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

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I rise this afternoon to speak to Bill C-45 on cannabis legalization.

As my colleague said, a lot of people are talking about this. Most of the people in my riding are against the bill. I have a hard time understanding why the Liberal government wants to legalize marijuana. How is this going to benefit society?

The government says it wants to protect young people and fight organized crime. What planet is it living on? Does it really believe that its bill is going to protect young people? Does it really think it will do away with organized crime? It is dreaming. There is no way.

Luc Plamondon is a noted songwriter from my region and the brother of my colleague, the member for Bécancour—Nicolet—Saurel. He was born in Saint-Raymond de Portneuf, which is in the riding of Portneuf—Jacques-Cartier. He wrote a great song that I will use to set the stage for the rest of my speech. Here is part of it:

My head's going to explode
I'm about to crash
Lie down on the road
And breathe my last

I believe in our youth, and I do not want to let our young people die. Why is marijuana not already legal in other G7 countries? That is a good question. This government wants to legalize marijuana and is so proud of itself for being the first G7 country to legalize cannabis. What lofty aspirations Canada has. Why have other countries not legalized marijuana?

The Liberal government wants to use our young people as guinea pigs. He wants to sacrifice a generation by improvising the legalization of marijuana in order to fulfill an election promise. When they made this promise, the Liberals ranked third in the polls. Now, they are trapped. Nevertheless, since they backpedalled on election reform, they could also backpedal on this bill. They have a habit of backpedalling. However, in this case, they are being stubborn. Is the Prime Minister enjoying this?

Let us talk about Bill C-45, which states that its purpose is to:

(a) protect the health of young persons by restricting their access to cannabis;

However, there will be greater supply on the market. The bill is going to:

(b) protect young persons and others from inducements to use cannabis;

This prohibited use is being trivialized. As a father, I would tell my children that it is not a good thing to smoke marijuana. However, the Government of Canada and the Prime Minister are saying that it is all right. What rhetoric. It continues:

(c) provide for the licit production of cannabis to reduce illicit activities in relation to cannabis;

People will be able to grow marijuana anywhere they want. Where is the control? Next, it says:

(d) deter illicit activities in relation to cannabis through appropriate sanctions and enforcement measures;

(e) reduce the burden on the criminal justice system in relation to cannabis;

If the Liberals want to meet that objective, all they have to do is decriminalize marijuana. That will fix the problem. Lastly:

(f) provide access to a quality-controlled supply of cannabis; and

(g) enhance public awareness of the health risks associated with cannabis use.

Also, this law will give the minister the power to set the price for various products and services provided for under the legislation. That means that the minister will become the leader of the new Liberal biker gang. His crest will be a nice marijuana leaf with the Liberal Party logo, and his motto will be “just one little joint”. It is always good to dream big.

Why is this government prioritizing the legalization of pot over other much more important issues for the country, such as the environment, job creation, economic development, aggressive efforts to support our regions, and a balanced budget, among others?

I fail to understand how Canadian society will benefit from the legalization of marijuana. I know that the government's stated objectives are to protect youth and reduce the involvement of organized crime. That certainly sounds good during an election campaign, but it is unrealistic.

Does this government know anything about human psychology? Fifteen percent of people will always defy the law, which means that 85% respect authority. Legalizing marijuana is like inviting people to an open bar; we are saying it can be used safely, and so, marijuana's potential market will go from 15% to 100%. We want to poison our youth by saying, “Smoke your joint; go on, enjoy yourself!” We are now in the business of helping to develop this market.

This law will expose new consumers to greater harm. Not only will law-abiding citizens start using, there will also be an increase in the number of road accidents caused by marijuana use. I am not the one saying this. This data comes from the various states, regions and municipalities that have legalized marijuana.

Moreover, organized crime will push its customers, especially young people, to buy at a discount. This will not put an end to organized crime because its members are more clever and intelligent than this government. Organized crime will develop other markets and drugs, and it will lower its prices. They are in the business of marketing. How much will all this cost society? How many young people’s lives will be destroyed?

