Finally! A “Response” But “Few Answers” to Ted Hsu Questions

Finally, the government “responds to Ted Hsu’s questions.

But, Dr. Hsu says:

You can see the response to my Order Paper Question on FATCA. It is a long response (226 pages in both official languages), but it’s surprising how few answers there are to a 55 part question! For instance, on page 75 I asked the Minister of Finance to provide a list of specific individuals and groups he had consulted with regarding FATCA and the response was simply that “The Government of Canada has consulted and has been contacted by individuals and groups to discuss the implications of FATCA and an IGA in Canada.” I also asked which studies and analyses the Department of Finance had undertaken with respect to FATCA, and was told that “The Department of Finance is reviewing the implications of FATCA on an ongoing basis. FATCA has raised a number of concerns in Canada- among both dual Canada-U.S. citizens and Canadian financial institutions.”

As Dr. Hsu also says:

We all deserve better answers from the government.

He’s asking for our help:

I know there is a lot of expertise out there to help analyse and pick through this response. So I invite you to do so on my facebook, and please let me know what you find.

Thank you!

Ted

I haven’t had time to review the “response” yet because I wanted to quickly get this posted. After we have had time to read this, I hope we will all pitch in and share a “lot of expertise ” to analsye this for Dr. Hsu.

Yikes! Lots to do. Help Dr. Hsu, do submission to help friends in New Zealand, write articles, organize information session. Have a life?

I understand from one of Dr. Hsu’s staff that “responses” to Scott Brison’s questions are expected later this week. I think we should be prepared for more weaseling.

 

 

25 thoughts on “Finally! A “Response” But “Few Answers” to Ted Hsu Questions

  1. calgary411

    I’ve noted this comment from “blair” in the original thread on this subject and am moving it to this location as well. Thank you, blair. You express what many here feel: the US/Canada border needs to remain strong to preserve the principles Canadians value. Nor do I want to see that border vanish with extra-territorial US law taking over here.

    http://maplesandbox.ca/2013/urgent-need-for-support-for-ted-hsus-question-q-121-re-fatca/comment-page-1/#comment-11902

    Repeal FATCA!
    It is a violation of all our Canadian Rights. If Canada repeals FATCA the other countries will do it as well. Do not be a Muppet of the US criminal laws broken all the time, killing, bullying people and countries. Do not be accomplice. Canada always was a country to help and protect people not to sell people, sheltering the need (refuge).
    Do not join the masked criminal waiting for you (Canada) to give them (US) what they want: the US-Canadian people, our work, our rights, our savings, our pension, and our lives and our children’s future.
    U.S. does not want an agreement with Canada. No! They want to exploit Canada starting with FATCA. Repeal FATCA for your protection of today and tomorrow (future).
    If you agree with the US, US will betray Canada and take possession of it like never before, and it will continue with more. After they take some power and govern our data information breaking many Canadian laws, rules and regulations. If you accept, U.S. will see no border to continue taking more, extorting. Canada will loose money, and Canada will be at the US mercy. U.S. wants to take over Canada’s economy and this will be just the beginning. I can assure you. Be careful doing business with US. Watch what you Politian (who represent Canadians: citizens and residents who pay taxes and live on this land) are doing and where you are getting into and where you are putting the future of Canada and our children. If you think you can deal with US in work or money, be careful and think more than twice. As Jean Chertien said it once referring to the US: “Friendship is friendship and business is business. We need to see and do what is the best interest and best for Canada and Canadians not for the US interest”.
    We need to protect our rights!. and freedom.
    Do not be accomplice!! Just repeal FATCA no mater what.

    Reply
  2. OutragedCanadian

    @Blaze, I echo mettleman’s thank you. Daily, I am grateful that there is a dedicated core of intelligent, hardworking, caring people like yourself (and so many others) who are dedicated to fighting FATCA.

    Reply
  3. Blaze Post author

    @mettleman: Pierre Trudeau must be spinning in his grave at his son’s complete disregard for our Charter in that one sentence.

    Reply
  4. mettleman

    @blaze…on behalf of all the xx million’s of “american persons” in canada thank you for staying on top of this nightmare that is fatca!!!!

    Reply
  5. Blaze Post author

    I e-mailed the following to Ted Hsu, Scott Brison and Irwin Cotler.

    Thank you again for all your hard work on FATCA. It is disgusting that the responses to your comprehensive questions were so evasive. I found it chilling that neither Finance nor Justice will make a simple statement that any agreement will conform to the Charter of Rights and Freedoms.

    Are you aware that your leader, Justin Trudeau, is undoing much of the hard work which you have done and the strong stand you have taken against FATCA.

