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.

Criminal Code

[Sylvie Boucher, Conservative, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, I thank my colleague for his question.

Nine million dollars is very little when it comes to implementing structures in rural areas. We are a big country. We can agree that cities such as Montreal, Quebec, Toronto, and Vancouver have the necessary structures in place. Very remote rural areas such as Baie-Sainte-Catherine and La Malbaie are going to need money. Nine million dollars over five years will not be enough. That is equivalent to less than $1 a day per citizen.

I sincerely believe that if we want structures to be put in place for Bill C-45, we must give municipalities and the provinces the financial means to do so.

[Sylvie Boucher, Conservative, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, I am pleased to rise this evening to speak to Bill C-46, regarding driving while under the influence of cannabis or alcohol.

I do not disagree with Bill C-46, quite the contrary. No one here opposes the broader value of protecting drivers and our children. There are still too many deaths caused by drunk drivers, and much remains unknown about cannabis. However, we cannot talk about Bill C-46 without first talking about Bill C-45 on the legalization of cannabis.

With the bill to legalize cannabis, the government is trying to shift the responsibility to the provinces. If we want to give effect to Bill C-45, then we also have to give the provinces a framework that would allow them to adapt to Bill C-46. We need to put structures in place to help our police officers, those who are on the roads, those who have to drive, or those who have to arrest people who are under the influence of alcohol or cannabis.

In my mind, Bill C-46 is full of holes and does not go far enough to establish a strong framework because not everything is defined in Bill C-45. Everything is downloaded, as we say, to the provinces, which must do everything themselves. Unfortunately, they will not have the time to adust because they will have only one year to prepare for the legalization of cannabis and the implementation of Bill C-46 on driving under the influence of alcohol or cannabis.

This leads me to say that there is no mention of prevention in Bill C-45, and yet we will need information and prevention because driving under the influence of cannabis or any other drug is a big unknown. The support of all members of the House is contingent upon having a framework that protects our children, relatives, and friends so that they are not taken from us by irresponsible drivers. We need a coherent law.

Bill C-46 follows Bill C-45. If we want to legalize marijuana, we must ensure that Bill C-46 provides a much stronger framework to help our cities, police officers, and the people who work with the victims of traffic accidents. We do not see this in Bill C-46 or in Bill C-45.

Furthermore, Bill C-45 is a botched bill. The Liberals did not consider the ideas of those who work with people who have are addicted to alcohol or drugs such as cannabis. Everyone in the House knows someone, either a family member or a friend, who abuses cannabis. I believe that Bill C-46 needs to be fleshed out.

Our police officers need a little more support, and I am not just talking about money. Everyone involved needs education.

There have been shock advertising campaigns about drunk driving in Quebec. The ads did not stop people from drinking, but they did make people a little more informed. Now people call a cab or have a designated driver. We should do the same for cannabis.

We cannot talk about Bill C-46 without also talking about Bill C-45, which comes before Bill C-46. I will be voting to send it to committee, but it needs more teeth and it needs to be totally unassailable because Bill C-45 is an empty shell. The government is handing things over to the provinces, and they have to figure out how to deal with it. This is where the bill was drafted, and this is where we need to give it more teeth.

Personally, I think that the coming-into-force date for Bill C-45, 2018, is unrealistic. That is way too soon for the provinces, and it is way too soon considering all the conversations that need to happen with municipalities. How is the government going to make sure that the message in Bill C-46 gets to the municipalities, the provinces, the decision-makers, the organizations, the police officers, and everyone else involved in the day-to-day implementation of this bill? We must never forget that we are here to protect Canadians.

On this side of the House, we want to protect Canadians, and we want to make sure that the bills we pass contain all the necessary provisions, which is not the case with Bill C-45. I think that is what all parliamentarians think of these two bills. If we want to pass Bill C-46, Bill C-45 must have more teeth. Bill C-46 needs to establish structures that will help support and protect our drivers, our children, our parents, and people who work with individuals arrested for impaired driving. We also need to ensure that the right elements are in the right place. We need to ensure that any devices used to detect alcohol or cannabis are very sophisticated. Still today, breathalyzers are not 100% accurate.

I would like Bill C-46 to have more teeth, because it is missing an important element from Bill C-45, that is, ensuring that everyone affected by legalizing cannabis has all the resources needed to ensure that this legislation is rock solid. One year is far to soon for the municipalities and for everyone involved in enforcing this bill.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Mr. Speaker, I rise this evening to take part in the debate on Bill C-46, which would amend the Criminal Code and make other consequential amendments to various other acts.

Like many members in the House this evening, I have been following this legislation with great interest since it was tabled and I know that Canadians are also following it in the media. Before I begin my remarks, I want to say that I have great faith in members of Parliament in all parties to work together on this legislation so that at the end of the day, the Criminal Code is modernized, reflects the advancement of technology, and that our peace officers have the necessary legal framework to keep our streets and communities safe.

Far too many of us know members of our communities who have lost loved ones due to the actions of impaired drivers. Rarely does a week go by in Canada when we do not hear of people who lose their lives due to somebody getting behind the wheel while severely intoxicated or under the influence of mind-altering drugs.

In preparing for this debate, I was contacted by the father of a young lady who tragically lost her life in the fall of 2015 when coming home for Thanksgiving dinner. He asked that we, as members of Parliament, put aside our political differences and work constructively to ensure this legislation is carefully debated and that it moves forward in a timely manner. I was also saddened to hear that even our colleague, the member for Cariboo—Prince George, lost his brother to a drunk driver over 20 years ago. I ask that we keep these families in mind as we prepare to carefully, hopefully in a non-partisan manner, get this legislation to committee. On a personal note, I lost an uncle in the same kind of situation.

