A BC woman has failed in her attempt to sue the federal and provincial governments for allowing mercury amalgam dental fillings to be used in Canada. Zsuzsanna Holland alleges that mercury from her 17 fillings (installed in 1982) has poisoned her and her children, ruining their lives. Mercury is a serious poison, and dental amalgam is the largest source of mercury exposure for most Canadians.
The case was tossed out on a preliminary motion, in Holland v. HMTQ, 2008 BCSC 965. Governments don’t owe individuals a duty to regulate hazardous substances, although they must properly implement existing laws. Judge Meiklam referred those concerned about dental amalgam to Dental Amalgam.
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Hi! Zsuzsanna Holland here. Thank-you for your article. Just a minor correction; I had 17 amalgams that were 23 years old.
I appreciate your statement inwhich you write,”Govn’t…must properly implement existing laws.” That is the very reason for the appeal taken. The ENVIRONMENTAL MANAGEMENT ACT 126(a)(b) in British Columbia disallows anyone to intentionally cause damage to the environment or “shows wanton or reckless disregard for the lives or safety of other persons by causing a risk of death or harm to other persons” with fines of up to $3000000 or 3 years imprisonment for violaters.
It is interesting to note that when a dentists removes dental amalgam from a patient’s mouth it is put directly into a hazardous waste container before entering a landfill. Thus, dental amalgam which is deemed unsafe for a landfill is deemed acceptable to be placed in a human being!
On appeal, at issue shall be the failure of Judge Meiklem to consider the BUSINESS PRACTICES AND CONSUMER PROTECTION ACT which provides the right to sue the government which he said does not exist; in other words, Mr. Justice Meiklem ruled in error of law.
Thanks, Zsuzsanna, I’ve made the correction.
Best wishes
Dianne