FATCA challenged in Canadian court and United Nations

Two Canadian-U.S. dual citizens, on August 11, filed suit in the Federal Court of Canada challenging the constitutionality of the intergovernmental agreement signed by the U.S. and Canada that implements FATCA.

The lawsuit, funded by the Alliance for the Defense of Canadian Sovereignty (ADCS), alleges that the intergovernmental agreement violates provisions of the Canadian Charter of Rights and Freedoms (life, liberty, security of person; security against unreasonable search and seizure; equal protection of law without discrimination) and is ” inconsistent with the unwritten principles of the Constitution including the principle that Canada will not forfeit its sovereignty to a  foreign state.”

The ADCS, on August 7, also filed a complaint with the United Nations alleging that U.S. “place of birth taxation” violates fundamental human rights.”

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