----- Original Message -----
From: chrisgupta@alumni.uwaterloo.ca
To: Recipients
Sent: Wednesday, May 07, 2008
Subject: Bill C-51: May 8th 2008 CCHF Input
"THEY will make a critical decision on Thursday May 8th 2008 on whether to schedule Bill C-51 on next week’s order paper. IT IS CRITICAL THAT YOU KEEP UP THE PROTESTS AND WE HAVE CREATED A SPECIAL WEBSITE TO ASSIST IN THIS – go to www.helpstopbillc51.ca and / or www.healthcanadaabuse.com and send the E-Action Protest letters immediately."
Good Day Canadian Coalition for Health Freedom Council and advisors,
The Conservatives had their caucus this AM and our combined efforts certainly are having an impact. I received a telephone call part way through caucus from one of our Friends of Freedom with an update.
The majority of the Conservative caucus is supporting our documented concerns and it has reached such a crisis point in the senior level of the Conservative Party that my contact in the senior level of Prime Minister’s office e-mailed me late yesterday requesting a copy of our 12 reasons not to support Bills C-51 and C-52 [see below].
I also spoke to the Minister of Health’s senior staff today as well as others.
Thank you Chris for your modifications done last night. I have further updated and changed the attached 12 reasons not to vote of Bills -51 and C-52 it into my presentation for tomorrow’s hearing.
Stephane is kindly translating into French.
The following (see end of post) was received from the Canadian Standing Committee on Health concerning the witnesses who are appearing tomorrow.
Also, Bill C-51 will definitely not be in the Canadian Parliament this week, high level sources have again confirmed this.
TrueMan
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TrueMan’s presentation for the Standing Committee on Health Ottawa May 8th 2008
Our Coalition’s Top Twelve [12] Reasons for MPs of every party to vote against Bills C-51 & C-52 and to immediately stop the Natural Health Products Regulations that are attempting to unlawfully change over 50,000 low risk, cost effective and essential for good health [herbs, vitamins, minerals and healthy therapeutic dietary food supplements, foods, beverages, nutrient-rich food concentrates and extracts, etc.] into heavily federally regulated new drugs.
Prepared by the most experienced grassroots Freedom of Choice in Health Care team in Canada.
On January 1st, 2004, in direct contradiction to the recommendations of the 1998 Standing Committee on Health, the Health Canada Inspectorate and Therapeutic Product Directorate Bureaucrats via the Privy Council Office [PCO], with the concurrence of Paul Martin and Anne McLellan tried forcing the PHARMACARTEL’s long pending “Your Dietary food supplements are now drugs” German scheme onto Canadians.(http://www.livingnutrition.com/articles/codex.html)
This is still occurring today and is destroying hundreds of small businesses, causing thousands of, long time on the market, safe and effective therapeutic food products to be removed from the market; is causing significant price increases to the consumer and wasting federal resources that should be focused on protecting Canadian from the acknowledged deadly and dangerous synthetic drugs and chemical additives such as aspartame (http://www.newmediaexplorer.org/chris/2005/12/29/will_nm_be_first_state_to_ban_aspartame.htm)
and fluoride. (http://www.newmediaexplorer.org/chris/2008/01/28/water_toxicity_hydrofluorosilicic_acid.htm)
On April 8th 2008 these same out of control Health Canada Inspectorate and Therapeutic Product Directorate Bureaucrats via Kevin Lynch of the Privy Council Office [PCO], with the concurrence of Stephen Harper and Tony Clement introduced PHARMACARTEL’s long pending “DREAM BILLS” C-51 and C-52 into the House of Commons. The Bill passed first reading and it must not pass second reading. A link to a version of the Bill is here (http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3398126&)
The grassroots protests last week were successful in preventing Bill C-51 from being discussed and voted on Friday May 2nd 2008 as THEY had planned.
Our collective grassroots’ protests were also successful in ensuring that Bill C-51 was not on this week’s order paper for further Parliamentary discussion and second reading vote.
