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43453Re: Any Canadian Busted?

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  • bbornais
    Sep 3, 2008
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      Actually 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.

      Exception

      (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
      ethyl alcohol.

      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
      the person

      (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:

      PART 6
      ENFORCEMENT
      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,

      Bryan.


      --- In Distillers@yahoogroups.com, Eric Yendall <eric_yendall@...>
      wrote:
      >
      > Actually the law in Canada is NOT so clear. I have read the Excise
      Act which is written from the standpoint of collecting taxes from
      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.
      >
      > In politics and government, never attribute to conspiracy what can
      be adequately explained by stupidity.
      >
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