ADCS-ADSC LITIGATION UPDATES: Key Actions, Milestones and Timeline Estimates

SUMMARY OF ADCS LITIGATION:

We have 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). Three Directors have renounced U.S. citizenship and one remains a citizen of both the United States and 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 have now appealed the ruling on the 2019 Charter trial, to Canada’s Federal Court of Appeal, and are awaiting a trial date, expected to be in 2021.

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