Proof Of Legality

[LVC]

Does anyone know of anything official that could be printed and shown if police, or others, decide in their own judgment it's not legal? My friend got hassled the other day while walking down the street, and the police only let her leave to catch the bus she was running for when she said there was no nicotine in it. (This seemed to be the problem they had with it)
It would be nice to have something to show in defence, if needed. All I've found is notices talking about illegality of selling or importing nicotine based fluids, and H.C. asking Canadians not to use e-cigarettes.

 

[.gregory]

Got to love cops who don't know the laws.

 

[SharonCC]

Good grief! Using nicotine is not illegal...

 

[LVC]

I'm really at a loss to understand it myself. Lol.

 

[cactusgirl]

I guess you could always challenge the cop to the cite the law that is being broken so that you could look it up. Currently, there is no Canadian law in place that prohibits the use of nicotine in its various forms.

 

[Vapoor eyes er]

Yes seems it's against the law to import, sell or market Ecigs but nothing about using them. The only people that I know of being hassled by the RCMP, from a legal standpoint, are the suppliers.

 

[Kams Cats]

I would be putting a complaint in on the police officer.

 

[kanadiankat]

Yes seems it's against the law to import, sell or market Ecigs but nothing about using them. The only people that I know of being hassled by the RCMP, from a legal standpoint, are the suppliers.

There is no law, nor pending legislation against ecigs. Not for suppliers - not for people who use them.

Health Canada is simply not giving their consent to the product. They also haven't given their consent to energy drinks.

 

[Vapoor eyes er]

There is no law, nor pending legislation against ecigs. Not for suppliers - not for people who use them.

Health Canada is simply not giving their consent to the product. They also haven't given their consent to energy drinks.

You're absolutely right. HC has an advisory against using Ecigs but I know they have, in the past, enlisted the assistance of the RCMP. Are they crossing a line perhaps?

 

[zer0ith]

If you were able to get something to show a cop/anyone that it was not illegal, then I think more people here (and all over Canada) would have it already.

Its a nice dream though.

 

[EastSideToker]

kinda why i dont want a box bod .. cops might find my stash if my e-cig looks suspect lol

 

[Motivaper]

There is no law, nor pending legislation against ecigs. Not for suppliers - not for people who use them.

Health Canada is simply not giving their consent to the product. They also haven't given their consent to energy drinks.

While there is no law against using ecigs, or nicotine, it's the confusion being caused by the lack of understanding or knowledge, or by the mistruths that get spread. The "confusion" causes credit card companies to not accept payment, it causes customs to return or delay packages, it causes potential new users to question the product, and question availability, all of which, in turn, keeps the industry "underground" and can potentially cause smokers to stick with their simple and easy to get cigarettes.

How do you change the (incorrect) mindset of a nation.....one smoker at a time I guess - until HC wakes up before more smokers have to die!

 

[Vanyr]

It was kind of amusing as the one officer seemed more upset that I was actually smoking an E-Cig as opposed to an analogue. Maybe he was trying to find someone who would give/sell him one. His partner was more upset that he was wasting time harassing someone who clearly didn't do anything wrong. Lol.
It would be excellent to have something that showed info about vaping. It does waste a bunch of time having to explain over and over what the E-Cig is. Tempted to put together a pamphlet that is easily printed to be handed out.

 

[kanadiankat]

You're absolutely right. HC has an advisory against using Ecigs but I know they have, in the past, enlisted the assistance of the RCMP. Are they crossing a line perhaps?

If HC enlists the RCMP - it's the RCMP who are crossing the line.

There is no way and no method to prove to an officer that vaping isn't illegal. Same way as there is no way to prove that having stinky feet isn't illegal. ...save carrying around the entire Canadian law code and reading it out loud to anyone who poses the question.

Law officers know that it's their job to uphold the law and their job to know the law. When an arrest is made or a ticket issued - the paper work has to cite the law that a person is accused of breaking. If no such law exists - an officer whose had a bad day can question you for anything - but that's all they can do.

 

[nuclearbroccoli]

Do what I do. Carry some business cards from CASAA. Nice to have something in print to show people.

 

[kalvinf]

We should just do an "Occupy Health Canada" until they see real people taking their own initiative to save their lives and improve their health.

 

[nuclearbroccoli]

We should just do an "Occupy Health Canada" until they see real people taking their own initiative to save their lives and improve their health.

I don't think there's enough of us yet.

What we really need is an organization like a Canadian branch of CASAA.
Sadly, I don't have the time to start and lead it myself, or I would.
Now, if someone were willing to start one, I would definitely help where I could.....

In the meantime, I think we all need to not worry about the "legality" and just make a point of vaping in public, respectfully of course. Playgrounds, schools, daycares etc should be considered off limits as kids won't know the difference between smoking and vaping.
Beyond that, using our PV's in public is really the only way to spread the word and gain acceptance.

Related story: I was at a mall in Calgary yesterday, and was vaping as I was walking down the main hall. I got a couple of funny looks from people, but since I tend to play with my 510 like I do a pen (spinning in fingers, etc), I think most figured out that I wasn't smoking. One guy did ask me about it (a smoker), and I gave him a CASAA card. A couple of minutes later, a exhaled a nice cloud of vapor while walking towards a security guard coming the other way, just to see what he'd say. Suprisingly, he said absolutely nothing and wasn't even fazed by it. I was kind of disappointed to tell the truth....
To be fair though, there is a Sheffield & Sons in that mall, and they sell nic free ecigs, so the guard might be familiar with the product. Ruined my fun though....

 

[mopar]

We will start a fight for vapers rights in this country. It has gone to far the letters being sent out last week, to the 3 vendors and the threat of the RCMP following up, is purely draconian and wrong. I refuse to sit by any longer.

 

[Can_supplier]

Do what I do. Carry some business cards from CASAA. Nice to have something in print to show people.

Simply turn the question around on them, and ask them what they are charging you with.

Remember you are innocent until proven guilty, not the other way around.

When they do not have an answer, and they won't, wish them a nice day and walk away.

 

[Jorad]

There is but one phrase you need to know. "Am I being detained or am I free to go?"... it's a double edged question, if you are not being detained then you are free to leave... If they say they want to just ask you some questions tell them you don't talk to police without your lawyer present.