Cannabis Act

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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2018 Passed Motion respecting Senate amendments to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Passed 3rd reading and adoption of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (recommittal to a committee)
Nov. 21, 2017 Passed Concurrence at report stage of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Passed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Failed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (reasoned amendment)
June 6, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

Criminal CodeGovernment Orders

June 17th, 2019 / 11:45 p.m.
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Liberal

Colin Fraser Liberal West Nova, NS

Mr. Speaker, although I must reject the premise of the question, I can say a couple of things.

The member mentioned Bill C-45, and Bill C-46 being the companion piece, dealing with impaired driving. Earlier today, a Conservative member talked about MADD Canada. In fact, it supported Bill C-46 and the impaired driving regime that was put in place as a result of Bill C-45 coming into force. Giving police officers the tools they need to keep our roads safe was important. That is why MADD Canada supported this government's proposal in Bill C-46.

As it relates to other initiatives dealing with the criminal justice system, there is a fundamental misunderstanding on the part of those who suggest that, as I dealt with in my speech, giving the Crown more flexibility in determining which procedure to use somehow minimizes the impact of the penalties that would be imposed by the courts. That is simply not true. It is a fundamental misunderstanding of the criminal justice system. I invite my friend to read section 718 of the Criminal Code, which clearly identifies the principles of sentencing, based on the circumstances of the offence and of the offender.

Criminal CodeGovernment Orders

June 17th, 2019 / 11:45 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, I am not sure I will be getting up again in Parliament. We are coming to the end of this time and I will not be back in the fall, so I want to take a moment to recognize the staff members who spend so much of their time trying to get us ready so that we can come into the House and do our job. I want to particularly acknowledge my present staff, Anita Hindley, Anna-Marie Young, Joycelin Ng and Tristan McLaughlin, for the work that they do.

In the House we often find ourselves at odds in terms of perspectives on issues and certainly that has been the case with the bill. Liberals have failed in so many areas in terms of justice bills. I think of Bill C-45, when they were told they were going to end up in court over their drunk driving provisions. That certainly is happening.

This bill lessens sentences for dozens of different offences in spite of what the Liberals are saying tonight. I am wondering if the member opposite could tell us why all of their conversation about justice issues is focused basically on giving criminals a break and so little of it is focused on protecting the public and victims of those crimes.

Criminal Records ActGovernment Orders

June 6th, 2019 / 4:40 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Madam Speaker, it is a pleasure to once again speak to Bill C-93. This bill has a number of flaws and perfectly illustrates why Canadians' trust in the Liberals has been broken. On the eve of the election, the government is settling for half measures that are not even guaranteed to pass.

As the parliamentary secretary said, we oppose this bill. We are not here to give the Liberal government a free pass for measures that very few people will be able to access. For example, I will talk about Bill C-66, which established an expedited procedure for expunging criminal records of LGBTQ community members sentenced for behaviour that is no longer deemed criminal. This objective is commendable and we support it, but an automatic process would have been preferable.

We can look at the numbers for the sake of comparison. When Bill C-93 was in committee, we learned that of the approximately 9,000 people who were eligible for the procedure established under Bill C-66, only seven had applied. In committee, we asked government officials for an explanation, but naturally, they were unable to respond. I would certainly be able to provide some, just as the experts did in committee. I will come back to that.

Meanwhile, the government said that it would advertise through non-traditional means. Is it talking about tweets, Facebook posts or pretty hashtags? I have a hard time believing that these ads will be seen by the right people, who are often in precarious situations. We are talking about vulnerable Canadians, racialized people, indigenous peoples and low-income Canadians. Factually and statistically, these people are the most likely to have a criminal record for simple possession of marijuana.

This is easy to prove. Here in the House, the Prime Minister publicly stated that he had once smoked marijuana recreationally, as did other politicians. There is nothing wrong with that. Black people in Toronto, however, cannot get away with it that easily. They are the most likely to have a criminal record for simple possession of marijuana. This is a serious problem and is one of the reasons we oppose this bill. It is clear that the people who need this process the most are the same ones who will not benefit from it.

I would like to talk a little bit about the study in committee in order to explain why the NDP does not support this bill. First, a criminal lawyer told us that this was the least Parliament could do and that it was better than nothing but that parliamentarians have a duty to do much better than that. I could not agree more.

The NDP's commitment to Parliament involves doing our best to help those who need it most. We do not want to settle for taking a tiny step in the right direction. The lawyer I mentioned, Solomon Friedman, also raised several problems with the record suspension system. Those problems are not an issue in the NDP's approach of expunging criminal records. He mentioned two factors.

The first is good conduct. Those who apply for a criminal record suspension, whether under the process proposed by Bill C-93 or the usual process, must demonstrate that they are being good citizens. For the average Canadian, that means refraining from robbing a bank or murdering someone, for instance, as farfetched as that may sound.

Actually, Mr. Freidman explained that it could include getting a speeding ticket or causing a minor accident with another vehicle by turning onto a one-way street and the police is called in. These actions would be considered bad behaviour. Fortunately, the leader of the Green Party and member for Saanich—Gulf Islands introduced an amendment to fix the problem. We introduced a similar amendment that went even further. I will come back to that in a moment.

The government's amendment appears quite good, but if the government acknowledges this flaw and the distinction between record suspension and expungement, why did it not simply agree to expunge the records from the outset? That was what my colleague from Victoria's bill called for. Incidentally, some Liberal and Conservative members supported it.

There are other differences between the two approaches, but I want to come back to the amendment. The Liberals moved a sub-amendment to the proposed amendment, which then lost an important element that was found in one of my amendments, which was rejected. Simple possession of a reasonable quantity of cannabis, just like its consumption for recreational, medical or other purposes, is now permitted under the law following the passage of Bill C-45 earlier in this Parliament. An individual who obtains a record suspension for simple possession of cannabis could subsequently commit another crime for all sorts of reasons. I am not excusing the crime or stating whether it would be justified. This is a hypothetical situation.

Under Bill C-93, if an individual with a criminal record for simple possession of marijuana has his criminal record suspended and subsequently commits a crime, no matter how minor or insignificant it may be, the record is reinstated. That makes no sense. I do not understand that. If the member for Sherbrooke, the member for Saskatoon West, the member for Courtenay—Alberni, or even I, or anyone else, were in possession of cannabis, that would not be considered unlawful under the act.

