pcu0803001_Common Ground_runs_April.pdf
3/12/2008
8:57:15 AM
Truehope’s landmark victory for natural health
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OCTOBER 2009
by Shawn Buckley
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n the late 1990s, Anthony Stephan and David Hardy, the gentlemen who later formed Truehope Nutritional Support Ltd. (Truehope), began successfully treating persons suffering from bi-polar disorder with a wide spectrum of vitamins and minerals. The success of their protocol attracted the interest of researchers at the University of Calgary, which subsequently ran two case series on bi-polar patients. These studies showed that eight out of 10 study participants experienced dramatic improvements. In addition to being published in peer-reviewed journals, the results of these studies impressed the Alberta government, which decided to use taxpayers’ money to fund a large trial. Halfway through the clinical trial, however, Health Canada took steps to shut it down, stating that the mineral germanium posed too much of a risk. Health Canada now admits that it was incorrect about the risk factor of germanium. Health Canada then turned its sights on Truehope and demanded that it stop selling its nutritional supplement EMPowerplus, even while thousands of Canadians with significant mental illness were being effectively treated with the supplement. Truehope refused to comply with Health Canada’s demands and clearly communicated to Health Canada that if it were to stop selling EMPowerplus, it would result in deaths and hospitalizations. Health Canada subsequently took a number of actions to enforce Truehope to remove EMPowerplus from the market, which included the seizure of EMPowerplus at the Canadian border and instructing Canada Customs to turn away other shipments as they arrived. These enforcement actions created a literal panic for people who depended upon EMPowerplus and they reacted by doing everything they could. They wrote letters, protested, held news conferences, advertised their concerns and made repeated phone calls. Health Canada implemented counsellors to take note of the numerous calls from people who made it clear that their
lives depended on EMPowerplus. The most troubling communications came from the Alberta Branch of the Canadian Mental Health Association. CMHA director Ron LaJeunesse publically warned Health Canada that its actions would lead to suicides and then later publically blamed Health Canada for the deaths of CMHA members. Despite all the warnings to Health Canada that it was putting Canadians at risk, Health Canada did not relent. It pressed on, eventually charging Truehope in an effort to force the company to stop selling its supplement. However, Truehope was acquitted of these charges because the Court found that if the company had stopped selling EMPowerplus, deaths and hospitalizations would have occurred as a result. The Court further found it was necessary for Truehope to ignore Health Canada. Ironically, EMPowerplus is now licensed for sale in Canada. At the time that Health Canada seized EMPowerplus, Truehope initiated a Federal Court action to have Health Canada’s seizure powers declared unconstitutional. Truehope’s basic premise is that the state cannot take away health products that Canadians rely upon, without taking into consideration the risk of removing the products and without giving Canadians the opportunity to be heard on the issue. This may seem like common sense, but Health Canada is vigorously trying to protect its seizure powers. This, in itself, is very instructive. When Health Canada ignored the pleas of Canadians for access to EMPowerplus, it declared that the product – like most natural health products (NHPs) at the time – did not have a licence. It did not matter to Health Canada that people’s lives depended upon the product. Indeed, at the trial, Health Canada inspectors told the Court that things like news of suicides were not relevant. All that mattered to Health Canada was that the product was not in full compliance with the regulations at the time. Unfortunately, this is not an isolated example. I am not aware of any instance where Health Canada ever
