Update from CCLA on FATCA Lawsuit

I have again been in contact with Abby Deshman at Canadian Civil Liberties Association. Abby has advised they are currently researching whether they will be involved in our FATCA lawsuit.

Here is the content of an e-mail I just received from Abby. I am posting it here with her consent.

Dear Lynne,

Thank you very much for getting in touch with us regarding the ongoing litigation over FATCA and the implications of the recent legislation and inter-governmental agreement.

You have asked for more information about CCLA’s process for deciding whether or not to intervene in a particular case, as well as an update on whether we intend to intervene in the Hillis v. Canada case. The CCLA prioritizes its research and intervention decisions to match litigation deadlines. In every case that is brought to our attention, we conduct background legal and policy research to help assess whether we want to intervene, and if so what position the organization will take. All intervention decisions are approved by our General Counsel, and in some cases our Board of Directors as well. We generally focus cases that raise public interest and systemic issues, and frequently direct our resources towards the cases that have will set binding legal precedent (for example, appellate cases).

While CCLA is not able to get involved in every case that is brought to our attention, this is an issue we have spoken out on before, and that we are actively looking at for a possible intervention when the time comes. We are currently in the legal and policy research phase, and hope to complete that work in the near future. We will definitely let you know as soon as we can when we decide whether we are intervening in the case.

I hope this information helps, please feel free to get in touch with Laura Berger if you would like to discuss this matter further.

Best regards,


24 thoughts on “Update from CCLA on FATCA Lawsuit

  1. Lynne Swanson Post author

    More from CCLA between JCDoubleTaxed in Australia and CCLA in Canada about CCLA’s report in Switzerland.

    1. badger

      Did you see this:
      ‘CCLA Presents Concerns to the UN Committee on Economic, Social, and Cultural Rights’
      February 26, 2016
      “…….Privacy-invasive and potentially discriminatory tax reporting measures affecting a distinct group of Canadians as a result of an inter-governmental agreement between the United States and Canada to implement the former’s Foreign Account Tax Compliance Act domestically;”


    2. badger

      Sorry, didn’t realize you’d already posted the link and citation and that the tweet exchange referred to same.

  2. Lynne Swanson Post author

    Another response from CCLA! At 7:19 pm on a Friday evening. Who knew calling CCLA Hypocrites would get a response when all else has failed.

    FATCA is covered in Sections 56-59 of the CCLA Report to the UN Committee on Social, Economic and Cultural Rights. It is far weaker than I would like it to be, but it is there.

    I forwarded the report to ADCS Directors, the Arvay Team and to Muzzled No More who was the primary author of our complaint to the Human Rights Committee (which seems to be stalled at the entry stage).


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