to the Bill of Rights in the US and contrary to the Human Rights defined by the United Nations.
3. Gather personal data about people in files that are far from secure and which might well be leaked to persons (like ISIS) who wish to do some classes of persons (like US Persons and Israeli Persons and others du jour) physical harm.
4. Threaten the Sovereignty of other nations, in true mafia style, with crippling financial sanctions to every country on earth if they do not do what the imposer (the US) tells them to do.
My second comment there is as follows:
The Same Country Exemption (“SCE”) proposed by Democrats Abroad is an absolute nonsense .. a cheap political PR stunt. Consider whether you might want financial accounts in third countries if YOU were living in Greece and now finding that you cannot withdraw more than peanuts from your Same Country bank account each day …. of if you are a US person working in the Oil Industry in North Africa or the Middle East …. would you really want your financial accounts in Libya or Syria or Yemen or etc ….. or if you lived in Eastern Europe and needed to keep one eye open to watch the movement of Russian Forces on your border … wouldn’t you want to have financial accounts further away from the border ? or you are living in France and you are concerned that Radical Muslims (supporters of ISIS) working inside the banking sector might get access to your file and identify you as a US Person. The SCE is a failure ab initio … it solves nothing. SCE also does not solve the massive imposition of costs and impediments on countries like my own. FATCA makes the world a more dangerous place for all people and especially for Americans and those connected in any way to America.
My third comment there is as follows:
I and two family members went to a Bank in my country (not the USA) yesterday to open a securities investment account. None of us are US Citizens or Green Card Holders or Spouses of same nor children of same. Yet after such questions there was a further one … Have you spent 31 days or more in or transiting the US in the last year or 183 days doing such over the last three years. Good grief ! Consider Europeans who take long summer vacations .. or Canadians who might want to winter “down south” or West Indians who might want to support the US economy on frequent shopping trips (whether for personal use or for resale in their own countries), medical appointments, family events and visits and so on. South Americans would be in a similar situation. Since no one knows what the consequences of answering yes to either of those two questions might end up being, needless to say, as I am the only one of my local family likely to visit the US at all, I was unable to participate in the account. Thank you America (NOT).
I am glad I took the precaution of copying my posts to iexpats.com to my post above on Brock. Seems like iexpats have deleted my post listing 4 things that Fair & Just Laws do NOT do.
Thanks for posting the same at Brock, nervousinvestor. Your interesting point 3 account highlights further the absurdities.
So wonderful to see the over-due balance decreasing. My thanks also to all of the international people who know what the litigation in Canada means for their countries similar actions. They are ahead of the pack in their realization and their generous donations to the ADCS-ADSC litigation are vital and so very appreciated. Stephen’s wife is a wise woman:
@ Phil,
The 4079 is not actually required for renunciations, but DoS allows consulates to use it for renunciations if they wish to, so some consulates don’t, but some do. Dept of State manual on Renunciation, 7 FAM 1260
4079 is pretty much irrelevant to a renunciation. It’s important for relinquishments (for which it’s required at all consulates) because it helps in determining if a person was acting as a US citizen after the date of their claimed relinquishment. But it generally doesn’t have any bearing at all on a renunciation
In sum, I’d fill it out, keeping answers as brief as possible, but I wouldn’t worry about it.
If you have any questions about the 4079’s questions (or anything else about your renunciation), you can ask about them here and people who have already dealt with them will let you know what they think and what they have done. Best to use the use the Renunciation and Relinquishment thread for this.
You can read about Vancouver renunciation experiences in the Consulate Report Directory.
I am off work for the rest of the week. I am going to see the t-shirt printers tomorrow. I need two things, first off, the message “my prime minister made me a second class Canadian ask me how” is one of the messages. I need more clear messages as I want this t-shirt to engage people in conversation with me. The second, I need something written, factual, to the point on the dirty ways the Cons and Harper did this to Canadians as I plan to leave these papers in the mailboxes of EVERY Con voter I see…. All help would be appreciated. I will post pictures of the finished T-shirts when done.
@Native Canadian – I suggest a little punctuation ….. or spacing …. such as:
My Prime Minister Made Me A Second Class Canadian.
Ask Me How.
Read more info at isaacbrocksociety.ca
Maybe U could adapt some of my Fair & Just Law comments above to punchy lines followed by the same Ask Me How
@calgary411 – I join you in your Thanks to today’s (and everyday’s) donors.
@NativeCanadian – How about:
“Cdn tax $ + bank fees paying for US witch hunt in Canada”
or
“Help reinstate the Canadian Charter of Rights & Freedoms”
or
“What ever happened to full equality in Canada? Ask me”
or
“US imperial over-reach – will you help Isaac Brock keep the yanks out of our private lives?”
Quite a jump in the thermometer today. I agree with the quote a the top of the thread. This would not be possible in Canada without the help of international donors. Thank you to all.
@NC
Why not “2nd-Class Canadian” with an arrow pointing up, and “1st-Class Chump” with an arrow pointing down to a picture of Harper?
Heaps of thanks to our generous donor today. It’s amazing and so very much appreciated that our made in Canada lawsuit has garnered international support.