FEBRUARY 13 2017 UPDATE ON CANADIAN FATCA IGA LEGISLATION LAWSUIT IN CANADA FEDERAL COURT: Government response to request for details on FATCA accounts turned over to IRS and CRA

Still expecting that the Constitutional-Charter trial will take place in 2017. Date however, still uncertain and will depend on how Motions are decided by the Court.

— The Government lawyers have now asked the Court, by way of a formal motion, to compel the Plaintiffs to provide certain additional documents and our lawyers will be resisting the motion. Will keep you updated on how this is resolved.

— See the (amended) Claims of the Plaintiffs and the now published as affidavit last response of Government to the Claims.

Note the changes (underlined) from original response on page 137 (14) in which Government denies Constitutional violations and now argues that “To determine whether any Charter rights or constitutional principles, written or unwritten, have been infringed unjustifiably by such alleged enforcement requires a factual matrix where the US has actually attempted to recover, in Canada, taxes or charges against a particular individual residing in Canada.”

Note also that Government has now DELETED on page 139 (16) its previous statement: “Furthermore, the defendants deny that there exists a principle of fundamental justice that foreign tax debts are not enforceable in Canada.”

— See the many questions asked by Plaintiffs to Government detailing the type etc. of FATCA information provided by Canada to United States and by U.S. to Canada, response of Government, and Objections raised by Government to Plaintiffs’ question.

I was particularly interested in knowing details on the bank account information that flowed from Canadian accounts in U.S. to Canada as part of the so-called “reciprocal” FATCA agreement — a key justification, in addition to promise of economic sanction for non-compliance, for Canada to “agree” to the FATCA IGA.

Government response to the request for information on the reciprocal bank data are: “On the advice of counsel. I am unable to answer” with the attached objection: “The Defendants object to Q. #4 and refuse to answer it because doing so may require disclosing sensitive information or potentially injurious information as those terms are defined in s. 38 of the Canada Evidence Act, R.S.C. 1985, c. C-5.”

[Also, I wanted to know: "...how many of the persons associated with those accounts had already been reported by the United States to Canada for tax purposes...? See the answer in link to this question...]

Still seeking Exit tax witness. Supporter suggests (and I agree) that anyone who took measures to reduce asset worth to avoid exit tax would be considered…

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Mr. Trudeau Goes to Washington

Prime Minister Trudeau is off to meet President Trump on Monday. Would love to be a fly on the wall for that meeting! (Actually mosquito would be better-”If you think you are too small to make a difference, try sleeping with a mosquito.”-Dalai Lama)

It would be great if Trudeau would stop the flip Flops and stand up for Canadians.

Finance Minister Bill Morneau is also in Washington. So, I suggested Trudeau tell him to renegotiate the IGA

Nigel Green Launches Campaign to Repeal Obama-Era FATCA Law

Trump must show his mettle and reverse a fatally flawed, misguided law

Campaign to Repeal FATCA
Feb 07, 2017, 10:26 ET


WASHINGTON, Feb. 7, 2017 /PRNewswire-USNewswire/ — Nigel Green, founder and CEO of deVere Group, one of the world’s largest independent financial organizations, has launched a Washington, DC-based lobbying and media campaign to repeal the Foreign Account Tax Compliance Act, or FATCA.

With Obama in the White House doing away with FATCA was virtually impossible, despite repeal bills introduced by Sen. Rand Paul (R-KY) and Rep. Mark Meadows (R-NC). “FATCA is a textbook example of a bad law that doesn’t achieve its stated purpose but does manage to unleash a host of unanticipated destructive consequences,” states Sen. Paul.

As his co-leader of the Campaign to Repeal FATCA, Green has turned to former U.S. diplomat and longtime Senate leadership staffer Jim Jatras of the media and government relations firm Global Strategic Communications Group (GSCG). Jatras, a leading authority on FATCA, edits the online publication www.RepealFATCA.com, which is dedicated to getting rid of what he calls “the worst law most Americans have never heard of.

On Green’s initiative, Jatras is assembling a team of experienced DC professionals to push the repeal effort over the top. “Nigel’s deciding to step up to the plate is just tremendous,” says Jatras. “Billions of dollars have been wasted worldwide complying with FATCA, billions of words have been written complaining about it. Now it’s time for action. When that tax bill gets to President Trump’s desk, we want FATCA repeal in it.”

For more information on FATCA and the Campaign to Repeal FATCA, contact GSCG, below.


Twitter @RepealFatca

Dear President Trump: Repeal FATCA

I am the author of this article in Forbes. I don’t know why Robert Wood didn’t use my real name as a signature. I submitted it to him and I have posted a comment asking him to include it. I refuse to hide or cower to a foreign bully.

Dear President Trump:

I realize that not paying taxes “makes (you) smart.” So you likely think I’m dumb for paying taxes to Canada, where I live. I think it makes me responsible. You probably would consider me “a nasty woman.” You might even call me a traitor because I have lived outside the United States for almost half a century, and relinquished American citizenship by becoming a citizen of the country I love—Canada—in 1973.

But hear me out on a real “total disaster.” The United States demands that I file tax returns to a country where I haven’t lived for 47 years just because I was born there. Even worse, the U.S. Treasury Department demands invasive information about all of my Canadian accounts. You see, Democrats, with support of some Republicans, passed the Foreign Account Tax Compliance Act (FATCA) back in 2010. It is nasty, believe me.

