43453Re: Any Canadian Busted?
- Sep 3, 2008Actually the law in Canada is Very clear. If you had read the Excise
Act like you said you did, then you would have found this:
Ref: Excise Act, 2001 ( 2002, c. 22 )
Prohibition production and packaging of spirits
60. (1) No person shall, except in accordance with a spirits licence
issued to the person, produce or package spirits.
(2) Subsection (1) does not apply to
(a) the packaging of spirits from a marked special container by a
purchaser at a bottle-your-own premises; or
(b) the production of spirits for the purpose or as a consequence of
the analysis of the composition of a substance containing absolute
2002, c. 22, s. 60; 2007, c. 18, s. 89.
Prohibition possession of still
61. No person shall possess a still or other equipment suitable for
the production of spirits with the intent of producing spirits unless
(a) is a spirits licensee;
(b) has a pending application for a spirits licence; or
(c) possesses the still or equipment solely for the purpose of
producing spirits for the purpose or as a consequence of the analysis
of the composition of a substance containing absolute ethyl alcohol.
2002, c. 22, s. 61; 2007, c. 18, s. 90.
And the PUNISHMENTS:
Offences and Punishment
Unlawful production, sale, etc., of tobacco or alcohol
214. Every person who contravenes section 25, 27 or 29, subsection
32.1(1) or section 60 or 62 is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not less than $50,000
and not more than $1,000,000 or to imprisonment for a term of not
more than five years, or to both; or
(b) on summary conviction, to a fine of not less than $10,000 and not
more than $500,000 or to imprisonment for a term of not more than 18
months, or to both.
2002, c. 22, s. 214; 2008, c. 28, s. 60.
Seems pretty clear to me,
--- In Distillers@yahoogroups.com, Eric Yendall <eric_yendall@...>
>Act which is written from the standpoint of collecting taxes from
> Actually the law in Canada is NOT so clear. I have read the Excise
commercial operations, not forbidding the private production of
alcohol for personal consumption or the private possession of a
still. Of course this is only an interpretation but that is why we
have courts. I have yet to find an example of anyone being charged
and subsequently convicted for operating a personal still. Apart from
the police authorities having bigger fish to fry, they would first
have to find you; then get a warrant to search; they would have to
prove that you were producing alcohol and not distilled water; and
then they would have to win the case in court. I have searched the
internet for case law and come up empty and would be very interested
in an answer to the original poster's question.
>be adequately explained by stupidity.
> In politics and government, never attribute to conspiracy what can
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