Bill C-45 (Historical)

Cannabis Act

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

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.

Bill C-45—Time Allocation Motion

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Madam Speaker, I appreciate the comments from my colleague across the way. I am not disavowing any vision with respect to indigenous peoples. Bill C-45 would, and is committed to, legalize, strictly regulate, and restrict access to cannabis to keep it out of the hands of children and the proceeds out of the hands of criminals. That has been the agenda of this government for two years. We have engaged in substantive discussions right across the country, including within this place. We value the feedback we have received from members of Parliament. We look forward to the discussion that will happen in the other place.

With respect to indigenous communities, we will continue, on an ongoing basis, to engage with indigenous communities. We have and will continue to engage with provinces and territories, as well as law enforcement, to ensure they have the tools necessary to meet legalization in July of 2018. We have invested a significant number of dollars to assist the provinces and territories and to assist in an education and public awareness campaign about the harms of cannabis. We will continue to proceed in this manner to ensure that in legalization, we have and bear the utmost priority of the health and safety of Canadians. That is our commitment to Canadians.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Madam Speaker, I consider it vitally important to hear from all members of the House in terms of discussions and debate with respect to proposed legislation. We have had substantive debate on various pieces of legislation throughout the course of the last two years. Particularly with respect to Bill C-45, we have had eight committee meetings. We have heard from nearly 100 witnesses at committee. We have received 115 briefs. In this honourable place, we have heard from 86 speakers. We have had 31 hours of debate. This is an incredibly important piece of legislation that we are wanting to move forward in order to legalize cannabis, to strictly regulate and restrict access to cannabis in order to keep it out of the hands of kids and the proceeds out of the hands of criminals.

The status quo simply is not working. We have had two years of substantive discussion right across the country. I was very pleased to hear from the 86 members of Parliament in this place who have submitted their concerns, as well as the views from committee that made some amendments to the bill. Discussion will be ongoing in the other place.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Madam Speaker, we are committed to the passage of Bill C-45 in order to legalize cannabis in the country, to strictly regulate and restrict access to cannabis in order to, as my friend articulated, keep it out of the hands of children and keep the proceeds out of the hands of criminal organizations. We are committed to doing it right, and we are working and will continue to work with all levels of government. We started that engagement and discussion and received substantive feedback through the efforts of the task force that was constituted by our government. We received 30,000 submissions, including from provinces and territories, municipalities, and law enforcement agencies. We are continuing to engage with them through my parliamentary secretary and the Minister of Health.

This is something we are committed to doing. We are injecting substantive monies into the provinces and territories, and into a substantive public education and communications campaign. We have engaged, and will continue to engage, in a substantive way with indigenous communities to recognize their specific interests and desires with respect to their communities. My colleagues and I are committed to engaging in that conversation on an ongoing basis in the lead-up to the legalization of cannabis and strict regulation.

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, the purpose of Bill C-45 is in terms of respecting the health and safety of Canadians. We have had substantive discussions around this particular legislation from pre-election, through two years that we have been in government, through a substantive task force focused on health and safety that engaged with Canadians right across the country. This legislation received 30,000 submissions in terms of what we have committed to doing, which is legalizing cannabis and strictly regulating access to cannabis in order to keep it out of the hands of children and the proceeds of its sale out of the hands of criminals.

The current status quo is simply not working. It is easier for a young person to get cannabis than it is, for example, for that young person to get a cigarette.

We are doing something substantive. We are addressing this matter in terms of health and safety. We are putting in place a comprehensive framework while working in partnership with the provinces, territories, and municipalities. This framework will protect children and will do as much as possible to keep marijuana out of the hands of organized crime.

Business of the House

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, as a small footnote in history, I used to have the honour of serving as the government House leader. After an absence of 807 weeks, it is my privilege to answer this question once again on behalf of my colleague the current government House leader. Again as a historical reference, members might be interested to know that 807 weeks ago, what we were discussing in the Thursday question was reproductive technologies, public safety, competition legislation, species at risk, and pest control. In some ways, things never change. However, to get to the answer, this afternoon we will continue with the report stage debate on Bill C-45, which is the proposed cannabis legislation.

First, let me associate myself, and I am sure all members of the House, with the comments that the opposition House leader made about the respect we all have, and must have, for our veterans and members of the Canadian Armed Forces.

