DECEMBER 28 UPDATE: WE NEED $75,935 IN 34 DAYS TO CONTINUE OUR CANADIAN FATCA LAWSUIT and also need Witnesses for the Charter Trial
— You already donated $519,035 for legal costs — but we need $75,935 more to pay the outstanding legal bills to our Vancouver litigators and continue the lawsuit. Once paid, we will have sufficient monies to pay the legal costs of the Constitutional-Charter trial in Federal Court.
PLEASE DONATE to www.adcs-adsc.ca (ADSC en français). You can SEND DONATIONS by cheque, cash, PayPal, and transfers. If you are afraid to donate, send cash wrapped in paper with no return address. If you have no money to donate, could you please consider asking a friend to help?
Our next Litigation step is a Constitutional-Charter trial in which we will be suing, with your financial help, two Ministers of Canadian Prime Minister Justin Trudeau.
Thirty-five years ago Mr. Justin Trudeau’s father, Prime Minister Pierre Elliot Trudeau (and a Constitutional lawyer), began the fight, almost singlehandedly, to repatriate Canada’s Constitution and establish a Charter of Rights:
— Trudeau, the father, wanted a “…full-size North American model…one where the Constitution would no longer rest in London. where Canadian courts and legislatures were completely sovereign, where a charter enshrining basic rights would prevail over legislative fiats [see our Claims], and where the Supreme Court would make historic decisions that would profoundly affect the way Canadians lived their lives…[On September 28, 1980 Trudeau met his Cabinet. He warned that] they faced a tough fight over the Constitution and the charter: the provincial leaders would oppose them strenuously, the British would waver, and opponents of the entrenchment of minority language rights for the English in Quebec and for the French elsewhere in the country would resist bitterly.
In short, [Pierre Trudeau] concluded, “We could tear up the goddam country by this action, but we’re going to do it anyway.” [John English]
At the 1982 Proclamation ceremony, Trudeau the father said: “We now have a Charter which defines the kind of country in which we wish to live, and guarantees the basic rights and freedoms which each of us shall enjoy as a citizen of Canada.”
Comments on Canada’s Charter: “Both the Charter itself and the nation that gave birth to it serve as an example to the world. “Some countries may be especially prone to borrow from the Canadian Charter of Rights and Freedoms because they perceive themselves as sharing the same goals and values as Canadian society,” write David S. Law, who is professor of law at Washington University in St. Louis, and Mila Versteeg, who teaches law at University of Virginia.
In contrast, Professors Law and Versteeg conclude that the American constitution, once the foundational document for new nations in search of a government, has fallen out of favour. It fails to protect rights, such as freedom from discrimination based on race or sex, that are considered fundamental in our time; it enshrines rights, such as the right to bear arms, that other nations don’t value; its courts increasingly interpret the American document so perversely – by claiming that it must only be applied as the founding fathers originally intended – as to render it useless as a tool for tackling modern problems.”
— We believe that Justin Trudeau’s support of the inherited Canadian FATCA compliance legislation violates Canada’s Constitution Act of 1867, and sections 7, 8, and 15 of Canada’s Charter of Rights and Freedoms.
Please help us sue the Government headed by the son of the determined Canadian who made Canada a sovereign nation.
We want our litigation success in Canada to end extorted FATCA IGAs in all FATCA compliant countries. This effort requires donations to fund a lawsuit, filed on your behalf, in Canada Federal Court, and brave Witnesses willing to describe, publicly, their harm. Our next legal step is a Constitutional-Charter trial.
We need Witnesses as soon as possible so that we have a chance of a trial decision before the next handover of private banking data. Only Canadians can be witnesses. We need to present clear evidence of actual harm, which includes psychological effects on victims. You can explain the harm in an affidavit. Litigation runs on money, but the Charter Trial will not begin until we have the necessary Witnesses willing to go public. We do not want to delay trial decision past the next September handover. If interested read this POST and send me an email through our ADCS site.
A LETTER FROM GINNY AND GWEN:
“To our friends and donors across the Continents,
As we approach the holiday season and New Year, Ginny, Gwen and the ADCS committee hope this email finds you and your loved ones in both good health and some merriment.
We want to express our ongoing heartfelt thanks and appreciation to those who have contributed financially and in many other ways to bring about the end to the way the US government continues to interfere with those of us it deems its citizens living outside of the USA, trying to carry on our ordinary lives.
In Canada, we are called Americans or second class Canadians. Everywhere we are assumed to be tax cheats.
As you are aware, we were not successful at our first and lowest court level this summer during our summary trial. This in no way means, however, that we were defeated, nor that our lawyers did not make an impressive effort on our behalf. Justice Martineau listened very carefully to our arguments. In fact he clearly indicated that his decision (yes, we can call it less than brave) did not restrict or impede our right to bring our Charter and Constitutional issues to another court, which we intend to do in the new year. And due to your generosity, we have the money to do just that.
We will be thankful to you forever for helping us hit that mark.
What remains though, quite frankly, is an outstanding debt [$75,935 as of December 28] to our lawyers for their legal fees for that valiant attempt. Both Ginny and Gwen, and we hope others, feel a moral obligation to pay down that debt as soon as we can. It is personally difficult for us to always ask for donations, but that is the reality of taking on such a fight for our rights. That is acknowledged by generous donors from across the world not just in Canada: people elsewhere who are watching and supporting this cause through our Canadian courts, hoping for a precedent case that will be applicable in their own countries.
In effect we are setting a template, backed by some very brave and generous people like you.
Please help us retire this debt, so we can concentrate on and move forward with our next legal court steps. As always, we remain very grateful to you.
You keep our spirits up on our darkest days while we all fight together for our mutual goals and rights.
Ginny, Gwen and the ADCS committee.”
We have 34 days to make the February 1 2016 payment.