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.

Cannabis Act

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Madam Speaker, to the contrary, we are presenting a solution to an already existing problem in our country. We recognize that the rate of Canadians who consume cannabis is extremely high and we are absolutely taking a public health approach when it comes to this. We want to ensure we legalize, strictly regulate, and control access to cannabis, specifically to our youth.

We have brought forward Bill C-45 to address exactly that. We are not encouraging the use of cannabis by any means, but we are recognizing that the rate of consumption among Canadian youth is already very high and we are absolutely addressing that specific issue.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Madam Speaker, we have to recognize that the present approach on cannabis is not working and we are presenting a solution to an existing problem. We recognize that many of our Canadian youth already consume cannabis. They are obtaining the product illegally and the product is not regulated or controlled. Therefore, our approach is a public health approach. We truly want to ensure we legalize, strictly regulate, and restrict access to cannabis by our youth.

When it comes to the age of 18, we consulted broadly with the task force, and it made that recommendation. With respect to provinces and territories, we are all aware that if they choose to make the age higher than 18, it is absolutely their choice.

Again, I have to make it very clear. We are taking a public health approach with respect to Bill C-45. We want to protect the health and safety of our children. During this process, we certainly are not encouraging the use of cannabis. It is quite the contrary. We want to ensure we can limit access to it by youth.

[Ginette Petitpas Taylor, Liberal, Minister of Health]

Madam Speaker, I rise to continue third reading debate of Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts.

The Standing Committee on Health has now completed its review of the bill and has heard from over 100 witnesses. I want to sincerely thank the committee members for their valuable insight and thoughtful contributions to the development of the legislation, and a special thanks for their hard work.

A number of amendments were adopted by the committee and will now be considered by Parliament. Our government supports these amendments. They include eliminating the proposed 100-centimetre height limit for the cannabis cultivated at home and committing to the regulations of edibles within 12 months of the bill's coming into force.

Given the transformative nature of the proposed legislation, we also support the amendments made by the committee that will require a review of the law three years after it is brought into force.

Bill C-45 is grounded in the interest of public health and safety. It is worthy of adoption by the House.

Bill C-45 would legalize, strictly regulate, and restrict access to cannabis for Canadians over the age of 18. By legalizing, strictly regulating, and restricting access to cannabis, this law would take profits from the sales of cannabis out of the hands of criminals and organized crime and protect the public health through strict product requirements for safety and quality.

Bill C-45 is grounded in protecting public health and would replace the current system, which clearly is not working.

Our bill focuses on protecting those whose cannabis consumption poses a greater risk to society: our young people.

Our bill includes tough new criminal sanctions for those who provide cannabis to young people or recruit them to commit a cannabis-related offence.

Our government intends to educate the public about the risks of using cannabis, so we are planning a major information and awareness campaign that will target teenagers and young adults first and foremost. That campaign will address a number of issues, including the risks of driving while under the influence of cannabis.

Bill C-45 is informed by the recommendations of the task force on cannabis legalization and regulation, which was led by the Hon. Anne McLellan. As well, on October 20, I met in Edmonton with health ministers from provinces and territories and we discussed the state of cannabis readiness.

I want to assure all of my colleagues that provincial and territorial governments will continue to play a crucial role in ensuring the health and safety of Canadians, especially young Canadians, when it comes to cannabis.

I would like to outline the bill's many strengths in greater detail.

Cannabis is the most commonly used illegal substance in Canada. Some 21% of our youth and 30% of young adults have reported using cannabis within the last year. Scientific evidence shows that the risks from cannabis use are higher for youth than adults. It also shows that the younger people are when they start using cannabis and the more often they use it, the greater the risk to their health.

The facts are clear: a lot of young people have access to cannabis, even more than in other developed countries. That is why our government is proposing to view the issue through the lens of public health. This bears repeating. Our government is not coming out in favour of cannabis and neither is it trying to make it more accessible to youth. It is completely the opposite. Above all, our government is seeking to protect our youth through strict cannabis regulation. As I mentioned before, too many young people can already get cannabis more easily than cigarettes.

Speaking of cigarettes, let us look at the anti-smoking measures that have been taken over the last 30 years. The government has different means of controlling access to tobacco and discouraging its use, such as a regulatory framework, controlled advertising and promotion, taxation, as well as warning labels on the risks of smoking.

Over time, this approach helped curb tobacco use significantly. The percentage of young smokers dropped from 27% in 1985 to 10% in 2015.

That is one of the reasons we are looking closely at lessons learned from the fight against smoking as we prepare our approach to cannabis.

First of all, our bill prohibits anyone under the age of 18 from possessing cannabis. This was one of the task force's recommendations. This age limit will protect our teenagers, and we believe that setting it any higher would contribute to sustaining the black market. The bill does stipulate, however, that the provinces and territories are free to raise that age limit.

Secondly, the bill protects our young people by placing tough restrictions on advertising related to cannabis use. It prohibits any advertising that could make cannabis appealing to a young person. It also prohibits the use of any packaging or labelling that could be appealing to our youth.

Cannabis promotion will be limited to communicating information to consumers. Once again, this information must not be presented in any way that could draw the attention of young people. Obviously, these measures will help limit access to cannabis for young people and reduce the product's appeal for young people.

Nevertheless, we know that it is less likely that young people today believe that cannabis is a significant health risk. That is why we will also be providing Canadians with information about cannabis, so they can talk to their children about the associated risks.

We must also educate and support adults in making informed and responsible choices that minimize the risks of using cannabis, including the dangers related to drug-impaired driving. That is why our government announced that we would invest $46 million in public education and awareness, and surveillance, and that work has already begun.

Our government will continue to provide leadership, invest resources, and work collaboratively on public education with other levels of government and key partners across the country.

Bill C-45 would also establish a legal and quality-controlled supply of cannabis for sale to adults.

The legalization establishes a number of clear rules to protect consumers and set national standards and controls for cannabis products. Under the proposed legislation and its regulations, the federal government will establish industry-wide rules on the types of products that will be allowed for sale in Canada, including rules governing how they are to be produced, tested, labelled, packaged, and shipped.

We will build on Canada's existing regulations and system of licensed production of cannabis for medical purposes, which has been recognized as one of the best systems in the world.

Let me reassure my colleagues that we are also looking to others who have already done this, and we are working closely with them. We are having ongoing conversations with other jurisdictions, such as Colorado and Washington states, to learn from their experiences and build upon the lessons they have learned. We want to get this right.

Putting in place a sound, effective system of regulated access to cannabis will require co-operation and collaboration from jurisdictions.

Under the bill, the federal government would be responsible for establishing and maintaining a comprehensive and consistent national framework to regulate the production of cannabis. For their part, the provinces and territories could license and oversee the distribution and sale of cannabis. Together with municipalities, they could also tailor certain rules in their own jurisdictions and enforce them through a range of tools, such as tickets for example.

We have worked closely with our provincial and territorial counterparts to ensure their input has been heard and taken into account. Earlier this week, we published a detailed consultation paper on our proposed approach to regulating cannabis. Over 60 days, we will undertake in-depth discussions with the provinces and territories, indigenous representatives and stakeholders. We are also inviting Canadians to submit their feedback online until January 20, 2018, on everything from licensing of producers, to product standards, to packaging and labelling.

In conclusion, the bill before the House today is designed to address the issues we are already dealing with. Our youth have access to cannabis. Our youth consume cannabis. Organized crime continues to profit from its unregulated sale.

Although we are proposing to legalize cannabis, we understand that its consumption, like that of alcohol or tobacco, should not be encouraged. That is why we are doing everything we can to protect our young people as we move forward with the legalization of cannabis.

Today, I am asking my colleagues to support Bill C-45 at third reading stage.

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

Madam Speaker, I want to commend my colleague on his earnest and heartfelt speech. Our Liberal colleagues would do well to read and reread his words, because his speech was full of common sense and, above all, gave us many real reasons to truly protect Canadians from the coming scourge of marijuana legalization.

I must rise again today to speak against the Liberal government's marijuana legalization bill. Quebeckers can count on the 11 Conservative members from Quebec to represent them. We know that most Quebeckers are against the legalization of marijuana, as proposed by this government. The 11 members from Quebec unanimously agree that, on Monday, they will vote against legalization.

