Cannabis Act

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment enacts the Cannabis Act to provide legal access to cannabis and to control and regulate its production, distribution and sale.
The objectives of the Act are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. The Act is also intended to reduce the burden on the criminal justice system in relation to cannabis.
The Act
(a) establishes criminal prohibitions such as the unlawful sale or distribution of cannabis, including its sale or distribution to young persons, and the unlawful possession, production, importation and exportation of cannabis;
(b) enables the Minister to authorize the possession, production, distribution, sale, importation and exportation of cannabis, as well as to suspend, amend or revoke those authorizations when warranted;
(c) authorizes persons to possess, sell or distribute cannabis if they are authorized to sell cannabis under a provincial Act that contains certain legislative measures;
(d) prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons or encourage its consumption, while allowing consumers to have access to information with which they can make informed decisions about the consumption of cannabis;
(e) provides for inspection powers, the authority to impose administrative monetary penalties and the ability to commence proceedings for certain offences by means of a ticket;
(f) includes mechanisms to deal with seized cannabis and other property;
(g) authorizes the Minister to make orders in relation to matters such as product recalls, the provision of information, the conduct of tests or studies, and the taking of measures to prevent non-compliance with the Act;
(h) permits the establishment of a cannabis tracking system for the purposes of the enforcement and administration of the Act;
(i) authorizes the Minister to fix, by order, fees related to the administration of the Act; and
(j) authorizes the Governor in Council to make regulations respecting such matters as quality, testing, composition, packaging and labelling of cannabis, security clearances and the collection and disclosure of information in respect of cannabis as well as to make regulations exempting certain persons or classes of cannabis from the application of the Act.
This enactment also amends the Controlled Drugs and Substances Act to, among other things, increase the maximum penalties for certain offences and to authorize the Minister to engage persons having technical or specialized knowledge to provide advice. It repeals item 1 of Schedule II and makes consequential amendments to that Act as the result of that repeal.
In addition, it repeals Part XII.‍1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act.
It amends the Non-smokers’ Health Act to prohibit the smoking and vaping of cannabis in federally regulated places and conveyances.
Finally, it makes consequential amendments to other Acts.

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.

Votes

June 18, 2018 Passed Motion respecting Senate amendments to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Passed 3rd reading and adoption of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (recommittal to a committee)
Nov. 21, 2017 Passed Concurrence at report stage of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Passed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Failed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (reasoned amendment)
June 6, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

Cannabis ActGovernment Orders

June 6th, 2017 / 11:40 p.m.
See context

Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, I would like to thank my friends on this side of the House, although I did not hear any applause on the other side of the House. I know I am standing in the way of the House leader introducing another closure motion, so I am going to use my time judiciously.

As I said last night, the record of incompetence of the government is truly astounding. Only 19 bills have reached royal assent, yet it has now used closure 25 times. The Liberals have limited debate more than they have passed legislation in this House. This is setting records in our parliamentary democracy.

What I said is that this is actually a good thing, because if we look at the government's economic performance in taking Canada from a $1-billion surplus to an almost $30-billion structural deficit, we see that even though it raised taxes on people, on job creators, on small businesses, on payroll, on carbon tax, on excise tax, on the sharing economy, on beer, and on wine, it still cannot balance the budget.

Perhaps I should take it as a blessing that the Liberals have only been able to get 19 pieces of legislation through this House. Our country could potentially be in ruins if they were a little more ambitious in Parliament.

I am going to speak tonight, late at night, on the tyranny of the progressives. That is what we see with the government. It has an attitude that it knows what is best for us. If we dare criticize what it is doing, we are not supporting Canada's future, or if it does disagree with our position, it simply says we do not understand. It is a put-down to debate in this House.

I have listened to the standard speeches talking about organized crime and providing ridiculous arguments. We have tobacco, and organized crime is still involved in contraband tobacco, so I am shocked that the member for Scarborough Southwest and other members in the Liberal caucus would suggest that once this bill has passed, suddenly organized crime will not have any role in the sale of cannabis. These arguments are actually detracting from a serious debate on this issue.

