Bill C-6 Egregious Departure from Rule of Law
For a quick review and summary see: As Expected Bill C-51 Is Back Reworked As Bill C-6 this link also contains a direct link to Bill C-6.
After Helke's "Questions To Put To Your MP" below, you will find a couple, among many, of blatant Health Canada abuses. Examples, that I suspect are systematically being escalated to get us acclimatized to the governments new mode of operation. Other examples besides those of Health Canada are:
Prescription Opiate - Scoring Doctors Hardly A Concern [mp3 file: runs 23:49] - Archive is here.
Things have certainly changed we are no longer in a place where there is any democratic discourse. Instead, it is and I now suspect a locked shop. It is as though people are robotically walking around, in denial, business as usual. The Establishment's stance has clearly shifted from the older covert and ponderous, but with some democratic discourse, to an overt and callous but faster dealings at the expense of constituent rights to move the multinationalists' agenda.
"For a real education, here is some incredible information, in that it shows how, without full disclosure of intent, we have been maneuvered into signing our rights away...thus, conforming to the intents of those who run our government behind the scenes."...
Extracted from: Legal Shenanigans - Bill C-51
If we let them get away with these abuses it will simply be viewed as acceptable and/or consent by inaction on the part of the people. Hence, it is imperative that we all get involved, in addition to email, faxes etc. use registered mail to your MP, Minister, etc. emails and faxes are screened by levels of Aides and often your MP does not even see these. We need to ensure that our MPs knows what is going on behind their backs and demand accountability of their lack of action to protect the electorate. So get in their face literarily! It is more effective if you go in groups to meet them. Keep at them until they do the right thing.
Questions To Put To Your MP - What's Wrong With Bill C-6 & Demands Explanation:
1. "For the first time in Canadian history", lawyer Shawn Buckley explains, "Bill C-6 not only abolishes the law of trespass, but also allows warrants to be issued to search private homes without evidence of criminal wrongdoing* in violation of Section 8 of the Charter." What ?!
2. Under Bill C-6 (various sections) , "guilt (of anybody considered to violate this act, if the Minister thinks this is so) is determined by the Minister", not by the courts! (As was the case for the past thousand years since England's Magna Carta). Since when has any minister greater powers than the courts of the country? Since when is any government official, elected or otherwise, above the law?
3. Bill C-6 , in its preamble on page 1 and again in Section 2 (e) and (f), defines our government as including "a government of a foreign state or of a subdivision of a foreign state", and "an international organization of states". Canadians cannot question (or vote out) foreign governments. Canada has the right to enter into treaties if our elected representatives agree to it, and we have the right to change or rescind such treaties by turfing out our government in the next election - but we did not give our government the right to change the very definition of what we own.
4. In Bill C-6, under Section 36 (2) (a) "any regulation made under this Act may be incorporated by [not by us the voters, but by] a person or body (who the heck is this?) other than the Minister [i.e. a Canadian, elected MP], including by an organization established for the purpose of writing standards [ Codex? What organizations? Where?] an industrial or trade organization [on whose boards we don't sit, whose products we may not want, e.g. pesticide companies etc], or a government" [which one or ones?]. Forget the explanation/doublespeak REMOVE this section immediately.
Whatever else Bill C-6 states and no matter how benevolent its intended protections nothing warrants the removal of basic rights, the subversion of the Constitution, the usurpation of our courts, and the dis-empowering of Canadian citizens. C-6 CANNOT be amended it must be withdrawn totally. Any other bill, containing those provisions, already passed or currently proposed, must also be withdrawn.
To find your MP google MPs + Canada, find your MP on the alphabetical list, put your postal code in the dialogue box, if you don't know his or her name, to get it.** You will be given the mailing and e-mail addresses, phone numbers etc. Go to my website: www.kospublishing.com and download for free my book What Part of No! Don't They Understand? Rescuing Food and Drugs from Government Abuse (Kos, 2008). It explains the provisions being questioned below as they were also part of the former bills C-51/52 which the current bill C-6 replaces. Also, read the legal analysis of C-6 on www.nhppa.org .
