Liberty and justice for all United States persons abroad

We are now preparing for the 2016 FATCA IGA Charter trial in Canada Federal Court

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.

2,207 thoughts on “We are now preparing for the 2016 FATCA IGA Charter trial in Canada Federal Court

  1. A big thank you from me too, Native Canadian. I’m glad you repeated his old saying to Russian Putin “Get out of Ukraine.” Good for you, you threw it back at him. I now I say “Get out of Canada” forever Mr. Harper.
    I’m sure he wasn’t expecting your strong voice. Thanks for doing this, Native Canadian. We will be forever grateful.

  2. Native Canadian, you are in the trenches but you have internet now. Great job! Its easy to scapegoat Harper but those around him are brainwashed so do not expect any rational answers, not just to the plight of Brokers, but all Canadians and in my case the scientists who are muzzled.

  3. I would like to express my sincere gratitude to all of you Canadians who have been so proactive in developing this website, bringing about the lawsuit, and corresponding with the United Nations.

    Over here across the Atlantic, my fellow Europeans have been rather silent (although it can be said that the nature of the European Union simply complicates the aforementioned accomplishments due to all the different jurisdictions and languages.)

    Many, many thanks!

  4. NativeCanadian –

    At long last a Brocker ACTION that goes beyond sirvility. Even better, one with few words …

  5. Wow!! NativeCanadian: Thank you from the bottom of my heart. Thank you for reminding ….. the Prime Minister, no less ….. that we are on his tail, that we will fight, tooth and nail, to regain the rights and freedoms he and his party have taken from us. Thank you for spreading the word that we have taken our fight to the United Nations over this (we expect to hear word regarding our complaint any time after tomorrow) and, above all, thank you for your personal courage in speaking out in the way that you have.

  6. Comment removed from the article (http://www.lfpress.com/2015/08/19/protesters-gather-outside-london-venue-where-prime-minister-stephen-harper-addressed-business-leaders):

    mk fin 1 other upvoted you on Protesters greet Harper 3 hours ago
    calgary411 11 hours ago Removed
    Glad to hear that one, and a brave Native Canadian at that, got to say what he wanted to Stephen Harper: “GET FATCA OUT OF CANADA YOU’VE DESTROYED MY FAMILY” He spoke for many who would like to say the same — the same who have now raised $500,000 as we start Canadian litigation. Alliance for the Defence of Canadian Sovereignty – adcs-adsc dot ca
    Barry Arnold upvoted you on Protesters greet Harper 10 hours ago
    calgary411 11 hours ago Removed
    Glad to hear that one, and a brave Native Canadian at that, got to say what he wante…

  7. @Calgary411 — seems like censorship to me. There are so many trash comments on that thread … yet one discussing Native Canadian’s sensible statement is removed ? Gosh.

  8. If I had been an astute journalist at that event (or were none allowed there?), I would have quickly interviewed and gotten more from the person who had that strong, clear voice…

    ” GET FATCA OUT OF CANADA YOU’VE DESTROYED MY FAMILY”

    As we continue to wonder why in the world this story does not make it to the front pages. It s a travesty!! The silencing of voices that should be heard in this Canadian campaign period. The silencing of Canadian participation in *democracy*.

    Thanks, our friend, Native Canadian. When can I order one or more of those tee-shirts?

  9. @ Calgary,

    London *Free* Press, my foot.

    I noticed, btw, there’s lots of junk comments and stuff unrelated to the rally in that comment stream, but the London Free [sic] Press doesn’t pull them.

    Also as you point out,

    If I had been an astute journalist at that event (or were none allowed there?), I would have quickly interviewed and gotten more from the person who had that strong, clear voice…
    ” GET FATCA OUT OF CANADA YOU’VE DESTROYED MY FAMILY”

    Exactly! Native Canadian has a story and solid information more newsworthy than “Harper mocked the financial plans of ‘Justin’s Liberals’ and the NDP,” that tidbit being about as newsworthy as the aphorism “dog bites man.”

    More newsworthy actually than serious topics mentioned, such as the Duffy trial and small businesses, as they do get coverage regularly.

    As I see it, it’s quite possible — presuming a journalist is both astute and, probably more relevant here, not muzzled – that an interview with Native Canadian could logically have led not only to a mention in an article about the rally but also to a separate article on FATCA. The FATCA issue is basically unknown to the population, so it’s news, and it has a human interest angle, and that sells papers. Guess my mind’s stuck in the 1970s.

  10. And now comments are closed. It was published yesterday at 9:46 PM and comments were not only tightly moderated but closed the next morning. Nice one…guess they couldn’t take the “heat”. Great day for journalism and free speech.

  11. My NDP candidate just returned my phone call and wants a briefing document on FATCA, to be followed up by another call once she has read the document. Do we have such a thing up and ready to go? Maybe someone can direct me to something that is already here. Thanks.

  12. Thanks, EmmBee. This is perfect. Maybe we should put it somewhere where it is easily accessible? Maybe something like a side bar called “Canadian election resources”?

  13. No name,

    In addition to EmBee’s excellent suggestion, your NDP candidate might want to review the policy of the Green Party.

    I so wish the Greens had a chance to form the government or be part of a minority government. Elizabeth May, to me, is the only one with any kind of backbone — and she has a brain.

    From: GPC E-Info / PVC E-Info [mailto:e-info@greenparty.ca]
    Sent: Tuesday, August 18, 2015 11:04 AM
    To: XXXX
    Subject: RE: not the issue:

    Dear Mr. XXX,

    Thank you for writing us with your concerns. The Green Party of Canada stands firmly opposed to the Foreign Account Tax Compliance Act (FATCA).

