your committee or its predecessor was required to scrutinize all existing federal legislation and regulations made pursuant to federal legislation to ensure compliance as specified.
May 18, 2009
By fax only to: 613 947-2104
April 1st, 2005 Pages:
28
Joint Senate and House of Commons
Subcommittee on Agenda and
Procedure [SREG] Our
file: BIE Health & Global Health Products
Room 1053,
40 Elgin Street
Senate
Ottawa,
ON
K1A 0A4
Canada
Dear
Mr. Michaud,
Re: Pending legal actions
BIE
Health Products Inc.
v. Her Majesty the Queen in the
Right of
Canada (Health
Canada and the
Canadian Border Security Agency)
In reference to our recent telephone discussion, the
following is the first of a series of queries that our firm requires assistance
with. Thank you very much for the verbal information provided in our
discussion. Our client's FDA approved food supplement's Canadian advertising
has been stopped in
Canada
with federal regulators citing the authority as identified herein. The federal
regulators have actively contacted our client's suppliers, clients, and
destroyed our client's business in a systemic, premeditated manner!
Attached is Exhibit A which we believe indicates that after
passage of the Canadian Bill of Rights
S.C. 1960, c. 44 - An Act for the Recognition and Protect of Human Rights and
Fundamental Freedoms assented to 10th August 1960 your committee
or its predecessor was required to scrutinize all existing federal legislation
and regulations made pursuant to federal legislation to ensure compliance as
specified.
Our clients in this matter are disputing enforceable federal
authority under Section 3.1, 3.2 and Schedule A of the Food and Drugs Act [more properly referred to as the Adulteration and
Fraud Act].
These referenced sections were created by an amendment in
1934 to the 1884 Adulteration of Food and
Drugs
Act
S.C.
c. 34 assented to 19th April 1884, which according to our
research is the original consolidation of federal legislation in these matters
[see Exhibit B].
Our legal team last year for another client successfully
challenged 60 criminal charges against three different legal entities claiming
to have authority under these same referenced sections of the Adulteration of Food and Drugs
Act
S.C.
c. 34 as amended to date. Prior to these 60 criminal charges being laid in
January 2003, our firm, on behalf of several clients had provided in a mid 2002
meeting detailed case law and legislative references to Heather Watson on
behalf of the then Minister of Health, representatives from the Deputy Minister
of Health' office, the Department of Justice, and Dr. Phillip Waddington,
Director-General of the new Natural Health Products Directorate, as well as
several others. Our firm has been trying for several years to stop federal regulators
destroying small Canadian businesses.
One of our clients – the Strauss Herb Company in disclosures
recently received the confidential memo marked Exhibit C. Examination of this
internal Ministerial briefing document clearly supports our contention that
Sections 3.1, 3.2 and Schedule A violates our client's rights of freedom of
speech and cannot be saved based upon a grave national Peace, Order and Good
Government argument that would justify criminal charges. It also refers to a
detailed legal opinion that your committee could access.
Has your committee from the 1960 passage of the Canadian Bill of Rights S.C. 1960, c. 44, An
Act for the Recognition and Protect of Human Rights and Fundamental Freedoms thoroughly
reviewed this specific federal censorship issue in the existing Adulteration of Food and Drugs Act S.C. c.
34 assented to 19th April, 1884 and as amended to date and the related regulations, policies,
and enforcement activities?
If no, please request an immediate review and witness
days for our client and others, if yes, please forward copies of all associated
documentation.
Other than a lawsuit, your committee is our last hope, as
for years our clients, including consumers, natural health businesses, and
consumer organizations cannot obtain any assistance or even response to our
documented written complaints from either the federal departments, Ministers
involved, nor Prime Minister to stop Public Servants depriving our clients of
their most basic rights as laid out in the Canadian
Bill of Rights S.C., 1960 c.44 section 1(a) "the right of the individual to
life, liberty, security of the person and enjoyment of property, and the right
not to be deprived thereof except by due process." [Exhibit A], likewise,
section 7 of the Canadian Charter of Rights and Freedoms which states that "Everyone has the right to life, liberty and
security of the person and the right not to be deprived thereof except in
accordance with the principles of fundamental justice", and as protected by the primacy clause
of the Constitution Act 1982, section 52,
making it the "supreme law of Canada, and
any law that is inconsistent with the provisions of the Constitution is, to the
extent of the inconsistency, of no force or effect".
There is an urgency to this, as daily enforcement by junior
level Health Canada regulatory officials is still occurring to hundreds of
businesses nationally, and deaths are being caused because the truth about the
effective options that nutrient-rich, food-based medicines provide in the prevention
and treatment of most modern day chronic diseases is being repressed by federal
government censorship activities claiming enforceable criminal power federal
authority under these referenced legislative sections and the related
regulations and enforcement activities. These federal regulatory agencies
include Health
Canada,
Canadian Food Inspection Agency, C.R.T.C., Advertising Bureau and others.
Your immediate written acknowledgement of receipt of this
plea for assistance and confirmation of the next step is respectively
requested.
Yours
truly,
Trueman
Tuck
Legal & Political Rights Advocate
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