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.
Thanks, EmBee, fellow one-issue voter and our poet laureate.
My intellect department has no credentials but my empathy for others going through the same things and my hanging in at Brock for this fight are very important for me — my therapy from what I would be without Brock. As I’ve said many times, all my fellow fighters here are among the people I most respect in this world. Standing up for ourselves and our families for what ARE / SHOULD BE our very rights.
@ Blaze
“Others think it would be OK for all Canadians to have FATCA type information submitted to CRA from all Canadians.”
That absolutely makes me weep for what has happened to the minds of the sheeple in our midst. The necessity for privacy and even the concept of privacy has been drummed or drugged right out of them. The government keeps demanding more and more transparency from us while providing less and less from itself but the dimwits just shrug and say, “So what’s wrong with that?”
RE my previous comment: Justin Trudeau says that LIBERALS STAND AGAINST TWO TIERED CITIZENSHIP.
http://www.mississauga.com/news-story/5820233-trudeau-takes-aim-at-government-s-citizenship-law-during-islamic-conference/
It would be nice if Justin made the leap to FATCA/IGA hidden in Bill C-31 in addition to C-24.
Trudeau said, “Liberals will guarantee that all Canadians’ fundamental rights are respected as guided by the Canadian Charter of Rights and Freedoms.”
“Canadian citizenship should not be conditional. A Canadian is a Canadian is a Canadian,” said Trudeau to applause.
Just read this submission by FIPA to the Finance Committee re the FATCA IGA:
https://fipa.bc.ca/submission-ministry-of-finance-consultation-on-fatca/
https://fipa.bc.ca/wordpress/wp-content/uploads/2014/03/MoF-consult-sub-signed-Mar-10-2014.pdf
Read the whole thing. Valuable issues re the ADCS challenge.
Addresses issues of privacy, cites Hogg and the Charter, and also cites the fact that although the feds have jurisdiction over banks, the credit unions are provincially regulated.
Some of the info they used had to be obtained via an FOIA request.
FIPA site a goldmine of useful info.
For example, look at this below, in which the US and US companies protest that BC privacy law is a “trade barrier”. Other nuggets include that the Canadian government “used the National Security Exception in NAFTA to keep American companies from bidding on Canadian government contracts..” in order to keep Canadian data on Canadian soil, and in light of the Patriot Act. (which I agree with, but note that the Canadian government did not see fit to protect our info under FATCA, and allows the FATCA IGA to saddle the Canadian FI and non FIs with costs and burdens extraterritorially at the hands of the US, which privilege US FIs over our own.).
‘US Trade Representative calls BC privacy law a trade barrier’
February 20, 2014 • IN CATEGORIES: International Agreements
“The United States Trade Representative has identified BC‘s Freedom of Information and Protection of Privacy Act (FIPPA) as a trade barrier (see page 60-61), but the BC government claims it doesn’t have any records of complaints or communications with the USTR.
We at BC FIPA have obtained internal USTR documents through the American Freedom of Information Act that show major US companies have complained to the USTR about BC’s requirement that government and other public sector data be stored in Canada.
The documents also show a call scheduled between a senior USTR official and the Ministry of Citizens’ Services in February 2012 to discuss the issue.
However, the BC government responded to FOI requests asking for records related to either the complaints or the USTR call by claiming it has no records related to either.
“The documents we obtained from the American government also show the USTR’s concern over increasing use by Canada of the National Security Exception in NAFTA to keep American companies from bidding on Canadian government contracts.”………..” Both contracts were restricted to Canadian companies and the data was required to be stored in Canada.”
“In their public explanation of why they had invoked the national security exception, officials in the Prime Minister’s Office indicated they did not want the Chinese company Huawei taking part in the construction of the communications network.
However, the USTR documents quote a senior Canadian trade official as saying the reason was “privacy concerns stemming from the Patriot Act”.”
…….”The European Parliament is going to re-examine whether our privacy laws are adequate to allow data transfer with Europe. This comes as part of the fallout from the revelations by Edward Snowden that our electronic spy agency, the Communications Security Establishment Canada (CSEC) is working hand in glove with the US National Security Agency (NSA) to intercept an enormous amount of communications from all over the planet.
from
https://fipa.bc.ca/us-trade-representative-calls-bc-privacy-law-a-trade-barrier/
Read it and ask yourself:
So, why is the FATCA IGA not a trade issue re NAFTA in the eyes of the Canadian government? Arthur Cockfield flagged the NAFTA issues for them.
Why is some Canadian private data to be kept in Canada and protected from the US Patriot Act, but not our personal and account data as per FATCA?
Why are some Canadians like FIPA researching FATCA and privacy issue, but not the Canadian Privacy Commissioner?
