For the Sake of the Children Marathon of Hope

 
STOP BILL C-36


An Open Letter to the Citizens of Canada and the Canadian Media

Written By David Nash
Founder of Cross Canada Run For The Children , a non-profit organization dedicated to Children’s Rights, Equal Shared Parenting, and Family Law Reform in Canada.
www.crosscanadarun4thechildren.com

“This is Canada. Our homes are an oasis of privacy, and if one inspector comes into one home, that is one too many.” – Senator George Furey, Newfoundland and Labrador

“We should actually be outraged, because we are being told that this is for our safety, when this is one of the most dangerous pieces of legislation that I have ever seen!” - Shawn P. Buckley – Canadian Constitutional Lawyer, speaking about Bill C-6, The Canadian Consumer Product Safety Act

When I wrote this paper before heading out to Victoria, BC, to start my Cross Canada Run for Equal Parenting Family Law Reform on June 1st, 2010, the number of the Bill known as The Canadian Consumer & Product Safety Act was Bill C-6. Well, on Wednesday, June 9, 2010, Health Minister Leona Aglukkaq reintroduced Bill C-6, The Canadian Consumer & Product Safety Act, as Bill C-36. The number may have changed, but the Bill and all of it's dangers are still the same. Bill C-36 is the old Bill C-6. So, when you read my letter, and when you watch the videos of Shawn Buckley and Senator George Furey, as they explain how and why this Bill is unconstitutional, please remember that Bill C-6 is now known as Bill C-36, and it is still an unconstitutional bill, that is a threat to our freedoms & democracy.

In 2009, tens of thousands of Canadians let our Members of Parliament and Senators know that this type of legislation was dangerous to pass into Canada's law. We now need to let them know once again that we won't stand for it, as it is clear that they haven't seemed to have gotten the message the first time. Please join me in making sure that they get the message loud and clear in 2010.


May 18, 2010,

I write this letter to each and every Canadian Citizen to warn you about the dangers of a very Unconstitutional Bill that the Canadian Government is currently trying to pass. It is called Bill C-6, The Canadian Consumer & Product Safety Act. After reading this letter, you can make up your own mind as to whether or not Bill C-6 makes you feel safe.

Bill C-6 provides our Government, under Health Canada, the power to; search private property without a warrant; seize private property without Court supervision; destroy private property without Court supervision; take control of businesses without Court supervision; and in some circumstances to keep seized private property without a Court order.

Furthermore, Bill C-6 abolishes the law of trespass, thus allowing the State access onto private property without any legal recourse. In Subsection 20 (4), Bill C-6 clearly states, “An Inspector who is carrying out their functions, or any person accompanying them, may enter on, or pass through, or over private property, and they are not liable for doing so.” It also allows warrants to be issued to search private homes without evidence of any criminal wrongdoing, and allows the State to seize your private property without a Court order, and hold on to it for an indefinite period without having to report the seizure to a Court.

Under this Bill, citizens can be fined and have their property seized by the State under the administrative violations section. Citizens so charged under these administrative violations, would have no right to have a Court determine their guilt or innocence. The Government determines your guilt, and the Government official who determines your guilt or innocence, can keep your seized property if he/she finds you guilty. As a Canadian Citizen, do you feel safe under this new Law? By the way, I forgot to mention that once the Government has seized your property, you would be responsible for the costs of the seizures and detentions, regardless of whether or not the seizures and detentions were justified.

The Canadian Government tried to have this Bill passed last year, 2009, and almost succeeded, as the Bill was passed by the House of Commons, as well as the Canadian Senate. It then went before the Standing Committee on Social Affairs, where George Furey, a Canadian Senator representing Newfoundland and Labrador, made a number of ammendments to the Bill, as he believed that the Bill was unconstitutional, as well as contradicting section 8 of the Charter of Rights and Freedoms. Here is a link to a News Conference held by Senator George Furey in which he states that Bill C-6 is Unconstitutional.

After the Bill was ammended by Senator Furey and put back before the House of Commons, Harper Prorouged Parliament, so that the ammended Bill C-6 would die, and that they could reintroduce it in it’s original form, which is exactly what the Conservative Government stated that they would do in the Speech From The Throne on March 3, 2010. I qoute from the Speech From The Throne, “Our Government will respect the wishes of Canadians by reintroducing the consumer product safety legislation in its original form.”