THEY will make a critical decision on Thursday May 8th 2008 on whether to schedule Bill C-51 on next week’s order paper. IT IS CRITICAL THAT YOU KEEP UP THE PROTESTS AND WE HAVE CREATED A SPECIAL WEBSITE TO ASSIST IN THIS – go to www.helpstopbillc51.ca and / or www.healthcanadaabuse.ca and send the E-Action Protest letters immediately.
What we are suffering under is called “STATISM” and / “SOCIALISTIC FASCISM”, which is basically in the academic definitions the merging of BIG GOVERNMENT with BIG BUSINESS including BIG PHARMA and related allies. This has been confirmed by the special access being provided exclusively to thirty or so mega corporations that are participating regularly with the Hon. Stephen Harper and the Presidents of the USA and Mexico [ten from each country].
Our Canadian Coalition for Health Freedom and our Coalition members have submitted over 300,000 petitions to Parliament since the initial July 1st 1997 BIG PHARMA driven attempt to federally classify Dietary Food Supplements as new drugs in Canada.
WITH THESE CREDENTIALS WHY WERE WE NOT INVITED?
After all Canada is owned and operated in trust for the PEOPLE, is it not?
THIS IS NOT RIGHT, we do not want our CANADA to be a modern corporate feudal socialistic fascist police state in which the several thousand years of developing the finest legal and political system in recorded history is destroyed under Stephen’s rule as the De Facto King of Canada.
PROFITS cannot and should not be placed as priority before PEOPLE. The sole and aggregate corporations, government and non-government cannot be allowed to focus solely on mega corporate profits with complete disregard for the needs and will of the PEOPLE, who really are entitled to own and operate their own communities and countries to serve the PEOPLE’s needs in accordance with God’s Laws and the Fundament Natural Law that no Prime Minister, Monarch, President, Senate, Congress, Parliament, Judge or Court can lawfully alter.
REASON NUMBER ONE
The Health Canada bureaucracy has become more powerful then any other government operation.
The Health Canada bureaucracy is totally out of control and the various Committees of Parliament and the Senate, and the Parliament and Senate must regain control of this bureaucracy and stop the massive jurisdiction intrusions into exclusive areas of Provincial jurisdiction and the violations of the Rule of Law, Implied Bill of Rights and Written and Unwritten Constitution.
Health Canada does not even acknowledge that it is SOLELY, a criminal police operation. It conducts a criminal investigative police operation with the most extreme local discretionary police powers, without Rule of Law and Constitutional safeguards against corruption and abuse and any administrative and / or internal affairs review system!
CAN YOU BELIEVE that there is currently no published legislatively created independent Administrative / Early Resolution Ombudsman office, no published Internal Affairs review system and our Coalition has proof of potential criminal code violations by Health Canada staff that was documented and sent to the RCMP and has been ignored.
In 1997 and 1998 there was a massive call for an independent investigation into the out of control Health Canada bureaucracy that never happened. Our Coalition and others have continued for 11 years in hundreds of communications and meeting to call upon those who on behalf of the PEOPLE control Ottawa to immediately initiate this long overdue investigation.
NO INVESTIGATION HAS OCCURRED YET!
REASON NUMBER TWO
Bills C-51 & C-52 contain a Rule of Law / Constitutional premise change that would instantly destroy several thousand years of FUNDAMENTAL UNALIENABLE RIGHTS under criminal law.
The second last paragraph of the proposed Bill C-51 preamble reads as follows:
“Whereas the Parliament of Canada recognizes that it is the responsibility of regulated persons to ensure that only products that meet legislative requirements are available to the public;”
This statement is more consistent with Mexico’s Draconian Napoleonic code or a reverse onus, than with Canada’s constitutional history. There is no constitutionally valid jurisdiction in the Parliament of Canada to create such a “White List” Civil / Roman Law type permissive licensing federal regulatory scheme.
Just look at Mexican justice and what happened to Brenda Martin.
DO YOU WANT AMERICAN AND MEXICAN JUSTICE TO REPLACE OUR RULE OF LAW, IMPLIED BILL OF RIGHTS AND WRITTEN AND UNWRITTEN CONSTITUTION?