    First, in a meeting in Alberta last week, he showed a complete lack of knowledge about what FATCA actually means.

    Then today, a friend received this response to a letter she sent to him six months ago.

    “Despite its good intentions, the unfortunate consequence of FATCA is that Americans who hold dual citizenship still fall under its authority, and it requires access to their financial information through their banks.”

    How can this be true? How can Canadian citizens living in Canada for decades who were told by US Consulate 40 years ago we were “permanently and irrevocably” relinquishing US citizenship by becoming Canadian now “fall under the authority” of a foreign government’s tax laws and demands. Do we have no rights under Canada’s Charter of Rights and Freedoms?

    Please act quickly to correct your leader’s position on this. I am already aware of Canadians who have said they will not vote Liberal because of these misguided responses of Mr. Trudeau in comparison to responses from Thomas Mulcair, Murray Rankin and Elizabeth May who are standing up for Canadian citizens, rights, sovereignty and the Charter on FATCA.

    By the way, Mr. Trudeau has not responded or even acknowledged my many e-mails and letters to him on FATCA. Again, this contrasts with responses from Thomas Mulcair and Elizabeth May and a personal phone call to me from Don Davies–even though I am 3000 miles from his riding.

    Please tell Mr. Trudeau Canadian sovereignty and the Charter of Rights and Freedoms (his father’s greatest gift to Canada) are far more important than legalizing marijuana or kicking all Liberal Senators out of your caucus.

    Mr. Hsu quickly responded:

    Hi Lynne

    Thanks for your email. We are still going through the responses to our Order Paper Question, but, like you, we hoped for more substance.

    The issues around FATCA are very complex and the Liberal Party is consulting with a wide range of experts in developing a position on dealing with this legislation. At the moment, I and my colleagues are still seeking out information about Canada’s position in its negotiations with the U.S., and so the party leader simply doesn’t have all the information required to answer all questions. Please be assured that the members of the Liberal Party team who are working on the file will certainly continue to obtain and analyze all necessary information to develop a strong policy that will respect the Charter of Rights and Freedoms.

    Thanks for all your hard work!

    Ted

    My response back:

    Please ensure your leader knows Canadian citizens born in U.S. do not “fall under the authority” of a foreign government any more than Canadian citizens born in China, Iran, Russia, Pakistan or Eritrea “fall under the authority” of the laws of those countries.

    Mr. Trudeau’s response will definitely cost your party votes in next year’s election, so I hope he will immediately correct it.

    Please keep up your good work on our behalf.

    Reply
  6. Blaze Post author

    Ted Hsu, Scott Brison and Irwin Cotler are making considerable efforts for Canadians.

    Unfortunately, their Liberal leader Justin Trudeau is working at cross purposes. Here is what he wrote (after six months) to one Sandboxer-Brocker:

    Despite its good intentions, the unfortunate consequence of FATCA is that Americans who hold dual citizenship still fall under its authority, and it requires access to their financial information through their banks. As a result of FATCA, there has been a surge in US citizenship renunciations over the past few years, and this trend continues to grow.

    I share your concerns about personal privacy, an issue that is increasingly important to all Canadians. The Conservative government’s efforts to protect the personal privacy of Canadians have been inadequate. The implications of having Canadian banks report directly to a foreign government agency are troublesome. The Liberal Party of Canada will continue to press the government on this issue, and demand a closer examination of FATCA’s effects…

    What?!!? Canadians “fall under the authority” of IRS and FATCA?!? What about the Charter? What about all the unanswered questions from Dr. Hsu and Mr. Brison.

    There is discussion about JT’s reply over at Brock.

    Reply
  7. GeorgeIII

    Blaze I saw this and strangely it may even help in Supreme Court case
    From
    “Expatriation: The American’s Tax Experience in Canada
    Kevyn Nightingale and David Turchen*
    “Compliance with Prior Tax Obligations (Test 3)
    Scope
    The legislation mandates only compliance with all requirements under title 26 of the US Code (that is, the IRC). The FBAR requirement is in title 31. Consequently, the failure to file FBARs should not prevent certification of compliance.
    Discussions with the IRS indicate that, in its view, FBAR filing is required. However, this position is not consistent with the law”

    If the IRS expect something that is unreasonable and against USA laws and Canadian agreement how can a person expatriate.
    There must be something in Canadian law about a government agency being unreasonable.

    Reply
  8. GeorgeIII

    That a big one. Hopefully it applies to Brokerage account. Could you imagine them shutting down an account with Canadian provincial bond.
    Unfortunately computershare canada is transfer agent for most provinces. They are an American company that keeps record in USA .

    Reply

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