
Conservatives who are in the majority in the Senate are seeking to push though legislation that would destroy the independence of the Canadian public healthcare system, as well as health and social policy in Canada.
The name of this privatization bill is C-36, and is linked to the so-called “North American Union” agenda which is being pursued by the Harper government in Canada, and the U.S. President Barack Obama administration: SPP.gov.
Special to The Canadian
I want to take this opportunity to introduce myself as one of the hundreds of thousands of investors/voters concerned about my health care choices in Canada. There can only be two types of government in Canada, one where the government owns the people or one where the people own the government. I view myself as a principal investor/voting shareholder in my Canada. I need your immediate assistance, as my government representative, to improve my rights of informed freedom of choice to better access all of the information pertaining to the risk/benefits of the two major health care fields in Canada in order to permit me to make the best decision for my family.
I strongly support the concept of improved consumer safety, but do not support the past legislative proposals contained in Bills C-51, C-52 and C-6 or the newly introduced on June 9, 2010 Bill C-36 [See Exhibit 60]. Our Canadian Coalition for Health Freedom [see www.canadiancoalitionforhealthfreedom.ca] and Trueman Tuck are my authorized face and voice of freedom in Ottawa on these matters and have been since our massive Health Freedom uprisings in the mid 1990’s. [See Exhibits 1, 2 & 3]
I have had enough of BIG PHARMA and their financial allies attempting to monopolize and control the practice of medicine and the information and supply of products and services to the detriment of my good health and well-being. The allopathic/Big Pharma cartel has been engaged in these practices for centuries [See Exhibit 4].
It is my right to have access to all viable potential options and evidence based truth about the risks and benefits of each of the choices available to me and those I care about. I cannot have “Informed Freedom of Choice” without your immediate assistance to stop Health Canada and CFIA bureaucrats from their current campaign to restrict, censor and keep “Traditional Holistic Health Care options” off the Canadian market while totally failing to protect my good health and well-being from toxic synthetic chemicals and ALLOPATHIC/BIG PHARMA/BIG FOOD/BIG CHEMICAL/BIG OIL business activities.
On June 26, 1997 our Canadian Health Freedom movement filed a historic lawsuit that stopped Health Canada’s determined efforts to change classifying bottled carrot juice, powdered barley greens, vitamins D and C, calcium, magnesium, etc. to the new drugs/drug subclass “Natural Health Products”. [See Exhibits 2 & 3]
We defeated this effort, as did our Health Freedom movement colleagues in the U.S. [See Exhibit 5] in 1994. One would think that given the importance of equivalency between the two countries that “Dietary Food Supplements” as defined in the U.S. DSHEA 1994 should have resolved these issues pushed for by Health Canada.
The US Food and Drug Administration (FDA) and Health Canada/CFIA bureaucracies have been under attack for serving big business interests at the disadvantage of the rights, freedoms, liberties and good health of American and Canadian voters both in the media and in the courts [See Exhibits 6, 7, 8, 9, 10, 11, 12 & 13].
As many of you are aware, Trueman Tuck has been a passionate and persistent ‘Voice and Face of Freedom’ on Parliament Hill since 1995 on behalf of our Canadian Health Freedom movement. Trueman encourages all Canadian voters who share the same passions and beliefs to make the mandates of the CCHF and our Health Freedom movement clearly heard in the halls of power in Ottawa and elsewhere. Trueman Tuck is authorized to meet with and speak with you, as my MP, on my behalf concerning our out-of- control federal bureaucrats within Health Canada, the CFIA, the CBC, the CBSA and the CRA.
It is also important that you understand that contrary to ongoing suggestions from Big Pharma and their related investments, THHC products and services are safe with de minimis risk factors and are essential to my family’s good health and well being [See Exhibits 14, 15, 16, 17, & 18].
I need you to encourage your colleagues to convene immediate hearings before the Standing Committee on Health and include the following agenda items:
- Investigations into allegations of misconduct by Health Canada, CFIA, CBSA, CBC, CRA, by its regulatory officials and staff towards our Health Freedom movements over the last 15 years.
- Review and update the Hazardous Products Act.
