Bill C-45 (Historical)

Cannabis Act

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

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

Report Stage

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, I am very pleased today to speak in the House in regard to Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts.

I am trying to think of an appropriate word to use that the people across the aisle would possibly accept and understand. The bill is harmful to young people. It is harmful to our society. It is poorly thought out. It is extremely rushed, and as a result, it is very dangerous legislation for us to be putting forward in Canada.

The Liberals claim that it will protect the health of young persons. That is one of their virtuous goals in putting this forward. Medical professionals have talked about mental health issues, including addiction, and the impact on the developing brain. Data shows that 30% to 40% of young people under the age of 25 who use cannabis will develop psychotic disorders, depression, or anxiety disorders. This is information from professionals, as my colleague was trying to present to the House to enable the Liberal Party to read and possibly discern that there are dangers in what they are suggesting they legalize in Canada.

The Liberals also talk about restricting access by young people. I have never heard a more confusing argument: trying to restrict the use of a dangerous substance by legalizing it and actually making it more available to young people. We know that the bill would allow young people between the ages of 12 and 18 to possess five grams at any one time. This would not say to young people that this is not something they should do. It would say it is okay for them to have this. Maybe it is because they do not want them to have a criminal record. It is irrational to say we do not want them to have a criminal record, so they can take and hold this much. It is not right, because it would encourage them to consider this.

In grade seven, I was part of a debate team. Our class was given this topic: grade seven students are juvenile and immature. Of course, we wanted to debate against that, because we were in grade seven, and we were not juvenile and not immature. My teacher told us to debate the other side, and somehow he convinced us to do that. We won that debate, because grade seven students are juvenile and immature. They are not grown up yet. They are formulating what their values are, and here we are with a government that is saying to them to go ahead and have five grams in their possession at any one time. It does not take long to realize that it would be a risk to them on many levels, besides their trying to process it with their own moral values. They could be coerced to carry it for others, possibly parents, or possibly older teens in the family who want more available. They could carry it for their siblings or their parents or a friend.

These young people also could be very much drawn into the black market to be handlers. I think especially of youth at risk. We like to think that this is not going to impact them in any way, but it will, because they are already at risk. They are vulnerable, and they are an easy target for people who are immoral and dishonest and will teach them behaviours that are not right and will draw them into a life of crime. There is also the opportunity to simply sell it personally and make money on something the government is saying they can have in their possession. Finally, there is the potential for them to say that they can have this, so why not just try it.

All these reasons totally negate this irrational argument that somehow, by legalizing this and making it available to children aged 12 to 18, it would restrict access. I have never heard a more disjointed, inaccurate, and inconceivable argument put forward. The government also said that it wants to protect young people from the inducement to use. Well, I have already said that just by putting the bill forward in this way, it is actually encouraging young people to consider using.

Another member on the other side of the House came back with the argument, on the question of youth having it in their possession, that it is the parents' responsibility. It is just like any other thing in the house they might have. The parents are responsible. On one level, I totally agree that parents are and should be responsible, above all other influences, for determining what direction their children should be guided. Parental rights, responsibilities, and privileges in raising children, which are our most precious and valuable resource as a nation, need to be protected. They actually need to be encouraged by government. Government should be supporting Canadian families through legislation. However, here it is working in opposition and challenging parents by telling teenagers between the ages of 12 and 18 that it is okay, and legal, to have five grams of marijuana on their person.

I have worked a lot with teenagers, and I actually survived raising three amazing young adults myself. I have to tell members that at that point in life, the right thing for them to be doing is challenging things around them and trying to determine where their values are in relation to their parents and in what direction they are going to go.

When I tell my children that something is not right, and it is something they are thinking about, but their government turns around and tells them that it is okay and that it is legal, that is not supporting parents. The government is pushing this responsibility on them, just like it is pushing the responsibility on provinces and municipalities. The Liberals created the bill because they made an election promise, and they are having trouble finding one they can keep, so this is the one they will pull it off on.

This is entirely wrong. If youth should not use it, then they should not carry it.

The government also uses the argument that it is going to reduce illicit activities in relation to cannabis. In other words, it will somehow shut down the black market with the legal use of marijuana. We know how well that is working with contraband cigarettes.

I know from conversations with people I have helped in 10-step programs that there are rehab centres where black market drug dealers go to get healed. While there, they develop relationships with people they then meet on the outside, and they help them to become part of the process. This is not going to shut down the black market. It is money driven, it is greed driven, and it has nothing to do with caring for our society. The government is playing into its hands.