Meanwhile, during the time in which Parliament was prorouged, Harper stacked the Senate with five more Conservatives Senators, giving the Conservatives a slim lead over the Liberals in the Senate, in an attempt to ensure that Bill C-6 gets passed this time around. Here is a link to a news story regarding Harper’s stacking of the Senate: http://canadaonline.about.com/od/senate/a/harperappointments.htm

Are you outraged yet? I certainly hope you are, and I hope you are preparing to pick up the phone and call your Member of Parliament, and the members of the Senate, to let them know that you are outraged.

The Law Of Trespass:

With no apologies, Bill C-6 abolishes the Law of Trespass. In Subsection 20 (4), Bill C-6 clearly states, “An Inspector who is carrying out their functions, or any person accompanying them, may enter on, or pass through, or over private property, and they are not liable for doing so.”

Currently in Canada, you and I have the right to enjoy our personal property without any interference. Anyone who interferes with our personal property commits trespass. We hold this right to the private enjoyment of our property as so important, that we have placed specific provisions in the Criminal Code of Canada to protect it. These provisions include:

Section 177, which make it a criminal offence to trespass near a private home at night;

Section 38, which make it an offence to take away our personal property. It also allows us to prevent a trespasser from taking our personal property without worrying about being charged with assault;

Section 39, which protect us from criminal prosecution for defending our personal property;

Section 40, which enable us to use as much force as is necessary to prevent trespassers from entering our homes, and

Section 41, which deem trespassers to commit assault if they resist attempts to remove them from a house or land. This section also allows persons to use force to remove persons from their homes or land.

Bill C-6 represents an astonishing removal of these protective provisions. Subsection 21 (2) of Bill C-6 allows a justice of the peace to grant Health Canada Inspectors warrants to enter our homes if:

a) The inspector has reasonable grounds to believe a consumer product is stored in the home. [Well, everyone's home is filled with consumer products so this really is not a condition]. This condition can also be met if the Inspector has reasonable grounds to believe a consumer product is manufactured, imported, packaged, advertised, sold, labeled, tested or transported, or a document relating to the administration of Bill C-6 or of the regulations to Bill C-6 is located in the home;

b) Entry into the home is necessary for the Inspector to verify compliance or prevent non-compliance with the Act or regulations, and

c) Entry into the home was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

Currently a Health Canada Inspector who wants to search your private home has to abide by the same rules as the regular police. The Inspector has to apply for a search warrant under Section 487 of the Criminal Code. Section 487 includes: 487(1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place:

(a) Anything on or in respect of which any offence against this Act or any other Act of Parliament has been or is suspected to have been committed,

(b) Anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament,

(c) Anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, or,

(c.1) Any offence related property,

May at any time issue a warrant…

The current law in Canada strikes a healthy balance between our need to be free from police intrusion into our private homes, and the State’s interest in investigating crime. This balance is struck by only allowing the search of our private homes when there is evidence placed before a justice of criminal wrongdoing. Bill C-6 represents an astonishing removal of our right to be free from the police, or any Government official searching our homes unless there is evidence of criminal wrongdoing. Subsection 21(2) of the Bill allows a justice of the peace to grant Health Canada Inspectors warrants to enter our homes if:

(a) The inspector has reasonable grounds to believe a consumer product is stored in the home [everyone’s home is filled with consumer products so this really is not a condition]. This condition can also be met if the Inspector has reasonable grounds to believe a consumer product is manufactured, imported, packaged, advertised, sold, labeled, tested or

(b) Transported, or a document relating to the administration of Bill C-6 or of the regulations to Bill C-6 is located in the home;

(c) Entry into the home is necessary for the Inspector to verify compliance or prevent non-compliance with the Act or regulations, and

(d) Entry into the home was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

In my opinion, Bill C-6 is an unmistakable attempt by the Canadian Government to try to move Canada in the direction of Authoritarian State Fascism. As Canadian citizens, our best protection against unconstitutional laws like Bill C-6 is to ensure that our elected representatives do not pass them. Unfortunately, last year, 2009, none of our 304 elected Members of Parliament took any steps to try to stop this unconstitutional Bill from becoming law. Please remember that the next time they ask for your vote.