Schools are worried, as is the Association des policières et policiers provinciaux du Québec and the Association des pédiatres du Québec. Numerous studies on brain development in young people have shown that people under the age of 25 are at a high risk of harm.

My fellow citizens in the beautiful riding of Portneuf—Jacques-Cartier have many concerns. What will be the cost of implementing this law given all the accompanying structures that will have to be put in place? Monitoring systems, training and awareness-raising campaigns will have to be funded. How much money will be spent in the near future and for how many years if we go ahead with legalization? Awareness-raising campaigns against cannabis will need to be organized to educate the public and protect our children.

As well, how much of a burden will we be putting on our health care system? How will this impact our society? How will it affect health and safety in the workplace? Are we about to see a new generation of young, budding horticulturists? Why jeopardize Canada's fine, young people and put them at risk of irreparable harm? Why this eagerness to legalize cannabis? How do Liberals plan to measure and control the rate of hallucinogenic compounds? Regarding the limit of four plants per household, how can the government seriously think that they can control all of this?

The Liberal government wants to legalize marijuana, but give responsibility for distribution to the provinces. What happens when a young person who is not of legal age to consume marijuana crosses the Quebec-Ontario border? How will we apply this law?

All of these questions remain unanswered. I invite the Liberal government to reflect on this bill and withdraw it on behalf of our youth, who deserve a better future. We are in 2017. I am in favour of the decriminalization of marijuana and I support awareness-raising campaigns that encourage young people to participate in sports and the arts and to say no to drugs. With such measures, the Liberals would achieve their goals without having to legalize marijuana.

[Mike Bossio, Liberal, Hastings—Lennox and Addington, ON]

Mr. Speaker, I would first like to say how much I enjoy working with the member across the way on our environment committee. He is a very reasonable member of the committee. We find common ground on many different issues, so I wonder why his reasonable nature does not extend to this issue as well.

As we saw with the alcohol prohibition of the 1920s, that prohibition did not work. Criminals were allowed to make vast amounts of illicit profits. People were dying because of the composition of alcohol. They did not know what they were drinking.

Fast-forward to today, and we find ourselves in the same environment with respect to cannabis. We do not know what people are smoking. Criminals are making vast wealth from this drug, and we need to eliminate prohibition so that we can once again have a more responsible consumption of cannabis, just as we do with alcohol—and tobacco, for that matter.

Prohibition did not work for alcohol, so I would like to pose this question for the member. Does he feel that we should now go back and make alcohol, and for that matter tobacco, illegal as well, given the stand that he has on cannabis?

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to thank my esteemed colleague for his question.

Indeed, it is always a pleasure to have discussions with him on the Standing Committee on Environment and Sustainable Development. It is always very pleasant, and I can sense his respect, despite the language difference. I greatly appreciate his attitude, as I do with all the other committee members.

To answer his question, I am very reasonable. I appreciate that he has mentioned this in the House, and he is absolutely right. He has a good read on me. I am a reasonable guy.

We cannot compare alcohol to drugs, because they do not compare. Alcohol is one element called “alcohol”. Drugs are a huge range of products that are toxic and harmful to people's health. With respect to marijuana, it has been shown that there is a risk of permanent damage to mental health, and I do mean permanent. To my knowledge, there are no studies that talk about permanent damage with regard to alcohol, whereas for drugs, and for people under 25, there are a number of studies that show there may be some.

This government should take a different approach to organized crime, because it is a social problem. The hon. member is absolutely right. We have to take the bull by the horns and find other solutions. Let us invest in awareness-raising campaigns, persuade our youth to participate in sports, arts, and cultural activities, and get our young people involved elsewhere, rather than let them hang out in the streets. Let us educate them. We would have a solution and we would not need to legalize marijuana.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I certainly enjoyed serving on the HMCS Vancouver. My colleague and I were both shipmates for a short time in the Royal Canadian Navy.