An individual can get a record suspension through a government-approved process because the offence they committed is no longer an offence. That individual might go on to commit a crime, perhaps due to being marginalized, as the vast majority of people burdened with the injustice of a criminal record for simple possession of cannabis are. This bill is an attempt to repair that injustice. The individual might be struggling with very difficult circumstances. We do not know all those circumstances.

The government says it wants to help these people, but its new system is flawed. If these people trip up at any point in the future, their criminal record will be reinstated and they will no longer benefit from the Liberals' system.

If their records were expunged, as the NDP and all the committee witnesses except for the minister suggested, the records would no longer exist. No matter what future difficulties people might encounter, that record would be gone for good.

I also want to speak about other vulnerable individuals whom this bill does not help. I want to speak about the issues raised by the Native Women's Association of Canada, which came to committee and said that one of the groups that would benefit the least from this legislation is indigenous women, because of all the barriers that would still exist despite this process.

Earlier, I asked the member for Lanark—Frontenac—Kingston about the fact that, by not making the process automatic and calling it “no-cost”, the government is misleading Canadians who may want to benefit from this process. Why is that? As every witness said in committee, there are sometimes enormous costs associated with obtaining the necessary documents to apply in the first place, especially for the individuals who seek to benefit from this process.

The application no longer has a cost, but people have to pay to get their fingerprints, pay to go to the court to find their old records, if they even still exist, which is something I will come back to in a moment, and they have to pay for any other documents they might need. The costs could be hundreds of dollars, and it varies from jurisdiction to jurisdiction.

If people live far away from an urban centre, in a region that is already underserved and where vulnerable Canadians, indigenous people and others are already victims of a system that is fixed against them in many ways, they are even more disadvantaged by those barriers that would remain in place despite this legislation. That is unacceptable.

What could have been done? We proposed an amendment that was unfortunately ruled beyond the scope of the bill, which is interesting. I challenged the chair and the Liberals voted with the chair, which is not surprising, but the explanation that was provided by the law clerk in committee was interesting, when he argued why the amendments were beyond the scope of the bill. He said that all the bill seeks to do is take the existing record suspension process, which everyone agrees is fundamentally unequal, and make it a bit easier in some aspects.

However, by making it automatic, we would get rid of those barriers. It was pointed out to us by the Canadian Association of Black Lawyers, the Native Women's Association and others that many of these individuals do not even think they have criminal records anymore because they paid their fines, which is considered time served, and have moved on to other things. They do not even know.

Anyone in this room who has dealt with government, and certainly we have, in our offices, by the very nature of our work, knows that if it is hard enough for those of us within government to deal with the government apparatus and to have the proper knowledge, then certainly it is true for the most vulnerable Canadians.

Even the idea of making the system automatic was a compromise. We initially wanted criminal records to be expunged, but we said we could live with record suspensions. We were not happy, but we wanted the government to at least make the process automatic. It refused. It will not even accept a compromise.

I said earlier that I would come back to the issue of documentation and poor records management in Canada. It is madness. Ask the police about the Canadian police database. Ask about a crime being committed in Ontario and having to search for records in Alberta, Quebec or elsewhere. It is crazy to see how poorly managed these records are. One of the things that needs to be done is a digital upgrade.

The Conservatives proposed an amendment that all committee members supported. If a person could no longer locate documents because they had been destroyed or lost, they could sign a sworn statement explaining the lack of documentation. The Parole Board of Canada would be able to accept this sworn statement, this letter or declaration, so that the person could move forward with the process.

Everyone was happy. It was a step in the right direction. When the bill came back to the House at report stage, the amendment was quashed. The government turned it into an option the board could choose to make available in very specific cases. The amendment might as well not have been adopted, because it will not help anyone.

That brings me to my next point, which is about the most shameful and frustrating part of the whole process. I have been an MP for eight years. I have great respect for the public service and for public servants who work very hard with very little in the way of resources, despite what the general public might think. What I saw during the committee's study of this bill was unbelievable.

When we asked the minister why this process could not be made automatic and why the records could not be expunged, he flat out said that it was too much work. I swear that is what he said, and I invite my colleagues to read his testimony. We heard the same thing from the representatives of the parole board and during clause-by-clause consideration. When I proposed amendments to make things easier for the people this bill is meant to help, the Liberals asked officials to provide a reason for rejecting my amendments. What did they say? They said that they did not have the capacity, that they did not know how they would do that and that it would be too much work.

The government says that better is always possible. It introduced a bill to help people in our society who are caught in a tough situation, but it refuses to accept a better approach, one supported by everyone who testified at committee. It seems it is too much work for the parole board. According to police, civil society and every expert in the legal community, the parole board has been mismanaging records for far too long. It is far from being the best system. In fact, it is quite the opposite. It is unacceptable.

It is even more shameful given that the committee conducted a study. When the minister was appointed, he came in with great fanfare, much like the rest of the government. He said that the government was going to address all of the injustices created by the previous government and all of the injustices in society. To hear him talk, this was going to be the best government in the history of the universe. According to him, there was no need to worry.

Four years later, what is happening? It costs about $650 for a person to have their criminal record suspended. I do not have the exact number in front of me. There are some disadvantages to giving a speech without any notes. People are being asked to pay about $650 to apply for a record suspension. That measure was put in place by the previous government. Some of the wording has been changed. Now, we talk about record suspensions instead of pardons. As the former Conservative government would have said, a criminal can never be pardoned. The minister said that there was a major injustice in the system and that he was going to fix it.

What happened then? Following in the footsteps of several other members, a Liberal member who, I have to believe, had good intentions, hopped on the bandwagon and ordered a committee study. Most people will have only one opportunity in their entire life to introduce a motion or bill in the House. The member called for a study of criminal record suspensions.

I think he could have asked the committee to conduct the study. It would have gladly done it, but let us put that aside. The member's intentions were good. The member for Saint John—Rothesay appeared before the committee and said that an automatic process should be considered for minor crimes, such as simple possession of cannabis.

