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Jul - News - Open letter to the Canadian Federal Minister of Justice New poll - New thread - New reply
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Sukasa

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Posted on 10-07-09 05:18:42 PM Link | Quote
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I saw this in the latest student newsletter at my university... well, holy shit this is a very pointed letter. Couldn't find a copy of it through google, so I'll type it in here off the page. Spread it around if you want, I guess. Of course, I did not author any part of this letter, nor do I take any credit.

To the Right Honourable Robert Douglas Nicholson, Minister of Justice and Attorney General of Canada.

I am writing to you today in your capacity as the defender of the Canadian Bill of Rights.
In conversations with your ministry, the Privy Council, and the Clerk of Procedures in the House of Commons, I am unable to determine at which stage a Bill to be presented to the House of Commons is examined by you, or someone in your ministry to ensure that it does not contravene the Canadian Bill of Rights.
In order to remind you, I quote from the Canadian Bill of Rights:
Duties of Minister of Justice
3. (1) Subject to subsection (2), the Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a Minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this Part and he shall report and such inconsistency to the House of Commons at the first convenient opportunity.
As may be expected, I was only able to get an answer from the Clerk of the House of Commons, who advised me that it does not happen during the progress of the proposed Bill through the House.
I can only assume that it happens prior to the proposed Bill being presented.
On the subject of Bill C-6 (which does not expressly declare that it shall operate notwithstanding the Canadian Bill of Rights), which has now passed through the House of Commons and is before the Senate, I can only think two things.
One: That you or your Ministry never examined Bill C-6, or Two: That you ignored those many sections that are contrary to the Canadian Bill of Rights because you had been instructed to so do by a person or body (or government) that was not acting in the best interests of the people of Canada.
The following is a list of offending clauses within C-6 - clauses which should not be included in any Canadian legislation, because they have the potential to be used as enforcement tools in any number of ways:
Scientific Ignorance. In the total absence of scientific evidence of harm caused by a particular product, the Minister may take action against the vendors of any product simply because they believe that it may have an adverse effect on a person's health. [Preamble; 2]
Allegiance to Foreign Governments. The Ministry can ignore Canadian sovereignty and force compliance to the dictates of foreign authorities [2(e)(f); 13(1|)(d)(i)]
Disclosure of Confidential Information. The Minister may disclose personal and confidential business information to third parties 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 believe there are products or materials relating to the Act. They may examine anything and seize anything they deem relevant. [20(2)]
Trespassing. Inspectors may enter on or pass though or over private property, without being liable for so doing. [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 owner. Anything seized may become forfeited to Her Majesty in right of Canada. [25; 26; 27; 61]
Lack of Training. The Minister may designate any person he or 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 remedy non-compliance with the Act, including putting the person out of business. [31(2)]
Excessive Penalties. Anyone who contravenes a provision of the Act may be fined up to $5 million and imprisoned for up to five years [38(1)(3)]
Presumed Guilty. Anyone who is believed to have contravened sections of the Act is deemed guilty of an offense. 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 Defense. Those named in a notice of violation are not allowed to defend themselves by truthfully claiming that they exercised the diligence to prevent the violation. Innocence and truth are irrelevant. [56(1)]
Bypassing Parliament. Health Canada, or any other ministry, may expand the powers of C-6 even further by issuing Orders in Council which will not be subject to Parliamentary debate. [36]
You have failed in your duty to protect the Canadian Bill of Rights, and the Canadian people who employ you.
The result is that if this Bill should be pressured through the Senate, your lack of action to protect the people and the Canadian Bill of Rights will forever change the way Canadians live.
For instance, the Municipality of Langford, B.C., under the advice of a potential Conservative MP (Troy DeSouza) has passed a bylaw #1243 which gives the same rights to their bylaw enforcement officers as you want to give to the Minister of Health inspectors. So now there is already a case of the "dog catcher" going onto private property to provoke a dog, and thus have cause to remove it. This, legal or not, is the wedge.
As there are such a large number of sections which are contrary to the very way and rule of law by which we live, it is my belief that this is a deliberate attack on the freedoms of the Canadian People. You have not only not done due diligence, but have allowed it to pass unchallenged through the House of Commons and on to The Senate.
It is my request that you not only resign, but also:
-Withdraw Bill C-6 completely from further action in the Senate and scrap it.
-Ask the Governor General to dissolved this parliament as treasonous. Every member of the House who voted in favour of Bill C-6 should be barred from standing for election again.
Why should you do this instead of the Prime Minister? Because as the ultimate defender of the Law in Canada, you have allowed the Prime Minister to overstep his authority with this attack on the people of Canada, and that authority must therefore be withdrawn from him.
I also request that you ask the Governor General to hand the day-to-day running of Canada over to the Senate, not the Privy Council, until such time as:
1. The House of Commons and the way it performs, and the way we elect those who will lrepresent us, can be brought back into the hands of, and be answerable to, the People of Canada.
2. The Canadian Constitution, Canadian Bill of Rights, and The Canadian Charter of Rights and Freedoms be restored to their rightful place as the basis of law in Canada.

Jeremy Arney

cc to
Her Majesty Queen Elizabeth II,
by registered mail


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