You Asked about Bill C6 and Canadian Health Freedoms.

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You Asked about Bill C6 and Canadian Health Freedoms.

by HANS Staff

 

A controversial Bill currently before the Canadian senate, Bill C6, has

many critics in the natural health movement and people otherwise interested

in health freedoms speaking out and urging others to do the same.

 

According to the Parliament of Canada website, Bill C6 was first read in

the Senate on June 16, 2009, after having gone through the House of Commons.

The C6 status page reports that it was reintroduced before senators on

Sept 16, 2009, where it continues to be debated as of Sept 24, 2009. The

latest debate entry noted on the website is Sept 22, 2009.

 

There is still time to tell Canadian senators your opinion of C6. In

addition to a concise and critical open letter below by David Rowland, PhD, on

how C6, if passed, may impinge on protected freedoms, we have pasted some

relevant links for you to browse and draw from in your letters/emails to

senators.

 

Please make your voice heard on this important issue.

 

 

Canadian senators` phone, fax and email list:

 

_http://www.parl.gc.ca/common/senmemb/senate/IsenAssi..._

(http://www.parl.gc.ca/common/senmemb/senate/IsenAssi...)

 

To follow the status of C6:

_http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp..._

(http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp...)

 

 

To read the transcript of the senators` debate on C6:

_http://www.parl.gc.ca/40/2/parlbus/chambus/senate/de..._

(http://www.parl.gc.ca/40/2/parlbus/chambus/senate/de...)

 

 

Bill C6 homepage in Parliament:

_http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp..._

(http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp...)

 

 

Legislative Summary of C6:

_http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp..._

(http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp...)

 

 

Video Clips on C6 criticisms by constitutional lawyer Shawn Buckley:

_http://nhppa.org/?p=225_ (http://nhppa.org/?p=225)

 

 

More misc. information on C6 and Canadian health freedoms:

_http://nhppa.org_ (http://nhppa.org/) /

 

 

OPEN LETTER TO CANADIAN SENATORS

 

by David W. Rowland, B.Com., MBA, PhD

 

 

Dear Senators:

 

 

This is an unprecedented occasion. You are being asked to ratify a bill

that violates our charter rights as Canadians. Don't do it. Bill C-6 is so

seriously flawed as to bring into question the integrity of everyone who

votes for it.

 

 

Under the guise of protecting consumer safety, Health Canada is counting

on you to expand its powers beyond all reasonable bounds - and in flagrant

defiance of the Universal Declaration of Human Rights, the Canadian Bill of

Rights, and the Canadian Charter of Rights and Freedoms (sections of which

are summarized below). You don't have the mandate to oblige Health Canada.

It is your duty to uphold our charter rights, not violate them.

 

 

Health Canada wishes to become a power unto itself, responsible to no one.

Legally, you cannot give them that power. It isn't yours to give.

 

 

The following features are included in Bill C-6:

 

 

Scientific Ignorance. In the total absence of scientific evidence of harm

caused by a particular product, Health Canada intends to take action

against the vendors of that product simply because they believe that it may

have

an adverse effect on a person's health. [Preamble; 2]

 

 

Allegiance to Foreign Governments. Health Canada intends to ignore

Canadian sovereignty. [2(e)(f); 14(1)(d)(i)]

 

 

Disclosure of Confidential Information. The Health Minister intends to

disclose personal and confidential business information to third parties

without the consent of the person to whom the information relates and without

notifying that person. [15; 16]

 

 

Unreasonable Search and Seizure. Inspectors may enter any premises where

they believe there are products relating to the Act. They may examine

anything and seize anything they deem relevant. [20(2)]

 

 

Trespassing. Inspectors may enter on or pass through or over private

property, without being liable for so doing. [20(4)]

 

 

Use of Force. Inspectors may be accompanied by peace officers authorized

to use force. [21(3)]

 

 

Confiscation. Goods seized may never be returned to their owner.

Anything seized may become forfeited to Her Majesty in right of Canada (i.e.,

the

Health Ministry) [25; 26; 27; 61]

 

 

Lack of Training. The Minister may designate any person she wishes to be

enforcers of the Act, regardless of their qualifications, training, or

experience. [28; 33]

 

 

Unlimited Powers. Inspectors may take any measures they consider

necessary to remedy non-compliance with the Act, including putting the person

out

of business. [31(2)]

 

 

Excessive Penalties. Anyone who contravenes a provision of the Act may be

fined up to $5,000,000 and imprisoned for up to five years. [38(1)(3)].

 

 

Presumed Guilty. Anyone whom is believed to have contravened sections of

the Act is deemed guilty of an offence - even if their products are totally

safe. Anyone who pays a fine is deemed to have committed the violation in

respect of which the amount is paid. [38(1); 50(1)(a)]

 

 

No Defence. Those named in a notice of violation are not allowed to

defend themselves by truthfully claiming that they exercised due diligence to

prevent the violation. Innocence and truth are irrelevant. [56(1)]

 

 

Bypassing Parliament. Health Canada intends to expand the powers of C-6

even further by issuing Orders in Council which will not be subject to

parliamentary debate. [36]

 

 

Senators: do your duty. All of the above provisions are travesties of

our legal system and flagrantly violate the charter rights of every Canadian.

Stop Health Canada from becoming a government unto itself. You are our

last hope.

 

 

Sincerely,

 

David W. Rowland, B.Com., MBA, PhD

Woodstock, NB

 

 

Charter Rights

 

 

Universal Declaration of Human Rights

 

 

10. Everyone is entitled in full equality to a fair and public

hearing by an independent and impartial tribunal, in the determination of his

rights and obligations and of any criminal charge against him.

 

 

11. Everyone charged with a penal offence has the right to be

presumed innocent until proved guilty according to law in a public trial at

which he has had all the guarantees necessary for his defence.

 

 

12. No one shall be subjected to arbitrary interference with his

privacy, family, home or correspondence, nor to attacks upon his honour and

reputation.

 

17(2). No one shall be arbitrarily deprived of his property.

 

 

Canadian Bill of Rights

 

 

It is recognized and declared that in Canada there have existed and shall

continue to exist without discrimination by reason of race, national

origin, colour, religion or sex, the following human rights and fundamental

freedoms, namely,

 

 

1(a). The right of the individual to life, liberty, security of

person and enjoyment of property and the right not to be deprived thereof

except by due process of law.

 

1(b). The right of the individual to equality before the law and the

protection of the law.

 

 

2. Every Law of Canada shall, unless it is expressly declared by

an Act of Parliament of Canada that it shall operate notwithstanding the

Canadian Bill of Rights, be so construed and applied as not to abrogate,

abridge or infringe or to authorize the abrogation, abridgment or infringement

of any of the rights or freedoms recognized and declared, and in particular,

no law o f Canada shall be construed or applied so as to

 

2(e). Deprive a person of the right to a fair hearing in accordance

with the principles of fundamental justice for the determination of his

rights and obligations.

 

2(f). Deprive a person charged with a criminal offence of the right

to be presumed innocent until proved guilty according to law in a fair and

public hearing by an independent and impartial tribunal, or of the right to

reasonable bail without just cause.

 

 

Canadian Charter of Rights and Freedoms

 

 

8. Everyone has the right to be secure against unreasonable search

or seizure.

 

 

11. Anyone charged with an offence has the right

 

11(d). To be presumed innocent until proven guilty according to law

in a fair and public hearing by an independent and impartial tribunal.