Maple Sandbox Historical Archive – 2012 to 2016

Canadian FATCA IGA lawsuit: November 1, 2014 legal bill will be paid on time! / Poursuite canadienne contre la FATCA et le gouvernement canadien : nos frais légaux du 1er novembre 2014 seront payés à temps !

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maplesandboxarchive

June 1, 2014

[We now have a new post taking us up to February 1, 2015. This post will be retired.]
THE AUTUMN 2014 UPDATE

Dear Donors,
Together, we reached our goal of $100,000 to pay the November 1 legal bill 11 days ahead of schedule!
Thank you Canadian donors from coast to coast and our friends from around the world for your generosity, support and determination — and especially for not being afraid.
The name of our non-profit corporation is the “Alliance for the Defence of Canadian Sovereignty.”
We were very deliberate in including in our name the word “sovereignty”, which forms a cornerstone of our Claims against the Government of Canada.
Canada and dozens of other countries throughout the world gave into a bully because their “leaders” were afraid of harm caused by a trading “partner” — and they gave their sovereignties away.
Help us convince by example the Leaders and Governments of all countries worldwide that they should return their sovereignties back to their Peoples.
Please continue to support our lawsuit.
“Alone we can do so little. Together we can do so much.” (Helen Keller)
— Plaintiffs Ginny and Gwen, and the ADCS-ADSC team

Chers donateurs,
Ensemble, nous avons atteint notre but d’amasser 100 000 $ pour payer notre facture légale du 1er novembre 11 jours d’avance !
Un gros merci à vous, donateurs canadiens, et à nos amis de tous les coins du monde pour votre grande générosité, soutien et détermination. Et surtout pour votre courage.
Le nom de notre organisme sans but lucratif est « l’Alliance pour la défense de la souveraineté canadienne ».
Nous avons choisi délibérément le mot « souveraineté » puisqu’il constitue la base fondamentale de nos revendications envers le gouvernement du Canada.
Le Canada et des dizaines d’autres pays se sont pliés devant l’intimidation des États-Unis parce que leurs « leaders » ont eu peur des menaces de notre « partenaire » commercial. Ils ont donc vendu leur souveraineté à rabais.
Aidez-nous à convaincre les dirigeants et les gouvernements de tous ces pays qu’ils se doivent de remettre leur souveraineté à leurs peuples.
S’il vous plaît, continuez à soutenir notre cause.
« Seuls, nous pouvons faire si peu. Ensemble, nous pouvons faire beaucoup. » (Helen Keller)
— Ginny, Gwen et toute l’équipe de l’ADCS-ADSC

[There will be a new post to show our progress in making the $100,000 February 1, 2015 legal bill. The next three months takes us through the holidays gift-giving season.]
DONATE to www.adcs-adsc.ca (ADSC en français).

140 responses to “Canadian FATCA IGA lawsuit: November 1, 2014 legal bill will be paid on time! / Poursuite canadienne contre la FATCA et le gouvernement canadien : nos frais légaux du 1er novembre 2014 seront payés à temps !”

OutragedCanadian

August 15, 2014

It’s in the Calgary Herald, now, too.
http://www2.canada.com/calgaryherald/iphone/news/latest/story.html?id=10120360

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Lynne Swanson

August 15, 2014

jan, if u r canadian citizens, u mat b able 2 relinquish rather than renounce if u becamezens citizens with the intent of relinquishing u.s. citizenship and if u have done nothing as a u.s. citizen–i.e. vote, have u.s. passport or filed with irs.
the ease of this will be determined by when u became citizens. pre-1986 is best, pre 1995 is good and even pre 2004 is helpful.
also, it is important u were not a minor when u became a citizen.

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Lynne Swanson

August 15, 2014

dear mr. president. y i am leaving america.
http://www.forbes.com/sites/robertwood/2014/08/15/dear-mr-president-why-im-leaving-america/

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OutragedCanadian

August 16, 2014

@Lynne, what a beautiful, eloquent, and sad letter. It lays bare the trap that US persons abroad are caught in.

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OutragedCanadian

August 16, 2014

Thanks to Nobledreamer who found this – CBC wants to hear your story:
http://www.cbc.ca/allinaday/2014/08/15/fighting-fatca/
“Are you affected by FATCA? Get in touch with us and tell us your story. We’ll continue to follow the issue in the months to come.”