I enjoyed hearing my colleague's support for decriminalization. However, the one thing I wanted to concentrate on was the issue of pardons. In a previous interview, the Prime Minister admitted that his father was able to use his legal connections in the community to get his late younger brother off with respect to some charges. We still have a lot of young people who are affected by charges and criminal records for previous possession charges. The costs of pardons are quite high. Would he be in support of pressuring the government to institute a pardon, or some sort of amnesty, for people who had been previously convicted for small amounts of possession of cannabis?

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to thank my esteemed colleague for his question. I must say that we were very close in the Royal Canadian Navy, and it is a privilege for me as well to work with him and get to know him a little better.

In terms of his remarks regarding decriminalization, I am somewhat in agreement with him. I find it hard to imagine that a person accused of having consumed or possessing marijuana on June 30, 2018 would be a criminal, while on July 1, Canada Day, the 151st birthday of our beautiful country, another person would have no problem.

I have to say that I strongly agree with my colleague's views regarding decriminalization.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, I wrote an entire speech, but listening to everybody debate this, listening to some of the questions that have been asked by some of our Liberal members, I feel it is really important that we have the conversation and not just look at some of the talking points or things of that sort. As with everything I do, I come here as who am I, and that is a mom of five.

I will talk about the way I parent. I wish I knew exactly the riding of the member over there with whom I ride the bus. Every time I have a question about cannabis, I just ask that former chief of police everything I need to know. I do thank him for always having those respectful conversations with me and answering every question I have ever needed to ask. I would like to put that on the record.

We talk about cannabis and what we have to look at for our kids. Whether we are calling it weed, doobies, blunts, reefers, or all of those other words we have heard, we really have to look at how we are approaching this. It does really concern me because I believe that the legislation—is it right or wrong to do this legislation? It is not the choice I have, but what are the parts in this legislation I cannot agree with?

I will be honest and put all my cards on the table, because I think that is what Canadians are expecting from us. I believe in decriminalizing cannabis. That is something we should look at. I think that is because I have those sit-down family discussions with my kids, with my nieces and nephews, with my parents, because I think the biggest thing we need to recognize is that it is out there, and what can we do that is better to serve?

I will not say that decriminalizing makes it right, because I do not believe it is the right thing, especially when it comes to our youth. Therefore I want to talk about parts of the legislation that really do need to be tweaked, because we are harming children if we think this legislation is right.

There are two parts of this legislation I looked at. One has to do with the age of ability to purchase. As I have indicated, with five children, my youngest is 14 and my oldest is 23 years old this year. My 23-year-old, my 21-year-old, my 20-year-old, and my 19-year-old will all be eligible, as of July 1, 2018, to purchase marijuana.

I will not tell my children's stories, but I have seen first-hand what happens after marijuana use. Whether they see grades drop by 30% or attendance go from perfect to nothing, parents are having to deal with these challenges each and every day. When we talk about it, I want to make sure the government is listening.

We have talked about what happens to children who have smoked marijuana. The Canadian Mental Health Association has talked about the formation of the brain, and I am really concerned. As the member for Kamloops—Thompson—Cariboo mentioned, children's brains are not developed until age 25, and what is said is fair, but we had a task force saying it should be 21 years old and now we have legislation to make the legal age 18.

I will put it on the record, because I believe the only reason it is at age 18 is that is the age at which a person can vote. I think this is a vote-seeking motion, and I am really angry about that. Other members may not be, but I have the right to say this, because as a parent of five, I am very concerned that the government is not taking into consideration what will happen to our children. I ask parents to sit down with their kids and start talking, because that is not what we are doing here.

I decided to take this conversation to my family, so I sat down at Easter. When we were all supposed to be celebrating Jesus, we talked about marijuana, because I needed to hear from the people who knew best, my nephews and nieces, my sister who is a high school teacher, another sister who is a principal in elementary school, my brothers-in-law who have careers, and my sister-in-law who has worked so hard when it comes to understanding, and she actually goes out to counsel families.

