Monthly Archives: November 2015

Dear Justice Minister: FATCA Encroaches. Stop FATCA.

>Sent via e-mail to Minister of Justice Minister November 17, 2015

Dear Ms. Wilson-Raybould:

Congratulations on being elected as a Member of Parliament, on being appointed Minister of Justice, on ending the government’s defence on the niqab issue and on “welcome(ing) (Zunera Ishaq) to the Canadian family.”

I ask you to also ensure one million Canadians remain an integral part of the “Canadian family” with the same rights as all other Canadians in our sovereign country.

You can do that by ending the government defence of the lawsuit of Ginny Hillis and Gwen Deegan who have been Canadian citizens since birth.

Ginny was born just across the Canada-U.S. border 69 years ago. Gwen was born in the United States 53 years ago. Both came to Canada at the age of five with their Canadian parents. They have lived their entire lives as Canadian citizens. They were educated in Canada, married Canadian men, built their careers here, earn their incomes here, own homes here and raised their Canadian-born families here. Ginny is now a retired lawyer and Gwen is co-owner of a graphic art business with her husband. They have always paid taxes to Canada.

Ginny and Gwen are in the midst of a very costly lawsuit ($600,000 so far) against the government of Canada that is fighting them with their own tax dollars. The Conservative government surrendered Ginny, Gwen, one million other Canadian citizens and residents and Canadian laws, rights, constitution, Charter of Rights and Freedoms and sovereignty to a foreign bully.

Under American threats of economic sanctions and penalties, the Conservative government mandated Canadian financial institutions seek out Ginny, Gwen and one million Canadians for reporting their private financial information to the United States simply because they were born in the United States or have some other bizarre connection to the U.S.

After finding these “U.S. Persons,” Canadian financial institutions will report total assets, account balances, transactions, account numbers and other personal information to Canada Revenue Agency to hand over to United States Internal Revenue Service (IRS). This includes joint accounts with Canadian spouses and business partner. It even includes accounts where a “U.S. person” has signing authority with a Canadian charity, employer, or, in the case of lawyers, trust accounts.

As a proud and patriotic Canadian citizen for 42 years, I never thought I would see the day when the Government of Canada would pass a law that would prevail over all other Canadian laws (except the Income Tax Act) on demands of a foreign government. Yet, that is exactly what the Conservative government did last year.

One Conservative M.P. even told Canadian Parliament’s Standing Committee on Finance “Congress has spoken.” How can this be in a free, democratic and sovereign country?

Many of the Canadians caught in this nightmare have been Canadian citizens for three, four, five or more decades. Some, like Ginny and Gwen, have been Canadian citizens their entire lives and were simply born in the U.S. when their Canadian families were living there temporarily. Some are “Border Babies” who were born in the U.S. when their Canadian mothers were sent there to give birth.

“Why do our most heinous criminals have more Charter rights than I do,” asks a Nova Scotia police officer who was born in Maine when his mother was sent there to give birth over a half century ago.

If Canadians born in China, Russia, Iran, India or Eritrea were being ferreted out by their Canadian banks for reporting to those countries, there would be outrage. Canadians born in the U.S. should have the same rights as all other Canadians.

Ginny and Gwen are represented by Vancouver constitutional lawyer Joseph Arvay. The lawsuit was filed 15 months ago, but no trial has yet been held or even scheduled on the constitutional or Charter of Rights issues because your Ministry is delaying the case.

Please ensure Ginny, Gwen and one million Canadians remain part of the “Canadian family.” Stop FATCA now.

I ask you to immediately:

`1) End the government defence of this lawsuit

2) Repeal or amend the FATCA enabling legislation

3) Ensure Canadian laws prevail over a foreign law in Canada.

4) Inform U.S. government that FATCA will not be enforced in Canada on Canadian citizens and residents

In the attached letter to me, Justin Trudeau said the “government of Canada has a responsibility to stand up for its citizens when foreign governments are encroaching on their rights.”

FATCA encroaches. It is time for the Government of Canada to stand up for Canadians.

Lynne Swanson

P.S. Many of your Liberal colleagues are also opposed to FATCA. Attached are a few of the statements made by some of them.