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Lynne Swanson

August 20, 2014

ndp mp alex atamarenko says it’s simple. no canadian should have personal bank information given 2 u.s. government.
http://alexatamanenko.ndp.ca/fatca-lawsuit-filed-in-federal-court-of-canada
his name is not as familiar as some others, but in the documents i obtained from finance, he was the first 2 raise alarm bells about fatca–while most of us were still blissfully unaware. finance said he was confused. in fact, he understood far better than anyone in finance or any con mp what fatca actually meant.

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PatCanadian

August 25, 2014

Normally things like tax inversions don’t interest me but this caught my attention:
http://www.ctvnews.ca/business/what-the-tim-hortons-burger-king-deal-really-means-1.1975178
Being financially savvy now has new meaning.
“What exactly is tax inversion?
A tax inversion allows a U.S. company to reorganize in a country with a lower tax rate by acquiring or merging with a company there. The move allows money earned outside the U.S. to be transferred to the parent company without paying additional U.S. taxes.”
“U.S. President Barack Obama is not pleased with the tax inversion process, but it is perfectly legal, Dubroy said. U.S. lawmakers haven’t yet figured out whether to impose penalties on companies that seek tax breaks abroad, he added.”
I will be sending another donation to the Charter Challenge fund this week.

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PatCanadian

August 28, 2014

My fourth donation has been sent to ADCS via PayPal. Thank you Gwen and Ginny for your great work on this.

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Stephen Kish

August 28, 2014

Pat, thank you for yet another donation!
Stephen

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Lynne Swanson

August 30, 2014

In Exit Strategy: FATCA Keeps Pushing Americans to Give Up Citizenship, U.S. Chamber of Commerce included information about our lawsuit.

North of the border, a group of Canadian citizens affected by the law have filed suit in federal court charging that their country’s agreement with the IRS to hand over FATCA information is unconstitutional.

We have to make this happen! Thanks to everyone who has donated already. If you haven’t, please do so now.

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Confused

August 30, 2014

Has this already started in court?
If not, when can we expect it to?
I am surprised there is not much more noise around this lawsuit.
Can you explain the consequence of not reaching what’s needed by Nov 1. Is the suit being put on hold till we reach the goal, or are there more serious consequences?

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Lynne Swanson

August 31, 2014

@Confused: The claim has been filed in Federal Court. The government has not made their response yet. We expect them to fight us hard with our tax .
There has not been a court hearing or trial yet. That may take a year or longer. If we succeed at Federal Court, we expect the government to appeal. If we do not succeed, we will appeal. We anticipate this will go all the way to the Supreme Court of Canada–if the Supreme Court gives us leave to appeal.
This will be long, costly and brutal. We can only do it if we raise the needed money at each step.
Please donate. Please ask others to donate.

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OutragedCanadian

August 31, 2014

Wow, that’s $1000 per day needed. I’m giving what I can but I just don’t have big bucks to contribute. I hope there’s someone out there who has the wherewithal to help make this happen. It’s so very important to so many people.

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EmBee

August 31, 2014

@ Lynne-Blaze
You’re able to type with caps now so I’m taking that as a good sign your recovery is going well. I dedicated my Sept 1st ADCS donation (aka Twig#4) to Ginny and Gwen but Twig#5 on Oct 1st will be to you — to acknowledge all your hard work and dedication and most of all to celebrate your full return to the FATCA fray. These “twigs” are also my response to a recent tweet by a certain little twit called Mia over there in Twitterland where I watch the messages but have chosen not to enter.

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Lynne Swanson

August 31, 2014

@Em-Bee: Thanks so much for your donation and thoughts. I must admit my new IPad (gift from friends) helps with caps. I am able to do some caps on laptop, but I am still one hand there.
I was discharged from the hospital to a rehab facility two weeks ago. I expect to be here a few weeks. Daily intense physio and occupational therapy, strengthening classes and one armed wheelchair volley ball are all he helping my recovery, but leaving me zapped by the end of the day.
I am gradually reconnecting with the world.
Keep up the fight everyone–and keep those donations coming.
I especially ask those who have learned and benefitted from Sandbox and Brock but who have not yet donated to please do it now. We need the support of everyone even if you are not comfortable actively participating.

