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Updates on class action law suit about CRA Abuse and the Tax Man Documentary

Posted By Dan White On November 19, 2009 @ 9:08 am In Tax Topics | No Comments

I have been following this class action suit and also an in dialog with Ian Jaminson about the Tax Man movie. This is going to be pretty interesting to see what is going to happen.

I am privy to inside information on some other things that will bring light to CRA abuse in Canada.

I am currently doing an article on what you can expect in the next round of assult by CRA. There level of agression would indicate that the crunch is on for auditors to collect as much as they possibly can.

I am also writing an update on the pros and cons of HST.

Be sure to watch my blogs.

Best Regards

Dan White

[1] www.taxauditsolutions.ca

The following article is from i-NewsWire as posted by Valerie Hall. It is a very interesting read.

Canadians Wake Up to Injustice and Stand Up For Their Human Rights: Landmark Proposed Class Suit Against CRA
Posted October 27th, 2009 by ctfb111
in

The Canada Revenue Agency acts like a private police organization while it usurps democratic rights and freedoms. CRA criminal investigators now have badges and it’s only a matter of time before they carry weapons and are armed like the IRS. They will eventually convince the federal government that providing them with their own weapons will save taxpayers money. CRA now routinely hires RCMP and other police forces to back them up during their audits as well as search and seizure operations.

The CRA forces Citizens and businesses into bankruptcy. Widespread corruption and incompetence of the CRA cause Canadian families to lose their homes, businesses and income. The unrelenting financial terror of the CRA and it’s financial consequences has resulted in broken families and suicides. The CRA directs distressed or suicidal callers to the Salvation Army’s Suicide prevention services.

The grounds for the proposed Landmark Class Suit against the CRA and the Minister of National Revenue, include extortion, breach of trust, abuse of process, negligence, fraud, discrimination, harassment, intentional infliction of emotional distress, breach of privacy, breech of confidential relationship, invasion of privacy, arbitrary targeting of taxpayers and abuse of power. Canadian Citizens and Small Business Owners are asking financial compensation from the Court for all the damage done to them by the unjust actions of the CRA.

We are witnessing the day by day erosion of democratic rights and freedoms in Canada. Canada is a democracy in name only and not in fact, for some but not for all. Privacy and civil liberties activists are objecting and protesting each time a democratic right disappears. The Supreme Court of Canada unanimously passed a “proceeds of crime legislation” that will allow the police in any province to seize all financial assets they choose of any individual or business “accused” or suspected on the “balance of probabilities” of any crime. This type of law which has a standard that is not as high as the “criminal test of proof beyond a reasonable doubt”, has been misused in other countries such as the United States.

Canada rejected more than half of the 68 United Nations recommendations other countries say will improve Canadian human rights standards.The Public Service Alliance filed a Charter of Rights Challenge in court over the erosion of workers’ and women’s constitutional rights. The claimants allege that Harper government hid regressive laws in the budget. Canadian women’s rights groups and Unions have sent a human rights complaint in a communication to the United Nations Commission on the Status of Women regarding Canada’s current practice of systematic discrimination against women.

The Federal Government of Canada is trying to pass a law giving police expanded powers to obtain certain e-mail subscriber identifying data such as name, postal/email/IP address, telephone number, cell phone identifier without a search warrant or court order or any reasonable grounds to suspect criminal activity. The Federal Court of Appeal has already given the taxman approval to collect the names and sales figures for eBay’s top national sellers of $1000 or more in monthly sales although the computers are in the United States.

Unfortunately the Federal Government has a poor record for keeping immigrants families together as demonstrated recently by the shabby treatment of Mikhail Lennikov. Recently the Sheikh and Chaudhry families originally from Pakistan were deported by armed CBSA agents. The federal government and it’s agent the CRA continue to discriminate and target immigrants such as the farm workers.

