Below is a "Cease & Desist" letter with citations...which I have penned to the Attn. of Health Canada. I am in ownership of precisely "zero" training at Canadian Law; possessing only the absolute minimum of necessary layman's understanding to facilitate "self-protection" in various circumstances.
If you are in ownership of some training at Law (preferrably) Canadian... please take a few moments to make suggestions as to how we can pen this more, or "most" effectively; ideally so that I won't have to follow up upon the threat of lawful action.
Thanks all in advance.
To The Attn. Of:
All employees, public servants, civil servants, agents, appointees et. al. currently operating as (& for) the Canadian Governmental Body commonly referred to as : Health Canada
Re: your internet posting found here: To All Persons Interested in Importing, Advertising or Selling Electronic Smoking Products in Canada - Health Canada Notice 2009-03-27
Re: Health Canada's unlawful instructions to: Canada Border Services Agency (CBSA)
Until such a time as Clinical Science &/or Conventional Science can establish (factually) & beyond a reasonable doubtthat e-cigarettes (electronic cigarettes & similar terms) & their related delivery paraphernalia are more harmful than combustible cigarettes :
We, the adult "vapers" (daily recreational users of such devices) of Canada, being shareholders/voters/taxpayers/& "Natural Persons" (biological entities) demand a Cease & Desist of Health Canada's current (& future) actions & proclamations... as such actions & proclamations may be applicable to, & infringing upon, the Charter-protected rights, Human Rights, Civil Rights, Common-Law Rights etc. of individual adult Canadian living persons who enjoy recreational "vaping". Failure to do so within 30 days following the receipt of the "Registered Mail, Hard Copy" of this notice, will very likely result in a Class-Action Lawsuit being filed in the Courts of Competent Jurisdiction(s) with regard to Health Canada's respective violations in regard to "both" The Canadian Charter of Rights & Freedoms & the Food & Drugs Act preamble (see highlighted areas of attached pdf.)
In the interests of "clarity":
We, the adult vapers residing in Canada, are "not" opposed to Health Canada exercising its regulatory mandate as such mandate may apply to current & future "commercial" activities within Canada, we are not opposed to safety "standardization" within the Industry & its OEM'S & Suppliers (as the unfolding accurate knowledge base grows & makes such an accomplishment possible), we are not opposed to reasonable tariffs, taxes & other reasonable levies upon our products & current personal imports. Our "ONLY" concerns are the present-day unlawful (& unsupported by clearly defined Statute) seizure of our individually purchased goods in various outside jurisdictions, which are intended for our purely "personal-adult-recreational-use" &/or a less harmful (as opposed to combustible) form of "pretend" smoking...& Health Canada's blatant disregard of our individual rights as defined within The Canadian Constitution (the self-proclaimed "highest Law" in Canada), as those defined rights specifically apply to our individual private & personal purchases & imports.
Your speedy compliance with the articles highlighted within the attached pdf are both expected... & appreciated.
Thank-you,
Canadian Vapers Coalition
citations:
As per:
The Canadian Charter of Right and Freedoms
Guarantee of Rights and Freedoms
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
8. Everyone has the right to be secure against unreasonable search or seizure.
15.(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
24.(1) Anyone whose rights or freedoms,as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.
As per:
The FOOD AND DRUGS ACT:
3. No person shall knowingly provide the Minister with false or misleading information in relation to a matter under this Act or the regulations, including in relation to an application for a licence, registration or authorization.
Tampering
3.1 (1) No person shall tamper with a food, therapeutic product or cosmetic or its label or package with the intent to
(a) render the food, therapeutic product or cosmetic injurious to human health; or
(b) cause a reasonable apprehension in others that the food, therapeutic product or cosmetic is injurious to human health without themself believing that it is so.
Selling or importing for sale
(2) No person shall sell or import for sale a food, therapeutic product or cosmetic that was tampered with in order to render it injurious to human health.
Threats
(3) No person shall threaten to tamper with a food, therapeutic product or cosmetic in order to render it injurious to human health.
Hoaxes
3.2 No person shall knowing information to be false or being reckless as to its truth communicate or cause to be communicated that information with the intent to cause a reasonable apprehension in others that a food, therapeutic product or cosmetic is adulterated, was manufactured, processed, prepared, preserved, packaged, stored or conveyed under unsanitary conditions or was tampered with in order to render it injurious to human health.