I am going to tell the House what my Quebec colleagues think of the bill that has been sloppily cobbled together by the Liberal government. On Monday, the Liberal bill to legalize marijuana as of July 1, 2018, will go through third reading. Because the government has made this issue its top priority since it was elected, the Liberals will ram this bill through despite all opposition.

The Prime Minister will thumb his nose at everyone who spoke out against this initiative. He will continue to ignore vigorous public opposition. He will turn a blind eye to the facts, the studies, the science, and what Canadian society wants. We have seen over and over again that the majority oppose this bill.

So far, numerous organizations, associations, federations, and institutions have expressed their disapproval of the Liberal government's initiative and its rush to get this done. People across Canada are obviously worried, and with good reason.

The Prime Minister could not care less about what experts, scientists, social workers, police forces, and society in general think, and he never has.

The provinces and municipalities will have to shoulder much of the responsibility for the consequences of marijuana legalization, but they were not adequately consulted. Recently, unable to keep up with the Prime Minister's frenzied, reckless pace, the Government of Quebec once again called on the government to postpone enacting the bill.

Earlier this week, first nations members also asked for a delay. The Prime Minister categorically refused. True to his arrogant form, he is even forcing a ridiculously unfair revenue-sharing scheme on the provinces and municipalities, even though marijuana legalization will end up costing them a bundle.

The Prime Minister wants to offload the hefty health care and security costs onto the provinces and municipalities, while pocketing most of the revenue from marijuana sales, no doubt to pay down the Liberal's huge budget deficit.

Let us talk about the facts. Numerous studies have shown the negative impacts of marijuana on the brain, especially for people under 25 and those most vulnerable. Research has also shown that legalizing the drug will not help eradicate organized crime, as the Liberal government claims.

Furthermore, we already have a problem with impaired driving on our roads, and this piece of legislation will only increase the risk of accidents, injuries, and deaths. Also, Canadian police officers do not have the necessary training or tools to detect impaired drivers, not to mention the lack of oversight of drug use in public places and workplaces, and the added pressure on our health care systems.

The Liberals' bill obviously does not pass the smell test, nor does it come close to passing the common sense test. Not only are the Liberals going against what Canadians want with this bill, but they are also putting Canada in a difficult position on the international stage.

In fact, three international treaties will be violated if the government goes ahead with the legalization of marijuana. Also, Canada will be the only country in the G20 and G7 to make this substance legal. No other government in the world has legalized marijuana so quickly.

No other government has imposed so few restrictions on the possession of plants in the home and no specific requirements regarding public safety. For those reasons, we, the members of the Quebec caucus of the Conservative Party of Canada, will stand up in the House of Commons on Monday and vote against this bill.

If those words sound familiar, it is only because I was just reading from the joint letter that we, the Quebec caucus members of the Conservative Party, signed and published today to express our position on this bill, which will unfortunately pass on Monday considering the power of the Liberal majority, despite everything that experts, the general public, and police forces are saying, and despite what common sense dictates.

The letter is signed by the member for Richmond—Arthabaska, our political lieutenant, the member for Beauce, the member for Bellechasse—Les Etchemins—Lévis, the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, the member for Beauport—Limoilou, the member for Louis-Saint-Laurent, the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, the member for Lévis—Lotbinière, the member for Portneuf—Jacques-Cartier, and the member for Charlesbourg—Haute-Saint-Charles.

We on this side of the House have taken a clear stance. The government wants to move quickly on this without weighing all the facts. We believe that as of July 1, 2018, this bill will drastically change our society. This week we had the opportunity to meet with U.S. officials who are also very concerned about the impact that this bill will have at the border.

Our border with the United States is something we must take care of, something we must absolutely be concerned about. It is not complicated: we should ensure people are able to cross the border as easily as possible. The United States is our most important client. It is where Canadians go most often to relax. It is the place where we have the most ties, and it is our primary economic partner.

The United States is very worried about what is happening because their federal government considers using marijuana as a crime. Anyone who commits a crime outside the United States and admits it may be denied entry into the United States. That is what the Liberals are failing to tell Canadians.

Let us imagine that a person smokes marijuana, whether in their apartment or in a park, just before crossing the border. We know that the smell of marijuana really lingers and that it permeates just about everything near the person smoking it. When the canine units at the border sniff the scent of marijuana on this person, the U.S. customs officers may not find any drugs, but they will pull him or her aside to the dreaded car search area, where no one wants to go. They will search the entire car to locate the source of the scent, even if the individual does not have marijuana on their person.

Once the vehicle has been searched, they will question the driver. They will ask whether he or she has ever consumed marijuana, and I hope the driver will say no. Otherwise the Americans will have the right to turn that person back and ban him or her from the United States for a set period of time because they admitted to consuming marijuana, with is a federal offence in the United States. This is not something that the Liberal government is quick to point out to Canadians who are travelling to Florida, Arizona, or California, and it is also not something that they have settled with the Americans.

For that and other reasons, and especially because of the harm that this government is going to do to Canadian youth, I and my other 10 Quebec colleagues, will vote against Bill C-45 on Monday.

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Madam Speaker, I would like to advise you from the outset that I will be splitting my time with the member for Mégantic—L'Érable.

I rise to take the opportunity to speak today against Bill C-45, a rushed and ill-conceived piece of legislation, which many of my colleagues have already pointed out has many flaws. Please allow me to amplify their concerns and add mine.

First and foremost, what is the rush? What is the rush with one-step, full-scale legalization, without interim steps? What is so important about the arbitrary deadline of July 1, 2018?

Really, if we are looking to do something substantive in a rush, maybe the Liberals could listen to my NDP colleagues who have been calling, for a long time, to make sure that the records of people who have been found guilty and have a criminal record for simple possession would be eliminated, so they could get a good job. If the Liberals want to rush something, why do they not rush at that?

Why ignore police and medical professionals' advice and push ahead with Bill C-45? Why not allow police, provincial and municipal governments, as well as health officials to better prepare for the onslaught of issues this legalization will unleash?

Believe me, there will be an onslaught of issues. All members need to do is look at other jurisdictions that have legalized marijuana to find that there will be a slew of issues that the government will need to deal with.

To date, why has there been no public education of the risks of smoking marijuana? What we have heard most often about many of the risks of marijuana is that they are so much more detrimental to our youth. No one should assume that some of us who are speaking against this, because we are parents and public figures, are trying to be condescending. None of us are trying to be patronizing. No one should assume that any of my colleagues or myself are trying to stereotype anyone either. We do not have some outdated notion of society.

What we are saying is that there is a massive number of risks that we are concerned about, and the government has not taken them into consideration. Data shows 30% to 40% of young people who use cannabis under the age of 25 will develop psychotic disorders, depression, and anxiety disorders. Let me repeat that, upward of one-third of people under 25 who use marijuana will develop psychotic disorders, depression, or anxiety disorders. That is far too many.

Where are the human rights champions over there who know already of the growing mental health epidemic with our youth, and who are not speaking up about the way drugs exacerbate those mental health issues? Where are they?

As a father of a daughter who suffered mental health issues to the point of taking her own life this past summer, I have seen first-hand the risks of drugs at an early age. My family and I have seen this path and what it leads to, the hurt and the pain, the suffering. We have felt the consequences most directly as many, too many, other families have.

Our heart aches thinking about what could have been, what should have been, had Lara not been exposed to drugs, on top of all the other demons she had to fight on a daily basis. It is tragic, and it is all to common.

That is why I am particularly concerned about the provisions in Bill C-45 when it comes to possession by children ages 12 to 17. As currently written, the bill allows children aged 12 to 17 to be in possession of five grams of pot. This is approximately five to 10 joints. What is positive about that, in any way, shape, or form? How is that good government? How is that having a concern about the safety and security of Canadians?

I am profoundly concerned. At 12, children cannot buy cigarettes, they cannot drink, they cannot drive, they cannot vote, they cannot enlist to fight for our country, but they can possess five to 10 joints. Really?

Medical professionals have told us that the number should be zero. In fact, they oppose Bill C-45 based on the harm it would do to our youth, and they are concerned about the young age at which it allows youth to possess pot, thereby condoning and encouraging it.

I do not accept the argument that, just because we pass legislation, we do not endorse something. Come on, that is always the case. Whenever we legislate, we are saying that we are doing it for the public good and are endorsing the behaviour.

