<table cellspacing="0" cellpadding="0" border="0" ><tr><td valign="top" style="font: inherit;"><DIV>Dear Kamayani,</DIV>
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<P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify"><FONT size=3><FONT face="Times New Roman"><?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:country-region w:st="on"><st1:place w:st="on">Uganda</st1:place></st1:country-region> 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 <st1:place w:st="on"><st1:country-region w:st="on">Uganda</st1:country-region></st1:place> under the WTO intellectual property rules intended to help put in place measures that promote development.</FONT></FONT></DIV>
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<P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify"><FONT face="Times New Roman" size=3>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).</FONT></DIV>
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<P class=MsoNormal style="MARGIN: 0in 0in 0pt; TEXT-ALIGN: justify"><FONT face="Times New Roman" size=3>In effect, the bill outlaws generic medicines (by labeling them as counterfeits), some of which are being produced in <st1:place w:st="on"><st1:country-region w:st="on">Uganda</st1:country-region></st1:place>, putting the lives of the more than 90% of Ugandans who depend on these medicines at stake.</FONT></DIV>
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<DIV>Mulumba<BR><BR>--- On <B>Sat, 9/26/09, Kamayani Bali Mahabal <I><koolkamayani@gmail.com></I></B> wrote:<BR></DIV>
<BLOCKQUOTE style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: rgb(16,16,255) 2px solid"><BR>From: Kamayani Bali Mahabal <koolkamayani@gmail.com><BR>Subject: PHM-Exch> Kill Bill C -6<BR>To: "pha-exchange" <phm-exchange@phm.phmovement.org><BR>Date: Saturday, September 26, 2009, 2:04 AM<BR><BR>
<DIV class=plainMail>Dear Friends<BR><BR>In many countries, new laws are being proposed by ministries of health<BR>claiming to protect us from bad health care products. These laws are<BR>an excuse to launch martial law in those countries. In Canada, Bill<BR>C-6 is such an example. In the note below you will see more detailed<BR>information why this is so. Is there any such enw laws being drafted<BR>debated in other countries , would be good exchange so<BR><BR>kamayani<BR><BR><BR>The House did NOT Protect our Rights Now It`s Up to You.<BR><BR>As human beings, we come equipped with certain inalienable rights. As<BR>Canadians, our rights are both recognized and protected by such<BR>documents as the Universal Declaration of Human Rights, the Canadian<BR>Bill of Rights, and the Canadian Charter of Rights and Freedoms. Bill<BR>C-6, however, presumes that rights are bestowed by government and can<BR>be taken away at any time, without warning.<BR><BR>Bill
C-6 is preceded by a preamble that belies both its intent and<BR>content. Preambles have no legal effect whatever. They are simply<BR>window dressing used to “sell” the bill. This particular preamble goes<BR>to great length to justify why, for the alleged public good, we need<BR>to give up our rights. If you ignore everything that follows the word<BR>“whereas” and read only the bill itself, the true purpose of the Act<BR>becomes abundantly clear.<BR><BR>There is some doubt that the impetus behind C-6 is actually Canadian.<BR>Bill C-6 specifically includes compliance with foreign governments and<BR>undefined foreign “entities” [2(e)(f); 14(1)(d)(i)].<BR><BR>C-6 doesn`t fill any legitimate need. (The emperor has no clothes, so<BR>to speak.) The full name of C-6 is the Canada Consumer Product Safety<BR>Act and it replaces Part I of the Hazardous Products Act. But who says<BR>the Hazardous Products Act isn’t working? According to the Hon.
