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

[Brian Masse, NDP, Windsor West, ON]

Madam Speaker, the hon. member's speech gives me a couple of things to think about that are important, such as the continuation of the criminalization of youth and other people, which has serious consequences. For example, in my riding, we have a truck driver who has worked for Ford for 20 plus years. He does just just-in-time delivery, but he has a criminal record from 20 years back, when he was 18, related to possession of cannabis. He has no other record than that, but it creates problems with employment and so forth that he has to deal with on a regular basis.

The government will not be doing anything about convicted people until the bill is passed. Therefore, I would like to ask the hon. member some questions. Why is it that the Prime Minister, who has admitted to actually smoking cannabis while an elected member of the House, does not have a criminal record? Where did he obtain the marijuana from? How does she feel about the fact that her constituents could be receiving criminal records over the summer while the Prime Minister does not?

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Madam Speaker, that is a valid question. We are talking about legalization versus decriminalization. Under decriminalization, the current law makes it a criminal offence. If we keep the current law, then we have no basis for conversation.

With legalization, we would make strict regulations for the sale and possession. We would ensure the safety of Canadians. We would remove the criminal activity, because it is the criminal organizations that are benefiting from it. By decriminalization, we could decriminalize it, but it still does not reduce the fact that the activity is still in the hands of criminal organizations. There is a balance to be had.

The bill cannot automatically remove the status quo at the moment until we have had discussions at the committee level, where I hope the committee will get more intelligent reporting and input.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Madam Speaker, I often hear Liberal members talk about how they are going to take marijuana and cannabis away from criminal activity. The first thing they want to do is to put a tax on it to get a tax revenue from that. How can the member possibly think they will take marijuana and cannabis growth, and trafficking out of the criminal element when the first thing they want to do is make it more expensive than the illegal sector can produce and sell it for because of the tax system? How do they think that is possible?

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Madam Speaker, at any school, children are smoking cannabis more than they are smoking cigarettes, so it is important that the product is a safe product. We cannot be ostriches and hide our heads in the sand, and say the problem does not exist. What we have done with this bill is include municipal and provinces governments, and the police forces. At the moment, criminals benefit from it, and it goes into their pockets.

Does the hon. member want criminal organizations to benefit from it? If he does, then he does not support the bill.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Provencher, Public Safety; the hon. member for Calgary Nose Hill, Public Safety; and the hon. member for Edmonton—Wetaskiwin, Health.

Resuming debate, the hon. member for Courtenay—Alberni.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, it is an honour to rise today to speak to Bill C-45.

Marijuana has been criminalized in Canada since 1923. Much has changed in the past century, including the conversation about marijuana. The Liberals promised to legalize, regulate, and restrict access to marijuana in their 2015 platform. However, since the Liberal government was elected 20 months ago, more than 15,000 Canadians have been charged for simple possession. This is an incredible waste of resources.

What is even more alarming is that we likely will not see the government actually implement a plan until next summer. The government should be embarrassed about how long this is taking.

Not only have the Liberals broken their promise to Canadians, they are clogging up our justice system with arbitrary offences. While we wait for legalization, the Liberal government is ignoring the tens of thousands of charges and criminal records handed out for simple possession, which disproportionately affects young and racialized Canadians. People should not have barriers for the rest of their lives for finding good employment, housing, and international travel due to having had a charge or a conviction for a small amount of cannabis.

The Supreme Court of Canada's decision in R. vs. Jordan last year imposed time limits on court cases. This decision exposed a chronic shortage of resources in the Canadian justice system, caused by a myriad of factors, such as judicial vacancies, underfunding in legal aid, and mandatory minimum sentences. Many serious criminal charges have been either stayed or withdrawn.

In my riding alone, many different municipalities are approaching this issue differently. Some local governments are directing the RCMP to take a hard stance against marijuana. Several people volunteering at medical marijuana dispensaries have been arrested for simple possession. However, in neighbouring communities, local governments have asked the RCMP to do the exact opposite. We are in a jurisdictional and legal grey zone, and the lack of clear direction is creating confusion for everyone.

With this crisis in the justice system, it is irresponsible to continue using police and justice resources to continue to criminalize young people for simple possession of cannabis. We cannot afford to continue to use police and court resources, and charges and convictions for simple possession.

The NDP has had a 45-year history of championing marijuana decriminalization. We have been asking the Liberals to immediately decriminalize the simple possession of marijuana as an interim measure and invoke prosecutorial and police discretion to cease enforcing a blatantly unjust law such as this one.

