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Canadian House of Commons Votes To Help U.S. IRS Seize Bank Records of Canadians

Contributed by Lynne Swanson
June 25, 2014

Recently, the Canadian House of Commons passed a law that will implement the United States Foreign Account Tax Compliance Act (FATCA) Intergovernmental Agreement (IGA) in Canada. With this law, Canadian financial institutions will turn over to the American Internal Revenue Service (IRS) the bank records of Canadians the U.S. defines as "US persons."

These Canadians include a "Canadian Cop." Because he is unwilling to publicly reveal his identity for fear of consequences to his family, we will call him "C.C."

"Why do our most heinous criminals have more Charter rights than I do?" asks this Canadian police officer who has protected Canadians for over three decades.

From Canada Day (July 1, 2014) forward, his private financial records held with his Canadian born wife are at risk of being handed over to a foreign government without warrant and with full support of his Canadian bank and Canada Revenue Agency (CRA). Yet, as a police officer he cannot view the financial records of persons suspected of crimes without a court order.

"Imagine my surprise when I found out that the U.S. considers me a criminal," says C.C.

That is because C.C. has never filed U.S. tax returns his entirely Canadian earned, saved and taxed income. He did not suspect until last year that the U.S. IRS demanded this simply because his Canadian mother gave birth to him in the U.S., the nearest medical facility, over a half century ago.

"My only crime is my birthplace, something I had no say in."

C.C. feels betrayed by his own Canadian government. As a Canadian citizen since birth who also enforced Canadian laws for over 30 years, he is stunned that the Conservative government–which he has supported and voted for his entire adult life–passed a law that will prevail over all other Canadian laws enabling a foreign government to seize his family’s legal financial records.

"They let the U.S. dictate that I am American and allowed the U.S. to make Canadian laws."

C.C. is one of an estimated one million Canadians and their families affected by FATCA. He is joining other Canadians to raise funds to mount a legal and constitutional challenge in Canadian courts to protect their rights through the Alliance for the Defence of Canadian Sovereignty (ADCS).

"I cannot believe that the Investment Funds Institute of Canada actually "commends" the Canadian government (Tax-News June 17, 2014) for an agreement that makes discrimination against one group for Canadian citizens mandatory based on place of birth, sacrifices  fundamental rights of one million Canadians, and surrenders Canadian sovereignty to a foreign bully," says Dr. Stephen Kish, Chair of ADCS Board of Directors. "We will fight this violation of Canada's constitution and Charter of Rights and Freedoms all the way to the Supreme Court of Canada to protect our rights and stop this imposition of American law on Canada. 

"In the United States itself, Republicans Overseas Action Inc is also taking this direct approach and is seeking donations for their own anti-FATCA litigation campaign. My hope is that one or both of these litigation efforts will be successful in killing the FATCA law and help convince U.S. Congress to abolish citizenship-based taxation."

Donations have been received from Canadians and people around the world for the legal challenge. To learn more or to donate, see Alliance for the Defence of Canadian Sovereignty or contact Dr. Kish at


Tags: law | Canada | FATCA | United States | tax | Tax | Compliance | Foreign Account Tax Compliance Act (FATCA) | court | Internal Revenue Service (IRS) | Invest | Investment | Investment



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