August 1, 2014 CANADIAN LAWSUIT UPDATE: Constitutional litigator Joseph Arvay retained [and $100,000 needed to keep litigation going until November 1, 2014]

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UPDATE August 1, 2014

We need $400,000 over the next 12 months to pay for the legal costs to take the lawsuit through the first court. THIS MEANS THAT $100,000 WILL BE REQUIRED ON NOVEMBER 1, 2014, February 1, 2015, May 1, 2015, and August 1, 2015 to keep the litigation going.

Some donations will also have to be set aside for other expenses including accounting and auditing fees as required by Corporations Canada. Later there will be new costs, not yet estimated, for the expected appeals and Supreme Court.

We may never receive any large “corporate” donation and this giving is really going to hurt, and then hurt a lot more. Our post will now provide weekly updates on remaining monies needed.

Past donors and never-donors: IF YOU WANT THE LITIGATION TO CONTINUE PLEASE DONATE TODAY by going to www.adcs-adsc.ca.

An accounting of all monies received and expended will be provided to Corporations Canada and posted publicly on the ADCS-ADSC website.

Our Constitutional litigator: In April of 2014 we announced our intention to proceed with litigation against the Government of Canada, challenging its right to enact the U.S. FATCA law on Canadian soil. As a result of your support, we are delivering on that promise.

The Alliance for the Defence of Canadian Sovereignty (ADCS-ADSC) has retained Vancouver B.C. constitutional litigator Mr. Joseph Arvay and his team at Farris Vaughan Wills & Murphy to represent us in the lawsuit.

Mr. Arvay previously provided the detailed opinion that forms the framework for our legal arguments. He has been counsel on landmark cases in the Supreme Court of Canada — a court he has appeared in dozens of times. In each of the years from 2010 to 2013 Mr. Arvay was named by Canadian Lawyer Magazine as one of the top 25 Most Influential Lawyers in Canada.

Some quotes from Mr. Arvay’s peers: 

In a case involving collective bargaining rights, Peter Hogg, one of Canada’s experts in constitutional law, said that he “was astonished when that case came out. I doubt that anyone but Joe could have persuaded the court that they had been getting it consistently wrong for twenty years.

Hogg also says “If Joe loses a case, which must happen from time to time, I think everyone will assume that there was just no way to win it.”

Retired BC Supreme Court justice Ian Pitfield has laughingly complained that “Joe is like a hard-fighting trout on the line. He has to be reeled in sometimes, in order for his enthusiasm to be kept under control.”

Recently Mr. Arvay received the Robert S. Litvack Award for his “exceptional public interest work and outstanding lifetime achievement” from the Centre for Human Rights and Legal Pluralism of Montreal’s McGill University. His acceptance lecture can be viewed here.

Our Board Co-Chair and Legal Advisor, Toronto lawyer Mr. John Richardson will interface with Mr. Arvay on behalf of ADCS-ADSC. Mr. Richardson’s 2014 submissions on FATCA and taxation of U.S. persons abroad to: the U.S. Senate Finance Committee, Government of New Zealand and the Government of Canada can be found here:

Many of you will know Mr. Richardson for his information sessions “Solving the Problems of U.S. Citizenship” which have been held throughout Canada and Europe.

The Board of ADCS-ADSC is grateful for your trust and support.

Without YOUR support this effort would not be possible. We have come a long way, but we have much further to go. Your continued moral and financial support is essential. We need your support of all types and in all amounts. We need you to spread the word in your community. We need you to recognize that each and every one of you has a role to play.

An American president was fond of saying:

“It is amazing what you can accomplish if you do not care who gets the credit.”

To understand why people worldwide support our effort, please read this submission by an innocent Canadian to the U.S. House Ways and Means Committee.

Stephen Kish,
Chair, ADCS-ADSC
Toronto, Canada

Lynne Swanson,
Chair, ADCS-ADSC Legal Challenge Committee
London, Canada

www.adcs-adsc.ca

Legality of US IGA’s Analyzed – and Debunked

It’s well worth reading some of the more recent posts and articles, to keep an eye on what is happening in the US regarding FATCA – as we’ve learned to our dismay, that what happens down there will ultimately affect what happens up here.

Forbes has published a piece by James George Jatras, in which he says.

“The trouble is, FATCA doesn’t authorize Treasury to make these agreements with foreign governments, nor are IGAs treaties that will be submitted to the Senate for advice and consent.”

