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

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

Mr. Speaker, we are a government that bases its actions on science, evidence, and certainly, on data. The latest data available in 2015 shows the prevalence of cannabis use in the past year was one in five Canadians aged 15 to 19, and nearly one in three aged 20 to 24. The rate of cannabis use in this country, particularly among young people, is among the highest in the world.

The status quo simply is not working. We need to ensure that we put a comprehensive framework in place around the legalization, the strict regulation, and the restriction of access to young people. This is the purpose and intent of Bill C-45. This comprehensive framework would be similar to tobacco.

We will ensure we do as much as we can to keep cannabis out of the hands of kids while at the same time ensuring we invest $40 million in the promotion of an educational campaign, a public awareness campaign, particularly among young people, about the risks of using cannabis. That is what we are committed to doing while working with other jurisdictions.

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

Mr. Speaker, as I said in my comments, the status quo simply is not working. Our government has been committed to the legalization, strict regulation, and restriction of access to cannabis from day one.

To the first part of the question, we have engaged in extensive consultations to ensure that we heard from Canadians right across the country. The first step we took, a vitally important step, was to engage a task force on cannabis. The task force consisted of experts in justice, public health and safety, and law enforcement. This task force was led by the hon. Anne McLellan, and it provided us with substantive recommendations. Most of those recommendations are contained in Bill C-45. The task force received 30,000 submissions from Canadians across the country.

We introduced Bill C-45 and have continued throughout to engage with provinces and territories, municipalities, and indigenous communities and indigenous governments. We will continue to do that as we move towards July 2018 to ensure that we have a substantive, comprehensive framework for the legalization of cannabis in this country.

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

Mr. Speaker, the purpose of Bill C-45, as all members of the House have heard me state before, and what we are committed to, is legalization, strict regulation, and restriction of access to cannabis to keep it out of the hands of young people, and the proceeds of its sale out of the hands of criminals. As I have stated many times, simply decriminalizing it at this point would not assist us in achieving those objectives.

What I have been doing, and what I am committed to continue to do, is to work with my colleague, the Minister of Public Safety. We have recognized that over-criminalization of the possession of small amounts of cannabis is something that needs to be addressed. We have sought to address this in Bill C-45. Again, in conversations with the Minister of Public Safety, we are considering how we can approach record suspensions.

However, our focus right now is to change the status quo to ensure that we put in place a comprehensive framework for the legalization, strict regulation, and restriction of access to cannabis by young people.

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

Mr. Speaker, I would like to thank all members of the committee for their substantive work on Bill C-45. As I have said with respect to this bill, protecting the health and safety of Canadians is a top priority of our government. That is why we are taking a careful regulatory approach to cannabis legalization.

Our officials have been very open, honest, and reflective in embracing discussions from across the country and throughout the world. We have been working actively with international experts, including the United Nations, to determine the best course forward on our international commitments. I want to remind the members of this House that eight American states, including the District of Columbia, have already decided to legalize recreational marijuana. We are committed to ensuring that we continue to work with our global partners to best promote public health and combat illicit drug trafficking.

[Len Webber, Conservative, Calgary Confederation, AB]

Mr. Speaker, I sit on the health committee along with a number of other wonderful people, and we do some good work. We listened to many presenters on this bill at committee, one in particular being Professor Steven Hoffman, an expert in international law who teaches at Osgoode Hall Law School. He is very concerned about Bill C-45 being passed and violating three United Nations treaties that Canada signed onto years ago. This particular bill would violate those three treaties.

How does the minister plan to deal with the United Nations and our international friends when this bill is passed?

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

moved 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.

Mr. Speaker, it is my pleasure to rise to speak to Bill C-45.

On October 13, I introduced two pieces of important legislation in the House of Commons. First, Bill C-45 proposes a framework for legalizing, strictly regulating, and restricting access to cannabis in Canada. The second complementary piece of legislation, Bill C-46, proposes new and stronger laws to more seriously tackle alcohol and drug-impaired driving, including cannabis. I am proud to note that Bill C-46 has been passed by the House and is being studied in the other place.

I am pleased to speak again today about Bill C-45 and discuss some of the amendments that were carried during the Standing Committee on Health's extensive study of the bill. I would like to thank all committee members for their considerable amount of work on this file. The committee reviewed 115 briefs and heard from nearly 100 different witnesses, who provided their invaluable perspectives on a wide array of issues, ranging from law enforcement to public health.

Groups represented at committee included the Canadian Association of Chiefs of Police, the Criminal Lawyers' Association, the Métis National Council, the Canadian Medical Association, the Canadian Public Health Association, and the Federation of Canadian Municipalities. Officials from Colorado and Washington state also provided testimony on their states' experience in the legalization of cannabis.

After hearing from the witnesses, several amendments were proposed at clause-by-clause consideration of the bill. I will speak to some of these worthwhile amendments in a moment, but first I would like to remind members what Bill C-45 is all about.

Bill C-45 would create a legal framework whereby adults would be able to access legal cannabis through an appropriate retail framework sourced from a well-regulated industry or grown in limited amounts at home. Under the proposed legislation, the federal, provincial, and territorial governments will all share in responsibility for overseeing the new system. The federal government will oversee the production and manufacturing components of the cannabis framework and set industry-wide rules and standards.

To that end, our fall economic statement of 2017 has earmarked $526 million of funding to license, inspect, and enforce all aspects of the proposed cannabis act. Provincial and territorial governments will in turn be responsible for the distribution and sale components of the framework.

Beyond the legislative framework outlining the rules for production, retail sale, distribution, and possession, cannabis will remain a strictly prohibited substance.

Division 1 of part 1 of the proposed act clearly sets out that many of the offences that currently apply to cannabis under the Controlled Drugs and Substances Act will continue to exist under the proposed cannabis act. This is very much in keeping with the recommendations contained in the final report of the task force on cannabis legalization and regulation.

