I want to give you a status update on the Alliance for the Defence of Canadian Sovereignty (ADCS-ADSC) “FATCA IGA” lawsuit against Canada’s Justin Trudeau Government.
Our lawsuit argues that the Canadian legislation that enables the U.S.-Canada FATCA “agreement”, made under threat of financial penalty imposed by the U.S., violates Canada’s Charter of Rights and our Constitution.
The Case Management Judge who is handling the logistics of the lawsuit has asked for a status update from Plaintiffs Ginny, Gwen, and Kazia. Our Vancouver litigators responded on their behalf on November 4, 2016 and said:
“We can advise that counsel for the Attorney General has advised counsel for the Plaintiffs that the Attorney General will be filing a motion for production of documents and particulars within the next two weeks.
The Plaintiffs intend to file a summary trial motion and supporting materials by December 2016. The Attorney General takes the position that a summary trial cannot proceed, even with respect to setting dates for service of materials in response, until the Attorney General’s motions have been resolved, any resulting orders satisfied, and examinations for discovery of the Plaintiffs have been completed.”
This means that our litigators expect to provide the Court with the submission for the Constitutional-Charter FATCA IGA trial (including expert testimonies and witness affidavits) by December 2016.
However, there is ongoing back and forth between Government and our side regarding timing of the production of “documents” (I can’t go into the details). These disagreements will have to be sorted out by the Court and could result in a delay in the trial, which will be held in Federal Court next year.
I know that litigation moves slowly, will keep you posted on developments, and thank you for your patience.
The Claims can be found HERE.
SURGITE!
Thanks for the update! Glad to hear the submission will be in by the next month! 🙂
It turns out one of the Brexit judges in the UK is married to an American woman.
http://www.dailymail.co.uk/news/article-3903436/Enemies-people-Fury-touch-judges-defied-17-4m-Brexit-voters-trigger-constitutional-crisis.html
If something so serious, so TREMENDOUS, as a violation of Canada`s Charters of Rights and Constitution is going on, then please explain to me how such a lawsuit can be dragged on for years while the information is already being sent to America? I just don`t get it. IF anybody took this seriously- wouldn`t an emergency court hearing be called for?
@Polly, spot on.
@Tim, I saw that too and my first thought was how to rat her out as no doubt based on simple odds she and hubby are non compliant.
How very unpleasant.
I was an American-born woman married to a UK-born man for many years. As I didn’t then know about CBT, it never occurred to me during that time that I was vulnerable to being “ratted out” to the IRS by some other American as a way of attacking my then husband.
@Polly
The legal system isn’t about justice, it’s about expensive procedural wrangling, especially by defendants. We are in for a long, drawn out trial, where the defendant has no end of our money to spend dodging and weaving.
@ Iota
“How very unpleasant”
I agree, why out others suffering in the same way who can do nothing about it?
The Brexit judge would not be able to fight our injustice unless a case was brought before him.
It’s politicians or journalists whom would have the tools at their disposal to expose Fatca injustice.
Boris Johnson, Hilary Wedgewood Benn, Will Self, Janet Daley (Telegraph) and many others who could have acted have said nothing on our behalf.
They are the ones who need outing.
@Heidi, anyone and everyone that is PART of the political elite establishment deserves equal opportunity at being tossed under the bus.
THEY can make a difference and their silence is deafening. THEY need to feel the pain and anguish.
In regards to minnows? I would help ten thousand minnows swim away I could.
“Boris Johnson, Hilary Wedgewood Benn, Will Self, Janet Daley (Telegraph) and many others who could have acted have said nothing on our behalf.
They are the ones who need outing.”
You can’t “out” a person who’s not in a closet.
Personally I believe people have a right to make their own choices about what to write about, what cause to support, who to marry, and what citizenships they wish to hold or renounce.
Iota
Don’t all those in a position of power to do something owe it to their fellow Americans? Just as we minnows who have been so affected, seek to help others in the same position here on Brock.
They may have a right to stay silent, but they do not have the right of our respect.
@heidi – “Don’t all those in a position of power to do something owe it to their fellow Americans?”
People get to decide for themselves who they fell they ought to “do something for.”. It’s not some kind of obligation that gets hung around your neck at birth along with US citizenship.
“Just as we minnows who have been so affected, seek to help others in the same position here on Brock.”
