OCTOBER 29, 2017 CANADIAN FATCA IGA LITIGATION UPDATE:
Our trial on Canada’s FATCA IGA legislation in Federal Court will now be delayed further because Mr. Justin Trudeau’s lawyers are having problems obtaining their expert witnesses (our side’s experts have already filed affidavits).
The problem is that Government’s contracting/procurement process is not functioning as it should, and Government is having difficulty establishing the necessary retainer contracts for each of the experts they wish to use.
The hoped for time frame for the experts contracts is now end of November; however, Government experts want at least 12 weeks to prepare their affidavits.
I can’t give you a firm date yet on the trial, but speculate that trial might take place sometime early summer 2018.
— Each year more and more Canadian citizens are rounded up and turned over to a foreign country…
Canada Government delay in our Federal Court trial.
SHAME.My bank in Serbia , Europe doesn t pressure clients to sign that data go to IRS , anymore.Stop mind about vvhat is vvriten on vvikpediaTthay still keep vvrong information , instructed by USA. KEEP GOING TO VICTORY.NO CHAINS , NO SLAVES
Is the US border creating barriers for procurement of their witnesses, because I don’t know what kind of individual Canadian would throw his fellow Canadians under the bus.
How many times do our good guys have to concede to their bad guys’ delays? And if their “experts” need 12 bloody weeks to write their affidavits then how can they even call themselves “experts”. Seems to me the government has had plenty of time over the past 3 years to get their ducks in a row and while we wait for them, yet again, more and more Canadian citizens/residents are getting picked off in the big FATCA shotgun shoot. Permission to stamp my feet in impatience … please?
EmBee,
Any of our worldwide supporters reading my post have to be impatient, frustrated, and angry at the glacial pace of the litigation.
I can only provide a general generic answer to you by saying that our litigation team is well aware of the assistance we can receive from the Case Management Judge, whose job it is to move this litigation forward, and that we use that office when appropriate.
Looking to the future, there will also be the timing unknowns of scheduling dates for all of the required expert cross examinations (unknown as of yet) and the Court’s availability as well as that of counsel.
Even knowing at the beginning that there would be many delays in our lawsuit, and that the end is always uncertain, I am still convinced that our supporters made the right decision to take Canada to court over ceding our sovereignty to a foreign nation. We really had no choice. Everyone, please stay the difficult course.
This is typical obfuscation and foot-dragging by defendants in civil litigation. This is still early going, I would expect that 5 years from now it will still be unsettled. The Gov’t will spare no expense (i.e. use of OUR money) to delay and delay again, filing petty motion after petty motion, and make excuse after excuse. This is why courts are clogged up. In one civil case I was in, it was unsettled after 9 years. I had no expectation that Trudeau and his faux outrage over FATCA would last post-election, and he lived down to my expectations.
@ Stephen Kish
I’m not doubting the decision to take this cause to court — never have. My impatience comes from never having followed a court case before so even though I thought I was prepared for slow going I didn’t realise how devious a government guarding itself (with OUR money) can really be. I did stamp my feet and I imagined Harper’s head under the right and Trudeau’s head under the left. (I don’t know what the government lawyers look like so I went with the faces I know.) With that over I will go back to staying the course.
@ Jack Spratt
I can only hope that you’re wrong about how long.
This type of delay may be standard procedure for a defendant’s case but this defendant is the government of Canada that is sworn to serve its citizens and to uphold justice in the land. We are NOT being served nor is justice being upheld. We are being put off in hopes that we will quietly slink away with our defeated tails between our legs. No such luck! We’re staying the course!
This only helps me understand further the words of wisdom from my father…..who endured many wasted months and years dealing with courts and lawyers. He would always refer to the process as “assassination through litigation.” Wise indeed.
@bubblebustin
I’m surprised you feel that Canadians would never push their fellow Canadians under the bus this way. It has been my observation that Canadians do so all the time when they steer fellow Canadians to pursue careers and/or educational opportunities south of the border without fully disclosing the consequences of getting into the US system in that way. Happens all the time, at least in my field.
@Jack Spratt
I think the board members of ADCS-ADSC are well aware of the potentially long time frames and are in this for the long haul.
@Stephen Kish
Thanks for the general update. And it was good to learn earlier that you aren’t expecting the gov’t attorneys to examine the non-plaintiff witnesses who have provided affidavits.
I did have a question about the expert witnesses on our side of the case. Will a new fundraising effort be instituted at some point to pay the costs of those witnesses? Are those costs included in the amount that was raised earlier for Arvay and his team, or is this a separate cost? I know that expert witnesses often bill separately from the main legal bills.
@dash
I think that most Canadians would detest FATCA if they knew about it and would not be eager to recommend anyone emigrate to the US if they knew about CBT.
@bubblebustin
I agree but the thing is–most Cdn’s without the US taint (and with a spouse without the US taint either) DON’T know about it.
I with you Stephen. I’m staying the course. I have confidence in you and in what’s right. I believe we (you and yours, and us) will win and that the IGA and all the other crap will be ruled unconstitutional. If not, then this court is as corrupt as big business and their political cronies are. What you’re doing is fundamental to democracy and not plutocracy. .I’m (and we are) with you. We have to be on guard though; the government might make anotherdeal with their banks on a different level in order to appease the elephant in the interest of international relationships and trade. Our constitution and Charter of Rights are enshrined. Period.
@dash
One cannot inadvertently throw someone under the bus, because one does so for personal gain or to save oneself.
@bubblebustin
One can wilfully refuse to become informed which I suspect is the situation here. People not directly affected seem to not want to hear about these issues.
Please keep up the good work and know that this “worldwide supporter” remains faithful and optimistic, and happy to receive updates.
Perhaps a glass half full reading of this would be that is the government were certain of a slam dunk they would be speeding things up, not slowing them down. More realistically however, it probably is just government bureaucracy muddling along.
“One can wilfully refuse to become informed which I suspect is the situation here. People not directly affected seem to not want to hear about these issues.”
Because the issue is complex, takes time to understand just how serious the issue is, and it doesn’t affect them in any way.
Or so they think.
Dash,
No additional fundraising is required to cover any expenses related to either the expert or lay witnesses for our Federal Court trial.
I second what Fred(B) says!!
Thanks for the update. It does appear that the government’s main strategy is endless delay. I do not doubt the determination of all involved to stay the course to uphold our Charter rights.