How can I stand by as a parent who has lost a child to the struggle she had with many anxieties and depression, or as a member of Parliament whose primary concern is the safety of Canadians, and allow legislation that would exacerbate those depressions and anxiety in Canadian children as young as 12? How could I not speak out? It would be unconscionable.

I am not blind to the obvious. I know, and all members of the House know, that whether by peer pressure or otherwise, there are many teenagers who use marijuana; too many, and I wish it were far fewer. I wish they could see the damage they are doing to themselves. I wish they could have had a conversation with Lara in her later years. She would have counselled them otherwise. She would have warned them of the harm of smoking marijuana and the consequences on their cognitive abilities, how it amplifies any mental health issues, and how it is a slippery slope from one joint to a few joints to harder drugs, and on and on.

There are other reasons why Bill C-45 is flawed, not the least of which is that legalizing marijuana would not remedy the underground economy. We need only to look to tobacco. By some estimates, 40% of tobacco sold in Ontario is contraband. In fact, a study that came out last month by the National Coalition Against Contraband Tobacco found that one in three cigarettes sold in Ontario is contraband. Do members opposite honestly believe that it will be any different with pot, that it would be above board, and every single joint is taxed?

There was a similar experience with gambling, so we are not talking about something that does not have a track record in the past. After gambling was legalized, the stranglehold of organized crime continued in that business. It did not stop the gambling. In fact, by all measures, it increased it. In legalizing it, we inadvertently made matters worse for our young people. Studies indicate that up to 60% of children and adolescents engage in some form of gambling each week. This is because they are a generation that was exposed to legal gambling from a young age and it was not frowned upon, which is why the predominant concern about problem gambling is not primarily for adults but young people.

I heard some heckles about that, but we are not talking about somebody who is buying a lottery ticket. Are those members out to lunch? I am talking about someone who begins in gambling and then is trapped in gambling, and then that is a lifestyle. They can never ever enjoy their job or buy a house or anything, because they fritter away all their money on gambling. If that is what some members feel is okay for youth, then fine with that.

We must question the signals that we are sending to our teenagers. What precedent are we setting? Are we fully ready for all the social impacts that this will have on the years ahead?

My colleagues have raised a number of other points about Bill C-45, such as drug-impaired driving, the super-sized amount of pot one could grow at home, the lack of a public education program, and scientific evidence. However, the point I want to stress today and the question I want all members of the chamber to think through clearly is the exposure of marijuana to young children and adolescents. It is not too late to change it. It is not too late to stop it. It is not too late vote no on Bill C-45.

In closing, I will ask again, as I did at the outset. Why ignore police and medical professionals in regard to Bill C-45? Do we really think that 12 to 18 year-olds having five or 10 joints in their bedroom is a wise thing to advocate? Why do we not have more public education right now? Why not allow police, provincial and municipal governments, and health officials to better prepare for the massive upfront cost? I say again, what is the rush? Officials are not ready. I implore members to listen to the experts, doctors, scientists, and law enforcement. I ask all members to vote against Bill C-45.

The House resumed from November 22 consideration of the motion that Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, be read the third time and passed, and of the amendment.

National Impaired Driving Prevention Week

[Nick Whalen, Liberal, St. John's East, NL]

Madam Speaker, I am pleased to rise in the House today to speak to the motion put forward by the hon. member for Saint-Léonard—Saint-Michel. With the holiday season almost upon us, our discussion today is very timely. The holidays are a time of year when people get together to celebrate with family and friends, but there is, of course, a cloud to that silver lining: an increased likelihood of impaired driving incidents following the celebrations.

A number of public education awareness campaigns are in full swing this time of year. They encourage Canadians to drive sober or offer drivers alternative ways to get home safely. One of them, as we have heard already, MADD Canada's project red ribbon, is marking its 30th anniversary this year. Together, these efforts have had a powerful and positive impact. According to MADD Canada's estimates, between 1982 and 2010 nearly 36,650 lives were saved in Canada due to reductions in alcohol-related fatal crashes. That is something for which we can all be very thankful.

However, despite the progress we have made as a society, impaired driving remains a very serious problem in our country. People who are in no shape to drive continue to get behind the wheel. Some choose to drive after getting high or having too much to drink, but as this motion suggests, impaired driving is not limited to drugs or alcohol. Motorists who are too tired to drive are also impaired and can cause just as much damage as drivers who are drunk or high. The same can be said for distracted drivers, including those who text behind the wheel.

Impaired drivers of all kinds not only put their own lives at risk but endanger the lives of their passengers and everyone else around them. In fact, impaired driving remains the leading criminal cause of death in Canada—anti-social criminal decisions leaving thousands of Canadians dead or seriously injured each year. What makes this carnage on our roads all the more senseless is how easily these deaths could have been prevented. The risks are well known. The risks have been known for decades. The risks are common sense. Today, we would be hard pressed to find someone who would deny the dangers of drunk driving.

Sadly, it is a somewhat different story when it comes to drugs. Drug-impaired driving is actually on the rise. Almost 3,100 incidents of drug-impaired driving were reported by police last year, 343 more than the previous year. Overall, the rate of drug-impaired driving increased by 11%. According to the Canadian Centre on Substance Use and Addiction, 40% of drivers who die in vehicle crashes test positive for drugs. By comparison, 33.3% test positive for alcohol. Figures like these show how crucial it is to get out the message about the risks and consequences of impaired driving, including driving under the influence of cannabis.

As we know, this past spring the Government of Canada introduced Bill C-45. Its overarching goal is to protect the health and safety of Canadians, keep cannabis out of the hands of youth, and prevent criminals from profiting from its production and sale. The bill proposes tough new measures to severely punish anyone who sells or supplies cannabis to young Canadians. That includes two new criminal offences with maximum penalties of 14 years in prison for those who sell or provide cannabis to anyone under the age of 18. These proposed measures complement a public education and awareness campaign informing Canadians, especially Canadian youth, about cannabis and its risks.

Budget 2017 directed an initial investment of $9.6 million for public education and awareness on this topic. The public education campaign has begun and will continue over the next five years, because there is an immediate and continuing need to set the record straight on a number of issues related to cannabis. The funds will also be used to monitor the trends and perceptions of cannabis use among Canadians, especially youth. Too many people are under the delusion that cannabis does no harm, which is completely false. Cannabis presents definite health risks.

Another myth centres on a person's ability to drive after consuming cannabis. We know that young people who test positive for drugs, alcohol, or both continue to be the largest group of drivers killed in motor vehicle crashes. However, when it comes to cannabis, research shows that many Canadians, including youth, do not take the risks seriously. According to an EKOS study conducted for Health Canada last year, 27% of Canadians have driven a vehicle while under the influence of cannabis. More than one-third of Canadians also reported that they had been passengers in vehicles driven by someone under the influence of cannabis. That number jumps to 42% among young adults and 70% among recent cannabis users.

The results of a national study conducted by the Partnership for a Drug Free Canada can help to explain these findings. It found that almost one-third of teens do not consider driving under the influence of cannabis to be as bad as doing so under the influence of alcohol. In addition, just over a quarter of Canadian young adults between the ages of 18 and 24 believe that a driver is either the same or, sadly, better on the road while under the influence of cannabis.

The reality paints a far different and more gruesome picture. Among all drivers killed in motor vehicle crashes in Canada between 2000 and 2010, 16.4% tested positive for cannabis, which is one in six.

It is clear that a large percentage of Canadians downplay or even flat out disbelieve the fact that cannabis impairs your ability to drive safely. That is one reason why Bill C-46 is such an important piece of legislation as a complement to Bill C-45.

Bill C-46 would strengthen Canada's laws to enforce a strict approach for those who drive under the influence of alcohol or drugs, including cannabis. Among other provisions, it would create new criminal offences for drug-impaired driving, and authorize new tools to allow police to detect drivers who have drugs in their system.

In September, the government announced up to $274.5 million in funding to support the provisions of the bill. Up to $161 million of that funding is earmarked for building law enforcement capacity across the country. It will help law enforcement and border officials detect and deter drug-impaired driving, and enforce the cannabis legislation and regulations. That includes training additional front-line officers in how to recognize the signs and symptoms of drug-impaired driving, and providing them with access to drug screening devices. It also includes funding to raise public awareness about the dangers of drug-impaired driving.

As announced last month, the Government of Canada is joining forces with Young Drivers of Canada to spread that important message. The project will involve the airing of public service announcements over the next year. Public Safety Canada and Young Drivers of Canada will also work together to share material through Facebook, Twitter, and other social media channels.