Isn’t it disturbing that the people that you and I voted into the House of Commons, to look out for our best interests and protect our fundamental rights and freedoms, didn’t care one iota about the rights and freedoms that we entrusted them to protect? And don’t just blame it on the Conservatives, because no Liberal Member of Parliament, nor NDP or Bloc Member of Parliament, stood up for our rights and freedoms either.

Truthfully, Bill C-6 was previously introduced by the Liberal government, under the leadership of Paul Martin, as Bill C-52. The numbers on the Bills have changed, but whether the Prime Ministers are Liberal or Conservative, their intentions to move Canadians away from Democracy and Freedom remains unchanged. Bills C-27 and C-28 of 2004 became C-51 and C-52 in 2008, and now we have Bill C-6 in 2009.

The public uproar to Bills C-51, and C-52, was so colossal, that the government hesitated, and both of these Bills died with the last election. Interestingly though, after the last election, our Canadian Government has quietly, and unrepresentatively re-introduced Bill C-52 as Bill C-6, a new full-blown attack by our government on our basic rights and freedoms as Canadians. What part of no don’t they understand? Bill C-6 is an alarming attempt by the Canadian Government to move away from the rule of law that Canada is founded on. It is also a disturbing shift from the division of executive and judicial powers, to one of authoritarianism.

Most people unfortunately do not understand what the rule of law is in Canada. In simplistic terms, it is the guarantee that the government cannot imprison its citizens or take their property without court supervision ensuring that it is being done according to the law. In uncivilized parts of human history, if a ruler wanted to imprison you or take your property, the soldiers just came and did it. Eventually citizens demanded change, and wars were fought to change such barbaric laws. Due to these wars being fought by the people, laws were ultimately passed that bound the rulers, so that they could only imprison us or take our property under the supervision of impartial courts. Many of our ancestors have died fighting for this rule of law and because of their immeasurable courage; the rule of law now defines Canada as a free country. However, the single most dangerous thing Canadian citizens could ever allow to happen, is to permit our rule of law to be undermined and taken away from us. Well, the bad news is, the rule of law is currently being undermined by our Parliament, and they are lying to us by stating that they are doing so in the name of “safety.”

Does it make you feel safe that Bill C-6 creates administrative offences where we are presumed to be guilty, as opposed to our current system where we are presumed to be innocent? You see, under Bill C-6, if you or I are charged with an administrative offence, we do not even have the right to try to prove our innocence before an impartial court. Rather, we can only write to the Minister, and it is not even enough for us to raise a reasonable doubt with the Minister, instead, we have to prove on a balance of probabilities that we are innocent. So, just for good measure, Bill C-6 abolishes our two main defenses; due diligence and honest but mistaken belief. Please remember though, this is being done for our safety, under the title, “The Canadian Consumer Product Safety Act.” As a Canadian citizen, does Bill C-6 make you feel safe?

Truthfully, every single one of us as Canadian Citizens should be outraged by the actions of our Government in trying to pass this Bill into law. Please remember, that none of our 304 elected Members of Parliament cared enough for you and I, or our children, to stand up and oppose this Bill in 2009. If every one of us let’s them know that they have lost our vote if they do not stand up against Bill C-6 this time around, maybe we can stop this very unconstitutional Bill.

I would like to encourage every Canadian Citizen to call their Member of Parliament, and have a discussion with them about the dangers of Bill C-6. Please remember that they are politicians, and they are probably going to try to lie to you. Make sure to ask them the tough questions about Bill C-6, and make sure to demand answers to those questions.

a) Ask them if they are aware that Bill C-6 provides our Government, under Health Canada, the power to, search private property without a warrant; seize private property without Court supervision; destroy private property without Court supervision; take control of businesses without Court supervision; and in some circumstances to keep seized private property without a Court order?

b) Make sure to ask them if they are aware that Bill C-6 abolishes the law of trespass, thus allowing the State access onto private property without any legal recourse, as well as allowing warrants to be issued to search private homes without any evidence of criminal wrongdoing, and allowing the State to seize private property without a Court order and hold on to it for an indefinite period without having to report the seizure to a Court?