The current Minister of Health is not controlling the Privy Council and Health Canada bureaucrats who, together with the SPP working committees, are driving both the Natural Health Product Regulations and Bills C-51 and C-52.
REASON NUMBER THREE
All that Bills C-51 and C-52 do is in violation of the Rule of Law, Implied bill of Rights, Written and Unwritten Constitution and the will of millions of Canadians.
REASON NUMBER FOUR
Bill C-420 was trying to fix two problems that were created in amendments made to the “Adulteration and Fraud Act” in 1920 and 1927 and in 1934.
The PHARMACARTEL created these amendments and renamed the Act then, for the very same reasons that BIG PHARMA is attempting to pass Bill C-51 for now.
The definition line in a criminal federal police operation is critical to our freedoms. Our Fundamental British Natural Justice / God’s Laws / Natural Law / Fundament Justice requires in all criminal matters, Bill C-420, had it passed would have corrected and clarified this problem in a manner consistent not only with our country’s Rule of Law and Constitution, but also with the USA who solved this problem by passing the “Dietary Supplements Health Education Act [DSHEA] in 1994.(http://www.newmediaexplorer.org/chris/2005/06/30/make_dshea_the_international_standard_for_dietary_supplement_trade_codex.htm)
Bills C-51 and C-52 are draconian, unconstitutional and against public interest. This legislation will only make these Freedom of Choice issues worse and not be in our best interests with our largest trading partner.
The second issue that Bill C-420 addressed was the admitted constitutionally unenforceable 1934 censorship provisions which attempted to create a criminal offence against anyone telling the truth about how any “Therapeutic Product” successfully prevented, treated and / or cured any Schedule A disease. It is still in the current act under sections 3.1 and 3.2.
Understanding this constitutional issue will help you understand why Bills C-51 and C-52 are constitutionally repugnant.
REASON NUMBER FIVE
As already indicated it is not within federal section 91 [27] jurisdiction for the federal government to create any broad act called “An Act respecting foods, therapeutic products and cosmetics.”
Any new Act needs to revert to the original name “The Adulteration and Fraud Act” and include everything that human beings are exposed to that has been documented to cause death. Currently there is no scientific factual statistical date base this needs to be created immediately. Without such data there can be no federal criminal power intervention.
REASON NUMBER SIX
In any new Act the DSHEA / Bill C-420 style definition should be expanded to deal with the deadly and dangerous “Therapeutic Synthetic Drug Product” far more effectively than Health Canada is doing today. In view of the scandals and overall failure of federal criminal police forces our Coalition suggests that the actual legislation be incorporated into the existing Criminal Code and utilize all police forces to protect Canadian by independent investigation and prosecution.
REASON NUMBER SEVEN
Again, Health Canada does not acknowledge that its sole existing legislative authority is to protect the public from dangerous and deadly adulterations and fraud from drugs, which the public views as prescription drugs and Over the counter drugs most of which are synthetic and not sourced from natural plant and animal kingdom.
Everyone who wants to understand these issues must read the 1884 Adulteration and Fraud Act and the updated version called the Food and Drugs Act, 1985.
Health Canada is solely under section 91 [27] which is the only head of federal jurisdiction that Health Canada and the federal Parliament can claim valid constitutional / Rule of Rule jurisdiction under a federal criminal police force.
Unfortunately neither Health Canada staff, its Director Generals, its Assistant Deputy Minister, its Deputy Minister, who you would think would know better.
This means that any criminal investigation and / or charges and / or trial must follow the Rule of Law, Implied Bill of Rights, Written and Unwritten Constitution appropriate for criminal law environments.
Bill C-51 is specifically designed to unlawfully alter these Fundamental and unalienable rights, freedoms, liberties and safeguards of protection of property, trade and commerce, Substantive Due Process and protection of security of individual human beings that have been mandatory in criminal justice for over a thousand years.
We will give you several examples of what we mean. In criminal drug charge matters extensive case law has established a well known definition of “sell” which is:
“’sell’ includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration.”
