March 8, 2016 UPDATE: Legal fees paid — on to Federal Court for Charter trial contesting Canadian FATCA IGA legislation.
Canadians and International Supporters:
You came through once again: $594,970 for legal costs have now been donated and our outstanding legal bill is finally paid off.
Thanks especially to those who donated even though they never had any “spare” money to give, and despite this gave over and over and over again.
This last round of fundraising also shows that our Canadian lawsuit remains dependent on the kindness of our International Friends: There would be no lawsuit without their financial help.
Know that a very generous donation (today) from a supporter in the United States made it possible to pay off the remaining legal debt. Also please appreciate that there would be no lawsuit without the help of the Isaac Brock Society which has kindly let us use its website to solicit funds.
Our next step is the Constitutional-Charter trial in Federal Court.
For this we need more Canadian Witnesses, and my next post will be devoted only to a request for Witnesses willing to go public, like our Plaintiffs Ginny and Gwen.
For the future: I want a win in Federal Court — and I want the new Liberal Government not to appeal that win.
Thank you all for your support,
Stephen Kish,
for the Directors,
Alliance for the Defence of Canadian Sovereignty
@ Blaze
For your e-mails to the Liberal MPs did you use: [first name].[last name]@parl.gc.ca? I just phoned the contact number at https://hillnotes.wordpress.com/2015/10/20/welcome-to-canadas-42-nd-parliament/ and the clerk said until the MPs get their offices opened they are hard to contact by e-mail. She said a snail mail letter with the MP’s name and the House of Commons address would be directed to the MP’s office once it is opened. I couldn’t pin down a date for that because the MPs haven’t been sworn in yet. Any advice?
@EmBee I checked last week with the Information Office for the House of Commons. They said e-mail addresses for the reelected MPs are working now. However, the new MPs do not have e-mail addresses yet.
So, for Brison, Dubourg, Garneau and Gooddale, I used their existing e-mail . For my newly elected MP, I sent a letter via snail mail to House of Commons. (I first called her campaign office where I learned she does not have a constituency office yet.)
I plan to send something further on Wednesday when we know who the Cabinet Ministers will be.
A lot of encouragement, including the continued litigation, Dash.
@ Blaze
Okay, that sounds good. Everyone on my list is a re-elected MP and I suppose pm@pm.gc.ca might work for Trudeau. Come to think of it I might have confused the issue by asking about new MPs. Obviously you didn’t get any pingbacks on the e-mails you sent so those addresses are good to go. I hope you get some good replies. BTW, those are great letters!
We ask that you NOT send a “form letter”
I will certainly tailor my letter to my own circumstances but I do plan to use the ADCS-ADSC letter as my starting point. I think it is a good letter and I also want to support the ADCS-ADSC; therefore my letter should ask for most of the same things as the ADCS-ADSC letter does.
I’m certainly planning to send a letter. The only thing I’m holding back on now is until Wednesday when the cabinet will be announced because I will tailor the letter still more if he is and based on his portfolio.
http://www.theglobeandmail.com/news/politics/trudeaus-cabinet-to-be-smaller-and-more-diverse/article27060948/
That speaks well to the likelihood that Emmanuel Dubourg (bilingual Black Quebec francophone born in Haiti, Accountant, former university professor with an MBA and “20 years spent with CRA”) will make it into Cabinet–I hope as Minister of National Revenue.
However, Globe and Mail is also reporting that Trudeau’s decision left “high-profile Liberals getting a bad-news phone call from their leader late last week,”
I hope Brison, Garneau and Gooddale got good news and not bad.
@ Dash1729
I’m including the ADCS letter too. My part is really just a preamble to that. I’m probably pressing the attention spans of MP staffers by doing this but I’m also including the letters by Mr. A. and the Canadian farmer’s wife for further reading. I’m waiting to hear who the cabinet appointees are before I press send.
@Embee;
thank you, you’re too kind.
I blush.