Last night I spoke a little about my friend the parliamentary secretary to the government House leader, the member for Winnipeg North. He has given us a treasure trove of quotes, because he used to stand in this place with outrage any time there was an omnibus bill or closure was used. Now he is the quarterback for the government House leader. That gives me a treasure trove of hubris, as I called it last night.

This bill is the biggest example of how the government seems to have forgotten one of its old siren calls, “evidence-based decision-making”. Do members remember, in the last Parliament, how they rallied around that as the third party?

Let me remind my friend from Winnipeg North what he said in 2012:

Good government policy is made when you have evidence-based policy decisions.

What did the Treasury Board secretary, who was then in opposition, say? He even turned a witty phrase on it. On a public health issue, he said:

There was a time when governments were guided by evidence-based decision-making; this government seems to be guided by decision-based evidence-making.

That is what I just sat through in this rushed debate on marijuana. The government is failing with this legislation on a public health front, on a public safety front, and on the mobility of our citizens with Bill C-23, which I think is the example of the biggest act of incompetence of the government that I have seen in my time in office.

The Liberals have negotiated a bill on preclearance at customs. They are giving immigration and customs enforcement officials from the United States the ability to search Canadians on Canadian soil, yet our government, the Liberal government, could not even get one simple preclearance question taken out of the U.S. repertoire: “Have you ever used marijuana?” If a Canadian says yes, they can be banned from travelling to the United States.

When the government had its state dinner, when the Prime Minister was so busy bringing his family and the public safety minister was so gosh-darned excited to get a tour of the Oval Office, the Liberals negotiated the most one-sided preclearance customs deal in the history of this country.

The Liberals are legalizing marijuana, yet they can not even ask the U.S. to remove that one question from pre-clearing. They are allowing the U.S. to come on our soil and search and interrogate our citizens. If that is not the biggest example of failure of the interests of Canadians in an international treaty, I do not know what is.

I will also speak about the other two fronts, public health and public safety. Perhaps the best quote is the editorial by the Canadian Medical Association, which condemns the bill. Its editorial, which was released a few weeks ago, said:

The purported purpose of the act is to protect public health and safety, yet some of the act’s provisions appear starkly at odds with this objective, particularly for Canada’s youth.

Simply put, cannabis should not be used by young people. It is toxic to their cortical neuronal networks, with both functional and structural changes seen in the brains of youth who use cannabis regularly.

That is an evidence-based opinion of cannabis doctors.

In recent weeks, Quebec and Manitoba have asked the government to slow down. There is no ability to ensure youth are protected right now in provincial regimes. There is no court approved test for roadside impairment from THC. Law enforcement is not ready and is asking the Liberals to stop. Our physicians are asking them to stop. However, once again, it is the tyranny of the progressives; they know what is better.

How dare we disagree? In fact, the Liberals are limiting debate on this again. How dare we share some of the concerns that families have about exposure of marijuana to their children. We know it harms IQ development. It can harm brain size development. The government likes to quote Colorado's example. Colorado is using 21 and is already experiencing incredible problems, where young children are seeing edibles in households and are being rushed to emergency rooms.

The Canadian Medical Association also decries the use of home-based growing, where the THC, the medicinal benefit, is not secured and rates of use can skyrocket. Organized crime can infiltrate this home-based portion of this legislation.

We have a government that made a promise when its leader was the third party leader, with no sound evidence behind implementing the promise, in full knowledge of the fact it would violate international treaties and, I hope, with some knowledge of the fact that they would limit the mobility rights of Canadians who wanted to travel to the United States. If they say they have used marijuana, they can be banned from travel.