After we return from this constituency week, we will commence debate on Bill C-59, which deals with national security. I would inform the House that, in the interests of transparency, we will be referring this bill to committee before second reading, which will allow for a broader scope of discussion and consideration and possible amendment of the bill in the committee when that deliberation begins.

Following that, we hope to be back to the debate on Bill C-24, which would amend the Salaries Act. Our focus for the rest of the week after we return will be disposing of Bill C-45 at report stage and third reading.

Finally, Thursday of that week will be an allotted day.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this morning we started second reading debate on Bill C-63, the budget implementation act. We will continue debate on this legislation this afternoon.

Tomorrow we will commence second reading debate of Bill S-5, concerning amendments to the Tobacco Act.

On Monday, Tuesday, and Wednesday of next week, we shall continue with debate on the budget bill. Last Thursday I indicated to the House that we would allot four days of debate at second reading, which means we would expect the vote to send the bill to committee to take place on Wednesday evening. I would like to thank opposition House leaders for their co-operation in finding agreement on this timeline.

On Thursday, we will resume debate on Bill C-45 on cannabis, and hope to conclude the debate at report stage. We will also be working to pass Bill C-17 on the Yukon before the next constituency week.

Criminal Code

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Madam Speaker, I thank the member for listening carefully to my speech.

I was not digressing or off-topic. I was talking about Bill C-45 because it directly relates to this bill. At one point, the Minister of Public Safety and Emergency Preparedness said that we should have voted in favour of the bill and that we needed it because it was the carbon copy of Bill C-45. Once again, Bill C-45 is flawed and yet we want to hastily pass Bill C-46, which is deeply flawed. It is not that we do not want to do things right, as my colleague for Mégantic—L'Érable said. We want to help and we want it to work, but we need to do the job properly.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, I listened very carefully to my colleague's speech, and I acknowledge his wealth of experience. He has done extraordinary work on this file since he was appointed as shadow minister for public safety and emergency preparedness.

The government members should listen to what my colleague has to say about the government's improvisation, on the time needed, and on the tools and resources that police officers are lacking to adequately enforce this bill.

We support any measure that will help decrease drug- and alcohol-impaired driving. Bill C-45 will not solve the problem. It will compound it by leaving the police with inadequate resources.

Does my colleague agree?

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Yes, Madam Speaker, it is a fantasy land. That is an appropriate expression.

Seriously, maybe the Prime Minister thinks that this will be someone else's problem, but he owes it to Canadians to govern with diligence and discipline. So far, we are not convinced that the Prime Minister understands the importance of his role. We know that he likes to take photos and deliver platitudes to the United Nations, but for the rest we are in the dark.

Bill C-46 introduces an imbalance between civil rights and public safety. As Canadians, we have rights, but those rights come with responsibilities. As I have said, having a driver's licence is a privilege, not a right. That is clear.

The Liberals are in a hurry to get Bill C-45 and Bill C-46 passed because they need money. It becomes crystal clear when we consider the fact that our police forces have repeatedly said that they do not have enough time and resources to enforce the law. They need to hire experts, acquire new technologies, and train their officers. It is impossible to bring this legislation into force properly before July 2018. The police knows it, we know it, and even the Liberals know it.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Madam Speaker, I rise today to speak to Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts.

Where do I begin? How can I explain to the House just how bad this bill really is? When I read it, it raised a lot of questions and provided very few answers. You would think that it was written by the Minister of Finance or someone at Morneau Shepell. There are so many questions and very few answers.

The Liberals are in the habit of making promises that are long on enthusiasm, but short on details. This bill is no exception. It is sorely lacking in detail and logic. The question that comes to my mind is the following: did the minister really take the time to read this bill before introducing it? No one in the House is questioning the ability of the minister or her officials, but something is not right here.

If the minister had introduced this as a draft and told us that the bill was still in development and that she wanted our ideas for creating a balanced and credible bill, I would have said that is a good idea and we could work together. However, that is not what happened.

This Liberal government is not at all interested in hearing the opposition's amendments or ideas. Madam Speaker, you can see how these Liberal ministers rarely answer the most basic questions. Their speeches are nothing but platitudes and empty promises.

They talk about helping the middle class, and meanwhile they are increasing taxes on the middle class and taking credits away from the most vulnerable. They give millions of dollars to a terrorist, but they cannot find a couple thousand dollars to clear the snow from the National Holocaust Memorial in the winter. They are pushing drug legislation, knowing that the provinces will have to foot the bill.