I think all of us in this House can agree that impaired driving is a serious problem in Canada. Awareness weeks like the one proposed by my colleague are another tool that we can use to foster good habits, recognize the dangers of impairment, and even to recognize impairment itself, because there seems to be some misconception about that, and to have safer roads and save lives.

I will be supporting this motion and I encourage my colleagues in the House to do the same.

Business of the House

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

Mr. Speaker, this afternoon, we will continue the debate begun this morning on the Conservative Party's opposition motion.

Tomorrow, we will have the second and last day of debate at third reading stage of Bill C-45 on cannabis.

Monday, we will resume debate on Bill C-59 concerning national security. We will then move on to the report stage of Bill C-63 on the budget.

We will continue with debate of Bill C-63 on Tuesday.

On Wednesday and Thursday, we shall take up debate on the Senate amendments relating to Bill S-3, the Indian Act, unless we can get it done sooner.

I should also note that we will have the LGBTQ2 apology next Tuesday, November 28, immediately following question period.

Cannabis Act

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Mr. Speaker, I am very thankful that my hon. colleague and her party will be supporting Bill C-45 as a measure that will help protect our young people and ensure that they have less access to cannabis.

We are taking action on all fronts. We are looking at the opioid crisis, taking concrete action and have been doing so since we took office. I will say that that is actually something that has been supported by all sides of this House, because I think we all realize it is an urgent crisis that needs to be addressed. We are addressing it on multiple levels.

Specifically in relation in the question about cannabis, this is something we promised Canadians we would do, something that we realized needed to be addressed for a very long time. We had a failed system in place. We are no longer going to turn a blind eye to it. We are no longer going to look Canadians straight in the face and say that we are spending hundreds of millions of dollars on a system that is working, because it is not working.

The statistics I mentioned, and that the Minister of Justice and Attorney General of Canada mentioned in her speech, show one in five youth, and one in three aged 20 to 24, are smoking are marijuana. That has been ongoing for a while. We are taking action. It is something we promised Canadians we would do. That is exactly what we are doing.

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Mr. Speaker, did my hon. colleague speak to any law enforcement officials here in Canada?

Had he done that, he would have seen that this is not a new problem that would be created by Bill C-45. Right now, there are Canadians who are driving under the influence of cannabis, and nothing was done by the previous government to address that issue.

Here we are. Bill C-45 is on the table. Now it has suddenly become an issue for Conservatives. They suddenly see it as a problem for Canadians. The former Conservative government could have looked at it and said that driving under the influence of cannabis is an issue in this country, and that it was going to work with our law enforcement officials, listen to them, and give them the funding necessary to empower them to do their jobs.

Conservatives have finally woken up and realized that this is an issue. Now, after we have announced over $80 million to provide law enforcement officials with the support they have been asking for for a long time, the previous government has decided to wake up.

[Peter Schiefke, Liberal, Parliamentary Secretary to the Prime Minister (Youth)]

Mr. Speaker, I rise in the House today to discuss this government's plan to legalize and strictly regulate cannabis in Canada.

Bill C-45, the cannabis act, was put forward by this government to confront and address the realities of cannabis use in our country. It happens that Canadians are some of the most avid users of cannabis in the entire world.

In 2015, 21% of those aged 15 to 19 used cannabis regularly. The number was 30% for those aged 20 to 24. It is accessible to our children, it is available in schools, and it funds major organized crime to the tune of billions of dollars per year. Clearly the current approach is outdated, archaic, and just does not work.

Over the years, the Government of Canada's approach to cannabis use devolved into harsh mandatory minimums and unfair criminal justice practices. The reality we have found ourselves in does not match the policies that previous governments have enacted.

I am proud to rise to share with my hon. colleagues in the House and my constituents of Vaudreuil—Soulanges why the cannabis act is the plan we need now to build a safer and better Canada.

We need a new approach, one that takes care of our children and punishes organized criminals rather than everyday Canadians. The cannabis act would revamp the Government of Canada's policies in three key ways, to legalize and strictly regulate cannabis use in Canada.

First, we will prioritize working with the territories and provinces as equal partners to reforming the current cannabis regime in Canada. This work is well under way and it has been for quite some time now.

Second, we will address the simple fact that cannabis is accessible to Canadian teenagers, whether we like it or not.

Third, we will take billions of dollars out of the pockets of organized criminals and gangs.

Each of these pillars is critical for my community of Vaudreuil—Soulanges where thousands of new families settle each year, making it one of the fastest-growing ridings in the country. However, they also apply from coast to coast to coast, and work to address challenges we face with our provincial and territorial partners.

Our aim is to set a framework that the provinces and the territories can expand on in ways that best suit them. Our plan will succeed because the cannabis act works with our partners while safeguarding the underlying principles protecting our youth and keeping money out of the hands of criminals.

Working with our provincial partners and, in particular, my community of Vaudreuil—Soulanges, and the Government of Quebec is the cornerstone of this new approach. Last week, the Quebec government's cannabis legislation was tabled in the national assembly. Its legislation is complementary to the partnership we have established to ensure safety and security for our young people and for our communities.

In Quebec, the government will be creating the société québécoise du cannabis, a parallel body to the Société des alcools du Québec. This model has worked in Quebec to support alcohol regulation and I am confident our partners will get the needs of Quebecers right in cannabis legalization as well.

The strict regulation of cannabis under the cannabis act is designed, first and foremost, to protect Canada's young people. This is particularly important to me as parliamentary secretary to the Prime Minister for youth, and also as a father of two young children. It is also a priority for the young families that choose to call my community of Vaudreuil—Soulanges home. I am sure all members in the House will agree that we owe it to them to get this right, and the cannabis act does not compromise on keeping Canadians safe, particularly young Canadians.

We are setting a national benchmark for a legal age to purchase and consume cannabis at 18 years of age. The Government of Quebec set the same age with its legislation last week.

We will not be punishing our teenagers for possessing up to five grams of cannabis. Instead, we are setting harsher penalties of up to 14 years in jail for selling or giving cannabis to youth or using young people to commit cannabis-related crimes.

This government believes that the abuse of youth by illegal drug trafficking networks is a real crime. I think that my colleagues on both sides of the House and in the provinces and territories share this belief.

We must ensure that young Canadians understand the dangers and potential consequences of using cannabis. In October, we announced an investment of $46 million over five years to raise awareness among Canadian youth of the realities of cannabis use.

By supporting large-scale campaigns to inform and educate Canadians, we are creating widespread awareness of the risks of cannabis consumption. As part of our plan, 114,000 brochures entitled “Cannabis Talk” have already been distributed in partnership with Drug Free Kids Canada.

On November 10, Health Canada hosted a partnership symposium on cannabis public education and awareness. Stakeholders from all sectors gathered in Ottawa to better identify possible actions.

These concrete measures are proof of our commitment to prioritizing health and safety risks based on facts, not on fear or disinformation. This includes prohibiting the use of attractive packaging and labelling in advertising and any other attempt to encourage young Canadians to consume cannabis.

The bill currently before the House would impose fines of up to $5 million, imprisonment for up to three years, or both for distributors who do not comply with the regulations. By setting national standards to meet the challenges associated with the widespread use of cannabis in Canada, we are taking fair action to protect young Canadians without punishing the one-third of adults who use cannabis recreationally.

Our government wants to protect our youth by instead focusing our efforts on organized crime and people who give cannabis to children despite the health risks associated with cannabis use at a young age.

By setting very strict penalties for selling cannabis to young people, our government is sending a clear message about our unwavering commitment to protecting the health and safety of young people first and foremost, in my riding of Vaudreuil—Soulanges, across Quebec, and across the country. This is something that all Canadians can get behind.

Canadians also know that we need to do whatever it takes to keep money out of the hands of criminals and organized crime. The cannabis act will make our streets safer by creating a legal, regulated, and safe supply of cannabis that will be available to all Canadians who have reached the age of majority.

Bill C-45 establishes a framework for purchasing product online or in person and allows Canadians to have access to cannabis outside the black market. The bill also enables the government to set reasonable prices that would be directly competitive with current prices on the black market.

We are also ensuring that those who wish to continue selling cannabis outside of regulated markets will be subject to penalties. Depending on the seriousness of the offence, they will face fines and up to 14 years in prison. This approach will allow the government to remain flexible while also going after the worst offenders.

