Letter V1.0.3

« your city », « date of signature »

To Mr. Richard Bragdon, Member of Parliament for Tobique-Mactaquac House of Commons Ottawa, Ontario, K1A 0A6

Dear Mr. Bragdon,

We, the voters of the Tobique-Mactaquac constituency, are writing to you in your capacity as a Member of Parliament to raise awareness about an issue that is dear to us and to seek your support on matters that deeply concern us. We are a collective of voters worried about recent developments in the evolution of the Canadian regulatory framework regarding health. Specifically, we observe a trend of the federal government delegating part of its regulatory powers to organizations where we, as Canadian citizens, are not democratically represented.

More specifically, we are concerned about the legal implications of documents scheduled for ratification next May, which will thus become law in our country:

  • Amendments to the International Health Regulations (2005) (IHR)
  • Adoption of the Global Agreement on Pandemic Prevention, Preparedness, and Response

We are particularly concerned about certain proposed amendments to the IHR and the delegation of powers to the World Health Organization (WHO) in the event of a global or national pandemic. The modifications that concern us most include:

  1. The delegation of health measure authority to non-Canadian institutions, which, moreover, are not accountable to Canadian citizens.

  2. The removal of the terms “non-binding” from Article 1 of the IHR, making the recommendations of the WHO’s Working Group on Amendments to the International Health Regulations (2005) potentially binding in Canada.

  3. The modification of Article 3, paragraph 1 of the IHR, introduces ambiguity regarding the definition and application of the concept of “equity” in the context of health and removes all mentions of our fundamental rights.

  4. The loss of Canadian sovereignty in choosing technologies to be used in times of health emergency and pandemic.

  5. The loss of Canadian sovereignty regarding the production and dissemination of information related to health emergency issues.

Our arguments are as follows:

Regarding the delegation of regulatory authority to the WHO: We fear that this may limit Canada’s ability to manage future health crises flexibly and in a manner adapted to our national context.

Regarding the removal of the term “non-binding”: We are concerned that WHO recommendations could become binding without being debated by the competent authorities in Canada, which would undermine the democratic legitimacy of potential health measures.

Regarding the modification of Article 3, paragraph 1: We believe that the definition of ‘equity’ must be explicit and that it should be considered complementary to the notion of universal access to quality healthcare. This complementarity is crucial for ensuring respect for dignity, human rights, and fundamental freedoms of all. It is imperative that the section referring to ‘dignity, human rights, and fundamental freedoms’ be preserved in the text.

Regarding the choice of technologies: We believe it is essential to preserve Canada’s sovereignty in choosing health technologies to prioritize during a pandemic, to ensure that the solutions adopted are the most suitable, safe, and effective for the Canadian population.

Regarding control of information: We believe it is crucial for Canada to maintain its health information capabilities, thus maintaining a diverse flow of information that can better inform decision-making on treatments and health interventions to be established in Canada.

Legal Analysis Request:

Given these concerns, we request your intervention to have detailed impact analyses conducted by competent authorities on the legality of treaties, agreements, and international instruments within the Canadian government, including the Department of Justice, Global Affairs Canada, and Health Canada. We wish to understand their stance on the proposed amendments and the adoption of the Global Agreement on Pandemic Prevention, Preparedness, and Response. If no objections are raised, we want to know the reasoning behind their approval. We also seek your support to ensure that the impact analyses produced by WHO bodies are transparent and made public by the Canadian government.

Conclusion:

The ratification by Canada of these documents, scheduled for the 77th World Health Assembly on May 22, 2024, raises significant concerns for us and could have considerable and lasting impacts on the rights and freedoms of Canadian citizens. We are confident that you will take our concerns seriously and act diligently to ensure that any legislative changes respect the principles of national sovereignty, transparency, and democracy that are dear to Canadians.

We thank you for paying attention to this important issue and look forward to your response.

Sincerely,


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Engaged for the Tobique-Mactaquac Region


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