If Bill C-51 was passed, for the first time in Canada tens of thousands of Canadians including most parents trying to look after their parents would instantly become criminals as the new definition of “sell” is”
“’sell’ includes offer for sale, expose for sale or have in possession for sale or distribute to one or more persons, whether or not the distribution is made for consideration and in relation to a device, includes lease, offer for lease, expose for lease or have in possession for lease.”
The dangerous part of the unprecedented change is interesting the expression if you distribute to “one or more persons” you can be criminally prosecuted for selling under the Act. The old definition would normally only be applicable to commercial ventures.
Under the proposed changes if Bill C-51 became criminal law a parent giving herbs, vitamins, minerals, and almost any “Healthy Nutrient-rich naturally occurring plant food” is “selling” items that the already out of control Health Canada could deem as an unauthorized “Therapeutic product” that is a “Drug” and equivalent to heroin, cocaine, prescription synthetic drugs.
REASON NUMBER EIGHT
Small business is the core of the Canadian economy and as identified in the Canadian Federal of Independent one of the gravest threats to the survival of small family businesses, is regulations. The mess involving the line between the definition of Food and Drug and the issues with 3.1 and 3.2 and schedule A and the issues of recall, seizure, etc. have destroyed hundreds of small family businesses especially with the attempt to force against public interest and unlawful natural health product Regulations onto all Canadian retailers, practitioners, distributors, importers, manufacturers, etc.
The industry generally supported the Natural Health Product Regulations believing that the new federal regulatory scheme would provide a stable, affordable marketplace, where all sizes of businesses would prosper.
This has turned out not to be true and the new Bill C-51 legislative changes are only going to make more small family enterprises fail and or become marginal financially.
REASON NUMBER NINE
It has always been accepted that food, health, civil and property rights and professions are under the exclusive jurisdiction of the Provinces. Bill C-51 if passed would permanently alter this fundamental division of jurisdiction and the entire relationships of individual businesses in every sector and type of food, healthcare, etc.
Another example is the new definition of “controlled activity’;
(a) in relation to a therapeutic product manufacturing, collecting, processing, preserving, labelling, packaging, importing for sale, distributing, wholesaling or testing, and
(b) in relation to a designated therapeutic product manufacturing collecting, processing, preserving, labelling, packaging, importing, distributing or testing.
This brings Health Canada bureaucrats without any safeguards into millions of citizens’ lives and tens of thousands of businesses of all sizes. The Constitutional and jurisdictional implications are enormous and will fundamentally change our entire society.
Bill C-51 grants Health Canada bureaucrats complete control over not only “Therapeutic Products”, but also all trade and commerce activities in the entire nation!
Bill C-51 states:
“13. No person shall conduct a controlled activity unless they are authorized by an establishment license to do so.”
This even expands the Natural Health Product to a boarder mandate and by adding processing and preserving it is apparent BIG PHARMA, the PCO and Health Canada bureaucrats and the SPP Directorates have more sinister plans that are yet to be fully revealed.
REASON NUMBER TEN
One of the reasons that parts of the Natural Health Care Industry accepted the Natural Health Products Regulations was the understanding that international agreements such as CODEX would not apply to dietary supplements in Canada if the traditional legislative classification was changed from food to a new novel regulatory sub-class of drugs called “Natural Health Products Regulations.
If Bills C-51 and C-52 are passed any international law, rule, regulation, trade agreement, treaty, protocol can become applicable to all and any parts of Canada without rule of law power of challenge, constitutional Substantive Due Process, Parliamentary Review and Approval. The horrors of Mexican state police law will be visited on Canadians as exhibited in the Brenda Martin case.
If Bills C-51and C-52 are passed all Canadian confidential information becomes potentially available to foreign governments and their agencies including the CIA, FBI, FDA and any other similar entity in the other 190 plus countries in the world.
