As part of our FATCA IGA litigation in Canada’s Federal Court, Our three Plaintiffs previously provided financial information to the Government lawyers on their accounts. However, Government submitted a motion to compel Plaintiffs to provide additional very detailed financial information.
Our litigators felt that this request was unnecessary and unreasonable — and resisted the motion; however, the Case Management Judge sided with Government and ordered today, on May 31 2017, Plaintiffs to provide further documents.
Plaintiff Gwen responds to court order: “If the nosy-ass government hacks feel that they will find something that they didn’t know before, they will be sorely disappointed and this changes nothing other than to piss us off even more…”
Plaintiff Ginny comments: “I am disappointed with the decision that permits the government to invade our privacy in further minutia. This power play demonstrates to me that the government has no respect for privacy principles and will do everything possible to uphold their decision to support FATCA, and the importation of US law into our sovereign nation.
Their choice to ask for costs is another clear warning to discourage any citizens wishing to challenge unjust legislation. However, the three of us remain undeterred in seeking justice for all of us affected. Once again, I rely on my family motto: don’t let the bastards get you down.
…I find this very distressing on many levels,not the least of which is how difficult, within the time constraints it will be to find and collect these many documents. If they are looking for proof of harm (which I agree with those that say it is irrelevant) they have just caused it with this outrageous demand.
…The other thing that makes me furious, is that this is also a deep invasion of my husband’s privacy, as a lot of information I will have to provide is jointly held. He who was born untainted in Canada. I feel like I am betraying him. The irony is that the more we are harassed by the government, the more determined I am to keep fighting for our rights…
If anyone is looking for a weight loss diet, I can recommend being a plaintiff…”
Plaintiff Kazia says: “Although I am disappointed with this outcome, I am hopeful that these next steps, however uncomfortable, will get us even closer to ultimately achieving a positive resolution in our favour. We will stand up for what is right.”
The documents that now must be turned over are:
Every document that reveals the nature and content of the following financial vehicles that the plaintiffs currently hold, or held after January 1, 2014 (domestically or otherwise):
o All bank accounts
o All mutual funds
o All brokerage and investment accounts, and
o All insurance accounts or plans that have cash value, such as life insurance contracts or annuities (including but not limited to whole and/or universal life coverage, etc.)
– With respect to the 2014 and 2015 taxation years:
o Filed T1 tax returns
o T2 tax returns in respect of any businesses that the plaintiffs own or control, and
o Any related documentation, slips or schedules
The Court also requested more “particulars” on the Claim.
These include:
Each type of physical harm the Plaintiffs allege as been suffered; or will for certain be suffered if the impugned provisions remain operational by any one of them or by anyone else, as a result of the impugned provisions;
All mental or psychological harm the Plaintiffs allege has been suffered; or will for certain be suffered if the impugned provisions remain operational; by any one of them or by anyone else, as a result of the impugned provisions;
All financial harm, loss, or damage that the Plaintiffs allege has been incurred; or will for certain be incurred; by any one of them or by anyone else, as a result of the impugned provisions.
In addition, Court ordered Plaintiffs to pay $2500 in costs for the motion.
Plaintiffs do not have to pay these costs if we ultimately win the court challenge; however this order emphasizes again the personal financial risks Plaintiffs have undertaken on behalf of Canada and Canadians.
The Court has given Plaintiffs 60 days to provide the information and ordered that Government complete examinations for discovery within 45 days of the latter.
Canadian FATCA IGA lawsuit update: We lose a Motion and Plaintiffs lose more of their privacy.
This gives us all another OMG moment! It is really rotten on the part of the government and government litigators to take this position, invading the rights and privacy of the plaintiffs even more.
I think, as well, we need to keep in mind that the United States government is the ROOT CAUSE of all this evil. It is imposing financial black mail on Canada and other countries around the world with FATCA. Canadian government and other governments worldwide, however, are guilty of not standing up to this.
Gwen, Ginny and Kazia have our support with this lawsuit.
What’s with the judge?
Trudeau’s government is just as despicable as Harper’s. Sad news.
Yes, another OMG moment built on each of my other OMG moments, one such when Finance Minister James Flaherty seemed to change (or perhaps had been coerced) into what he said about the US’s FATCA and defining *us* as *Americans who happen to abide in Canada*. Thus, second class to any other Canadian citizen, no matter where that person or his parent(s) was born, discrimination by national origin not applied to others who chose to become citizens of Canada. I, perhaps not others, consider this, the act of our government representatives, ultimate cowardliness in not being able to stand up to the US and protect the very sovereignty of our borders and Canada’s citizens’ protection under the Canadian Charter of Rights and Freedoms. Betrayal.
(Here is a look back, a page with links to submissions of many of us still here to the Conservative Government before they buried deep in BILL C-31, omnibus as the US bill that birthed FATCA, AN ACT TO IMPLEMENT CERTAIN PROVISIONS OF THE BUDGET TABLED IN PARLIAMENT ON FEBRUARY 11, 2014 AND OTHER MEASURES, the Liberals at that time opposed in sharp contradiction to their stand now: http://www.ourcommons.ca/DocumentViewer/en/41-2/FINA/related-document/6526468.)
Yes, our brave plaintiffs have always my / our support in objecting to their further loss of privacy.
Why can’t the government get this information directly from the plaintiff’s banks and the CRA? Oh, they’d need a court order? *Irony*
I forgot to ask if the $2500 was total cost or per plaintiff should the other side win. Also, why would they have to pay so much for a “motion”? Seems to me that this is all about money and finding out how much each plaintiff has to be stripped of.