In its report, the task force recommended that criminal offences should be maintained for illicit production, trafficking, possession for the purposes of trafficking, possession for the purposes of export, and import/export.

I will now speak to the amendments adopted by the committee. Let me begin by saying that our government supports all the amendments adopted by the Standing Committee on Health. At this time, I would like to speak about five specific amendments that were adopted during clause-by-clause consideration of Bill C-45.

First, the height restriction for cannabis plants permitted to be grown at home was eliminated. The 100-centimetre height restriction was intended to balance the interest to allow personal cultivation while safeguarding against the known risks associated with large plants, including the risk of diversion outside of the licit regime. The height restriction, indeed the proposal to allow even limited personal cultivation, attracted significant commentary both before the health committee and in the general public.

We understand the complexities leading to the task force's recommendation of a 100-centimetre height limit and accept the health committee's conclusion after it listened to several witnesses about the problems that such a limit might realistically create.

Our government agrees that this issue is best addressed outside of the criminal law. Should they wish, provinces and territories. relying on their own legislative powers. could address plant heights and if legislative authority exists or is extended to municipalities, they could do so as well.

Second, the addition of the good Samaritan provision will exempt individuals from criminal charges for simple possession if they call medical services or law enforcement following a life threatening medical emergency involving a psychoactive substance. Evidence demonstrates that individuals experiencing or witnessing an overdose or an acute medical condition are often afraid to call emergency assistance due to the fear of prosecution. A good Samaritan clause in the proposed cannabis act will help to ensure that individuals contact and co-operate with emergency services in the context of a medical emergency, knowing that they will not face prosecution for minor possession offences.

Third, the amendments to the Non-smokers' Health Act, provides flexibility to prohibit the smoking or vaping of tobacco or cannabis in specific outdoor areas or spaces by regulation in federal workplaces to protect people from exposure to tobacco or cannabis smoke. This aligns with the recommendation by the Canadian Cancer Society.

Fourth, courts will have the discretion of imposing a fine of up to $200 for an accused convicted of a ticketable offence rather than imposing a fixed fine in the amount of $200. This will ensure that the courts can consider a range of factors in setting the fine, including the ability of the accused to pay the fine.

Finally, an amendment was adopted to require a review of the proposed cannabis act three years after its coming into force and to table a report in Parliament on the results of this review.

Given the transformative nature of the proposed legislation, it is important that our government clearly communicates to Parliament and to the Canadian public the impact the legislation will have on achieving our objectives of protecting youth and reducing the role of organized crime. This will enable us as parliamentarians to determine whether future changes to the legislation are necessary to help ensure the protection of public health and safety.

I will now speak to the significant discussion that has occurred in relation to the treatment of young persons under the proposed cannabis act.

On the one hand, the Standing Committee on Health heard from witnesses, including criminal defence lawyers and the Canadian Nurses Association, who argued that youth possession of cannabis should not be subject to criminal penalties, because making it a criminal offence for a youth to possess five grams of cannabis would not deter them from possessing. It would only serve to perpetuate the disproportionate enforcement of laws on young, marginalized, and racialized members of our society.

On the other hand, others, including opposition members, have called for a zero tolerance in relation to the possession of cannabis by youth. Our government is mindful of the concerns raised in relation to the exemption of young persons from criminal prosecution for possession or sharing of up to five grams of cannabis and the suggestion that this decision is sending the wrong message to youth.

As I discussed at my appearance before the committee, our government has drafted Bill C-45 to specifically ensure that there are no legal means for a young person to purchase or acquire cannabis. Young persons should not have access to any amount of cannabis.

At the same time, criminalizing youth for possessing or sharing very small amounts of cannabis recognizes the negative impacts that exposure to the criminal justice system can have on our young people, particularly marginalized young persons.

Our focus aligns with what the majority of respondents conveyed to the task force; that criminal sanctions should be focused on adults who provide cannabis to youth, not on the youth themselves. This does not mean that our government sees youth possession or consumption of cannabis as acceptable. Our government has given much thought as to how we will keep cannabis out of the hands of youth and discourage them from using cannabis at all.

Our government has been encouraging the provinces and territories to create administrative offences that would prohibit youth from possessing any amounts of cannabis without exposing them to the criminal justice system. Police would be given authority to seize cannabis from youth with small amounts. Provinces and territories use this measured approach for alcohol and tobacco possession by young persons, and it has proven to be successful. We were pleased to hear that Ontario, Quebec, and Alberta have already announced their plans to create just such prohibitions, and we expect other jurisdictions to follow suit.

This approach is complemented by the other significant protections for youth in Bill C-45. The proposed act creates new offences for those adults who either sell or distribute cannabis to youth, or who use a young person to commit a cannabis-related offence. It protects young people from promotional enticements to use cannabis, prohibits cannabis product packaging or labelling that are appealing to youth, and prohibits the sale of cannabis through self-service displays or vending machines.

In addition to these legislative mechanisms, I would also like to remind members that our government will be undertaking a broad public education campaign to inform Canadians of all ages about the proposed legislation, including penalties for providing cannabis to youth and the risks involved with consuming cannabis. This public education campaign will focus on helping young Canadians make the best choices about their future and to understand the risks and consequences of using cannabis. This public education and awareness campaign has already begun, and it will continue to be an ongoing priority. To that end, last month our government announced $36.4 million over five years in funding for public education and awareness. This is in addition to the $9.6 million over five years toward a comprehensive public education and awareness campaign, and surveillance activities that we announced in budget 2017.

