Canada Customs.... well let's just see shall we?

[tgrsaint]

Copy of an email sent to my Canadian MP about 4 months ago when I first started vaping; just resent it now... third mailing will be via Registered Mail to set up an "actionable event" as they say:

Dear Ms Bergen,

... this is written in the Spirit of extraordinary gratitude, for what I've recently been introduced to, so please... do not allow my "apparent" hostility (towards over-governance) become a stumbling block in the matter... an excess of fierce self-reliance & free-spiritedness came with me at birth... I have not been able to shake it off to date, nor do I have any desire to do so; ... &, it has "served-me-well" (for the most part). My current position came about more or less serendipitously... be that as it may, I find myself able, for the first time in 43 yrs, to move about freely upon our beautiful blue planet WITHOUT the absolutely necessary requirement of the much maligned plant "tobacco" upon my person (yay !).


...it is my intention to occasionally purchase electronic cigarette paraphernalia, nicotine juices etc. from vendors inside other Global Political arenas (outside Canada). It is also my intention to shut-down any undesirable (to me) paternal interference with the fulfilment of my explorations & investigations into this experience. Please take a moment (or delegate the task) to determine for me the documentation required (Declaration label ?), to convince our Gov't employees/agents etc., that a particular shipment falls outside of their jurisdiction; as the purchasing decision & shipping arrangements have been entirely negotiated & settled under my inalienable & inherent right to do so (i.e. mature biological entity). Every single day, "some" packages/parcels enter & leave Canada "exempt" to Civil-Service/Public Employee harassment; somehow, it is made obvious to such worker-bees that the contents of these particular packages are simply "off-limits" & none of their business. This is the labeling method which I seek. I am quite content to have the contents of my packages openly declared (even examined)... I am NOT content to have them "seized" due to policies born of either, blatant ignorance, or "power-struggles" having nothing whatsoever to do with the technology itself, & the Health benefits of said technology to my individual person. One does not need a law degree, to understand that a Human Being has an inalienable right to seek, find, & employ... whatever means our World & creativity make available to us... that may improve "Wellness". "Any" governing body which attempts to prevent the people's efforts to live Healthier lives, & freely choose between whatever assisting means are available to do so, is a governing body for which there is a "very" clear Historical term; let not our beloved Canada & its leaders, ever be revealed in such a dark light. I am also quite content to employ the full extent of our law to bring suit & damage claims against any & all individual persons, agencies, employees of agencies etc. who may wish to trample all over my long list of protected rights; be they Human Rights, Constitutional (Charter) Rights, Civil Rights, Natural Rights, Common Law Rights or Inherent Rights. This matter is "important" to me (as it should be to "any" elected caretaker in a democratic system)... every now & then, even a "peaceful warrior" stumbles into a history-making purpose... through this writing, it is my hope to "avoid" any confrontational developments via the tool of a jurisdictional protocol, for those of us unencumbered by fictional lines upon the Earth... or in our minds.

... we all wear "many hats"; & for the purposes of "clarity", & since this is (frankly) a matter if life & death (mine)... this request is not made from beneath my "Citizen" hat, but rather, one of the following: biological entity, natural being/person, human being, voter/shareholder, global denizen, aboriginal terrestrial being etc. (pick one that works for the accomplishment of the task at hand, & find me a stick-on exemption-label somewhere). I have invested a few hundred hours of research into this technology, & I am comfortable with both, the facts, & the risks (however minimal) when compared to the use of conventional tobacco products. I would also (strongly) suggest to Health Canada, that if all these past years of "vigorous suggestion & decrying" (mandatorily printed) upon the exterior packaging of conventional tobacco products was/is indeed "honest" & "sincere"... that the Office put "healthful-action" ahead of rhetoric (& the extortive leverage of stakeholders).

I look forward to your speedy assistance in this matter (as I have already placed International orders).