Where are the Privacy Commissioners of Ontario, Alberta, Quebec, etc. on FATCA – as credit unions are the jurisdiction of the provinces.
Thanks, PatCanadian.
Our job is to make Liberal Party Leader Justin Trudeau acknowledge all the second-class citizens (US-deemed US citizens and those with any relationship with them, including all-Canadian spouses, Canadian-born children, business partners, US green card holders, snowbirds who overstay their stays in the US) established in Canada by implementation of the IGA signed by the Government of Canada with the USA to override Canadian laws and the Charter of Rights and Freedoms.
CBC: http://www.cbc.ca/news/politics/justin-trudeau-vows-to-repeal-2-tiered-citizenship-law-1.3208571
We should all learn to sing Embee’s anti-FATCA songs to sing in time for the election, and try to get CBC coverage as well, similar to;
https://www.youtube.com/watch?v=Ei50lM6ab1c
http://www.cbc.ca/news/politics/harperman-tony-turner-scientist-investigation-1.3207390
@Northernshrike @FuriousAC @et al
OECD publishes three new reports to assist with global CRS implementation:
On August 7, 2015, the OECD published a Handbook, an Update for the Voluntary Disclosure Programmes, and a Protocol. These documents are meant to assist governments and financial institutions that are implementing the Common Reporting Standard (“CRS”). CRS is a standardized exchange model that builds off of the information exchange foundations established by FATCA.
The Handbook is a practical guide for the implementation of CRS, providing an overview of required steps, as well as the due diligence requirements. It also provides a detailed comparison of CRS with the FATCA Model 1 IGA, and CRS-related FAQs. The Handbook is a useful reference for governments, practitioners, industry members, and/or those unfamiliar with CRS as it provides both insightful overviews and significant detail.
The Update on Voluntary Disclosure Programmes is a guide to establishing and successfully executing voluntary compliance and disclosure programs to facilitate self-identification and reporting of non-compliant taxpayers. This second edition of the guide provides significant detail on the voluntary disclosure programs for 47 jurisdictions, thus enabling other jurisdictions to draw from practical experience in designing and implementing temporary and permanent voluntary compliance and disclosure programs.
The Protocol is a model contractual template for use by jurisdictions with Tax Information Exchange Agreements (“TIEAs”) in place that wish to leverage their pre-existing TIEA to establish a legal basis for automatic information exchange.
http://www.fsitaxposts.com/2015/08/08/oecd-publishes-three-new-reports-to-assist-with-global-crs-implementation/
@ badger
Yesterday the views of the “Harperman” song video were around 107,000. Today — 236,000! Tony Turner has been put “on leave” (thankfully with pay) from his government job but he must be grinning from-ear-to-ear to see the surge in interest for his protest song. I believe the crowd-funding has been halted but there WILL still be a sing-along on September 17th. A couple would look great with one wearing NativeCanadian’s T-shirt and the other the Harperman T-shirt — a sort of one-two punch at the Harper regime.
@Embee;
Folks are invited to contribute their own version of ‘Harperman’ here;
http://harperman.ca/index.php/write-your-own-lyrics/
One of the original verses starts with;
“Who reveres Uncle Sam?……….”
Harperman is FATCA’s man in Canadaland.
@ badger
I put the FATCA verse in the general comment section at harperman.ca. I included what I hoped would be enough explanation since awareness of FATCA is not widespread (yet). It’s in moderation. Those are good verses there … this song could go on and on and on … never end.
@ badger
It’s out of moderation. Maybe it will make a few people curious as to what the heck this FATCA thing is all about.
http://harperman.ca/index.php/2015/06/30/harperman-song-project/#comment-254
Bravo, EmBee, for writing and now submitting your FATCA verse to the *Harperman Song Project* site. You have just raised needed FATCA in Canada awareness a notch or ten!
Great work, EmBee! As a small-world aside, I personally know Chris White, who did all the behind-the-scenes organizing and recording of the song (he’s listed in the credits) since I used to work with him back in the legendary Nortel days in Ottawa. I hadn’t heard anything about him for several years, so I was surprised and very pleased to learn that he was involved in this project.
At the same time, we should be paying attention to the fate of the composer and singer of the song, Environment Canada scientist Tony Turner, who has been suspended from his job “…pending an ethics investigation into the making of the song.”
http://ottawacitizen.com/news/national/union-says-suspended-harperman-scientist-has-same-charter-rights-as-all-canadians
Just another example of the mighty chill that has descended upon the federal public service, thanks to the Politburo behaviour of this truly repugnant Conservative government. There’s enough material out there now for dozens of versions of “Harperman”.
PatCanadian: On the news last night I also heard Trudeau say this in reference to Harper’s lack of effective support for Mohammed Fahmi: “All Canadians need to know that their government has their back”.