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Lynne Swanson

September 1, 2014

Republicans Overseas has launched their own website to raise funds for a constitutional challenge to FATCA in the U.S.
The good news is their efforts are where the lethal blow to FATCA could be struck worldwide. The bad news is they could be competing with us for money.
With one million affected in Canada, over 7 million around the world, and more than 12 million Green Card holders, this should not be difficult.
Please donate!

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Lynne Swanson

September 2, 2014

Democrats Abroad are trying to paint the Republicans Overseas challenge as “working for the wealthy.”
So. why isn’t Democrats Abroad working for “We the People,” who they claim to represent?

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Lynne Swanson

September 9, 2014

FATCA and CBT: See You in Court from Victoria’s blog.

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OutragedCanadian

September 10, 2014

So, I ran across this article today. My first thought was wow – Microsoft has more guts than the Canadian government!
Microsoft is refusing to hand over data held in one of it’s data centres in Ireland.
I love the last line of the article,
“For now? The only barrier in preventing an open season on international data from U.S. law enforcement and intelligence agencies is Microsoft sticking to its guns.”
http://www.zdnet.com/microsoft-refuses-to-hand-over-foreign-data-held-in-contempt-of-court-7000033508/?s_cid=e539&ttag=e539&ftag=TRE17cfd61

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Lynne Swanson

September 10, 2014

With that decision, the US is showing once again they think their laws and courts rule supreme throughout the entire planet. I hope Microsoft holds firm. I don’t know what the implications of them being an American company are, but it’s clear Bill Gates has more guts than Stephen Harper.
Robert Wood is reporting on Canadians attack U.S. expat rules–with a somewhat bizarre description of ADCS. Maybe we should send him some maple syrup as a thank you for some of the publicity he has given us.
http://www.forbes.com/sites/robertwood/2014/09/09/canadians-attack-u-s-expat-rules-decrying-accidental-americans/

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Lynne Swanson

September 11, 2014

It’s great to see the amount needed below the $50,000. Thanks everyone.
But, we still need almost another $50,000. Please keep those donations coming.
I especially appeal to those who have not donated yet. We need the support of everyone in this fight.

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OutragedCanadian

September 13, 2014

Does anyone maybe have that piece of art they inherited that they’ve never liked that they could sell on ebay? I’m wracking my brains trying to figure out how we can raise more money. There are so many of us affected by this that just don’t have a lot of money – and that might be how the US and Cdn gov’ts get away with this. We don’t have any high profile or big pockets people on our side, while the Cdn govt is in bed with big business pockets.

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Lynne Swanson

September 13, 2014

@Outraged Not only are the Cons in bed with big business, they will use our tax dollars to fight us in the courts. I also anticipate the banks will apply for intervenor status and bring their massive financial resources to bear against us.
Robert Wood at Forbes is wondering if IRS or U.S. Treasury will try to intervene. I don’t see how a foreign government could intervene in a Canadian constitutional case, but I am way past the point of being surprised about anything relating to this. At a minimum, I think they will try to pull the strings behind the scenes. We certainly know “Congress has spoken” for Canada on this.
When I am out of the rehab hospital, I will buy lottery tickets and donate generously to the lawsuit if I win. Of course, IRS May demand a share!

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Lynne Swanson

September 13, 2014

Happy Birthday @LauraSecord. Today is your 239th birthday.
Thank you for your generous donation and that of Anonymous towards the Accidental American legal challenge south of the border.
Thank you also for your contribution to a sovereign Canada. If only the Cons had a fraction of your determination to stand up to the Yanks.
Enjoy a chocolate today!
http://www.theweathernetwork.com/news/articles/google-doodle-marks-laura-secords-239th-birthday/35832/

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OutragedCanadian

September 14, 2014

@Lynne, I know! Imagine the headlines it could generate!!! “Lottery winner uses funds to finance lawsuit against government!” That could get us some much needed media attention. I buy my tickets faithfully, but I have to say I rarely even win a free ticket, so there’s not much chance the headlines will be generated by me.

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Lynne Swanson

September 14, 2014

@Outraged: Someone in London Ontario where I live won 14 million this week. It wasn’t me, but I will keep trying.
In the meantime, I tweeted Eduardo Saverin to ask if he will help.
We need one whale to help all the minnows. Oh wait. It was some of the whales that caused this attack on the minnows.
I hope there are some honest whales swimming in the vast sea who will see the injustice of this and want to help.
For now, it all depends on the minnows sending in their pension cheques. The government knows that and thinks we won’t be able to do it. We will.
Minnows, please keep those donations coming. Especially those minnows (and whales!) who haven’t donated yet. We need everyone swimming with us.