- The implementation of the 1998 Standing Committee on Health Report and Health Canada’s handling of the aforementioned health regulations, which include but are not limited to:
- Restrictions of consumer and practitioner access to THHC products and services;
- Restrictions and reductions of new and innovative THHC product development;
- Unlawful creation of technical barriers to trade;
- Increased creation of THHC product hazards to Canadian good health and well being;
- Interference of integrative medical options and medicines differing from allopathic approaches.
- Investigation into the continuation of the drug subclass Natural Health Product Regulations and the pending revival of Bill C-6 without governmental due diligence of proper, investigative and equal witness appearances of both the THHC and allopathic industries by the Joint Committee on the Scrutiny of Regulations [See Exhibits 19, 20, 21, 22, 23 & 24].
- An explanation as to why, when section 23 seizure powers without a warrant, were struck down as unconstitutional in 1987, [See Exhibit 25] Bills C-51, C-52 and C-6 would attempt to create new legislation with this court determined unconstitutional provision.
- In light of this court ruling pertaining to section 23 of the FDA and the tremendous support that Dr. James Lunney’s and Colin Carrie’s Private Member’s Bill C-420 received, why have there been no effort to update the 1920, 1927 and 1934 use-based definitions and censorship provisions of the FDA [See Exhibits 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 & 37].
- Investigation into the governmental obligations toward federal offenses. Under the heads of power jurisdiction, the federal government administration corporations can create criminal offenses with both criminal and financial sanctions [See Exhibit 38]. Civil offenses and related legal procedures are under the exclusive provincial jurisdiction [See Exhibits 39 & 40].
The Peoples of Canada need all MPs and senators to clearly recognize that the federal government is a simple administrative Crown Corporation created with very limited powers by the British North America Act, 1867 [See Exhibit 39] and to acknowledge that there is no “Sovereign Supremacy” in the two federal corporate advisory bodies – the House of Commons and Senate.
The House of Commons and Senate in Canada, prior to the Second World War, fully respected that there was a division of powers between the “Provincial Nations” that compose the confederation of the Dominion of Canada.
It is clear with Bills C-51, C-52 C-6 and the new introduction on June 9, 2010 of Bill C-36 [See Exhibit 60] that, over the last 25 years or more, most MPs and senators have lost sight of the important fact that in Canada, sovereignty is only vested in the individual Canadian citizen in each of the provinces, and that in most local matters including food, health, property and civil rights and civil law, the provinces are superior in jurisdiction to the massive maze of sole and aggregate corporations that now make up the Canadian federal administrative government [See Exhibit 41 & 42].
There is also a federal government problem with run away federal regulations and I need you to encourage your party to put aside partisan party bickering and to immediately schedule an investigation before the Joint Committee on the Scrutiny of Regulations pertaining to the three health regulations, including but not limited to: (1) Schedule F; (2) Drug Identification Numbers (DIN); and (3) Natural Health Products Regulations (NHPR) [See Exhibits 19, 20, 21, 22, 23, 24 & 25].
As was not the case with Bill C-6, I need you to ensure that equal, full and proper witness appearances are scheduled for the experienced Health Freedom Movement leaders/spokespersons who represent our interests in the THHC field and our ongoing ‘Our healthy medicinal foods are not drugs’ freedom campaign since 1995 [See Exhibits 62 & 63].
GENERAL COMMENTS
Due to the direct result of Health Freedom movements in Canada pertaining to Bills C-420 [See Exhibit 43], C-51, C-52 and C-6, as well as, the issues pertaining to the NHPR, Schedule F and DIN regulations, Health Canada has been clearly identified as a major health hazard to all Canadians and is systemically getting worse.
The Canadian government, as our political representatives, need to be focused on nurturing, supporting and protecting the rights of all Canadians and their businesses. Health Canada has been allowed to self-govern with the aid of the Food & Drugs Act and the NHPR. There has been no control, management or focus on their bureaucracy that is there to allegedly protect the good health and well being of all Canadians. Instead, the bureaucracy within Health Canada has been evidenced to show massive bias and prejudice towards the THHC industry relating to its professionals, products, devices and treatments.
If Parliament had protected our rights found within the Charter of Rights and Freedoms and upheld the limiting powers of the federal and provincial governments found within the Constitution Act, Bill C-6 would not have seen the light of day. A detailed legal and constitutional analysis listing the numerous flaws of Bill C-6 was developed by the Canadian Coalition for Health Freedom (CCHF) to stop this bill from implementation in December 2009 [See Exhibit 44].