The CRA commits criminal acts with impunity. Soon the police and Canadian Security Intelligence Service (CSIS) will have all the power they need to “legally” abuse Canadians in exactly the same manner as the CRA already abuses those they target “outside the law”. Equal rights under the law and due process of the law are becoming a thing of the past while Canadians are sleeping.

As a result of these drastic life changing consequences of inequality and injustice in Canada, the targeted Citizens and business owners are losing faith in the Government of Canada and the Justice System.

The Government of Canada must be held accountable for the targeting, abuse and loss of human rights and democratic freedoms of ordinary Canadians and small business owners caused by the unjust actions of the CRA.

The Taxpayers Ombudsman and the Auditor General are not doing enough to ensure that Democracy, Human Rights and Equal Treatment for everyone in Canada is a fact and not just a theoretical concept available for some but not for all.

It is the duty of the CRA as a private agency representing the Government of Canada, to serve Canadian citizens and businesses not to enslave or destroy them.

The CRA routinely and arbitrarily targets individual citizens and businesses in all regions of Canada, violating the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, the Canadian Bill of Rights, the Statutes of Limitations, Contract Law and the Income Tax Act itself including the Taxpayers Bill of Rights.

Every Citizen and Small Business Owner who is targeted by the CRA loses their human rights and democratic rights and freedoms which are in theory guaranteed by the Canadian Charter of Rights and Freedoms.

The Canadian Justice system is not accessible to every ordinary Citizen and business owner. Justice is only available to those who have sufficient wealth to pay for it.

The Ministry of Justice is more concerned with protecting the CRA than with ensuring that justice is served in Canada. The federal Ministry of “Justice” is actually trying to prevent the fair compensation of targeted Citizens and Businesses for the abuse they have suffered from the actions of the Canada Revenue Agency (CRA).

The CRA gets away with abusing targeted Canadian Citizens and businesses because of the complacency of the Canadian public and major media in Canada.

The CRA counts on the complacency of most Federal MP’s who are primarily concerned with staying elected and earning a government pension rather than sticking their necks out and fighting for the rights of the ordinary Canadian Citizens and Small Business owners.

The CRA counts on targeted Citizens and Business owners being too worn out emotionally and financially, too intimidated or embarrassed to go public concerning this blatant abuse and stripping away of their democratic rights and freedoms.

The CRA counts on the high cost of legal action making the Justice system of Canada inaccessible to the targeted individuals and small business owners.

Canadian citizens’ and businesses’ bank accounts are seized and the CRA issues liens on personal, business property, and insurance policies. These liens are often based on improper certificates - RTP- Requirements To Pay instead of proper Court Orders or Judgments of the Court. The democratic rights and freedoms of targeted Canadian Citizens and businesses are effectively canceled since they are denied due process of the law.

Blatant intimidation tactics of the CRA cause financial hardship, damage to human dignity and psychological suffering to the members of the Proposed Suit.

It is unconscionable that the CRA enables the intentional arrogance and misconduct of the tax agents who act as if they are not accountable to the law in the process of carrying out their duties.

Completely ignoring taxpayers rights as well financial resources, the CRA reassess tax returns, threatens to take legal action if the taxpayer does not comply with the demands for private information, payment of arbitrary fines, interest and alleged taxes using a process of blackmail and extortion which is similar to tactics used by communist and fascist regimes.

Tax agents bully, harass, intimidate, and illegally demand financial information from Canadian taxpayers.The CRA issues illegal garnishment orders based on Statutes without proper Court Orders or registered letters or registered certificates signed by the Minister of National Revenue.

These are in fact just an RTP and are improperly, illegibly signed by anonymous CRA officials with no identifying information: lacking printed name, title and no witness. Therefore they are not even a legal document and are invalid.

The Minister of Revenue orders the garnishment at the highest rate, in order that the income of taxpayers is seized as quickly as possible with blatant disregard for the resulting human suffering. The CRA garnishes income from any source including family benefits, disability allowances, pensions,business income, investments.

