Dear Mr. Trudeau: Stand Up for ALL Canadians

ADCS has sent a letter to Canada’s new Prime Minister Justin Trudeau.

October 23, 2015

The Honourable Justin Trudeau,
Prime Minister Designate of Canada
Ottawa, Ontario
Canada
K1A 0A6

Dear Mr. Trudeau:

Congratulations on the election of the Liberal Party of Canada and on becoming our Prime Minister. We look forward to a government
that emphasizes what brings Canadians together rather than what divides us.

In that light, we are writing to you on a matter of urgency regarding the sovereignty of our country and the rights of ALL Canadians for the protection of our government.

The Alliance for the Defence of Canadian Sovereignty (ADCS-ADSC) was formed to support two Canadian citizens (both born in the US but solely resident in Canada since early childhood) in a lawsuit, now in Federal Court, challenging the enforcement of a United States
law – the Foreign Account Tax Compliance Act (FATCA) – in Canada.

FATCA requires Canadian banks to report private banking information to the U.S. Internal Revenue Service (IRS) on those Canadians
living in Canada deemed by the U.S. to be “U.S. Persons” regardless of their status as Canadian citizens or permanent residents, and in
violation of Canadian privacy laws.

In response to the threat of severe sanctions by our trading partner, the Harper Government entered into an “Intergovernmental Agreement” (IGA) and passed legislation, opposed by Liberal Party, NDP and Green Party MPs, to ensure compliance with the foreign FATCA law. As a result, private banking information of over one million Canadian citizens and permanent residents, resident only in Canada, is now subject to disclosure to the IRS. The Conservative Government began the handover of data on September 30, 2015.

On June 25, 2015, you wrote to Ms. Lynne Swanson of the ADCS-ADSC about the FATCA issue and stated:

“The Government of Canada has a responsibility to stand up for its citizens when foreign governments are encroaching on their rights.

We believe that the deal reached between Canada and the U.S. is insufficient to protect Canadians.”

We appreciate those comments as well as those of other members of the Liberal Party (see attached). In contrast, the Conservative Government unequivocally failed to protect its citizens from interference by the U.S. with their rights as citizens or legal permanent residents of Canada. To repair the harm already done, we ask that you stand up for all Canadians by:

1) taking immediate steps to seek a just resolution of the costly lawsuit forced upon innocent Canadian citizens;

2) repealing the enabling legislation for the IGA entered into under threat of economic sanctions;

3) advising the IRS to destroy immediately all private banking information sent on or after September 30, 2015 and refrain from using such data in any legal proceedings against Canadians.

We look forward to a new era where, as you have said, “A Canadian is a Canadian is a Canadian.”

Sincerely,

Stephen Kish, John Richardson, Patricia Moon, Carol Tapanila, Lynne Swanson

Attached to the letter are quotes from Liberals opposing FATCA.

ADCS has also issued this letter as a press release Canada’s New Prime Minister Asked to Stop Complying with FATCA

IRS Claims Canadian Gordon Pape owes $48,730.57

uncle Sam PayThe IRS is after Canadian investment guru and author Gordon Pape. They claim he owes them $48,730.57.

Mr. Pape wrote of his plight in this month’s Zoomer magazine. Because the article has only been published in print format, I am unable to link to it here. I am not uploading a copy of the article for copyright reasons, but here are some of the highlights.

Mr. Pape was born in the U.S. He moved To Canada with his parents when he was 13. He became a Canadian citizen in Canada’s Centennial Year (1967) and “promptly” received a CLN. (Lucky guy!)

He spends part of each winter in Florida and completed 1040NR taX return with the closer connection form. Then the IRS was after his money.

Mr. Pape says:

Imagine opening your mail and finding a bill from the U.S. Internal Revenue Service (IRS) for $48,730.57

That’s what happened to me during the summer, and I’m not a U.S. citizen. I don’t even own property in the States.

“Needless to say, I was shocked. Then, I was angry. I suddenly understood first-hand what the estimated one million Canadian residents with U.S. ties are experiencing as the IRS aggressively pursues anyone who has failed to file an American return declaring their world-wide income.”

Mr. Papr warns other snowbirds. He sent to IRS a copy of his CLN and is awaiting their response. He concludes:

“I certainly have no intention of paying them $48,000 – or anything for that matter.”

I think Mr. Pape has had an OMG moment. He is fortunate to have a CLN. I hope this may inspire him to help with our battle.

