How come no one has made a thread on this? Horrible News.
Summary of Points Discussed In This Paper
* The rule of law is the fundamental underpinning of a free society. Sacrificing the rule of law always leads to tyranny and loss of freedom.
* The Bill represents an unprecedented change in the powers of the state vis-à-vis the citizen. The rule of law and private property rights are
all but extinguished in the area of consumer products.
* Although not applicable to natural health products, the Bill still poses a threat. The Bill gives Health Canada inspectors the very powers that
concerned citizens in Bill C-51.
* Bill C-36 is being promoted as necessary to protect our families. However, under the existing law the State can already:
o ban or restrict any consumer product under threat of million dollar fines and two year jail sentences under the Hazardous Products Act;
o make immediate orders banning or restricting any consumer product if there is a significant risk to health or safety. In addition to fines
and imprisonment for non-compliance, the State can apply to the Court for an injunction which brings police enforcement of the order;
o obtain a search warrant and seize non-compliant products, and
o prosecute for criminal negligence or homicide under the Criminal Code. In some cases this can result in penalties of life imprisonment.
* The real change brought about by Bill C-36 is not that it protects consumers, as the cur-rent 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-36 abolishes the law of trespass thus allowing the State access onto private property without any legal recourse.
* Bill C-36 for the first time in Canadian history allows warrants to be issued to search private homes without evidence of criminal wrong
* Bill C-36 allows the State to seize property without a Court order, without reporting the seizure to a Court, and for an indefinite period.
* Bill C-36 allows the State to assume control over the movement of private property without a Court order and without a safety concern.
* The search and seizure powers in Bill C-36 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.
* Directors, officers and managers are personally liable for violations by their company. Despite the possibility of multi-million dollar fines
and long prison sentences, there is no right to cross-examine key witnesses.
* Directors, officers and managers can be saddled with debt years after they have left the company.
* Orders for recall or which take control of private property are exempted from the procedural safeguards of (1) review and (2) publication found
in the Statutory Instruments Act.
* 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 labelling and instructions.
* There may be a significant conflict of interest. Health Canada may benefit financially from fines and the seizure of private property.
* Some consumer products such as sporting goods may have to be removed from the market for violating the safety provisions of the Bill.
* The Provinces are allowing the Federal Government to regulate in the Provincial area of property and civil rights. This represents a significant
transfer of power from the Provinces to the Federal Government.
* 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.
* Trade agreements and foreign laws can be adopted without Parliamentary scrutiny.
edit on 18-12-2010 by dontreally because: (no reason given)