If you are in ownership of some training at Law (preferrably) Canadian... please take a few moments to make suggestions as to how we can pen this more, or "most" effectively; ideally so that I won't have to follow up upon the threat of lawful action.
Thanks all in advance.
To The Attn. Of:
All employees, public servants, civil servants, agents, appointees et. al. currently operating as (& for) the Canadian Governmental Body commonly referred to as : Health Canada
Re: your internet posting found here: To All Persons Interested in Importing, Advertising or Selling Electronic Smoking Products in Canada - Health Canada Notice 2009-03-27
Re: Health Canada's unlawful instructions to: Canada Border Services Agency (CBSA)
Until such a time as Clinical Science &/or Conventional Science can establish (factually) & beyond a reasonable doubtthat e-cigarettes (electronic cigarettes & similar terms) & their related delivery paraphernalia are more harmful than combustible cigarettes :
We, the adult "vapers" (daily recreational users of such devices) of Canada, being shareholders/voters/taxpayers/& "Natural Persons" (biological entities) demand a Cease & Desist of Health Canada's current (& future) actions & proclamations... as such actions & proclamations may be applicable to, & infringing upon, the Charter-protected rights, Human Rights, Civil Rights, Common-Law Rights etc. of individual adult Canadian living persons who enjoy recreational "vaping". Failure to do so within 30 days following the receipt of the "Registered Mail, Hard Copy" of this notice, will very likely result in a Class-Action Lawsuit being filed in the Courts of Competent Jurisdiction(s) with regard to Health Canada's respective violations in regard to "both" The Canadian Charter of Rights & Freedoms & the Food & Drugs Act preamble (see highlighted areas of attached pdf.)
In the interests of "clarity":
We, the adult vapers residing in Canada, are "not" opposed to Health Canada exercising its regulatory mandate as such mandate may apply to current & future "commercial" activities within Canada, we are not opposed to safety "standardization" within the Industry & its OEM'S & Suppliers (as the unfolding accurate knowledge base grows & makes such an accomplishment possible), we are not opposed to reasonable tariffs, taxes & other reasonable levies upon our products & current personal imports. Our "ONLY" concerns are the present-day unlawful (& unsupported by clearly defined Statute) seizure of our individually purchased goods in various outside jurisdictions, which are intended for our purely "personal-adult-recreational-use" &/or a less harmful (as opposed to combustible) form of "pretend" smoking...& Health Canada's blatant disregard of our individual rights as defined within The Canadian Constitution (the self-proclaimed "highest Law" in Canada), as those defined rights specifically apply to our individual private & personal purchases & imports.
Your speedy compliance with the articles highlighted within the attached pdf are both expected... & appreciated.
Thank-you,
Canadian Vapers Coalition
citations:
As per:
The Canadian Charter of Right and Freedoms
Guarantee of Rights and Freedoms
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
- (a) freedom of conscience and religion;
- (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- (a) to move to and take up residence in any province; and
- (b) to pursue the gaining of a livelihood in any province.
8. Everyone has the right to be secure against unreasonable search or seizure.
15.(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
24.(1) Anyone whose rights or freedoms,as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.
As per:
The FOOD AND DRUGS ACT:
PROHIBITIONSGeneral
False or misleading information3. No person shall knowingly provide the Minister with false or misleading information in relation to a matter under this Act or the regulations, including in relation to an application for a licence, registration or authorization.
Tampering
3.1 (1) No person shall tamper with a food, therapeutic product or cosmetic or its label or package with the intent to
(a) render the food, therapeutic product or cosmetic injurious to human health; or
(b) cause a reasonable apprehension in others that the food, therapeutic product or cosmetic is injurious to human health without themself believing that it is so.
Selling or importing for sale
(2) No person shall sell or import for sale a food, therapeutic product or cosmetic that was tampered with in order to render it injurious to human health.
Threats
(3) No person shall threaten to tamper with a food, therapeutic product or cosmetic in order to render it injurious to human health.
Hoaxes
3.2 No person shall knowing information to be false or being reckless as to its truth communicate or cause to be communicated that information with the intent to cause a reasonable apprehension in others that a food, therapeutic product or cosmetic is adulterated, was manufactured, processed, prepared, preserved, packaged, stored or conveyed under unsanitary conditions or was tampered with in order to render it injurious to human health.