Canadians are very concerned all over this country. They are concerned about the workplace, law enforcement people, and our children, and they do not know what to do. They are throwing up their hands and asking how the government can do this.

Well, I have a few words I want to say to Canadians. I am going to post it, actually.

I will tell them that they have been amazing on so many fronts in dealing with issues this government has brought forward over the last two years, and they have made a difference. Opposition parties have a role to play, but we are here to represent Canadians, and as a result of their work and their telling this government what they will and will not accept, electoral reform is not on the table. They did that with their advocacy.

Punitive and unfair tax increases on the middle class, small and medium businesses, and farmers are not going to take place the way they would have if the Liberals had just been allowed to go ahead with their policies. Canadians made the difference.

They shut down the removal of section 176 and are protecting the right to freedom of religion in this country. They caused the Surgeon General to relegate the dangerous anti-malaria drug mefloquine to a drug of last resort, after decades of causing harm to our servicemen and women.

Canadians can do this. They can make a difference. I know that they see this law as irrational, dangerous, and rushed, everything that is not good. Therefore, I encourage them to do what they have done. I know they are exhausted. They should keep going.

[The Deputy Speaker, Bruce Stanton]

The hon. member for Yorkton—Melville will have five minutes for questions and comments on her remarks when the House next takes up the motion before the House.

It being 6:02 p.m., the House will now proceed to the consideration of private members' business, as listed on today's Order Paper.

The House resumed from November 9 consideration of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, as reported (with amendment) from the committee, and of the motions in Group No. 1.

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

Mr. Speaker, I am pleased to rise in the House of Commons today to speak about the motions moved by the member for Sarnia—Lambton.

Before I begin, I would like to acknowledge the work of the Standing Committee on Health in its study of Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code, and other acts. The committee heard from nearly 100 witnesses in five days. The committee's deliberations resulted in the adoption of 20 amendments that contributed to improving various aspects of the bill. These were informed by the insight and advice of the many witnesses, both domestic and international. I want to thank the members of the committee for this thoughtful review of the bill and its efforts to improve the proposed legislation.

Bill C-45 follows through on our government's commitment to legalize, strictly regulate, and restrict access to cannabis in a way that protects Canadians, including our youth, and removes profits from the hands of criminals and organized crime. In my remarks today, I would like to further explain some of the reasons our government's approach to cannabis is the right one.

The motion put forward by the member for Sarnia—Lambton would effectively prohibit adults from cultivating any cannabis plants on their own property. This stands in sharp contrast to the approach proposed by our government, which would allow adults to grow up to four cannabis plants on their property for personal use.

First, let me remind members of the House that our proposed legislation was informed by the sound and extensive advice of the task force on cannabis legalization and regulation, which was chaired by the Hon. Anne McLellan. The task force consulted extensively with Canadians across Canada on how best to approach the legalization and regulation of cannabis. The members heard from youth, cannabis consumers, industry, indigenous communities, provincial and territorial governments, law enforcement, municipalities, regulators in other jurisdictions, public health and safety experts, and researchers, and the list goes on. Overall, the carefully weighed and diverse range of perspectives expressed during these extensive consultations suggested that small amounts of cannabis for personal use can be safely and responsibly grown at home by adults.

The proposed new framework for cannabis, which permits a small number of plants to be cultivated by adults on their own property, is consistent with the approach recommended by the task force. There is no doubt that our government's proposed approach, allowing a small number of cannabis plants to be cultivated at home, is balanced and supports the objectives of Bill C-45.

One of those objectives is to avoid criminalizing Canadians for minor offences related to cannabis. The current approach to cannabis has resulted in thousands of Canadians being charged, convicted, and sent to jail for possessing small amounts of cannabis, which indeed is counterproductive. Should the motion moved by the member for Sarnia—Lambton be adopted, Canadians would continue to be exposed to criminal charges for minor, non-violent offences. This would create an unnecessary burden on the criminal justice system, which is one of the reasons these motions should not be supported. We all know that criminal records can result in lifelong consequences by, for example, limiting employment opportunities.