I had to bring this down to what it really meant. The moment I said that my son Christian, who is 14 years of age, would be able to possess marijuana with no charges, the conversation took a totally different turn, because we all want to protect Christian because he is 14 years of age.

However, we have to understand that this legislation would not really do that. We have children who will be in grade 9 and will be in high school with people who will be 18 years of age, able to buy this, and then the next thing we know, here we go, have a good weekend. Did we not think this would happen? That is what really frustrates me. Let us get it right. Let us sit down and talk to our 14-year-old children and ask ourselves if we want our children to be able to possess marijuana without being charged. Do we want them to know that this is right or wrong?

I am also very concerned that we are looking at the medicinal use of marijuana as well, when it comes to when people use it. I am a huge supporter of medicinal marijuana because I have seen people and I have lived with someone who has been on OxyContin. I can say that it has negative effects. Therefore, for years, I have advocated for medicinal marijuana. I am very scared that when we legalize marijuana for all Canadians and open it up and say they can get it at 18, we know our 12-year-olds are going to get it, for sure, as well. Let us be honest.

Are we going to stop funding important research that needs to be done so that the people who are using medicinal marijuana are getting the proper strains they need? I am very concerned that we are not going to do that. We will say we have legalized it, and we are going to use the science for all of this other kind of stuff, but are we going to make sure that the people who need it the most, who have been using medicinal marijuana for the last number of years, are going to get the proper care they need? Therefore, I want to ask the government if it is going to continue to invest in the research on medicinal marijuana.

I was very happy when I was here listening to the debate yesterday and the day before on Bill C-46, which truly intertwines with this bill. I heard one of the members from the other side comment on the zero tolerance, so I am going to mix in this part as well.

We have to understand that, if people are using marijuana for the first time, the reaction they have is going to be extremely different from that of people who have been daily smokers for the past 20 years. However, we are saying this is how we are going to take it, and if they have so many grams we will take them in and process it and check the THC levels. Let us be honest here. If people have had marijuana for the first time and get behind that wheel, it is a hazard. It is unsafe. They are going to kill themselves or another person. We have to be sure we are putting the safety and security of Canadians first.

I do not believe that Bill C-46 goes far enough, but I am happy that we are going to go back to debating it.

I am going to go back to my family, and we are going to talk a little more about kids. We have heard time and time again from the Canadian Psychiatric Association, the Canadian Paediatric Society, the Canadian Medical Association, or counsellors who have dealt with cannabis for a number of years, and we know that we are opening up a Pandora's box.

I am very concerned with this because I do not think that we actually have all of the tools we need in place. I was really happy to see budget 2017 come out with $5 million for education. However, as many of my colleagues have said, we are educating them when the horse is already out of the barn. We are putting the cart before the horse. This is very simple. People are going to be educated about cannabis after they have started smoking it. Let us be honest here. Should we not get it started by having the education for our teachers, our parents, and our children, to make sure they know what they are getting into? It is a safety warning, but we are going to put the safety warning on after they have inhaled.

It was really interesting listening to some of the members also talk about tobacco and how we have stopped doing things. My former boss is part of the tobacco transition fund. My community, and the five communities in southwestern Ontario, were huge in the tobacco industry. We know there were some really good campaigns out there. Of course we did see a number of adults who continued to smoke, but older people were beginning to quit. Those were some things we saw as well. We know that campaigns work. Therefore, I am asking the government why it is putting a campaign about combustible cannabis out after the fact.

I do not understand that. If we are trying to teach people about the problems with marijuana, why would we not be teaching them right from the start? We know that putting combustible things in our lungs is bad for us, just like tobacco. When are we going to do the education?

I am so fearful that the government is so pressing on this, wanting to get it through by July 1, 2018, that it is going to forget about Christian, Garrett, Hannah, Marissa, and Dakota, my five children. It is going to forget about everybody else's children, because it is more concerned about getting this legislation through, because Liberals want to keep a promise they made during the 2015 election.