Since I was in high school, when Mothers Against Drunk Driving was set up some 30 years ago, we have been fighting alcohol impairment. Law enforcement has been on the front lines of that. We do not have reliable measures and law enforcement has said it is not ready for the increase in impairment in cannabis it will see. The government is not only rushing this through blindly, but it is disregarding the opinions of our physicians and the positions of law enforcement, including the chiefs of police of Canada, of which the parliamentary secretary used to be a member. It is also disregarding provincial partners.

As a lawyer, as a dad, I want to know that we are debating these serious issues completely in the House, relying on evidence-based decision-making. When our physicians and others are telling us to slow down, we should listen. The Liberals used closure on the assisted dying bill. In The Globe and Mail on the weekend, I saw how the Canadian Medical Association and doctors across the country were having trouble interpreting that law. The Liberals are rushing out of this sense that they know better for Canadians. It is a condescension toward our parliamentary democracy that is unparalleled. All we are asking for is a little more debate. All we are asking for is evidence-based decision-making, but we are still waiting.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:50 p.m.
See context

Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, if I may just correct the member, I was not merely a member of the Canadian Association of Chiefs of Police; I was the president.

The member purports to value evidence-based policy. I just want to share with him some of the membership details of the people who participated in the government's task force. It had a number of distinguished Canadians, eminently qualified Canadians from the fields of public health, public safety, justice, and problematic substance use. They included, for example, the chief medical officer of health from the province of British Columbia, a former deputy commissioner of the RCMP, a neurologist, and the CEO of the Centre for Addiction and Mental Health in Toronto, one of the most internationally, eminently recognized addiction facilities in the world.

I also wanted to very quickly remind my colleague of my experience as a police officer. Three decades ago, police services across the country were busy enforcing gambling laws in every jurisdiction, and governments began to regulate that activity through regulation of lotteries and then casinos.

Today, there is not a single police service with a standing gambling unit, because that activity is now completely regulated through government regulation, and organized crime has been driven from it.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:50 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, I respect my friend from Scarborough Southwest. I have talked about his noble service as chief of police in Toronto. I respect that a great deal. I know he was not running for Parliament to be saddled with this mandate, and I think he has tried to handle himself ably, but I will recall for him his quote as chief of police in Toronto to The Scarborough Mirror when he said:

We do not support the decriminalization of small amounts of marijuana ...that sends an appalling and inappropriate message and is not going to do anything to reduce the harm in our communities.

When the member was head of the Canadian Association of Chiefs of Police, he actually supported the Conservative Party's position on marijuana. It is only when, as a very effective wing man for his Prime Minister, he is being saddled with this promise that they are having not only to rush, contrary to what physicians, provinces, and law enforcement want, but they are trying to justify it now and limit debate on it.

We can have great debates in this House. All we are asking for is more time and more evidence.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:55 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I want to thank my hon. colleague for his passion in this debate, and certainly his concerns around the health effects on youth. I share those concerns as well.

We know from evidence that 30% of young people are experimenting with marijuana. As we move forward with this new legislation, does the member agree that the tax revenue that is collected from the sale of marijuana should be used for treatment, education, and prevention, to help curb youth from using marijuana?

Cannabis ActGovernment Orders

June 6th, 2017 / 11:55 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, one thing that troubles me is that I do think that there is already, with the government, a look beyond the bill and the regime to the revenues from it, and that probably concerns me even more than that the Liberals are rushing this debate through the House of Commons.

We should not be looking at something, which the hon. parliamentary secretary stood in this House just moments ago saying is bad for young people, through the rubric of a revenue stream for government. We should not be trying to generate public good from something we know has public bad to it.

Certainly, I would like to see education. I would certainly like to see a more open and evidence-based discussion of this. On CBC recently, Dr. Brian Goldman, I believe his name is, said what he wants to see even more than the bill is a more informed discussion of the harms. The CMA wants an age of 21. That is the age in Colorado, and when the evidence shows the risks out to 25, setting the age at 18, even if we are giving discretion to the provinces, is simply reckless.

Cannabis ActGovernment Orders

June 6th, 2017 / 11:55 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, never has there been such a great dissonance between the government's stated reasons for legislation and the actual impact of the legislation. What does the government tell us? It is that its goal is to keep marijuana out of the hands of children and to keep the profits out of the hands of organized crime.

What does its legislation actually say? It says that there will no longer be any criminal penalties for someone 12 to 17 who possesses up to five grams of marijuana, and not just possesses it, by the way, but distributes it. That means that a 16- or 17-year-old could take up to five grams of marijuana and be seen wandering around an elementary school carrying that much marijuana, and there would be no basis for a criminal charge. A 17-year-old could give marijuana to a 12-year-old and there would be no basis for a criminal charge.

For context, a study by The New York Times found, in mid-2016, that the average joint contains about .32 grams of marijuana. Therefore, we are talking about it being legal to carry and distribute up to 15 joints.

The government talks about careful regulations to keep this out of the hands of children, but the reality is its legislation would allow homegrown. It would allow someone with children in the home to grow up to four marijuana plants, and it does not, in any way, have storage requirements around that marijuana.

The reality is a very real risk that it would be quite easy for young people to access marijuana that they could get from home, or they could perhaps steal it. Either way, marijuana would be readily available, and young people would be able to possess it without the possibility of being stopped, having it confiscated, or having a criminal charge with respect to the federal legislation.

That is the reality of the law, so how the government can claim that this is about keeping it out of the hands of children is ridiculous. All Canadians have to do is read the legislation to realize that is not what we are talking about at all. Again, possession and distribution of up to five grams would no longer be prohibited for minors, people 12 to 17.

The government talks about a public health approach, but what is striking is that the government members will not even send a clear message about the risks of marijuana. We have the parliamentary secretary talking about the risks, on the one hand, but then we have the Prime Minister talking publicly about his own use of marijuana while a member of Parliament. What kind of message does that send in terms of the public health risks associated with marijuana? We should have leaders in this Parliament who are an example to young people about responsible and healthy behaviour, but we have a Prime Minister who refuses to do that. What does that say about the public health approach of the government, when it refuses to talk about or—

Cannabis ActGovernment Orders

June 7th, 2017 / midnight
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Unfortunately, that is the time allotted for tonight. The hon. member will have about seven and a half minutes left the next time the issue is before the House.

It being midnight, this House stands adjourned until later this day, at 2 p.m., pursuant to Standing Order 24(1).

(The House adjourned at 12:00 a.m.)

The House resumed from June 6, consideration of the motion that Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, be read the second time and referred to a committee, and of the amendment.

Cannabis ActGovernment Orders

June 7th, 2017 / 3:35 p.m.
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Liberal

The Speaker Liberal Geoff Regan

Resuming debate, the hon. member for Sherwood Park—Fort Saskatchewan has seven and a half minutes remaining in his speech.

Cannabis ActGovernment Orders

June 7th, 2017 / 3:35 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, last night, I noted the government had said its marijuana legislation was designed to keep marijuana out of the hands of children, and the profits out of the hands of organized crime. It is positively Orwellian. This legislation would very clearly do the exact opposite.

Last night, I spoke about the impact on children. To briefly review, the legislation would remove any criminal penalties for children aged 12 to 17 who possess up to five grams of marijuana. That is the equivalent of about 15 joints. It would also allow for people to grow marijuana in their own homes where, very likely, children would have access to it. Yes, we could put it in a locked room which has sunlight, but marijuana is a plant, so we cannot exactly store it in the same way we would store prescription drugs or alcohol.

Making marijuana legal would obviously make it easier for children to access it. In general, though, it would make it more prevalent, more readily available, and removing penalties for accessing it, naturally, would remove the risk associated with it. We have seen this across countries. In every case, where there is legalization, there is increase in use; most notably in the Netherlands. After marijuana use was legalized, consumption nearly tripled among 18 to 20-year-olds, and many municipalities in the Netherlands subsequently moved to ban so-called coffee houses completely.

