The Crime of Reporting Crime

March 1st, 2015

Last week we received a new and exciting threat letter from the Canadian Standards Association (CSA).  It seems the CSA is awfully upset.  Why so? 

In early February we sent a private letter to the Government of Saskatchewan about CSA certified medical equipment in that Province.  Specifically, we pointed out that CSA is responsible for testing and certifying medical equipment in Canada and that all such equipment in hospitals, clinics, (etc.) in Saskatchewan must be CSA certified.  We noted that CSA medical equipment testing takes place in Cleveland, OH, in the same lab and by the same people who’ve been outed for falsifying and fabricating safety test results, selling blank safety certifications, selling of counterfeit certifications, and so forth. 

With our letter, we sought to warn the Province that the equipment that they’re relying on to save lives might not be as safe as they think.  It’s a public safety issue. 

We also wanted to spur some thinking on liability.  That is, not having reason to think differently, the Province seems to believe that CSA is legally responsible for its testing and certifications.  The reality however, is that Industry Minister James Moore has granted the CSA immunities from litigation.  So who’s responsible for injury or death from certified, yet defective equipment?  The Province thinks its CSA.  Moore’s made sure that its not CSA, and he denies that there’s any relationship between this Agency and his Department, so its not the Federal Government either.  So where does the liability land?

That was our question to the Province of Saskatchewan.  What the Province is lately discovering is that Minister Moore has divorced the Federal Government of any responsibility for its actions with regard to safety testing.  Whether Saskatchewan likes it or not, the Province is stuck with all the liabilities stemming from any unlawful conduct by Industry Canada’s Agency.

The CSA somehow got a copy of our letter and they weren’t pleased, to put it mildly.  Very mildly.  As in; How dare we point out CSA conduct so publicly!  Actually, it was a private letter and it wasn’t posted anywhere, but one shouldn’t let the facts impede a good argument.  We had no right to report unlawful conduct to the proper authorities!  And on this basis, that we dared to report a public safety problem, we are now threatened with a defamation lawsuit.

Lets consider the matter.  Our alleged offence is the reporting of suspected crimes to the appropriate government authority.  Well, lets make the scenario more relatable; lets say you witnessed a hit-and-run in your neighbourhood.  You called the police and gave them a description of the offending car, the driver, and lets say you had the license plate number too.  By CSA’s logic, you have defamed the driver of the car because the driver hasn’t been charged with anything yet and, lets face it, the hit-and-run that you witnessed hasn’t been proven in court either.  So your crime was reporting the hit-and-run that you’d witnessed as though it had happened.  In other words, according to the CSA, it’s the reporting of crimes that’s criminal.

Beyond the theories are the facts.  In our case, we first published our concerns about safety testing of medical equipment on September 23, 2014, about five months before we wrote to the Saskatchewan Government.  By the way, we’d have done this a lot sooner but for lack of time, RestoreCSA is a one-person shop and there’s only so much Gordon Knight to go around.  We know that CSA tests and certifies medical equipment because the Federal Government mandates that they do so, and because CSA brags about it on their websites.  We know that CSA fakes testing of safety products because we have plenty of copies of CSA’s faked test results.  We know that CSA leadership is well aware of the faked safety testing because we have copies of their own internal reviews of said faked testing.  We know that CSA sold eight years’ worth of counterfeit certifications because we’ve seen them, Canadians have been bankrupted because of them, and because real estate boards have taken to publicly warning people about the CSA’s counterfeiting activities. 

In other words, everything that we said in our letter had already been published months before, had already been demonstrated in ample documentary evidence, had already been privately admitted by CSA leadership, had actually been published by CSA itself, or had been publicly warned about by other entities for several years already.  This is the shocking, worrying, dastardly and completely new stuff that we’re accused of.

We believe that the evidence already in the public domain is quite clear that recent CSA conduct in testing and certification constitutes a very significant risk to the health and safety of the Canadian people.  We believe that the act of reporting any evidence of wrongdoing to the proper authorities is appropriate and expected in a law-abiding democratic society.  We believe that our private letter to governments outlining CSA conduct is entirely acceptable and in compliance with instructions from government and law enforcement on expectations of standard reporting of all such legally questionable activity.

But the CSA may sue us for defamation anyway.  Will keep you posted.