The cannabis act will keep our young people safe and keep money out of the hands of criminals, thanks to a strictly regulated sales system for this country.

Our government is establishing a framework for our provincial and territorial partners so that the work reflects the will and concerns of the people.

I am proud to contribute to a plan that is built on fact-based decisions and reflects the reality we are currently facing in Vaudreuil—Soulanges, in Quebec, and of course in Canada.

I am proud to be part of a government that is taking action to address a problem that has existed for far too long. It is a problem that has existed for decades, and yet previous governments just made the decision to continue with the status quo. We knew full well the rates were high. In some cases, depending on the age group, rates were going up, but previous governments did nothing. We knew that those who were smoking marijuana, almost one-third in some cases or even more than one-third in certain age groups, were getting a product from organized criminals and drug dealers.

People had no idea what the product had been laced with. It was a product that people knew could have been laced with something that was more detrimental to their health, and yet they had no other option because governments turned a blind eye to the realities of a failing system. We knew the system that existed for the last 10 years and even for decades was putting billions of dollars into the pockets of organized crime.

I can say with a good amount of authority, and I speak on behalf of my caucus members from Quebec, that this had a serious impact on violence and violent crime in my home province of Quebec. Those people who are from Quebec, and who have been following incidents of violent crime related to organized criminal activities in Quebec know there have been significant rises and falls in crime relating to biker gangs, and that the primary source of revenue for these gangs was the illicit sale of drugs. Yet, federal governments did absolutely nothing.

Governments still tried to convince Canadians they were spending hundreds of millions of dollars on a system that was working when we knew full well it was not working. We could have done better, and we should have done better, but it required courage to do so. It requires looking back as to why we are all here as members of Parliament.

We are here to put in place systems that work, and to use taxpayers' money effectively. Yet, for decades, we have not been doing that. We have been trying to convince Canadians we had the best possible plan in place, and their hundreds of millions of dollars were being spent properly. We knew full well that was not the case.

Therefore, this is what we did. We first started off by being honest and open with Canadians that this is what we would do if we were elected. Once we were elected, we followed through on that promise and started with national consultations, including committees that met and brought in experts on all sides to talk about how we can best do this. We studied other jurisdictions in the United States and around the world who have seen better success rates in the systems that they had in place. I and other members of Parliament from all sides of this House went across the country, hosting town halls and asking for feedback from our fellow constituents. We worked hard over the last two years to reach out to Canadians and to experts in various fields to make sure we were getting the information to get this right.

Second, we looked at all the data that was in place. There have been many studies that have been put forward talking about health benefits and about other systems that worked better. Because of the data, and because other jurisdictions had the courage to try something new, we were able to look at those jurisdictions, and see that they have reduced rates of cannabis use among their youth. They had reduced violent crime related to organized criminals and street gangs, and they had ensured that money was longer going into the pockets of organized criminals. They managed to do those things because they were brave enough to try something new. Because they tried something new, we are able to look at those jurisdictions and say, “What could possibly work in a Canadian context?”

Third, we have been working with our provincial and territorial counterparts to make sure there is a robust dialogue with them. Now, more than ever, we are also having a dialogue and working with our municipal counterparts to make sure that this is, at all levels of government, something we will succeed in doing, because we are working at it together.

The hope is that we would reduce the rate of consumption and use of cannabis by our youth. For those who do use cannabis regularly, they would get a regulated product that is safer for them to consume, and we would be ensuring we take money out of the hands of organized crime.

Fourth, we would ensure we provide funding where it is necessary, with over $40 million for an educational campaign at the federal level to ensure we are educating young Canadians on the negative effects of cannabis use. This would not be a law that looks to encourage young people to start smoking cannabis. This proposed law, that we are putting forward, is in the hope of reducing use among youth.

Part of that is a $40 million-plus educational campaign to make sure we are doing everything we can to educate young Canadians about the fact that cannabis is not something they should be using, and that there are health effects which could be particularly negative for youth as their brains are still developing. Therefore, we are putting our money where our mouth is, because we know it is a necessary step in putting this proposed law forward.

We would also put forward over $80 million to provide support to law enforcement agencies across the country to give them the tools to better understand how to detect those driving under the influence of cannabis, which is incredibly important. Whether or not we want to admit it in this House, there are already people who are driving under the influence of cannabis, and yet very little has been done, particularly by the previous government, which did very little but turn a blind eye and leave it up to law enforcement to try and figure it out on its own.

The previous government knew full well that the problem already existed, and that those law enforcement agencies could have used additional funding to better train law enforcement officials, and to put in place better systems to find out who was driving under the influence and take appropriate action. Therefore, this money would also go toward providing the tools necessary to test individuals for driving under the influence.

I did not come to this House to do easy work, and I know I speak for many of us who were elected in the election of October 2015. I came here to solve problems, particularly ones that have been plaguing Canada and Canadians for far too long. I say with all sincerity, and I know I share this with young fathers and mothers in this House, and those who have older children, that we need to make decisions now that are going to positively affect our youth later on. We should not leave it up to the next government, regardless of how difficult those decisions are. Instead, we need to make those tough decisions now.

My hope is that when my three-year-old son, Anderson, and my one-year-old daughter, Ellie, are at the age when they are going to high school, that they have a harder time accessing cannabis, that they have an educational system and a campaign in place at all levels of government that does not turn a blind eye to the fact that it is easier to get marijuana on a high school campus than it is to get cigarettes, and that we are actually taking action.

This is the kind of legacy I want to leave for my kids, and that is the kind of legacy that I want to leave for future generations of young Canadians. With that, I encourage all members of this House, regardless of which aisle they sit on, to vote in favour of Bill C-45. Let us take the next necessary steps in protecting our young people.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, the NDP pointed this out early on, after hearing testimony about the difficulties some people had entering the United States when asked by border guards if they had ever used cannabis and they answered affirmatively. Even though they had used the cannabis legally in Washington state and Colorado, they were denied entry into the U.S. This led to a concern by the NDP that the government should be negotiating, or at least attempting to negotiate, with the Trump administration some form of agreement to recognize the reality that cannabis would be legal in Canada. We do not want to subject Canadians to being turned away at the border or being compelled to lie. The answer we got, unfortunately, was unsatisfactory. It appears that the government has not been entering into those negotiations. There is a real concern that after July 1, 2018, Canadians will be vulnerable in that respect.

I want to end on a positive note. Economically, Canada has a chance to be a global leader in producing safe, quality cannabis products. We are not the only country in the world that will legalize it. Other countries will do it, too. This is a classic industry that is sustainable, high tech, innovative, green. A $5 seed can be turned into $1,000 worth of product. Canadians are global leaders, and that is why we are so adamant that the ban on importation and exportation in Bill C-45 should be changed to give Canadian businesses a chance to tap into that market. This could provide billions and billions of dollars of economic activity once other countries do as Canada does and we abandon the old prohibitionist view of conservative parties around the world.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, when the Liberals promised Canadians cannabis legalization last election, I think that reasonable Canadians understood legalization to mean the end of criminalization, the end of stigmatization, and the end of the prohibitionist approach to cannabis. It is why I, along with millions of other Canadians, was somewhat surprised to read the fine print of Bill C-45 only to discover that it is not legalization at all, but would just make cannabis less illegal. The proposed legislation would create a litany of new cannabis-related criminal offences, most of which carry a maximum sentence of up to 14 years in prison. As renowned criminal defence attorney Michael Spratt put it:

[Bill C-45] is an unnecessarily complex piece of legislation that leaves intact the criminalization of marijuana in many circumstances.

An adult who possesses more than 30 grams of marijuana in public is a criminal. A youth who possesses more than five grams of marijuana is a criminal. An 18-year-old who passes a joint to his 17-year-old friend is a criminal. An adult who grows five marijuana plants...is a criminal...This continued criminalization is inconsistent with a rational and evidence-based criminal justice policy and will only serve to reduce...the positive effects of [the bill].

The Parliamentary Secretary to the Minister of Health has claimed that these harsh penalties are reserved for some “gangster in a stairwell” selling cannabis to children, but this is exactly the sort of reefer madness rhetoric that has fuelled prohibition for nearly a century. The evidence before the health committee was directly contrary to this view. In fact, 95% of cannabis producers and consumers in this country are non-violent, law-abiding citizens who have nothing to do with organized crime whatsoever.