We support the overall goal of legalization and we will be preparing constructive proposals for the government, especially with respect to bringing in pardons for those previously convicted of cannabis possession. It would seem fair that those who have received previous convictions for marijuana possession should have some form of amnesty offered, given the looming legalization. However, there is no indication that the Liberals are interested in making pardons easier to obtain or if they will address the high $631 fee just for an application to do so. The inability to access a pardon remains a serious obstacle for many people trying to escape their criminal past and to move on with their lives.

While Bill C-45 is a step in the right direction, albeit late and long overdue, it contains several ludicrous points.

First, it would allow for a punishment of up to 14 years for anyone selling marijuana to a young person. This is absurd. It is akin to the punishments for producing child pornography and attempting to leave Canada to commit terrorism. I know it would give judicial discretion, but it is excessive and might not even comply with the Charter of Rights and Freedoms.

Second, the legislation leaves many key issues to the provinces. The federal government has clear jurisdiction in the federal criminal law power, but when it comes to sales and distribution, it is very clearly a provincial power under our constitution. This means the provinces will need time to set up their own regulatory systems. This is another reason that we wish this process had begun earlier.

It is unclear what the government's plan is in terms of tax and revenue structure for marijuana and how it will be shared between federal and provincial governments. Unfortunately, the provinces will have to wait to hear from the Minister of Finance on that matter. These gaping holes need to be addressed before we can move forward with meaningful legislation that makes sense for all Canadians.

The New Democrats and I want to ensure that the funds will be generated for a reliable stream of long-term revenue for research and prevention, specifically in addiction treatment and prevention. The government needs to clearly outline provincial and federal responsibilities that balance health protection with the goal of reducing the illicit market and protecting youth.

It is important to note that the New Democrats are aware of some of the negative consequences of criminalization. It has been widely acknowledged that there is a lack of scientific research into the health impacts of cannabis use, especially chronic long-term use. We must be particularly concerned about the health impacts of chronic and heavy cannabis use among young people. Therefore, we will be pressing the government to begin establishing research plans and funding into these important areas.

It is time to take a new approach to marijuana. We currently have archaic legislation in place, and Canadians want change. For decades, research on the impact of cannabis decriminalization has shown that in a variety of jurisdictions, including Australia, Europe, and the United States, decriminalization does not cause an increase in consumer demand or ease of access.

People who are going to smoke or ingest marijuana need to ensure they are backed up with education and support services around them. About 30% of Canadian youth have tried cannabis at least once by the age of 15, which is the highest among 43 countries and regions in Europe and North America.

Clearly, our strategy currently has been failing. We need to work with society and not against it.

Decriminalization will decrease the related social problems, the criminal records that people have tied around their necks for the rest of their lives, and the impact on employment and people's ability to rent or to travel. It will also reduce the cost in our judicial system.

We support the legalization of marijuana as long as it is done effectively so it is not marketed to children, that a reliable, long-term revenue stream is created for public health, prevention, and research, and that there is a comprehensive strategy around safety.

[Bill Blair, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, the member and I have had some very thoughtful conversations on this issue. I very much look forward to working with him as we move forward with this initiative.

I would like to share with the member a report and some statements made by the Centre for Addiction and Mental Health with respect to the issue of decriminalization. It suggests that decriminalization is a half measure in which cannabis remains unregulated, meaning that users will know nothing or next to nothing about its potency or quality; that as long as it remains prohibited, it is difficult for health care or education professionals to effectively address and help prevent problematic use; and finally, decriminalization encourages commercialization of cannabis, enriching organized crime. This very respected body instead recommends that legalization presents governments with an opportunity to regulate cannabis to mitigate risks, something that cannot effectively be done under prohibition or decriminalization.

With that advice and knowledge, could the member comment on whether we have made the right choice?

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, I want to thank the parliamentary secretary for his comments. We have had some excellent conversations. He has helped me better understand the government's position on the bill.

We are supporting the bill. It gives us an opportunity to look at ways to curb youth from using marijuana through providing prevention, addiction treatment, and education around it, as well as eliminate organized crime, and I appreciate that.

In the interim, in the 15 months before we see the bill come to fruition and become law, the current crisis of delay is causing a huge lack of resources in our justice system and creating tons of confusion. The member knows better than many here that we cannot afford to continue to use police and court resources in charges and convictions for simple possession of a substance that will soon be legal.

Therefore, we call on the government to decriminalize so we can create an interim measure of decriminalization and invoke prosecutorial and police discretion to cease enforcing an unjust law in the short term.

We are supporting the bill. I support the member's direction on that. However, in the interim, we call on the government to decriminalize so we can free up the courts and law enforcement so they can do their job.

[Erin O'Toole, Conservative, Durham, ON]

Madam Speaker, even though the government is limiting debate on yet another subject, using closure at an astonishing rate, the debate has been interesting.