We need to ask Trudeau if a Liberal government will have *our* back if they are elected in October.
Embee: RE: “That absolutely makes me weep for what has happened to the minds of the sheeple in our midst. The necessity for privacy and even the concept of privacy has been drummed or drugged right out of them.”
It makes me weep, too. People who have grown up in the “free world” with the treasured principles that have given birth to such things as our constitutions and our charters should know so much better than that. But imagine what it will be like in the not-too-distant future when the people running the show will all have been born after “9/11” and will know nothing of a world without heightened security and invasive surveillance. The concept of rights to privacy will be a far-off memory. It’s going to be the job of groups like ours to make sure that the young, up-and-comings learn what freedom really means.
@Muzzled We need CLEAR and accurate replies from the NDP and Liberals on their actions regarding Fatca. The usual BS “we disagree with the IGA and will work harder to protect Canadians” type answer is clear BS and full lip service. Most politicians will not even touch this hot potato as they feel any kind of answer could ruin there political career and they will lose their pension over it. Lets be very clear on the fact that they want their paycheques and pensions and people come last. The law system and political system in Canada is a guaranteed pay even for work that is detrimental to Canada. We really have our work cut out for us on presuring the politicians to help us in any way. They, like the rest of the world, is so incredibly scared to go against the US war machines and say NO to Fatca. Congratulations USA, you are the world leader and we are here to do whatever you ask us to do and please point those guns somewhere else!
@MuzzledNoMore and Native Canadian
It seems very difficult indeed to get any clear answer from any politician on FATCA, except perhaps for Elizabeth May with the Green Party. There is a very large fear factor in dealing with the USA. I understand this fear but can’t condone acting on it. Also protection for the big banks instead of individual citizens has definitely taken priority. The Charter of Rights and Freedoms has been totally ignored. Two more weeks for Judge Martineau’s decision and we’ll see where to go from there.
Mr. Trudeau — are there differences in *second-class Canadians* — the ones you refer regarding the Bill C-24, Strengthening Canadian Citizenship Act?
As part of the slippery slope now enabled in Canada — the march in legislation from Bill C-31 (making *US Persons in Canada* second-class to any others by virtue of place of birth of an individual or the individual’s parent(s) to Bill C-51, with definitions of *terrorist* to Bill C-24 to exile and banish certain of Canada’s second-class citizens (even if born in Canada),
do you consider US-deemed US citizens in Canada *US citizens who happen to reside in Canada* (including even those born in Canada and have never lived or had any benefit from the USA)
or do you consider US-deemed US citizens in Canada the very same as any other second-class Canadian as part of your statements
Putting scientists in quarantine won’t stop the spread of opinions.
Thousands of Public Servants Test Positive For Opinions:
http://www.thebeaverton.com/national/item/2052-thousands-of-public-servants-test-positive-for-opinions
Thanks Calgary411.
I do wonder, are we are considered a different type of second class citizen due to US taint as opposed to those Mr. Trudeau refers to under Bill C-24? It’s a very good question. How would Justin answer that one?
Why don’t we all write to Justin Trudeau and our local Liberal candidate and pose this question. After all, “a Canadian is a Canadian is a Canadian.”
I’ve just sent the question on to Matt Grant, the Liberal candidate in my riding and to MP Scott Brison, with whom I have also had discussion regarding Liberal Policy.
http://isaacbrocksociety.ca/canadian-election-19-oct-2015/comment-page-1/#comment-6445561
None of them could answer the simple question “do all Canadians have the same rights and protections?” For some reason, this was a tough question to answer?
@Em, I love the FATCA verse for the Harperman song – inspired lyrics http://harperman.ca/index.php/2015/06/30/harperman-song-project/#comment-254 .
@Deckard, I admire what Tony Turner – the author of ‘Harperman’ has done. As you suggest; “..we should be paying attention to the fate of the composer and singer of the song, Environment Canada scientist Tony Turner, who has been suspended from his job “…pending an ethics investigation into the making of the song.”…”…I’ll be following his fate – and will try to somehow be part of the sing along on Sept 17th if I can and/or try to recruit others to do so.
@NativeCanadian, admire that you confronted Harper despite his preferred echo chamber of ‘yes man’ supporters (he is too chicken to talk to the rest of the spectrum of Canadians he supposedly is sworn to serve – which is why his appearances and itinerary aren’t public http://news.nationalpost.com/news/canada/canadian-politics/tories-drop-gag-order-at-harper-campaign-events-but-still-vetting-who-can-attend and they are carefully and artificially posed – maybe he could just do them on a stage set, like the not-so-very-creative fictions they are ex. http://globalnews.ca/news/1979744/dnd-media-cant-show-soldiers-faces-pms-video-can/ ).