In a consultation Tiger, Somerfugl and I had with a lawyer today, he assured us Canada’s Bank Act and privacy laws protect the rights of all Canadians.
Because Canadian laws have not been amended to accommodate FATCA, he advised us there is no basis for a lawsuit now, but there may be in the future if the government changes the laws or if banks don’t adhere to the current Bank Act or privacy laws.
The lawyer made an excellent suggestion that we contact Jennifer Stoddart, Privacy Commissioner of Canada, asking for her support and assistance in ensuring these laws are not changed to accomdate FATCA.
He said Ms. Stoddart is an “ardent” advocate of privacy rights for Canadians. He said Ms. Stoddart not only looks at rights under existing laws, but also advises government on what laws relating to privacy should and shouldn’t be enacted.
Based on the Privacy Commissioner’s website, it seems this would be the best address to write:
Ms. Jennifer Stoddart, Privacy Commissioner
112 Kent Street
Place de Ville
Tower B, 3rd Floor
Their website states they do not accept complaints by e-mail, but I don’t know if that applies to submissions of this nature
Finally, the lawyer encouraged us to maintain pressure on Canadian politicians to prevent changes to Canada’s Bank Act and privacy laws.