All taxpayers objections are ignored and swept aside with invalid excuses in a pathetic attempt to terrorize people and hide the gross incompetence of the CRA and its practices of Statute driven extortion. This ruthless intimidation is intended to pressure the taxpayer to enter into a contract with the Minister of National Revenue to pay the alleged amount demanded.

Demanding the taxpayers financial information ignores Sections 7 and 8 of the Canadian Charter of Rights and Freedoms and effectively cancels the rights to privacy, silence and protection against self-incrimination.

On February 11, 2009, Louise Dickson of the Victoria Times Colonist described the Charter of Rights Victory in Court against the CRA by Hal Neumann and his wife Maureen Rivers. This precedent setting case, “Jury awards B.C. man $1.3M for taxman’s raid”, resulted in the Supreme Court Jury of B.C. ruling that the CRA invasion and search of a citizens home violated the privacy protection in Section 7 and the right to be secure against unreasonable search or seizure in Section 8 of the Charter of Rights and Freedoms.

Victoria lawyer Steven Kelliher asked the jury to give a message to the CRA — “The CRA don’t rule us. They have an obligation to respect our fundamental rights. They serve us. They don’t prey on us.” The verdict of the jury substantiates the following statement: “Gestapo tactics of the Revenue Agency Brought to Light”.

The Minister of Justice and CRA are appealing the $1.3 M compensation awarded by the jury because it is greater than all the previous Court awards given to victims of CRA search and seizure. The request for an apology from the Minister of National Revenue is also being appealed. Hal Neumann, a Saanich businessman, was granted access to the award by the B.C. Court of Appeal on May 25, 2009 until the appeal is heard.

As reported by Cheryl Chan in The Province on April 24, 2009, the Minister of National Revenue and CRA are refusing to compensate a former B.C.business owner Irvin Leroux for loss of his home, business and income caused by the abusive and incompetent actions of the CRA who targeted him.

On Thursday, April 23, 2009, Kathy Tomlinson of CBC News interviewed Jill Moore and Irvin Leroux involved in a tax fight with the CRA over a million-dollar tax bill not owed — and won —. However, the CRA and the Government of Canada did not compensate them for their financial loss and other damages caused by the abuse by the CRA.

Glen McGregor of the Ottawa Citizen reports that Tory MP Dick Harris who tried to help Leroux, compared the private federal tax collectors, the CRA to terrorists.

Wally Oppal, former Attorney General of B.C did not respond to the Notice of Claim for the Statement of Claim- File No. S-116959 in New Westminster, B.C, which objects to a “bogus” notice of liens that the CRA used to change the title of a Canadian citizen’s properties.

Donors owe millions in taxes and numerous charities lose revenues after CRA revokes charitable status from one charity after another. John Nicol of CBC News reported that Lawyer David Thompson of Scarfone Hawkins LLP who filed a Class Suit against Banyan Tree Foundation said that the CRA should also take some responsibility.

Bud Webster a former foster parent from Victoria, so broke and depressed he wanted to kill himself. Webster gave up foster parenting and launched a lawsuit against the province of B.C., because the CRA illegally taxed his income and caused him to incur $100,000 in legal bills and unbearable stress. Webster said that raising troubled youth was easier than fighting CRA. He won the fight on behalf of other foster parents so they no longer have to endure abuse by the CRA.

Ontario foster parents Tom and Helen Brouwer also gave up foster parenting, after they were billed for $100,000 in back taxes. It took six years before Revenue Canada admitted it made a mistake. At the time, in 2003, the agency pledged to make sure foster parents across Canada would be treated fairly and equitably.

Accountant Dave Hansen told Go Public reporter Kathy Tomlinson that the Canada Revenue Agency is ‘incompetent’ in carpenter Dennis Collins’s case. The honest carpenter was reassessed $ 500,000 taxes plus $67,000 GST after all his expenses were disallowed and tax information was sent to his wrong address due to CRA errors.