Respectfully & with Regards to your (sometimes) difficult position,

Tristan Goertzen
Portage La Prairie, MB

 

[tygertyger]

LMAO. That was completely entertaining. And let me be perfectly clear. I am not laughing *at* you, I am laughing with sheer delight and in gleeful hope that something interesting comes of it. Best of luck.

And if she sends you any stick-on exemption labels, I hope you've got a xerox, or a form number for reorder handy for the rest of us....

It would thrill me no end if Health Canada can be this easy to foil....

 

[tgrsaint]

And if she sends you any stick-on exemption labels, I hope you've got a xerox, or a form number for reorder handy for the rest of us....

... haha.... of course. I'm pretty sure she "has to" look into the matter for us; was just now trying to find Statutory confirmation of her legal obligations to constituents.... found the Parliamentary "edict" (more or less) but not an up front "Statement of Duties" (to us) like the Manitoba Provincial Legislature has on the Provincial site.

I'm pretty sure we can create & print such a label ourselves (perfectly legal), one just has to be 100% willing (in the early days) to charge trespassers upon our privacy (& property). (chuckle)... the "Wealthy" are all about "property"...... so, over time, they've managed to Legislate some "very" powerful private-property Laws; right here might be a case where them protecting "themselves"... provides us with some genuine "clout". No matter, failing that, there is "always" prosecution under Common-Law &/or Constitutional Law for those misleadingly (or ignorantly) trying to enforce a Law that violates the Charter itself. I love to "go-Truckin" from time to time, & nearly always South/North....... Customs "Officials" (& Border Guards) are not renowned for their "intelligence" (quite the contrary, actually).

 

[tgrsaint]

Ok, I'm gonna start the "Calling All Canadian Law Professors etc. thread myself. I've penned a "Letter of Cease & Desist" below, with citations, which I'll send to Health Canada both, electronically, & by Registered mail (after I get a little bit of input from the Lawyers etc in our midst).

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 doubt that 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. .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 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 the accomplishment possible), we are not opposed to reasonable tariffs, taxes & other reasonable levies upon our products & current personal imports. .Our "ONLY" concern is the present-day unlawful (& unsupported by clearly defined Statute) seizure of our individually purchased goods in various outside jurisdictions, for 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).

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;
6.(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
. (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:

PROHIBITIONS
General
False or misleading information
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.

 

[tgrsaint]

bummer... didn't post "clean" or "highlighted"; will re-do for the new thread.

 

[froghammer]

I don't think quotation marks work the way you think they do. And there are far too many parentheses.

I'll be totally honest with you here- if you're sending letters like that to your MP you aren't going to be taken seriously. The idea is there, but you need someone to edit it.

 

[Oriana871]

The intention is great, agree with froghammer about the parantheses, however I just hope that it doesn't cause a blacklash.

 

[Projectguy]

While I applaud Tristan's "grit" I would ask of you to consider the following:

1. Right now we, the vaping community, are in control of the agenda. "What are you nuts?" is echoed in World Vape. Health Canada is all over the map. The limited number of Customs / Health Canada holds are very visible in our community because we ..... about them case in point my ZAP in Customs. As you will see in other posts I have made today Customs / Health's ability, let alone desire to shut down device importation is 1/128th hearted at best.

2. A letter writing campaign will catch the politician's attention and IMO do the most damaging thing possible - put it in the hands of the bureaucrats. They will recommend to the ministers, they have taken a secret oath to defend because politicians have no right or ability to make policy, to do a study but continue to spout the US FDA misinformation and lies.

3. We are not yet strong enough in numbers. While is see the new names daily here on the ECF we are not numerous enough to make an impact. We are educated, motivated, advocates and have an economic base but we are not sufficiently numerous.

4. We don't have an event to point to let alone have the media get interested in. This issue has all the right elements to embarrass the government and politicians on the basis of junk science and marching to the tune of the US FDA but it needs a galvanizing event.

Suggestions:

1. Find a politician who is a smoker, bring him/her over to our side. God I miss Bev Oda she would have been perfect. Work the problem from the inside; and,

2. Create an event that forces the Government to act in the full glare of the public spotlight.

NOTE: This must be well planned and executed.