Ministerial Mandate Letter for Minister of Justice

Hazy has posted a link to the Ministerial Mandate Letter from Justin Trudeau to the Minister of Justice (who is one of the defendants in our lawsuit).

A few days ago, I had never heard of a Ministerial Mandate letter. Then Tim educated us. Many thanks to both Hazy and Tim.

I like this in Prime Minister Trudeau’s litter to Jody Wilson-Raybould:

If we want Canadians to trust their government, we need a government that trusts Canadians.

Even more, I like:

We will be a government that governs for all Canadians,

Most of all, I like:

As Minister of Justice and Attorney General of Canada, your overarching goal will be to ensure our legislation meets the highest standards of equity, fairness and respect for the rule of law. I expect you to ensure that our initiatives respect the Constitution of Canada, court decisions, and are in keeping with our proudest legal traditions. You are expected to ensure that the rights of Canadians are protected, that our work demonstrates the greatest possible commitment to respecting the Charter of Rights and Freedoms, and that our government seeks to fulfill our policy goals with the least interference with the rights and privacy of Canadians as possible.

And, as Hazy highlighted:

Review our litigation strategy. This should include early decisions to end appeals or positions that are not consistent with our commitments, the Charter or our values”

So, will the Liberal government trust us as Canadians? Will they govern for us? Will the Prime Minister, Justice Minister and Revenue “ensure the rights of Canadians are protected” from FATCA by “respecting the Charter of Rights and Freedoms?” Will the Minister review our case and end the government’s fight against us?

I hope so. But we have been betrayed so many times in the past, I will not let myself get my hopes up. Instead, I will continue to fight until we have a resolution.

Looking for Stories from Accidental Americans



Some of you may be familiar with a group of expats who have come together to address the specific problems and issues of Accidental Americans. They are looking for stories to demonstrate the situations Accidentals find themselves in and do not require name, other identifying information, etc.
If you would like to contribute please send to:

You can follow what they are doing at their Facebook page :

and on Twitter


A couple of descriptions of what is happening:

Jude Ryan

September 9

Today I started a ‘virtual hunger strike‘ on behalf of all accidentals. How does this work? Well every day Isend an email to the White House’s webpage highlighting an injustice we suffer, an interesting development, etc. not sure when I will run out of ideas but I reckon I’ve got enough ammo for at least a month, if not longer. Please do share any items you would like me to use. Some day the White House will have to respond, all I need is one contact. Once I have a foothold I will continue the campaign until I get through to someone senior enough to provide sensible answers. I know some people don’t believe this will work however I am an optimist, plus there is no harm in trying.

Jude Ryan

November 11 at 9:01am · Singapore, Singapore

Hi everybody. I have a handful more stories to share and also some other ideas for posts but am always looking for more. If you would like to share you personal story as an Accidental with me so I can use this (anonymously) that would be great. Ideas for future posts also very welcome. Thanks!


As the moderators of the group are French,  I am sure all here would want to offer concern and support for the people of Paris after the horrible attacks that occurred  last night.   #JeSuisParis




Joe Arvay Writes to Ministry of Justice

Today Joseph Arvay wrote to the Ministry of Justice lawyers regarding the ADCS lawsuit.

The letter gives numerous statements from Liberals opposing FATCA and includes a copy of Prime Minister Trudeau’s letter to me before the election.

Included in Mr. Arvay’s letter is:

Finally, Mr. Trudeau himself stated in the aforementioned June 25, 2015 letter to Ms. Swanson that the Liberal Party believes “that the deal reached between Canada and the U.S. is insufficient to protect the affected Canadians.” Our view is that this statement clearly reflects an intention to repeal or amend the relevant legislation so that it does sufficiently protect affected Canadians and the sovereignty of Canada.

Given that the incoming federal government has expressed serious concerns that are the same or similar to the issues raised by the plaintiffs in this litigation, the plaintiffs request that you forward this letter to the new Attorney General of Canada and Minister of Justice, the Honourable Jody Wilson-Raybould, and the new Minister of National Revenue, the Honourable Diane Lebouthillier, and advise us as soon as possible whether your instructions have changed in respect of the defence of the litigation, and/or whether our clients can expect that legislative or executive measures will be taken to obviate the need
for this litigation.

As John Richardson said “This will be interesting.”