Bill C-51 includes the following definitions:
“government means any of the following or their institutions, as applicable:
(a) the federal government;
(b) a corporation named in Schedule III to 10 of the Financial Administration Act,
(c) a provincial government or a public body established under an Act of the legislature of a province,
(d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act,
(e) a government of a foreign state or of a subdivision of a foreign state, or
(f) an international organization of states.
Bill C-51 adds the following to the regulation making power of the federal government:
“30(7) A regulation may incorporate by reference documents produced by a person or body other than the Minister of the Canadian Food Inspection Agency including
(a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;
(b) an industrial or trade organization; or
(c) a government.”
This means that by simply passing a regulation that a CODEX treaty could be forced onto Canadians.
REASON NUMBER ELEVEN
The entire “white list” concept is illegal and outside federal jurisdiction and the various sections of Bill C-51 are an abomination including those designed to prevent importation from other countries and the shipping across provincial borders without Health Canada bureaucrats permission, which is a fundamental protected right in the Constitutional Act 1982.
Health Canada bureaucrats also want the power to determine who can be in business, what products you can carry and who your customers will be.
REASON NUMBER TWELVE
Health Canada bureaucrats are given extended non Court supervised extreme criminal investigative police powers that are not available to any other criminal police powers without all of the Rule of Law, Constitutional and Democratic safeguards, including published administrative review process and Internal Affairs Process.
See in Bill C-51 the substantially revised s. 23, 24, 25, 26 and 31.
If Bill C-51 is passed the financial destruction is almost beyond belief that will occur. The fines and penalties will destroy any small family business that Health Canada goes after as they have been doing with complete immunity for decades.
Bill C-51 is also planning on piercing the corporate veil and holding Directors and officers of corporations personally.
CONCLUSIONS AND REQUESTS
As requested in 1997, 1998 and every year since, we need the Standing Committee on Health and / or a Royal Commission and / or some other body to convene and investigate over 15 years of allegations of out of jurisdiction, abusive, malicious and improper conduct by Health Canada criminal investigative police officers and their management. It is critical that the Standing Committee on Health go to the different communities across the country and give limited resourced consumers, small family enterprises and their local organizations to opportunity to participate in stakeholder input processes.
As detailed in the 1998 Standing Committee Report and dissenting Reports from all parties, we need a separate and distinct food-style federal regulatory system that has “Appropriate Regulatory Framework” for the inherently low risk and safe dietary food supplements. As already indicated this “Third Category” legislation was passed in 1994 by the USA and should have been implemented via legislation long ago in Canada a very similar piece of legislation. This new regulatory system needs to be handled by a different Minister than the Minister of Drugs.
As requested in writing many times since 2004, we need the Joint Scrutiny of Regulations Committee to provide consumers and small family enterprises and our Coalition witness days on record to present why the Natural Health Product Regulations are out of federal jurisdiction, against public interest, and in violation of the established legal criteria for federal regulatory processing.(http://www.newmediaexplorer.org/chris/2008/05/04/legal_shenanigans_bill_c51.htm)
As requested many times we need a legislative ombudsman setup for administrative review of any federal regulatory action taken at the local level by the Health Canada criminal investigative police, the Canadian Border Services police and / or the Canadian Food Inspection police and or their administrative systems pertaining to import and or export of anything by either consumers and or small family businesses and their Canadian operations within Canada. There also needs to be the standard police force published internal affairs review system as well.
Our Coalition and other Natural Health Product industry voices need to create a self-regulating model for dietary food supplements in Canada and be given equal federal status with synthetic drug industry in all matters pertaining to the protection, treatment and even in some cases cures of most chronic diseases [see www.livelongereducationalfoundation.com]. Key to this will be the need for a federal death registry that tracks on live time basis all deaths in Canada from any cause whatsoever and establishes a mandatory federal coroner’s report. This will avoid the recent hospital scandals hiding and altering causes of death to protect themselves and avoid the type of scandal that occurred with the serial killer doctor in the UK.
