Bill C-6 must be stopped and here’s why…

Hi Folks!

I usually use this blog to share pictures and notes about my music performances, however, it is extremely important right now that I use it to help share vital information about Bill C-6, a potentially very dangerous bill that must and can be stopped by people like us who believe in upholding our rights and freedoms.  It has been kept out of the news and it is through means such as blogs, e-mails, Facebook etc. that we can let each other know the truth of what is going on.

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Bill C-6, the Canada Consumer Product Safety Act (more info at http://nhppa.org/ and http://nhppa.org/?p=225) is currently in it’s 3rd and finally reading, and has been “interestingly” kept out of the news. I have taken excerpts from a paper by Constitutional Lawyer Shawn Buckley in order to help share the information about this bill that is crucial for us all to be aware of.

At the end of this summary, I have included some steps that you can take in the next few weeks to help make sure that this bill does not pass. Thank you for being involved in shaping our future in a positive, expansive way!

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November 13, 2009

Bill C-6 has passed 2nd Reading and is now before the Standing Senate Committee on Social Affairs, Science and Technology. Summary of Points Discussed In Draft Discussion Paper on Bill C-6 the Canada Consumer Product Safety Act by Constitutional Lawyer, Shawn Buckley

(Please visit http://nhppa.org/ to read Mr. Buckley’s entire paper on Bill C-6)

“Bill C-6 is being promoted as necessary to protect our families. However…

“The real change brought about by Bill C-6 is not that it protects consumers, as the current law already grants the State significant powers to protect safety. Rather the real change is the abolition of procedural safeguards citizens currently enjoy.

Bill C-6 abolishes the law of trespass thus allowing the State access onto private property without any legal recourse.

Bill C-6 for the first time in Canadian history allows warrants to be issued to search private homes without evidence of criminal wrong doing.

Bill C-6 allows the State to seize property without a Court order, without reporting the seizure to a Court, and for an indefinite period.

Bill C-6 allows the State to assume control over the movement of private property without a Court order and without a safety concern.

Although Bill C-6 does not “currently” apply to Natural Health Products, the Bill poses a threat to Natural Health Products in two ways:

1. Bill C-6 could be made applicable to Natural Health Products by a simple regulatory amendment. Regulatory amendments do not need the approval of Parliament.

2. if Bill C-6 passes, a precedent is set. It is completely unrealistic to assume that similar enforcement provisions and penalties would not be applied to drugs and Natural Health Products.

As discussed below, Bill C-6 provides Health Canada with dramatically expanded powers to:

a. search private property without a warrant;

b. seize private property without Court supervision;

c. destroy private property without Court supervision; d. take control of businesses without Court supervision;

e. in some circumstances to keep seized private property without a Court order;

f. impose penalties that manufacturers, distributors and retailers in the natural health community could not survive.

The search and seizure powers in Bill C-6 are probably unconstitutional for violating the right found in section 8 of the Canadian Charter of Rights and Freedoms to be free from unreasonable search and seizure.

Persons can be fined and have property forfeited to the State for administrative violations. Persons so charged have no right to have a Court determine their guilt or innocence. Guilt is determined by the Minister. There is no defence of due diligence or of honest but mistaken belief. There does not have to be a safety risk to be charged with an administrative offence.

The Minister who determines your guilt or innocence can keep seized property if he/she finds you guilty.

All businesses manufacturing, selling or distributing consumer products are saddled with additional red tape and expense regardless of whether or not there is a safety concern.

Retailers and distributors of consumer products become liable for product labeling and instructions.

Some consumer products such as sporting goods may have to be removed from the market for violating the safety provisions of the Bill. The federal cabinet can incorporate documents from foreign governments or organizations as law by referring to them in regulations. This will remove Parliamentary scrutiny on issues that could fundamentally change the ground rules for the consumer product industry.

If foods and Natural Health Products were added to the ambit of the Bill by amending Schedule 1, this would allow for the implementation of foreign standards such as CODEX by passing a regulation. “

Please visit http://nhppa.org/ to read Mr. Buckley’s entire paper on Bill C-6

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We have great news to share with you!

The Senate Committee on Social Affairs, Science, and Technology has scheduled Shawn Buckley to appear before them on November 25th, 2009. It was YOUR telephone calls, faxes, and emails that helped to convince the Senate Committee to reschedule so that Mr. Buckley could speak in person about his deep concerns for Bill C-6.

Even in this victory, we need to continue to voice our conviction that Canada be a kept a democratic and free country that upholds values such as the rule of law, due process, and innocent until proven guilty. We encourage you to keep calling, writing handwritten letters, sending emails and faxing all the Senators but especially the Senators on the Social Committee on Social Affairs. Let them know they are the gatekeepers of democracy as well as thank them for rescheduling to hear Mr. Buckley on Bill C-6.

LIST OF SENATE COMMITTEE ON SOCIAL AFFAIRS MEMBERS:

Catherine S. Callbeck (PEI) callbc@sen.parl.gc.ca

T: 613-943-0686   F: 613-943-0693

Jane Cordy (NS) cordyj@sen.parl.gc.ca

T: 613-995-8409   F: 613-995-8432

Lillian Eva Dyck (SK) dyckli@sen.parl.gc.ca

T: 613-995-4318   F: 613-995-4331

Nicole Eaton (ON) eatonn@sen.parl.gc.ca

T: 613-947-4047   F: 613-947-4044

Art Eggleton (ON) egglea@sen.parl.gc.ca

T: 613-995-4230   F: 613-995-4237

Joyce Fairbairn (AB) fairbj@sen.parl.gc.ca

T: 613-996-4382   F: 613-995-3223

Wilbert Joseph Keon (ON) keonw@sen.parl.gc.ca

T: 613-943-1415   F: 613-943-1796

Yonah Martin (BC) martin@sen.parl.gc.ca

T: 613-947-4078   F: 613-947-4082

Jim Munson (ON) munsoj@sen.parl.gc.ca

T: 613-947-2504   F: 613-947-2506

Kelvin Kenneth Ogilvie (NS) ogilvk@sen.parl.gc.ca

T: 613-992-0331   F: 613-992-0334

Lucie Pépin (QC) pepinl@sen.parl.gc.ca

T: 613-996-1726   F: 613-996-8392

Hugh Segal (ON) kfl@sen.parl.gc.ca

T: 613-995-4059   F: 613-995-5259

SENATE COMMITTEE ON SOCIAL AFFAIRS EMAIL ADDRESS:

SOC-AFF-SOC@sen.parl.gc.ca

Keli Hogan, Committee Clerk hongank@sen.parl.gc.ca

T: 613-993-9021

POSTAGE-FREE MAILING ADDRESS:

Senate Committee on Social Affairs, Science and Technology
The Senate of Canada
Ottawa, Ontario
K1A 0A4