CRA states that GAAR reassessments of statute-barred years should be "rare"

CRA considers that "the reassessment of statute-barred years where GAAR is the assessing authority should be rare."

The correct word is "impossible."  Taxpayers have no discretion under s. 245(2) to alter the application of the Act to their transactions in accordance with their personal views of its policy.  As decided in Copthorne, "there is nothing in the GAAR provisions that would allow a taxpayer to self assess on the basis that GAAR applies."  If taxpayers have no authority to self-assess themselves under GAAR (or obligation to report under s. 237.3), how can failure to do so be careless or negligent?

Neal Armstrong.  Summary of 9 November 2012 CTF Atlantic Roundtable Q. 5, 2012-0465921C6 ("Statute Barred Years") under s. 152(4)(a)(i).