permaculture

[FranandDave Nokes <fdnokes@hotmail.com>]

Senators meet tomorrow about this bill.  

Any bill which allows for trespass, search, seizure and arrest, unsupervised 
by the courts, is a dangerous bill to city folk and country folk alike.  I am 
concerned about anyone running any kind of growing operation.
Tomorrow, the senate will vote on Bill C-36, after refusing to hear a 
constitutional lawyer speak about it.   Some, of course, wanted to, but it 
was voted down.
Now, as Canadians, we can take our turn to send messages to the Senate.
But, first, have a look at these details, please.
Easy access to senators to follow.
Frances




Background
On June 9, 2010, Bill C-36 was introduced for first reading in the House of 
Commons. A copy of the Bill can be found at:
http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=4606148&Language=e&Mode=1&File=32
 – 1.
Bill C-36 is almost identical to Bill C-52 which had been introduced 
into the 39th Parliament on April 8, 2008, and to Bill C-6 which had 
been introduced into the 40th Parliament on January 29, 2009.
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:

ban or restrict any consumer product under threat of million dollar 
fines and two year jail sentences under the Hazardous Products Act;
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;
obtain a search warrant and seize non-compliant products, and
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 
doing.
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.