OKAY who wants to go on a hunger strike or get caught at the boarder bringing in 100 ZAPs or better yet a few gallons of Nic juice?

 

[tygertyger]

OKAY who wants to go on a hunger strike or get caught at the boarder bringing in 100 ZAPs or better yet a few gallons of Nic juice?

I'll volunteer for the hunger strike! Stave off some of those Christmas calories and save money I can spend on mods lol

 

[bk78]

Ill bring the zaps and nic jooose

 

[Not Iris]

Meet you at the border bk78 and I will help with the ZAP's and the nic joose.

 

[Projectguy]

OK we've got the hunger strike and the boarder event covered who is the sitting MP that smokes..... come on Canada don't you know your MP's? Bev, why oh why did you have to screw up so badly?

 

[tgrsaint]

I don't think quotation marks work the way you think they do. And there are far too many parentheses.

I'll be totally honest with you here- if you're sending letters like that to your MP you aren't going to be taken seriously. The idea is there, but you need someone to edit it.

thanks froghammer, that's exactly what happens next. Thanks to some marvelously gentlemanly grace here on ECF, arrangements are being made at the moment for the doc. to be proof-read & corrected... for both form & content by a Law-trained individual.

 

[tgrsaint]

While I applaud Tristan's "grit" I would ask of you to consider the following:

1. Right now we, the vaping community, are in control of the agenda. "What are you nuts?" is echoed in World Vape. Health Canada is all over the map. The limited number of Customs / Health Canada holds are very visible in our community because we ..... about them case in point my ZAP in Customs. As you will see in other posts I have made today Customs / Health's ability, let alone desire to shut down device importation is 1/128th hearted at best.

2. A letter writing campaign will catch the politician's attention and IMO do the most damaging thing possible - put it in the hands of the bureaucrats. They will recommend to the ministers, they have taken a secret oath to defend because politicians have no right or ability to make policy, to do a study but continue to spout the US FDA misinformation and lies.

3. We are not yet strong enough in numbers. While is see the new names daily here on the ECF we are not numerous enough to make an impact. We are educated, motivated, advocates and have an economic base but we are not sufficiently numerous.

4. We don't have an event to point to let alone have the media get interested in. This issue has all the right elements to embarrass the government and politicians on the basis of junk science and marching to the tune of the US FDA but it needs a galvanizing event.

Suggestions:

1. Find a politician who is a smoker, bring him/her over to our side. God I miss Bev Oda she would have been perfect. Work the problem from the inside; and,

2. Create an event that forces the Government to act in the full glare of the public spotlight.

NOTE: This must be well planned and executed.

OKAY who wants to go on a hunger strike or get caught at the boarder bringing in 100 ZAPs or better yet a few gallons of Nic juice?

Well, there IS the possibility that a Class Action Lawsuit could BE exactly such an event; in the same way that the first Lawsuit against the FDA (when they were unlawfully seizing devices in the USA) drew considerable media attention... so too, such an event could attract a fair bit of media in Canada.

I'm relatively certain however, that my number does not have to be any greater than "one" in order to have Health Canada cease & desist regarding current policy with regard to the shipments belonging to individual adult living persons in Canada; it is the purpose actually, of the Charter section of the Canadian Constitution; that one person alone may discipline an branch of Government into compliance with the Constitution. The Constitution itself, proclaims that even if a duly processed Law (never mind a Regulation or a Policy) is not in compliance with the Charter... then that Law shall be "of no force or effect".

 

[tgrsaint]

(chuckle)... for the purposes of a Cease & Desist "letter" however, our numbers do not HAVE TO be large; it is only necessary that they "believe" our numbers are large; and a term such as: Canadian Vapers Coalition, Canadian Recreational Adult Vapers e-Group (haha... C.R.A.V.e), Canadian Vapers Association etc. helps put the fear of "the Mob" into'em.