Joseph<BR>A. Day, in all of 2008 there were 165 voluntary product recalls under<BR>the Hazardous Products Act, plus a further 224 voluntary recalls from<BR>January to September, 2009. So why do we need C-6 to make recalls<BR>mandatory? We are being ordered to give up our rights in exchange for<BR>zero benefits. We are already well protected by a Criminal Code and a<BR>Civil Code. We have nothing to gain and everything to lose by giving<BR>criminal and quasi-criminal powers to Health Canada inspectors. The<BR>purpose of C -6 is control, not protection.<BR><BR>Under C-6, the Health Minister may choose either (a) to prosecute an<BR>alleged offender before a court, or (b) bypass the courts by issuing a<BR>notice of violation of an “administrative” offence, the penalties for<BR>which may exceed those that a court would allow. Big difference: those<BR>charged as criminals have the right to defend themselves; those<BR>charged with breaking the rules are
defenceless. Guess which route<BR>Health Canada will pick ... every time?<BR><BR>Health Canada intends to treat as criminals (actually, worse than<BR>criminals) those who have not committed any crime. Why do they want to<BR>do this? To bypass our Constitution Act, 1867which gives the federal<BR>government jurisdiction over crime (and makes health the exclusive<BR>domain of the provinces). C-6 is unconstitutional for combining<BR>criminal and civil legislation into one bill.<BR><BR>Because it is unconstitutional and violates our charter rights, C-6 is<BR>legally unenforceable. Even if it becomes law, no one is legally<BR>obliged to obey it. That C-6 has come this far is a shocking waste of<BR>taxpayer resources. If C-6 isn`t stopped, its financial carnage to<BR>Canadians and their businesses will be devastating.<BR><BR>Here are some of the alarming features included in Bill C-6 (for those<BR>of you who have seen this list before, recent changes are
indicated in<BR>red):<BR><BR>Scientific Ignorance. In the total absence of scientific evidence of<BR>harm, Health Canada intends to take action against the suppliers of<BR>particular product simply because they believe that it may have an<BR>adverse effect on a person’s health. [Preamble; 2]<BR><BR>Disclosure of Confidential Information. The Health Minister intends to<BR>disclose personal and confidential business information to third<BR>parties (including foreign agencies) without the consent of the person<BR>to whom the information relates and without notifying that person.<BR>[15; 16]<BR><BR>Unreasonable Search and Seizure. Inspectors may enter any premises<BR>where they believethere are products relating to the Act. They may<BR>examine anything and seize anything they deem relevant. [20(2)]<BR><BR>Trespassing. Inspectors may enter on or pass through or over private<BR>property, and not be responsible for any problems they cause. [20(4)]<BR><BR>Use
of Force. Inspectors may be accompanied by peace officers<BR>authorized to use force. [21(3)]<BR><BR>Confiscation. Goods seized may never be returned to their owners.<BR>Anything seized may become forfeited to Her Majesty in right of Canada<BR>(i.e., the Health Ministry). [25; 26; 27; 61]<BR><BR>Lack of Training. The Minister may designate any person she wishes to<BR>be enforcers of the Act, regardless of their qualifications, training,<BR>or experience. [28; 33]<BR><BR>Unlimited Powers. Inspectors may take any measures they consider<BR>necessary to remedyalleged non-compliance with the Act, including<BR>destroying businesses and livelihoods. [31(2)]<BR><BR>Unlimited Scope. The Health Minister may make up new regulations (as<BR>interim orders) as she sees fit. These orders are exempt from the<BR>Statutory Instruments Act. The Minister does not have to go through<BR>the Privy Council to ensure that her orders are within the rules, nor<BR>does she have to
have them published in the Canada Gazette. [37]<BR><BR>Excessive Penalties. Anyone who contravenes a provision of the Act may<BR>be fined up to $5,000,000 per day and imprisoned for up to five years.<BR>[38(1)(3)].<BR><BR>Presumed Guilty. Anyone whom is believed to have contravened sections<BR>of the Act is deemed guilty of an offence – even if their products are<BR>totally safe. Anyone who pays a fine is deemed to have committed the<BR>violation in respect of which the amount is paid. [38(1); 50(1)(a)]<BR><BR>No Defence. Those named in a notice of violation are not allowed to<BR>defend themselves by truthfully claiming that they were unaware of the<BR>alleged violation or that they exercised due diligence to prevent it.<BR>C-6 overrides truth and innocence. [56(1)]<BR><BR>Senators: Four times this year, Health Canada has committed armed<BR>raids and unreasonable seizures of entirely safe products. Now they<BR>want your blessing to expand their
illegal activities. Don’t give it<BR>to them. C-6 is ultra vires. And it sets a dangerous precedent for<BR>other ministries seeking totalitarian powers. Listen to the people’s<BR>wishes and uphold our constitution!<BR><BR>Thank you,<BR>David W. Rowland, B.Com., MBA, PhD<BR><A href="http://www.drdavidrowland.ca/" target=_blank>http://www.drdavidrowland.ca</A><BR><BR><BR>-- <BR>Adv Kamayani Bali Mahabal<BR>Mobile-00919820749204<BR>skype:lawyercumactivist<BR><BR><A href="http://www.petitiononline.com/Jprof123/" target=_blank>http://www.petitiononline.com/Jprof123/</A><BR>www.binayaksen.net<BR>www.phm-india.org<BR><BR>I carry a torch in one hand<BR>And a bucket of water in the other:<BR>With these things I am going to set fire to Heaven<BR>And put out the flames of Hell<BR>So that voyagers to God can rip the veils<BR>And see the real goal.......<BR>Rabia (Rabi'a Al-'Adawiyya)<BR>_______________________________________________<BR>PHM-Exchange
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