I know there are some very good MPs over there. I am pointing at him. I hope and I plead with him, as a former police officer, to know that as a parent, I need to make sure that the government is going to protect us. This is something that goes through regardless of whether we like it our not. There is majority government. I beg the government to know my children are relying on it. The safety of our communities is relying on it. Do it right. Do not do it fast.

[Mark Holland, Liberal, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, I have to rise because I was deeply offended by the comments from opposite. I have three children. Most people in the House have children. You have children, Mr. Speaker, and you care about their well-being. I care about their well-being. The reality is that each of us tries to bring to this place the best policies to protect our children and protect public health. The idea that this was moved for political reasons is abhorrent.

The current situation is that one-third of children tried marijuana before the age of 15. We have the highest prevalence rate in the world. Why does she think the existing system is working?

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, I will not read the quote I have, but many doctors in this country have said that it is bad. If we are being told by the Canadian Medical Association that 25 is a good age and we are saying 21 is a good age, that is fine. A gentleman works for me whose name is Scott. Because it is illegal, he will not try it. I have a staffer whose name is Kaylie, and because it is illegal, she will not try it. I, Karen Vecchio, for years did not do it because it was illegal, and that is sometimes the way we do things. Stop putting your heads under. Come on; let us be real. We all want the safety of our children.

[The Assistant Deputy Speaker, Anthony Rota]

The hon. member for Elgin—Middlesex—London will have approximately three and a half minutes remaining when we return to this item.

Bill C-45—Notice of time allocation motion

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

Mr. Speaker, I would like to advise that agreements could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code, and other acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage of the aforementioned bill.

Bill C-45—Time Allocation Motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

moved:

That, in relation to Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts, not more than five further hours shall be allotted to the consideration at the second reading stage of the bill; and

That, at the expiry of the five hours provided for the consideration at the second reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.

[The Deputy Speaker, Bruce Stanton]

Pursuant to Standing Order 67(1), there will be a 30-minute question period. As is usually the case with these 30-minute question periods, hon. members who are on the opposition side of the House are given preference during that time, but not to the exclusion of government members. Also, as is usually the case, we try to limit the interventions to no more than one minute. That is for the questioner as well as the minister responding.

Now, we will go to questions. The hon. member for Central Okanagan—Similkameen—Nicola.

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, I am disappointed that the government treats this place so poorly. The bill is a stark change from the previous regimen we have had in our country. We have international conventions, a variety of laws, and the Criminal Code. There are issues that will relate to our home provinces in terms of places of sale and terms of sale. There are so many questions. It is disappointing that the government would have such arrogance as to treat this place so lightly and move for time allocation.

Why does it treat this place so badly, in such a way that we cannot have civilized debate about an issue that affects our whole great country?

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

Mr. Speaker, we have great respect for this place and we appreciate the two and a half days of debate and discussions we have had on Bill C-45. I very much look forward to the next number of hours of debate in this place.

I look forward to the bill passing through the parliamentary process and having substantive and vigorous discussion at committee. We have had the benefit of having a task force that has undertaken a substantive amount of work and has put forward 80 recommendations, forming a substantive part of the legislation that we have introduced. This is an entirely important topic, and I look forward to continued discussion.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I share the sense of disappointment my colleague has just expressed. We have five more hours on a bill that puts Canada at odds with many of our allies. I and my party support this initiative, but that does not take away from the fact of how disrespectful of this place this five hours more is.

I agree with the hon. member for Beaches—East York who keeps saying, as we have, that we have to deal with aspects around young people going to jail. There have been 7,000, under 25, since the government came to power. People are getting criminal records. Their lives are being wrecked. The government members are doing nothing. They talk about 80 recommendations. This has an enormous impact on the provinces as well, and we are supposed to be happy with five hours more. We owe it to Canadians to address this with more care and respect.