CANADIAN FATCA LITIGATION UPDATE September 29 2020:
LITIGATION STATUS: The Notice of Appeal has been filed. At present our lawyer is selecting the documents that will go into the Appeal Book. My (SK) personal guess is that the trial itself will take place during the first quarter of 2021.
DONATIONS ARE NEEDED TO FUND our lawsuit attacking the constitutionality, regarding autonomy, privacy, and equality rights, of the Canadian FATCA IGA legislation that was imposed by the United States on Canada. We want our sovereignty back.
You can DONATE by cheque and cash in the mail, PayPal (easiest) and transfers.
Our four ADCS Board members are John Richardson (co-chair and legal counsel), Patricia Moon (Treasurer), Carol Tapanila, and Stephen Kish (Chair).
— The FATCA Canada lawsuit seeks to strike down the FATCA IGA and enabling provisions of Canada’s Income Tax Act in their entirety. The ligitation began in 2014 and is now at the Canada Federal Court of Appeal stage — likely to be resolved at the Supreme Court.
— The Alliance for the Defence of Canadian Sovereignty and Plaintiffs Gwen and Kazia have met the first installment milestone (C$45,000) for legal costs (Canadians and International Supporters, thank you for your support!) and we now estimate that we will need a further C$55,838 to cover remaining expenses.
ADCS Legal Advisor John Richardson says: “The Government of Canada’s lawyers are openly justifying FATCA and the FATCA IGAs in order to pacify the United States which is (at least at present) a Foreign Government. The purpose of the Charter of Rights is to protect individuals from the Government of Canada – not to protect the Government of Canada from other countries. By funding the FATCA Canada lawsuit, you are sending a clear message to the Government of Canada that you will not allow them to surrender Canada’s sovereignty to the United States.
Embee says: “This lawsuit may have been overshadowed by these trying times but it’s still important to assert one’s right to justice and plead for common sense to prevail in whatever form US bully boy tactics threaten our well-being”
Justice Mactavish, in ruling against us in Federal Court, said that it is “important” to avoid consequences threatened by the U.S. But we say not at the expense of our Charter rights.Please help end one of the FATCA compliance laws that impact on all of our countries.
CBC says that, for 2018 tax year, information on 900,000 financial records of Canadian residents was turned over by Canada to U.S. IRS because of the Canadian FATCA law. Gwen and Kazia, two Canadian citizens having no meaningful relationship with the U.S., are appealing on your behalf two Federal Court decisions to the Canadian Court of Appeal.
The grounds for appeal will include violations against their autonomy (Charter section 7), privacy (8) and equality (15) as well as arguments that the ruling was improperly based on the finding that the Income Tax Act is primarily regulatory in nature, and that factors such as the relationship between Canada and United States were not properly dealt with. Fleshed out details of appeal grounds will be provided in the Factum, now likely late in 2020.
Gwen and Kazia ask for your help in paying for the legal costs of the appeal.
If you feel that the FATCA IGA is not good for Canada or for your country PLEASE DONATE.
Appellants and the Alliance for the Defence of Canadian Sovereignty thank you for your past support. SEE OUR WEBSITE FOR MORE DETAILS (ADCS-ADSC).
You can SEND DONATIONS by cheque, cash, PayPal (easiest), and transfers.
For more details see: Alliance for the Defence of Canadian Sovereignty
Am a proud sponsor of this effort via a recent donation:
FATCA – was signed by Canada (& many countries around the World) under duress due to a financial industry wide threat of a 30% sanction! Outrageous under international law! It was negotiated by the treasury department and even Senator RAND Paul try to repeal it citing the fact that it was not ratified by the US Senate, as all international governmental agreements are required to be under the US Constitution! AM A PROUD SPONSOR AND HAVE DONATED TO THE CANADIAN FATCA LITIGATION APPEAL!
A contribution will be winging its way soon.
No Security Council seat either . Canada is neither a peacekeeper nor a donor but simply a US puppet stste in all things international ,as well as national.