** You can also Create your E-Action Letter here and in addition to your MP you can also Customize your Action Letter to Recipient(s): Canadian Senators and/or Canadian Federal 40th Parliament - Ottawa offices
Very important four part testimonial by Alberta Naturopathic Doctor, Eldon Dahl, describing his home and family
being raided at gun point and held for 11 hours by Health Canada and the RCMP;
Date: April 17, 2009 12:18:44 EDT (CA)
To: Ignatieff.M@parl.gc.ca, Jack Layton
, Gilles Duceppe
Cc: "Carolyn - M.P. Bennett"
, BrisoS@parl.gc.ca, BelanM@parl.gc.ca, DhallR@parl.gc.ca, "Stιphane - M.P." , DrydeK@parl.gc.ca, FryH@parl.gc.ca, HallM@parl.gc.ca, Kania.A@parl.gc.ca, Kennedy.G@parl.gc.ca, McGuiDa@parl.gc.ca, RaeB@parl.gc.ca, Trudeau.J@parl.gc.ca, "M.P. Judy Wasylycia-Leis" , DewarP@parl.gc.ca, penny collenette
Subject: Fwd: BILL C-6 Egregious Departure from Rule of Law
TO: Opposition party leaders and various MPs
Gentlemen and Ladies of Parliament:
What is happening to our rights and freedoms under this Conservative Government's proposed Bill C-6 (a reincarnation of the odious Bill C-52) is disturbing and must not be allowed to go forward.
However, it's only reasonable to point out that it was under the previous governments, including during a period of Liberal government, that Shiv Chopra was fired for doing his job, and that Health Canada's mandate shifted from doing independent science on behalf of the public to being little more than an agency of the pharmaceutical industry.
By no means does Bill C-6 protect Canadian families, as is claimed. We already have laws to protect us from Hazardous products.
For a detailed explanation of my objections to this bill, please see (below) my recent communication to John Baird, who happens to be MP for this riding. The behaviour not just of Health Canada but also of the RCMP in implementing this government's policies are excessively heavy-handed in my view. The mass media has mostly been silent on this subject; one wonders why journalists have not seen to investigate nor discuss this bill and its consequences.
I hope that the opposition parties will unite to defeat this despicable piece of legislation, and if necessary boot this government out of office. I am addressing this to the leaders of the opposition and also to several MPs in whom I place confidence as being motivated by the highest principles of public responsibility and personal honour.
Thank you for your attention and action.
(street address removed)
Begin forwarded message:
Date: April 17, 2009 11:49:48 EDT (CA)
To: "John - M.P. Baird"
Subject: The Heavy Hand of Health Canada: Egregious Departure from Rule of Law
Dear Mr. Baird:
After hearing about how four RCMP officers treated Robert Dziekanski, it is disturbing to learn about four RCMP officers being deployed against a peaceful naturopathic doctor in a home raid that took place in January of this year.
Eldon Dahl had no criminal record. He was not selling any addictive or harmful products. Yet for some unknown reason it was thought that four armed officers would be needed to invade his home in order to protect five Health Canada investigators. That's a total of nine people! Is this a reasonable use of manpower? In a time when we are being told that Canada is at risk from violent terrorists, is it reasonable to send four armed officers against a peaceful taxpayer who is simply engaged in helping people to use common sense about their diet and to keep themselves well? A five-minute investigation by police prior to this raid would have enabled them to see that the excess firepower was not needed.
However illogical the reasons may have been for this raid, it was Mrs. Dahl who answered the door. This woman had to face a drawn gun and a home invasion without any information being given to her. And as a woman who had grown up under communism, this was all too familiar as a memory of what had happened in her home country. Dr. Dahl had reassured her that Canada was a free society and that she would never again have to face gestapo-like police invading the home. This would never happen here, he'd told her.