As has been said by other members of the Conservative caucus, I will vote in favour of the legislation as currently written so that the necessary stakeholders, which include peace officers, provinces, municipalities, legal scholars, and those who actively work toward the prevention of impaired driving, can present their views and critique the bill's various implications.

As noted by others, this legislation would, for the first time, allow for the use of roadside drug screeners in cases where a peace officer has a reasonable suspicion a driver is under the influence of drugs. It would be naive of us to think that people are not currently driving under the influence of marijuana, methamphetamines, or other substances. We would also be naive to think that the number of those consuming marijuana and then getting behind the wheel will stay the same or even go down after a public education campaign following the legalization of marijuana.

We are about to embark on one of the largest changes in the law in respect of people consuming a substance since the elimination of prohibition. We can look at what other jurisdictions have done to prepare for the full legalization of marijuana, but at best, we only have estimates on what it will mean for Canadian roads and highways. Moreover, we actually do not know what it will cost for the RCMP, various police departments, and municipalities to purchase the necessary roadside oral fluid drug screeners nor the total dollar amount for the necessary training to administer the drug screeners.

In consultation with the Brandon police department and other police officers, they have explained there are significant costs that will be necessary when this legislation is brought into force. I do not want to delve into the specifics of Bill C-45 while we are debating this legislation, but I believe it is important to note that municipalities will probably not see any increased tax revenue from the legalization of marijuana. However, they might get stuck with the tab as they will be the front line on enforcement and regulation. At this time, I would even suggest that the parliamentary budget officer undertake a full review of the up-front costs of implementing Bill C-46 on municipalities and provinces and the potential hidden costs. For instance, many rural communities would not be prepared to provide blood analysis 24 hours a day, seven days a week.

As the bill states, it would authorize the taking of a blood sample from a driver when an officer believes the person is drug impaired. As rural members in the House know, sometimes people have to drive 100 kilometres or more to find a 24-hour health facility. To complicate this even further, people drastically absorb and metabolize THC in many various ways. My colleague from Yellowhead referred to this earlier this evening. We must ensure the legislation provides no loopholes for those who may seek to evade the law. We want to make certain that the Ross Rebagliati defence of second-hand smoke cannot be invoked.

The other issue I want to raise is that I have serious and grave concerns about the mandatory alcohol screening clauses found within the legislation. I am aware that the government has tabled a charter statement from Professor Peter Hogg, and the Minister of Justice has fervently defended his position. However, I want to remind the Minister of Justice that the Supreme Court is the sole arbiter of what is constitutional and what is not.

It was only a few years ago that our previous Conservative government nominated Judge Marc Nadon to the Supreme Court after we were told it was constitutional by two former Supreme Court judges, as well as constitutional experts.

While the Minister of Justice may feel confident in the charter statement, various members of the House of Commons have lingering doubts. I am encouraging the Liberal government to keep a very open mind and be prepared to strike this clause from the legislation if legal experts believe it encroaches on the rights of Canadians under section 8, which provides the right to be secure against unreasonable search or seizure, or under section 9, which is the right to not be arbitrarily detained or imprisoned.

When giving the police such powers, even under the best of intentions, it must be carefully balanced with the rights and freedoms of drivers. While there is case law that has allowed for randomized breath tests, there is zero case law that would allow warrantless mandatory Breathalyzer tests.

While I know the government continues to state that an estimated 50% of people who are stopped and are over the legal limit are able to pass through current detection methods, I believe there must be a better solution to bringing this number down than a police officer who would be able to, on demand, without any reasonable suspicion, perform a breathalyzer test.

The hon. member for Cowichan—Malahat—Langford noted in his speech that even the Supreme Court was not unanimous on the issue of random stops by police officers. As the member stated in his speech, the minority opinion of courts stated there were serious implications with such power. He also went on to say that the decision of a police officer may be based on any whim that may tend to stop young drivers, older cars, and that racial considerations could become a factor. Let us recall that this was a Supreme Court dissenting opinion on random check stops, not mandatory roadside Breathalyzer testing.

On a final note, I am encouraged to see that the provinces, such as the new Pallister government in Manitoba, are already working on updating their laws to prepare for federal legalization of marijuana. As Heather Stefanson, Manitoba's Minister of Justice said, the “proposed cannabis harm prevention act would provide tools to government, enforcement and public health during” the lead-up to the final implementation of legalization.

For the benefit of my colleagues, I would like to put on record exactly what this legislation would do. The legislation would allow for a 24-hour suspension of a driver's licence if a police officer believes the driver is under the influence of a drug and unable to safely operate a motor vehicle. It would require the registrar of motor vehicles to determine if graduated licence drivers who receive a 24-hour suspension should face further consequences. The legislation would create a specific offence for consuming marijuana in or on a vehicle, and that any marijuana must be stored in a secured compartment, for example, the vehicle's trunk, so that it is inaccessible to those in the vehicle.

The provincial government understands that not only do the laws surrounding driving need to be updated, but the Province of Manitoba will soon explicitly prohibit the smoking of marijuana in any enclosed public space or workplace; schools will still be able to enforce disciplinary measures to students using, possessing, or being under the influence of marijuana; and legislation will continue to apply to individuals who use marijuana as a tool to exploit or traffic another person. I applaud Minister Stefanson and the PC caucus for taking the leadership they have on this file.

