CANADIAN FATCA LITIGATION UPDATE October 20, 2021:
LITIGATION PROGRESS: The Memorandum of Fact and Law (key arguments) has been filed on December 15, 2020 (see our ADCS website). Canada has now responded to our arguments in the Factum. We have requested trial hearing date and location. Then, the trial and oral arguments. The slow litigation moves forward. My (SK) personal guess is that the trial itself will take place in winter 2021.
DONATIONS ARE NEEDED TO FUND our lawsuit, now at Canada’s Federal Court of Appeal, attacking the constitutionality, regarding privacy rights, of the Canadian FATCA IGA legislation that was imposed by the United States on Canada. We want our sovereignty back.
You can DONATE by cheque and cash in the mail, PayPal (easiest) and transfers.
Our four ADCS Board members are John Richardson (co-chair and legal counsel), Patricia Moon (Treasurer), Carol Tapanila, and Stephen Kish (Chair).
— The FATCA Canada lawsuit seeks to strike down the FATCA IGA and enabling provisions of Canada’s Income Tax Act in their entirety. The litigation began in 2014 and is now at the Canada Federal Court of Appeal stage — likely to be resolved at the Supreme Court.
— The Alliance for the Defence of Canadian Sovereignty and Plaintiffs Gwen and Kazia have met the first installment milestone (C$45,000) in this funding round for legal costs (Canadians and International Supporters, thank you for your support!) and we now estimate that we will need a further C$47,518 to cover remaining expenses.
ADCS Legal Advisor John Richardson says: “The Government of Canada’s lawyers are openly justifying FATCA and the FATCA IGAs in order to pacify the United States which is (at least at present) a Foreign Government. By funding the FATCA Canada lawsuit, you are sending a clear message to the Government of Canada that you will not allow them to surrender Canada’s sovereignty to the United States.
Justice Mactavish, in ruling against us in Federal Court, said that it is “important” to avoid consequences threatened by the U.S. But we say not at the expense of our Charter rights.Please help end one of the FATCA compliance laws that impact on all of our countries.
CBC says that, for 2018 tax year, information on 900,000 financial records of Canadian residents was turned over by Canada to U.S. IRS because of the Canadian FATCA law. Gwen and Kazia, two Canadian citizens having no meaningful relationship with the U.S., are appealing on your behalf the Federal Court decision to the Canadian Court of Appeal.
The grounds for appeal are focused on the loss of our privacy rights (Charter section 8).
Gwen and Kazia ask for your help in paying for the legal costs of the appeal.
If you feel that the FATCA IGA is not good for Canada or for your country PLEASE DONATE.
Appellants and the Alliance for the Defence of Canadian Sovereignty thank you for your past support. SEE OUR WEBSITE FOR MORE DETAILS (ADCS-ADSC).
You can SEND DONATIONS by cheque, cash, PayPal (easiest), and transfers.
For more details see: Alliance for the Defence of Canadian Sovereignty