I will now turn to the implementation and timing of Bill C-45. Much has been conveyed about the timing of the implementation of the proposed cannabis act, with the suggestion being made that provinces and territories will not be ready, or that law enforcement will not be ready. Several witnesses at committee, however, rightfully pointed out that we need to act now. The Canadian Public Health Association responded to claims that we are not ready for legalization by advising the committee of the following:

Unfortunately, we don't have the luxury of time, as Canadians are already consuming cannabis at record levels. The individual and societal harms associated with cannabis use are already being felt every day. The proposed legislation and eventual regulation is our best attempt to minimize those harms and protect the well-being of all Canadians.

Witnesses at committee further pointed out that there is always a perception that more time is needed, but that any delays would contribute to confusion among the population.

Our government agrees that we need to act now, and we have been working closely with provinces and territories on many fronts, including through a federal-provincial-territorial senior officials working group. The working group has been kept apprised of developments on this file over the last year through meetings via teleconference every three weeks, as well as in-person meetings. Most recently, a meeting took place here in Ottawa on October 17 and 18.

Since the introduction of Bill C-45, several federal-provincial-territorial issue-specific working groups have also been established to collaborate more closely on a range of complex issues, including drug-impaired driving, ticketable offences, taxation, and public education.

Our government recognizes that providing support to provinces and territories for this work is critical. That is why we have committed, for instance, up to $81 million specifically to the provinces and territories to train front-line officers to recognize the signs and symptoms of impaired driving, build law enforcement capacity across the country, and provide access to drug screening devices.

Our government is encouraged by the tremendous amount of work that has already been carried out in the provinces and territories. Many jurisdictions committed to and have completed public consultations on how cannabis legalization should be implemented.

Ontario, Quebec, New Brunswick, and Alberta have released proposed legislation and frameworks describing how they will approach recreational cannabis, and Manitoba has enacted the Cannabis Harm Prevention Act. Clearly, many provinces are moving forward in anticipation of the July 2018 time frame.

Recognizing that some provinces and territories may not have systems in place by the summer of 2018, our government is proposing to facilitate interim access to a regulated quality controlled supply from a federally licensed producer via online ordering, with secure home delivery through mail or courier.

Our government's intention is to offset the broader costs associated with implementing this new system by collecting licensing and other fees, as well as through revenues generated through taxation, as is the case with the tobacco and alcohol industry. Discussions with provinces and territories around the proposed taxation plan have already begun and will continue. As part of our consultations on this matter, we welcome the feedback of all Canadians to ensure that we achieve the goal of keeping prices low enough to put criminals out of business while helping to offset the costs of education, administration, and enforcement.

In conclusion, I would like to reiterate that Canada's current approach to cannabis continues to contribute to the profits of organized crime, risks to public health and safety, and exposes thousands of Canadians to criminal records for minor cannabis offences each year. Most Canadians no longer believe that simple possession of small amounts of cannabis should be subjected to harsh criminal sanctions. I would like to conclude by encouraging all members of this House to support Bill C-45, as amended by the Standing Committee on Health.

[The Deputy Speaker, Conservative, Bruce Stanton]

In my opinion the nays have it.

And five or more members having risen:

The recorded division on the motion stands deferred.

The House will now proceed to the taking of the deferred recorded divisions at the report stage of Bill C-45.

Call in the members.

[William Amos, Liberal, Pontiac, QC]

Mr. Speaker, it is a privilege to speak on Bill C-45, because so many Canadians are talking about it right now. If one goes to a school in the Pontiac, and I have visited several, or to a municipal council to talk about what the federal government is doing that is new, much of the same thing is heard, which is that Canadians are interested and concerned. More than anything, they are open-minded about finding the right path on this issue of marijuana and cannabis legalization. Why? Simply put, it is because they know that what has been done in the past has not worked. At the end of the day, Canadians expect the government to not simply stick its head in the sand but to react to evidence and the problems of everyday communities, where we see rates of the consumption of cannabis by our youth that really concerns them.

It is very important that we are taking this opportunity today to debate this bill and to consider what our communities are saying. I would like to report a bit on what I have heard and speak about why I am hearing support from my constituents in the Pontiac for this bill.

Number one, there is an appreciation that a public health approach is being brought on this matter. At the end of the day, slapping criminal sanctions on individual Canadians for engaging in the consumption of cannabis is an approach that has not worked. It has landed a lot of people in jail, and in particular, it has landed a lot of indigenous Canadians in jail. That is a major concern for constituents in the riding of Pontiac.

It has allowed criminals, organized crime, to take advantage of a market and sell products in an uncontrolled fashion to the most vulnerable in our community. That is simply not acceptable. We need to do better.

I was playing ping pong the other day in a high school in Fort-Coulonge, and I was thinking about how great it was that we were able to play a sport in a school and have fun. I knew that just down hall, at some other point in the day, there would be an opportunity for a kid to buy marijuana. Why? It is because the market is uncontrolled. The market is unregulated, and it is being run by criminals. We can no longer hide, and we can no longer fail Canadians on this important issue.

Our youth deserve protection. It should not be easier to buy marijuana than it is to buy a pack of cigarettes or a six-pack of beer. It should not be that way.

I am proud of our government for acting and for all the consultation it has done. It has consulted with law enforcement, with health experts, and with safety experts, road safety experts in particular. There was a Task Force on Cannabis Legalization and Regulation, and pursuant to its advice, this legislation was developed. This was not done in a hurry. It was done after careful consideration.

I am so pleased that caucus members, in particular the parliamentary secretary to the minister of health at the time, came to visit the Pontiac to discuss the concerns of our community. If we are going to get to a place where we legalize but strictly regulate and restrict access to cannabis, we need to do so in a manner that has the full confidence of Canadians.

I appreciate that it is the opposition's job to oppose and to raise issues it is hearing from constituents as well, and that is a good thing. However, this issue of cannabis legalization and strict regulation and control has to be done with a view to the public interest.

