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Letters to the Editor Issue 165

by Letters(more info)

listed in letters to the editor, originally published in issue 165 - December 2009

Naturopath's Family Raided at Gunpoint by Health Canada

Dr Eldon Dahl ND: Letter to Canadian Senators

Dear Honourable Senators of the Parliament of Canada,
RE: Passage of Bill C-6
I am sure that all of you have been inundated with emails and faxes sent from concerned Canadian citizens regarding the passage of Bill C-6; from my family's personal experiences, please study this Bill in its entirety. If this Bill is allowed to be passed, it will have detrimental consequences to all Canadians. 

I am not one for form letters. I know they have their place for garnering attention, but I believe validity of content speaks volumes. Let me explain succinctly the present day actions of Health Canada - without the unlimited powers given with the passage of Bill C-6.

No Canadian family or home based business should have to endure what my family endured. On January 15, 2009 my wife Agnes answered the front door of our home and 4 RCMP officers, one with his gun drawn, burst through; the brute force even damaged our locking device.

I will never forget the terrifying look on the face of my wife; I have never seen her so afraid. To describe the panic that I felt is near impossible; I saw as my wife's hands were raised over her head in surrender because an armed RCMP officer had a gun pointed to her chest yelling; "That is not cool, that is not cool."  I thought she was going to be killed. That day's events have permanently scarred my memory and I live with the terror, thinking that it will happen again. I heard my wife say, "Please put the gun away!  We are no harm to any of you. We are humanitarians, not criminals."

The RCMP were clearing the way for Health Canada agents; they entered our home looking for vitamins, including Folic Acid and L-Carnitine, both ultra safe supplements. We sat restricted in our own home for 11 hours while Health Canada agents searched our entire residence, even violating the privacy of our bedroom. Our home safe was opened with RCMP supervision and our personal contents were photographed by Kim Selling (a Health Canada agent).

Nine months have passed and no charges have been laid and my entire inventory continues to be seized.  My case files are sealed and being held from my lawyer. My Incident Report is being refused by the RCMP and my Access of Information request has been denied.

In addition, Health Canada is not satisfied only with the destruction of my Canadian corporation, (detaining my entire finished product inventory), but also my international trade business; no inventory restricts my cash flow and damages my international trade reputation. Health Canada has even contacted Slovakia Health regarding our Slovakian corporation's reliability as a company. The inspector at Slovak Health would not disclose the information Health Canada was seeking. Health Canada's involvement with my European corporation is an abuse of power with the sole intention to harm; this is a violation under Section 37 of the Canadian Food and Drugs Act regarding natural health products deemed for export.

These restrictive measures have happened without the passage of Bill C-6. If passed, this bill will make Health Canada unstoppable and the people its puppets.

Never before have Canadians faced such a blatant offence against our civil liberties, which are the hallmark of a free and democratic society.

This bill is unconstitutional and must be withdrawn, as must any and all legislation which abrogates our international human rights and charter rights. Our government has no mandate to amend or violate our rights.

In fact it is overtly breaking the law, and is committing treason against our constitution. Legislators who propose and/or support such legislation are equally guilty, jointly and severally, of violation of what the book of criminal procedures calls, "the supreme law of Canada".

Health Canada wishes to become a power unto itself, responsible to no one. Legally, you cannot give them that power: it isn't yours to give.

The following features are specific to our family's raid and included in Bill C-6:
  • Unreasonable Search and Seizure. Inspectors may enter any premises where they believe there are products relating to the Act. They may examine anything and seize anything they deem relevant.  [20(2)]
  • 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 (i.e., the Health Ministry)  [25; 26; 27; 61]
  • 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 $5,000,000 and imprisoned for up to five years. [38(1)(3)].
  • Presumed Guilty. Anyone whom is believed to have contravened sections of the Act is deemed guilty of an offence – even if their products are totally safe. 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 Defence. Those named in a notice of violation are not allowed to defend themselves by truthfully claiming that they exercised due diligence to prevent the violation. Innocence and truth are irrelevant.  [56(1)]
Charter Rights; Universal Declaration of Human Rights
 12.          No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.
 17(2).     No one shall be arbitrarily deprived of his property.
 
Canadian Bill of Rights
 1(a).        The right of the individual to life, liberty, security of person and enjoyment of property and the right not to be deprived thereof Except by due process of law.

Canadian Charter of Rights and Freedoms
8.             Everyone has the right to be secure against unreasonable search or seizure.
11(d).     To be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal"

Yours sincerely,

Dr Eldon Dahl ND
Calgary, Alberta
Member: Freedom of Choice in Health Care

Further Information

Please go to www.canadiancoalitionforhealthfreedom.ca  and immediately Click on the BIG RED STOP BILL C-6 STOP SIGN. This will send your e-mail to all 400 plus Canadian Senators and MPS. Be sure when confirming your e-mail to enlarge your screen and click on the entire link, otherwise your final step of sending your e-mail will not work.

Sources

Klaus Ferlow kferlow@shaw.ca
Chris Gupta chrisgupta@alumni.uwaterloo.ca

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