Health Canada warns CKNW re: Marijuana ads

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Health Canada warns CKNW re: Marijuana ads

Postby Tape Splicer » Tue Jun 02, 2015 4:53 pm

I spotted this in the Vancouver Sun online today.....
http://www.vancouversun.com/health/Heal ... story.html

"""Health Canada warns Vancouver radio station over ads for marijuana dispensary
THE CANADIAN PRESS June 2, 2015

Health Canada is asking a Vancouver radio station to stop promoting a marijuana dispensary.
Photograph by: DARRYL DYCK , THE CANADIAN PRESS

OTTAWA - Health Canada is asking a Vancouver radio station to stop promoting a marijuana dispensary.

In a letter to CKNW, the department reminds them that advertising marijuana is illegal and also that fines could be applied.

The letter says a host on the station promoted a Vancouver marijuana dispensary during a segment last month.

Health Canada says the dispensary itself is illegal and advertising marijuana for any purposes runs contrary to the Food and Drugs Act and Narcotics Control regulations.

It says that by advertising the dispensary, CKNW is encouraging listeners to engage in illegal conduct.

No one at the station could immediately be reached for comment.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby Jim Walters » Wed Jun 03, 2015 9:17 pm

Let's just hope Health Canada along with the complaints to CBSC and the CRTC about the Jeff O'Neal fiasco in December make life real rough for the Black Tower management team.

I wonder if Corus HQ realizes how many bozos there are on the Vancouver cluster bus?

If it wasn't for the occasional Coast To Coast show, there is nothing left to listen to on NW

I found the story about the forthcoming improvements to the Petula Bridge entertaining the other night.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby Tom Jeffries » Thu Jun 04, 2015 1:51 pm

I have been hearing all kinds of rumblings that CORUS is really skating on thin ice, with the CRTC.

This was a really odd move, and screams desperation, to me.

I think that we are going to see CKNW take a big hit in next week's book.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby jon » Thu Jun 04, 2015 2:17 pm

I find myself confused about this issue, as to whether it falls primarily under the CBSC (Canadian Broadcast Standards Council) or CRTC, in terms of responsibility.

At first glance, this would appear to be similar to the issue that came up 10-15 years ago when CKNW was running shows syndicated out of the U.S. that sold ("miracle cure") substances that were legal in the U.S. but illegal in Canada. I never heard what happened, but suddenly the programs were gone.

Given how some stations (K-97 in Edmonton, and its billboards) have, at one time or another, considered a reprimand by the CBSC as a Job Well Done, I'm not sure CBSC actions will be taken very seriously.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby albertaboy4life » Thu Jun 04, 2015 2:52 pm

Calling Mr. Legault, our resident legal beagle . . . :salute:

Anyway, from a non-lawyer wouldn't this be a matter for Health Canada to pursue? It's beyond an issue of violating the Broadcasting Act or industry self-regulated Broadcast Standards.

Having been to a "vendor" of said paraphernalia one couldn't help but run into numerous posters warning customers to not raise cannibus et. al. unless one was in possession of a valid medical certificate. My visit of course was absolutely due only to curiosity. :tonguewaving:

I can't find any mention of prohibitions regarding "illegal advertising" or "advertising of illegal goods," etc. Check for yourself -
http://laws-lois.justice.gc.ca/eng/acts/B-9.01/

And didn't some story earlier about this indicate CKNW had checked with the CBSC? And that they had no opinion or didn't discourage the advertising?
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Re: Health Canada warns CKNW re: Marijuana ads

Postby jon » Thu Jun 04, 2015 3:16 pm

Interesting. I forget whether it was CRTC, Industry Canada or CBC regulations, but I was warned by Station Management, in the 1970s, not to make any announcement on-air if anyone visited or phoned the station asking that I air a request for a ride, because Hitchhiking was illegal at the time.

And, of course, during Prohibition there were many threats on both sides of The Border that stations would lose their broadcast licenses if they aired coded messages to seagoing vessels used by the "Rum Runners".
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Re: Health Canada warns CKNW re: Marijuana ads

Postby jon » Thu Jun 04, 2015 3:24 pm

Ah, I found it. It is in the Radio Regulations: "A licensee shall not broadcast anything in contravention of the law".