Unfair tax laws requiring taxes to be paid on the stock value at time of purchase, will result in bankruptcies of thousands of Canadians who own worthless stock options from their employers, purchased before the market fell.

The greed and incompetence exhibited by the CRA makes one wonder whether it is the CRA who is in charge instead of their employer the Federal Government of Canada.

http://www.cbc.ca/bc/features/gopublic/2009/04/who…

According to Kim Bolan as reported in the Vancouver Sun on July 21, 2008, the CRA withdrew demands for detailed financial information about earnings and assets of Hells Angels, including any - hidden - outside the country because it violated the Income Tax Act and the Charter of Rights and Freedoms.

Vancouver lawyer David J. Martin, wanted a declaration that the CRA was guilty of illegal conduct by targeting the plaintiffs through an initiative known as - Project MOGAL, - or the - Hells Angel Project - HA - . The CRA gave private financial information to third parties, including the police.

The CRA withdrew the letters of requirement in a precedent setting - out-of-court - agreement made on the same date as the Federal Court challenge was to be heard a year ago in the spring .

The Canada Revenue Agency is out of control and acting like an agency in a fascist or communist dictatorship removing the democratic rights of Canadian Citizens and businesses in a systematic process of statute driven extortion.

The Provinces are allegedly in collusion with the CRA and cooperate to register invalid notices of garnishment based on RTP- CRA requirements to pay which do not constitute judgments of the Court and are not a legal instrument.

Wally Oppal, former Attorney General of B.C did not respond to the Notice of Claim for the Statement of Claim- File No. S-116959 in New Westminster, B.C, which objects to such a “bogus” notice of liens used to change the title of a Canadian citizen’s properties.

The Minister of National Revenue continues to ignore the human consequences of the unjust actions of his agency the CRA and removes the individuals power to self govern his life, and live independently in safety, freedom, and protected from unlawful seizure of personal and business assets. By these improper acts and omissions the CRA with the aid of the Provinces deprives Canadian citizens of equal rights under the law and due process of the law.

Ian Jamieson is producing a feature film documentary exposing the CRA, ” The Tax Man ” is expected to be approximately 120 minutes running time. This new film will give Canadians a unique opportunity to give the CRA a strong message. People will be able to speak their minds about how they feel about the abuse the CRA has inflicted upon them. Documentary Film provides a valuable way to get the critical message across to the public and the politicians about the reality of the devastating human costs of taxpayer abuse. No financing for the film comes from any government agency, directly or indirectly.

“The Tax Man” will be seen by millions of people over many years. They have been already been overwhelmed by large numbers of stories of abuse by the CRA from across Canada. There are a lot of people who are terrified of appearing on camera because of fear of reprisals. However, there are many more, who are saying enough is enough and they are going to appear on film.

The film is currently in production and will be filmed across the country. In October they are starting to film taxpayers and lawyers in Victoria. Interviews will be organized for those interested in appearing in the film.

The film is planned to be ready for the festival circuit, Cannes, Sundance, MIP, TIFF and numerous other festivals as of April, May of next year. The release of the film in theaters will probably be closer to Christmas 2010. There will be a simultaneous release of the high definition DVD version. The film will be distributed world wide.

For more information or to join the Proposed Class Suit Against CRA contact Canadian Taxpayers Fight Back: classactioncra@gmail.com

Documentary film ” The Tax Man ” being produced by Ian Jamieson. theproducer@thetaxmanmovie.com
http://community.icontact.com/p/cantaxpayer/newsle…

Revenue officials appeal ‘earth-shattering’ $1.3-million lawsuit: copy of Neumann article in a blog
http://www.sectorprivate.com/2009/03/jury-awards-1…

Taxpayer abuse is the CRA’s mess to clean up
http://www.canada.com/vancouversun/columnists/stor…

CRA refers people who are suicidal due to abuse by CRA, to the Salvation Army
http://salvationist.ca/2009/03/the-silent-ministry…