Yesterday, the member for Vancouver Quadra said that she had been advocating and having meetings for several years within the Liberal caucus on the legalization of marijuana. The Prime Minister's position and his experience in the area is well known. In recent weeks, we have seen how Liberal Party fundraisers and insiders seem to be occupying positions on boards of directors, leadership positions, as well as ownership stakes in cannabis companies.

I am curious about the NDP's position on this. There has been enough smoke raised here that causes some concern as to whether Liberal insiders are benefiting from this legalization regime, much like the same group of Liberal insiders benefited at Queen's Park in Ontario with the Green Energy Act. From the remarks by the member for Vancouver Quadra, it seems there have been discussions for several years.

I am asking my NDP friend if the New Democrats share our concern about these Liberal insiders benefiting unfairly.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, I want to thank the hon. member for bringing forward a valid concern.

We have had concerns about appointments. We have concerns about government members and appointments and how they have had an affiliation to the Liberal Party in the past. Certainly we do have concerns around how this has unfolded.

We want to ensure that it is done right. We have a lot of questions. We are disappointed that this debate has been limited. We have questions about the revenue and where it will go. Will it go to addiction treatment and education? We have concerns around a lot of different issues.

We share the member's concerns around limiting debate on this very important subject for Canadians and about the burden that is going to be put on the provinces and local governments. At the same time, we think it is time for Canada to move forward. It is long overdue.

[Bill Blair, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Madam Speaker, I am pleased to rise in the House to speak to Bill C-45, a bill for which I have had some responsibility and involvement from the outset. I will not be using my limited time today to review all aspects of this bill, which I think have been discussed significantly in the House. I have had the opportunity to sit through every hour of debate that has taken place so far, and I have tried very hard to listen carefully to the questions and concerns raised by members of the House. I would hope to use my time today to do my very best to answer some of those concerns and to perhaps give members some insight into how these matters might most appropriately be dealt with.

To back up a minute, there was reference a little earlier to there perhaps being some malfeasance or something inappropriate with respect to individuals who have received approval for the licensed production of cannabis. In previous discussions in the House, a number of companies, specifically Canopy, Aurora, Tweed, and Hydropothecary, were mentioned as places where individuals who had some political affiliation had received some benefit. I want to point out to the House, as a point of clarification, that the four companies I just mentioned all received their licence approvals under the previous government. Therefore, quite frankly, the accusation is without merit.

I want to explain how I come to this position of speaking on behalf of the government for the legalization and strict regulation of cannabis and the restriction, in particular, with respect to access by kids. I want it to be clear. I took a position in my previous occupation as a police officer and a police chief of expressing sincere concerns about the limitations of decriminalization. My position has not varied from that. I will say that in my experience as the person responsible for the protection of the children of Toronto and the safety of communities, I tried always to look at the harms being perpetuated on our kids and our communities and at doing everything possible to reduce those harms and to protect those kids and communities.

In October 2014, there was a report prepared, which I quoted from earlier, by the Centre for Addiction and Mental Health. It recommended the implementation of a new system, a public health approach and framework, for the strict regulation of cannabis. It identified a number of harms that could be addressed in this way.

I will acknowledge right up front that I believe that every member of the House cares very sincerely about all our kids, all the youth of Canada, and I believe that every member of the House is quite sincerely concerned that Canada has the highest rates of cannabis use among young people of any country in the world. I believe that every member of the House, on both sides, understands that the high use by our kids represents a significant risk to our kids. There are very real social harms. There is harm to the development of the adolescent brain. There are other health risks our kids face as a result of the early use of cannabis, the frequency of its use, and the high potency of its use. I believe that everyone agrees that we have to do a better job. The current system is appalling and unacceptable, and it demands action from us. Now we can debate and discuss an appropriate course of action.

I believe that every member of the House believes that it is unacceptable that organized crime profits, in the billions of dollars, from this criminal enterprise. Street gangs, outlaw motorcycle gangs, and other criminal enterprises are wholly responsible currently for the production, distribution, and trafficking of this drug in our communities and to our kids. I believe that every member of the House believes that we must take the steps necessary to make our communities safe, to take those profits away from organized crime, and to protect our kids, our communities, and the health of our citizens.

I will try to address some of the concerns that have been raised. A number of members have asked why the government's legislation has recommended that persons under the age of 18 be prohibited from access, but persons over the age of 18, the age at which a person is normally deemed to be an adult, depending on the jurisdiction in which a person resides, could have access to cannabis produced under strict regulation and sold only through a strict regulatory regime, as established by the province and the local jurisdiction.

