$62,135 needed in 28 days (four weeks) to make the $100,000 August 4 2015 (our Federal Court day in Vancouver Canada) legal fee payment for Canadian FATCA IGA lawsuit/ Il nous reste 62,135 $ à ramasser pour notre poursuite judiciaire

Featured

UPDATE JULY 7 2015: 28 DAYS TO MAKE $62,135 OF THE $100,000 AUGUST 4 LEGAL FEE PAYMENT

PLEASE DONATE to www.adcs-adsc.ca (ADSC en français). You can SEND DONATIONS by cheque, cash, PayPal, and transfers. SEE ALSO LITIGATION UPDATES

INCLUDED WITH THIS WEEKS’S EMBEE FAMILY DONATION THERE WAS A NOTE:

“…Here I am tossing everything I can into the ADCS pot and thinking that when it comes down to that last week I’ll probably be wishing I had held something back to toss in then too. Now or then or both, the important thing is that ADCS is able to pay that final installment in full… so now it is.

…Although our donations are being sent on their way on the day after Canada Day they are still an expression of our enduring dismay and anger that the government of Canada betrayed Ginny, Gwen, and all of us and drove another knife into the heart of Canadian sovereignty when it agreed to let the inevitable FATCA pillage begin in July 1, 2014,

I don’t know what the coming month will produce in the way of ADCS donations although I expect it will get tense as the final days count down. I can only hope that funding and the court proceedings will go well and I’ll certainly be watching your updates closely.

My husband and I are proud to be among the supporters of this historic effort to obtain justice for Ginny, Gwen, and all FATCA affected Canadians.

Best wishes,
EmBee”

AUGUST 4-5 TRIAL UPDATE: Our SUMMARY TRIAL will be held at Federal Court, 701 West Georgia Street, Vancouver, British Columbia, commencing on Tuesday, August 4, 2015 at 9:30 a.m. for two days max). Email patcanadian2015@gmail.com if you will attend trial (alias is fine). Pat’s suggestions: lodging and for restaurants.

YOU ALREADY DONATED $435,000 FOR LEGAL FEES BUT WE NEED $62,135 MORE TO MAKE THE $100,000 AUGUST 4 PAYMENT FOR GINNY AND GWEN’S FATCA IGA LAWSUIT.

— PLEASE DONATE to www.adcs-adsc.ca (ADSC en français). You can SEND DONATIONS by cheque, cash, PayPal, and transfers. Vos dons de $ 25 sont utiles.

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. See Alliance’s Claims, our Alliance blog, and AUGUST 4-5 SUMMARY TRIAL FILINGS in LITIGATION UPDATES.

— Only a handful of people were willing to be plaintiffs. Plaintiffs Ginny and Gwen of Ontario, Canada, accept high personal financial risk including possibility of personally paying portion of Government legal costs if we lose lawsuit.

Continue reading

Message in a bottle 2: Democracy, the Appointment of Judges and the Canadian Charter of Rights

cross-posted from the Alliance for the Defence of Canadian Sovereignty WordPress Blog.

by John Richardson
 

 

Introduction – The role of judges in a democracy with constitutionally protected rights

In “Message in a bottle (or from my basement)” I discussed why “freedom” and “democracy” are not the same. I also described the differences between constitutionally protected rights, common law rights and legislative rights.

The message was:

Constitutionally entrenched rights are necessary to protect certain minority interests from the tyranny of the democratic process. Canada’s “Charter of Rights” is a set of “constitutionally entrenched rights”. The effectiveness of a Charter of Rights is determined by the interaction of three groups of people:

First, the general public

Yes, individuals must have the courage to stand up for their rights. They must have the conviction to use the courts. I recognize Gwen Deegan and Ginny Hillis as courageous Canadians. They are strengthening Canada’s Charter of Rights by pursuing litigation against the Government of Canada. It doesn’t take a hero. But, it does take courage.

The truth is that:

All Canadians will benefit by our FATCA lawsuit initiated by Gwen Deegan and Ginny Hillis.

Second, the legal profession

The fact is that most lawyers are absolutely useless when it comes to defending individual rights. Absolutely useless. There are exceptions. Obviously our lawyer, Joe Arvay has a long history of Charter litigation and is an exception. We are proud to have him as our litigator in our FATCA lawsuit. Mr. Arvay has made a huge difference in the lives of Canadians.

But, speaking of lawyers who have made a difference, I can’t resist mentioning Toronto lawyer Rocco Galati – who Globe and Mail journalist Sean Fine, recently referred to as “the unofficial opposition“.

Third, the judges and the courts

Courageous plaintiffs and principled lawyers are not enough. The protection of individual rights requires a strong independent court composed of judges who are INDEPENDENT of the government. Few people realize how important judges are. Few people realize that the most “enduring” things that governments do is to appoint judges. Governments can leave their legacy through their judicial appointments.

At the present time, Prime Minister Harper has appointed (are you ready for this) seven of the nine judges of the Supreme Court of Canada. Yet, the Supreme Court of Canada has consistently ruled against the Harper government.

In a democracy, with constitutionally protected rights, judges can and do protect individuals from tyrannical democracies. It appears that the Supreme Court of Canada understands its proper role:

And this is why:
Continue reading

Message in a bottle (or from my basement): Why a Charter of Rights is necessary to protect freedom from democracy

cross-posted from Alliance for the Defence of Canadian Sovereignty

With all the abuses of late, of the Harper government (Bills C-23, C-24, C-31 & C-51), it’s no small wonder Canadians are looking to the Charter of Rights and Freedoms as the only way to protect ourselves.