Surprisingly, most MPs had not even read through its entirety before its passing. Bill C-6 was clearly unconstitutional and should never have been passed through Parliament in June 2009. Some constitutional statements include:
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- Shawn Buckley, a constitutional lawyer in the private sector. Previously, he was a prosecutor for Health Canada. He testified that this bill violated at least eight of our constitutional rights. Instead of his testimony being before the Social Affairs/Science/Technology Committees, it should have been before a Legal and Constitutional Affairs Committee. [25-11-09]
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- Senator Joseph Day, a lawyer, proposed a number of amendments limiting Health Canada’s ability to abuse the sweeping powers being granted under Bill C-6 to the Social Affairs Committee. [2-12-09] He stated: “There are sections of this legislation that will not stand up to scrutiny or to court challenge…I found the misrepresentations that were made by the Minister in relation to the amendments to be very disappointing…this legislation is an unnecessary overreach and will cause problems in the future.” These amendments were defeated by the senate by a 44 to 42 vote, with two abstentions and 14 senators absent. [10-12-09]
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- Senator Elaine McCoy, a lawyer, stated: “At the heart of the amendments was a sincere attempt to balance the power of the state against the rights of citizens, whether they be innocent consumers or innocent entrepreneurs…several of the senators appeared not to have the benefit of intimate familiarity with legal principles of natural justice and other traditional aspects of the common law…What is at stake here is how far the state [read civil servants] should be empowered to impose their will upon citizens.” She further stated: “This legislation does not need to break a tradition that we have had in this country, which is to protect the civil liberties of people the civil liberties of people while we are enforcing the law. When Senator Baker read out the opinion of the Supreme Court of Canada that talked about why we have these protections in our law, it was essentially to show that we not end up in a police state…There will be court challenges on this legislation.”
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- Senator Celine Hervieux-Payette, a lawyer, stated: “This bill establishes a precedent that has not even been seen by criminals…Once inspectors are given permission to enter a house, they can search the entire house. This is something that we see in political systems other than democracies. We do not do this in democracies.”
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- Senator George Furey, a lawyer, stated: “As Bill C-6 now stands, consumer safety inspectors enter our homes and seize our property, such as computers and documents, without any judicial supervision…The inspector has to show nothing more than a desire to check compliance or non-compliance with the act. This is not how our law has developed. We would essentially have no freedom and no privacy if that was the state of our law. We would be living in a police state.”
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- Senator Tommy Banks, a lawyer, stated: “Some of the intrusive powers contained in this act will end up in court, and the court will strike them down because they will be ultra vires…This act does not say that you have been convicted of anything or found to have committed a violation. It says a person named in a notice of violation has no defence by reason of due diligence or by reason of having believed that they were acting with the colour of right…It is undoing 400 years of common law.”
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- Senator George Baker stated: “This bill actually says one has no privacy rights…An inspector who is carrying out their functions or any person accompanying them may enter on or pass through or over private property…there is no expectation of privacy more reasonable and more demanding of constitutional protection than our right to expect that we will be let alone in the privacy of our homes during the night.”
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- Senator Sharon Carstairs stated: “Each individual Canadian has a right to privacy. They have a right to the protection of their own home. They have a right to live in peace.”
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- Senator Romeo Dallaire stated: “No one has the right to infringe on human rights…As legislators; our primary responsibility is to ensure that this legislation corresponds to the rule of law and that people are protected to the full extent of our intellectual, physical and human capacities.”
As lay rights advocates, the CCHF should not have needed to develop a detailed legal and constitutional analysis of the multiple flaws within the proposed legislature of Bill C-6. The CCHF, along with hundreds of thousands of voters, had to fight very hard from July to December 2009 to stop the implementation of Bill C-6.
The press coverage was quite revealing as were the witness selections [See Exhibits 45, 46, 47, 48, 49, 50 & 51].
We need to develop and implement an innovative and improved solution on a non-partisan basis for better legislation, regulations and programs for the good health and well being of myself and all Canadians. Some of these solutions include the following proposals:
- Our political representatives becoming intimately informed and more active in the defense of our rights of informed freedom of choice in health care, personally and professionally.
