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
I’m outing myself as the donor referred to in the post’s headline today because today is the 10th anniversary of my OMG day and donating is how I chose to “celebrate” it. (Note: ADCS emails Brock updated headlines for this post, but never reveals to us donor names)
The US caused me a lot of trouble with FATCA and their underhanded attempts with retroactive citizenship (I relinquished and believed myself to be a Canadian-only citizen since 1978).
I now have a CLN, recognising that I have not been a US citizen for some 40 years. I don’t volunteer my place of birth as a matter of principle in banking, and I’ve been asked. My principles have limits, though, and I can and will use my CLN if push comes to shove.
So, either way, I basically don’t have a horse in the ADCS race. But if I’d wanted to live under American laws, I could’ve just stayed there. I’ve no complaints about my life in the US nor had I any personal beefs with the US government until this day in 2011.
However, I feel that people outside the US should not be governed by US laws and I believe a legal victory against FATCA in any country will have some repercussions around the world. And I’m sure aware of the damage FATCA has caused and that it continues to derail people’s lives.
But the main reason I donated today was for me. Knowing it was the 10th anniversary of that awful OMG day (and the lengthy period of fallout from it) not surprisingly brought back dark memories. So I decided to throw those thoughts right back at them and make a big (for me, anyway) donation to ADCS today. It felt great hitting that Send button, my way of giving the bully a commemorative swift kick in the stomach (or elsewhere)!
Was FATCA a discussion point, even in the most minor way, in the Canadian election that just happened? FATCA rape happens to many Canadian citizens. Did at least some candidates for election mention this?
Nope, not a word. Honestly, this is not on anyone’s radar. Those who know what not to say keep their US citizenship secret. Others have never been asked, or don’t understand the question (if it’s the vague version about foreign tax residence rather than simply US citizenship). Those who do answer in the affirmative and are possibly reported don’t necessarily know that they are supposedly required to file US tax returns, so they don’t.
“Strongly embrace”.
Do they really support this law? How is that possible? I can see them supporting Canadian compliance from the point of not wanting to anger the US thug to the south, but strongly embrace?
Nah, surely not?