I ask that our Liberal colleagues across the way work with the opposition not only on Bill C-46, but also on Bill C-45. There is no need to have an arbitrary timeline if it puts unrealistic dates for the full legalization of marijuana. I am equally concerned that the Liberals are not prepared to develop effective educational campaigns to deter Canadians from impaired driving.

If police departments and municipalities say they are not prepared or do not have the necessary resources or training required to manage the increased threat of impaired driving associated with marijuana, we must not move until they are fully equipped to do so.

I plan to host numerous meetings in my constituency over the summer on both Bill C-45 and Bill C-46. The legalization of marijuana and the conversation surrounding its implications should not just happen in this chamber or in committee rooms, but also in community halls, town halls and one-on-one with our constituents.

As I have always said, the legalization of marijuana has never been a top priority for me. I believe there are many more pressing issues. It is our collective responsibility to do all we can to ensure that if the Liberals want to legalize marijuana, they do not do more harm than good.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, with respect to the member's hypothetical, it is a legal stop to check someone whose car has a broken tail light. Bill C-45 has other things to say about how much a person carries with him or her and if it is legal to have it in a vehicle. Under these provisions, if the officer has reasonable grounds to think that the person is impaired, then his or her driving should be tested.

The point of my speech was that I do not think we have the science to know if people are impaired from cannabis in the same way they are from alcohol. Someone could be pulled aside and found to have THC in his or her body, as I understand the science, even more than 24 hours after the last time they had any.

I do not think the officer in the member's hypothetical is without any remedies whatsoever, but that goes to the legal control over how much cannabis one can have under the terms of Bill C-45. Someone under the age of 18 is not allowed. There are a lot of other rules that would apply in that circumstance beyond this, which deals with roadside inebriation.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I rise today in this 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. In simpler terms, this bill seeks to address drug-impaired driving, more specifically regarding marijuana use.

This bill goes hand in hand with Bill C-45, which provides a framework for the legalization of marijuana. The NDP has always stood for sensible measures to prevent impaired driving. This bill is a step in the right direction. We have to focus on powerful deterrents that can actually help prevent tragedies. Therein lies the weakness of this bill.

Before this legislation comes into effect, we need a robust public awareness campaign, and that has not been done. I will discuss that over the next few minutes. Also, Bill C-46 does not clearly define the levels of marijuana in saliva that would qualify as impairment. That is another problem.

We need a strategy that is based on science in order to stop impaired drivers. The bill sets out no reliable strategy or benchmarks that would make it possible to set clear limits around THC levels.

Impaired driving is the number one cause of criminal death in Canada. This is a very serious problem that affects every part of the country, and we must address it. We must do everything we can to raise awareness around driving while impaired, either by drugs or alcohol, and to put prevention programs in place. We must give those that make arrests, like the police, all the tools they need.

Canada has one of the worst impaired driving records in the OECD. We have a lot of work to do. Cannabis legalization will have a number of repercussions. We will need to be ready, and we will need to take the necessary steps to mitigate these repercussions. We have to develop an effective public awareness campaign, and the Liberal government has to properly fund it. There is no such campaign at present—the work has not even begun yet. The proposed funds are not only lacking, they have not been invested yet. Despite all of that, the marijuana legalization legislation will be coming into force in about a year's time.

The Canadian Automobile Association, or CAA, a well-established association of which I am a member, recently ran a headline on that very question that read, “Federal marijuana announcement step in right direction but leaves unanswered questions”.

As we know, the CAA is a group that advocates for drivers and other road users. Without wanting to promote the CAA, I still want to say that they are now looking after cyclists, too. I will now read a quote from the article in question that is well worth hearing:

While the government committed today to making more money available to train police in drug recognition and to acquire testing devices, it didn’t say how much or when it will be available.

I will read more later, but the gist of it is that police, law enforcement in general, needs proper training. They need every tool available to address the reality of people driving under the influence of marijuana. The government has made no information available to us. We have neither the tools, nor the funds to deal with this issue. This is a big problem. It is one of the bill's weakest points.

The article continues as follows:

The government also reiterated a budget 2017 commitment to spend less than $2 million a year over five years on public education—a sum that is clearly inadequate, given the misconceptions about marijuana’s effect on driving.

Less than $2 million a year is not enough. What is worse is that the plan offers nothing tangible, specific, and of enough substance to tackle the many misconceptions that currently exist about marijuana use and its effect on drivers.

Some people still believe that smoking marijuana has no effect on their ability to drive. Some even believe smoking marijuana makes them better drivers. We must bridge that information gap with a massive information awareness campaign that will go on not just for one year, or two or even three, but rather in perpetuity. We must ensure information is always available when we are dealing with dangerous substances. For example, in the case of alcohol, education campaigns designed to prevent the consequences of impaired driving are still ongoing and will keep going for another 10 or 20 years. We can never stop educating people. As the CAA points out, less than $2 million is but a drop in the bucket, given current needs.

In response to the Liberals' marijuana legalization bill, the Société de l'assurance automobile du Québec, or SAAQ, has already kicked off its campaign to raise awareness about the effects of cannabis on driving. The bill has also put pressure on the provinces, which are increasingly called upon to invest in awareness and prevention so that people, especially kids, who are our future, have all the information they need.

The SAAQ's campaign costs money. The Liberal government has yet to give our municipal and provincial governments a single red cent. The bill should specify the percentage of taxes going to the federal, provincial, and municipal governments. That would guarantee that the provinces and municipalities will not get shortchanged in the long run.