I do believe there is a strong consensus emerging in Canada that we can get there by learning from the mistakes and successes internationally, and that we can create a new framework that will ultimately protect our kids, clean up our streets, and get us to a healthier country because, at the end of the day, that is what we all want. We want safer communities, healthier Canadians, and protected kids. It is comforting to many of my Pontiac constituents.

I will admit quite frankly that many seniors in my riding have expressed concerns about whether this will just open the floodgates. The response is no, not at all. In fact, this bill, complete with the investments our government is making, which I will speak to in a moment, is the single best way to tighten the societal measures that will restrict access. When I tell constituents that this bill would make it a specific criminal offence to sell cannabis to a minor and establish significant penalties for those who engage young Canadians in cannabis-related activities, whether consumption or distribution, etc., they understand that this is not a free-for-all. It is absolutely not about that. It is about protecting our communities in a smarter and better way.

I would like to take a moment to talk about investments in public education and law enforcement. This is not just a law that our government is presenting; it is a whole investment program that will ensure that these protections and regulations are put in place. For example, our government promised to invest $46 million over five years in public education, awareness, and surveillance. These additional resources would allow the government to undertake a robust public awareness campaign so that Canadians, especially our children, are well informed about the dangers of driving under the influence of cannabis and other drugs.

The people in our ridings are well aware that, for a long time, young people across Canada have been making the poor decision to smoke, rather than drink, before getting behind the wheel because they think that it is somehow more acceptable or that they will not be caught. We all know that this is not true, but we need an awareness campaign, and our law enforcement officers need to be given the resources they need. We are making sure that happens. We have committed up to $161 million to train front-line officers to recognize the signs and symptoms of drug-impaired driving, build law enforcement capacity across the country, provide access to drug-screening devices, develop policy, bolster research, and raise public awareness of the dangers of drug-impaired driving.

This is a serious set of legislative measures and investments. What we are really doing is investing in the future of a smarter Canada, which does not stick its head in the sand, does not say there is no health issue, and does not ignore the fact that youth consumption of cannabis products is at unacceptable rates, but does accept that we can do better if we look at the evidence, go into it with our eyes open, and tell ourselves yes, we can do better.

[Kate Young, Liberal, Parliamentary Secretary for Science]

Mr. Speaker, thank you for the opportunity to debate Bill C-45. I want to start by saying opposition members are fooling themselves if they believe that young people are not already using cannabis. They are using cannabis in record numbers. The present system just does not work, and we need to do something. In some cases, we have heard it is easier to buy cannabis than it is to buy cigarettes and beer.

The current system is allowing criminals and organized crime to profit. Some people argue, as the former member did, that cannabis is a gateway to far worse drugs. I will tell the House what a gateway is. A gateway is when our young people are buying cannabis from a pusher whose only goal is to get this kid hooked on something even far worse. That is the gateway.

I agree that something needs to be done as far as education is concerned. Bill C-45 includes this. We need to warn young people about the harmful effects of using pot. I was happy to attend, just in the last hour, an event sponsored by the Canadian Nurses Association. Their members are aware that everyone needs to be educated. They released a list of how to reduce the harms of non-medical cannabis use. I thought it was very helpful, so I thought I would mention some of the ideas they have. Barb Shellian, who is the president of the Canadian Nurses Association, says this is a non-judgmental approach, because they agree that whether we like it or not young people are going to consume cannabis. I will list some of the concerns they have, because they are concerns for all of us.

Number one, they say to reduce the harms of non-medical cannabis use, delay use until early adulthood.

Since the risk of dependence is higher when use begins at an earlier age, cannabis use disorder and its related health harms may be reduced or avoided if use is delayed until early adulthood.

I agree. We agree. This is the education that must get out to our young people.

Number two:

Minimize frequency of use—Because the risk of harm increases with the rate of use, avoid frequent, daily or near-daily use.

That is good advice.

Number three:

Try to stop when use becomes hard to control—Frequent users of non-medical cannabis who experience difficulty controlling their use should attempt to stop, with professional help, as necessary.

Number four:

Minimize respiratory complications—To reduce respiratory complications, avoid smoking cannabis with tobacco, refrain from deep inhalation and breath holding, and consider using a vaporizer rather than smoking.

Number five:

Avoid using amounts that are large or highly concentrated—Be wary of excessive use or high-potency THC cannabis, including synthetic cannabinoid products. Consider adjusting the dose by using only the amount needed to achieve the desired effect.

While some people might think this is encouraging the use of cannabis, this is education our young people need. I am so glad that the Canadian Nurses Association has put this together. There are a number of further ideas that I think we should all hear about.

Number six:

Refrain from using non-medical cannabis with alcohol—Mixing non-medical cannabis with alcohol can increase impairment exponentially and can also cause anxiety, nausea, vomiting, or fainting.

Number seven, of course:

Avoid driving while high—Given the effect of cannabis consumed by inhalation typically peaks after 30 minutes and gradually subsides after 1 to 3.5 hours.... avoid driving for at least 6 hours after use by inhalation... Wait longer if high-potency products or larger doses were used, if acute impairment persists or if the cannabis was used with other substances (including alcohol).

This is information we need, and information our young people need. We know young people are consuming cannabis, but are they getting this information? I am so glad that the Canadian Nurses Association has put this out.

Number eight, share with care is an interesting point:

Users should take care to minimize lip contact with joints or implements for smoking or vaporization. Shared items that come in contact with the lips increase the risk of transmitting infections, including meningitis, influenza and other pathogens.

Vulnerable groups should abstain from use—An increased risk for cannabis-related problems can occur in high-risk groups, including pregnant women and individuals with a personal or family history of psychosis. These groups should avoid use altogether.

I could not agree more, and this is information our young people need. It continues:

Use caution when ingesting cannabis—To avoid accidental overdose with cannabis edibles, “start low and go slow.” States where cannabis is legal recommend starting with no more than 10 mg of THC and waiting at least two hours before ingesting more.