This is clearly the result of legalization, and it is beyond fanciful that a government would claim that if we legalize something, if we make it easier to access and use something, if we make it legal for people to grow something in their own homes, we are to see less use. Yes, marijuana use is too high, and we can talk about the reasons for that right now, but it is fanciful to the extreme to suggest that making it easier to grow and get something will make people less likely to access it.

Let me speak, now, to this issue of organized crime. The government seems to believe that if we make something legal but still have rules around it, people will necessarily follow rules, and that it will necessarily starve out organized crime. The argument goes that if we eliminate a particular business in which organized crime is involved, organized crime will just close up shop. This is intuitively appealing, perhaps, but demonstrably false.

In addition to selling all kinds of drugs, organized crime is, or has been, actively involved in selling contraband versions of otherwise legalized substances, things like tobacco, and there is a major problem with contraband tobacco. Organized crime is associated with illegal practices in many perfectly legal industries. It has a history of being involved in areas like construction, garbage collection, gambling, and politics.

In fact, if we look at the history of organized crime, we see the roots of it are often cultural or sociological, as opposed to purely economic. The Mafia system, for example, originated in a Sicilian response to external occupation. Sicilians, over a long history, developed a system of self-government which, essentially, could exist in spite of, or in defiance of, occupying armies or ordinary rulers. It was a way for ordinary people to mediate their economic, social, and criminal justice relations in a way that did not involve going to occupying authorities. That, very clearly, was the history.

Organized crime will participate in illegal businesses where there is a profit to be made, that is certain. However, its existence does not depend on illegal business. It will apply its modes of collusion, corruption, and intimidation to legal, as well as illegal, businesses, and make a lot of money in the process.

Developing that Mafia example a bit further, of course, we can look at the history of the Mafia in North America. The Mafia benefited from alcohol prohibition. However, its history stretched for hundreds of years before that. It was a response to emergent cultural phenomena that led to that. Its ultimate decline was not the result of legalization of anything; rather, it was a change in the criminal law, with the introduction of laws that allowed law enforcement to target organized crime directly.

It is very clear with the set-up of this law that it would be very easy for organized crime to continue to be actively involved in the marijuana business, selling it to minors, facilitating the kinds of transactions that are illegal, but it would be legal and, therefore, much easier for people to carry around large amounts of marijuana, up to 30 grams for adults, up to five grams for minors.

It just does not make any sense to say this is going to be the end of organized crime, or even this is going to be a hit for organized crime. We are going to see, very likely, the evidence suggests, increased use, and new opportunities for organized crime to get around many of the fairly anemic, though they be, rules the government has put in place.

The point here is that the government is trying to use justifications for the law that it knows do not accord with the reality. It talks about children. It talks about organized crime. In reality, we are going to see increased use of this by children. Also, this will create new opportunities for organized crime to circumvent the laws that involve selling to children because adults and children will have a much easier time carrying marijuana around without detection.

We have a clear alternative. We do not have to accept the status quo as an acceptable reality either. Our party supports a ticketing option that allows a reasonable and effective criminal justice response, not one that applies disproportionate penalties to this but one that I think can emphasize treatment and public health while also still allowing a legal intervention to address that risk. I think the approach we have emphasized is a sensible alternative. It allows that kind of necessary intervention. This is the position that was endorsed by the association of police chiefs, not decriminalization but a ticketing option.

There is a lot of development that could be done around that proposal. Perhaps we might require people who are facing the possibility of conviction to seek an alternative that would involve education and becoming aware of the impacts of marijuana use. We could use the criminal justice system as a way of directing people toward treatment without being overly punitive. Our friends in the NDP caucus have pointed out the possibility of lifelong criminal convictions. We can address those issues through reforms to the pardon system.

