“It should be noted that the Court’s Guidelines on Public and Media apply to remote hearings. Unless the approval of the Court has been sought and granted, taking photos or screen captures during the course of the hearing is prohibited as is the broadcast or distribution of recordings of the hearing, in whole or in part. . . . Members of the public and media wishing to access a remote hearing should write to Information@fca-caf.gc.ca and provide the following information in relation to the hearing that they would like to view remotely: case name, case number and hearing date. Instructions on how to join theremote hearing will be sent by email.”
Case name (Deegan et al. vs. Attorney General et al.), case number (A-370-19) and case date (March 30, 2022).
Each person has to get their own link for the hearing as Federal Court does not allow it to be shared publically.
Thank you for this info! Very best of luck to the courageous plaintiffs today 🙂
Well, it’s been a few days. Does anyone have any news about the hearing? Is it ongoing? Someone needed to be the first to ask. ; )
Our side pointed out in part that the FATCA turnover was not initiated by Canada or was needed to address a law of Canada, but rather done in order not to be severely harmed by the U.S., that this international context is important, that ending US citizenship is not a simple matter — more than just asking to take your name off a list, that the FATCA turnover involves a dragnet, overly broad approach vs. focussed approach for a specific purpose, and that the turnover could well result in criminal prosecutions.
Canada argued that FATCA IGA law is reasonable re: Charter section 8, the FATCA turnover involves no more than a simple T5 slip, that the focus is not on criminal penalties but rather on promotion of compliance, that taxpayers have only minimal expectation of privacy in banking info, e.g., that US already asks each US citizen for such information – FATCA is not a new intrusion and affected Canadians still have duty to report to U.S., that the search is unintrusive, and — yes, US CBT is exceptional, but Canada will just have to live with that.
The Appeal Court will now weigh arguments and I estimate that we will find out Court decision in about 4-6 months.
Thanks for that. Couldn’t make the “live” hearing.
For those who could, what were your impressions? Do you think this is winnable? Or is the next step the Supreme Court? Thanks for your efforts, though. Of course, hoping for the best outcome!
Amazing!! Thank you for all your hard work!
This will be streamed live on-line. The info on how to obtain remote access to the Appeal Court hearing, along with the e-mail address to contact for access, is found at this link:
https://www.fca-caf.gc.ca/fca-caf/pdf/Public-and-media-access-to-hearings-EN.pdf
Case name (Deegan et al. vs. Attorney General et al.), case number (A-370-19) and case date (March 30, 2022).
Each person has to get their own link for the hearing as Federal Court does not allow it to be shared publically.
Thank you for this info! Very best of luck to the courageous plaintiffs today 🙂
Well, it’s been a few days. Does anyone have any news about the hearing? Is it ongoing? Someone needed to be the first to ask. ; )
The hearing in Canada’s Federal Court of Appeal was a one day only trial that began and ended on March 30, 2022. One personal account of the trial is on Twitter:
https://threadreaderapp.com/thread/1509210940167892997?refresh=1648676869
Our side pointed out in part that the FATCA turnover was not initiated by Canada or was needed to address a law of Canada, but rather done in order not to be severely harmed by the U.S., that this international context is important, that ending US citizenship is not a simple matter — more than just asking to take your name off a list, that the FATCA turnover involves a dragnet, overly broad approach vs. focussed approach for a specific purpose, and that the turnover could well result in criminal prosecutions.
Canada argued that FATCA IGA law is reasonable re: Charter section 8, the FATCA turnover involves no more than a simple T5 slip, that the focus is not on criminal penalties but rather on promotion of compliance, that taxpayers have only minimal expectation of privacy in banking info, e.g., that US already asks each US citizen for such information – FATCA is not a new intrusion and affected Canadians still have duty to report to U.S., that the search is unintrusive, and — yes, US CBT is exceptional, but Canada will just have to live with that.
The Appeal Court will now weigh arguments and I estimate that we will find out Court decision in about 4-6 months.
Thanks for that. Couldn’t make the “live” hearing.
For those who could, what were your impressions? Do you think this is winnable? Or is the next step the Supreme Court? Thanks for your efforts, though. Of course, hoping for the best outcome!
The summary by John Richardson is not promising.