So, under our current government, has Canada become a Communist state?
Or, just as bad, are we becoming a Nazi state?
If ordinary and law-abiding citizens are being treated as criminals for conducting their profession according to accredited schools of thought, it seems to matter little which extreme of the political spectrum is in power. Both communism and Naziism are tyrannical and abusive of human and legal rights. Didn't Canada fight World War II, at huge cost and with the sacrifice of many soldiers and merchant seamen, to prevent this kind of tyranny from taking root in our country?
It seems to me that the laws which allow this kind of abusive and intimidating raid against peaceful citizens in their homes dishonours the memory of our many war veterans, and makes their sacrifices meaningless.
What has happened to our free society in which the Canadian Charter of Rights, not to mention the UN Declaration of Human Rights of 1948 (to which Canada is a signatory), protected us from unreasonable search and seizure?
Dr. Dahl is asking why he was dealt with in his heavy-handed manner. His wife and daughter were terrorized, his private home and private records were seized, including contents of a home safe that were personal, not business-related. Why was he not treated as a corporation (his personal business is incorporated) and according to corporate law?
Equally important, how is it that completely safe and non-toxic items were listed in the warrant (which they finally showed to him after saying he didn't have any right to know why they were there), as if some kind of crime is involved in advising people to nourish themselves properly?
The cops themselves were expecting to deal with a narcotics pusher; Dr. Dahl found out from talking with them that they didn't even know what was in the warrant. One of the charges listed against him was that he was selling folic acid with a higher dose than is available in Canadian drugstores, although everything listed there is being sold over the counter in the United States. As a criminal charge, selling folic acid as a therapeutic agent is ridiculous. Folic acid is not only safe, it's an essential nutrient. So many toxic chemicals to which we are exposed, as well as UV light, tend to deplete our bodies of this important biological compound. The typical dose available in drugstores may not provide enough to compensate for all these stresses on the system, although all we'd have to do would be to take two or three tablets instead of one to achieve better health protection.
It makes no sense at all to treat this man like a terror suspect for advising people to boost their levels of folic acid to help them resist health damage.
In the strongest possible terms, I wish to register my objections not just to this raid, nor just to the idea that vitamins and herbs are dangerous. I object to the whole privatization and change of direction in Health Canada, turning that agency into an arm of the pharmaceutical industry. It is no longer the citizens of Canada, but the multinational drug companies which are now their clients. This is simple fact; it's stated on the HC website.
By no stretch of the imagination does criminalization of herbs and of therapeutic levels of vitamins constitute protection of the consumer! Enthronement of toxic drugs as "health products" is not based on superior science, just on science that has a lot of financial clout. If the whole pharmaceutical paradigm can only be sold to the public by forcibly removing the alternatives, then there certainly is not any obvious superiority in either its scientific foundation or in its results.
Bill C-6 does not protect Canadian families from risky products, nor does it defend our basic human and legal freedom. The government which put forward this abhorrent piece of legislation is not upholding justice which your party was given a sacred trust to carry out. Instead of defending human rights and freedoms, your government is now poised to inflict on us Bill C-6, which will further constrict our rights and unleash more such reprehensible raids.
And while your government wastes money sending out large teams of cops needlessly against peaceful doctors and alternative health professionals whose only desire is to heal people, narcotics dealers are still rampaging through the streets, committing murders and roping in addicts who also commit crimes in an attempt to support their habits. I demand that the police muscle be directed against those real and violent criminals, and no longer misdirected against innocent doctors and naturopaths, terrorizing them and their families in their homes.
I completely object to the so-called Consumer Protection Act, which would allow the government simply to announce regulations which could be used to make safe, non-toxic products into banned drugs, and which gives huge powers to HC inspectors to regulate a low-risk set of consumer products. This bill would allow property seizure without even getting a warrant -- just on suspicion.