The Liberals are no strangers to offloading the costs onto the provinces. Not too long ago, they reduced federal health care funding for the provinces. They eliminated this funding to balance the federal budget. At the time, the federal government provided about 50% funding to the provinces, but the Liberals reduced that to 14%. Only after a public outcry and the resulting Romanow report were they forced to reverse their decision. At the time, they bragged that their Minister of Finance was the best financial manager in the G7. However, it does not take much management know-how to send the bill to the provinces. The same thing is happening with Bill C-45 on the legalization of marijuana.

The bill we are debating today is missing a number of details, and the government needs to more seriously reconsider this bill. Two years ago, we said that the Prime Minister was simply not ready to govern this country. Two years later, we have ample proof that he is still not ready. Sure, he has some nice, hip coloured socks and is known around the world as the selfie wonder, but those two things are not enough to govern our country.

The Prime Minister's entourage also seems to suffer from memory loss. For example, his Minister of Finance forgot that he was the owner of a villa in France worth millions of dollars. The member for Peterborough—Kawartha forgot where she was born. Then there is the former Minister of Defence, who forgot what role he actually played in Kandahar. These examples are only the tip of the iceberg. Two years ago, the Prime Minister announced that his government would run a deficit of just $10 billion. Now look where we are. The Prime Minister forgot his promise too, because his government is spending money like there is no tomorrow while our country's debt continues to mount.

The bill before us today is another example of the Liberals' thoughtlessness and lack of preparation. First of all, the bill they propose is far from complete. Again, the bill raises questions the government makes no attempt to answer. When I read it, I wondered how the minister could possibly have thought it was a good idea to proceed with the bill in its current form.

We heard testimony from over 70 witnesses, and I can assure the House that their comments are in no way reflected in this bill. For example, its proposed minimum fines for impaired driving causing death or bodily harm are utterly pathetic. This bill also fails to strike the right balance between civil rights and public safety.

The rights we enjoy as Canadian citizens come with a duty to act responsibly. A driver's licence is a privilege, not a right. We need to send a clear message that taking a life by driving while impaired is an extremely serious crime.

For many years now, all levels of government and groups like Mothers Against Drunk Driving have been working hard to educate the public on the consequences of impaired driving.

However, today, we have a government that wants to hastily pass a bill without seriously considering the safety of Canadians. That makes no sense.

Obviously, the Liberals have always been more concerned about the rights of criminals than about those of law-abiding citizens. Just recently, this Liberal government gave a terrorist $10 million. Did the courts order the government to make that payment? They did not, but the government paid it without any hesitation. Did the terrorist expect to receive any money? I doubt it, but what I can say for sure is that the message the Prime Minister's government is sending is that crime pays. That is what people will remember, and that is shameful. Did the Prime Minister think carefully before making that decision?

This bill seems reasonable at first glance, but it does not provide any clear information about how the police will enforce it. The bill does not provide any explanation as to how police will be able to effectively determine whether or not a driver is on drugs. Obviously, this bill is a half-baked measure.

For alcohol, we have the technology to determine blood alcohol content and whether a driver's BAC is over the limit. Police officers can administer that roadside test on the spot. Detecting drug impairment is not so easy. Marijuana can be detected in a person's blood, but the technology cannot tell us when the drug was consumed.

It is even harder to determine when the drug was consumed in the case of chronic users. If someone smokes a joint every hour or two, there is no way to tell exactly when he or she consumed it. It is impossible. These two examples make it clear that the proposal before us today makes absolutely no sense.

When the committee discussed Bill C-45 on marijuana legalization, the Minister of Public Safety and Emergency Preparedness told us that marijuana sales grossed over $7 billion a year for organized crime and that Bill C-46 would cut into that market and legally redirect a big share of the revenue into government coffers.

That would explain why the government wants to rush through Bill C-45 and Bill C-46. It does not really care about the details or what this will cost the provinces. What matters most to this government is finding a new source of revenue, that's it, that's all.

Let us be honest. The government cannot control its spending, and it is gradually starting to run this country in the same way certain third-world countries are run. What will happen to our economy if it continues to govern our country like this?

A few days ago, the Minister of Finance presented the update of economic and fiscal projections. Once again, there is no plan to return to a balanced budget. We are not running a third-world country here. We are parliamentarians in a G7 country, one of the largest countries in the world. If the Liberal government is presenting deficit budgets when we have a strong economy, what would its budgets look like if a recession were to hit?

