Bill C-431 (Historical)

An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act (marihuana)

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

This bill was previously introduced in the 39th Parliament, 1st Session.

Sponsor

Keith Martin  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of Oct. 16, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Contraventions Act and the Controlled Drugs and Substances Act. It changes the type of proceedings and legal regime governing the offences of possession of, possession for the purpose of trafficking and trafficking in, one gram or less of cannabis resin or thirty grams or less of cannabis (marihuana).
Under this enactment, these offences are deemed to be contraventions within the meaning of the Contraventions Act. Thus, an enforcement authority who believes on reasonable grounds that a person has committed a contravention may complete a ticket in respect of that contravention and cause it to be served on the person. A person may, within 30 days after being served with a ticket,
(a) plead guilty and pay the amount of the fine set out in the ticket;
(b) plead guilty but make representations concerning the penalty, that is, the fine and fees imposed and whether the person ought to be given time to pay them; or
(c) request a trial.
A person who has been convicted of a contravention has not been convicted of a criminal offence, and a contravention does not constitute an offence for the purposes of the Criminal Records Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Contraventions ActRoutine Proceedings

April 20th, 2007 / 12:05 p.m.
See context

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

moved for leave to introduce Bill C-431, An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act (marihuana).

Mr. Speaker, it is with great honour and partial disappointment that I introduce this bill today. The bill calls for the decriminalization of the simple possession of marijuana. I say disappointed because this should have happened before.

The purpose of the bill is to allow casual users to possess small amounts of marijuana. Marijuana possession would still be illegal, but the person would be fined similar to receiving a traffic ticket, instead of having to go through courts if they are caught through simple possession.

I hope the money saved from this could then be used for prevention, treatment and education for children, so they will not take up marijuana and other illegal drugs and resources for rehabilitation. This will also severe the tie between the casual user and the organized crime gangs that are responsible for grow operations, which are the primary vector of funding for organized crime.

I hope this private member's will also allow us to open up a rational debate on drug policy in Canada, a debate that our police, the public, health care workers and all Canadians need for the sake of our children and all Canadians and for the sake of our safety, security and health.

(Motions deemed adopted, bill read the first time and printed)