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Is ALARA unconstitutional (in Canada)?



Fellow Radsafers,
 
I'm interested in your opinions regarding the constitutionality of the ALARA principle in Canada, in view of the rights conferred to persons by the Canadian Constitution. (Please leave the linear non-threshold theory and or hormesis out of the discussion.) 
 
The Canadian Constitution Act, 1982. Part I, Canadian Charters of Rights and Freedoms, Section 11(g), states that:

"Any person charged with an offence has the right not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;"

In view of this, I don't see the legal basis for issuing orders to lower actual or potential doses or exposures below the prescribed limits just because (through the expenditure of more money or effort) the dose or exposure can be reduced even more. The regulations prescribe of course annual or quarterly dose limits, but ALARA is not a limit and the dividing line beween "offence" or "compliance" with the ALARA section of a regulation is not clear. Actually, I think there is none.

Luis Cabeza
RSO
Radiation Protection Service
Ontario Ministry of Labour
Tel: 416-235-5797
Fax: 416-235-5926