Now appears more likely that we will get to trial in January 2019 in our Canadian FATCA IGA enabling legislation lawsuit in Federal Court.
The Case Management Judge has just advised:
“The hearing of this summary trial motion shall take place before this Court at the Federal Court, 701 West Georgia Street, Vancouver, British Columbia, on Monday, the 28th day of January, 2019, at 9:30 in the forenoon for a maximum duration of five (5) days. The number of hearing days may be reduced depending on the number of preliminary motions.”
“The following timetable shall apply to the motion for summary trial: (a) The Defendant [Mr. Trudeau’s attorneys] shall serve her evidence (with the exception of one expert report) by April 16, 2018. (b) The Defendant shall serve her remaining expert report by April 30, 2018. (c) Notice of any objections to expert reports shall be served by June 15, 2018. (d) A case management conference shall be held, by teleconference, on July 12, 2018 at 1:00 pm (Eastern) to address any motion to strike affidavits. (e) All cross-examinations shall be completed by July 31, 2018. (f) The Plaintiffs [Gwen and Kazia] shall serve and file their complete motion record by September 28, 2018. (g) The Defendant shall serve and file her complete responding motion record by November 16, 2018. (h) The Plaintiffs shall serve and file their reply submissions by December 7, 2018.
As always, a fervent thank you to Stephen, the ADCS team, and the plaintiffs Gwen and Kazia for their steadfastness during this prolonged quest on behalf of all of us.
And a thumbs down to the cowardly Government of Canada who would rather obfuscate, delay and deny that it has no primary Charter or constitutional duty of care to defend its own citizens and residents – but has rather chosen not to say ‘no!’ to the demands of the overreaching arrogant US empire.
Yet again… In any dispute between Justice and justice, Justice wins because justice can’t get a lawyer.
Our Plaintiffs argue that rounding up and turning over Canadian citizens and their families to a foreign government violates Canada’s Charter of Rights.
The Canadian Government denies this, but insists that even if it the violation is true, the rounding up and turning over should still be allowed and is justified as permitted by Charter section 1 (the Charter section 1 argument: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”).
As an example of this section 1 type of assessment, this morning a Canadian Superior Court Judge ruled that the limitation of rights caused by an action of the Ontario Provincial Government could not be justified under the Charter. See the ruling in:
As a scientific not a legal mind, my understanding is that the ruling comes down on the side of our plaintiffs ?
Please correct me if I am wrong
As I see it, this is a strike against one of the government’s arguments FOR the FATCA IGA and maybe Joseph Arvay will be able to use this ruling to help our plaintiffs too. Hope so anyway.