Forbes: Unauthorized FATCA ‘Intergovernmental Agreements’ Are Part Of Obama’s Executive Overreach

Jack Townsend, on his blog ‘Federal Tax Crimes’, posted the letter responding to a US congressman question on whether the IRS/Treasury Dept can legally enter into these agreements with other countries.

http://federaltaxcrimes.blogspot.ca/2014/07/irs-letter-to-congressman-defending-its.html

And, finally, Allison Christian’s post analyzing the legality:

http://taxpol.blogspot.com.au/2014/07/irs-claims-statutory-authority-for.html

Although Ms. Christian’s post is speaking to the legality, it’s very readable and should make the signer of that letter, Alastair M. Fitzpayne. hang his head in shame for not undertaking the proper legal research. (That’s the charitable version, others think it was simply an out and out lie).

She says,

“Instead of citing non-existent statutory authority that is easily refuted by simple reading, Treasury should own what it is doing outright.”

Every day I am thankful we have such prominent, knowledgeable and well respected people shining the spotlight on FATCA and the IGAs.

 

CBT Human Rights Complaint – Signers Wanted

A group of writers from the Isaac Brock Society and Maple Sandbox blogs has prepared a document that challenges citizenship-based taxation (CBT) as a violation of internationally recognized human rights. This document will be submitted as a formal complaint to a major international human rights organization within the next ten days. Any readers who would like to support this effort by “co-signing” (having their names added to the list of those filing the complaint) should so indicate by sending an email to calgaryfouroneone@gmail.com. The Canadian writers of the complaint hope to make this a truly international effort. Bloggers from all over the world are welcome to lend their names to this historic document.

Signers should feel comfortable with using their own names (pseudonyms are unacceptable in this instance) and should provide their nationality &/or country of residence as well. Signers do not have to be US persons, just people who support the cause.

In order not jeopardize the success of our complaint process we are unable to publish the document itself at this time.

Again, if you’re interested in signing (with your real name), please send an email to calgaryfouroneone@gmail.com within the next 10 days.

Note: email address has changed

Lynne Blaze Had a Great Fall: July 28 UPDATE

July 28 UPDATE:

I spoke to Lynne today. She thanks everyone for their good wishes, but still is not feeling well enough to have visitors.

We all want her back with us soon.

July 25 UPDATE:

Many of you know that our warrior Lynne Blaze sustained a serious injury.

Lynne is still in an acute care hospital, will probably be there for awhile, and then will likely move to a rehab setting. I expect that she will return to us in about six weeks or so.

for lynne Lynne used many very colorful words to describe her situation in hospital, that I cannot repeat.

The nurses at the hospital refer to Lynne (who I have always described as “Kindly Lynne”) as “feisty.” Lynne herself explains to me that “My inner bitch has now come out!”

So, I send flowers — for Lynne

…or for her nurses…

 

She is the same Lynne again that we all know, and she knows that we all miss her.

You Can't DoPS: No, No, Lynne — not yet!!!

 

Stephen

Vancouver Sun: Metro Vancouver Woman Joins Movement to Drop US Citizenship

 

PatCanadian

Thanks very much, PatCanadian, for doing this interview!

Vancouver Sun: Metro Vancouver Woman Joins Movement to Drop US Citizenship

The author, Douglas Todd made contact with Pat, due to Pat having contacted the Vancouver Sun regarding their coverage of FATCA/US tax policy on Canadians. He also asked Pat if she could help him get in touch with other people affected by this – several other Sandboxers/Brockers have – and also at the end of the article asks people to get in touch with him.

I’m wondering (hoping!) that’s because he plans to do more coverage of this important issue. It’s a complex issue with several, if not many, facets. If you’d like to share your story, or general information about the issue, and/or suggest another article focusing on a specific aspect/s of the problem, it may well be worth getting in touch with him.

Solving US Citizenship Problems, Toronto- Beaches, August 25, 2014

Life planning, Career planning and the Reality of U.S. Citizenship for Americans Abroad including Life Preparation for U.S.Citizen-children of U.S.Citizens

These seminars will include discussion and analysis of the IRS “relaxed opportunities” for people to come into compliance.

It is estimated there are 7 million U.S. citizens living outside the United States. Some of these people don’t know that the U.S. may consider them to be citizens. The vast majority of these Americans abroad (according to U.S. law), are required to file tax returns and complete information reporting forms to the United States. Although “citizenship-based” taxation has existed for years, what is new is the enforcement. Continue reading