The economy is cyclical; what goes up must come down. What do the government and the Prime Minister plan to do when the economy slows down? Does he ever think about that? Maybe he thinks that an economic downturn will not happen as long as he is in power, either by magic or through the power of his socks and his selfies. No problem.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, I will be sharing my time with the member for Charlesbourg—Haute-Saint-Charles.

Certainly, I am pleased to rise in the House to speak to Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, also known as the impaired driving legislation. As we know, this bill is the accompanying legislation to Bill C-45 on the legalization of marijuana, which I studied at the health committee with my hon. colleague from Vancouver Kingsway.

This particular bill, Bill C-46, seeks to create new and higher mandatory fines and maximum penalties for impaired driving, as well as to authorize mandatory roadside screening for alcohol. I am in favour of taking a strong stance against impaired driving, but there is so much wrong with this bill that I am not sure I can cover all of it in just 10 minutes. However, I will try.

First of all, as I have said and will continue to say many times in the House, there are only 246 days left until the government can meet its arbitrary deadline for the legalization of marijuana. The provinces, police, and municipalities have made it clear that they are not ready. When this legislation passes the House, which will take some time, it then needs to go to the Senate. If the Senate amends it, it will come back to the House. When it is finalized, the provinces can have certainty about their legislation, which they need to line up with this legislation. When the provinces are finished with their legislation, the municipalities can then line up their legislation with the provincial legislation that in turn lines up with the federal legislation. It is at the municipal level that many concerns have been expressed about this bill, because it is the local police who will have to address the drug-impaired driving issue.

We already have a big problem with impaired driving. Right now, 16% of traffic fatalities are related to alcohol-impaired driving, and 24% to drug-impaired driving, of which the most frequent kind of drug involved is marijuana, and then there is another 18% involving a combination of the two. If we look at other jurisdictions that have legalized marijuana, all of them have seen an increase in drug-impaired driving. In Washington state, fatalities from drug-impaired driving, in this case from marijuana, doubled. In Colorado, it increased by 32%. There will be a lot more of these impaired cases to deal with. With that in mind, it is extremely troubling that there is no test for impairment.

The Liberal government always talks about being fact and evidence-based and taking a science-based approach. Well, here is what the science can do. Today, it can detect THC in the saliva and in the blood, but there is no research or correlation indicating whether that is related to impairment. There are a number of factors at play. For example, someone taking a huge dose of medicinal marijuana on a long-term basis might always have THC show up, but may be so used to it that they are not impaired. Other people who may have experienced second-hand smoke, for example, may have THC show up in their blood, but are also not impaired. By coming before the science we need to test for marijuana impairment, this legislation is just irresponsible.

As for the drug recognition training needed by police officers, the police have said they will probably need about 2,000 of these officers across the country. Right now, we have 600. To train 1,400 people will not just take a day. This training requires multiple sessions, and a lot of those sessions happen in the United States. We can appreciate that the U.S. training sessions are all booked up because of the many states that are legalizing marijuana. For that reason, I find it really hard to believe that in the next 246 days we will have trained 1,400 police officers to the level they need to do the job.

Municipalities testified at the health committee about the lack of resources and lack of understanding of the rural reality on the part of the Liberal government. One municipality testified that they had nine RCMP officers in total to cover everyone in a very widely spaced riding. If someone is impaired or suspected of being impaired by marijuana, that RCMP agent has to accompany that person to the next jurisdiction where the only available blood testing is available, and stay with them until the results are known. They consider this to be a huge burden on their resources. Of course, that has not been taken into account.

Every one of the places that has legalized marijuana has strongly advised Canada that public awareness and education is needed before legalization. That was not disputed by anyone. We know that Colorado spent about $10 million for a population of five million, and Washington state spent $7 million for a population of seven million.

In Canada the government has pledged $9.8 million over five years for a population north of 30 million. It is completely inadequate. The program has not been created or even started to roll out. There are 246 days left, and the public education awareness RFP bids just came in on October 16. It was key advice by everyone we heard from that we need to have that in place before legalization. Thus, we would think that the government would act responsibly to protect public safety and say that when it gets everything in place, it will legalize marijuana. Rather, it is rushing ahead toward the arbitrary date of July 1, 2018.