We did the work and produced a report. The committee presented its report to the House. The government said it would look at it. Incidentally, Public Safety Canada had already commissioned an Ekos survey that found that three-quarters of Canadians supported simplifying the process for applying for a criminal record suspension, because it would allow individuals to reintegrate into society and get a job. Indeed, 95% of people who are granted a pardon or record suspension do not reoffend.

What did the government do? If I were sitting down, I would fall out of my chair. The government presented the same recommendation that had already been made, which would have been a footnote to our study of the bill, based on what the minister said.

It really fuels cynicism when a government says it will do one thing when it comes to power, but then does not do it. One of the government's own members orders a study. The government says it will do it, and then it does not. Then, a month before the House of Commons' last sitting before the election, the same Liberal members say in committee that we did not really have enough time to do the study and that perhaps it should have been done or will be done with the next government.

This is why we oppose Bill C-93. In the justice system and the public safety system, people were far too often penalized for the colour of their skin or the place they lived. We truly want to help these people. We do not want half measures that fuel cynicism.

Third ReadingCriminal Records ActGovernment Orders

June 4th, 2019 / 11:20 p.m.
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Conservative

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

Madam Speaker, I thank my colleague for the question.

As we have seen for going on four years now, the Liberals always seem to be looking for new ways to make life harder for Canadians. As the hon. member was saying, there are much simpler ways to go about drafting this type of legislation, but the Liberals have gone with a much more complicated process in order to pander to their friends. That is my analysis.

Unfortunately, it was the same thing with Bill C-45. By refusing to take the concerns of municipalities into consideration, the government made things a lot harder for them. They basically kicked the problem to the provinces. The Liberal mind will always seek to make things as complicated as possible for Canadians, who are sure to struggle as a result.

One can only hope the Liberal reign will soon come to an end so we can finally move on with our lives.

Third ReadingCriminal Records ActGovernment Orders

June 4th, 2019 / 11:05 p.m.
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Conservative

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

Madam Speaker, I am pleased to take part in this debate on Bill C-93 on record suspensions for simple possession of cannabis. I will be sharing my time with one of my colleagues.

From the outset I would like to say a few words about Bill C-45 because it is impossible to forget. It was no great feat of the government opposite, but it was one of the Prime Minister's rare accomplishments. That should be noted.

Nonetheless, no one will forget that Bill C-45 was bungled from the start and now that it has been in effect since last October, it certainly has not been a resounding success. Many of the projected outcomes of legalizing marijuana did not come to fruition, including reducing the sale of cannabis on the black market to curb organized crime. In fact, the opposite happened. Cannabis sales on the black market have increased.

I cannot ignore the fact that the government opposite also rejected our amendment to create a public registry of investors in the cannabis industry. However, since many of them have direct ties to the Liberal Party and since the money comes from tax havens, we are not holding our breath for the government to set up a public registry. The Liberals said that they would do politics differently and transparently. Fortunately their time is coming to an end.

When the Prime Minister came to power, he decided that his 2015 election promise to pass Bill C-45 at any cost was a national priority, even though other priorities could have easily come before Bill C-45. Like many Canadians, I still have a hard time believing that there was absolutely nothing more important in Canada than legalizing marijuana. Too many people put their trust in the Prime Minister in 2015, believing that he was creating hope in many respects for Canadians. Now, in 2019, it is plain to see that he made a lot of promises and did not follow through on much.

Was legalization truly more important than the economy, safety and security, justice and the future of our children? I believe the history books will confirm that that was indeed the case in this 42nd Parliament.

Getting back to Bill C-93, I want to point out that it can lead to confusion with respect to the use of the term “suspension” in the notion of the record suspension for simple cannabis possession. I want to highlight the importance of thoroughly understanding everything about this notion because many people are surprised to learn about the consequences this could eventually have when they wish to cross the border into the United States.

As we know, U.S. customs have always been very strict when checking the records of Canadians seeking to cross the border and enter their country. They have become even stricter with the legalization of cannabis. When they see that a Canadian has a suspended record for simple possession of marijuana, I am convinced, as are others, that this will have negative rather than positive repercussions. The expungement of criminal records for the simple possession of cannabis would have avoided all of this.

This leads me to wonder about the effectiveness and the goal of this measure. If they wanted to do something about this, record expungement would potentially have been much more effective.

Furthermore, we are debating this matter because after the government legalized marijuana, many Canadians were left with a criminal record for simple possession and inevitably wanted this record expunged. They know very well that a suspension is not as good as an expungement.

Many Canadians have this offence on their criminal records, which prevents them from travelling to the United States. This could be why a powerful lobby asked the Liberal government to suspend the records. Funnily enough, this demand was very much a ploy to win votes, as there are not many days left before the end of this Parliament.

Bill C-45 took effect in October 2018, and the Prime Minister chose to ignore the concerns about the legalization of cannabis expressed by municipalities, police forces, employers, doctors and a number of concerned parents. The Liberals rushed to introduce Bill C-93 at the last minute, at the end of this Parliament, just before the upcoming election. This makes me think that they are desperately trying to pad their record, which is currently light on positives.

The Liberals already promised to legalize cannabis so now they want to please another consumer group, those who were charged with simple possession of cannabis, by quickly getting rid of their criminal record. Still today, an offender with a criminal record for simple possession of cannabis has no choice but to wait between five and 10 years to apply for a pardon. The application costs $631. It is important to reiterate that the cost associated with applying for a pardon was determined based on the cost to the Canadian government and taxpayers, which is fair and equitable. We always felt that is was not up to law-abiding taxpayers to pay for those who break the law.

Bill C-93 is a fait accompli. That being said, even though sound management of public funds is a Conservative priority, we agreed to make pardon applications for simple possession of marijuana free of charge. We know that some verifications were made, that roughly 10,000 people would be eligible to apply for a pardon and that the cost associated with these applications, which would be covered by taxpayers, would be roughly $2.5 million.

It is important to remind those tuning in at this late hour that the purpose of Bill C-93 is to pardon individuals accused of simple possession of cannabis. These are not people with long and colourful rap sheets. As many people have pointed out, the charges usually stem from youthful indiscretions, and in most cases, that is something we can understand.

As such, we believe that Canadians should have timely access to no-fee record suspension. However, as with any bill, it is vital that we ensure it is enforced intelligently, fairly and realistically so that it becomes a good law once passed.

Conservatives understand perfectly well that criminal records for simple possession of cannabis should not create an unjust burden for Canadians now that cannabis use is legal.

Nevertheless, as a responsible party that respects law enforcement, the justice system and public safety, we will always take it upon ourselves to closely monitor the implementation of Bill C-93.

Criminal Records ActGovernment Orders

June 4th, 2019 / 10:05 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, my colleague, the member for Charlesbourg—Haute-Saint-Charles, began his speech by talking about all the work done by the committee.

Some of his comments are the same ones we often hear when undertaking studies in committee. The Conservative members proposed amendments during the process. Our approach is very technical. We do not play political games when we move amendments. We really try to improve the legislation and how it will apply in real life.

The member started to speak a little about how this bill was treated in committee. I would like to hear more about the Conservative amendments that were rejected.

I also think that this bill should have been introduced along with Bills C-45 and C-46. In fact, the three issues should have been dealt with in an omnibus bill.

As a member of Parliament, I voted in favour of the expungement of criminal records. At the time, I believed that it would be the best approach. Bills C-45 and C-46 were passed and received royal assent, and the Liberals have had plenty of time to try to find a technical solution to the problems faced by people with a criminal record who are applying for a pardon, while addressing criminal records at the provincial and municipal levels and the associated costs.

I would like my colleague to talk about the work done in committee. Which Conservative amendments were rejected by the government, even though they would have reduced the impact on people on the ground and made this bill better?

Criminal Records ActGovernment Orders

June 4th, 2019 / 10 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I thank my colleague for his question. Indeed, in all matters, there are ways of doing things.

The past four years have been intense, for example, with Bill C-45, the most botched bill that the House has ever had to deal with. It nevertheless has a big impact on Canadian society.

The same is true with Bill C-93. Time is running out. As I mentioned in my speech, we proposed simple, intelligent amendments, but the government rejected them. It is also still not listening to police officers.

Lastly, the government has had no idea what it was doing all along.

Criminal Records ActGovernment Orders

June 4th, 2019 / 9:40 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I rise today to speak to Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

Before talking about Bill C-93, I have to say a few words about Bill C-45, because Bill C-93 builds on it. One of the Prime Minister's rare accomplishments from the past four years is a completely botched bill. From the start, Bill C-45, the Cannabis Act, was not well received, especially because of the way the bill was originally put together. Bill C-45 was poorly received because marijuana legalization was by far the most pressing national issue for the Prime Minister. Instead of addressing organized crime, violence against women, or the economy, the government chose to focus on Bill C-45 to legalize marijuana. It was very urgent.

In her speech, the Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness mentioned information obtained from journalist Alec Castonguay of L'actualité. According to Mr. Castonguay, organized crime has experienced a drop in sales. I wonder if my colleague could provide more information that could be verified with police forces like the RCMP and the Canadian Police Association, which are on the ground and must receive much more technical information that is also available to the government. Unfortunately, we cannot consult that information. Mr. Castonguay is an excellent journalist, but I think the government could provide us with more specific information.

What mattered most to the Prime Minister was giving Canadians from coast to coast to coast access to cannabis. The House may recall that that was his first campaign promise. Now that Bill C-45 has become law, the Prime Minister is realizing that he forgot a step. That is why, at the end of this session of Parliament, we now have to study Bill C-93.

In 2015, the Prime Minister promised an open and transparent government. He promised to save Canada from the bad Stephen Harper. He made many, many promises. Many Canadians put their trust in him and voted for him. Some of them believed so strongly in his message of hope that they decided to run in the last election “because it is 2015”. Today, in 2019, after becoming disillusioned and witnessing the Prime Minister's many mistakes, many Canadians and even some Liberal members have basically thrown in the towel.

Canadians are tired of seeing the Prime Minister dance around when it comes time to work. They are frustrated with seeing the Prime Minister talk when he should be taking action. They are worried that the Prime Minister is welcoming terrorists, contract killers and other criminals without lifting a finger to help victims of human trafficking and our veterans who gave everything for Canada. They are sick of seeing the Liberals go after law-abiding citizens and ignoring organized crime and ISIS traitors. They are sick of it.

They saw the Prime Minister go after women in his cabinet because they resisted. What was their crime? They simply wanted to obey the law.

Canadians and the Liberal MPs who have decided not to come back are sick of seeing the Prime Minister refuse to take responsibility for his blunders, and this October, Canadians will take action. A number of Liberal members have already taken action, in fact. Several have quit the caucus, and others have already announced that they are leaving politics. The Toronto Star is already touting a potential replacement for the position of leader of the Liberal Party. They are sick of all this too, but that is another story.

Bill C-93 would change the pardon process and eliminate fees for Canadians previously convicted of marijuana possession. With cannabis legal as of October 2018, this bill would help Canadians who were convicted of something that is now legal by allowing them to apply for a record suspension without being subject to the usual waiting period or fees. Offenders usually have to wait five to 10 years after serving their sentence, depending on the type of conviction, and the application fee is $631.

This legislative measure seems to be another proposal that was hastily brought forward for political purposes. It is obvious that the Liberals did not take the time to do a thorough analysis. As it stands, this bill proposes a new type of record suspension that cannot be easily revoked and that can be granted automatically without any knowledge of an individual's past history. As with Bill C-45, we are committed to fixing this bill in October, when we form the next government. We want to ensure that we maintain the integrity of our record suspension system.

We support the idea of an expedited pardon process, but we want to ensure that it is a fair process. That is why we proposed amendments. We very quickly realized that the bill could be improved. However, the Liberals have a majority in committee and in the House, so they no longer feel the need to listen to Canadians. For example, we proposed that applications for a record suspension be submitted through an online portal. My colleague spoke about this earlier, and I would like to thank her, because this is new to me. The Liberals have finally listened to the Conservative MPs, but the fact remains that the amendment was rejected. Not only would this measure have saved taxpayers money, but it would also have made it easier for Canadians to apply.

We proposed a measure to allow applicants whose records were destroyed to swear an affidavit explaining their situation and certifying that they are eligible. This would have made the process even more fair. The Liberals agreed to this amendment in committee but changed their minds at report stage and decided to reject it. Once again, I remain doubtful.

Why would they refuse a measure proposed by the Conservatives that would help the public? We do not agree much on the process overall, but we tried to improve it. Our Liberal colleagues agreed with this change in committee. Why, then, did the government reject the idea at report stage? We still do not understand why this amendment was rejected.

We also proposed to restore the Parole Board's discretion to conduct inquiries to determine the applicant's conduct since the date of the conviction. Obviously, someone who has committed other crimes since the original conviction should not be eligible for a pardon like someone else who did not commit another crime. The Liberals also rejected this proposal.

Another one of our amendments would have restored the Parole Board's discretion to conduct an inquiry into all of the factors it could consider to determine whether granting a record suspension would bring the administration of justice into disrepute. The Liberals obviously defeated this amendment.

Our proposals were therefore serious and balanced, but the Liberals, with their majority on the committee and in the House, did what they wanted. They agreed to only one of our amendments, the one requiring the board to include a review of the law's success rate and the associated costs in its annual report. Of course that was only to appease us. I thank them, but it is still a little insulting to have those amendments rejected, considering how we worked in committee.

Ideological fights often erupt in the House. The NDP thinks one way, the Liberals think a certain way, the Conservatives think a certain way and the Green Party thinks a certain way. However, during the committee study, we managed to set ideology aside and come up with technical amendments that had nothing to do with ideology. If we try to co-operate and that does not work, the members opposite should not be surprised when there is some friction on certain issues.

There are many examples to show that the Liberals do not take crime seriously. The amendments we proposed would have improved the bill's procedural fairness and given the Parole Board of Canada better tools to enforce this new law more effectively.

As currently worded, this bill allows for a pardon before the fines are even paid. That seems to be very bad accounting to me. In other words, the fines will remain on the individuals' records, but the provinces will have no way of collecting them. We see that Bill C-93 is poorly crafted, just like Bill C-45. These are aspects of a bill that was rushed in order to fulfill a promise at the last minute. In her speech, the parliamentary secretary said that all this would be fixed later. In trying to rush things, the government is taking shortcuts.

In October, when a new Conservative government is elected, we will have to redo all this work to ensure that all the actors involved, the agencies, organizations, and the provinces, have the answers to their questions. There are many, many questions that remain unanswered.

With respect to the record suspension process, the Department of Public Safety estimates that this measure will cost roughly $2.5 million. Jean Chrétien said that the gun registry would cost $2 million and it ended up costing $2 billion. We know that likely will not happen, but we know what those evaluations are worth.

Moreover, while approximately 250,000 people have previously been charged with simple possession of marijuana in Canada, officials estimate that only 10,000 people will apply, possibly less. That is puzzling. To come up with the figure of $2.5 million, it was estimated that this would cost the government $250 per person. That is less than the current amount of $631 per application because there will be no need to do a background check, as is normally the case.

That being said, the 10,000-people estimate does not seem very high to me. At first, the information we had indicated that 500,000 people had been charged with simple possession of marijuana. In the end, officials told us that it was in fact only 250,000. It is also surprising that they expect only 10,000 people to apply. Based on various assessment criteria, the government does not expect more people than that to apply for a pardon.

The other option, expungement, would involve minimal cost, but it would not apply to individuals charged with more serious offences who negotiated lesser charges or who were in possession of a quantity above the current legal limit. That could be problematic. Judges, Crown prosecutors and the police negotiate deals with individuals who are guilty of other crimes to speed up the process, but if we do not take people's criminal records into account in the pardon process, they could be let off the hook for a different crime.

In that regard, Tom Stamatakis, president of the Canadian Police Association, said the following:

In those circumstances, it is possible that both the Crown and the court may have accepted the plea agreement based on the assumption that the conviction would be a permanent record of the offence and would not have accepted the lesser charge if they knew this would be cleared without any possibility of review at a future date.

That is why, after hearing the testimony of the Canadian Police Association, we proposed an amendment to the bill to delete clause 6.

In his haste to deliver on his self-imposed legislative agenda, the Prime Minister failed to consider the many concerns of municipalities, law enforcement, employers, scientists and doctors regarding the legalization of cannabis. Similarly, the Liberals adopted this bill related to cannabis legalization in the last few weeks of this Parliament without consulting the main stakeholders, including law enforcement.

Now that cannabis is legal, Conservatives understand that criminal records for simple possession of cannabis should not place an unfair burden on Canadians, but we will be monitoring the implementation of this bill, and we promise to assess how well it is working and how fair it is when we take office in October.

As with Bill C-45, the Conservatives will also amend Bill C-93 in order to ensure that it effectively provides appropriate access to no-fee record suspension. We believe that Canadians should have timely access to no-fee record suspension and we will ensure that the law upholds the integrity of the Parole Board of Canada so that Canadians can have their records suspended.

Come October, when we form the government, we will have a lot of cleaning up to do. Our priority will be the real needs of Canadians, including their safety and their prosperity. Everything we do will be for Canadians. When we go to India, it will not be to dance and wear costumes. When we go to Washington, it will be to work and to clean up the mess made of the new free trade agreement. When we invest taxpayers' money, I guarantee it will not be to reward murderers, terrorists or dictatorships that are detaining our citizens on bogus charges. We will also clean up the mess at our borders. We will prioritize new Canadians who obey Canadian laws, and we will crack down on those who cheat and jump the queue. As a government, we will show compassion to those in need, as well as taxpayers. We will take action to improve the environment, but not by dipping into taxpayers' pockets.

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June 4th, 2019 / 9:35 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I appreciate our hon. colleague's candour and honesty in answering questions.

One of the questions I have goes back to the fines that are owed, specifically in terms of municipalities. The number one cost to municipalities is policing. With the passing of Bill C-45, there have been additional costs that have been downloaded to the municipalities. They are still trying to work out how they recover those added costs between the provincial governments. There is still a lot of what-ifs up in the air. One of the ways municipalities would be able to actually mitigate some of the costs would be the fines that would be owed to them through these convictions.

