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.

Report Stage

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

Mr. Speaker, one the goals of the bill, the government tells us, is to try and keep marijuana out of the hands of young people. The Liberals also tell us that they want to keep marijuana sales out of the hands of organized crime.

I had the chance to ask the justice minister that question. As someone who is not opposed to the legalization of marijuana, I did say, nevertheless, that the only way we can keep marijuana distribution out of the hands of organized crime is to undercut the price that organized crime is selling it at. If we do that, we would be lowering the price for all those who buy it, including young people. However, if the government tries to make direct sales to young people unlawful, presumably that would open up the space for organized crime.

I have not seen the Liberals square the circle on this particular policy point, and I wonder if my colleague could shed some light on this issue.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, this is exactly what the government is doing. Pardon the pun, it is sucking and blowing on this particular bill, because there is no way to square that circle. We cannot undercut the black market and keep it out of the hands of children at the same time. The government has no concept of how economics work. Therefore, with the bill before us, it is “a pie in the sky, just trust us on this”, and that is exactly what the government is asking us to do with the bill. Therefore, I will not be supporting it.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is unfortunate that the member has drawn the conclusion that he will not support this proposed legislation. This is legislation that was campaigned on in the last federal election, and the government got a very strong mandate. I think that Canadians as a whole want to see cannabis and marijuana dealt with in a very progressive fashion, and we have a bill that would really make a difference.

In terms of the criminal element, and the number of young people, this is good-news legislation. I would suggest to my Conservative colleagues across the way that they might want to reconsider their position on this proposed legislation. I believe society will be in a better place if we have a regime where there is strong regulation and the ability to keep more cannabis and marijuana out of the hands of children. We know that, here in Canada, we have the highest percentage per capita of children using cannabis of any country in the world.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, what we have here is a bill that is nothing like what the Liberals ran on in the federal election. In addition to that, the strong mandate that the member talked about is 39% of Canadians in support. It is not the majority of Canadians who have supported them. If the member is so adamant about the Liberals' position that they ran on in the election, they would have come up with a much more coherent bill.

The bill before us tries to say two opposite things at the same time. I do not know what to say on it anymore. The entire point of my speech was that the bill is nothing more than wanting to raise taxes off the legalization of marijuana. When we look at it through that lens, suddenly the bill might make a little sense.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I am grateful for the opportunity to speak to Bill C-45.

Before I start my comments on Bill C-45, let me take a minute to reflect on the upcoming weekend and the remembrance services that many of us in this room will be attending this coming weekend, and to thank our veterans for the freedoms that we enjoy. Last weekend, I had the privilege of attending a number of remembrance services in New Dundee, New Hamburg, Linwood, and Elmira. This coming weekend, I will be in New Hamburg, Waterloo, Kitchener, and Elmira again. Let us just to think of the sacrifice that our veterans have made, and thank our legions for the great work that they do in not only supporting our veterans but also in helping us never to forget. I want to highlight that before I get into my remarks on Bill C-45.

There are a number of really important issues that are dealt with in this chamber on a daily basis. Over the last number of weeks, we have discussed a number of them, from rising debt to taxation, supposedly fair taxation, the economy, the deficit that is growing every day, and the amazing excessive interest we will be paying on that over the next four years of $33 billion per year. All of these things are important. However, in relation to the topic before us today, really they are of minor significance. This topic we are discussing today will have a life-changing impact not only on our youth and our citizens but on the very nation of Canada. I think it is important that we think clearly and soberly about the changes we are making, especially as it relates to three areas.

I first want to refer to our youth. That has been referred to many times today, the health, safety, and well-being of our children and our grandchildren, the safety of all Canadians on the roads, and the social risks that are involved in our communities with complaints and issues that will arise between neighbours.

However, let me first refer to our youth.

In question period today, my colleague from Richmond—Arthabaska, and I just happened to catch it, made this great statement that the decisions we make reveal the values we hold. How much do we, as members of Parliament, in this room value the youth of Canada? That is a question that we need to ask. I believe youth are a sacred trust that every one of us in this room has an obligation to guard seriously. We cannot take this obligation lightly.

The Liberals claim repeatedly that the purpose of this legislation is to protect our young people and to increase public safety. How can we keep this drug out of the hands of our youth when we are actually allowing four plants per household? How can we say we are keeping it out of the hands of our youth when we are allowing 12-year-olds to have up to five grams in their possession? We often hear of people being polled about whether they favour the legalization of marijuana, and the polls are all over the place, but it is somewhere around 50:50 or 60:40. However, I am convinced that if we were to give the details of what this bill entails with respect to the availability of four plants per household and up to five grams for 12-year-olds, we would get a much different answer.