: )
I must have missed reason #1.
Here’s another reason: “I am just one person. One letter from me won’t make a difference.”
This is kind of how many think about voting as well. However what happened in the recent federal election when collectively a lot of ‘one persons’ voted strategically? We got rid of the PM who FUTCA’d us! Together we can tell our new PM in no uncertain terms, that FATCA goes next.
@ACLIC
You’re absolutely right. It’s well know that one letter writer represents only a fraction of those who are affected by the same issue. Based on the following, a disproportionate number of vocal people will only serve to amplify our MP’s perception of the problem. It would also help to have our non-US tainted family members and business partners write too.
“Writing a letter to your MP is a great way to get our message across. For every constituent who makes the effort to write a letter, MPs often assume there are many more constituents who are concerned about that issue, but don’t bother writing.”
Some tips on writing your MP here:
https://wiki.openrightsgroup.org/wiki/Letter_writing
When asked, Ginny and Gwen took a giant leap into a lawsuit to uphold Canada’s constitution and defend our right to privacy. It’s not too much to ask the rest of us to take a small step forward with them by sending a FATCA letter to some MPs of the 42nd Parliament. Just do it for justice.
At first glance I like the new Justice Minister from Vancouver however, I get the feeling the National Revenue Minister is once again a political patronage post. Not to say anything too bad about the Gaspe Peninsula but this is an area highly dependent on Federal employment including the CRA.
Because of the change in Government, Plaintiffs Ginny and Gwen are NOW suing the new Attorney General: Jody Wilson-Raybould, and the new Minister of National Revenue, Diane Lebouthillier. [I do not have contact info yet on these Ministers.]
Scott Brison, who has argued on our behalf, is Minister of the Treasury.
We have ourselves a nice little legal conflict. Joseph Arvay and David Gruber were hired as attorney’s by Jody Wilson-Raybould as in THAT Jody Wilson-Raybould to represent an organization she was CEO of three years ago in Vancouver.
Here’s an interesting situation.
There’s a ‘US Person’ who is a Canadian citizen and resides in Canada. They’ve become rich through business and they want to give back something to Canada. Perhaps they’re a Bill Gate type of character.
It’s unlikely any donations made direct to a Canadian Charity would be tax deducted on a US tax form.
From the IRS’ point of view a charity requires registration with the IRS (and it’s likely the charity would have to be incorporated in the US as well).
So this US person can’t directly give back to Canada without having to involve the US – isn’t this a bit much?
If someone has become rich in Canada, why should they be able to give back without US interference?
If you follow the letter of the US law, that’s likely what’s required.
So someone would have to waste money that would have been donated directly to the Canadian charity setting up a US company, registering with the IRS etc etc to get a US tax deduction. Nuts?
Why should my fictional Canadian charity be short changed over US policy or the Canadian Government’s lack of protection?
Just another reason why FATCA must go.
Note: Myself or someone else will need to “sweep” the cabinet for any US Personhood or other signs of IRS non compliance. Chrystia Freeland who has been discussed here frequently is now the Minister of International Trade. Also the additional 170 odd Liberal MPs.
Tim: That could make things very interesting!. Arvay won that case in a unanimous decision at the Supreme Court.
http://www.minesandcommunities.org/article.php?a=12695
“This decision … will be a game-changer in terms of the landscape in British Columbia and throughout the rest of the country.” -Jody Wilson-Raybould, Assembly of First Nations regional chief.
In addition to being a Regional Chief for the Assembly of First Nations, she was also a crown lawyer in Vancouver.
Dianne Lebouthillier who is now Minister of National Revenue. I am very disappointed that Emmanuel Dubourg, a bilingual accountant with an MBA who is originally from Haiti and who has spoken out against FATCA did not make it into Cabinet.