One of the other topics of discussion in this bill that I find a little hypocritical is the mandatory and random testing. To give members some history of my background, I was a director of engineering and construction in the petrochemical industry. In the United States there is mandatory medical screening of prospective employees before they are hired for a job and the right to randomly test at any time. When I was with Dow Chemical, I had an office in Midland, Michigan, and was subject to random tests because that is the law of the land there.

There is a real concern at nuclear, chemical, or petrochemical plants about this, because they do not want to have people who are high on marijuana operating their facilities. As the employer has the whole liability, it ought to have the ability to do something.

In Anne McLellan's report on marijuana and how the government should move forward with legalization, there was a section included on this concern after hearing testimony from employers across the country. There were only a couple of lines in their report with recommendations, but the Liberal government refused to adopt them.

I think it is quite hypocritical for the government to say that we need mandatory testing because it is dangerous to drive a car, and not say the same thing about operating a nuclear plant, a chemical plant, or driving a huge train. I am the co-chair of the parliamentary rail caucus, and we had the railway association here this week. The association was extremely concerned that it has not been allowed to implement any kind of random testing.

There are some promising precedents. There was a TTC case in which the courts did allow the employers to start random testing because of the prevalence of drug use. There was another case recently by Suncor that also allowed random testing.

I think we have to be consistent in our approach. If it is okay to do roadside mandatory testing or random testing, then it should be done as well, assuming there is a test that can show impairment. I have already talked about the fact we do not have one currently.

When we think about drug-impaired driving, the message has not gotten out there, especially to young people. In the 18 to 35 year old demographic, 40% of people are consuming cannabis. They do not recognize it is harmful to them and do not understand that 30% of consumers under the age of 25 will experience schizophrenia, psychotic disorders, depression, or anxiety, all of which are lifetime conditions. As well, they do not understand that it is hazardous to get behind the wheel of a car when smoking marijuana.

I am hugely concern about this bill for that reason. I urge the government to do the right thing to protect the Canadian public. Do it right. Quit rushing, and wait until the test exists.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, I had the privilege of sitting on the health committee while it studied Bill C-45, the companion legislation that would legalize cannabis. My colleagues and I heard time and time again how important it is to base sound policy on facts, on evidence. A lot of mythology has accumulated over the last decades, about cannabis in particular. We also heard clearly that Canadian youth are among the second-highest users of cannabis in the world. In order to have an impact on them, we have to learn how to speak properly to them. That starts with giving them credible information.

The government has claimed over and over again that it is taking an evidence-based approach to this legislation. However, so far, I have heard no clear answers on a number of questions. Is finding two nanograms of THC in a millilitre of blood truly a sign of impairment? Do we have the equipment that can actually measure it? The government answers by saying it does not really know. I do not know how it can have an evidence-based approach to this legislation, and at the same time legislate, when it does not have hard science to back it up.

I am wondering if my hon. colleague could comment on that, and whether this legislation will be successful if Canadians, particularly youth, do not find the underlying concepts to be legitimate or valid.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Madam Speaker, I rise today to speak to Bill C-46, an act to amend the Criminal Code, offences relating to conveyances, and to make consequential amendments to other acts.

I will address a couple of things with respect to the bill, and one is the timetable for this bill and Bill C-45.

The government is making a mistake, quite frankly, first for even bringing in the marijuana bill and then pushing it forward to try to get it in by Canada Day of next year. Even though I have heard the minister say that the government will try to push through this bill in conjunction with Bill C-45, the whole thing is a mistake.

We heard considerable testimony from different groups that they thought this was being jammed through too quickly. The Canadian police services asked that the legislation be delayed so they would have the ability to train and put resources in place.

I suggest that the government has not done enough to put effective educational campaigns in place, despite statistics showing significant increases in fatalities due to drug-impaired driving. We have a problem already with drug-impaired driving. The Liberals tell us that by legalizing this, they somehow have come up with some solutions to this, but it is the exact opposite.

Mandatory roadside testing, in addition to the large number of officers who still do not have sufficient training to adequately detect drug-impaired driving through drug-recognition training, is another part of this, as well the refusal of the government to mandate proper storage restrictions of cannabis plants in homes. The government, in its excitement, was pleased to announce that everyone would be able to have a small grow-op in the kitchen. We were very much against this, for the reasons I stated at committee and before this. How can we make it any more accessible and easier for kids if the plants are in the kitchen?

