Saturday, January 12, 2013

Health Canada Subject To Prosecution For Violating Constitutional Law

Health Canada Subject To Prosecution For Violating Constitutional Law
Jan 12, 2013 | Marco Torres

© Prevent Disease
The executive director of the Dietary Supplement Protective Union (DSPU) has issued a stark warning to Health Canada officials. Robert K. Jefferson noted in a statement on behalf of the DSPU, that enforcing Natural Health Product (NHP) regulations may constitute criminal activity by denying licences to manufacturers of the industry, a practice claimed to infringe on the constitutional rights of Canadians and thus subject to criminal legal action.

The full statement and notice reads:

Notice: to Health Canada Officials

Your job description may from time-to-time place you in the unfortunate position of unknowingly having committed a criminal act
. This is because the Natural Health Product Regulations are in contravention of The Constitution Act, 1867, the Charter of Rights and Freedoms and the Canadian Bill of Rights -- the highest laws in the land.

Any public servant who violates constitutional law has committed a criminal offence and is subject to prosecution. As an employee of the federal government, you are protected only against civil law suits. Health Canada cannot provide you with immunity against criminal legal action, however. You are vulnerable personally for every action you take that contravenes our constitutional laws.

Be aware that some of your day-to-day activities in denying NPN licences and in enforcing NHP Regulations may constitute criminal activity. License licence

In addition, the following activities most definitely constitute criminal activity:
  • Entrapment.
  • Initiating a raid before a warrant has been issued.
  • Obtaining a warrant under false pretences.
  • Seizing items not covered by a search warrant.
  • Seizing goods after the expiry of a warrant.
  • Withholding material evidence at trial.

In the performance of your duties, kindly respect our innate and charter rights and freedoms as Canadian citizens. 

© Prevent Disease

Health Canada wants Canadians sick and addicted to pharmaceuticals. Dr. Shiv Chopra, PhD, fired Health Canada scientist, a vaccine and drug regulator for nearly forty yearsexposed the dangers of vaccines and antibiotics evaluated every red-hot topic in public health and tried to protect Canadians from unsafe drugs, vaccines, and agricultural practices. Over the years, he tried (sometimes successfully) to stop the Canadian government from allowing Canadians to be exposed to ineffective and harmful vaccines, genetically modified foods, pesticides, carcinogenic antibiotics and hormones used in food-producing animals, and agricultural practices that promote Mad Cow Disease. He even went public with his findings, supported by Canada’s public service union, which resulted in legal battles initiated against him by a government determined to shut him up. He was finally fired from Health Canada in 2004 by then PM Paul Martin for “insubordination”. All this because he spoke the truth.

Any natural health supplementation people decide to adopt which advances health and cuts into big pharma's profits is strictly prohibited. If anybody can prove that Health Canada has any other role, we welcome you to state your case.

For the past several years, Health Canada has been quietly removing thousands of entirely safe dietary supplements from the market. These product restrictions are now becoming more aggressive. Health food stores are not able to stock their shelves with as many specialty formulations nor as many brand names as they used to. Soon our product choices may be reduced to about one-third of what they are now. Products unique to health food stores are disappearing, while those available in pharmacies appear untouched. Under the guise of protecting us from harm, Health Canada is actually causing harm by depriving some of us of safe products that we depend on for our health and well-being.

This is not a phenomenal revelation to those who know Health Canada's game which has been profoundly guided by pharmaceutical interests since its inception. This is the same regulatory agency that still issues advisory warnings for Canadians with weakened immune systems to consume pasteurized foods including hot dogs and deli meats.

Dr. Eldon Dahl, now a Canadian hero for standing up to Health Canada, serves as an excellent example of how Health Canada abuses its authority and uses the Royal Canadian Mounted Police and SWAT teams to raid innocent Naturopathic Doctors who sell vitamins.



The DSPU also lists 17 lies which Health Canada promotes as truth and in the best interests of Canadians:

1. Lie: Health Canada regulates Natural Health Products in the best interests of consumers and in accordance with the laws of this country. 

Truth: Health Canada is a rogue bureaucracy that holds itself above the law and is answerable to no one.