It looks like we have a lot of educating to do. On a positive note, the new Cabinet includes both New Stock and “Old Stock“ Canadians.
http://maplesandbox.ca/2015/new-day-for-canada-justin-trudeaus-cabinet/
From: “Carol Tapanila”
To: “Kent Hehr”
Cc: “Darshan Kang”, “Randy Boissonnault” , “Amarjeet Sohi” , “Scott Brison” , “Murray Rankin” , “Nathan Cullen” , “Elizabeth May” , “Carla Qualtrough” , “Justin Trudeau”
Sent: Wednesday, November 4, 2015 10:48:14 AM
Subject: US FATCA law in Canada under the new Canadian Liberal Government
Dear Honourable Kent Hehr, Canadian Minister of Veterans Affairs and Associate Minister of National Defence,
Congratulations! Bravo to you and your fellow newly-elected Calgary Liberal MP, Darshan Kang and Edmonton Liberal MPs, Randy Boissonnault and Amarjeet Sohi. How I wish my riding’s Liberal candidate, Matt Grant, could stand among you. He almost won the battle to oust the Conservative in the new Calgary Confederation riding where my family lives.
Mr. Hehr, I have previously talked with you and sent to you information on the subject of FATCA, specifically on how it affects those unable to renounce a US-deemed US citizenship because of *lack of requisite mental capacity* (my own Canadian-born son included though it is about many Canadian sons and daughters so affected and all other *Accidental Americans* — those born in the US to Canadian parents but who returned to Canada with their parents as infants or children or like mine, born in Canada to parent(s) who still had US citizenship, having no meaningful connection to that country). I heard you say that you will represent all Calgarians, I and a fellow Calgarian would like to take you up on that promise with this email request to meet with you on the subject of how FATCA in Canada is starting to (CRA already handed over 155,000 *slips* of financial information on September 30, 2015) and will in the coming years affect approximately one million Canadians, their spouses, their children, their business partners – and all Canadians who will help pay for our financial institutions deputized as arms of the US IRS. I hope you will let me know that you, at your time convenience, can meet with us on this issue.
Attached for your review is a letter from Alliance for the Defence of Canadian Sovereignty that has gone to Prime Minister Justin Trudeau part of a press release to specified Liberal MPs and the Canadian media.
Some of us found out (and many more do not yet realize), not by any prior and proper education for most of us, that the U.S. claims the right to tax any U.S. citizen living and working anywhere in the world through its almost-unique citizenship-based taxation (CBT) while the rest of the world taxes on residence. Eritrea, which the U.S. has condemned for human rights abuses, also practises CBT.
I assumed incorrectly, in fact had never learned of US CBT, that if there were citizenship taxation by any country, the ability to become a US citizen should be a personal choice, not by an automatic acquisition. No one should be entrapped into the consequences of US citizenship without their consent or, possibly, the consent of their parents, guardian or trustee in some circumstances. One would think to avoid any entrapment when there are facts for claiming US citizenship that if that is not claimed by a person when he or she becomes an adult AND with requisite mental capacity, any US citizenship should be null and void. It only makes sense to me that non-meaningful US citizenship to *Accidental Americans should be by opt-in or consent, not by opt-out.
The opt-out of US citizenship, including that automatically acquired, is a financial barrier to too many and a detriment to most. Since 2009, the US Department of State fee for renunciation has gone from $0.00 to US$450.00 to the current US$2,350.00 per person (and, effective November 9th applicable for a claim to relinquishment of US citizenship as well). Those who have a net worth over US$2 million are subject to the US Exit Tax consequences. For those who choose to retain their US citizenship, the yearly compliance is complex and expensive, with most having to retain very expensive US tax law and accounting professionals to assist them to be confident they will avoid crippling penalties for yearly US tax and bank reporting (FINCEN 114 / Foreign Bank Account Reports). Only one of the many resuls is that, unless they expatriate, US Persons Abroad cannot effectively save for retirement as their fellow countrymen.
