Tag Archives: ADCS FATCA lawsuit

@ADCSovereignty #FATCA Lawsuit Comes To The End Of The Road: Supreme Court of Canada Dismisses Application For Leave To Appeal

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Background

The Alliance For The Defence Of Canadian Sovereignty FATCA lawsuit commenced in 2014. It was an incredible initiative which was “crowd funded” by hundreds (if not thousands) of individuals. The lawsuit was commenced by courageous plaintiffs who have been the face of the lawsuit for almost ten years.

A backgrounder on the case is available here.

A backgrounder on the decision of the Federal Court of Appeal is here.

The reasons for why the lawsuit was necessary are evident in this video:

July 13, 2023 – Supreme Court Of Canada Dismisses Application For Leave To Appeal

The order dismissing the appeal, which results in the official ending of this lawsuit is here.

Here is a colourful pdf of the final order:

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A series of posts describing various points in the long history of this lawsuit may be found here.

John Richardson – Follow me on Twitter @Expatriationlaw

Appendix

The difficulty in framing the narrative is exemplified in the following “Canadian Press” article and the comments to the article …

#FATCA Trial to take place in January 2019. Plaintiff’s Memorandum of Fact and Law in @ADCSovereignty FATCA Lawsuit Filed

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Happy Thanksgiving!

As we move into Thanksgiving Weekend, I am pleased to report that the we have reached an important milestone in the ADCS FATCA lawsuit. As you know, ADCS is suing the Government of Canada for enacting a foreign law – the US Foreign Account Tax Compliance Act (“FATCA“) – on Canadian soil. By so doing Canada violated numerous rights found in the Canadian Charter of Rights and Freedoms.  These are Charter rights guaranteed to all Canadians, regardless of where they happened to have been born.

Please take the time to read this important document – the Memorandum of Law – prepared by our lawyers.

2018-10-03-Plaintiffs-Memorandum-of-Fact-and-Law_summary-trial_FINAL

We expect the hearing to take place in Vancouver in January of 2019.

The history of our FATCA lawsuit to date

The Government of Canada signed a FATCA IGA with the United States in February of 2014. FATCA became operational in Canada on July 1, 2014. Our lawsuit was also launched in 2014.

1. This video which explains the background leading leading up to Canada’s signing the FATCA IGA

2. See the  FATCA – @ADCSovereignty Book of Posts that I have written which describes the background to and evolution of the lawsuit.
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Thanks to all of you have made this possible!

Our FATCA lawsuit would never have been possible without each of  you. I would like to specifically recognize …

– the generosity of our numerous donors. Incredibly, this has been possible through the donations of ordinary Canadians who have given what they can. Although the amounts donated have been significant to the individual donors, we have not had a single “deep pockets” or Corporate Donor. Thank you again!

– the witnesses and the people who have contributed countless hours of their valuable time

– our plaintiffs: Gwen and Kazia – it takes tremendous courage and conviction to volunteer your name and circumstances to a lawsuit of this type

– our lawyers who have been with us since the beginning

On behalf of the Board of the Alliance For The Defence of Canadian Sovereignty I wish you the best.

John Richardson – Follow me on Twitter @Expatriationlaw