I thought I received some good news a couple of weeks ago when a woman in my office, Cheri, said that I would be interested to know that the Liberals had made some changes about grow-ops in kitchens. I thought that was wonderful and that the Liberals had listened to us. However, the government said that the three feet was not high enough, that the plants would have to grow taller than that. Therefore, after getting criticism about this, the Liberals did the exact opposite. They would let people have four-, five-, or 10-foot plants. I guess there would be more joints available the higher these things grew. This is a huge mistake, one that we will hear about in the future if the bill passes.

Canadian police services from across the country have called on the government to delay the legislation beyond 2018 to allow law enforcement time to properly manage the threat of increased drug-impaired driving and the association that this would take place with the legalization of marijuana. The Canadian police services stated that there was zero chance they would be ready by July 2018.

Why are the Liberals so intent on not listening to Canada's law enforcement? They have imposed this deadline, again, with little regard to the health and safety of Canadians.

During the recent meetings our committees had, the Canadian Association of Chiefs of Police warned that it needed more time to train officers under the proposed new law and more than double the number of police officers certified to conduct roadside drug-impaired testing. It also called for more time to implement public education. If we look around, officials in Washington State and Colorado have stressed the importance of implementing educational campaigns on drug-impaired driving as soon as possible and long before legalization.

The government's timetable is just too tight. The Liberals say that they will get Bill C-46 in before Bill C-45. However, with the timetable they have insisted upon for Bill C-45, we will not be ready.

The Liberals have not taken the advice of members of the police association or Canadian premiers who have voiced their concerns. The provincial governments need more time to get their rules and regulations in place.

The minister mentioned MADD Canada. It has also called for the government to ensure the legislative framework is in place under the Motor Vehicle Act, giving police the powers to lay drug-impaired charges. Currently, the standard breathalyser will not detect drugs, This was one of the things we heard.

My colleagues mentioned how challenging it was to exactly measure the level of THC and thus measure the level of impairment. It is further complicated now that we are encouraging people to smoke marijuana, especially in combination with alcohol. This is going to become more complicated. In the hearings and testimony on Bill C-46, it became very clear how difficult this would be. We heard different experts say that THC could be in a person's system for days afterwards. The THC level spikes with the first couple of joints and then it goes down. How quickly it goes down is the question and what happens when marijuana is used in combination with alcohol.

Again, we need to have people who are expert in this area. The police services have said that they need at least 2,000 experts to do this. I will quote Ms. MacAskill from Mothers Against Drunk Driving. She said, about the disposable saliva test, “If every officer can have that in their vehicle it will certainly have a positive impact on road safety.”

Unfortunately, the government is not in a position to guarantee that those drug experts will be in place. It has not made the necessary provisions to make this happen. Again, the Liberals are focused on getting this through. Somehow it will be a wonderful that on the next Canada Day, everyone will be smoking a joint. However, this has been a huge mistake.

As well, I have to mention the penalties. The Conservative party is very clear that a $1,000 fine for a person who kills because of drunk driving is unacceptable. Quite frankly, it sends the wrong message. My colleague talked about mothers for justice. They were very clear that it was not enough to say a person was arrested. We want to send a very clear message that if a person is drunk, starts to drive and kills people, that there are serious consequences, not just a $1,000 or $1,500 fine with a slap on the wrist. Our job is to ensure people get the message that they have to take responsibility for the crimes they commit. When we were in government, that message was consistent. There has to be serious consequences for people who commit serious crimes and victimize others.

Statistics show that impaired driving due to drugs is on the rise. This is why we need to have nationwide public education. We know, having looked at Washington State, what will happen in our country. Fatal crashes among drivers who test positive for marijuana went up from 8% in 2013 to 17% in 2014. In Colorado, between 2005 and 2014, the number of drivers in fatal crashes who tested positive for marijuana, without other drugs in their system, went from 3.4% to 12%. It multiplied four times when marijuana was legalized in that state.

Dr. Mark Ware, co-chair of Ottawa's marijuana task force, stated, “Canada should immediately boost spending on intensive public education and research into the impacts of marijuana and not wait until 2018.” I would go beyond that and say not to be forced into putting this in place by next Canada Day.

