CANADIAN FATCA LITIGATION UPDATE January 23, 2021:
LITIGATION PROGRESS: The Memorandum of Fact and Law (key arguments) has just been filed on December 15, 2020 (see our ADCS website). February 26, 2021 is the deadline date for Canada to respond with their Factum. Then we formally request by March 29, 2021 hearing date. Then, the trial and oral arguments. The slow litigation moves forward. All this likely to go to the Supreme Court. My (SK) personal guess is that the trial itself will take place autumn 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$52,434 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. 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.
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 the Federal Court decision to the Canadian Court of Appeal.
The grounds for appeal are focused on the loss of our privacy rights (Charter section 8).
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.
I agree with Ron: it’s impossible for many Americans abroad to switch to voting Republican this year. Not only have they (Republicans) done absolutely nothing on the issue (even with Mark Meadows, who held hearings on the issue when in the House, in the majority, and made us full of hope, now in the White House at the President’s side), but they have demonstrated a staggering incompetence in all matters of governance. And it is clear the President has no interest in any subject matter but himself. And of course there is the small matter of running an absolute sh*tshow of major league corruption, the demolition of important institutions, undermining US standing abroad, collaborating with hostile foreign powers to destabilize the elections, and a clear authoritarian anti-democratic tendency.
So the GOP is hopeless.
At least the Democrats have a vague idea that this is hurting people. Kamala Harris spent time in Canada as a child, but of course that is meaningless as neither Obama nor Ted Cruz, also politicians having spent time abroad, seemed aware of our predicament.
Therefore, indeed, we need to continue these fights from where we are, in Europe or Canada or elsewhere. I’ve given to Jenny and the Canadian challenge a few times, I will consider giving again.
Let me start by saying that I’ve donated to the Canadian lawsuit three times and to Jenny’s action twice. Times are increasingly tight and I’m increasingly disillusioned so I’ve become stingy in all my donations, including to long-standing regular giving to environmental groups.
That said, let me tell you why I plugged my nose, took a long, stiff drink, and sent in my vote for Trump (in a state where my vote won’t matter anyway, since it always goes Democrat). Fred talks about the current administration undermining US standing abroad. To me, that’s Trump’s second-greatest positive achievement. Isn’t that what we’ve all wanted, to expose the emperor’s new clothes, to get European and other leaders to rethink their habits of kowtowing to the mighty America at every opportunity? Is Trump’s clumsy bullying really any different than American’s regular underhanded bullying vis-a-vis FATCA and other issues? His style is simply more repulsive, which strips the niceties from America’s true nature. Finally there’s a bit of movement in daring to tax US corporations on their European operations, which the US hypocritically cries foul over. Maybe, just maybe, the current pique toward the US will make other governments slightly more willing to re-examine unbalanced agreements such as FATCA IGAs? If Trump is reelected, that could be the final straw that indirectly liberates us.
Then, speaking of authoritarianism, Trump’s key achievement in my mind is putting China on the defensive. Living in Asia, I can’t tell you how many times I was driven to nausea by pre-Trump appeasement and romanticism (and self-serving greed) guiding US policy toward the single biggest threat to the world, the Chinese Communist Party. And if you think that China is not a big issue, look what they just did to Hong Kong. Look at their insidious attacks on freedom of speech in the USA, Canada, and Australia, by using their money and brainwashed student lackeys and vast hacker armies to get universities and private businesses to silence criticism of China. Look at them “loaning” infrastructure money around the world, then repossessing entire ports, while decimating wild animals populations around the world to slide down Chinese gullets. Look at the Wuhan virus they gave us. No one previous to Trump ever had the guts to challenge China and push them back. He’s coarse, he’s vulgar, he’s a loose cannon…and that’s what has finally made Emperor Xi actually sit up and notice.
Trump has been exemplary in simultaneously taking both international bullies–America and China–down several notches. Biden will be another wishy-washy Obama. Expats will again resurface as the enemy and the easy-target cash cow to pay for this year’s huge stimulus payments. And China will meanwhile literally devour the world.
Just my calm, collected two cents. Sorry to go off topic. I do agree that lawsuits are our best course.
Way off topic Here’s hoping we don’t get any more posts about the pros and cons of voting for Punpkinhead or Sleepy Joe.
@Portland: Mea culpa. I intended to stay on topics related to FATCA and expats but got carried away. I will restrain myself.
Barbara — points well taken.