This is critical, as those who really need the tools and the funds to properly educate our youth and raise their awareness are the schools, our social organizations, everyone involved in health care, everyone working with young people, youth centres, and stakeholders at every level of government.

Being legal does not make a substance safe. Marijuana use creates all sorts of health and social problems. People need to know about this. They need to take every precaution if they decide to consume marijuana. Personally, I would prefer it if marijuana, cigarettes, and alcohol were no longer consumed, but as we all know, the world does not work that way.

We need to make all the information available so that people can take the necessary precautions if they decide to consume cannabis, and so that no one ever drives under the influence, which would certainly be dangerous. This information should reach the public, and especially young people, to ensure we make everyone safer.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, I am pleased to rise in the House this evening 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. This bill was introduced in conjunction with Bill C-45, the cannabis act, and aims to update Canada's impaired driving laws.

Updates to these laws are welcomed and there is unfortunately much to be improved on in Canada regarding impaired driving. Over the past three decades, all provinces have seen significant decreases in their impaired driving rates.

For a significant majority of Canadians, a group that is growing larger each year, gone are the days when drinking and driving was totally socially acceptable or even something that was excusable once in a while. This has been a very important shift in culture that has saved countless lives.

The year 2015 marked the lowest rates of impaired driving incidents since data on this had been collected, starting in 1986. Since 1986, incidents have decreased by 65%, with a 4% drop from 2014 to 2015. However, there is still work to be done. In 2015, police reported 72,039 impaired driving incidents, representing a rate of 201 incidents per 10,000 of population. This is significant.

Impaired driving is still one of the leading causes of criminal death in Canada, and Canada continues to have one of the worst impaired driving records in the OECD. It is clear that we need to keep making progress on this front.

Criminal penalties for impaired driving, while an important component of restorative justice as a signal that our society condemns a behaviour and as a deterrent from committing an act, will not alone prevent a behaviour from occurring.

Simply put, if someone is being charged with an impaired driving offence, the damage is already done. In the worst situations, it means an innocent life has already been lost. Once someone is impaired, be it due to illegal drugs, legal narcotics, or alcohol, it represents a failure in our duty to properly educate the public about the dangers of this behaviour.

Given that government is moving forward with legalizing the recreational use of marijuana, now is a crucially important time to embark on public outreach, awareness, and education programs to inform Canadians. Canadians need to be informed, not just about legalization, not just about new criminal sentences for this or that, but about what constitutes impairment, what the dangers of impairment driving are, and alternatives to impaired driving.

The NDP, from the outset of this initiative, has been calling on the government to take the lead on public awareness campaigns that promote deterrence before anyone gets behind the wheel. The statistics show that campaigns and programs like these have resulted in a decline inn alcohol-related incidents, so these efforts should be continued and expanded, given the current context.

The campaigns have helped Canadian contextualize impaired driving to understand it better for themselves and to intervene when others might be about to engage in it. Education as simple as one glass of wine has a similar amount of alcohol as one beer and one shot helps dispel some of the myths and misunderstandings of impairment.

Unfortunately, thus far, the government has not held that leadership role in helping contextualize what constitutes what constitutes drug impairment. In fact, the government has shown a lack of leadership by leaving the legal limits up to regulation to be set later.

The government has made recommendations around two nanograms, five nanograms, and a hybrid offence for those with alcohol and drugs in their system, but these are not set. It has also not taken the lead on explaining to Canadians how a person reaches those levels of impairment, for how long they can expect to be impaired, and other important aspects of conceptualizing this new legal landscape.

It also is not clear that the limits suggested will not result in the arrest of individuals who are not impaired. The Canadian Medical Association has stated, “A clear and reliable process for identifying, testing and imposing consequences on individuals who use marijuana and drive absolutely needs to be in place nationally prior to legalization.”

This is because, like alcohol, consumption method, consumption frequency, and personal metabolism can impact the level of impairment. Some experts are questioning using nanograms as a result. We need to ensure we are making evidence-based decisions, decisions based on science.

Canadians need to be able to make informed decisions. In the absence of information, there will be misinformation, and that would be a serious failure on the government's initiative should that occur.

The goal should be to create the social conditions where the criminal penalties being brought in by Bill C-46 are used as little as possible. People are not getting behind the wheel in the first place.

Like my other colleagues who have spoken on the bill, I am supportive of updating our impaired driving laws to reflect the changing realities and severity of these offences. However, like my colleagues, I am concerned with striking the correct balance regarding the civil liberties of Canadians.

Civil liberties groups and the legal community have expressed serious concern about the removal of the need for reasonable suspicion to conduct a roadside breath or saliva test. The concern stems not only from the potential infringement on civil liberties, but also that it will be disproportionately applied to certain visible minority groups.

It has been spoken about in the House that random and mandatory breath tests for alcohol screening could be challenged under section 8 of the Charter of Rights and Freedoms, the right to be secure against unreasonable search or seizure. It has also been mentioned that it could be challenged under section 9, the right not to be arbitrarily detained or imprisoned.

The British Columbia Civil Liberties Association has stated quite clearly in the past on mandatory breath testing that “Giving police power to act on a whim is not something we want in an open democratic society.”

It is my hope that at the committee stage the government takes the study of the bill very seriously. It will be imperative to hear from civil liberty experts, constitutional law experts, and health care experts. We need to understand the science of the testing. We need to ensure there is a robust educational program for Canadians so they know about this law, they know and learn about what the consequences are so they are responsible for their actions.

I sincerely hope the government will be open to amendments, even significant ones, should the evidence suggest that they are needed. This is simply too important to get wrong.