If criminalization and the threat of imprisonment prevented people from using cannabis, then Canadians would not be consuming an estimated 655 metric tons of it every year when we have full criminalization and life sentences for trafficking. Indeed, the prohibitionist approach has been repeatedly discredited by its failures throughout history. Cannabis consumption has increased steadily throughout the so-called “war on drugs”, and Canadian youth consume cannabis at some of the highest rates in the world today. Of the 4.6 million people the parliamentary budget officer projects will use cannabis at least once in 2018, nearly 1.7 million, or more than one-third, would be in the 15 to 24 age group.

For far too long, we have wasted billions of dollars in resources in the criminal justice system by criminalizing otherwise law-abiding citizens at an alarming rate for simply processing and consuming cannabis. In fact, we still are. According to Statistics Canada, in 2016, under the Liberal government after it promised Canadians legalization, the most recent year of available data, there were 55,000 offences related to cannabis reported to police, and police charged 17,733 people with pot possession. Given that cannabis possession will soon be made legal in Canada, the NDP has been clear from the outset that we should immediately decriminalize the possession of recreational cannabis for personal use pending full legalization.

Now, petty possession is a crime that the Prime Minister himself has admitted to committing while serving as an elected official. This admission of past cannabis use belies his repeated assertion that “Until we've changed the law, the current laws exist and apply.” I guess he meant that they apply to other people and not to him.

It is a shame and hypocrisy of the highest order that the current government continues to prosecute and convict Canadians for simple cannabis possession, which is something the government admits should be legal. The government knows full well that current cannabis laws are not applied consistently across this country. Indeed, their discriminatory impact has been well documented by Canadian researchers, like Simon Fraser University's Dr. Neil Boyd.

Furthermore, given the extensive body of research on the negative impacts of carrying a criminal record, it is clear that pursuing thousands of convictions for actions that we no longer view as criminal will needlessly harm vulnerable Canadians, particularly young people, racialized communities, indigenous people, and other marginalized groups, mainly the poor.

I want to be clear that because I support genuine cannabis legalization, I acknowledge that Bill C-45 is an improvement on the status quo. That is why Canada's New Democrats will support this legislation. This bill allows for the legal possession of up to 30 grams of cannabis, permits the legal cultivation of up to four cannabis plants per dwelling or house, and creates a framework for the development of a legal recreational cannabis industry in Canada.

I must note, however, that Bill C-45, inexplicably, allows the provinces and territories to derogate from these basic freedoms. This should be a major concern to anyone who wants genuine cannabis legalization in Canada, and those who are urging this House to rush this legislation through.

I also want the record to show that after we revealed gaping holes in the Liberal government's cannabis legislation, the NDP worked in the best spirit of Jack Layton to reach across the aisle to give Canadians what they actually voted for, genuine cannabis legalization.

For anyone who doubts the positive role an effective opposition can play, I will point out that we were able to convince the Liberals to do the following: drop the ridiculous 100 centimetre plant height limit belied by all evidence and the experts; bring in edibles and concentrates, albeit not immediately, but within a year; and recognize the necessity of craft cannabis growers being brought into the legalized production framework.

Mark my words, these improvements would not have happened had the New Democrats not worked diligently at committee to bring forth the witnesses and evidence, and push the government to do the right thing. I will give the government credit because, unlike the previous Conservative government, which hardly ever took any suggestions from this side of the House, the Liberal government has proven able to listen to the evidence and make adjustments, albeit not as far as we would like.

In addition, at the health committee, we put forward 38 practical amendments to fully align Bill C-45 with its purposes section and the evidence we heard from expert testimony. The purposes include bringing the illicit industry into the light; making sure that Canadians have access to safe, well-regulated cannabis products; and taking the production and distribution of cannabis out of the hands of organized crime and bringing it into the regulated legal industry.

That is what the New Democrats paid attention to when we moved our amendments to make sure that this legislation aligned with those purposes. Unfortunately, the Liberal government has refused to do that in all cases, edibles being the most notable example. The government is content to leave edibles and concentrates in the hands of the black market, in the hands of organized crime, totally unregulated for up to another year and a half to two years from now. It cannot explain why.

Our proposed changes, besides legalizing the sale of edibles and concentrates, included providing pardons to Canadians saddled with a criminal record for offences that will no longer be offences under Bill C-45. This amendment was ruled outside the scope of Bill C-45. However, given the Prime Minister's previous statements, it is rather shocking that the Liberal government would structure a cannabis legalization bill in such a way that pardons cannot be included via an amendment, with these ruled outside the scope of the bill. When the Liberals say they have taken their time and consulted widely, maybe they could explain to Canadians how, after two years, they somehow forgot to deal with the issue of pardons for the criminal convictions that Canadians carry for cannabis possession when they Liberals know how devastating the effects are of those criminal convictions on people's economic and social lives.

We also proposed amendments to empower provincial governments to create parallel production licensing regimes to give them the flexibility to implement legalization in the manner best suited to their jurisdiction. For example, this amendment would have allowed provinces to let craft growers, small-scale producers, outdoors growers, and artisanal growers compete against large federally licensed corporate entities. That was voted down by the Liberals.

We proposed decriminalizing the penalties section in line with the Tobacco Act, proposing instead that the legalization take a regulatory approach, with significant fines for offences, rather than criminal ones. One of the purposes of Bill C-45, as laid out in section 7, is to “reduce the burden on the criminal justice system in relation to cannabis”. Penalties in the bill, in the NDP's view, should be consistent with that stated intent.

With the Liberal government's rejection of these amendments, I am very concerned that Bill C-45 will continue to harm many Canadians after it becomes law in this country. Unconscionable prison sentences, arbitrary possession limits, and barriers to small craft and artisanal producers are just a few of the damaging provisions that need to be corrected.

However, I am heartened that this bill would at least require a mandatory review of the act's operation in the next Parliament. I view this as a tacit admission by the government that it knows that this bill contains problematic sections that will need to be fixed. In fact, it was a Liberal amendment to move the review from five years to three years. I think the Liberals know that this bill has flaws that will need to be fixed.

Truthfully, I would prefer to get it right the first time around. As it currently stands, the federal government has left the heavy lifting of legalization to the provincial, territorial, municipal, and indigenous governments. The task force on cannabis legalization was very clear in the lead up to legalization that the federal government should “Take a leadership role to ensure that capacity is developed among all levels of government prior to the start of the regulatory regime”. Yet, when asked if the federal government had even been talking with first nations and indigenous governments on a nation-to-nation basis to ensure that capacity were developed, Ontario Regional Chief Isadore Day told the health committee, “No, they haven't, and again, it's going to be really critical.”

By freezing out stakeholders and insisting on meeting an arbitrary politically motivated deadline, the Liberal government is clearly sacrificing quality legislation for speed. This has led to the emergence of a complex patchwork of different approaches to cannabis across Canada, and will put many Canadians in the position of perhaps breaking the law unintentionally. For example, some provinces may not allow any home growing. In fact, Quebec just announced this very measure. Some provinces may choose to lower the public possession limit from 30 grams. Some provinces may forbid public consumption. Some municipalities may ban cannabis sales and consumption completely.

I want to be clear to any Canadians watching this. The Liberals put forth legislation that will allow the provinces to deviate from people being allowed to grow four plants at home and from being legally able to carry 30 grams of cannabis in public. For those who are searching for and have waited for decades and decades for cannabis legalization, they should be aware that federal leadership in a national legalized structure for cannabis is not going to be delivered by this bill. We see that already, as I have mentioned, with the Quebec example. In that province, one will not be able to grow plants at home. I do not think that is what cannabis advocates have been working for all these years.

The Liberals' recent attempt to unilaterally impose an excise tax without consulting other jurisdictions directly contradicted the recommendations of the McClellan report. The Liberals' attempt to keep half the excise tax revenues at the federal level ignores the fact that the bulk of expenses related to legalization will fall to the provincial, territorial, and municipal levels.

For our part, Canada's New Democrats will continue to reach across the aisle to help ensure that legalization is done right and on time. Ever since the Liberal government of the day ignored the recommendations of the 1971 Le Dain commission, our party has been calling on successive governments to stop saddling Canadians with criminal records for using cannabis. We strongly believe and continue to maintain that these unjustifiable arrests must end as soon as possible.