2. Lie: Natural Health Products need to be regulated for reasons of safety. 

Truth: Natural Health Products (NHPs) are safer than everyday foods. As an example, people die every year from food poisoning or anaphylactic shock from eating peanuts. No one has ever died from consuming vitamins, dietary supplements, nor any other kind of NHP -- not in Canada, not anywhere, not now, not ever.

3. Lie: Natural Health Products are "drugs". 

Truth: This argument will never stand up in court. The definition of "drug" in the Food and Drugs Act is meaningless and unenforceable. It violates the "void for vagueness" and "over breadth" doctrines under section 7 of the Charter of Rights and Freedoms. According to this whimsical definition, foods are magically transformed into "drugs" the moment true health claims are made for them -- including oranges for scurvy, prunes for constipation, carrots for vision, oat bran for cholesterol, bananas for potassium, milk for ulcers, green tea for antioxidants, garlic as an antibiotic, bran for fibre, cherries for gout, papaya for digestion, fish as brain food, mints for halitosis, water for preventing dehydration, and any food that prevents starvation (which includes all foods). Health Canada does not have any valid legal basis for proclaiming whatever it wishes to be a "drug".

4. Lie: The Natural Health Product Regulations (NPHR) are needed because the public is not adequately protected from these substances in any other way. 

Truth: The public is already sufficiently protected. All Natural Health Products must comply with the Food and Drugs Act, which protects the public from both injurious products and those which are fraudulently promoted. NHPs must also comply with the "truth in advertising" provisions of the Competition Act and the Canadian Code of Advertising Standards. All NHPs imported from the U.S. also comply with the Dietary Supplement and Health Education Act (DSHEA) administered by that country’s Food and Drug Administration.

5. Lie: Health Canada has the legal authority to regulate Natural Health Products

Truth: Health Canada’s regulation of NHPs is unlawful because it contravenes sections 90 and 91 of the Constitution Act, 1867. These sections define and delineate the legislative powers of the federal and provincial governments. Health Canada is a branch of the federal government and as such has jurisdiction over crime but not over products. Matters of health are the exclusive domain of the Provinces.

6. Lie: Regulations have the power of law. 

Truth: Laws are Acts of Parliament passed by our elected representatives. Regulations are dictates created by bureaucracies on the basis of "because we say so". Anyone who breaks a law is guilty of a crime. Anyone who does not conform to a regulation has simply ignored or overlooked a bureaucratic decree but has not committed any crime in so doing.

7. Lie: The Food and Drug Regulations and the Natural Health Product Regulations are lawful and must be obeyed. 

Truth: Both of these sets of regulations are ultra vires (beyond the law) because they (a) contravene the Constitution Act, 1867, (b) have never been sanctioned by Parliament, (c) have never been examined under the Statutory Instruments Act for conformity to the Canadian Bill of Rights and the Charter of Rights and Freedoms, and (d) have never been reviewed by the Scrutiny of Regulations Committee (REGS).

8. Lie: Every Natural Health Product must obtain an NPN licence before it can legally be offered for sale. 

Truth: This threat is a form of extortion requiring suppliers to submit to unwarranted restrictions and to incur excessive costs for the "privilege" of being allowed to stay in business. The NPN licensing scheme is a scam that contravenes the Constitution Act, 1867 and the Charter of Rights and Freedoms. Health Canada does not have any right to be in the product licensing business. The only legal authority that Health Canada has to take any product off the market is if said product has been proven to be injurious.

9. Lie: Health Canada has the legal authority to stop the sale and importation of any product which does not have an NPN licence. 

Truth: No, it does not. The only lawful reason Health Canada has for restricting any product from sale or importation is if said product has been proven to be injurious. As a branch of the federal government, Health Canada’s powers under the Constitution Act, 1867 are limited to policing crimes. No crime has been committed simply by not complying with bureaucratic dictates.

10. Lie: Health Canada has the right to restrict any product from the market if sufficient "safety data" cannot be provided for it. 

Truth: This is an impossible reverse onus that defies science, logic and law. Science can measure only actual events, such as instances of injury. Safety is a non-event, the absence of injury, and thus cannot be measured. It is impossible to reach any conclusion on the basis of that which does not exist. This is the fundamental principle of "innocent until proven guilty" on which our entire legal system is based. In the absence of proven cases of injury, any given substance must be presumed to be safe.