There are the outstanding questions.

Earlier I asked about the possibility of someone being in a room where there was a lot of marijuana smoking and whether that could get into the person's bloodstream even though that person was not actively smoking marijuana. In those cases, how would that be dealt with? Do we have the science in place to ensure people are protected in those circumstances?

With alcohol, for example, we have designated drivers. If people are in a crowd with people who are drinking but they are not, they will not be impacted. However, it may not be the case with marijuana.

My colleague from Vancouver Kingsway, the NDP health critic, raised some very critical questions, particularly for those who would use medicinal marijuana. When they consume the substance, and some of them may have to consume a lot because of a medical condition, what does that mean for them with respect to these implications? The THC could be stored in their bodies for an extended period. It theoretically could be the case that they did not smoke while driving. How would that be dealt with and are what are the implications? Does it mean in those instances they would still be liable?

There needs to be a lot of clarification with respect to that and there needs to be public education. People need to know and understand that. People in the medical community who are prescribing medicinal marijuana need to let the patients know the risks and what impairment might mean.

I am, at this stage, not sure where the science is. There are a lot of questions out there. The science has to be solid as we move forward.

Finally, we do not ever want to see tragedies. We do not want to see anyone's life lost because someone was behind the wheel impaired, whether it be from alcohol or any other substance. That has to be paramount. We have to move forward to bring in laws to ensure that it takes place through education, through enforcement, and most important of all, through our own self-imposed responsibility for our own actions. People need to be clear about what those laws are so that they can make sure they do not do what is so wrong. Once it is done, they cannot take it back.

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I will begin by thanking my colleague for his presentation on Bill C-349.

I am pleased to join this debate on a bill that proposes to amend the Criminal Code to create a scheme to list criminal organizations and to also create a new offence prohibiting the wearing of emblems of listed criminal organizations. The rationale behind these proposals as put forward is to make it easier for the police and prosecutors to investigate and prosecute offences committed by criminal organizations.

We have already heard a number of concerns expressed about this bill. I share those concerns, and accordingly will be encouraging all members to vote against it.

Organized crime is of great concern to all Canadians and all levels of government. As a former federal prosecutor, I take this issue very seriously. Whether it consists of loosely organized street gangs or highly structured motorcycle clubs, organized crime pervades almost every aspect of society. Activities such as the theft and resale of legal commodities, the trafficking of drugs and firearms, terrorism, money laundering, fraud, and human trafficking cost the Canadian economy billions of dollars and also pose great risk to the safety of Canadians.

Not only does organized crime have a direct impact on the Canadian economy, as I said, but the violence used to commit these crimes for the benefit of criminal organizations affects innocent people, decreases public safety, and undermines the fundamental values of our society.

In 2013, Criminal Intelligence Service Canada stated that there were 672 criminal organizations reported in Canada, most of which were located in metropolitan areas, especially in cities where there are ports or a larger economy. CISC also reported that the majority of organized crime groups in Canada are involved in drug trafficking due to the high revenue of Canada's import and export drug market. In this regard, I would just take a moment to note that our government's approach in Bill C-45 aims to deprive criminal organizations and gangs of the very source of revenue they use to continue to profit from the trafficking of illegal drugs.

Canada's black market is currently valued at approximately $77.83 billion, with drug trafficking accounting for approximately 57%, or $44.5 billion, so the figures have some significance.

The structure and operation of organized crime also seem to be changing. Historically, organized crime consisted of complex and cohesive groups, such as outlaw biker gangs and the mafia, and each group tended to be involved in specific criminal activities for long periods of time.

Today, organized crime is more fluid; gangs come together for different purposes and work together to achieve their goals, relying on particular skills to carry out a specific criminal act. Once the criminal act is complete, these individuals may or may not continue to work together.

This point highlights one of the reasons why I do not believe that Bill C-349 is the appropriate solution for addressing certain challenges related to the investigation and prosecution of criminal organizations. Most groups are fluid and, as a result, keeping a current list of those groups would be an ongoing challenge that would take a lot of time and resources, and would probably be useless in most cases.

The Criminal Code already includes solid legislation to fight organized crime, and contains four specific offences. Those offences cover those who support the activities of criminal organizations, those who commit offences for criminal organizations, and those who ask others to commit offences for criminal organizations.

The Criminal Code also contains tougher sentences for offenders linked to organized crime, ensuring that those people are punished more severely. Finally, the Criminal Code contains specific provisions covering organized crime.

Bill C-349 proposes to amend the definition of criminal organization in the Criminal Code to include any criminal organization as prescribed by the Governor in Council.

I know that some commentators have found it frustrating that every time a court makes a finding of act that a group meets the definition of a criminal organization, that this finding carries no weight in a subsequent prosecution involving the same group. However, I believe that the proposal in Bill C-349 to overcome this so-called redundancy is not an effective solution and may actually create more practical problems than it would solve. For example, there is a risk that if a group is a listed entity, law enforcement would decide not to collect evidence as thoroughly as they do presently, relying on the assumption that it is unnecessary.

However, reliance on the list to prove the existence of a criminal organization would almost certainly be challenged during a prosecution for a criminal organization offence, as we have seen in the past. For example, defence counsel could argue that the listed group is not the same group as the one at issue in the prosecution, slight variations in the conspiracies, or improper motives that are being advanced differently from one case to the next. Accordingly, the prosecutor would still require evidence to refute this claim, evidence that may not have been collected.

