CANADIAN FATCA LITIGATION UPDATE September 30, 2019: Gwen and Kazia file Notice of Appeal
A brief Notice of Appeal was just filed today (September 30, 2019) with the Canadian Federal Court of Appeal. The grounds for appeal will evolve and be broadened with detail at later stages. For the appeal process to continue we will need to raise monies quickly to pay for the legal costs.
The Canadian FATCA IGA legislation mandates turnover of private financial information without consent from a subgroup of Canadian citizens to the US IRS. The so-called FATCA “agreement” is Canada’s cowardly response to a threat of financial harm from the United States.
Our Plaintiffs tried to stop the FATCA turnover with, for logistical reasons, two different Federal Court actions begun in 2014: A lawsuit (“tax-treaty”) claiming that the legislation contravenes the Canada-US tax treaty, and a second, claiming Charter privacy and non-discrimination violations.
Gwen and Kazia, now as Appellants, are appealing BOTH Martineau and MacTavish decisions as they are complementary, and tied to each other (e.g., a treaty with a foreign country must not contravene constitutional rights).
We cannot predict likelihood of success at the Court of Appeals stage, and believe that the best chance for resolution will be at the Supreme Court in this very long marathon fight.
Details to follow soon on how to donate (ADCS website being revised). Appellants need to raise three installments of $45,000 each and will apply for approximately $50,000 from the Canadian Court Challenges Program.
For Appellants Gwen and Kazia,
The Alliance for the Defence of Canadian Sovereignty,
Stephen Kish, Chair
John Richardson, Legal Counsel and co-Chair
Patricia Moon, Secretary/Treasurer
Carol Tapanila, Director