c) Make sure to ask them if they are aware that Bill C-6 allows citizens to be fined and have their property seized by the State under the administrative violations section? Make sure to ask them if they are aware that Citizens so charged under these administrative violations, would have no right to have a Court determine their guilt or innocence?

d) Make sure to ask them if they are aware that under Bill C-6, the Government determines people's guilt, and the Government official who determines people's guilt or innocence, can keep their seized property if they find you guilty?

e) Make sure to ask them if they are aware that once the Canadian Government has seized people's property that they, the people, would be responsible for the costs of the seizures and detentions, regardless of whether or not the seizures and detentions were justified?

f) And most importantly, please make sure to ask them why they didn't stand up for the people of Canada and stop this Bill from passing the House of Commons in 2009?

Here is a link in which you can find your Member of Parliament’s information by using your Postal Code:

Bill C-6 is nothing more than a fraud being perpetrated on the Canadian people, and we, the people, need to rise up and demand that this Bill be stopped, immediately! Even though none of our 304 elected Members of Parliament cared enough for you and I to stand up for our rights and freedoms and oppose Bill C-6, there is one Canadian that has been standing up for us. His name is Shawn Buckley, and he is a Constitutional Lawyer with expertise in the Food and Drugs Act, and the president of the Natural Health Products Protection Association. Mr. Buckley has been fighting the Canadian Government every step of the way on Bill C-6. Mr. Buckley could use our help though. Let’s all use our voice to speak out against Bill C-6.

As Mr. Buckley has stated, “Gone are the days where we can just ignore what the government is doing, and think that our freedoms are going to be protected. Those days are now gone. Most Canadians haven’t woken up to that, but they’re gone, because governments now will try to pass laws that restrict our freedoms. Bill C-6 is a perfect example of that.”

Another danger about Bill C-6 that I would like to warn everyone about is the fact that it will kill the Natural Health Industry here in Canada, and greatly affect the health of every Canadian. The spirit behind Bill C-6 is an international agreement known as “Codex Alimentarius”. I would encourage everyone to Google “Codex Alimentarius” and do some research on it. It is very troublesome. Thank You,

Dave Nash

Important information regarding Bill C-6:

Please listen to Constitutional lawyer Shawn Buckley to help you understand Bill C-6, The Canada Consumer Product Safety Act, and how your rights and freedoms are at risk. Does this Bill make you feel safe?

A DANGEROUS PRECEDENT - Bill C-6 - Lawyer Shawn Buckley Interview

http://www.youtube.com/watch?v=TTjgbCiTkLk

PART 1: Restricting Our Freedoms - Shawn Buckley Speaking About Bill C-6

http://www.youtube.com/watch?v=X7_0HlCwb8A

PART 2: Restricting Our Freedoms - Shawn Buckley Speaking About Bill C-6

http://www.youtube.com/watch?v=ud4bYJXIrAE

Shawn Buckley Speaking About The Dangers Of Bill C-6 at Total Health Show 2009

http://www.youtube.com/watch?v=0HpYGtp3_7o&feature=PlayList&p=6D65395BCEB4EBE0&playnext=1&playnext_from=PL&index=10
http://www.youtube.com/watch?v=piXgLNFrIlQ

Articles Written by Shawn Buckley:

Truehope’s landmark victory for natural health: Can the public beat Bill C-6’s bid to search and seize products:

http://www.commonground.ca/iss/219/cg219_truehope.shtml

The Battle Against Bill C-6:

http://www.vitalitymagazine.com/sept09_helkefeat

Stop Bill C-6 Website:

http://www.billc6.com/www/stopc6/

Bill C-6 on the Government of Canada’s Website:

http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Parl=40&Ses=2&Mode=1&Pub=Bill&Doc=C-6_1

The Entire Document of Bill C-6:

http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=3633883&file=4

Codex Alimentarius – The Spirit Behind Bill C-6:

http://www.vitalitymagazine.com/node/310

http://www.natural-health-information-centre.com/codex-alimentarius.html

http://www.disinfo.com/2009/10/codex-alimentarius-the-plan-to-outlaw-free-trade-of-all-vitamins-minerals-herbs-and-supplements/

   
 
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