If they are left owing, there is still another what-if. Is the federal government prepared to step in and assist these municipalities in terms of the offloading, paying or assisting with the payment of those fines?

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June 4th, 2019 / 9:15 p.m.
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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I am pleased to start off the debate at third reading of Bill C-93. This measure will make the pardon process simpler and quicker for Canadians convicted only of simple possession of cannabis. This is the next logical step in our efforts to establish a safer and more efficient system for cannabis.

During the last election, we committed to legalizing and regulating cannabis. We did that last fall. At that time, we committed to establishing a way for people to get their records pardoned with no waiting period or application fee. Now we are on the cusp of passing legislation to do just that.

I am very appreciative of the members of Parliament who have participated in the debate on the bill in the chamber. I would especially like to thank all the members of the public safety committee for their usual thorough analysis. My thanks go out as well to the witnesses and to those who provided written briefs.

Ordinarily, to apply for a pardon, people have to serve their full sentence, wait five or up to 10 years, collect and submit police and court records, and pay a $631 application fee. People also have to convince a member of the Parole Board that they meet certain subjective criteria, namely, that they have been of good conduct, that the pardon would give them a measurable benefit and that granting them a pardon would not bring the administration of justice into disrepute.

It is an expensive and time-consuming process, but people go through it because of how valuable a pardon really is. The public safety committee has studied pardons at length, not only in the context of this bill, but as part of a broader study initiated by Motion No. 161 from the member for Saint John—Rothesay.

During that study, a witness from the Elizabeth Fry Society said that a pardon is like “being able to turn that page over” and allows people “to pursue paths that were closed to them.” A witness from the John Howard Society testified that pardons “allow the person to be restored to the community, as a contributing member without the continuing penalization of the past wrong.”

Getting a pardon means that when a person undergoes a criminal records check, it comes up empty. That makes it easier to get a job, get an education, rent an apartment, travel, volunteer in a community and simply live life without the burden and the stigma of a criminal record.

Clearly, now that possession of cannabis is legal, people who have been convicted of nothing but that should be able to shed their criminal records. Given the reality that the prohibition of cannabis had disproportionate impacts on marginalized communities, it is important for the process to be as simple, straightforward and accessible as possible.

That is why, with Bill C-93, we are taking the unprecedented step of completely eliminating the $631 application fee and completely eliminating the waiting period. We are also completely eliminating the possibility that the Parole Board could deny such an application on the basis of subjective criteria like good conduct.

Also, thanks to an amendment at committee from the member for Toronto—Danforth, people will be able to apply even if they have outstanding fines associated with their cannabis possession conviction.

Due to an amendment we voted on at report stage yesterday, people whose only sentence was a fine will not be required to submit court documents as part of their application. That is because the main purpose of court documents for those applicants would be to show that the fine was paid, and that just will not matter anymore. Taken together, these measures remove many of the expenses and obstacles that could otherwise prevent people from getting pardons and moving on with their lives.

I was glad to see that the bill received overwhelming support from hon. members in the House yesterday. We have a process that will be created by Bill C-93 that is simple and straightforward without unnecessary obstacles placed in the path of applicants.

One of the issues that has come up over the course of the study of Bill C-93 is the question of why it proposes an application-based system. Some have asked why not just do it like some California municipalities and erase all the records with the press of a button? We do have an electronic police database of criminal records here in Canada, however, that database does not contain enough information to allow for a proactive amnesty.

For one thing, it generally does not contain information related to summary conviction offences, which is how cannabis possession is most often charged. And for another, it generally does not say whether a person possessed cannabis or an entirely different substance.

Information is entered into the database by individual police officers right across the country. Most of the time for a drug possession charge, the officer just enters “possession of a controlled substance”. It could be cannabis but it also could be cocaine.

To get the details and to find out about summary convictions as well as indictable offences, police and court documents have to be checked. Unlike in California, those documents are kept by many different jurisdictions. They are housed in provincial and municipal repositories across the country, each with its own individual record-keeping system.

Many Canadian jurisdictions have not digitized their records. They exist in boxes and filing cabinets in the basements of local courthouses and police stations. Without applications that enable the Parole Board to zero in on the relevant documents, it would take a huge amount of staff and many years to go through it all. Quite simply, a flick of a switch option that we have seen in California would be wonderful and we would like nothing better than to do just that. In Canada however, that is simply not physically possible in any reasonable time frame. Nevertheless, we are certainly aware of the importance of making the application system under Bill C-93 as simple and accessible as we possibly can.

The public safety committee has made recommendations to continue seeking ways of further reducing the cost to applicants. We have responded with a report stage amendment removing the need for court records for some applicants, and we will keep working to this end.

The committee also encouraged the Parole Board to explore options for moving towards a more digitized system capable of receiving applications electronically, something particularly important for Canadians in rural areas.

For the reasons I mentioned earlier, enabling a truly electronic system would involve technological enhancements not only at the Parole Board but in provinces, territories and municipalities as well. That is a considerable undertaking, but I think we all know that one day it must be done. Our grandchildren should not be breathing the dust off the paper records that we use today. Therefore, I agree with the committee's recommendation to make that advancement happen sooner rather than later.

In the meantime, the Parole Board is taking a number of steps to simplify the application process in other ways. It is simplifying its website and application form. It is creating a dedicated, toll-free phone number and an email address to help people with their applications. It is developing a community outreach strategy with a particular focus on the communities most affected by the criminalization of cannabis to make sure that people know about this new expedited process and how to access it, because accessibility is the most important element of this. The goal is for as many Canadians as possible to take advantage of this opportunity to clear their criminal records and to move on with their lives. It is to their benefit and to the benefit of all of us that they be able to do so.

I would like to conclude by reminding the House just how far the cannabis file has come during this Parliament, from the blue ribbon panel chaired by Anne McLellan, to the massive cross-country consultations in communities from coast to coast to coast, to the passage of Bill C-45 and Bill C-46, both of which received extensive study in both chambers of Parliament, and the coming into force of Bill C-45 this past October.

We legalized and regulated cannabis, as promised, with the goal of keeping it out of the hands of children and keeping profits out of the hands of criminals, and early signs are encouraging. In the first three months of 2019, according to Statistics Canada, the criminal share of the overall cannabis market dropped to just 38%, which is down from 51% over the same period a year before. Reporting on those numbers recently in L'actualité magazine, journalist Alec Castonguay said, “Organized crime no longer has a stranglehold on the cannabis market. It is in decline”.

