As you know the Conservative Government of Stephen Harper was defeated, and has been replaced with the Liberal Government of Justin Trudeau. The ADCS lawsuit was filed against the Government of Canada. The specific defendants were:
“The Attorney General of Canada and The Minister of National Revenue”.
We now have:
- A new Government of Canada
- A new Attorney General of Canada (Jody Wilson-Raybould)
- A new Minister of National Revenue (Diane Lebouthillier)
The new Government of Canada has simply “inherited” the ADCS lawsuit. As a result, the new Government of Canada may decide how to instruct its lawyers to respond to the lawsuit. The new Government is NOT bound by the strategy of the previous Government. We don’t know how the new Government would have responded to the lawsuit initially and we don’t know how the Government of Canada will respond now.
Prior to their becoming the Government, various members of the Liberal Party (including Justin Trudeau) indicated their displeasure with the FATCA and the terms of the FATCA IGA. In addition, Murray Rankin and Nathan Cullen of the NDP have worked very hard to derail the existing FATCA IGA. In January of 2013, Green Party Leader Elizabeth May publicly opposed FATCA. That said, the Liberals have a majority government. The Liberals have the ability to respond to “FATCA Canada” in a meaningful way. What will they do? Was their dissatisfaction real or was it political posturing?
What the Alliance For The Defence of Canadian Sovereignty has done
We have instructed our lawyer, Joe Arvay to request that the Government of Canada provide a clear indication of it intends to respond to the lawsuit it has inherited. Perhaps a political solution an be reached.
Mr Arvay’s letter is here:
His letter provides examples of how the Liberal Government “may” view FATCA and the IGA. You will see that he attached the letter that Justin Trudeau had written to Lynne Swanson.
This will be interesting.
P.S. It might be a good moment to view this again: