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A few points from a first look at C-36, the old C-6

From Dee Nicholson [dnicholson@yaknet.ca]

My eyes are going fuzzy as it's 4 am here, but here are a few clauses I've pulled from the act.... it's 44 pages long and I'm on page 21... will continue tomorrow....
I think the para below, which comes from the preamble, is the basis upon which they go after warrantless search and siezure ( the science would justify the warrant by affidavit ).... it is STILL NOT LEGAL... it still abrogates due process... note that on one hand they are willing to charge in without real evidence, but on the other they want you to provide your DNA and your first born....
And when you get down to brass tacks (Section 13) , it refers to persons, not companies or corporations here.... WHEN DID CORPORATIONS BECOME PERSONS IN CANADA?
This is every bit as bad as the original and perhaps even worse....

Whereas the Parliament of Canada recognizes
that a lack of full scientific certainty is not to be
used as a reason for postponing measures that
prevent adverse effects on human health if those
effects could be serious or irreversible;
------------------------------------------------------------------------------
“article to which this Act or the regulations
apply” means
(a) a consumer product;
(b) anything used in the manufacturing,
importation, packaging, storing, advertising,
selling, labelling, testing or transportation of
a consumer product; or
(c) a document that is related to any of those
activities or a consumer product.
Section TWO AGAIN!!
“government” means any of the following or
their institutions:
(a) the federal government;
(b) a corporation named in Schedule III to
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.
--------------------------------------------------------------------------------------------------------
Check out this clause.. same section.....
“danger to human health or safety” means any
unreasonable hazard — existing or potential —
that is posed by a consumer product during or as
a result of its normal or foreseeable use and that
may reasonably be expected to cause the death
of an individual exposed to it or have an adverse
effect on that individual’s health —including an
injury — whether or not the death or adverse
effect occurs immediately after the exposure to
the hazard, and includes any exposure to a
consumer product that may reasonably be
expected to have a chronic adverse effect on
human health.  What would happen if we nailed VACCINES with this?
-----------------------------------------------------------------------------------------
4.(3) For greater certainty, this Act does not
apply to natural health products as defined in
subsection 1(1) of the Natural Health Products
Regulations made under the Food and Drugs
Act.
--------------------------------------------------------------------------------------
TESTS, STUDIES AND COMPILATION OF
INFORMATION
12. The Minister may, by written notice,
order any person who manufactures or imports a
consumer product for commercial purposes to
(a) conduct tests or studies on the product in
order to obtain the information that the
Minister considers necessary to verify compliance
or prevent non-compliance with this
Act or the regulations;
-----------------------------------------------------
PREPARING AND MAINTAINING
DOCUMENTS
13. (1) Any person who manufactures, imports,
advertises, sells or tests a consumer
product for commercial purposes shall prepare
and maintain
(a) documents that indicate
(i) in the case of a retailer, the name and
address of the person from whom they
obtained the product and the location
where and the period during which they
sold the product, and
(ii) in the case of any other person, the
name and address of the person from
whom they obtained the product or to
whom they sold it, or both, as applicable;
and
(b) the prescribed documents.
-------------------------------------------------------------------------
Section 19
INSPECTORS
19. (1) The Minister shall decide on the
number of inspectors sufficient for the purpose
of the administration and enforcement of this
Act and the regulations.
(2) The Minister may designate an individual
as an inspector for the purpose of the administration
and enforcement of this Act and the
regulations.
(3) An inspector shall be given a certificate
in a form established by the Minister attesting to
the inspector’s designation and, on entering a
place under subsection 21(1), the inspector
shall, on request, produce the certificate to the
person in charge of that place.
20. No person shall knowingly obstruct,
hinder or make a false or misleading statement
either orally or in writing to an inspector who is
carrying out their functions.
------------------------------------------------------------------
(2) The inspector may, for the purpose
referred to in subsection (1),
(a) examine or test anything — and take
samples free of charge of an article to which
this Act or the regulations apply — that is
found in the place;
(b) open a receptacle or package that is found
in the place;
(c) examine a document that is found in the
place, make a copy of it or take an extract
from it;
(d) seize and detain for any time that may be
necessary
(i) an article to which this Act or the
regulations apply that is found in the place,
or
(ii) the conveyance;
(e) order the owner or person having possession,
care or control of an article to which this
Act or the regulations apply that is found in
the place — or of the conveyance — to move
it or, for any time that may be necessary, not
to move it or to restrict its movement;
(f) use or cause to be used a computer or
other device that is at the place to examine a
document that is contained in or available to a
computer system or reproduce it or cause it to
be reproduced in the form of a printout or
other intelligible output and remove the
output for examination or copying;
(g) use or cause to be used copying equipment
that is at the place and remove the
copies for examination;
(h) take photographs and make recordings
and sketches; and
(i) order the owner or person in charge of the
place or a person who manufactures, imports,
packages, stores, advertises, sells, labels, tests
or transports a consumer product at the place
to establish their identity to the inspector’s
satisfaction or to stop or start the activity.
------------------------------------------------------------------------------
They have slightly altered the entry part... to require a warrant. NOTICE: WARRANTS ARE NOT LEGAL UNLESS ACCOMPANIED BY THE AFFIDAVIT IN SUPPORT. YOU ARE ENTITLED TO SEE THE EVIDENCE SUPPORTING THE GRANTING OF A WARRANT PRIOR TO ITS EXECUTION... BUT IF YOU DON'T ASK, YOU MISS OUT... BECAUSE THEY NEVER HAVE THAT AFFIDAVIT WITH THEM AND YOU CAN KEEP THEM OUT WHILE THEY GO GET IT.

(4) An inspector who is carrying out their
functions and any person accompanying them
may enter on or pass through or over private
property.
(5) The owner or person in charge of the
place and every person found in the place shall
give an inspector who is carrying out their
functions all reasonable assistance and provide
them with any information that they may
reasonably require.
22. (1) If the place mentioned in subsection
21(1) is a dwelling-house, an inspector may not
enter it without the consent of the occupant
except under the authority of a warrant issued
under subsection (2).
(2) A justice of the peace may, on ex parte
application, issue a warrant authorizing, subject
to the conditions specified in the warrant, the
person who is named in it to enter a dwellinghouse
if the justice of the peace is satisfied by
information on oath that
(a) the dwelling-house is a place described in
subsection 21(1);
(b) entry to the dwelling-house is necessary
for the purposes referred to in subsection
21(1); and
(c) entry to the dwelling-house was refused
or there are reasonable grounds to believe that
it will be refused or to believe that consent to
entry cannot be obtained from the occupant.
(3) In executing a warrant issued under
subsection (2), the inspector may not use force
unless they are accompanied by a peace officer
and the use of force is authorized in the warrant.
(4) If an inspector believes that it would not
be practical to appear personally to make an
application for a warrant under subsection (2), a
warrant may be issued by telephone or other
means of telecommunication on application
submitted by telephone or other means of
telecommunication and section 487.1 of the
Criminal Code applies for that purpose with any

necessary modifications.


Reference Sources
June10, 2010
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