The prohibition of cannabis was counterproductive. It was a public policy failure. The new regime we put in place last October is already showing encouraging signs, and Bill C-93 is the logical next step. I encourage all hon. members to join with the government to pass this bill so that the Senate can begin its consideration, and so that Canadians can begin benefiting from this new simplified, expedited pardon process as soon as possible.

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May 30th, 2019 / 5:05 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, when I was in opposition and Stephen Harper was the prime minister, fairly strong words came down from the PMO. If an opposition member were to propose an amendment, to not allow it to see the light of day. That has changed from the time of Stephen Harper to the current Prime Minister. We have a prime minister who encourages members of Parliament of all political stripes to look at ways in which legislation can be improved. Whether it is this legislation, or Bill C-45 or many other pieces of legislation, we have seen ministers respond to the presentations being made and listen to members on all sides of the standing committees.

Would the member not agree that this is a much better attitude toward standing committees than Stephen Harper ever had?

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May 30th, 2019 / 4:40 p.m.
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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Today, Madam Speaker, I am pleased to take part in the debate on Bill C-93, which aims to provide record suspensions for simple possession of marijuana.

I would like us to focus on the word “suspension” and the effect said suspension could have when people try to cross the border. During border controls, if American customs officers do background checks on Canadians and find record suspensions for simple possession of marijuana, I wonder what value they would have when compared to expungement, which would certainly be more effective.

As everyone knows, many Canadians have this type of criminal record and so cannot travel to the United States. That may be the reason why a major lobby was pushing the Liberal government to provide record suspensions, which it did in a clear attempt to win votes, seeing as there are only three weeks left in the 42nd Parliament. I am not really sure that this will result in more services or freedoms for Canadians abroad.

I would like to come back to Bill C-45, which is what led us to Bill C-93.

The 42nd Parliament will no doubt go down in history as the one that made legalizing marijuana the top priority. It was done under a Liberal government. I am still wondering why it was considered more important than the economy, the environment and our children's future.

When I made the decision to run as a Conservative candidate in the 2006 election, I was hoping to leave the world a better place for future generations through public policy. This hope is what really motivated me, because I felt that, in my riding, which was a Bloc Québécois riding, there was not enough collaboration with the federal government, and there were not enough federal programs and services. I also thought that the Liberal government of the day was undermining the Canadian economy through its interventions in other countries. These interventions were sometimes hard to understand, and they were impeding international trade. I owned a small business at the time, and I exported hay. Some of the decisions made by the Canadian government were having practically immediate repercussions on my American customers.

That said, I do wonder why such a powerful lobby had such a strong influence on the Liberal Party. When I say lobby, I mean market. The market for marijuana, for drugs, is worth billions. I never understood why the Liberal members did not brush off this powerful lobby.

Political parties often make policy decisions at biennial conventions. They make decisions for the future based on the votes of delegates from each riding and province. Some 2,000 to 3,000 delegates present policies to be voted on.

I do not understand how a party with 2,000 delegates managed to adopt policies to legalize marijuana. Nevertheless, that is what happened. The Liberal Party's hands were tied by its own policies. The Liberals voted, and they kept their promise.

At the last Liberal convention, they also promised to legalize all drugs, which I find quite concerning. They kept their promise to legalize marijuana, and now they must keep their promise to legalize all drugs. It makes me worry about our country's future.

I have always believed that we enter federal politics to make things better for future generations. In my humble opinion, things have taken a disastrous turn. When we regain power and return to the other side of the House, we will have an unprecedented mess to clean up. The Liberal Party has been running amok for four years, and the bills will start to come in. The credit card is maxed out. The government has not started paying it off, and it is going to saddle future generations with this debt, keeping society from moving forward.

We deal with very important matters, and Canadians will have to choose a vision for the future of their country. The Liberal Party tried to impose a vision on Canadians with its promises, but Canadians will remember that, of all the promises made by the Liberals in 2015, the only one they kept was legalizing marijuana. That is the only promise that led to major change in our country, but not for the better.

Today, we are beginning to feel the effects of that change. I recently spoke with the chief of police in my riding. He talked to me about the problems and adverse effects of cannabis legalization in our high schools, including an increase in consumption. We do not yet have the data to prove this, but it is being compiled. It is not legal cannabis consumption that is on the rise in our high schools.

A study published this week in the media reported that a teen's first use of marijuana unfortunately leaves permanent cognitive damage. A father's greatest hope for his children is that they will grow up in a healthy environment so they have more choice and opportunities, which must lead to a better life.

I am 55 years old and I still have some years left. Throughout my life, I have seen people from my generation grow up. Those who used marijuana did not necessarily get the opportunity to achieve their full potential. It can be the difference between earning $14, $28 or $50 an hour. We are practically all equal at the start, but on life’s journey, some people stand out, others stay where they are and there are those whose lives fall apart. All too often, what they share is an addiction to illicit substances such as marijuana and possibly hard drugs.

This week, one of my constituents called me in a panic, once again because of marijuana and other drugs. She was looking for her daughter, whom she had not seen in a month. She is well aware that her daughter uses drugs—she admitted it. She is desperately looking for her daughter, who is in a city somewhere. When people disappear like this, it has a lasting impact on all their family members and friends. Unfortunately, this is happening more and more, because of the decisions this government made under the influence of a powerful lobby seeking only to legalize its market.

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May 30th, 2019 / 4:40 p.m.
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Liberal

Lloyd Longfield Liberal Guelph, ON

Madam Speaker, I thank the member across the way and also the member for St. Catharines for pointing out the consultations that happened on Bill C-45, which is not exactly the legislation we are debating. However, I can echo that we had consultations in Guelph, Wellington and Kitchener-Waterloo. The Waterloo Regional Police Service was there. There was a lot of work that went into the legislation.

Now we are talking about how to make it fair for people who were convicted under a previous crime, and the idea of expungement. I asked the hon. member from the NDP a question on expungement. When people are going to the States, where there is an existing criminal record on file, if we remove the file in Canada, there would be a disconnect between the two countries. The member's answer was that we should go to an expungement regime in the United States, as if we could enforce that from Canada.

