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Dangerous fake goods crossing border
RCMP Superintendent Ken Hansen gave his boss a pack of batteries last summer as an example of Chinese counterfeit merchandise arriving at Canadian ports. They made quite an impression months later when they exploded.
The senior RCMP official thought a gun had gone off in the office. Luckily for Hansen, the batteries blew up in his superior's desk drawer.
The batteries, disguised as a Western brand, lacked a nearinvisible vent that allows pressure to escape. In 2006, when RCMP officials seized more than four tons of fake, dangerous batteries, Health Canada issued a warning: since 2000, they have received 86 complaints of overheating or leaky batteries and eight children suffered burns.
The Canada Border Services Agency has, knowingly, let container loads of counterfeit batteries into the country, along with myriad other phony goods, some of which are dangerous. They have neither the budget nor the mandate to stop the deluge of fake products. They search less than three per cent of incoming shipments.
Hansen, who is a cochair on Interpol's intellectual property crime action group, said the RCMP can investigate only 25 per cent of counterfeit shipments arriving in Toronto that are flagged by the border agency, and only then if they are major safety risks or are linked to international crime. pet food recall, has led to two committees in the House of Commons that have recently reported on the cost and risk of dangerous counterfeits.
On June 21, Health Canada ordered border agents to stop incoming Chinese toothpaste after counterfeit Colgate tubes, possibly containing a poison used in antifreeze, were found in Guelph and Halifax.
Around two thirds of counterfeits that arrive in Canada are from China.
"You used to see Tshirts, purses," Hansen said,[url=http://www.onitsukatiger.com.sg]asics shoes[/url], noting that in midJune, in Quebec, the RCMP seized a shipment of fake chainsaws from China. "Ten years ago you wouldn't have seen this."
There have been exploding circuit breakers in Ontario and Quebec hospitals, electrical cords that catch fire after 10 minutes, and fake pharmaceuticals some of which have been mixed into the supply chain of regular pharmacies, though most get sold on the Internet. Counterfeiters will often combine shipments of fakes: officials once found Louis Vuitton bags stuffed with counterfeit medicine.
It is not illegal under Canada's Customs Act to import counterfeit goods. Border officials do not actively search for them, and will only alert RCMP officials if counterfeits are found during searches for other illegal imports.
Carol Osmond, a lawyer and vicechair of the Canadian AntiCounterfeiting Network, said Canada's border agency lacks a clear legislative mandate to seize counterfeit goods. "There's a recognition even within CBSA that there needs to be change," Osmond said.
Unless Health Canada or the RCMP say counterfeits pose major risks to Canadians, border officials usually let them through.
On the percentage of fake goods coming into Canada that are actually seized, Lorne Lipkus, a lawyer whose firm is devoted to anticounterfeit enforcement, said, "I'm really comfortable saying it's less than 1 per cent."
Lipkus said Canada's anticounterfeit measures are more lax than those of many developing countries. He has represented Canada at international conventions on anticounterfeiting measures and said: "We felt like a third world country. It is very embarrassing."
Kenya, Vietnam and Serbia even China have a process Canada lacks, where corporations can register trademarks with border agencies, allowing customs agents to seize and destroy counterfeit shipments.
A parliamentary committee reported on June 20 to the House of Commons on how Canada could improve its dismal performance at the border. Among the committee's recommendations: government should make the importation and distribution of counterfeits a criminal offence; parliament should provide the CBSA with a clear mandate to target counterfeits; and that Health Canada needs more resources to investigate unsafe food and drug imports.
James Rajotte, the Conservative MP who chaired the committee, said it's not just about intellectual property rights, but about health and safety. "CBSA is doing the best job that they can, but they need to have the mandate to target counterfeits," Rajotte told the Star.
Stockwell Day, minister of public safety, told the Star by email that the government "will review the committee's recommendations very carefully and report back to Parliament in a timely manner."
Not all counterfeits arriving in Canada are from China: drugs arrive from India, vodka from Russia, and watches from Italy. Counterfeiters also bounce containers through thirdparty countries to mislead customs officials in destination countries.