Our Coalition respectfully requests an intergovernmental agency / department task force be setup immediately with representatives from the Minister’s offices of Health, Canadian Border Services and Canadian Food Inspection Services and our Coalition and several other consumer, practitioner, retailer, distributor and manufacturers to in a positive and constructive manner to meet regularly and try to mutually develop a new Natural Health Care 10 year program for Canada that removes all Modern Medicine bias from federal activities nationally
.
Our Coalition requests that the Canadian nutritional standards, Codex activities and other federal initiatives also setup a senior level task force to become educated by our Coalition and other lead natural health small business and consumer organizations to become “Sensitive” to the immediate need for beneficial integration of our Coalition’s “Natural Health Holistic Approaches” into the existing “Modern Medical Disease” Approach system.
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HOUSE OF COMMONS
CHAMBRE DES COMMUNES
2nd Session, 39th Parliament
2e Session, 39e législature
NOTICE OF MEETING
AVIS DE CONVOCATION
Standing Committee on Health (Comité permanent de la santé)
Meeting No. 28
Séance no 28
Thursday, May 8, 2008
Le jeudi 8 mai 2008
11:00 a.m. to 1:00 p.m.
11 heures à 13 heures
Room 237-C, Centre Block
Pièce 237-C, édifice du Centre
(613-943-1496)
(613-943-1496)
Orders of the Day
Ordre du jour1.
Committee Business
1.
Travaux du Comité
• Notice of motion from the Hon. Robert Thibault
• Avis de motion de l'hon. Robert Thibault
2.
Briefing on Natural Health Products
2.
Séance d'information sur les produits de santé naturels
First Panel
Premier groupe de témoins
Witnesses
Témoins
Department of Health
ministère de la Santé
Philip Waddington, Director General
Natural Health Products Directorate, Health Products and Food Branch
Philip Waddington, directeur général
Direction des produits de santé naturels, Direction générale des produits de santé et des aliments
Direct Sellers Association of Canada
Association de ventes directes du Canada
Ross Creber, President
Ross Creber, président
Mark Priemer, President
MMP Enterprises Ltd
Mark Priemer, président
MMP Enterprises Ltd
Apothecary-Consultant
L'Apothicaire-Consultant
Jean-Yves Dionne, Pharmacist
Jean-Yves Dionne, pharmacien
University of Montreal
Université de Montréal
Pierre Haddad, Professor
Department of Pharmacology
Pierre Haddad, professeur titulaire
Département de pharmacologie
Canadian Cosmetic, Toiletry and Fragrance Association
Association canadienne des cosmétiques, des produits de toilette et parfums
Darren Praznik, President and Chief Executive Officer
Darren Praznik, président et chef de la direction
Kathleen Ljubisic, Director
Regulatory and Scientific Affairs
Kathleen Ljubisic, directrice
Réglementation des affaires scientifiques
Option consommateurs
Option consommateurs
Geneviève Reed, Head
Research and Representation Department
Geneviève Reed, responsable
Service de recherche et de représentation
Anu Bose, Head
Ottawa Office
Anu Bose, responsable
Bureau d'Ottawa
Second Panel
Deuxième groupe de témoins
Witnesses
Témoins
Canadian Health Food Association
Association canadienne des aliments de santé
Penelope Marrett, President and Chief Executive Officer
Penelope Marrett, présidente et chef de la direction
Truehope Nutritional Support Ltd.
Truehope Nutritional Support Ltd.
Ian Stewart, Director
Regulatory Affairs
Ian Stewart, directeur
Affaires réglementaires
Canadian Coalition for Health Freedom
Canadian Coalition for Health Freedom
Trueman Tuck, Secretary Treasurer
Trueman Tuck, secrétaire trésorier
Natural Health Products Protection Association
Natural Health Products Protection Association
Peter Helgason, Vice-President
Peter Helgason, vice-président
Canadian Men in Nursing Group
Canadian Men in Nursing Group
James D'Astolfo, President and Founder
James D'Astolfo, président et fondateur
Branden Shepika, Chapter Director
Branden Shepika, directeur de sections
La greffière du Comité
Carmen DePape ((613) 995-4108)
Clerk of the Committee
2008/05/06 3:02 p.m.
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