PHM-Exch> Kill Bill C -6

Sun Sep 27 01:12:56 PDT 2009

Dear Kamayani,

Uganda is currently working on a Bill entitled the Counterfeit Goods Bill 2009. The biggest concern with the Bill is that it has used the concept of protecting consumers from counterfeit products to take away the policy space available for Uganda under the WTO intellectual property rules intended to help put in place measures that promote development.

The biggest weakness of the Bill is that many of its provisions go beyond what is required by the World Trade Organisation (WTO) and thus, does not take full advantage of the flexibilities the Trade-Related Intellectual Property Rights (TRIPS) Agreement provides to least developed countries (LDCs).

In effect, the bill outlaws generic medicines (by labeling them as counterfeits), some of which are being produced in Uganda, putting the lives of the more than 90% of Ugandans who depend on these medicines at stake.

Mulumba

--- On Sat, 9/26/09, Kamayani Bali Mahabal <koolkamayani at gmail.com> wrote:

From: Kamayani Bali Mahabal <koolkamayani at gmail.com>
Subject: PHM-Exch> Kill Bill C -6
To: "pha-exchange" <phm-exchange at phm.phmovement.org>
Date: Saturday, September 26, 2009, 2:04 AM

Dear Friends

In many countries, new laws are being proposed by ministries of health
claiming to protect us from bad health care products. These laws are
an excuse to launch martial law in those countries. In Canada, Bill
C-6 is such an example. In the note below you will see more detailed
information why this is so. Is there  any such enw laws being drafted
debated in other countries , would be good exchange so

kamayani

The House did NOT Protect our Rights Now It`s Up to You.

As human beings, we come equipped with certain inalienable rights. As
Canadians, our rights are both recognized and protected by such
documents as the Universal Declaration of Human Rights, the Canadian
Bill of Rights, and the Canadian Charter of Rights and Freedoms. Bill
C-6, however, presumes that rights are bestowed by government and can
be taken away at any time, without warning.

Bill C-6 is preceded by a preamble that belies both its intent and
content. Preambles have no legal effect whatever. They are simply
window dressing used to “sell” the bill. This particular preamble goes
to great length to justify why, for the alleged public good, we need
to give up our rights. If you ignore everything that follows the word
“whereas” and read only the bill itself, the true purpose of the Act
becomes abundantly clear.

There is some doubt that the impetus behind C-6 is actually Canadian.
Bill C-6 specifically includes compliance with foreign governments and
undefined foreign “entities” [2(e)(f); 14(1)(d)(i)].

C-6 doesn`t fill any legitimate need. (The emperor has no clothes, so
to speak.) The full name of C-6 is the Canada Consumer Product Safety
Act and it replaces Part I of the Hazardous Products Act. But who says
the Hazardous Products Act isn’t working? According to the Hon. Joseph
A. Day, in all of 2008 there were 165 voluntary product recalls under
the Hazardous Products Act, plus a further 224 voluntary recalls from
January to September, 2009. So why do we need C-6 to make recalls
mandatory? We are being ordered to give up our rights in exchange for
zero benefits. We are already well protected by a Criminal Code and a
Civil Code. We have nothing to gain and everything to lose by giving
criminal and quasi-criminal powers to Health Canada inspectors. The
purpose of C -6 is control, not protection.

Under C-6, the Health Minister may choose either (a) to prosecute an
alleged offender before a court, or (b) bypass the courts by issuing a
notice of violation of an “administrative” offence, the penalties for
which may exceed those that a court would allow. Big difference: those
charged as criminals have the right to defend themselves; those
charged with breaking the rules are defenceless. Guess which route
Health Canada will pick ... every time?

Health Canada intends to treat as criminals (actually, worse than
criminals) those who have not committed any crime. Why do they want to
do this? To bypass our Constitution Act, 1867which gives the federal
government jurisdiction over crime (and makes health the exclusive
domain of the provinces). C-6 is unconstitutional for combining
criminal and civil legislation into one bill.

Because it is unconstitutional and violates our charter rights, C-6 is
legally unenforceable. Even if it becomes law, no one is legally
obliged to obey it. That C-6 has come this far is a shocking waste of
taxpayer resources. If C-6 isn`t stopped, its financial carnage to
Canadians and their businesses will be devastating.

Here are some of the alarming features included in Bill C-6 (for those
of you who have seen this list before, recent changes are indicated in
red):

Scientific Ignorance. In the total absence of scientific evidence of
harm, Health Canada intends to take action against the suppliers of
particular product simply because they believe that it may have an
adverse effect on a person’s health. [Preamble; 2]

Disclosure of Confidential Information. The Health Minister intends to
disclose personal and confidential business information to third
parties (including foreign agencies) 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 believethere 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, and not be responsible for any problems they cause. [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 owners.
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 remedyalleged non-compliance with the Act, including
destroying businesses and livelihoods. [31(2)]

Unlimited Scope. The Health Minister may make up new regulations (as
interim orders) as she sees fit. These orders are exempt from the
Statutory Instruments Act. The Minister does not have to go through
the Privy Council to ensure that her orders are within the rules, nor
does she have to have them published in the Canada Gazette. [37]

Excessive Penalties. Anyone who contravenes a provision of the Act may
be fined up to $5,000,000 per day 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 were unaware of the
alleged violation or that they exercised due diligence to prevent it.
C-6 overrides truth and innocence. [56(1)]

Senators: Four times this year, Health Canada has committed armed
raids and unreasonable seizures of entirely safe products. Now they
want your blessing to expand their illegal activities. Don’t give it
to them. C-6 is ultra vires. And it sets a dangerous precedent for
other ministries seeking totalitarian powers. Listen to the people’s
wishes and uphold our constitution!

Thank you,
David W. Rowland, B.Com., MBA, PhD
http://www.drdavidrowland.ca

-- 
Adv  Kamayani Bali Mahabal
Mobile-00919820749204
skype:lawyercumactivist

http://www.petitiononline.com/Jprof123/
www.binayaksen.net
www.phm-india.org

I carry a torch in one hand
And a bucket of water in the other:
With these things I am going to set fire to Heaven
And put out the flames of Hell
So that voyagers to God can rip the veils
And see the real goal.......
Rabia (Rabi'a Al-'Adawiyya)
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