SUMMARY OF ADCS LITIGATION:
We established a non-profit corporation, registered with Corporations Canada, with the overall objective of ending the harm caused by United States laws, and Canada’s compliance with the foreign laws, to people living outside the U.S.
Our corporation, the Alliance for the Defence of Canadian Sovereignty (see ADCS website), is at present focused on an ongoing lawsuit, since 2014, opposing the Government of Canada’s legislation that enables the U.S. FATCA (Foreign Account Tax Compliance Act) law. The Canadian legislation mandates that Canada must hunt down and turn over, to the U.S. Internal Revenue Service (by way of Canada Revenue), Canadians the United States deems on its own to be “U.S. persons”. ADCS claims that the Canadian legislation violates Canada’s Constitution (sovereignty) and Charter of Rights and Freedoms.
The four Directors of ADCS are: Stephen Kish (Chair, Toronto Canada), John Richardson (Co-Chair, Legal Counsel, Toronto), Patricia Moon (Secretary-Treasurer, Toronto) and Carol Tapanila (Calgary, Canada).
ADCS-ADSC CANADIAN FATCA IGA LAWSUIT:
— On April 21, 2014 our Alliance for the Defence of Canadian Sovereignty (ADCS-ADCS; “ADCS”) is legally incorporated in Canada under the Canada Not-for Profit Corporations Act.
— On August 11, 2014, Constitutional Litigator Joseph Arvay, acting on behalf of Plaintiffs Ginny Hillis and Gwen Deegan, and the Alliance for the Defence of Canadian Sovereignty, files lawsuit in Canadian Federal Court opposing the legislation enabling the FATCA IGA. See Claims (amended 2014.10.07).
The trial is split up into an “Tax Treaty” trial (August, 2015) and a “Charter” trial (January, 2019).
— On September 16, 2015, Justice Martineau rules against Plaintiffs’ claims argued in August 4-5 2015 “Tax Treaty” Summary Trial. However, he notes that the Charter of Rights and Freedoms and Constitutional claims filed in August 2014 were separate and not dealt with in the summary trial. Isaac Brock Society thread on Justice Martineau’s decision. See: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/119873/index.do
— We were also unsuccessful in an injunction to prevent the September 2015 FATCA turnover.
— Our Charter-Constitutional trial took place on January 28 to February 1 2019 in Canada’s Federal Court in Vancouver. We lost the decision.
— We appealed the Federal Court ruling on the 2019 Charter trial, to Canada’s Federal Court of Appeal, but lost the decision.
On January 10, 2023 our Appellant, Gwen, filed a “leave to appeal” request in the Supreme Court of Canada asking the Court to accept her application to hear the appeal. In argument Gwen asked Court to consider both Charter sections 8 and 1. Section 8 protects against “unreasonable” searches or seizures and section 1 protects rights and freedoms subject to reasonable limits.
On July 13, 2023 the Supreme Court of Canada decided not to hear the appeal, thus exhausting our last opportunity to appeal in the Canadian courts.
Given the Supreme Court decision, the Alliance for the Defence of Canadian Sovereignty (ADCS) has decided to abandon its efforts to end the Canadian legislation enabling the U.S. FATCA law — and will dissolve our non-profit corporation.
The ADCS Board thanks many for past support which made this lawsuit possible: the brave plaintiffs and appellants Gwen, Ginny, and Kazia, the Isaac Brock Society, and the hundreds of people who, since 2014, contributed financially and in other cases their encouragement that this legal challenge was necessary.
Thank you all for your support,
Alliance for the Defence of Canadian Sovereignty