Abolishing the law of trespass will take away the privacy protection that Canadians have enjoyed and that the courts have upheld for our whole history. The level of threat from consumer products is generally low to non-existent -- after all, haven't they all had to be approved by the government in the first place? The low level of risk is especially true in the case of nutritional supplements. It's hard to see how throwing away our legal rights can be justified based on such low risk. Yet Bill C-6 is a slippery slope that will make us no longer a free and democratic country, but a police state.
And this Bill C-6 also would allow such seized private property to be held indefinitely while the owner is billed for storage! That is outrageous in itself, an egregious departure from protecting citizens against abuses of power. This so-called Consumer Protection Act would allow Health Canada to bypass the courts which protect human rights such as privacy and property. Under administrative charges, the raided individual would be presumed guilty, and would not even be able to have his day in court.
Most disturbing of all is that, upon declaring the individual guilty (against which he has no opportunity to prove in court that he was innocent), it is the Minister as Judge who gets to keep the confiscated property! This cannot be considered anything but blatant conflict of interest.
The whole of Bill C-6 is gratuitous anyway. We already have a Hazardous Products Act, and provisions in law to enable dangerous products to be removed from the market, while respecting due process, and legal rights of citizens. This government can hardly complain about abuses of human rights in Afghanistan while taking away legal rights at home! It's extremely hypocritical.
Such a blanket shift in our system away from respecting the courts and legal rights can only make these raids more common and subject more innocent and law-abiding citizens to criminalization and to the psychological trauma of such a home invasion.
Please protect the legal rights of Canadians engaged in legitimate health and other forms of business by withdrawing your support for this bill.
Thank you for your attention and for action on behalf of the rule of law and of human and legal rights.
(street address removed)
22 April 2009
As you requested at our meeting last Monday, here is a detailed summary of my experience of the costs of complying with Health Canada (NHPD) directives:
Costs of Compliance
For over a quarter century, I have been formulating and distributing dietary food supplements, through two companies: Creative Nutrition Canada Corp. (since 1983), and The Results Company Inc. (since 2004). My formulas are sold to a loyal customer base of practitioners and informed laypeople, who rely on my products for maintaining health, for preventing disease, and as nutritional support for specific health conditions.
Under the guise of protecting the public from harm, Health Canada is in the process of destroying my family owned business (and my life's work) for no justifiable reason. In the last half century there have been exactly zero fatalities caused by dietary food supplements sold in Canada. Not one of the 300+ million tablets/capsules I have sold has ever been reported to have caused harm. When my business is gone, no one in Canada will have benefitted no lives will have been saved, no harm will have been prevented. On the contrary, the loss of my business will cause harm to those who are no longer able to get the unique formulations that they have been relying on to maintain their health and improve their quality of life.
Until 2008, there were 52 products in my line. This year, 18 of them (35%) have been removed from the market by the stroke of a bureaucratic pen 7 because my suppliers cannot afford the costs of complying with Health Canada's edicts and 11 because I don't sell enough of them to afford the costs of compliance, which are insanely out of proportion to any imagined benefit to the public.
I have applied for NPN product "licences" for the best selling products in my line. Only some of these have been granted thus far. Curiously, the Natural Health Products Directorate (NHPD) appears to be withholding approval for a number of my products which have been sold for many years with approved DIN registrations. Even if all of the remaining products in my line were to magically receive NPN licences tomorrow, I am still not able to afford the exorbitant costs of compliance to keep most of these products on the market.
In 1984, I was ordered by the Health Protection Branch (HPB) to apply for DIN (drug) registrations for only those products in my line which contained vitamins and/or minerals. All of my other products (e.g., herbs, protein powders, fish oils) have until recently been regulated as foods. I was initially told that DIN registration was not an approval process and was required solely for the purpose of tracking products in the marketplace. Gradually, DIN registration became an approval process with more and more products being excluded for reasons that defied both logic and science.