Would the hon. member across the way comment on the idea of expungement and the negative effects it would have on Canadians travelling to the United States, where the regime not only does not have expungement but also considers this a crime in that country?

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May 30th, 2019 / 4:35 p.m.
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Liberal

Chris Bittle Liberal St. Catharines, ON

Madam Speaker, we have heard a few Conservative members talking about the rush on Bill C-45. It was three years from the time of the election and commitment. There were consultations across the country, including in my own community in Niagara, which is four ridings. We heard from mayors, fire chiefs, the police chief and senior officials at the police station in Niagara Falls. We had a meeting there. We met with the District School Board of Niagara. We met with Public Health. That was just one consultation in Niagara. I know the hon. minister did that across the country.

How can the hon. member stand there and call Bill C-45 a rush after three years? It sounds like, after 100 years of prohibition, Conservatives would like to wait another 100 years for this change to happen. If the member could explain how three years is a rush, I would like to hear it.

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May 30th, 2019 / 4 p.m.
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Conservative

Guy Lauzon Conservative Stormont—Dundas—South Glengarry, ON

Madam Speaker, I do not often rise in the House to speak, but Bill C-93 is a very interesting piece of legislation. In all honesty, I think Bill C-93 came as a result of good intentions. The government saw a problem it had created because of some previous legislation and said that it had to fix it.

We should go back to the original issue. The original issue was that the Liberals rushed a piece of legislation. They tried desperately to meet self-imposed deadlines that they should not have made. The Liberals made promises that, in all honesty, they realized they could not keep. Then, to try to keep the promises, they crafted some very poor legislation. Of course, I am talking about the bill that legalized marijuana.

As some of my colleagues have said, the jury is still out. I do not feel that the jury is out, but some people say that the jury is still out on whether marijuana is a gateway drug. I have some personal experiences in my family, and I would argue that marijuana certainly is a gateway drug. I do not think we are seeing the full ramifications of the legalization of marijuana.

We are discussing Bill C-93 this afternoon because the government is trying to come up with a quick fix for some flawed legislation to legalize marijuana. The end result would be a brand new category of record suspensions, which could not be easily revoked and could be granted automatically without any insight into an individual's history.

Let us imagine a person charged with possession of marijuana. For the poor innocent teenager who is caught smoking marijuana and charged, I am 100% in favour of striking that off his record. However, the people who are repeatedly charged, or the people who plead down maybe from a charge of selling marijuana to a charge of simple possession, I do not think should automatically be granted a pardon.

It is a good thing there is an election in October. Hopefully, what will happen in October is that there will be a change in government. The new government will be able to address some of the flaws we are seeing in Bill C-45 and Bill C-93. Hopefully, the Conservatives will form that new government, and we will bring some common sense and some pragmatic ideas on how to deal with this unfortunate happening.

In essence, we support expedited pardons. We think it is a good idea. There is a little good news in this legislation. I am not part of the committee, but I understand that while the Liberals did not accept all of our amendments, two were accepted that helped to improve the bill's procedural fairness. They would require the Parole Board to include a review of the program in its annual report. If the Conservatives are elected in October, and if there is any justice, we will be elected in October, we will be able to review this, because after a year, this would be subject to review.

Everyone makes mistakes. We realize that the government made a mistake when it legalized marijuana. However, we are supposed to learn from our mistakes. We try to teach our children to learn from their mistakes. We should learn from our own mistakes.

Unfortunately, the Prime Minister, in his rush to meet self-imposed political deadlines, failed to act to adequately address the many concerns of municipalities, law enforcement, employers, scientists and doctors about this cannabis legislation. I am here to say that in my riding of Stormont—Dundas—South Glengarry, we are feeling the ramifications of legalized marijuana.

In my riding, I have had police officers stop me and say that they do not know what to do with this. They are not sure about the equipment they were given to test whether folks are impaired, or whatever. It is the same with employers. Employers are shaking their heads and asking how they are going to deal with this terrible legalization of marijuana. They are telling me that people are going out during their breaks, smoking up and coming back to work. It is legal, so what is an employer to do about it? People are very confused about this.

Now what do we do? We would add to the problem with Bill C-93. If the government had taken its time and not had its self-imposed deadline at all costs, and instead done Bill C-45 correctly, we would not have this problem. Police officers, employers and all the labour unions told telling us how to do Bill C-45 properly; there was a lot of input. The government had to get it done and now we have ended up trying to fix the problem with Bill C-93.

As I said, Bill C-93 is well-intentioned and has some good features. We agree that a person who just had one charge should not have it on his record, and we would like to facilitate its removal.

From what members of the committee tell me, the government would not listen to suggestions. I cannot understand why it would not listen to the suggestion made on behalf of the Canadian Police Association, which I believe is a reasonable one to improve the bill, namely, calling for the Parole Board to retain limited flexibility and discretion to conduct investigations and to ensure that the small number of applications by habitual offenders are vetted. This would have ensured that these individuals did not take advantage of a process that is clearly not intended for their cases.

The Canadian Police Association deals with this issue day in and day out. It has the experience and we should be listening to it. That was a wonderful amendment. I wish somebody from the government side would explain why it has no intention of including that amendment in the legislation. The amendment is so reasonable and would be so helpful, yet it was defeated at committee where the Liberals have the majority.

There were other amendments that I understand were also rejected. One of them was to restore the power to make inquiries to determine the applicant's conduct since the date of conviction. Let us say a young person made a mistake when they were 15 years old and have not had a problem since. I could understand our pardoning that person very easily. However, what if that person has had a terrible record of breaking and entering, selling marijuana and all of these other kinds of things? Would we still give that individual a pardon? Under this proposed legislation, we would not have any choice because the government did not agree to this amendment.

The bottom line is that I will be supporting this legislation, but it is not the way it should be. The truth of the matter is that the government should have taken its time. Why did we get this piece of legislation in the House at the last minute? It is because the government was too busy with other priorities and it did not seem to matter. All of a sudden, now it wants to ram this through at the last minute. I do not think that is the way this place should operate.