11. Lie: Health Canada has the right to pre-approve health claims for Natural Health Products. 

Truth: For Health Canada to limit health claims to those which conform to its beliefs is an act of censorship, in contravention of the Charter of Rights and Freedoms. Deciding which health claims may or may not be valid for a particular condition constitutes the practice of medicine, which discipline falls exclusively under provincial jurisdiction.

12. Lie: Health Canada has the right to evaluate the efficacy of Natural Health Products. 

Truth: To decide which products may be effective for particular health conditions constitutes the practice of medicine, which discipline falls exclusively under provincial jurisdiction. Any product which is falsely promoted for purposes that it cannot fulfill is in contravention of the "truth in advertising" provisions of the Competition Act and the Canadian Code of Advertising Standards. Suppliers of NHPs have a rational self interest in providing effective products because consumers soon stop buying those which do not work.

13. Lie: The NPN licence on a product is the public’s assurance that it is an effective, high quality product. 

Truth: Many high quality products are no longer on the market because suppliers could not afford the excessive costs of complying with the NPN licensing scheme. Health Canada tends not to approve licences for products which are used to treat significant health challenges, nor to those which compete with prescription drugs. Many consumers are upset because key ingredients have been taken out of their favourite products in order to comply with NPN licensing, rendering these products less effective than they used to be.

14. Lie: "The role of the Natural Health Products Directorate (NHPD) is to ensure that Canadians have ready access to Natural Health Products that are safe, effective, and of high quality while respecting freedom of choice. "

Truth: The NHPD is accomplishing the exact opposite of its professed objective. It has restricted thousands of safe and effective products from the market, causing some domestic suppliers to go out of business and others to cut back on their product lines. A number of U.S. companies have also withdrawn their safe and effective products from the Canadian market because the NPN requirements were too much cost and bother for them. Consumers have less freedom to choose safe and effective NHPs than ever before.

15. Lie: Health Canada has the legal right to seize Natural Health Products that do not conform to regulations. 

Truth: Such confiscations amount to theft and are in violation of the unreasonable search and seizure provisions of the Canadian Bill of Rights and the Charter of Rights and Freedoms. They are also in contravention of the Constitution Act, 1867 that limits the powers of federal government departments to policing actual crimes, such as selling products proven to be injurious.

16. Lie: Armed police raids on vitamin suppliers have never happened. 

Truth: For proof that Health Canada has instigated these armed raids multiple times, go to www.dspu.ca. "Raided at Gunpoint" (posted 24 Nov/11) features a video of Dr. Eldon Dahl describing the terror he felt during 11 hours of the unreasonable search and seizure that destroyed his family business. "Vitamin Police Terrorize Suppliers" (posted 15 Oct/11) summarizes this and six separate but similar police raids that also took place at gunpoint.

17. Lie: There is no collusion between Health Canada and the pharmaceutical industry. 

Truth: Drug companies are the obvious benefactors of the unwarranted restrictions on Natural Health Products. Schedule F of the Food and Drug Regulations includes nine NHPs that are restricted to sale by prescription only. (Health Canada is currently attempting to add digestive enzymes to Schedule F. ) Schedule A of the Food and Drugs Act lists 29 health challenges for which Health Canada does not wish the public to self-medicate, meaning that these conditions can be treated only by prescription drugs. Health Canada does not issue NPN licences for NHPs that compete with prescription drugs. It is impossible for small family businesses to comply with the licensing procedures and hurdles, yet easy for the giant drug companies to do so. The staff of the Natural Health Products Directorate includes many employees who have pharmaceutical backgrounds but none who have any expertise with Natural Health Products. Those regulations and policies which are biased towards the pharmaceutical industry may be in contravention of the Monopolies Act.

Sources:
dspu.ca
kospublishing.com

Marco Torres is a research specialist, writer and consumer advocate for healthy lifestyles. He holds degrees in Public Health and Environmental Science and is a professional speaker on topics such as disease prevention, environmental toxins and health policy.

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