The Canadian Medical Association and the Canadian Psychiatric Association have both stated that Canadians who consume marijuana recreationally under the age of 25 have a higher risk of developing mental illness, such as depression, schizophrenia, and bipolar disorder. We can all probably tell some anecdotal stories of family members or neighbours who have been derailed by the early use of marijuana.

The Canadian Psychiatric Association says:

Regular cannabis use in youth and young adults can affect aspects of cognition...attention, memory, processing speed, visuospatial functioning and overall intelligence. Worse performance is related to earlier adolescent onset of use.

I do not know how much earlier an onset one could get than offering this availability to a 12-year-old. Therefore, parents and grandparents are very concerned about the direction in which this bill is going.

Dr. Diane Kelsall in the Canadian Medical Association Journal wrote, “Most of us know a young person whose life was derailed because of marijuana use. Bill C-45 is unlikely to prevent such tragedies from occurring—and, conversely, may make them more frequent.”

There are far too many young people who have already been derailed. These are not just opinions, these are medical and psychiatric experts, and it is important that we listen to them.

I want to use the bulk of my time today to listen to one of the youth of Canada, who is concerned that this legislation and the actions we approve here in this House would, or could, in fact derail young people. She does not want to be one of those derailed, and she does not want her friends to be derailed. This young person is my granddaughter who wrote this two years ago, in November 2015, when she was 15 years old. She wrote:

Marijuana, the dangerous substance that damages our lungs, brain, educational value and social activity is the substance the government of Canada is trying to legalize. Claims say that legalization will erode the black market but in reality, legalizing marijuana will give people easier access to the drug. Recently I heard the testimony of a man who at age 14 was heading to Toronto for 420 with one hundred dollars worth of Marijuana. The fact that ten years ago a 14 year old boy who had no job and no car was able to get his hands on one hundred dollars worth of weed blows my mind. Can you imagine how easy it would be for someone to get marijuana now, especially if it were to become legal? Easier access to Marijuana will have many negative effects for Canada such as major health damage, ruining our educational system, our workplace and our society. The future of Canada rests in the hands of our generation, there is no way marijuana will be a positive tool in that regard....

With long term and short term effects the list of things that marijuana does to damage your health is endless. Short term effects include impaired memory, impaired body movement, changes in mood, hallucinations, paranoia, difficulty thinking and problem solving. Along with temporary damage Marijuana proves to once again be a dangerous substance having a long lasting effect on your brain and mental health. A study showed that people who started heavily smoking marijuana in their teens lost an average of eight IQ points between ages of 13 and 38. Even after quitting as an adult the lost mental abilities did not fully return. There are many different ways to consume Marijuana but no matter which way, it is harmful. Marijuana smoke contains the same tar and chemicals that are found in tobacco smoke which will lead to the inflammation of bronchitis. The drug harms cells lining and respiratory tract leading to precancerous changes that are associated with lung, head and neck cancer. Marijuana also stimulates your heart rate and blood pressure which can increase the risk of heart attack among individuals. I have named only a few of the health risks that occur when marijuana is consumed however, I hope that this is enough to strongly discourage you from believing the legalization of medical marijuana will infact be a positive thing in any way shape or form.

She went on:

The damage of marijuana does not end with your health, the drugs negative effect leads into your educational life as well. A review of 48 different relevant studies all found that marijuana use is associated with reduced chances of graduating. A recent analysis of data from studies in Australia and New Zealand found that youth who have used marijuana regularly were significantly less likely to finish highschool and obtain a degree than their non-using peers. Marijuana is encouraging lazy work habits and a 'don't care' attitude, leading students down the path of becoming a high school dropout. The National Institute of Drug Abuse (NIDA) reports that while under the influence of marijuana the still developing brain will have difficulty retaining memories, when related back to school this can seriously affect your learning skills as a student. “Falling behind in school is par for the course when marijuana use is a factor. It's not an issue solely based on loss of memory; they also report that psychological skills are reduced among students as well, decreasing their ability to sustain their self-confidence and remain focused on achieving academic and other goals”—NIDA. Even though marijuana is an illegal drug it has not stopped teens and students from buying and using the drug, what is to happen now if marijuana becomes legal? By legalizing this drug we are practically encouraging students to go out and get high, ruining their high school career and affecting whatever may lay beyond that....

Believe me when I say that marijuana not only negatively affects your health, your education but your social and work life as well. Studies show specific links between the use of marijuana and the workplace such as increased risk of injuries and accidents. One study among postal workers found that employees who tested positive for marijuana on a urine drug test had 55 percent more industrial accidents, 85 percent more injuries, and 75 percent greater absence compared with those who tested negative for marijuana. After all of the papers you wrote, tests you studied for and emotional trials you went through over the minimum of 16 years of schooling, is it really worth it to throw that all away for the temporary high of marijuana?