Another key objective of the bill is to reduce illegal activities in relation to cannabis. Significant profits are generated by the illegal cannabis market every year, and some of this profit ends up in the hands of organized crime. Allowing adults to legally cultivate a small number of cannabis plants on their property would represent an alternative to the illegal market and should not be prohibited completely. Completely prohibiting personal cultivation, as proposed by the member for Sarnia—Lambton, may undermine the government's ability to displace the illegal market and reduce criminal activities.

Setting a limit on the number of plants an adult may grow is a reasonable way to distinguish between responsible adults who wish to grow a limited number of cannabis plants at home and cannabis cultivated to supply and drive the illegal market. This is why other jurisdictions have taken a similar path.

As the federal framework has also been informed by international experience and best practices, I would note that in jurisdictions where cannabis is legal and strictly regulated, only one, Washington state, has maintained a prohibition on personal cultivation. Other jurisdictions, including Colorado, Oregon, and California, set provisions that restrict the number of plants that can be grown, such as the ones included in Bill C-45.

Permitting personal cultivation in limited amounts is consistent with our government's approach to allowing Canadians access to a legal source of cannabis while setting a clear threshold to help law enforcement identify criminal organizations that are supporting an illegal market.

To be clear, permitting personal cultivation of a limited number of plants would not mean open season for cannabis. On the contrary, the selling of home cultivated cannabis would still be a criminal offence, and growing more than four plants would be prohibited and prosecutable.

Finally, it is important to clarify that under the proposed framework, the provinces, territories, and municipalities would have the flexibility to impose further restrictions related to personal cultivation, beyond what is found in Bill C-45. This is an important point, as our government believes that they would be in a better position to assess the necessity and feasibility of such additional restrictions and their enforcement.

Through our government's proposed approach, Canadians would no longer run the risk of having a criminal record for possessing, sharing, or growing small amounts of cannabis. Canada is more than ready for a new approach, one that includes the ability of Canadians to grow small amounts of cannabis plants at home for personal use.

Again, the motion moved by the member for Sarnia—Lambton goes against the key objectives of the bill. Therefore, we recommend that all members of this House vote it down. It would also undermine our government's efforts to displace the illegal market and reduce criminal activities around cannabis. I am confident that the new legal framework we are proposing, including the current provisions of the bill that would allow personal cultivation of a small number of plants at home, is the best path forward for all Canadians.

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

Madam Speaker, I sat through all the testimony at the health committee. I noted that in his speech, the member talked about Washington state. In fact, Washington state did not allow home grow, and we see that it had the best outcomes in terms of reducing organized crime, which is down to less than 20%, and in making it difficult for people under the age of 21 to actually get hold of cannabis, which is actually the goal of this legislation.

The government did not listen to the provinces and has removed the height requirement for the four plants. That means that if people watch the YouTube video, they could roll chicken wire across the whole inside of a house and grow four trees and a huge amount of marijuana.

Why did the member not listen to Washington state, Quebec, and New Brunswick, which clearly see that home grow is a problem?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, we did listen. Just to be clear, no fewer than 86 speakers in this House have contributed to this debate. At committee, eight meetings were held, nearly 100 witnesses heard, and more than 115 briefs submitted and considered by the committee. Through its deliberations, the committee proposed a number of amendments, which are going to continue to be debated both in this House and in the other place.

When it comes to other jurisdictions, as I pointed out in my remarks, Washington was the only state. However, there are a number of other jurisdictions in the United States that have indeed sanctioned personal cultivation, because they, like us, understand that striking the right balance between personal use, which should not be criminalized, and keeping cannabis out of the illicit markets and out of the hands of our youth, is the best path forward.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, I had the good fortune of sitting on the health committee as we studied this bill. Broadly speaking, the New Democrats are in favour of legalization and want to work productively with the government to provide the best possible legislation we can have in this country. However, without any doubt, there are serious gaps and flaws in this legislation that, for some reason, the government does not want to address in its rush to have this legislation passed by an arbitrary date of July 1, 2018. For instance, one of the holes in this bill is that it would allow provinces to opt out of the home grow provisions and opt out of the 30-gram possession limit. As we have already seen, Quebec has indicated that it will not allow any home growing whatsoever. We are going to have a patchwork of marijuana regulations across this country.

My hon. colleague talks about the need to rush this bill so that we can get cannabis out of the hands of criminals, yet the Liberal government says the exact opposite when it comes to edibles. It says that it cannot regulate edibles because it is not ready for that.