Weird Stuff Happening

There is some very weird stuff happening here. Whatever it is is messing up display of comments and ability to respond to them. Even I, as an administrator and editor, cannot see them without going to the Dashboard,

I also can’t respond to them. I have tried to correct this with my rather limited geeky skills to no avail. I have alerted Outraged and hope she can fix it.

So, Jan and Gani that is why your comments are not showing (at least they are not showing for me without going to the Dashboard.

Please bear with us everyone. I don’t think this is NSA or CSIS spying on us–but in today’s world, who knows?

ADCS FATCA Questions. Trudeau Reply

On March 23, ADCS sent a letter to Liberal Leader Justin Trudeau, other party leaders and some MPs.

The letter to Justin Trudeau said:

Thank you to you, the Liberal Party of Canada and some of your MPs for standing up for Canadian citizens and residents, whether born in the United States, in Canada or in any other country, against the American Foreign Account Tax Compliance Act (FATCA) Intergovernmental Agreement (IGA) enabling legislation.

You may be aware we have commenced litigation against the Government of Canada resulting from the Conservative government surrendering Canadian citizens, residents, laws, constitution and sovereignty to the United States for FATCA.

We are disappointed at your near silence since the FATCA enabling act was passed. We are, therefore, contacting you now to request your party’s policy in writing on what you would do if the Liberal Party is elected to form the next government.

Specifically, we ask:

1. Will your party commit to repealing the FATCA IGA in its entirety?
2. If not, why not?
3. What action will your party take to protect Canadian citizens and residents from the demands of a foreign government under FATCA?
4. What action will your party take to uphold Canadian laws, the constitution, the Charter of Rights and Freedoms and Canadian sovereignty as they relate to FATCA?
5. What action will your party take to agree with our lawsuit that the FATCA enabling Act violates the Charter of Rights and Freedoms and Canada’s constitution? Will you direct the Ministry of Justice to quickly reach an acceptable settlement with us?
6. What action will your party take to ensure a foreign law does not prevail over Canadian privacy, human rights, banking and other laws?
7. What is your time frame for any commitment you may make?

Approximately one million Canadians, their families and business associates are affected by FATCA and many will want to know which party represents their needs and rights. Many will make their voting decision based on this.

We hope the Liberal Party will fight for their rights as Canadians.

Stephen Kish, Ph.D, Chair
John Richardson, Co-Chair
Patricia Moon, Secretary/Treasurer
Carol Tapanila, Director
Lynne Swanson, Chair, Legal Challenge Committee

On June 25 (after prodding), Liberal Leader Justin Trudeau replied.

Dear Ms. Swanson:

Thank you for taking the time to write to me with your concerns regarding the Foreign Account Tax Compliance Act (FATCA).

The safeguarding of personal privacy has become an increasingly important issue to all Canadians. The government’s move to ensure that information is reported to the U.S. through Canada Revenue Agency (CRA) and not directly from the banks was a positive step; however, the implications of having the CRA report to a foreign government about Canadian citizens are still troublesome. The Liberal Party of Canada believes that the Conservative government’s efforts to safeguard the personal privacy of Canadians have been inadequate.

While the United States has the right to target tax evaders using offshore accounts, targeting hard working Canadians who pay taxes is unfair. The government of Canada has a responsibility to stand up for its citizens when foreign governments are encroaching on their rights. We believe that the deal reached between Canada and the U.S. is insufficient to protect affected Canadians.

Thank you once again for writing to me; I always appreciate it when Canadians take the time to share their concerns with me. It is through such exchanges of ideas and opinions that I can best represent not only my constituents, but all Canadians.

Sincerely

Justin J.P. Trudeau

So there we have what we can expect from the Liberals. Our new Prime Minister called the Conservative actions “troublesome…inadequate…insufficient, but did not say what a Liberal government would do.

We need to keep up the fight.

We need to remind Trudeau of his words “A Canadian is a Canadian is a Canadian.”

We need to remind him we require “Real Change Now”

We need to remind him of our right to privacy.

We need to remind him his father’s greatest gift to Canada was the Charter of Rights and Freedoms.

We need to remind him to uphold our rights as Canadians.

We need to remind him: “The government of Canada has a responsibility to stand up for its citizens when foreign governments are encroaching on their rights.”

VOTE!

Vote!

Show them we are NOT “American citizens abiding here in Canada. Show them We Are Canadians!

Stop “Congress has spoken” for Canada’s Parliament. Vote! Votez!
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