....Before make the decision to legalize this dangerous substance lets first think of all of the health risks caused by this drug, the negative effect that it would have on our educational system and how different and harmful the workplace and our economy would be with marijuana easily accessible and legal.

I have so much more to share.

Let me finish with some comments by Dr. Diane Kelsall, director of the Canadian Medical Association, in the Canadian Medical Association Journal. She says, “If Parliament truly cares about the public health and safety of Canadians, especially our youth, this bill will not pass.”

I hope my colleagues will listen.

[Bill Blair, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Health]

Mr. Speaker, I believe my colleague from Kitchener—Conestoga is sincerely concerned and I want to address some of those concerns so I might perhaps ease his mind.

My colleague has said, as did many of his colleagues earlier, that this legislation authorizes 12-year-olds to possess cannabis. That in fact is misleading, and it is really important for every member of the House to understand exactly how this law will be applied.

One of the harms that we are attempting to reduce in this legislation is the criminalization of kids. We do not believe the best way to protect our kids is to put them in jail, so under this legislation possession of over five grams will remain a criminal offence, but for amounts less than that, young persons aged 12 to the age of majority will be subject to an absolute prohibition on the possession, purchase, and consumption of this substance under provincial regulation.

We have worked with all of the provinces, and those who have already announced their regulatory regimes have made it very clear that they will enforce a prohibition. A young person between the ages of 12 and 18 or 19, depending on the provincial decision on what the age would be, would be subject to an absolute prohibition enforceable by a provincial offences ticket. The police could seize the drug. The police can charge the youth, not under the criminal law, but under a provincial statute. That is precisely how we deal with alcohol in each of our provinces and territories. This actually reduces a significant harm.

I hope this information might assist the member by addressing the concerns he has raised.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, the member said anything above five grams would be a criminal offence. The bill does not indicate that anything above five grams for those 18-years-old and beyond would not be a criminal offence. My concern remains.

When we give a message to youth aged 12 to 18 there will be no prohibition for being in possession of up to five grams of marijuana, and in addition give homeowners the ability to grow up to four plants within each household, we have a recipe for easy access for youth, and not one that would keep this drug out of their hands.

[Colin Carrie, Conservative, Oshawa, ON]

Mr. Speaker, I want to thank my colleague for sharing what young people are actually saying about this legislation. I have heard the same thing. My youth group also told me that this is a bad idea.

I would like him to address two important things that the Liberals keep repeating over and over again that I find very misleading. They have said the reason they are doing this is to keep it out of the hands of kids and organized crime. Everyone in the House would agree that that is a great thing to do, but this legislation would not do it. The Liberals are trying to push a message out, but I find it is really misleading and, in a way, very deceitful.

Could my colleague please address why the bill would not keep it out of the hands of kids and not keep the profits out of the hands of organized crime? We know it will not do that.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, the deceitful aspect of the bill is very similar to what the Liberals are doing on the taxation front. They say they are going to tax the wealthy and put those dollars into the hands of the middle class, when in fact in the last couple of weeks we have seen exactly the opposite. Those who are wealthy and well-connected have been left totally alone, with not a cent increase in their taxation, while those in the middle class who are working hard, including farmers and small business owners, are being accused by the Liberals as tax cheats.

To imply that this legislation would keep drugs out of the hands of youth is certainly not accurate when we see that kids aged 12 to 18 will be able to have five grams in their possession. This is not the way to go.

[Chandra Arya, Liberal, Nepean, ON]

Mr. Speaker, I heard the member mention the negative aspects of cannabis consumption, but he did not mention any solution. He did not offer anything.

The fact is that five or ten years ago when his party was in government, it did nothing. He would know their solution was often nothing. At least our government is taking steps to legislate and to invest in education. We are investing $46 million in public education and awareness. We are also investing $274 million to support law enforcement and border officials.

I request the member to address these issues also.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, the Conservative position is not to go down this very dangerous road. We have heard many times today about the Colorado experiment and what that state is doing. I do not have the very latest report, but I do have this one dated September 2016 showing some of the negative impacts. Marijuana-related traffic deaths have increased 48% in over three years on average, from 2103 to 2015. Before that period, the increase was only 11%.

I would ask for unanimous consent to table this document or, better yet, the updated one from 2017 to allow my Liberal colleagues to see the negative results in jurisdictions that have authorized the recreational use of marijuana. The statistics are alarming. For my colleagues not even to want to look at this, I find unconscionable. We have an obligation in the House to stand up for the protection of the youth of our country, and I hope we will do that.

[The Deputy Speaker, Bruce Stanton]

Just to be clear, is the hon. member for Kitchener—Conestoga requesting unanimous consent to table this report?

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Absolutely.

[The Deputy Speaker, Bruce Stanton]

Does the hon. member have the unanimous consent of the House to table this document?

[Some hon. members]

Agreed.

No.