Alternatively, a defence lawyer might argue that the court cannot rely upon the list because the evidential standard to list criminal organizations—that is, reasonable grounds to believe that the group is involved in organized crime activity—is lower than that required in a criminal trial, which is proof beyond a reasonable doubt.

These sorts of inevitable challenges would lead to delays and possibly to frustrated prosecutions, which I know no member in the House would like to see.

I am also concerned about the basis upon which a group would be listed. The bill says that the group has to have carried out "organized crime activity", but that phrase is not defined in the bill. Does organized crime activity mean only criminal offences, or does it also include conduct that facilitates the ability of a criminal organization to commit crimes? This is another area that would inevitably be challenged in court and could cause years of delay and confusion.

I also have some questions about the charter viability of the proposals in the bill. It is fundamental that the crown bear the burden of establishing all essential elements beyond a reasonable doubt. I have serious concerns that the listing process may indeed interfere with an individual's right to be presumed innocent under the charter. Relying on such a list would most likely lead to charter challenges, which would further complicate the prosecution instead of simplifying it. This would also add to the length of these trials and further clog up our courts.

In light of the Jordan decision, we should be mindful of any changes that might make our criminal justice system slower and less efficient. It is also worth noting that the listing process itself is a time-consuming undertaking for the machinery of government and that it would require substantial and ongoing resources to attempt to keep the list accurate and up to date.

The proposal to create an offence of wearing an emblem of a listed criminal organization also carries charter risks relating to the accused's right of freedom of expression. Although I think we would all join in saying that we find some of these expressions in their emblems and patches to be highly offensive, potentially putting at risk the outcomes of these trials could create delay. Indeed we have seen some cases already in the province of Saskatchewan, which has struck down proposals similar to the one we see in Bill C-349.

One effective way of combatting organized crime is to prevent these groups from profiting through the black market. In that respect, our government's introduction of Bill C-45, concerning the legalization and strict regulation of cannabis, will have a positive impact on reducing the role of organized crime in the sale of cannabis and will take the illicit profits out of their hands. It will also keep it out of the hands of our children, as my colleagues have pointed out very ably on numerous occasions.

While I recognize the pervasive threat organized crime poses to Canadians, I do not believe the bill would improve the criminal justice system in any practical way and could quite possibly create more challenges than it would solve. For these reasons, the government will not be supporting Bill C-349. I would encourage all members to vote it down.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, the member has provided a great deal of information and education on this issue, and I know that as the former justice minister, he has worked very hard to make sure that we are protecting Canadians.

I always return to the fact that we still have impaired driving from drinking, let alone now moving into drugs. We are only 13 months from Bill C-45 being enacted, and we are going to see drug-impaired Canadians out there. We already know that drunk driving has not ceased just because we have fantastic campaigns like MADD. Now we would add another level of issues to this topic.

I believe that when we are looking at cannabis use in Bill C-46, we have to recognize that it impairs people differently. It may be a person who has smoked it daily for the last 20 years or it may be a young teenager who has smoked it for the first time. We have to recognize that because the legislation in Bill C-45 is not tight enough, there are going to be 16-year-olds who are going to have access to cannabis and we have to understand that there are going to be 16-year-olds on the road with cannabis in their system who have just learned to drive in the first place.

I want to hear from this former minister on Bill C-46. What is his recommendation for the level of cannabis in someone's system? I truly believe it should be zero, and I want to hear from him on that. What are some of his recommendations? We know that our law enforcement agencies are going to have a lot on their hands.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, I am almost sorry that we cannot go right to the question period.

That said, it is my responsibility to address a number of the concerns that we in the Conservative Party have with respect to Bill C-46. While the Conservative Party has always been in favour of toughening laws to discourage drinking and driving, this legislation has some flaws that need to be remedied prior to its coming into law.

The first quandary I will address is the fact that the Liberals are ignoring their own task force recommendations to implement extensive marijuana and impaired driving education and awareness programs prior to the legalization of marijuana. Rather than choosing to be measured in its approach, the government is selecting to ram this legislation through. Officials from both Washington State and Colorado have stressed the importance of starting educational campaigns as soon as possible, before legalization, yet the government has no concrete plans in place to speak to this.

The Liberals have created a false deadline for political gain, and in doing so have placed the health and safety of Canadians at risk. The agenda of any government should never supersede the well-being and security of its citizens. For example, the Canadian Automobile Association, the CAA, has requested that the Liberal government implement a government-funded education program warning about the dangers of driving while impaired under the influence of cannabis prior to the legalization of the drug. They have also requested that police forces be given adequate funding to learn how to identify and investigate drug-impaired drivers.

The government has imposed a timeline that is unrealistic. Education is imperative. The National Post printed a story on May 17, 2016, in which it cited that in a State Farm survey, 44% of all Canadians who smoke marijuana believed it made them better drivers. As a matter of fact, the Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, the former chief of police of Toronto, stated recently in the chamber that 15% of teens believe that smoking marijuana makes them better drivers. His figures may err on the side of caution, but the government is obviously aware that educating drivers is necessary. Why, then, is it that the government is not implementing the required programs in order to keep Canadians safe on our roadways?

A study commissioned by the CAA and conducted by Earnscliffe Strategy Group found this figure to be higher than 15%, and in fact it is was 26% of all drivers between the ages of 18 and 34 believe that driving while high on marijuana made them better drivers. The figures may vary, but the facts are clear. An increasing number of drivers believe that marijuana enhances their capabilities on the road. Jeff Walker, the spokesperson for the CAA, concurs. He said:

There are a lot of misconceptions out there that marijuana doesn’t affect your driving, or even worse, it makes you a better driver.