There is no provision to ensure that small craft growers in this country will be licensed. The excise tax the government has brought in and imposed on the provinces has created a huge uproar in the provinces, because they will have to bear the lion's share of the burden of enforcement and the health care effects of this legislation, but the government is saying that it only wants to give 50%.

Why the rush? Why not take an extra three or six months, or even make it July 1, 2019, so that the government could keep its promise to legalize cannabis this term, but we could actually take the time to make sure we have excellent cannabis legislation?

[The Assistant Deputy Speaker, Carol Hughes]

I want to remind the member that there are only five minutes for questions and comments.

All members should be able to deliver their question or comment within one minute.

The hon. parliamentary secretary.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, just to be clear, there has been no rush. This has been a stated objective of this government since the time of the election campaign. We have been speaking and debating about it thoughtfully, methodically, for over two years, and that debate has been informed by the work of the Hon. Anne McLellan who chaired an independent task force, stripping it from any politics.

Although my hon. colleagues want to heckle, they have to take a look at that work and view it with objective eyes. Those objective eyes will tell members that much work has gone into it on the issue of personal cultivation and decriminalization. We do not want to see our youth criminalized, not for possession of small amounts, when we know that will have a dramatic impact on their ability to get jobs and travel abroad. Therefore, the bill, which is informed by the independent task force and was amply supported by 30,000 submissions from across the country, attempts to strike that balance, and it will do so.

I encourage all members to vote this motion down.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Madam Speaker, today we are discussing Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts.

The intention of Bill C-45 is to legalize marijuana. This bill has numerous objectives; however, unfortunately, many of those pertaining to public health and public safety will not be achieved. This bill fails to protect the health of young persons by restricting their access to cannabis, fails to deter illicit activities in relation to cannabis, and fails to reduce the burden on the criminal justice system.

With the Liberal government's rushed deadline, law enforcement will not have the time or resources to train or prepare for the legalization of marijuana. Doctors are extremely concerned about the well-being of youth if this legislation is passed, as marijuana can be an extremely harmful substance. Numerous municipal and provincial governments will also not have the time or resources to respond to the tremendous impact that Bill C-45 will have on all Canadian communities.

More than 68,000 police officers in Canada will need specific training in the wake of this monumental legislation, and a few months is not a realistic timeline. As a result, the Canadian Association of Chiefs of Police has asked the government to extend this deadline. If police are not prepared to deal with the legalization through adequate training, this could lead to poor decisions resulting in bad case law for any new legislation.

We want our law enforcement to have the ability to properly uphold the law. Police will require final legislation from all the levels of government before being able to begin their preparations. The government needs to provide police with a clear direction regarding both funding and training.

The bill is also of grave concern for anyone on Canadian roads, as law enforcement agencies are also lacking the resources to deal with marijuana-impaired driving. There are no current reliable roadside testing methods to measure marijuana impairment as there are presently with alcohol. This is extremely challenging from a public safety perspective.

One of the purposes of this legislation is to ease the burden on law enforcement, but it is likely it will in fact do the opposite. Although there may be fewer charges of simple possession, those efforts will be replaced by those needed for ticketing. There are also severe concerns with home growing and allowing the possession of up to four plants. This will be extremely difficult to enforce. Jurisdictions such as Colorado in the United States that have already legalized marijuana have seen tremendous difficulties with this, especially with individuals selling their homegrown marijuana for a lower price than what is legally regulated. This is problematic as it will not incentivize the elimination of a black market.

Some elements of plain packaging could further hinder the enforcement of the black market as it will be very difficult for law enforcement to distinguish between legal and illegal marijuana products.

Youth access to marijuana is another grave concern. It has been medically confirmed that there are severe long-term effects from marijuana use by youth, such as cognitive delays and mental health issues. All of these are likely to affect their goals in school, as well as future careers.

Smoking marijuana doubles the risk of developing schizophrenia, which is especially worrying for those who are already at a greater risk. These risks do not just stop at the age of 18, when one becomes an adult, but rather can be experienced up to the age of 25. There needs to be increased awareness of these risks for those 25 and under, not just those under the legal age.

Research suggests that youth typically begin use in a social setting and do not recognize that as harmful. Youth also perceive the risks of marijuana impairment when driving to be minimal. The government should not be dismissive of the evidence we have seen in Colorado after it legalized marijuana. The state experienced drastic increases in deaths caused by marijuana-impaired driving. It is crucial for youth to be informed of the facts of these dangerous realities, and not be relying on myths and word of mouth.

