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Keywords raising awareness, teaching, training, publicizing, universality, indivisibility, interdependence, equality, human dignity, respect, nondiscrimination, information, knowledge, human rights law, protected civil liberties, justice, race, gender, sexuality, disability, international law, political rights, identity rights |


Hello; I have a legal international question I am hoping that you can research and provide some insight on. If not perhaps you know a anti-smoking tobacco lawyer, articling student or a emeritus that could offer some encouraging advice for me. I am looking for a possible means to launch a class action lawsuit against the Canadian Federal and Provincial governments. Why has the Canadian Conservative Federal government failed to put in place an Implementation Act to enact within Canada the WHO-FCTC Treaty for all Canadians affected.
The Indian government announced plans to halve tobacco cultivation in 10 years (Feb 19, 2008: http://economictimes.indiatimes.com/Economy/Tobacco_to_be_cropped_50_in_ten_years/articleshow/2783468.cms). The Indian Tobacco Board is doing the groundwork for reduction of tobacco cultivation while a detailed package is being worked out to provide compensation to farmers in line with steps taken by the USA, EU and Australia. Why is the Canadian Conservative Government two-faced with its own citizens when it comes to tobacco farmers under attack from its own globally patented tobacco control policies. Are a Canadian tobacco farmers civil rights less valuable because Canada Government developed the tobacco control dehumanization process also.
The question I would like to get answered is on the World Health Organization Framework Convention on Tobacco Control Text (WHO-FCTC) ( www.fctc.org/docs/treaty/fctc_en.pdf ). Part V1: Questions Related To Liability, Article 19:1. This states in part "including compensation where appropriate" would this include redress to the tobacco farming community and by whom? Under 19:2.b would "pertinent jurisprudence" include the civil rights of the tobacco farming community for redress for the affect of high draconian tobacco taxation spawning a tremendously profitable illicit trade which is against Part 1V: Article 15 (3). This also undermines Article 16: Sales to and by minors. Why has the government(s) created a new bankable profit source for the tobacco manufactures. Should the governments not be liable for their actions and inactions for manufacturing the access of a whole new generation of children smoking. A new generation of smokers now have access to historically very low priced cigarettes. Sold for/at their convenience everywhere cannot be to overstated, even delivered to your front door. This is not factored into the Canadian governments youth smoking rate drop statistics data released in the press. An estimated 30 million pounds of raw tobacco can not possibly be supplied out the back door by Canadian tobacco farmers, but by the manufacturers. Also why would an attorney not hold the government(s) responsible when someone gets injured or killed during the thief of tobacco products, are they not culpable by the high tobacco taxes they cherish.
Article 19:3. "afford one another assistance in legal proceedings relating to civil and criminal liability". Does this mean that a civilian can ask the WHO-FCTC to help out with legal advice and financial assistance with class action litigation.
I have rambled on and made more that one statement and asked more than one question that I need answers for. Again I am hopeful you can help me in some capacity for the time being.
Kind Regards,
John E. Cowan,
1202 HWY. 24 E, R. R. # 1 Vittoria,
Ontario, Canada N0E 1W0
Ph: 519-426-4803
fax: 519-426-4174
jjcowan@kwic.com
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FYI: www.tobaccofarmersincrisis.org
Outdated proposal by PSC not being supported by health groups to make it effective to put in place an Implementation Act to enact within Canada the WHO-FCTC Treaty for all Canadians affected.
http://www.smoke-free.ca/pdf_1/April%206%202005%20proposal%20for%20managing%20tobacco%20supply%20reduction%20in%20Ontario.pdf