I would be remiss not to use this occasion to outline some simple truths about cannabis that I fear are far too often drowned out of the public discussion by prohibitionist fearmongering. Number one, in almost all contexts, alcohol and tobacco are far more personally and socially harmful than cannabis. Cannabis does not make people aggressive, a person cannot fatally overdose on cannabis, and cannabis is not a carcinogen. We heard this point repeated over and over again by experts at the health committee.

Number two, cannabis has a broad range of therapeutic benefits. It is used as an effective medicine by Canadian patients suffering from conditions ranging from epilepsy to PTSD, from cancer to arthritis. I believe if this point were properly understood by the Liberals, they would not recently have announced a plan without consulting patients to impose a new excise tax of $1 per gram on medicinal cannabis, or 10% of the final retail price, whichever is higher.

At the end of 2016, there were 129,876 Canadian patients with authorizations from physicians to use medicinal cannabis, and since the first Canadian veteran was reimbursed on compassionate grounds in 2007, Veterans Affairs Canada now covers the cost of medicinal cannabis for over 3,000 Canadian veterans, yet the government wants to tax them.

Shockingly, however, the federal government does not cover medicinal cannabis for indigenous people, a discriminatory policy that puts a lie to the Prime Minister's claim that his most important relationship is with indigenous communities.

The Liberals' medicinal cannabis tax is misconceived, unfair to patients, and damaging to public health. It is simply poor public policy. The cost of medicinal cannabis is already high, given that unlike prescription drugs and medically necessary devices, it is not tax exempt under federal law. Medicinal cannabis is neither exempt from the GST nor eligible for reimbursement under nearly all public or private insurance plans, so patients are currently forced to spend hundreds, or thousands, of dollars each month to acquire a sufficient supply of medicinal cannabis, or choose a riskier option, like a prescription opioid because it is tax exempt and covered for reimbursement. That is perverse.

Medicinal cannabis should be treated like other medically prescribed therapeutic medicines. Looking forward, New Democrats will use every tool at our disposal to scrap that flawed policy decision.

Third, just yesterday, in the House, the Conservative member for Thornhill told Canadians that legal cannabis is just as dangerous as fentanyl, and home-grown cannabis is “virtually the same as putting fentanyl on a shelf within reach of kids”. This is an outrageous and dangerous falsehood, and grossly insensitive to those who have lost loved ones to fentanyl overdoses. Trying to capitalize on their personal tragedy for political purposes is shameful, callous, and unsupportable. I call on the Conservative Party to correct the record and for the member to offer a sincere apology to every Canadian who has been affected by the fentanyl crisis.

That brings me to truth number four. Cannabis and cannabis concentrates have been consumed by humans for thousands of years without bringing about the alarmist predictions peddled by prohibitionists. Cannabis is not a carcinogen, there are no lethal overdoses from cannabis and cannabinoids, and cannabis can be used to reduce anxiety and enhance enjoyment of many activities. Much like unwinding with a glass of wine, millions of adult Canadians find occasional cannabis consumption a relaxing and pleasurable way to spend their free time.

Ultimately, I have come to understand that a genuinely legalized and properly regulated cannabis industry in Canada has enormous potential in many respects. Done right, an appropriate legal approach can achieve impressive benefits economically, technologically, and medicinally. It can advance Canada's cannabis producers, retailers, and innovators on a global scale. It can generate world-leading intellectual property, innovation, and sustainable development benefits, and it can help establish an evidence-based understanding of cannabis that has been so marred by decades of misinformation and mythology.

At the very time that many other jurisdictions are also grappling with the failures of prohibition, why on earth would we pre-emptively cut ourselves off at the knees by legally prohibiting cannabis exports to markets where it would be legal to import it, and yet Bill C-45 explicitly prohibits all importation and exportation of recreational cannabis. The world is rapidly waking up to the potential of safe, regulated, and legal cannabis products. Countries like France, the Czech Republic, Belgium, Italy, Latvia, Luxembourg, Malta, Croatia, and Slovenia look to reexamine their approaches to cannabis, and Canada should be establishing itself as a first-to-market world leader. While the U.S. cannabis industry continues to be hindered by the Trump administration's reefer madness thinking about cannabis, Canada should be taking advantage by empowering our entrepreneurs and developing export markets all around the world.

Millions of Canadians use cannabis. They have used it in the past, they will use it today, and they will continue to use it in the years to come. They are not criminals. They are our parents, teachers, friends, colleagues, loved ones, and citizens of this great country who voted for genuine cannabis legalization in the last election. The NDP will continue to work positively and constructively to develop the smartest, safest, and most effective cannabis legislation and regulations in the world, because it is time we delivered.

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Mr. Speaker, we must not confuse Bill C-45 with the decriminalization of marijuana, although that is part of this legislation. Conservatives also agree that for minor possession that portion should be struck from the Criminal Code.

Educating children and youth from the ages of 11 to 17 is important. Those under the age of 18 will not be allowed to smoke marijuana, but allowing them to have possession of up to five joints certainly is not the type of education that we on this side of the House envision.

Sweden has spent a lot of money and has done a lot of training and as a result has seen its rate of usage drop, and that country has not legalized marijuana.

The member is correct. We should and we must educate. We should be telling people. The report that I referred to from Health Canada should be in every home and in every school. We should be warning children about the dangers. We should warn young people about what marijuana can do to them if they use it before the age of 25 and who knows what could happen after that. That should be a part of our education system.

If we put the time and energy that the Liberal government is prepared to spend on this legislation into education, we would have a whole different scenario in this country.

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Mr. Speaker, throughout the debate at second reading, through committee hearings, and now finally, in the final debate, mounds and mounds of evidence have been introduced and cited, painting a grim picture of the consequences of the government's determination to legalize marijuana for recreational purposes.

Still, the Liberal government is bound and determined to ram this legislation through, so that by July 1, 2018, Canada's 151st birthday, youth as young as 18 will be able to legally purchase marijuana from government outlets, and use this drug with virtually no restrictions.

I have been allotted 20 minutes to present my objections to this harmful legislation, but would need hours to present all the evidence presented by doctors, psychiatrists, researchers, police, parents, and a host of specialists warning the government not to go down this road, and of the serious consequences if it does.

I will instead focus on a few articles and studies, and ask the members across the floor, how can they can justify their actions, having had prior knowledge to these?

I hold in my hand mandate letters from the Prime Minister to ministers on expectations and deliveries. I will be using them in my presentation to point out just how this action by the Prime Minister has been broken by his ministers.

The Prime Minister presented all ministers with these mandate letters after the last election.

The mandate letter to the Minister of Health reads:

I expect you to work closely with your Deputy Minister and his or her senior officials to ensure that the ongoing work of your department is undertaken in a professional manner and that decisions are made in the public interest.

I wonder if the minister, at that point, informed the Prime Minister about this document from her own department, modified on August 19, 2016. I am sure she was aware of it. This document, among other things, states:

Using cannabis or any cannabis product can impair your concentration, your ability to think and make decisions, and your reaction time and coordination. This can affect your motor skills, including your ability to drive. It can also increase anxiety and cause panic attacks, and in some cases cause paranoia and hallucinations.

It further states:

Cannabis should not be used if you:

are under the age of 25;

are allergic to any cannabinoid or to smoke;

have serious liver, kidney, heart or lung disease;

have a personal or family history of serious mental disorders such as schizophrenia, psychosis, depression, or bipolar disorder;

are pregnant, are planning to get pregnant, or are breast-feeding;

are a man who wishes to start a family;

have a history of alcohol or drug abuse or substance dependence.

A list of health outcomes regulated to the short and long-term use include the following:

increase the risk of triggering or aggravating psychiatric and/or mood disorders (schizophrenia, psychosis, anxiety, depression, bipolar disorder);

decrease sperm count, concentration and motility, and increase abnormal sperm morphology;

negatively impact the behavioural and cognitive development of children born to mothers who used cannabis during pregnancy.

This document was available to the minister. It clearly shows that in reaction to that, she is breaking what the Prime Minister instructed her to do. I am going to read another that the Prime Minister has written:

No relationship is more important to Canada than the relationship with Indigenous Peoples.

That was to the Minister of Indigenous Services in the opening statement. Why did the minister not sound the alarm and give the Prime Minister the message that she received from President Aluki Kotierk of the Nunavut Tunngavik? She said:

The federal government needs to consult with Inuit on whether cannabis should be legalized and, if so, when, as well as plan to deal with the possible negative impacts of legalizing cannabis...

