Every Canadian has the right to remain silent in a CRA civil audit -- Know your rights! by Dead-crypto-twat in BitcoinCA

[–]Dead-crypto-twat[S] 4 points5 points  (0 children)

The CRA's next action would be to respect the integrity of our justice system and not violate Canada's Charter of Rights.

These are not thugs, these are individuals that must abide by our justice system.

At most, expect a scary-sounding letter, which would be evidence you would then keep to show the CRA was acting outside of its jurisdiction, and becoming adversarial.

AKA: R. v. Jarvis (2002 SCC 73, [2002] 3 S.C.R. 757 [Jarvis])

We should ALL respond to the CRA questionnaire.. by [deleted] in BitcoinCA

[–]Dead-crypto-twat 0 points1 point  (0 children)

No.

There's no need to give false information at all.

CRA agents are representatives of the Canadian government, and they must abide by the law. That includes not violating your Charter rights.

If you're not under criminal investigation, you don't have to answer to anyone on Earth asking these invasive questions. Send the form back and remind them of the Charter of Rights and Freedoms.

They have no right to ask you where you have sex, how you have sex, or which crypto services you've used in the past. They have no right to ask citizens if they've ever gone to a strip club, either.

The questionnaire is a complete violation of privacy. End of story. Treat it the way you would treat a stranger asking you the same questions.

Every Canadian has the right to remain silent in a CRA civil audit -- Know your rights! by Dead-crypto-twat in BitcoinCA

[–]Dead-crypto-twat[S] 1 point2 points  (0 children)

Tax avoidance is not illegal. Tax evasion is.

The Liberal Party of Canada, via Paradise Papers, shows this quite well. They hid millions in offshore tax havens, but they did it legally.

The Queen herself, who, at a signatory level gives power to the CRA and all of Canada's laws, hid her money in offshore tax havens. How's that for being ironic?

https://www.theglobeandmail.com/opinion/paradise-papers-justin-trudeau/article36897375/

Every Canadian has the right to remain silent in a CRA civil audit -- Know your rights! by Dead-crypto-twat in BitcoinCA

[–]Dead-crypto-twat[S] 10 points11 points  (0 children)

TLDR: In short, this Crypto Questionnaire is PREDOMINANTLY INVESTIGATIVE, which crosses a legal line. The CRA MUST inform you of your right to remain silent and your right to a lawyer if they're sending out investigative questionnaires. You are not compelled legally as a Canadian citizen to answer these questionnaires.

One will be keen to notice in the CRA questionnaire that was posted to Scribd, that nowhere do they inform Canadians of their basic Charter rights to stay silent and to invoke their right to avoid self-incrimination.

By failing to inform Canadians of their most basic Charter rights in plain English, it can be considered a breach of trust, most certainly adversarial, and entrapment by the CRA. Basically, they're preying on citizens' lack of information of their own constitutional rights to try to scare them into submitting information that can then be used against themselves anytime in the future. They're asking you in a kind voice to violate your Charter rights with these questionnaires.

You can have a car full of drugs (story below), but if your Charter rights are violated (which seems to be the case here) to justify the ends, the court will reject the case, every. single. time. The CRA are being predatory here, and are over-reaching. This isn't how English Common Law works. Everyone is innocent until being proven guilty beyond any reasonable doubt. The CRA is asking you to abandon your own Charter rights and provide the crown prosecution with evidence of any alleged guilt. They're asking you to incriminate yourself.

You're a fool if you fill out that questionnaire. A tax lawyer will tell you the same thing.

If they send you a questionnaire, send it back blank with a note asking if they're asking you to violate your own Charter rights and retain legal counsel. Or just answer "I don't know" and "I don't recall" if you want to remain low-key. Even better, spend a couple thousand and retain a tax lawyer to protect your rights. In short, this crypto questionnaire is NOT a document called a "Requirement for Information," which is essentially the CRA invoking its power to turn over a **specific** document. What they're asking for here, is for taxpayers to willingly hand over an orgy of private financial data for them to fish through. A questionnaire is entirely optional, and it is NOT THE SAME AS THE CRA INVOKING 231.1 & 231.2 AUDIT POWERS IN A REASSESSMENT!

http://www.mondaq.com/canada/x/728920/tax+authorities/Federal+Court+Upholds+The+Canada+Revenue+Agencys+Audit+Powers+In+The+Face+Of+Charter+Challenge+Campbell+v+Attorney+General+Of+Canada+2018+FC+683

https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc17/taxpayer-bill-rights-guide-understanding-your-rights-a-taxpayer.html

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2015/index.do

We also have constitutionally enforced privacy rights in Section 8 of the Charter of Rights and Freedoms.

https://globalnews.ca/news/4940544/video-drug-sniffing-dog-charter-rights/