This is really good information that comes from the Canadian Nurses Association. I am sure it is on its website, if members want to check it out.

I am so happy that our government is investing in public education and law enforcement, because we not only need to regulate, we need to educate. Therefore, our government is investing up to $274 million to support law enforcement and border efforts to detect and deter drug-impaired driving and to enforce the proposed cannabis legislation and regulations.

We have committed up to $161 million for training front-line officers in how to recognize the signs and symptoms of drug-impaired driving; building law enforcement capacity across the country; providing access to drug-screening devices; developing policy and bolstering research; and raising public awareness about the dangers of drug-impaired driving.

Provinces and territories will be able to access up to $81 million over the next five years for new law enforcement training. This is important. We know that we need to do this hand in hand with legalizing cannabis.

Our government has also committed $46 million over five years for public education, awareness, and surveillance. These additional resources will also allow the government to undertake a robust public awareness campaign so that Canadians, especially young Canadians under the age of 25, are well informed about the dangers of driving under the influence of cannabis and other drugs.

Our government will invest additional resources as needed to make sure there is appropriate capacity in Health Canada, the Royal Canadian Mounted Police, the Canada Border Services Agency, and the Department of Public Safety and Emergency Preparedness to license, inspect, and enforce all aspects of this proposed legislation.

In the months ahead, our government will share more details of a new licensing fee and excise tax system. It will also continue to engage with all levels of government and indigenous people, because we know that not only the federal government but the provinces and municipalities are very interested in how we are going to roll this out and how the tax system will impact the coffers of their governments.

I want to go back to what I was talking about before, about how we cannot keep our heads in the sand. We have to be realistic that the number of young people smoking pot, consuming cannabis, is very high in Canada. It is one of the highest in the world. This is something that has concerned every parent of a teenager. My children are adults now. I am a grandmother. I worry about the harmful effects of cannabis on my young grandchildren when they get to be teenagers, but I know that by then, we will have the education they need to make sure they are making wise decisions. Decisions are being made by young children every day in this country, and for the most part right now, many young people are making those decisions without thinking twice, without even considering the harm it will do if they decide to start to smoke cannabis.

I look forward to any questions.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I rise today to join the debate on Bill C-45, the marijuana legalization bill.

I would like to start by saying that when I was elected to serve the people of Lévis—Lotbinière back in 2006, I never imagined that I would one day have to debate a bill aimed at legalizing a drug that is harmful to Canadians' health.

Never in my wildest dreams did I think I would live to see the day the Liberal Party of Canada pulled off this feat, if it can be called a feat.

It is also disgusting and crass to see rich investors taking pleasure in owning shares in Canopy Growth Corporation. These investors have made a lot of money since the share price started to climb, fuelled by leaked information from the report on marijuana legalization.

Members will recall that the report's findings indicated that there have been disastrous consequences wherever cannabis has been legalized. Our duty, as legislators in this place, is to leave Canada a better place as a result of all our work and diligence.

We can very well imagine that there must be a great sense of unease, and I would even say a major conflict of values, at Health Canada, which continues to warn about the dangers of consuming marijuana on its government Internet site and in its documentation.

I am wondering what is going through the minds of these people who, like health professionals, parents, and grandparents who bring healthy and positive values to our society, are completely taken aback by the idea that our loved ones will be able to lawfully destroy their lives and their potential by consuming cannabis.

A number of my colleagues opposite are saying that it is just pot. I invite them to visit the psychiatric wing of a hospital and to see what happens when loved ones are held in a secure wing, under surveillance 24/7, because they no longer know how to live and are a danger to themselves. I invite them to go and see these poor people who have been disrupted and dehumanized. Then I want to hear what they have to say.

As everyone here knows, my colleagues and I have spoken at length about the dangers and all of the repercussions associated with using this drug at the critical ages of 13, 14, or even younger. It can cause irreparable harm.

With that in mind, I am still trying to understand why the Liberals have decided to proceed with marijuana legalization. When I participate in policy discussions and debates in the House, I am dismayed at their simplistic and utterly amoral reasoning about how it is our duty to protect our young people and our society and to keep organized crime in check. Unfortunately, we are talking about a market that holds an obscure sway over the facts.

What we have seen in U.S. states that made certain choices will not help us live in a peaceful, respectful, orderly society, drive on safe roads, and achieve progress and prosperity. Anyone who thinks it will is deluded. Back in 2006, during my first year as an MP, I became aware of the groups lobbying the Liberals to go down this path. I rejected it wholesale, and its pernicious influence never took root within me. The Conservatives wanted nothing to do with those lobby groups. We wanted to work on Canadians' real priorities.

Could someone explain to me how the Liberal Party's financial backers, those with the deepest pockets, managed to use our democracy to legalize cannabis, which is currently a source of worry and torment for so many people in distress?

I would like to come back to the word “priority”. Who is pushing the Liberals to make this a national priority? That is a fundamental question to which we must find the answer. There is a good chance that it is people who are untouchable because they have large family fortunes. Rather than creating collective wealth, these people, who are born into money with a silver spoon in their mouth, are unscrupulously using that money for more nefarious purposes.

I am talking about influential people of untold financial means who should not have control over our future. How do those people sleep at night?

Do they not feel any remorse for what they are about to make the Liberal members opposite do? The Liberals will likely not have the privilege of voting according to their own conscience and beliefs.

I think greed is overshadowing common sense here. A person has to be pretty twisted to see a societal problem as a business opportunity.

Members will forgive the comparison, but it seems obvious. The only people I have seen, both in the movies and, unfortunately, in real life, who are capable of using subterfuge to achieve their goals and get what they want are people with psychopathic tendencies.

