The real change brought about by Bill C-6 is not that it protects consumers, as the current law already grants the State significant powers to protect safety. Rather the real change is the abolition of procedural safeguards citizens currently enjoy . Bill C-6 abolishes the law of trespass thus allowing the State access onto private property without any legal recourse. Bill C-6 for the first time in Canadian history allows warrants to be issued to search private homes without evidence of criminal wrong doing. Bill C-6 allows the State to seize property without a Court order, without reporting the seizure to a Court, and for an indefinite period. Bill C-6 allows the State to assume control over the movement of private property without a Court order and without a safety concern. The search and seizure powers in Bill C-6 are probably unconstitutional for violating the right found in section 8 of the Canadian Charter of Rights and Freedoms to be free from unreasonable search and seizure. Persons can be fined and have property forfeited to the State for administrative violations. Persons so charged have no right to have a Court determine their guilt or innocence. Guilt is determined by the Minister. There is no defence of due diligence or of honest but mistaken belief. There does not have to be a safety risk to be charged with an administrative offence. The Minister who determines your guilt or innocence can keep seized property if he/she finds you guilty. All businesses manufacturing, selling or distributing consumer products are saddled with additional red tape and expense regardless of whether or not there is a safety concern. Retailers and distributors of consumer products become liable for product labelling and instructions. Some consumer products such as sporting goods may have to be removed from the market for violating the safety provisions of the Bill. The Provinces are allowing the Federal Government to regulate in the Provincial area of property and civil rights. The federal cabinet can incorporate documents from foreign governments or organizations as law by referring to them in regulations. This will remove Parliamentary scrutiny on issues that could fundamentally change the ground rules for the consumer product industry. If foods and Natural Health Products were added to the ambit of the Bill by amending Schedule 1, this would allow for the implementation of foreign standards such as CODEX by passing a regulation.
Posted on: Fri, 28 Jun 2013 19:58:13 +0000
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