In 1985, I was ordered by the HPB to subject the DIN products in my line to the same manufacturing standards as those demanded of prescription drugs (which are potentially lethal). This I did, at an average annual cost of approximately $40,000. The requirements and costs for finished product drug testing are insanely out of proportion to any alleged benefit when applied to entirely safe food supplements; however, since only 14 of my products were affected, I was able to pay these excessive costs for many years.
Finished product testing requires a number of tests (by an independent laboratory) to screen out possible contamination from bacteria, moulds, and heavy metals plus a test to make sure that tablets disintegrate within 60 minutes in gastric fluid. All of these tests perform a constructive purpose to assure product safety. I will always assure that these tests are performed on my products prior to sale simply as a matter of conscience and common sense.
What makes drug product testing for food supplements unwarranted, discriminatory and insanely expensive are the following:
- Every active ingredient in every batch of product has to be quantitatively tested, at an average cost of $90 per ingredient. Prescription drugs typically have only one active ingredient and are produced in huge batches, so that $90 cost works out to pennies per bottle. Multiple-vitamin-mineral products can have 30 active ingredients and are produced in small volume by businesses such as mine. Thus, the $2,700 cost for quantitative testing of vitamins can range from $2 to $8 per bottle, depending on the size of the batch.
- At the end of every 12 months, and again at the end of 24 months, samples of various batches must be re-tested for "stability". It does not matter if all of a particular batch was entirely sold out within three months, a sample of the product still has to be tested two more times.
- It is compulsory to re-test minerals for "stability" but even a novice chemist knows that minerals do not deteriorate. Once in a tablet, that quantity of whichever mineral remains there forever.
- Health Canada does not accept tests performed by the custom manufacturer of my formulations, so I end up paying for duplicates of test that have already been done.
- Since I started doing full blown drug product testing in 1985, every single batch of product that I have ever brought to market has always met or exceeded its requirements. Yet, I am given no credit for prior performance and am forced to waste money repeating tests to prove what doesn`t need to be proven.
Until recently, only 14 of my products were deemed "drugs" and thus subject to the bureaucratic nonsense above. Now Health Canada has unilaterally declared that all dietary food supplements are "drugs" and furthermore must be "licensed" for sale. This means that every food product in my line (including protein powder, flaxseed oil, garlic tablets, acidophilus, dietary fibre, and low sodium salt) is subject to inordinately expensive and totally unwarranted drug testing.
The cost of acquiring an NPN product "licence" is also excessive, and applies to every product in my line, including those 14 which were previously sold for many years with approved DIN registrations. I have to pay a consulting firm an average of $2,000 per product to prepare the documentation required for an NPN application, without any guarantee that the application will be approved.
To apply for NPN licences for those of my products which already have DINs will this year cost me approximately $30,000. To apply for licences for the "new drugs" in my line will cost an estimated $40,000. (After spending this $70,000, there is no guarantee as to how many of these applications will be accepted. I have seen applications turned down for reasons that make no scientific sense, and others stalled indefinitely without any reasons given.)
As explained above, 18 out of 52 products have already been stripped from my line by bureaucratic whim. The costs of doing drug testing on the remaining 34 will amount to approximately $88,000 per year, based on prior experience.
Quite frankly, I cannot afford $158,000 this year and $88,000 per year thereafter, just for the "privilege" of staying in business producing totally safe products that my customers rely on for their health and well-being. My business has an impeccable safety record within an industry that has an impeccable safety record. Clearly, safety is not the issue. The inescapable conclusion is that Health Canada must be implementing a hidden agenda.
My choices are (a) voluntarily to go out of business and give up my life's work, (b) wait until the costs of compliance force me out of business, or (c) defy the NHPD regulations ones that have never been sanctioned by parliament nor tested for compliance with the Charter of Freedoms nor the Bill of Rights. This is not a choice that any citizen should have to make.
- David W. Rowland, BCom, MBA, PhD (nutrition)
posted by Chris Gupta on Thursday April 23 2009
updated on Thursday April 30 2009
URL of this article:
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