Some minnows do, some minnows don’t. Everyone has the right to choose whether they want to post on a forum.
“They may have a right to stay silent, but they do not have the right of our respect.” You’re entitled to respect or not respect whoever you like, naturally. Personally, I have a lot of respect for Will Self – the others you mention, not so much, but it’s got nothing to do with who their mother/father/spouse/partner is or was.
@ Iota
Then what has it to do with?
We should all keep quiet, stay under the radar, save ourselves?
These are people who have chosen to be our representatives in parliament or in the free press. They through their chosen careers have a responsibility to represent us as their constituents or as their fellow members of the British public to expose injustices just as I had the responsibility to treat my patients to the best of my ability.
@heidi – “Then what has it to do with?”
Do you mean, what is my respect / lack of respect based on, if it’s not based on who a person’s father / mother / spouse / partner is?
I respect Will Self because I always find his writings and broadcasts interesting, informed, well-reasoned and thought-provoking.
I don’t respect Boris Johnson because he has chosen to play the buffoon in UK politics and repeatedly makes a fool of himself – not to mention his willingness to collude in assault, as previously discussed.
I don’t respect Hilary Benn because he sees to me an incompetent politician.
I don’t respect Janet Daley because she is in my view a bad writer in all the ways Will Self is in my view a good writer.
“We should all keep quiet, stay under the radar, save ourselves?”
Obviously, we should all make our own decisions about what we should do.
“These are people who have chosen to be our representatives in parliament or in the free press.”
Two of them have been elected to represent their constituents. None of the four has any duty to represent anyone else. If you’re a constituent of Hilary Benn or Boris Johnson, then of course you’re entitled to seek assistance from them. For that matter, you could write to any one of the four and ask them what they think of FATCA.
@ Iota
All I am saying is that I would expect others who are in a similar situation as ourselves and who are also in a position to do something about exposing this injustice, to do so.
I am not for ‘ratting anyone out’, I just feel a great sense of betrayal from those who could, but do nothing.
Wil Self has much to say on injustice, he must know of the situation but he says nothing.
I have great respect for Terry Gilliam who exposed this situation back in 2006 when he very publicly renounced along with his reason why.
There has been a very deafening silence from those who could speak out but have done nothing.
@heidi – it’s the USG that’s responsible for CBT/FATCA, not dual US/UK writers/politicians.
@iota
Heidi is saying that these people could SPEAK OUT – couldn’t they? Nobody is saying anything. The whole world is being silent.
@Polly – FATCA is not of interest to everyone. It’s not necessarily of interest even to all USPs. I’m not at all surprised that Will Self (who has written about his decision to get his first US passport) or Boris Johnson (who couldn’t oppose FATCA even if he wanted to) or Hilary Benn or Janet Daley – don’t feel moved to take up FATCA as a subject to speak about or write about. It’s not what most of their readers / constituents are interested in. And very likely, neither are they.
Iota
Of course the USG are responsible.
But why are you and I and the rest of the renounced Brockers still here? Surely we are here as we have felt a collective responsibility for each other.
There are many who could do much more, they have been champions of other causes but chose to keep quiet about this one. I am more than disappointed with those whom are more than able but chose to do nothing.
With respect, I will leave it there.
@heidi – “…why are you and I and the rest of the renounced Brockers still here? Surely we are here as we have felt a collective responsibility for each other.”
For a variety of reasons, perhaps. Speaking for myself, I am interested in FATCA, and am still trying to understand the origins and possible future developments.
“With respect, I will leave it there.”
Agreed.
@ Iota
Why would they NOT be interested in writing about this injustice if they are deemed US persons by the IRS?
I
OK truce 🙂
Thank you for this post, Stephen. It’s good to hear that our case is due to be heard in 2017. Do I understand correctly that the possible delays you mentioned will just be a matter of weeks or months within the 2017 calendar year?
@iota
On people not writing about what they don’t write about. I’ve noticed that a lot in this subject. Perhaps the most maddening aspect of this issue is the wall of silence from the policymakers with the power to fix it, when it comes to the impact it has on expats. It seems their strategy is to pretend the issue doesn’t even exist.
In my opinion, it is absolutely crucial for Brockers and others to break that wall of silence. Keep pushing to provoke a response.
@beneficii – which policymakers do you see as having the power to fix it?