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calgary411

September 21, 2014

My comment at Brock:
Do any of you agree with me in the reply I gave the latest request from the Liberals for some of my Canadian cash?
From: caroltapanila
Sent: Sunday, September 21, 2014 9:37 AM
To: The Federal Liberal Agency of Canada ; Matt Grant ;
Minister Dr. David Swann ; Scott Brison
Subject: Re: Ambitious
Sorry, no donation from me. I would first have to have in crystal clear terms the policy of the Liberals and hear it stated by Justin Trudeau – what you will do to reverse the Bill C-31 implementation of the intergovernmental agreement signed with the USA re FATCA that makes about one million Canadians, their spouses, their children, their business partners second-class to any other Canadians, their rights under the Charter of Rights and Freedoms and other Canadian law. I want the Liberal’s (and every other party’s) statement as my vote and my donations will ONLY go to the party that will uphold the rights of ALL Canadians. I know the Liberals see themselves as the party of Canada’s Charter of Rights and Freedoms, but they will have to be crystal clear on the rights of so-called US Persons in Canada vs the rights of any other Canadians, no matter what their national origin or the national origin of their parents (or even their grandparents).
The hard-earned and taxed Canadian retirement savings that I can spare will instead continue to go to Alliance for the Defence of Canadian Sovereignty: http://www.adcs-adsc.ca/. I have paid the US IRS $3,661 in taxes related to the Canadian Registered Disability Savings Plan (RDSP) that I hold for my Canadian-born (to, at the time, US citizen parents) son and which all Canadian taxpayers helped the Government of Canada match in bonds and grants. In my mind, that is indeed an improper use of Canadian taxpayer monies.
Do the Liberals really foolishly believe in US reciprocity? I don’t want any Party so foolish to lead this great country.
Carol Tapanila
Calgary, AB

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Lynne Swanson

September 22, 2014

It’s great to see that amount needed imch below the $40,000 mark. We are 60% of the way to our October 31 goal.
Many thanks to Stephen and your ADCS team for your hard work, persistence and faith that we can do this.
We have raised $10,000 in 11 days. We have another $40,000 to go to reach this goal in about 40 days.
Again, I especially ask anyone who has not yet donated to do so now. Both large and small donations are welcome–but a nice cheque for $40,000 or more would be especially welcome.

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PatCanadian

September 23, 2014

@calgary411
I agree. No donation…as you say “they will have to be crystal clear on the rights of so-called US Persons in Canada vs the rights of any other Canadians”.
Along with a couple of others from Brock, I have been in touch with the Liberal Party as well. We sent some ideas to a local Liberal candidate from our local area in BC. Pam Goldsmith-Jones had asked for our opinion on policy concerning FATCA.
The following summarizes what we sent in response to her Liberal Party statement:
“Regarding your statement on Liberal policy for FATCA/IGA issue:
What leapt out at me was that “the Liberal Party of Canada raised the issue in Question Period, pressing the Conservative government to do the right thing for Canadians.”
However, this does not go far enough. Things like amending the agreement so the IRS would not tax savings vehicles and asking for amnesty against IRS penalties are stop gap measures. These do not address the root of the problem.
When Stephen Harper and the Conservatives pushed through legislation for the IGA, this sold out a large chunk of Canadian Sovereignty to the United States and the IRS. It also violates the Charter Rights of Canadian Citizens who happen to have some U.S. connection. XXXX and I collaborated on the following statement:
“The Liberal Party needs to do the right thing for Canadians by restoring Canadian Sovereignty and restoring Charter Rights to all Canadian Citizens and permanent residents regardless of national origin, and by protecting them from the extraterritorial overreach of other nations.”
Our friend XXX has added the following: “With the FATCA/IGA, the Harper Conservatives instituted the supremacy of U.S. law over Canadian citizens in Canada”. We think this situation needs to be put in reverse.
These statements apply to the U.S. FATCA/IGA issue and indicate the direction which we believe the Liberal Party needs to travel to repair the damage done by the Conservatives.”
We emphasized to the nominee and to Justin Trudeau that our vote and donations would have to be earned by the Liberal Party taking a stand on FATCA and the IGA. Until they are clear, no vote and no donations. Pam Goldsmith-Jones will be working with Justin Trudeau on policy this Fall.
Additional correspondence has been sent directly to Justin Trudeau and the head of policy for the Liberal Party.