It goes on. Chief Gina Deer of the Mohawk Council of Kanawakee stated:

Our community has been zero tolerance for many years on drugs. Now when you tell them that we have to accept marijuana as a legal product and not as a drug, it’s hard to accept, especially for elders.

The Prime Minister further stated to the Minister of Crown-Indigineous Relations:

I expect you to re-engage in a renewed nation-to-nation process with Indigenous Peoples to make real progress on the issues most important to First Nations, the Métis Nation, and Inuit communities--issues like housing, employment, health and mental health care...

This is what Chief Isadore Day stated in testimony at committee:

It's accurate to say that first nations are also not prepared to deal with the ramifications of Bill C-45. Does Canada even know the full impacts of cannabis yet? When the states of Colorado and Washington legalized cannabis sales in 2013, American Indian tribes were negatively impacted.

Further, Chief Day also stated at committee that despite hearing this, the Liberals continue to reaffirm that it's important that we focus on getting this job done as quickly as we are able.

The chief reiterated that one of the biggest concerns that first nations have with Bill C-45 is the health and safety of our people. He cited statistics that cannabis is the second most abused substance among indigenous people. He added that in Ontario alone, $33 million is needed to treat first nations with drug and alcohol addictions. He concluded by stating that there appears to be more questions than answers. This leaves the first nations in a compromising state, leading to an accelerated timeline.

The Prime Minister also said to the minister:

Work with the Minister of Public Safety and Emergency Preparedness and the Minister of Indigenous and Northern Affairs to address gaps in services to Aboriginal people and those with mental illness throughout the criminal justice system.

She should have told him about the health report that I mentioned previously, and the concerns that his own government had with the legalization and usage of marijuana.

Health Canada stated warnings, and I have mentioned some, but it serves to mention these as well:

Cannabis contains hundreds of substances, some of which can affect the proper functioning of the brain and central nervous system. The use of this product involves risks to health, some of which may not be known or fully understood. Cannabis should not be used if you have a personal or family history of serious mental disorders such as schizophrenia...

The Prime Minister loves to point out to the Minister of Justice, who just spoke, his great love and respect for the charter. In his mandate to the minister he stated:

You are expected to ensure that the rights of Canadians are protected, that our work demonstrates the greatest possible commitment to respecting the Charter of Rights and Freedoms.

A child advocate group in New Brunswick has done an assessment of violations to the rights of the child treaty, and has a very serious concern that this legislation is going to see legal challenges. I wonder if the minister should have told the Prime Minister that a court challenge, which is what it has stated, is a good idea under the Canadian Charter of Rights and Freedoms. Section 7 states:

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

The minister should have warned him that by legalizing marijuana, a drug with psychoactive properties, the Government of Canada will encourage the sale and consumption of marijuana, thereby putting all Canadians at greater risk of encountering harm and death through impaired driving accidents and workplace accidents, smoking-related sicknesses, and other marijuana-induced injuries. For example, police chiefs across the country have expressed their concern that they will not be able to keep the public safe from drugged drivers. Thus, the proposal to legalize marijuana runs contrary to the charter provision, the right to the security of the person.

To the Minister of Public Safety and Emergency Preparedness, he wrote:

As Minister...your overarching goal will be to lead our government’s work in ensuring that we are keeping Canadians safe.

Here again, I would raise the report from the health department, but I would also make mention of a report that has just come out, “The Legalization of Marijuana in Colorado: The Impact”. The executive summary states, “Marijuana-related traffic deaths when a driver was positive for marijuana more than doubled from 55 deaths in 2013 to 123 deaths in 2016.” This same executive summary states, “In 2009, Colorado marijuana-related traffic deaths involving drivers testing positive for marijuana represented 9 percent of the traffic deaths. By 2016, that number has more than doubled to 20 percent.” It goes on, and there are statistics that talk about what happens to the youth and how youth use has risen dramatically as well.

This might be my favourite. The Prime Minister wrote to the Minister of Science, the same minister who has repeatedly, in this House, stood up and said that the current government will listen to science, because the Prime Minister told her this:

We are a government that believes in science – and a government that believes that good scientific knowledge should inform decision-making.

I wonder if that minister told the Prime Minister about the report on the legalization of marijuana in Colorado, or possibly this report from the National Institute on Drug Abuse. Here is a great one she should have read, from Frontiers in Psychiatry: “Persistency of Cannabis Use Predicts Violence following Acute Psychiatric Discharge”. There is this lengthy report from the World Health Organization: “The Health and Social Effects of Nonmedical Cannabis Use”.

It goes on and on. I am sure the minister read the “Market Analysis of Plant-based Drugs C. The Cannabis Market”, from the United Nations Office on Drugs and Crime.

Every one of these reports points to the same conclusion: the use of cannabis is restricted for a reason. There is a reason governments have, on a continual basis, made that their practice.

I have often stated in this House that I am genuinely impressed by the Liberal caucus. It is full of doctors and lawyers and Ph.D.s and Rhodes scholars. This is not a group of people who could be excused for not having the information.

I found a great article by James Di Fiore, written in the Huffington Post. He wrote:

I've written about my modest contribution to the elimination of pot prohibition before. To recap, in 2011 I was hired by the Liberal Party of Canada's upper brass to pressure their delegates to vote yes on a policy initiative that would push for legalization. For three months, my team approached marijuana advocacy groups and rallied their members to bombard [all] delegates via email, tweets and Facebook messages. The plan was to put enough pressure on delegates until they voted for a Canada who would shed its draconian views on weed. When we started, just 30 per cent of delegates [30 per cent of that caucus] were in [the] camp. After the votes were tallied at the Liberals' 2012 convention, more than 75 per cent of delegates voted yes.

This group can make the right choice. I know that there are many in the Liberal caucus who are opposed to what the government is doing and what the Prime Minister is forcing them to do as well. Now is the time for them to stand up, make the right choice, and vote against this dangerous bill.

I might add that the Prime Minister is not leading a bold charge that will make this an example of progressive nations. Let us listen to what Prime Minister Mark Rutte, of the Netherlands, said, in a 2014 article about the use of marijuana. “People should do with their own bodies whatever they please, as long as they are well informed about what that junk does to them”. The Dutch have a different approach to the whole idea of marijuana.

The article went on, “Rutte added in the same interview that cannabis legalization of the Colorado model”, and I should emphasize that the Colorado model is for those 21 years old and over, “where the state taxes and regulates all levels of the supply chain, and adults 21 and over are allowed to purchase weed from state-licensed stores—was out of the question. 'If we were to do that, ' he said, 'we'd be the laughing stock of Europe.'”

This not going to be a progressive move by the Prime Minister and the Liberal caucus. As a matter of fact, while the Dutch system has some major drawbacks, current UN treaties forbid countries to legalize and regulate drugs for recreational use. Specifically, the Single Convention on Narcotic Drugs,1961, states that member states have a general obligation “to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs.”

Piet Hein van Kempen, a professor of criminal law and criminal procedure in the Netherlands, was recently asked by the justice ministry to study whether international drug treaties offer any wiggle room to legalize, decriminalize, tolerate, or regulate cannabis in any other way for recreational use. His answer was an emphatic no. Maybe when the Prime Minister gets to meet his new best friend, Xi Jinping, he can tell him about his plans to legalize marijuana and ask for his thoughts. I am sure he would give the Prime Minister a history lesson on what took place in Chinese society.

The Liberals are on track to legalize marijuana for recreational purposes by July 1, 2018. They say they have had extensive consultations, conducted the largest online survey, and completed a report called “A Framework for the Legalization and Regulation of Cannabis in Canada”. The Liberals say they have consulted with Canadians; provincial, territorial, and municipal governments; indigenous governments; representatives of organizations; youth; parents; and experts in relevant fields. Ignoring the warnings of doctors, police chiefs, and first nations parents, they have pushed this bill rapidly through the House.

This bill would drastically change Canadian society, the full ramifications felt for years to come. They say it will protect us and take marijuana out of the hands of criminals. I suggest it would enslave our youth and make the government the new pusher on the block.

I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, be not now read a third time, but be referred back to the Standing Committee on Health for the purpose of reconsidering clause 226 with the view to establish a coming into force date that complies with the wishes of those provinces, territories, municipalities, law enforcement officials and first nation groups who require more time to prepare for the legalization of cannabis.”