I do not want to offend my colleagues, but there is no denying that the only people who are able to cause other people harm without feeling any remorse or emotion, while remaining cold and detached, are psychopaths, at least to my knowledge. The issue that is currently before us just does not make any sense.

From a young age, we teach children to watch out for bad guys, not to trust strangers, not to give in to bad influences, and to listen to that little voice inside them when it tells them they are on the wrong track.

I would add that for years, police officers have been working on prevention in our primary and secondary schools, warning our children about people who might offer them some pot and urging them to avoid people who use it.

Now we are having a debate on legalizing a substance that sends so many people to hospital, to prison, or leads them to homelessness. This substance sends young people to youth centres or foster homes. It is a gateway drug to more harmful substances. Far too often, these people end up in the morgue. Yes, I said morgue. The common thread among people who use drugs is that they started by using marijuana.

Where is this Prime Minister's ethics and common sense? Where are his emotions for our young people? Why are the Liberal MPs following him? Who is making the decisions in that party? That is a question that remains unanswered. Is it the Minister of Finance, a bunch of people from Toronto, or a handful of influential rich people? Let us wake up before it is too late or let us free ourselves from the Liberals.

We are fortunate in Canada to have three entities for limiting power. We have the House, the Senate, and the Supreme Court. I am calling on them at this moment in time because the House is heading in the wrong direction despite the Conservatives' efforts.

If the Senate truly represents the wisdom of this country, and if the Prime Minister appointed 25 senators who are worthy of the position when he took office, those individuals will see to it that this does not pass. They have a duty to do so.

Our Canada cannot remain strong and prosperous with marijuana flowing freely in our homes, on our streets, on our construction sites, amongst our skilled workers, in public areas, and in the hands of our loved ones, who are usually our flesh and blood.

An entire generation is going to be left in shambles by this Liberal recklessness. This generation is already up to its neck in debt, and now it will be mentally burdened on top of that. It is shameful.

I have a question for all senators across party lines. Do they really want to have this weighing on their conscience, on their shoulders? I am not talking about the weight of a gram of pot; I am talking about the downfall of an entire generation, an entire nation.

I am also talking about the massive human and financial costs that will be put on the provinces, which can barely meet the health care needs of their citizens as it is. These costs will continue to rise because of the legacy the Liberals are leaving to future generations.

I ask the good Lord to rid us of the Liberals.

Being trustworthy is going to be a factor here. The Liberals' improprieties and tax havens are nothing compared to what lies ahead. Someone needs to stand up and say “no” to pot in our homes, “no” to the Liberal Party, and “no” to this unworthy Prime Minister who left his judgment who knows where, and who is preparing a living hell for us here far away from any tax havens. That is my prediction.

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

Mr. Speaker, it does not matter which area of the country it is, whether Quebec, Newfoundland, Manitoba, my home province, or British Columbia, the message is always the same. We have a government that made a commitment during the last election to do what Bill C-45 aims to do. The opposition can say what it will, but over two years, the government has come up with an approach to deal with a very important social issue. Whether it was in the province of Quebec or any other province, there was support for this government to move forward on this very important issue.

Would the member across the way not at least acknowledge that it is good to have some sort of national standard as to how best to deal with the legalization of cannabis, and that moving forward is in the best interests of all citizens of our country?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I made a point of listening to my colleague opposite. She said that she is concerned about 13- and 14-year-olds using cannabis.

Bill C-45 allows four plants per home. Do they think that our young people are not going to want to take a few leaves, dry them, and try them, or give them to their friends?

With this bill, all young people will have access to cannabis, not just those who are 13 and 14, but also those who are 7, 8, 9, 10, 11, 12, 13, 14, and 15.

Can my colleague tell us whether amendments will be made to this bill?

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, I am happy to speak today to Bill C-45 concerning the legalization of cannabis. This issue is important to people in my community. I have heard from many constituents about their interests, desires, and concerns related to the legalization of cannabis. I have heard from many people who are in favour of legalization. They would like this bill to become law as quickly as possible. They are in favour because they themselves consume cannabis or are concerned about the negative effects of maintaining the criminalization of cannabis in our communities.

I have also heard from many people who are not necessarily opposed to legalization, but they have concerns. I hope to address these concerns today. I understand their concerns about using cannabis. I am a mother and recognize the concerns raised in that respect. As I say that, I can imagine my kids rolling their eyes at home. As a parent, I worry about my children, too. I understand they will make mistakes, but the legalization of cannabis is not one of my top concerns for my children going forward. I also believe that through the legalization and regulation of cannabis, concerns about cannabis consumption by youth or people operating vehicles can be addressed.

In many parts of my community, a spring walk through the park will bring the smell of lilacs and pot. I do not say this to make light of cannabis use, but simply to point out that it is very common in my community and very common in a situation where it remains illegal. It is very clear, based on a walk down my streets but also on statistics, that the criminalization of cannabis is not keeping it out of the hands of people in our communities, adults or youth.

I understand that the statistics are that 21% of youth have used marijuana and 30% of young adults use it. Those are high numbers. If the goal is to keep people from trying marijuana or using it, the approach of criminalization has not worked. As has been stated in this place many times, but it bears repeating, the World Health Organization found in 2009-10 that the number of Canadians under 15 who had tried cannabis was at a higher rate than for any other country studied. As well, in a 2013-14 study by the WHO, Canada remained in the top five countries of 15-year-olds and was number one for cannabis use among children 13 years of age or younger. Clearly, if a person is concerned about youth access to cannabis, the current system is not working.

Here is the crux of the matter: the threat of a criminal record is not deterring youth from consuming cannabis. They are still doing it. However, once they have a criminal record, this can impact their future opportunities. It can close doors, and to what end? Under the new legislation, as with alcohol, there will be regulations to prohibit the purchase and use of cannabis by youth, but as with alcohol, we will not be threatening them with a criminal record. The criminal record brought only negative consequences without achieving its purported goal, which was to deter use.

