for a total ban on the sale of cigarettes:
May 15, 2000
The Honourable Allan Rock
Re: Your breach of trust causing death of people of Canada
Dear Mr. Allan Rock:
I am writing to warn you that I may proceed with laying an information regarding your breach of trust as a public officer. The information that I have to lay is presented in this letter.
It is my position that you, as Minister of Health, by your actions regarding not prohibiting the sale of certain tobacco products, namely cigarettes, that you have breached your trust as a public officer as contrary to s. 122 of the Criminal Code--which states:
s. 122. Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.
As Minister of Heath you are directed by the Department of Health Act, from which I quote:
s. 1(2) The Minister holds office during pleasure and has the management and direction of the Department.
s. 4(1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction relating to the promotion and preservation of the health of the people of Canada not by law assigned to any other department, board or agency of the Government of Canada.
s. 4(2) Without restricting the generality of subsection (1), the Minister's powers, duties and functions relating to health include the following matters:
s. 4(2)(a) the administration of such Acts of Parliament and of orders or regulations of the Government of Canada as are not by law assigned to any other department of the Government of Canada or any minister of that Government relating in any way to the health of the people of Canada;
s. 4(2)(a.1) the promotion and preservation of the physical, mental and social well-being of the people of Canada;
s. 4(2)(b) the protection of the people of Canada against risks to health and the spreading of diseases.
As well, you should appreciate that you have known since before July, 1997 that the use of certain tobacco products cause fatal diseases. The Tobacco Act which falls within the jurisdiction of your department in fact states in s. 4(a), that there is "conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases." In light of this fact, I take the position that your continuing to allow the sale of said tobacco products on the open market offends said particulars of the Department of Health Act and indicates you as a co-conspirator along with the Minister of Finance, The Honourable Paul Martin, who is responsible for establishing federal excise taxes on cigarettes. By enabling the Government of Canada to profit from the sale of said tobacco products you and Mr. Martin have; a) disgraced Her Majesty by placing Her Majesty in a position of conflict of interest with said particulars of the Department of Health Act; and b) are aiding and abetting for mutual benefit, at the highest level, with suspected criminals within the tobacco industry.
As well, you should appreciate that the Department of Health Act must supercede the jurisdiction of the Tobacco Act as alluded to in s. 4(1) of the Department of Health Act quoted above, and that in many instances the courts have found failure to act in certain circumstances amounts criminal negligence causing bodily harm.
I will require the following:
Further, I request written assurances that you have complied with the above requests. If you comply with the letter and spirit of these requests, I am prepared to withhold from laying an information regarding these matters.
If you or your lawyer would like to discuss this matter, please donít hesitate to call. I look forward to an early resolution of this matter.
David Robert Bedford
The Honourable Paul Martin, P.C., M.P.
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