Having homegrown marijuana is also a substantial risk to youth, as it is easily accessible through the home. Despite provisions to restrict youth access, marijuana use by youth was frequent, and most of the marijuana obtained was originally bought from legal sources. This is particularly concerning in relation to the production of edibles. Although they have been excluded from this bill, they are likely to be produced privately by individuals or even sold on the black market. With marijuana more easily accessible through legalization, edibles will be more prevalent. When marijuana is put in food, children may mistake it for delicious treats, which can be extremely dangerous.

I would like to note that Quebec's legislation for marijuana will forbid homegrown cannabis for personal use, for likely just those reasons. The Province of New Brunswick is also addressing the dangers of homegrown marijuana by making individuals lock up their plants. Provinces and municipalities are creating legislation in anticipation of Bill C-45, but it is evident that they do not have the resources or infrastructure to deal with its implementation by July 1, 2018. This is why the Province of Quebec also recently asked the federal government to extend the deadline to 2019.

There are a number of indirect results of legalizing marijuana, and municipalities will need to be prepared to deal with additional medical costs due to more emergency room visits, as well as poison centre calls. Areas that previously legalized marijuana also saw significant increases in homelessness, as well as crime, as a direct result. We should not be rushing this bill through, but rather, taking our time so we can learn from those who have already legalized this substance, so we do not make the same mistakes. We need more time to fully implement this legislation and minimize the risks to public safety.

There are also significant international ramifications from implementing this bill. Canada will not be complying with three United Nations treaties and may cause disputes with our southern neighbour, the United States. Officials at United States border crossings have asked individuals whether they have consumed marijuana and, if yes, individuals have been denied entry. This can be very problematic when marijuana is considered legal and individuals are being denied entry into the U.S as a result of its use. This issue remains unresolved.

This bill is extremely worrisome as it contains some major oversights. The Standing Committee on Health heard numerous witnesses in relation to Bill C-45, and the government failed in many areas to implement their recommendations. There are concerns from reputable organizations, such as the Canadian Medical Association and the Canadian Association of Chiefs of Police.

If my colleagues across the floor were concerned about the well-being of Canadians, they would not be putting this bill forward. I ask my colleagues in the House to stand up for the public safety of all Canadians and vote against this bill.

[Nathaniel Erskine-Smith, Liberal, Beaches—East York, ON]

Madam Speaker, about 12% of Canadians self-report using cannabis every year, but around 80% of Canadians say they use alcohol; 4.4 million Canadians are at risk for chronic health effects as a result of alcohol use; 3.1 million Canadians are at risk of immediate injury and harm; and 3,000 Canadians are born every year with fetal alcohol spectrum disorders.

Does my colleague think we should have rules to prevent people from brewing their own beer and wine at home, and does she think we should lock up our alcohol in the same way New Brunswick has passed laws in relation to locking up cannabis?

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Madam Speaker, what we are seeing here is what we have seen in the entirety of legislation proposed by the Liberal government, and that is an attempt to blur the issues. It is an attempt to confuse things and create problematic, complicated, unclear systems and processes. I have seen this a lot in my home province of Alberta regarding the natural resources sector, and this question is just another example of that: trying to blur the issues and have one thing one way and another thing not the same. This question, to me, absolutely tries to complicate the issues and have unclear systems, processes, and legislation, something we have seen from the Liberal government for the entirety of its term.

[Pierre Nantel, NDP, Longueuil—Saint-Hubert, QC]

Madam Speaker, I thank my colleague for her speech. She has highlighted the concerns of people who know this issue and work with youth, drivers, and workplaces. She is quite right to raise all these concerns.

It is very obvious that the government is obsessed with its bogus election promise. There are other priorities in life, and the Liberals are downloading this matter onto the provinces without giving them financial resources and, even worse, they have told them that the federal government and the provinces will be splitting the profits. They have some gall.

I would like to hear what she has to say about that.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Madam Speaker, that is exactly what I mean. We need more time to prepare. Every province needs more time to prepare. They are not ready to respond to this legislation. That really bothers me. My colleague's comments have a lot of merit. That is another reason why I am opposing this bill.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Madam Speaker, I have a very short question. I wonder if my colleague across the aisle really believes that the current situation is better, where criminal gangs regulate, control, push, promote, and sell cannabis products, or if the federal government regulates, controls, educates, and prevents. That is the government's plan.