However, the real problem we have right now is that marijuana is in this grey zone. It is illegal but there is not a ticketing option, and it clearly is not an enforcement priority. That is why so many people use it. On the one hand, there is no ticketing option, there is no alternative outside the laying of a charge, and on the other hand, clearly people should not be going to jail for mere possession offences. I think we can all agree on that. I think we can propose sensible reforms and alternatives that actually communicate the real dangers and risks.

We have a government that is trying to justify an election promise based on the fact that the Prime Minister has said that he has smoked marijuana while being a member of Parliament, and then talks about a public health approach. That clearly sets such a terrible example when parents, teachers, and others are trying to communicate with young people that there are real, dramatic, substantial dangers associated with marijuana.

A more sensible public health approach would be to calibrate our approach so that we can look at pardon reforms and things like emphasizing treatment and education, but we can also have the means of a ticketing option and a criminal charge so that the police can intervene. However, what the government's law says is that children between 12 and 17 years old can possess up to five grams of marijuana, and they can distribute it among themselves. They cannot sell it, but they can distribute it. It makes it a severe penalty for someone who is 18 to give marijuana to someone who is 17, yet someone who is 17 can give marijuana to someone who is 12 with absolutely no penalties. Therefore, there is a real demonstrable incoherence to the government's approach.

There is also not a coherent message among government members when it comes to the actual risks associated with marijuana use. We have multiple members who speak publicly and openly about the fact that they have used or use marijuana, and talk about it as if it is not a problem, when we know that marijuana use is associated with higher levels of mental health problems later in life, especially when it is used by young people, even at relatively moderate levels. Therefore, there is a problem here in terms of the government talking, on the one hand, about a public health approach, and on the other hand, not facing up, in a realistic way, to the public health problems that are associated with marijuana.

I have cited the studies. The information is clearly there. We are going to see an increase in use if marijuana is legalized. If the government proceeds with the legislation, I hope that, at the very least, it will be prepared to re-evaluate it, because it seems to not understand this point. Hopefully a year or so after the legislation is passed, it will be willing to re-evaluate the problems that it has put in place.

To summarize, there is a dramatic dissidence between what the government is claiming about this and the realities that are in place. The Liberals talk about keeping it out of the hands of children, but they will make it easier for children to access it. They will remove criminal penalties for very young children who carry marijuana with them. There will be no means for that kind of legal intervention. They will allow adults to carry very large amounts and distribute it among themselves, and children to give it to each other. They will allow parents with children in the house to grow marijuana in a place and in a context where very likely that marijuana may be accessible to children. The government is prepared to allow all of these things, yet it makes the outlandish claim in that context that somehow this will reduce the access children have to marijuana. It just does not make any sense.

Then the Liberals talk about the issue of organized crime, but the reality is that organized crime is a system that exists regardless of what is and is not illegal. Organized crime capitalizes on opportunities to work outside of the law, but it is not required that a thing be illegal for organized crime to be involved in that business. That is just a reality the government needs to understand.

Frankly, members of the government who have dealt with organized crime in the context of police work should know this, and I am sure they do, contrary to whatever the talking points say. Organized crime often grows out of distrust of authority, out of issues of social exclusion, and out of long-standing systems of authority that exist in place. It is not the result of just something being illegal. We know this from history.

With regard to the public health issue, the evidence is very clear with respect to marijuana that it is a dangerous substance. Not everybody who smokes a joint will experience those negative effects, but it is clearly associated with higher levels of mental health challenges. Another member has spoken at length about the carcinogenic effects associated with smoking marijuana, and a lot of this is new and emerging research with respect to the risks of marijuana.

We need to send a clear message as a legislature. I would just say to members as well that we need to set a clear example when it comes to the risk, because the Liberals say on the one hand that they will take a public health approach, that they will try to educate about the risks of this, but on the other hand, they are saying that there is not even clarity or agreement in terms of what those risks actually are.