The previous Conservative government signed with the US an intergovernmental agreement (IGA) in early 2014 and passed the IGA enabling legislation in the 2014 C-31 omnibus Budget bill. This law violates sections 7, 8 and 15 of Canada’s Charter of Rights and Freedoms. When this law was being debated by the Standing Committee on Finance in the House of Commons, there was a proposed amendment to exclude Canadian citizens or permanent residents who are resident in Canada from the FATCA IGA definition of a “US Person”. The Liberals (led by MP Scott Brison) and NDP (led by MP’s Nathan Cullen and Murray Rankin) voted for this amendment but it was defeated by the Conservative members. Elizabeth May and other Liberal and NDP MP’s have spoken eloquently against FATCA in the House of Commons. Ms. May’s Green Party promised to repeal the C-31 FATCA IGA enabling legislation in the recent election campaign. I have also attached to remind all quotes made by Liberal MPs re Parliamentary Bill C-31 (2014).
Though I was informed when I became a Canadian citizen in 1975 that I would thus lose my US citizenship, I have had to go through a formal and expensive process been able to renounce my US citizenship, as has my daughter. We have documentation to show our local Canadian *foreign financial institutions* that we are not US citizens. As explained, my Canadian-born son and those like him are entrapped into a US-deemed US citizenship – persons, among others of us who are Canadians, who the Conservative government described as *US citizens who happen to reside in Canada*.
I promise that I will remind our new Prime Minister Trudeau and Liberal MPs, if they forget, of Mr. Trudeau’s statements *A Canadian is a Canadian is a Canadian* and *…our party is the Party of the Canadian Charter of Rights and Freedoms*.
Respectfully and sincerely,
Carol Tapanila
Calgary, AB
Attachments
Also forwarded after the fact to Finance Minister Bill Morneau and Ministers Ralph Goodale, Marc Garneau, Jody Wilson-Raybould and Diane Lebouthillier.
Emmett McFarlane said the Justice Minister is the best pick of Trudeau’s cabinet although he admits he will probably change his mind as Justice does things he doesn’t like. Hopefully one of the things they don’t do that he will not like is continuing to fight our lawsuit(I suspect McFarlane would be sympathetic to our cause).
https://twitter.com/EmmMacfarlane?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor
The full list of Prime Minister Justin Trudeau’s new 31-member cabinet, in order of precedence, sworn in today at Rideau Hall in Ottawa:
Justin Trudeau – Prime Minister, Intergovernmental Affairs and Youth.
Ralph Goodale – Public Safety and Emergency Preparedness.
Lawrence MacAulay – Agriculture and Agri-Food.
Stéphane Dion – Foreign Affairs.
John McCallum – Immigration, Citizenship and Refugees.
Carolyn Bennett – Indigenous and Northern Affairs.
Scott Brison – Treasury Board President.
Dominic Leblanc – Leader of the Government in the House of Commons.
Navdeep Bains – Innovation, Science and Economic Development.
Bill Morneau – Finance Minister.
Jody Wilson-Raybould – Justice and Attorney General of Canada.
Judy Foote – Public Services and Procurement.
Chrystia Freeland – International Trade.
Jane Philpott – Health.
Jean-Yves Duclos – Families, Children and Social Development.
Marc Garneau – Transport.
Marie-Claude Bibeau – International Development and La francophonie.
James Carr – Natural Resources.
Mélanie Joly – Heritage.
Dianne Lebouthillier – National Revenue.
Kent Hehr – Veterans Affairs, and Associate Minister of National Defence.
Catherine McKenna – Environment and Climate Change.
Harjit Sajjan – National Defence.
MaryAnn Mihychuck – Employment Workforce Development and Labour
Amarjeet Sohi – Infrastructure and Communities.
Maryam Monsef – Democratic Institutions.
Carla Qualtrough – Sport, and Persons with Disabilities.
Hunter Tootoo – Fisheries and Oceans, and Canadian Coastguard.
Kirsty Duncan – Science.
Patricia Hajdu – Status of Women.
Bardish Chagger – Small Business and Tourism.