I know you’re a really, really smart guy because of that not paying taxes thing. So let’s talk about FATCA, which is complex, believe me. Imagine if all of Melania’s accounts—including personal, business and even joint accounts with you—had to be reported to Slovenia just because she was born there! Or, if all of your accounts were required to be reported to Scotland because your mother hailed from there. Or, if the Czech Republic demanded all of the financial records of your three oldest children because of their mother’s birthplace. You get the idea.

This may sound like fake news, but is quite real for Americans abroad, including anyone born in U.S. These Americans are under attack, but not from terrorists. This FATCA attack comes from U.S. government! Terrible. You want to strip U.S. citizenship from anyone who burns an American flag? Ironically, if it was that easy to ditch U.S. citizenship, I’m afraid there would be Stars and Stripes ablaze around the globe. In fact, renouncing is costly, complicated and sometimes devastating.

Yet, renunciations of U.S. citizenship soared under President Obama’s administration. These people didn’t renounce because they are traitors or tax cheats. Many are patriotic Americans who built lives and paid taxes from Australia to Zimbabwe. But, IRS wants to claim them and seize their financial records because of their birthplace. Others are Accidental Americans because parents were temporarily living in the U.S. when they were born (like London’s Boris Johnson), or because a U.S. hospital was the closest one for their birth (like a Canadian police officer). I know of one Canadian caught in the FATCA nightmare whose mother went into premature labor over 50 years ago on an overnight trip to Buffalo!

Many financial institutions Build the Wall by refusing accounts to anyone born in America. Sadly, there are so many people now wanting to shed American citizenship that some U.S. Consulates have waiting lists of a year. Some are no longer responding to requests. Armed with alternative facts, sanctions and penalties, the U.S. Treasury and IRS have forced financial institutions and governments around the globe to comply with FATCA through bully-boy tactics. Your Russian Putin pal signed on, and so did China, Iraq and Mexico. But not Iran, Syria or Eritrea.

It’s strange about Eritrea, because it is the only other nation on the planet that taxes its citizens living outside its borders. But this tiny African dictatorship at least makes it easier than America does. Eritrea requests expat citizens pay 2% of their income using one simple form. No demand for financial records. No imposition of unwanted citizenship on everyone born there. In contrast, some tax compliance thugs threaten Americans outside the U.S. that the IRS will “Lock them up” if these mainly middle class folks don’t file tax returns. Notably, you haven’t released your tax returns, so I have no idea if you have offshore accounts or if you reported them.

You can straighten this out with an Executive Order for U.S. Treasury to stop tormenting millions of honest law-abiding folks who just want to live their lives in peace and protect their families and their privacy. You can urge Republicans in Congress to repeal FATCA and move to resident taxation as part of tax reform. Please ask your Chief of Staff to help. Mr. Priebus said FATCA is unconstitutional. The Republican National Committee even passed a resolution vowing to repeal FATCA and adopt residence based taxation. So dump FATCA, a “failing piece of garbage.” Please do it now. Make America Great Again, for all Americans.


A concerned former U.S. citizen”

Dear PM Trudeau: Renegotiate FATCA IGA Now

A letter was sent to Prime Minister Trudeau from ADCS requesting him to renegotiate the IGA to protect Canadian citizens, interests, sovereignty and our Charter of Rights and Freedoms.

January 27, 2017

Right Hon. Justin Trudeau
Prime Minister of Canada
House of Commons
Ottawa, Ontario Canada K1A 0A6

Dear Prime Minister Trudeau

RE: Renegotiate FATCA Intergovernmental Agreement (IGA)

“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.” (Justin Trudeau in letter to Lynne Swanson, Jun 23, 2015)

FATCA encroaches.

Liberal Statements

In Opposition, many Liberal MPs spoke strongly against American Foreign Account Tax Compliance Act (FATCA). Among a myriad of comments in Parliament and in a newspaper article, Liberal MPs called FATCA “dangerous…an attack on our privacy…the IRS’ dirty work…infringes on our sovereignty…violates the Charter of Rights and Freedoms…”

As Finance and Revenue critic, Scott Brison said “About one million Canadians are caught in this dragnet…The government did not negotiate a good deal in Washington…They failed to protect Canadian interests in terms of FATCA…The reality is you can negotiate a better IGA.”

So, we are dismayed and disappointed that the Liberal Government is failing to “stand up for (Canadian) citizens when a foreign government is encroaching on their rights” and is not protecting affected Canadian citizens and interests.

“Negotiate A Better Deal”

A new American President insisting on renegotiating NAFTA gives Canada the ideal opportunity to insist on “negotiating a better IGA.”

You can prove to all you are a Canadian leader and mean what you say — *A Canadian is A Canadian is A Canadian*. Now is the perfect time to show the value of Canada’s sovereignty as President Trump is making sweeping changes to protect United States sovereignty.

We, therefore, request you, the Minister of Finance and the Minister of Global Affairs renegotiate the FATCA IGA with an amendment put forward in Opposition by Mr. Brison and NDP MP Murray Rankin:

Notwithstanding any other provision of this Agreement, for all purposes related to the implementation of this Agreement, “US Person” and “Specified US Person” shall not include any person who is a Canadian citizen who is ordinarily resident in Canada.

Please “stand up for (Canadian) citizens when a foreign government is encroaching on their rights.” Please tell President Donald Trump you will protect Canadian citizens, Canadian interests, Canadian sovereignty, and Canada’s Charter of Rights and Freedoms.

“Negotiate a better IGA” now.

Lynne Swanson, Chair
Litigation Committee

Stephen Kish, PhD, Chair
Alliance or the Defence of Canadian Sovereignty

cc: Hon. Billl Morneau, Minister of Finance
Hon. Chrystia Freeland, Minister of Global Affairs