FATCA lawsuit filed in Federal Court of Canada: $62,177 NEEDED IN ONLY 62 DAYS to continue litigation


UPDATE August 30, 2014

FATCA agreement lawsuit filed on August 11, 2014 in Canadian Federal Court. The Plaintiffs are Ginny and Gwen. See the Claims. See also our press release.

ThermometerAUG29_50WE NEED $62,177 BY NO LATER THAN NOVEMBER 1 TO KEEP LITIGATION GOING UNTIL JANUARY 31, 2015 (Donations of ANY amount welcome).

DONATE to www.adcs-adsc.ca. [Thanks to today's first ever (?) donor from Wales!]

Plaintiffs Ginny and Gwen rely in part on Section 15 of Canada’s Charter of Rights and Freedoms:

…which states: “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability”.

—The Impugned Provisions create a distinction between citizens and residents of Canada who are US Persons and those who are not.

Who are the Plaintiffs?

Ginny and Gwen are Canadians. Both were born in the United States but left at age 5 to live in Canada. Ginny is a retired lawyer and Gwen is a graphics designer. They have never held a U.S. passport or developed any meaningful relationship with the U.S. (See also Claims). They have always considered themselves to be: Canadians. You would like them. Ginny and Gwen are not IRS compliant. They are resistors.

The RISKS Ginny and Gwen have accepted ON OUR BEHALF include:

—Public exposure of name, and possibly those of family members, and details of private information about finances and other personal information.

—Cross examination by hostile Government of Canada lawyers.

—Disclosure of IRS non-compliance to the IRS.

—Should the Plaintiffs be unsuccessful in the litigation (a possibility) the court may order Ginny and Gwen — personally — to pay a portion of the Government’s costs. [Because we are all in this together, we need to raise the necessary monies through donations to cover these costs.]

An Editorial in The Windsor Star (her home town in Ontario) has this to say about Ginny:

The Star’s view: Ginny Hillis is a bureaucracy-fighting hero

“Let’s hear it for Ginny Hillis, a 68-year-old retired Windsor lawyer who this week told both the IRS and Canada Revenue Agency to pound salt.

She and a woman from Toronto have done what no politician in this country has had the guts to do, which is tell the U.S. government it has no right to know anything about the personal finances of those born stateside but legally residing here….

…Now Hillis has taken matters into her own hands in a case filed by the Alliance for the Defence of Canadian Sovereignty against the Attorney General of Canada.

Not only do we hope she wins, we hope others support her in the cause.”

Co-Plaintiff Gwen’s comment in the Windsor Star:

“I am the “other woman in Toronto”, Ginny’s co-plaintiff, and you have hit the nail on the head. She is a hero and we thank you for this fantastic coverage. This is one of the most refreshing articles about this issue to date…”

The Government of Canada response to the Plaintiff’s Claims:

“The Government is confident that the legislation in question is constitutionally valid,” according to finance department spokesperson Jack Aubry. “The Government is prepared to defend the legislation in court.”

Our Constitutional Litigator: Continue reading

Renunciation Costs To Soar

If this report in Diplopundit is accurate, the cost to renounce U.S. citizenship will soar from $450 to $2350.

The percentage increase in the renunciation fee is 422%. With an estimated 2,378 annual renunciation of citizenship cases, this increase would net the USG an estimated $4,518,200. Using the projected FY 2014 workload, Consular Afffairs’ estimated change in annual fees collected for affected consular services is $64,003,862.

U.S. Department of State is expected to justify this with this statement:

The CoSM demonstrated that documenting a U.S. citizen’s renunciation of citizenship is extremely costly, requiring American consular officers overseas to spend substantial amounts of time to accept, process, and adjudicate cases.

Hmmm. I seems no one thought of another solution. Make the process easy. Allow it to be done via mail like Canada and many other countries do.

is european fatca next?

is a european fatca next? a newspaper in lebanon is reporting european states may bring in their own version of fatca.

Some bankers have said that European states are expected to follow the example of the United States and ask their citizens abroad to disclose their bank accounts to European financial authorities in a bid to combat tax evasion.

wait. those countries do not tax their citizens living abroad. but, of course, we know fatca is not about taxes. it is about power and control through information and threats.

Concern from a Wild Rose Constituent re: FATCA/IGA

Today I emailed the following letter to my MP - Blake Richards Member of Parliament (Wild Rose Alberta).

Dear Mr. Richards

In the past month I have done two things you should know about, as my elected Member of Parliament:

1. I donated money to help fund a lawsuit against my own government to protect my rights as a Canadian citizen.
2. I vowed never to vote Conservative again.

As my elected official you should know that I believe that my government has taken the easy way out by placating the United States, and the big banks, rather than standing up for individual Canadian rights. And the consequence of that is the loss of my vote, and something I would never have thought feasible – my donation to a lawsuit to challenge my own government.

As a member of the Standing Committee on Public Safety and National Security, you should know that millions of Canadian citizens are now at risk for identity theft. As of July 1st, Canadian banks are forced to send the private information on ‘suspected US persons’ bank accounts, and those of their spouses and business partners, to the CRA. That information will then be sent on to the IRS, which has been repeatedly in the news about security breaches.

Are you not at all concerned that a foreign government will have the personal information on millions of Canadians?

Are you not at all concerned that millions of Canadians are at risk to have large financial penalties imposed by a foreign government?

Are you not at all concerned that millions of Canadian will have to take the onerous steps to relinquish or renounce US citizenship, creating a drain on finances, as well as health?

Are you not at all concerned that respected and renowned Canadian lawyers believe that the FATCA IGA is in violation of Section 15 of our Canadian Charter of Rights and Freedoms?

Mr. Richards, I am writing to you, not only to express my concerns, but to give you an opportunity to tell me what you are doing to protect the rights of Canadians in your constituency from a foreign government. If you want a chance to win back a voter, this is the time – tell me how you will protect Canadians like me – law abiding, tax paying Canadians – from the might of the United States government who are enforcing their laws in my country.


Outraged Canadian

Non-US Accounts Being Reviewed in UK at the Expense of Non-US Persons

“Some individual customers are being contacted by their banks or other financial providers if, for example, they appear to have links with the US or own property there. But tens of thousands of other families are beginning to receive letters, and invoices, simply because they have established run-of-the-mill family trusts.”

The family in the article owes at least $635 CDN plus VAT. This is beyond outrageous. At what point will people begin to take action?

Article is HERE