…and Plaintiffs go on to say:
“The notion that a foreign state could indirectly cause the violation of a Charter right in circumstances where Canada could not do so directly simply cannot be accepted. This is a deeply illiberal proposition and it would undermine the principle of the rule of law which explicitly animates the Charter.”
UPDATE: FATCA IGA litigation in Canada Federal Court: The guts of our Plaintiffs’ (Gwen and Kazia) arguments and those of the Government we oppose (for simplicity, “Canada”) can now be found in four court documents submitted between October 3 and December 13, 2018 (see below for some excerpts). The Court submissions can be found on our ADCS website.
The trial, which fleshes out the written arguments in orals in Federal Court, will be held the week of January 28, 2019 (next month) in Vancouver. We hope that some of you will attend.
OUR JANUARY 2019 TRIAL WOULD NOT HAVE HAPPENED WITHOUT THE GENEROUS SUPPORT OF BROCKERS.
FUNDING WILL BE NEEDED FOR THE EXPECTED APPEAL: A trial decision will come at some indeterminate time later (June 2019?) and it can be expected that THERE WILL BE AN APPEAL NO MATTER WHO WINS.
— However, our appeal will only happen if we are successful in seeking funds, again from our supporters, for the costs of the appeal (Canada has unlimited funds from taxpayers). Also please appreciate that Gwen and Kazia have subjected themselves to personal and financial liability on your behalf.
At present we do not intend to seek funds for the appeal costs until pronouncement of judgement.
The first filing deadline is 30 days after court decision, and then a series of new 30 day deadlines kick in, and we will need to scramble very quickly to obtain the necessary funds our legal team will need to pay for their costs.