October 1 2017 Canadian FATCA IGA Legislation Litigation Update

cross-posted from the Isaac Brock Society

 
OCTOBER 1, 2017 Canadian FATCA IGA legislation litigation update.

In addition to sending letters to a foreign country, some of us, with a lot of support, are engaged in suing our own country, the Government of Canada, in Federal Court for rounding up Canadians having a U.S. taint and turning them over to a foreign government. We argue that this violates Canada’s sovereignty as an independent nation and its Charter of Rights that is meant to protect all Canadians.

This is just a minor update for this long (since 2014) litigation. Basically we are now in a temporary holding patter waiting for a response from Government:

Plaintiff activities. Both Gwen and Kazia, our heroines, have now been subjected to oral examination by Government lawyers (and are OK).

Litigator change. Our retainer contract for legal services is with the Vancouver law firm of Farris, Vaughan, Wills and Murphy. This has not changed. One of our litigators, Mr. Joe Arvay, has left (as of today) Farris for a smaller firm. Our Board has decided to remain with Farris where we will be well-represented by the lawyers there who have long been working on our case: David Gruber and Arden Beddoes.

Waiting for Government response. I would really like to give you now a sketch of next activities and timelines, but can’t.

We are now at a stage in which we cannot proceed until the Government responds to our repeated requests as to the procedures Canada will require before our trial on the charter-constitutional issues can be heard. Until we hear from Canada it is not possible to predict the litigation steps for the next several months — since the ball is really in Canada’s court.

I am hopeful that we will receive a response from Government in the next few weeks or so, and then I can provide you with a more meaningful update.

Sorry for the slow pace of litigation, but we do move forward.

For the Alliance for the Defence of Canadian Sovereignty Board,

Stephen Kish

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