I came to Canada in January 1982, right when the Charter was being drafted. I had no idea really, what it meant; I couldn’t conceive of the idea that Canada up until that year, did not have a Constitution. But being new and caught up in trying to adjust and so on, I paid virtually no attention to what was going on. Little did I realize how important this Charter-thing would become in my own life some thirty-plus years later.

And at the time the Charter was being written, John Richardson was totally immersed in the whys and whats and how the Charter should be applied; this post is a testament to how much it has influenced his life, long before the IGA came to town.

Enjoy!
 
by John Richardson

The above tweet references the following comment at the Isaac Brock Society site from Jefferson B. Tomas. He writes:

@Bubblebustin @Petros @US_Foreign My criticism of the Federal Council applies to every government that accepted an IGA and did not protect its bone fide residents and citizens. Protection of fundamental rights for minorities even in a majority-rule democratic system is part and parcel of modern democracy. These leaders shirked their responsibility, and that goes for all of the countries. And it goes for the entire government. For example, even if it was Widmer-Schlumpf who was in charge of the negotiations, it was up to the entire Council to ensure that what she did would not violate constitutional rights. We can sing “They don’t really care about us” referring to all the other governments as well. We’re too risky to stand up for, so they think, but if many of them had, it would have held.


Freedom and democracy are NOT the same thing

There are many who equate a democratic society with a free society. This is incorrect. “Democracy” is a mechanism to exercise the power of government. If unchecked a democratic form of government (based on voting and possible majority rule) can restrict the most basic and fundamental rights of a minority. A Charter of Rights exists to ensure that, with respect to certain fundamental values, the majority cannot use the political process to undermine certain rights of a minority group. The Harper Government used their majority in the political process to deny rights to one prevalent minority group – those with a U.S. place of birth. Those who doubt this should watch the videos of what took place in House Finance Committee hearings on FATCA.

The FATCA IGA and Bill C – 31 demonstrate the importance of a Charter of Rights

The familiar video referenced in the above tweet is an example of the political process in a DEMOCRACY  overriding the liberties/freedoms of a minority group. Most of you have seen this video. I suggest you watch it again.

This video demonstrates how the DEMOCRATICALLY elected Government of Canada simultaneously:

1. Stripped one specific group of people (based on he immutable characteristic of place of birth) of it’s constitutionally protected rights in a way that;

2. Then imposed mandatory discrimination on that specific group of Canadians, PURSUANT to DEMOCRATICALLY enacted laws.

3. Allowed  the Charter rights of individual Canadians (AKA people) to be overridden by the desires of Canada’s banks (which do NOT have Charter protected rights); and

4. Surrendered the sovereignty of Canada to a foreign government.

(Although beyond the scope and intent of this post, this also raises issues of the “first past the post system” which in many cases leads to “majority governments” with a minority of the vote. But, I will leave that for another day.)
Continue reading

FATCA – One Year Later

Trish Moon & John Richardson review FATCA IGA and its impacts on Canadian citizens and the economy. Interview June 30, 2015.

‘Twas the Night Before FATCA

John Richardson, Peter W. Dunn & Trish Moon discuss the last night of Canada as free from FATCA.  Interview June 30, 2014

 

Help Make Canada Strong and Free Again

Canada Day is just a few days away. It marks the first anniversary of the day we officially became second class Canadian citizens.
Strong and Free
We need to help make Canada Strong and Free again.

As EmBee has said, the best thing we can do for Canada Day is to donate. I just sent a donation for $148 to honour Canada’s 148th birthday.

With glowing hearts we see thee rise,
The True North strong and free!
From far and wide,
O Canada, we stand on guard for thee.
God keep our land glorious and free!
O Canada, we stand on guard for thee.

Please give Ginny and Gwen the best Canada Day birthday gift. Donate to ADCS now.

Stand on guard to keep our land glorious and free. Help make Canada strong and Free again.

Harper’s C51 Mission: Destruction of Charter

I debated whether to post this article by Michael Harris here. I decided there is a disturbing similarity to what we have been through and the horrific implications of C51.

In C51 will remake Canada in Stephen Harper’s Image, Michael Harris writes:

After ten years of governing by stealth and lies, Stephen Harper has finally laid his vision for Canada on the line. It’s Bill C-51.

This is Harper’s “War is Peace” moment. If anything can bring his decade of division, deception and deconstruction to a merciful end, it will be this piece of democracy-killing legislation.

Harris also says:

How can there be unfettered sharing of information between departments of government without massive and illegal privacy violations? With foreign governments involved, how in the world do we avoid another Maher Arar? If Harper is returned to government armed with C-51, his security, police and intelligence apparatus will be virtually above the law.

Harper already thinks he is above the law. He just changes it when it does not suit him–sacrificing the constitution, Charter, rights and democracy

Harris calls C51 “a manifesto for a police state”

Here’s what Harris says about C51 and the Charter:

Lurking behind this monstrous bill is Stephen Harper’s broader mission: the destruction by other means of the Canadian Charter of Rights and Freedoms.

The question needs to be asked. How did a piece of legislation that has raised the ire of four prime ministers, five former Supreme Court justices, First Nations Chiefs, the 36,000 lawyers of the Canadian Bar Association, 51,000 members of the Postal Union and even former CSIS agents ever make it out of the Department of Justice, let alone through the House of Commons?

The answer is simple. It emerged for the same reason that half a dozen other bills that were struck down by the Supreme Court did: federal lawyers in Justice didn’t care whether the bills were consistent with the charter.

This my friends is what Stephen Harper meant in 2006 when he said “You won’t recognize Canada when I’m through with it.”

He kept that promise. Which is why we have FATCA and C51.