This is disgusting! It makes me mad that this judge added insult to the injury our plaintiffs already face because of FATCA. Could this judge not see that these are three people who greatly value their privacy and to probe even deeper into their lives is actually quite abusive? How would this judge feel if all his/her bank account details and Canadian tax forms were revealed in this manner? Could our plaintiffs include the burden of fulfilling the overreaching demands of this motion as part of their mental or psychological suffering? They are being treated as if they are the accused when it is the Canadian government which should be held accountable for abbrogating its duty to uphold the Canadian constitution.
I have to pay part of the expenses of the US Department of Justice for them to prove that 26 USC section 7433 doesn’t provide relief to victims of IRS employees embezzling and corruptly altering IRS records pertaining to collection of payments originally legally collected by withholding.
Good to see that the American System of Justice is alive and well in Canada.
Disgusting travesty. This data is irrelevant to the issues being litigated in my layman’s view.
Jan,
The $2500 cost is the total cost for the Plaintiffs. You can imagine how prospective plaintiffs I spoke to reacted when I explained that they would personally be subject to part of the costs. Ginny, Gwen, and Kazia are very special.
I am no way a legal expert, but perhaps a modest silver lining might be that if we win at the Federal Court level, Government cannot come back in an appeal and argue that the decision would have been different if it had this additional (I think useless) financial information from our Plaintiffs.
Seems to me that the government just wants to wear the plaintiff’s down. Thank goodness we have the ones we have and they have each other.
In any lawsuit between justice and Justice, Justice wins because justice can’t get a lawyer.
This is clearly an attempt to intimidate the Plaintiffs.
So sorry to hear that the court is continuing the financial abuse of the plaintiffs started by the US government and agreed to by the Canadian government. I’m thankful for the resolve of the three plaintiffs, and hope they are drawing strength from the support shown here.
Very disturbing decision. I sure don’t see a logical nexus no matter how I try to wrap my head around it. This data just doesn’t seem relevant, more like harassment or something, IMO. Thanks, as always (but especially tonight), Ginny, Gwen and Kazia, for being our plaintiffs and count on my support all the way.
If there was ever any doubt as to who calls the shots and pulls the strings, it is clearer now than ever that we do not run our country nor do those we elect run our country. The PTB took over Canada in 1974 when Trudeau Sr. GAVE AWAY Canada’s public bank, for the benefit of all Canadians and gave it to a private bank owned by 5 individuals. They already owe us 2 Trillion dollars stolen from Canadians and they have no intention of stopping the fleecing of the sheep.
This is intimidation and bullying by the Canadian court and our own Canadian government worthy of Nazi Germany.
Our faith is in our legal team and our plaintiffs. Standing strong and firm with backbones of steel, we know they will go the the full measure. That little milquetoast Jr. needs a serious lesson in sovereignty.
AND The Charter of Rights and Freedoms.
@FuriousAC
Who are the 5 individuals?
The Council of Canadians Halton Chapter to Challenge Trudeau’s Proposed
Infrastructure (privatization) Bank
https://canadians.org/blog/halton-chapter-challenge-trudeaus-proposed-canada-infrastructure-privatization-bank#.WS8zZx0MBq4.facebook
@ Tim
I think you’ll find 5 of them in this article:
http://www.globalresearch.ca/the-federal-reserve-cartel-the-eight-families/25080
What does this additional financial information have to do with anything? Either FATCA and the IGAs are against Canada`s Charter of Rights or not! One doesn’t need ANY financial information for that decision- the answer is in the different treatment of Canadian citizens.
This is insanity.
I think it is to bide time in the hope that Trump might repeal FATCA?
@Tim.
“Who are the 5 individuals”
Rockefeller, Rothschild, Morgan, et al. Among others. The International Bank of Settlements is a private bank and it is owned wholly and completely by 5 families. They are connected worldwide with the Fed Reserve ( which is also a private bank. Notwithstanding it’s name, it has nothing to do with the Federal government nor is it in any way ‘reserved’ unless you want to call their private fleecing of the entire world , especially the US as ‘reserved’ for their personal enrichment)
And all this talk of forming a Infrastructure bank is all smoke and mirrors. They want you to believe that we do not already have a infrastructure bank. We do. It is called Bank of Canada,( now illegally in the hands of foreign private individuals) When Trudeau was asked when elected if he would be dropping the lawsuit to get the Bank back in Canada’s control, he feigned ignorance, yet ordered gov lawyers to go forward with the case rather than dropping the suit) The suit has been in litigation for over 5 years at great taxpayer expense and the entire suit is to force the government to obey the law!! That law states the Bank of Canada belongs to Canadians and is not to have ever been ‘given’ to foreign private individuals who take the money at 0 % interest and loan it back to us AT interest. ( at current count, over 2 Trillion dollars that belongs to Canada)
The thief steals the wallet , takes the money , then loans the victim his own money at bloated interest rates.
And Trudeau continues to blather in Parliament about forming a Infrastructure bank.
How many ways can the criminals screw ya? Bend over and find out!!
( the link from Sid is a good article with detailed information. IF anyone wants to know how this all came to be, the book, The Creature from Jekyll Island by G. Edward Griffin is a good place to start)
and then there is the YouTube video regarding Jekyll Island:
It goes without saying that many of us abroad, sitting in the sidelines, totally rooting for you, admiring the tenacity of the plaintiffs and enjoying access to this site are ready to donate again if necessary. THANK YOU ALL.
You cant win this lawsuit. If the federal government can break the law and never stop they have already told the judge to make sure we lose regardless. It’s done before it started. The Cdn government is more crooked then the worse drug dealer you have ever seen.
Can someone answer something for me. When the United States threatens with the 30% witholding tax
why dont Cdn banks threaten to withold 35% on any Foreign Bank if they withold on them. And let every European bank withold 50% on the U.S. Maybe when they see they are losing 10-20% more they will stop.