Take a look here: http://laws-lois.justice.gc.ca/eng/regu ... or-86-982/
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Re: Health Canada warns CKNW re: Marijuana ads

Postby Tape Splicer » Thu Jun 04, 2015 3:45 pm

Jim Walters wrote:...
I found the story about the forthcoming improvements to the Petula Bridge entertaining the other night.


That old structure that crosses the Fraser River at New Westminster noted above is spelled "Pattullo" ... The bridge was named in honour of Thomas Dufferin Pattullo, (1873–1956) former premier of B. C.....His government came to power during the depression of the 1930s.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby Jim Walters » Thu Jun 04, 2015 3:56 pm

Tape Splicer wrote:
Jim Walters wrote:...
I found the story about the forthcoming improvements to the Petula Bridge entertaining the other night.


That old structure that crosses the Fraser River at New Westminster noted above is spelled "Pattullo" ... The bridge was named in honour of Thomas Dufferin Pattullo, (1873–1956) former premier of B. C.....His government came to power during the depression of the 1930s.


I'm totally aware of what the real name is, I usually travel that bridge several times a day. I was pointing out the pronumciation one of the weekend BCIT NW newsreaders used the other night.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby radioman » Thu Jun 04, 2015 5:28 pm

I'm totally aware of what the real name is, I usually travel that bridge several times a day. I was pointing out the pronumciation one of the weekend BCIT NW newsreaders used the other night.
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The word is "pronunciation" NOT "pronumciation."
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Re: Health Canada warns CKNW re: Marijuana ads

Postby albertaboy4life » Thu Jun 04, 2015 5:41 pm

Thank you, jon.

"A licensee shall not broadcast anything in contravention of the law". That would be the "smoking" gun, if you will.

With the Administrative Law course I took as an undergrad a long and distant memory, I can't recall with any certainty but I don't think a violation of the Broadcasting Act is an offence under Canada's Criminal Code. But I'd venture to guess that a violation of the federal Food and Drugs Act and certainly the Narcotics Control regulations would be.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby radiofan » Thu Jun 04, 2015 6:25 pm

albertaboy4life wrote:
With the Administrative Law course I took as an undergrad a long and distant memory, I can't recall with any certainty but I don't think a violation of the Broadcasting Act is an offence under Canada's Criminal Code. But I'd venture to guess that a violation of the federal Food and Drugs Act and certainly the Narcotics Control regulations would be.


I've always wondered how CKNW and other Canadian stations get away with running the weekend Infomercials from places like Purity Products which are doing noting but selling Vitamins and Food Supplements that they state aren't approved or recommended by the FDA. Does the federal Food and Drug Act not cover stuff like this being offered for sale by US companies on the Canadian airwaves?

I'd always understood that the US spots on C2C were covered up in Canada because there was so many for items that would fall under the Food and Drug Act.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby jon » Thu Jun 04, 2015 6:46 pm

My point was more in line with the recent CRTC hearing with AVR and CFSI owners facing the possibility of losing their licenses. They and CKNW are all violating their broadcast license, which includes the requirements to obey all of the Radio Regulations and the Broadcast Act.

I wasn't suggesting that violating the Radio Regulations was a criminal offense.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby albertaboy4life » Thu Jun 04, 2015 8:01 pm

Didn't mean to suggest that was your point either, jon.

It was more a comment of mine to suggest that CKNW could be in a situation that extended beyond violating the Broadcasting Act and entered the realm and authority of other federal legislation.
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Re: Health Canada warns CKNW re: Marijuana ads

Postby Mike Cleaver » Thu Jun 04, 2015 11:46 pm

Anyone remember those "Tourist Alert" messages the police had radio and TV stations broadcast before cellphones and texting became common?
They were supposedly used to contact people who were not in their home territory for "emergency" messages such as death or illness or other situation.
Turns out many police departments were using them to attempt to find and arrest people wanted for various offenses and they were misleading radio and TV stations into helping them do it.
Sound like entrapment?
The RTNDA railed against it and the practice tapered off but it left a lot of distrust of police requests to broadcast such messages.
As for the discussion about advertising, the simple answer always was, if it's illegal, it's illegal to advertise it.
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