- Party loyalties in the Parliament and Senate cannot interfere with a full and proper debate and/or analysis of legislation or regulations which enter the House of Commons and the Senate. There can be no fear of our political representatives breaking ranks for the betterment of their constituents.
- The government needs to be proactive when ensuring product safety for Canadians without disrespecting their constituents’ freedom of choice and legal rights.
- Witness appearances before the Joint Committee on the Scrutiny of Regulations need to be equally from the THHC and the allopathic industries. There can be no steering of witnesses pre-selected to speak in favor of one viewpoint with a minority speaking against it.
- The government needs to move away from the idea that Health Canada ideas and radical changes are the only options available to keep Canada safe from hazardous products. Simpler ways to accomplish product safety can be found without disregarding our individual rights.
- Parliament needs to develop and implement a Human Health Safety Act that incorporates evidenced-based systems, including but not limited to: (1) National Poison Control Centers for toxin reporting; (2) Implementation of products generally regarded as safe (GRAS); and (3) Death Registry Act and the recommendations and the points covered above. [See Exhibit 52, 53, 54 55 & 56]
- Amending the Hazardous Products Act to include a toxicity rating system on all product and services. These include the following toxins/dangers levels: Schedule A: top 100 (maiming & killing); Schedule B: 101 to 500 (Level 9); and Schedule C: 501 to 1,000 (Level
[See Exhibit 14]. Toxic synthetic drugs need to be included in the Hazardous Products Act as well.
- Parliament needs to re-evaluate the division of powers between federal and provincial governments found within the Constitution Act and disallow legislation and regulations which combine criminal and administrative elements in the same legislation.
- Removal of all criminal offenses for individual Acts and incorporate them into a consolidated Criminal Code of Canada. Fair, objective and timely criminal offenses need to be developed and investigative measures implemented when adulteration, fraud and/or hazardous products are being distributed.
- Implementation of Bill C-420 needs to be incorporated into the Food & Drugs Act [See Exhibit 43]. In fact, the original Food & Drugs Act was the Adulteration & Fraud Act [See Exhibits 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 & 37].
- Health Canada and CFIA must not be allowed to be the policy maker, investigator, judge and enforcer of the Food & Drugs Act, its regulations and the NHPR. The Act needs to be split. A newly created Synthetic Drug Oversight Agency needs to be implemented which removes empowerment from Health Canada. A secondary Food Oversight Agency needs to be implemented which removes empowerment from the CFIA.
- By empowering the Synthetic Drug Oversight Agency and the Food Oversight Agency, along with the essences of the U.S. Dietary Supplemental Health Education Act and Bill C-420, it ensures criminal activities, such as adulteration, fraud and selling of hazardous products does not occur in Canada.
The THHC industry is the dominant primary health care approach globally for a majority of the world’s population. Unfortunately, in Canada, the vast majority of MPs and senators are unable or unsure of how to effectively help constituents defend their rights to the free flow of THHC products and services for its citizens.
I would like you to meet with Trueman Tuck and give him the opportunity to provide you with our Health Freedom Movements’ evidenced-based examples of bureaucratic tyranny occurring within the aforementioned federal regulatory bodies. Your active intervention is required to correct the issues pertaining to the THHC industry that I depend upon for my good health and well-being and to safeguard my personal rights of informed freedom of choice in health care.
Also Trueman Tuck has our grassroots created Consumer Health Safety Act that I would like to see implemented in my Canada. Now that Bill C-51, C-52, C-6 has reappeared on Wednesday June 9th as Bill C-36 [See Exhibit 60] we have a unique opportunity to prior to the second reading amend significantly Bill C-36 to protect both my good health and my well-being and my inalienable Written and Unwritten Constitutional rights [See Exhibit 61]
Please see our spring edition of Health Freedom Update newspaper which is attached. A hard copy will be sent to you [See Exhibit 57], as well as the May edition of the Vitality magazine [See Exhibit 58] and our Friends of Freedom International recent Codex Update [See Exhibit 59].
I need your written response to this letter. Thank you for your anticipated co-operation in doing the right thing for the majority of your constituents.
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