It is very confusing in terms of the messages the Liberals are sending, which do not seem to acknowledge those risks and with different members saying different kinds of things. I would hope that through this debate at the very least, members would be willing to clearly say from all parties, whatever their position on the ultimate criminal question, that marijuana is dangerous and that the best medical science indicates clearly that the risks are in place. I hope members will join me in opposing the bill.

Cannabis ActGovernment Orders

June 7th, 2017 / 3:50 p.m.
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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, the member has said quite clearly that he is concerned that if we were to legalize marijuana, we would put young people at risk and it would lead to other health and social harms for our youth. Quite frankly, I am quite prepared to agree with him. I think legalization alone would do all of those things. Legalization alone would leave the production and distribution in the hands of criminals, and it would make it more accessible to our kids. I would just point out to the member that this is not at all what we are proposing to do.

What we are proposing to do is to lift the criminal sanction, which is the first step of legalization, and to replace the existing system of cannabis control, for which the evidence is overwhelming it is currently failing our kids, failing our communities, and failing the health of all Canadians, with a system of strict regulation for production, which leaves in place a strict criminal sentence for those who produce outside of the regulated regime. It would put strict regulation in place for its distribution and leave in place a strict criminal sentence for those who would distribute and traffic cannabis outside of the regulated regime. It would also put in place, and allow to be put in place, at the provincial, municipal, and the federal levels, regulations that will control its consumption so it can be done in a healthier, safer, and more socially responsible way.

Given that, I wonder if the member might consider that a strict regulatory framework of production, distribution, and consumption might lead to better health and social outcomes for our kids—

Cannabis ActGovernment Orders

June 7th, 2017 / 3:50 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I need to give others time to ask questions.

The hon. member for Sherwood Park—Fort Saskatchewan.

Cannabis ActGovernment Orders

June 7th, 2017 / 3:50 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, with the greatest of respect for the parliamentary secretary, he should read the legislation insofar as the sections, because the strict regulatory regime that the Liberals talk about is actually just for people to grow their own at home. People can grow up to four plants that can be a metre high, yes, but who is going to police that when there are no notification or registration requirements whatsoever for those who grow it? Municipalities are not going to be informed. The law says that people can grow their own marijuana at home. That is not a strict regulatory framework at all, and it is quite disingenuous to suggest that it is.

Cannabis ActGovernment Orders

June 7th, 2017 / 3:55 p.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Madam Speaker, I have been listening to the relatively tense exchanges between the two members and I have a question for my hon. colleague.

Before getting into politics, he was a secondary school teacher for 25 years. When students are tempted to experiment with marijuana, it does not take a lot of resourcefulness to find a source. I do not quite understand how the new regulations are going to change things.

What worries me even more about this bill, and that is what I would like to hear about from my colleague, is that its chief obstacle is the normalization of the drug, as though it has absolutely no consequences. However, recently, health authorities—we are told that the health aspects are being considered—have told us that there should be a minimum age limit of at least 21 years.

Are we not normalizing the use of this substance in this debate?

Cannabis ActGovernment Orders

June 7th, 2017 / 3:55 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, in terms of its being easy to access, marijuana is a plant. It is, I have been told, not that difficult to grow. This is the challenge we have in limiting access to it, but if we now make it legal for people to grow it in their homes and distribute it to others, even for minors to possess and distribute it to other minors, of course it is going to be easier to access. There is more we can do in the context of continuing criminalization to address the ease of access. We do not have to accept the status quo as being sufficient, but that certainly does not mean that we should move in the wrong direction toward legalization.

The member is quite right to point out that the government is not at all sending consistent messages about the risks. Again, I would hope that, at very least, through this debate we could send a clear message about the genuine risks associated with marijuana use. Members of the government are supposed to be leading and setting a positive example, and in the case of the Prime Minister, he used marijuana while being a member of Parliament. That is a real problem in terms of the message it sends.

The reality of the political process by which this has come about is the government trying to appeal to people who think there is no problem with marijuana. All of the best and real science shows that there are significant risks associated with marijuana.