I’m underwhelmed by Trudeau’s choices but we have to live with and work with whatever we’ve been given. I wonder if Trudeau will appoint a new Privacy Commissioner or will he stick with the dubious (or “spooky” as Mulcair described him) Daniel Therrien who he endorsed and approved of back in June of 2014? Our FATCA issue is all about privacy and we need a Privacy Commissioner who truly values that concept. Although Therrien spoke out against Bill C-51, he was ineffective. I’d like to see someone less conflicted than Therrien as our privacy watchdog because “as a government lawyer, he negotiated information-sharing agreements with the U.S. that previous privacy commissioners criticized.”
Re Bill Morneau, Finance Minister: http://www.cbc.ca/news/business/bill-morneau-finance-1.3303873
@calgary411
Any thoughts as to how to approach sending a letter to my new MP (or the person who’d be my MP if I had been allowed to vote as an expat), Bill Morneau?
The role of Finance Minister does not seem to be one of the official defendants in this case: Jody Wilson-Raybould and Diane Lebouthillier. However the role of Finance Minister–eg Morneau’s late, maybe or maybe not great, predecessor Jim Flaherty–seemed key in negotiating the IGA. Is there anything specific that Bill Morneau can do to help us–beyond generally putting pressure on Trudeau in his role as MP and cabinet minister? I will remind Morneau that even his Conservative predecessor admitted that Canada is not a tax haven–anything specific beyond that?
I want to get a physical letter in the mail today because I will be travelling for the next week or so and won’t get another chance for a little while to write.
Chrystia Freeland used to be my MP but moved to another riding as the boundaries changed.
@Don
My understanding is that they could give money to Canadian charities when they die and it would count against U.S. taxes. I suppose that this rule is to prevent people from getting credit for contributing money to sham overseas charities that benefit themselves, but Britain gives credit when living British taxpayers donate to U.S. charities, so it doesn’t seem fair.
His email address should be Bill.Morneau@parl.gc.ca. I forwarded the email I sent to Minister Kent Hehr and it hasn’t bounced back to me.
Sending Mail to a Member of Parliament
http://www.parl.gc.ca/Parliamentarians/en/members
The complete official list of elected Members of Parliament should be available on Monday, November 9, 2015, the last day for the return of the writs of election. A list of candidates and unofficial election results is available in the interim for your convenience under the tab “Electoral Candidates”.
For information on the election process, please consult the Elections Canada Web site.
To contact a Member of Parliament, please contact the Information Service at:
info@parl.gc.ca
Toll-free (Canada): 1 (866) 599-4999
Telephone: 1 (613) 992-4793
TTY: 1 (613) 995-2266
*************
Hon. Bill Morneau
Minister of Finance
Toronto Centre
Bill Morneau is an accomplished business leader who has been an active volunteer in Toronto Centre for more than 20 years.
When Morneau Shepell was founded, it employed 200 people. Under Bill’s leadership, it now provides meaningful, stable work for over 3300 families across Canada.Bill’s community service runs deep in Toronto Centre, where he works to support the arts, help street kids, and improve access to health care and education. He was Chair of the Board of St. Michael’s Hospital, Covenant House, and the C.D. Howe Institute.
Internationally, Bill founded a special school for Somali and Sudanese youth in an African refugee camp. Bill currently sits on the boards of St. Michael’s Hospital Foundation, The Canadian Merit Scholarship Foundation, and The Learning Partnership. In 2002, Bill was named one of Canada’s Top 40 Under 40. Bill studies retirement issues as a member of the Ontario government’s Pension Advisory Council and in 2012, he was appointed as Pension Investment Advisor to Ontario’s Minister of Finance. He has co-authored a book, The Real Retirement, and has authored numerous articles on public policy issues. Bill holds a BA from Western University, an MSc from the London School of Economics and an MBA from INSEAD.
Also from his Campaign site: https://billmorneau.liberal.ca/