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calgary411

September 23, 2014

http://isaacbrocksociety.ca/2014/06/01/its-time/comment-page-73/#comment-3106806
I commented that I don’t want any Liberal swag come-on’s and certainly no Hillary Clinton endorsements — both negatives for my vote. When the Liberals have that great and expensive help of H.C., I would want them to have her speak about FATCA and all we discuss of who it affects in Canada and why she supports anything like US citizenship-based taxation for legal residents and citizens of other countries!
Hold their feet to the fire, PatCanadian and any other Liberals out there.
In the meantime, all my donations go to http://adcs-adsc.ca/! Nothing of my little will go to any political party until I see their policy on what they will do regarding reversing the IGA implementing US FATCA.

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OutragedCanadian

October 3, 2014

Oh man, I’m getting worried – that’s more than $1000 per day needed to make the goal. I’m wracking my brains trying to figure out a way to raise some money but not coming up with much. I’ll find some way to contribute more, though, I promise.

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Lynne Swanson

October 3, 2014

@Outraged: “Never, never, never give up.” (Winston Churchill)

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calgary411

October 9, 2014

To: All MapleSandboxers
Re: Amended Statement of Claim
Stephen Kish is on the road all day. He has asked me to post a comment regarding the updated / amended claim of the plaintiffs.

For those of you interested in reading the amended Statement of Claim, it has now been posted by John Richardson at http://adcsovereignty.wordpress.com/2014/10/09/from-the-desk-of-john-richardson-co-chair-adcs-adsc-ca-amendments-to-statement-of-claim/.
So, announcements are not lost in the sites of IsaacBrockSociety and MapleSandbox where so many topics are discussed, http://adcsovereignty.wordpress.com/ (Alliance for the Defence of Canadian Sovereignty “From The Desk” of the ADCS-ADSC Board of Directors) is the dedicated site for all future announcements regarding the Canadian litigation.

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Lynne Swanson

October 9, 2014

Thanks Calgary. I will do a new thread on this to ensure it is visible.
I will also ask Outraged to add the amended claim to the FATCA lawsuit section.

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FBAR is Wrong

October 12, 2014

FBAR Is Wrong ?@FBARISWRONG · 7h7 hours ago
http://bit.ly/1w0Ky6U Send your anti #FBAR #FATCA Extra-territorial Tax text article here with your publishing instructions.

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FBAR is Wrong

October 12, 2014

@FBARISWRONG · 5m5 minutes ago
Contributed article: #fbar #FATCA and The Patriot Act Identify Innocent US… http://fb.me/25g7FL58E

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Lynne Swanson

October 15, 2014

Let’s inflame Kim Moody and Roy Berg even more. Let’s show them we can challenge FATCA legally.
As Mr.Moody readily admits, he is not a constitutional expert.
Joe Arvay is a constitutional expert. Joe Arvay has demonstrated that in numerous constitutional cases at the Supreme Court of Canada. In fact, Joe Arvay is at the Supreme Court of Canada today on the assisted suicide case.
Mr. Moody would love to see us fail in our fund raising efforts because he and Berg stand to profit greatly from FATCA fear mongering.
The government on both sides of the border and the Canadian Bankers Association are also hoping we will fail.
There are one million US persons in Canada. With just one loonie from each, we could double the amount we need to get to Federal Court and would have a Great War Chest for heading to the Supreme Court of Canada.
We have many Canadians and friends around the world supporting us. We need the remaining Canadians to do their part.
If you have not yet donated, please do it now. We all must do our part.

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Lynne Swanson

October 20, 2014

Just over $2000 to go by November 1. We will do this.
Thanks so much everyone. Keep those donations coming. As soon as we meet this goal, it will be time to start working on the next one.

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Lynne Swanson

October 21, 2014

Way to go Stephen, ADCS Board and all our friends and donors in Canada and around the world.
Dear Roy Berg: Isn’t it amazing what some “jingoistic! hyperbolic rhetoric admonishing Finance for ceding power, ceding sovereignty” can do?
Sincerely,
Lynne Swanson
Chief Jingo of Canada

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OutragedCanadian

October 21, 2014

That’s fantastic!
A sincere thank you to everyone who donated!

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