Finally, we want to continue to collaborate with the provinces and territories to make sure that the public education campaign can also be done collaboratively and that we all have access to the same information.

Another point is on the nuts and bolts of working with youth. It is harder to have conversations and convey information about something that is hidden. Our government has announced $46 million for a public education program to accompany the legalization of marijuana. Having an open conversation is much more effective. Health Canada has published detailed information on the health risks of cannabis use on its website, and I encourage all Canadians to review it. It is there to be found.

As we talk about youth, I am also concerned about the fact that people who are consuming marijuana are exposing themselves to risks that go beyond health issues related to consumption. For example, there is no way to trace source or ensure the quality of the marijuana they purchase. We saw situations during the prohibition of alcohol where people consumed alcohol that had impurities. It was somehow made in a way that was not safe and would make people sick. Under our current legalized and regulated system for alcohol, we rarely hear of such incidents.

In the same way, in the legalized market, we have more controls over the safety of production and the safety of the method of sale. Personally, I would rather see people going to a store that is regulated to purchase their cannabis than to a drug dealer.

The model of decriminalization fails to address consumer safety. That is not the other option here. The model of decriminalization has and maintains a lot of the harms associated with the prohibition of cannabis use. Decriminalization does not address the concerns raised by my constituents, and it leaves us with a grey zone. It leaves us with a market that remains in the hands of organized crime.

I would like to share some statements made by the Centre for Addition and Mental Health in Toronto from its cannabis policy framework. It states:

Under decriminalization, cannabis remains unregulated, meaning that users know little or nothing about its potency or quality.

As long as cannabis use is illegal, it is difficult for health care or education professionals to effectively address and help prevent problematic use. The law enforcement focus of prohibition drives cannabis users away from prevention, risk reduction and treatment services.

Decriminalization may encourage commercialization of cannabis production and distribution – without giving government additional regulatory tools. Those activities remain under the control of criminal elements, and for the most part users must still obtain cannabis in the illicit market where they may be exposed to other drugs and to criminal activity.

Our government is proposing a system that allows for regulatory control of production, distribution, and sale. Along with the experts at CAMH, I support our government position of legalizing and restricting access, to allow opportunity to regulate cannabis and mitigate the risks.

Our government has committed up to $161 million for training front-line officers on how to recognize signs and symptoms of drug-impaired driving. Whether legal or not, drug-impaired driving is happening in our communities.

In 2008, the Canadian Association of Chiefs of Police unanimously urged the government of the day to make resources available for the training of drug recognition experts and for all officers in field sobriety testing. That plea resulted in no action from the government. In 2013, the Canadian Association of Chiefs of Police asked the government to make available oral fluid testing technology, and no action was taken by the former Conservative government.

Our government is listening to the concerns of law enforcement agencies and providing the training, resources, access to technology, and legal authority to allow police across the country to provide them with what they need to keep our communities safe.

Currently, Canada's non-medical cannabis industry is entirely criminal, meaning that all non-medical cannabis being sold or purchased in our communities is helping to put approximately $7 billion annually into the pockets of organized crime. Upwards of $2 billion every year are spent trying to enforce our current ineffectual cannabis prohibition regime. Smart action is what is needed to drive down the black market for cannabis. With legalization and regulation, law enforcement resources can be used effectively and we can reduce the involvement of organized crime.

For too long, in my community and across the country, cannabis has been easily accessible among our youth who have been using it at record rates to the great profits of organized crime.

I support Bill C-45 to enact the cannabis act, to provide legal access to cannabis and to control and regulate its production, distribution, and sale.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, before I begin speaking to Bill C-45, I would like to highlight for those who are watching today that the Liberals took the opportunity to move time allocation on this important bill. In essence, that means they cut down the debate. They are actually refusing to hear from the members on the opposite side of the House today because they want to rush it through and get it to a vote. Why is it they want to rush it through and get it to a vote? Because they have party preparations to put in place for July 1, 2018. That is unfortunate. It is degrading to our parliamentary process to not have the opportunity to enter into a robust debate with respect to the topic at hand on behalf of the Canadians who have elected us to represent them here.

With that said, when I talk about Bill C-45 and the legalization of marijuana, I am not talking about its legalization for medical purposes, I am not talking about the legalization of marijuana in a way that is well-researched, thoughtful, or has taken into account the different factors that need to be considered, I am not talking about a bill that came out of a lengthy consultation process or a scientific endeavour, I am talking about a bill that was incredibly rushed in nature. It really did not take scientific evidence into consideration. It did not take the insight of law enforcement agents, health care practitioners, or experts into consideration. Really all it does is rush through this piece of legislation at a rate that is unnecessary and with a deadline that is arbitrary. That is of course, July 1, 2018.

I have heard from many people who are very worried about this legislation. Many have spoken out at a national level, including aboriginal leaders, law enforcement agents, health experts, municipalities, provinces, and of course concerned citizens from all across the country. Some of the things that they are saying are that they are concerned about children accessing marijuana easily and the age at which they are legally able to acquire it, the lack of education programs, the timeline and the fact that it is very rushed, the costs to the municipalities and provinces, and the fact that they really do not feel they have been given adequate time to respond. I am hearing from law enforcement agents much the same about the costs and the timeline. As well, they are bringing up drug-impaired driving. Then there is the issue around taxation. Therefore, in this time that I have, I would like to address some of these issues to a greater extent.

When it comes to children, I believe the government should take them and their future very seriously. That is part of what this place is about. There are 338 of us who have been elected to make decisions on behalf of Canadians from coast to coast. Yes, we make those decisions for today, but we also have to be aware of how those decisions will impact those who would come after us tomorrow.