    The Green Party understands the need to address tax evasion and what is now referred to as “tax avoidance” (legal mechanisms and tax code loopholes to avoid tax). However, targeting law and tax abiding Canadian citizens, as FATCA does, is not the way to do this. FATCA is an affront to Canadian sovereignty and puts Canadian citizens at risk of being targeted by US government institutions such as the IRS.

    Here is what Erich Jacoby-Hawkins, our National Review Critic, had to say about it: “This is not acceptable. These US laws intended to combat tax evasion by their residents sheltering wealth abroad should not penalize Canadians who are complying with tax laws where they live. It would be a clear violation of our Charter of Rights and Freedoms to have Canadian banks, under the direction of the IRS, violate the privacy rights of some Canadian citizens or residents based on their current or former ties to another country, namely the United States.”

    I’m linking you our policy backgrounder on our opposition to FACTA. You can find it here.

    During this election campaign, Elizabeth May will strive to hold the Conservatives accountable for policies, such as this one, that undermine Canadian sovereignty and put Canadians at risk. For more information on the solutions we are proposing, please see Our Vision.

    Thanks again.

    Andrew

    Andrew Pump
    Information Officer
    Green Party of Canada | Parti vert du Canada
    Facebook | Twitter

    info@greenparty.ca | info@partivert.ca
    613-562-4916

    ***********
    Perhaps your candidate might also have an interest in Stephen Kish’s update today (from Native Canadian’s account 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-70/#comment-6398893)

    UPDATE August 20 2015: $500,000 DONATED FOR LEGAL FEES, 24 (OR LESS) DAYS TO SUMMARY TRIAL DECISION IN SEPTEMBER. Note that September 13 falls on a Sunday.

    SEE ALSO DISCLAIMER AND LITIGATION UPDATES.

    —The description below of NativeCanadian’s interaction with Prime Minister Harper has been copied to LITIGATION UPDATES so that it will be retained.

    YESTERDAY NativeCanadian personally confronted Prime Mininster Harper at a political rally — Mr. Harper is the leader of the Conservative party that signed a FATCA “agreement” with a foreign country that gave away the rights of Canadian citizens.

    NativeCanadian said: “…I listened to Mr. Harper’s campaign pitch etc. and when he was finished, I waited until he came around shaking hands. When he came to me, I took his hand and said in a strong, clear voice ” GET FATCA OUT OF CANADA YOU’VE DESTROYED MY FAMILY” and his smile changed and he shook the next persons hand and seemed different…”

    He then spoke to Susan Truppe, a [Conservative] Member of Parliament who was attending the political rally with Mr. Harper: “I walked up to her and said.”hello sue, nice to meet you. Hey can I ask you a question”. She said “sure” I said ” I understand that when the omnibus bill C31 was approved, you said NO to every amendment that would protect Canadians from the tax overreach known as FATCA, can you tell me why?” She pondered for about 10 seconds apparently trying to recall bill C31 then said she remembered. She asked me for my phone number or a card.

    I said that apparently your phone doesn’t work as Lynne Swanson has been trying to get answers from you for over 6 months and you refuse to talk with her. She said to call her and walked away. I also confronted my own Mp’s and told them that this fight has just begun and that EVERY single Canadian will know about this and the court case.

    My MP said that she knew about the court case and I could kind of tell she agreed with me on the principles and human rights violations of it, but was forced to tow the party line.

    People, let me tell you one thing. I have NEVER confronted my own prime minister, but for god’s sake, What this has done to my wife and every other victim out there made me do it. This has got to stop. The lies and games will destroy my Canada. We ALL need to do our part!”

    “…I amazed the Conservative volunteers by saying that $500,000 was raised by Canadians and a lot from people around the world. I also let them know that Canada has had it’s first human rights violation complaint filed with the UN because of the Conservative government’s action regarding FATCA victims in Canada.”

    Bring up the issue, Elizabeth May, and the NDP — please!!

  14. Dog bites man?

    Man bites Dog ! = Native Canadian bites Harperites !

    Native Canadian … You are The Man. Harper ? needs to be voted out of office like trash.

  15. Calgary411, thanks to you as well. I will take all of this to my NDP candidate, Jennifer Hollett, and hope something comes of it.

  16. Excellent idea, No Name!

    At your suggestion, I just started a “Canadian Election Resources” link under “Take Action!” in the Sidebar for this and other relevant material.

    This link will remain through October 20th, at which time it may be merged into one of the permanent sidebar links (we have to keep the sidebar from getting too long and unwieldy).

  17. @ Noname,
    If you are in UNiversity-Rosedale riding, allso bring FATCA us to the LIberal “Star” candidate Chrystia Freeland.

    Ms Freeland worked in New York City as a journalist and author. She may even have a Green Card. One or more of her children may also be so-called “US-Persons” under FATCA if they were born while she was working there.

    “Chrystia Freeland has a high profile in the University- Rosedale riding, in media circles, and within the Liberal Party. She has been campaigning locally and also across Canada with other candidates and her incumbency will boost her along with the recent increase in the polls for the Liberals in Ontario after Trudeau’s strong performance in the first debate. Hollett doesn’t have as much name recognition and doesn’t have the advantage of incumbency.”

  18. Thanks for doing that @pacifica777. We need to build up a good store of handy info ammunition to bombard candidates with. My riding in Alberta only just completed its slate of candidates. A couple don’t have contact info yet but when they do I’m ready to take aim with Muzzled-No-More’s education program and there’s so much more on Brock and the Sandbox to draw from too. I don’t intend to waste my time on the Con incumbent — been there, done that — party line response only. I doubt very much he will be unseated but, oh well, got to try anyway.

  19. Wondering, I am indeed in University Rosedale and I will do as you suggest. My correspondence with my current MP, Adam Vaughan, has already been forwarded to Chrystia Freeland, along with supportive comments from him. She’s next on my dance card!

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