He then went on to say:

There need to be significant resources devoted to educating the public in the run-up to, and after, marijuana is legalized.

Why is it that the government is ignoring calls to ensure the safety of all Canadians on our roadways by funding and offering an adequate public education program? It is our responsibility as parliamentarians to combat the fallacy that cannabis use while driving is not a hazard to road safety.

The statistics are clear, but the Liberals are more focused on fulfilling an election promise than protecting Canadians. On the Peace Tower is the inscription, “Where there is no vision, the people perish.” The Liberals are showing a lack of vision. Again, the Liberals are imposing a deadline in order to fulfill one of their election promises. Rushing such legislation is against all recommendations, including that of the CAA and the Liberals' own task force.

As members know, the Conservative Party has always supported measures that protect Canadians from impaired drivers. Drug-impaired driving is a real concern in Canada. The Department of Justice's own statistics cite a 32% increase in deaths from marijuana-involved traffic accidents in the span of a year.

In Colorado, marijuana-related traffic deaths increased by 154% between 2006 and 2014. This was according to a study done by Rocky Mountain High Intensity Drug Trafficking Area, a collaboration of federal, state, and local drug enforcement agencies.

It is wrong that the Liberals should ram this legislation through without consideration for the well-being of our citizens. Douglas Beirness, a senior researcher with the Canadian Centre on Substance Abuse, gave voice to similar concerns when he acknowledged, “We’re getting a picture that people who are using cannabis are dying in greater numbers than ever before.” The government needs to ensure that Canadians understand the risks of impaired driving before moving forward with this legislation. At this point it would seem that the Liberal logic is skewed.

Another consequence to rushing this legislation through is that it does not address the concerns police forces have in respect to detecting drug-impaired drivers. Superintendent Gord Jones of the Toronto Police Service, the co-chair of the Canadian Association of Chiefs of Police traffic committee stated, “We’re having our challenges. The most pressing one is that we don’t know what the legislation will look like. It makes it hard to train and prepare.”

The Conservative Party is concerned that our police currently do not have the resources and training they will require to manage the increased threat of impaired driving associated with the legalization of marijuana.

The following excerpt is from the February 4, 2017, edition of the Ottawa Citizen:

Under legislation introduced in 2008 to update impaired driving laws, drivers suspected of drug use have been required to participate in a drug evaluation conducted by a Drug Recognition Expert, or DRE.

These police officers, trained to an international standard, rely on their observations to determine whether a blood or urine test is warranted.

The problem is that there are fewer than 600 trained DRE officers in Canada. An assessment conducted in 2009 estimated that Canada needs between 1,800 and 2,000 and the training system isn’t equipped to pump out trained officers any faster.

It goes on to say:

Cannabis affects tracking, reaction time, visual function, concentration and short-term memory. Signs of cannabis use include poor co-ordination and balance, reduced ability to divide attention, elevated pulse and blood pressure, dilated pupils, the inability to cross the eyes, red eyes and eyelid or body tremors.

The government must address the shortfall in DRE-trained officers if it is to sufficiently test for drug-impaired drivers. I reiterate that the Liberals must have trained DRE officers in place prior to the passage of Bill C-46. They have put the cart before the horse. The order that they are proceeding in is wrong, and the result will be more deaths on Canadian roadways.

Additionally, testing for cannabis is far more bomplicated than testing for alcohol. While the timing of alcohol consumption is readily detected with a breathalyzer, the smelling of cannabis does not necessarily mean it was recently consumed, as drugs absorb at a different rate than alcohol. Chemical traces of cannabis remain in the body longer than alcohol. Whereas breathalyzers are recognized by the courts, there is no such precedent with drug-impaired driving. There will be challenges until there are court decisions.

Let me be clear. When the Conservatives were in government, we supported increased penalties for crimes that put Canadians in danger, such as impaired driving. It is interesting to note that the Liberals opposed legislation that imposed higher maximum penalties. Their approach now simply makes no sense. The Conservatives introduced a private member's bill on impaired driving, as my colleague pointed out, Bill C-226, and the Liberals opposed that legislation.

Bill C-46 raises concerns with regard to law enforcement. Let me be clear. For nine years the Conservatives fought hard to bring in tough impaired driving legislation which the Liberals, as we know, opposed at every opportunity. Now they wish to introduce Bill C-46 to counter their own legislation, Bill C-45, the bill that would legalize the sale and consumption of marijuana. If reasonable suspicion were to remain a criterion, the public would be fully protected, both in terms of their charter rights and freedoms and in regard to their safety on the roads.

Another troubling aspect of Bill C-46 is the fact that it will inevitably cause more court backlogs and delays when individuals would find themselves in the position of having to challenge the legislation.

The Liberals have already created an unnecessary crisis in our legal system by refusing to appoint the required number of judges. It was just pointed out today during question period that they have not. As a result, alleged rapists and murderers are being set free as court cases across the country are being stayed following the Jordan decision. I am guessing that Bill C-46 would further burden the law courts with challenges, worsening the current crisis.

Canadians could lose confidence in their justice system, and unless amendments are made to Bill C-46, disaster will ensure if more and more cases are dismissed. I find it ironic that they would abolish the $200 victim surcharge for murdered victims' families in the name of alleviating financial hardship on the convicted, yet would seek to financially burden citizens who may be forced to challenge this legislation.