One of the problems with giving Canada a seat on the Security Council is that it’s really just giving the United States another seat.
Actually, more than another, the US already owns the UK.
I so want to donate but am in my 5th month of losing a third of my monthly income. Not as bad as the hit many have taken but plenty big.
@ Japan T,
I know you’ve been in a tough situation even before the pandemic and I *really* hope things pick up for you. Thanks for your support, even though you are not able to make a financial donation at this time.
Not sure where to post this so Administrator please do your thing.
Taxation of non residents is an absurdity. I hear that California is now so desperate for additional tax revenues whilst seeing an increasing exodus of the tax paying base that it is now proposing to tax folks (on a sliding scale) for 10 years after their date of departure. I don’t have a link but perhaps others have one. Any light switches turning on?
People have to ask. What is justice anymore? When our country’s leader, finance minister get away with theft and fraud, justice no longer exists. We have known this for years now and with Trudeau.s lies in his response to Blaze’s letter, we have lost all confidence and trust in our leaders. They lie and steal and never go to jail like you and I would if we did the same. Trudeau can stonewall an RCMP investigation to protect himself. Our judges can be politically swayed in their decisions and put the people last. I personally have lost every ounce of trust in any of our officials. I wonder if this is how a country comes to an end.
Vote for a strong, authoritarian leader who has not been tainted and corrupted by years of working within the political system. A leader who believes in common sense and speaks for the common peopl.
That generally works out super well…
Easy for our lying government officials to say this regarding Saudi Arabia…. A spokesperson for Public Safety Minister Bill Blair declined to answer questions about the new allegations and directed Global News to a previous statement from the minister from Aug. 6.
“While we cannot comment on specific allegations currently before the courts, we are aware of incidents in which foreign actors have attempted to monitor, intimidate or threaten Canadians and those living in Canada,” Blair said. “It is completely unacceptable and we will never tolerate foreign actors threatening Canada’s national security or the safety of our citizens and residents.” I wonder if they are talking about our lawsuit??
Today a donation was received from a longest-term supporter who sent a nice card with a picture of a very comfortable green chair.
Here is a link disclosing the original “green comfy chair” that was mentioned on this Brock website back in 2013.
https://isaacbrocksociety.ca/2013/11/26/td-vows-to-make-fatca-a-comfortable-experience-for-impacted-customers/comment-page-1/
Do you have a link to the article? I can’t find it, but I may be blind….
Meanwhile, for years now, the USA has set itself up (via more rich scumbag cheats like Rothschild) as a tax (cheat) haven in order to suck more int’l money to the US:
https://tinyurl.com/yxbxf7d2
Article link expires in 14 days.
@Tracy:
https://www.bloomberg.com/opinion/articles/2020-08-31/why-thousands-of-u-s-expats-are-renouncing-their-citizenship
Here is the 9/5/2020 Toronto Star article on why those “Americans in Canada” need to vote in a foreign (US) election:
https://www.thestar.com/news/world/2020/09/05/us-get-out-the-vote-efforts-reaches-out-to-canadian-residents-and-donald-trumps-fate-might-be-at-stake.html
Republicans Overseas has a tough sell with this election. They are basically asking Canadians to vote for Hitler despite knowing full well that there won’t be political relief on FATCA and CBT, given that it never happened when the GOP had both houses of Congress for two years after 2016. On this issue at least, Democrats aren’t making promises they have no intention of keeping.
I donated, again. Where are the people with money? I made 12k last year, AUD.
COME.ON.PEOPLE!
You can drop 50-100, easy!
I have donated four times to Jenny’s appeal in the UK, I’m afraid that’s got to come first.
But I share the frustration that so few are prepared to get their hand in their pocket even if it’s only a few bucks. It’s notable that French efforts seem to raise the most, another ID card country.
I too have donated to Jenny’s appeal in the UK. But yes I do also feel the frustration.