Dr. Ware told a drug policy conference in Ottawa that a bill to overhaul Canada's marijuana laws was the first step in what he predicted would be an unbelievably deep and tangled web with the provinces, territories, and the municipalities, which would be responsible for much of this scheme.

Here is what is going to happen when this legislation gets enacted. The federal Liberals will blame the provinces when this thing becomes a complete national mess. They will say that they legalized it but it is the responsibility of the provinces. They will point the finger and claim that it is not them who have made the mess. Once they get this off their hands, it will be up to the provinces, or they will say that the police services are screwing this up, that they are not doing enough. That is what is so unfortunate about this.

The government has been warned about the implications of legalizing marijuana and the required safeguards that should be in place. The Canadian Automobile Association has made the case that a public education campaign has to be put in place.

This will complicate our judicial system. It was made very clear that there would be charter challenges. I understand that whenever new legislation is put in, there is always the possibility that people will challenge it. Nonetheless, there will be a lot of cases that will compound the challenge this will have on the courts. We have raised this with the government on many occasions. We have told it to ensure enough judges are appointed. This has been a slow process, and not enough judges will not help the situation. When these cases are before the courts and there are delays, et cetera, it will not help things if the Government of Canada does not move forward as expeditiously as possible in appointing judges.

The other thing we have to worry about is not just people smoking marijuana, but people who will turn marijuana into edibles. The Liberals will again say the that provinces are to blame if this is the case. I understand that, but we all have a responsibility. When this gets turned into an edible product and children have access to that product, it will be a serious problem. I appreciate that not all children will go after the pot plants in the kitchen and nor should they, but edibles will be another danger to young people and a danger that the government does not seem to take with the seriousness it should take.

I do like some sections in the legislation. The minister talked about one section that refers to marijuana tests being taken about two hours afterwards. Among other things, this will go after those individuals who will try to avoid an impaired driving charge by having a couple of drinks after the accident, using the excuse they needed those drinks to calm down. We all know that this is a way of avoiding or complicating an impaired driving charge. I actually agree with that section.

However, when my colleague from St. Albert—Edmonton came forward with a group of reasonable amendments to ensure people would live up to their responsibilities when they finally were convicted of impaired driving and impaired driving which resulted in somebody being killed, those penalties were completely rejected by the Liberals on committee. When somebody kills a child and receives a $1,500 fine, the whole justice system is compromised. It decreases people's confidence in the criminal justice system when people are not given penalties that are commiserate with the crimes they have committed.

My Liberal colleagues do not want to put these tough penalties in the bill because they believe they will not stop people from committing these crimes. However, I think it does send a message to people that there are serious consequences for what they are doing. Yes, there are people who say that they had better be careful because there are serious consequences for their impaired driving.

I appreciate that Bill C-45 and Bill C-46 go together and that the latter bill complements the first, but my colleagues and I want the government to reconsider everything about this, its implementation and the whole question of legalizing marijuana and what it will do to our children. I promise that if the government implements this and the Liberals start to run away from it and say, “I don't know, you better talk to the education department, or the police, or the provinces”, we will hold them accountable for everything, the complete mess this will create. We will not let them off the hook by pointing to someone else.

I have appreciated the opportunity to make comments on this. I know the government has not listened to us up to this point, but I hope it will in the future.

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Madam Speaker, I believe that this question speaks to the previous question of the hon. member across the way in terms of the objectives of Bill C-45, and Bill C-46, the cannabis act, and also wanting to improve the impaired driving laws in this country. What we are trying to combat is that the status quo simply is not working with respect to ensuring we do everything we can to keep cannabis out of the hands of kids and the proceeds out of the hands of criminals, as well as to keep individuals out of the driving seats of their car while they have been consuming alcohol or drugs. The objective of both of these pieces of legislation is to ensure that we move away from the status quo and put in place significant laws and regulations. There is no question that the Government of Canada is tackling these important issues and ensuring the safety of Canadians.

[Lloyd Longfield, Liberal, Guelph, ON]

Madam Speaker, I thank the minister for bringing this to the House today. My question builds on some of the questions from my colleagues across the way, which were similar to questions asked during the debate on Bill C-45. My question to the minister is with respect to the timing of Bill C-46 and Bill C-45. I want to know how they work together, as well as the strategy of having Bill C-46 in place before Bill C-45 to ensure we have safe communities, safe people, safe roads. What is the importance of the legislation in the way it is now being presented to the House moving forward? Could the minister comment on that, please?