The marijuana task force report's advice to the ministers, on page 44, was as follows:

“The Task Force recommends that the federal government invest immediately and work with the provinces and territories to develop a national, comprehensive public education strategy to send a clear message to Canadians that cannabis causes impairment and the best way to avoid driving impaired is to not consume. The strategy should also inform Canadians of the dangers of cannabis-impaired driving, with special emphasis on youth, and the applicable laws and the ability of law enforcement to detect cannabis use.”

The task force went on to recommend that the federal government “invest in research to better link THC levels with impairment and crash risk to support the development of a per se limit; determine whether to establish a per se limit as part of a comprehensive approach to cannabis-impaired driving, acting on findings of the drugs and driving committee; re-examine per se limits, should a reliable correlation between THC levels and impairment be established; support the development of an appropriate roadside drug screening device for detecting THC levels, and invest in these tools; invest in law enforcement capacity, including DRE and SFST training and staffing; and invest in baseline data collection and ongoing surveillance and evaluation in collaboration with provinces and territories.”

The report went on to say, “While it may take time for the necessary research and technology to develop, the task force encourages all governments to implement elements of a comprehensive approach as soon as feasible”.

Thus far, we have not seen any plans to make sure these recommendations are put into effect. Why is that? Could it be that the government simply does not have the money? I find that hard to believe. I think it has the money for everything. The government's own finance department produced a report that says it is not going to be worried about a balanced budget until 2055, so what is the problem with the government spending more money?

The government needs to put the welfare of Canadians first and foremost and before its own political agenda. It is simply wrong that the government would not provide the necessary education, detection tools, deterrent policies, evaluation data, and national coordination between the provinces and territories to inform Canadians on the dangers of drug-impaired driving. This should be part of an overall legislative approach to implementing Bill C-46. The absence of these components, in addition to adding further strain on our already overburdened courts, would make the hasty passage of this bill reckless.

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, drug-impaired driving is a concern taken very seriously by the government. I have spoken at length with the minister and the parliamentary secretary about this problem.

Bill C-46 is an important piece of the puzzle to go along with Bill C-45, which is the legalization of cannabis. Bill C-46 does deal with impairment by cannabis, and there will be saliva-based testing.

As a member of the Standing Committee on Justice and Human Rights, I look forward to hearing the scientific evidence from legal experts, scientists, and so on as to how this roadside screening will work. I am looking forward to hearing that testimony as soon as this place can get the bill to committee.

Extension of Sitting Hours

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, I listened with great interest to the member's speech. It seemed to be on Bill C-45, the marijuana bill. He talked a little about the budget implementation bill, but I thought we were debating the extension of sitting hours. Perhaps I will ask a question on that since that seems to be what we are debating.

My question is fairly simple. Why is it that the Liberal Party is so intent on all of a sudden ramming legislation through the House after having such a lax legislative agenda thus far, sending it off to the other place where they amend it and send it back our way? Why do we not just take the due diligence here and actually accept opposition amendments, rather than sending it to the other place and having them amend it and send it back here?

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I rise on a point of order. As a member of the third party, and it is not something I like to brag about, we have fewer speaking spots. We can look at the fact that a closure motion was presented on Motion No. 14. There are no more New Democrats speaking tonight, so if the member is going to skip ahead to the business that is going to take place later with Bill C-45, perhaps he could sit down and allow others to speak, those who wish to talk about the important work we do here, which is part of Motion No. 14, the extended sitting hours, and other pieces of procedural rules.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, I rise on a point of order. I was a staffer in a former life. Sometimes I delivered the wrong speech to my former boss. If you ask the member, I think this is what has happened in this case. He is reading the speech on Bill C-45 and not on what we are to be debating.

I wonder if you, Mr. Speaker, can rule on this.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I appreciate my colleague's enthusiasm on this subject. However, if I am not mistaken, he is talking about Bill C-45, which is on the agenda for later this evening. Right now, we are talking about Motion No. 14.

[Pat Finnigan, Liberal, Miramichi—Grand Lake, NB]

Madam Speaker, when considering whether to allocate additional time in the House for debate, it is important to consider the significance of the legislation being debated.

Bill C-45 is important legislation that proposes to legalize, strictly regulate, and restrict access to cannabis. Despite decades of criminal prohibition, Canadians continue to use cannabis. In fact, Canadians have some of the highest rates in the world.

Currently, cannabis is grown and sold illegally, generating profits for criminals and organized crime with no concern for public health or safety. The current approach to cannabis is not working. Scientific evidence shows greater risks associated with cannabis use for youth than for adults. Moreover, risks are greater the younger a person starts using cannabis and the more often they use it.

The objective of the legislation is intended to delay the first use of cannabis and reduce the frequency of use. A sustained education and information campaign is also part of the approach. The bill would also impose serious criminal penalties for providing cannabis to young people or enlisting them in committing cannabis-related offences.

The bill is also about creating a legal and regulated market for cannabis, taking profits out of the hands of criminals and protecting public health through strict product requirements for safety and quality. The key components of our government's approach are first, protect youth; second, education and public awareness; third, product safety and quality controls; and fourth, goals and responsibility and implementation.

Let us begin with protecting youth.

We know that too many youth have easy access to cannabis. In fact, during the task force on cannabis legalization and regulation consultations nation-wide, a trend became clear: how easy it was for young people to obtain cannabis.

Young people are at the heart of the government's strategy to regulate cannabis and restrict access to it for three reasons.

First, there are risks associated with the use of cannabis. Even though some people use it for medical purposes, it can still be harmful to a person's health.

Second, young people are particularly vulnerable to the effects of cannabis on the development of the brain and brain function because their brains are still developing.