Unfortunately, this legislation is ill-drafted in terms of its legal age of access, which is age 18. If we were to talk to the Canadian Medical Association, the Canadian Paediatric Society, or the Royal College of Physicians and Surgeons of Canada, they would all say that the age of 18 is too young, that the human brain is developing until the age of 25, and that the use of marijuana impedes the full development of the human brain. Therefore, they have called for the legal age to be 25, and then said that perhaps age 21 would be a good negotiating point. That amendment was brought forward at committee. Of course, the Liberals shut that down. Therefore, it begs the question of whether the government is acting responsibly by setting the age at 18. The government also said that it would take the next generation seriously. It said that it would be the party that wants to keep marijuana out of the hands of young people. However, by setting the legal age at 18, and allowing four plants to be grown in our homes, which I will talk about momentarily, it is really not looking that seriously at keeping it out of the hands of young people.

Not only that, I heard from a group of young people who I meet with on a monthly basis to advise me on different topics at hand. We talked about the legalization of marijuana, and they said this, “If we legalize marijuana”, and of course we are going down that road, “and we do it according to the mechanisms that are at play here without education”, which there is none of right now, “it will normalize it and young people will think it is just okay, that there are no negative repercussions to the use of marijuana.” The young people I am listening to are telling me they are quite concerned. They are concerned for themselves, for their peers, and are very concerned for their younger siblings and what they might fall prey to. I think that is definitely worth considering.

A further point we need to consider related to child access is definitely education. In their budget, the Liberals did promise a considerable amount for education. They said $9.6 million over five years. In my estimation, that is not enough. I do not know if they are going to be able to afford an adequate education campaign with that amount of money over five years. Nevertheless, it is money put aside. It is money that was promised to this cause, and the Liberals did commit to a “robust”, which is the Prime Minister's word, campaign with regard to educating young people.

To date, we have seen nothing. There has been no action, nothing, just a broken promise. We see them talking out of one side of their face saying that education is very important and we want to keep it out of the hands of young people, but then out of the other side, they are actually not willing to move the dial and invest money in getting an education program up and running, which of course means that we are actually setting young people up for experimentation and for the normalization of drug use among our children.

I have yet another concern. This proposed legislation would allow for four plants to be in every household. Let me amuse the House for just one moment. I did a little research, and one plant equals 1.2 kilograms or 1,200 grams of marijuana, which is how much that would produce. If there is 0.66 grams in each joint on average, which is what my research told me, then one plant would actually produce 792 joints. However, we would be allowed not one but four plants, and four plants would actually produce 3,168 joints. Now at 3,168 joints—and on average people smoke about three joints a day, which is what my research told me—then four plants in a household would produce 1,056 days worth of joints. I ask the House if that sounds like a personal amount. I am just curious. This would leave plenty to sell and plenty to use, and those plants would be right in a person's home.

I am not speaking out on this on my own. Law enforcement agents are also very concerned about this, and they are begging the question of why we would allow four plants in a home when we are legalizing marijuana and people can go down the street and get it a store.

My next point is with regard to law enforcement agents. They came to the committee and told us their concerns, and there are many of them. One is that they are concerned about the deadline of July 1. They are telling us that they will not have their men and women in uniform trained to deal with this. They are saying that the wait list for training is super-long and the cost is extravagant. Not only that, but agents would have to be sent to the United States to access that training. In essence, they told the committee that they needed more time and more than double the number of police officers who are certified to conduct roadside drug-impaired driving testing.

This should concern us. I do not want to be on the road. I do not want my nieces, nephews, brother, sisters, parents, or anyone else on the road when there are individuals out there who are impaired, and that is normal. I am not okay with that. Again, we need that robust education program put in place so that people understand. Also, we need law enforcement agents in place so that they can actually enforce the law.

The officers who came to committee also said that we can expect about a six- to 12-month gap between the legislation coming into effect when people legally have access to marijuana and the point where the police are actually caught up and able to enforce. This is a six- to 12-month gap, and they said that this will allow organized crime to “flourish”. So much for keeping organized crime down.

I also want to draw to members' attention the costs and consequences that this proposed legislation would mean for municipalities and provinces. We are talking about a cost for our law enforcement agents. We are talking about a cost with regard to putting policy in place. We are talking about insurance costs for private employers and policy costs at that level as well. We are talking about costs with regard to just different legislative pieces that have to be put in place, and all of the consultations and legal work that have to be done around that.

All in all, the point I wish to make today is that the Liberals are rushing through with the bill. They are choosing to rush this proposed legislation through based on an arbitrary deadline that carries absolutely no weight or essence in the House. They could stop it. They could halt it. They could adequately consult. They could be responsible and listen to the experts who have spoken on this proposed legislation. Right now, the government is choosing to act irresponsibly, and I highlight the word “choosing”. They are choosing to put inadequate legislation in place over this country.

[Colin Fraser, Liberal, West Nova, NS]

Mr. Speaker, we did hear lots of interesting testimony at our committee. I appreciate the question the member is asking.

However, it is important to keep in mind a couple of things. First of all, the current system is not working. It is not working as we have the highest cannabis usage rate by young people in the entire world. Second, we also have to recognize that the criminal elements that are involved are profiting greatly from the current system.

As part of Bill C-45, the government, rightly, put in place a framework through which we can ensure that we are able to combat the scourge of drug-impaired driving on our roads, which is happening now. We know that there is an effect that will take place if people are fearful that they will get caught, that if they are using cannabis and driving they will be caught, and that if they are impaired, they will be prosecuted.

With regard to some of the comments my friend made regarding the tools and the training that police officers need, the government has put substantial resources behind the legislative framework to ensure police officers have the tools and the training they need. It is almost $300 million for that alone to be rolled out in due course. It is very important and vital that we get this right. The government is committed to doing it. It will be reviewed in three years' time. The money is there to make sure that the police have the tools and the training they need.