I am well aware that the science indicates that there is a real health risk to people up to the age of 25. This was a matter considered at great length by our task force. It was the subject of substantial debate within the task force, within the government, and within this House.

Our government believes that adult Canadians between the ages of 18 and 25 have the right and the maturity to make decisions about their own health. We allow young people over the age of adulthood, as determined by provincial jurisdiction, to get married, to have children, to buy a house, to get a mortgage, to use alcohol and tobacco, and to make decisions about their own lives and their own health. As long as we enable them to make safer, healthier, and socially responsible choices, as long as we provide them with the information they need to made a well-informed choice, I think we are fulfilling our responsibility and respecting their ability as adult Canadians to make that choice.

As well, there has been some question of how the legislation would deal with the possession of cannabis by a young person under the age of 18, or as the provinces may determine. One of the harms that was identified in our discussions from coast to coast and with experts across the country was the criminalization of our youth, as was earlier mentioned. It is very much our government's intention to protect our children from the harm of having their actions result in a criminal record. We want to make sure that we can enforce a prohibition against the possession, purchase, and consumption of cannabis but without subjecting them to the risk of a criminal record. The right way to do that is through provincial legislation.

In every province and territory in this country, there is a liquor licence act. It is an offence, under provincial regulation, for a young person to possess, purchase, and consume alcohol. If they are caught, law enforcement can seize that alcohol and can give them a ticket for that offence. There are actual consequences for breaking that regulation, but that young person does not face the consequence of a criminal record. In my humble opinion, that is a significant reduction of risk for our young people.

I travelled across the country and talked to parents and families about what concerns them about cannabis and their kids. They are certainly worried about their health. We have a responsibility to do a better job of protecting those kids. They are worried about the social harms to their kids. They are worried about whether they will finish school. They are worried about who they are hanging out with. They are worried that if they are using cannabis, they are dealing with a criminal to get it, and that criminal may sell them other drugs or expose them to other risks.

Finally, parents have shared with me that they are also concerned that their kid may be in a car one evening and be innocently pulled over by the police, found to be in possession of cannabis, and end up with a lifelong criminal record, with all of its consequences. I believe that every member of this House is motivated by a sincere desire to do a better job of protecting our kids from all those harms.

I have also heard concerns about resources. I have met with mayors, city councillors, police chiefs, fire chiefs, bylaw enforcement people, and public health officials, and all have expressed concern. They are willing to take on their responsibility to keep their communities safe, but they have concerns about resources. I am proud that our government has committed that the revenues that could be generated from the taxation of this substance federally could be reinvested in research, public education, treatment, and rehabilitation.

There is an important discussion taking place with the provinces, territories, and municipalities across the country to make sure that law enforcement, municipal officials, and public health officials have the tools, the infrastructure, the administration, the oversight, the testing, and the enforcement capability that will keep our communities safe.

[Erin O'Toole, Conservative, Durham, ON]

Madam Speaker, I would like to thank my friend from Scarborough Southwest for staying past midnight last night to address some of the concerns I raised on the public safety front. He has carried a file that he probably did not pray for before his time in politics, but he has tried to do so nobly, and that is appreciated.

My colleague suggested that because licenses were granted in the past under the previous government for the medicinal marijuana program, that somehow makes that conduct, whether lobbying or attending Liberal fundraisers or the fact that Liberal insiders may have been involved in developing the Prime Minister's plan to legalize it, all right.

As that member knows, my position is the position he used to have as chief of police, which is that a person could be given a ticket. They could allow it still to be criminalized but could give law enforcement tools.

My concern is that the member for Vancouver Quadra said that the legalization plan had been talked about within the Liberal caucus for several years. We see the former CFO of the Liberal Party and other insiders in key positions in cannabis companies. We all know that when it was medicinal marijuana, they were staking their claims, like a gold rush, hoping that full legalization was coming.

Could that member tell us that within the Liberal caucus there has been no direct access or early access by Liberal insiders to gain financially from legalization?

[Bill Blair, Liberal, Scarborough Southwest, ON]

Madam Speaker, I am proud to rise and reassure the member that in all my experience with this file, I have not seen a single incident of anyone having insider advantage or knowledge, and I have had primary carriage of this file on behalf of my government from the outset.

It was once suggested in the House that we had given some advantage and foreknowledge that somehow benefited people who had invested in this. That suggestion was completely false. There was another incident about a month later when I made a statement about the importance of taking the time to do this right, which had an enormous and unintended impact on the stock market. We did not hear any suggestion that I had somehow done that against them.

I also want to assure members that although I would not ever name an individual, particularly an individual for which there was absolutely no evidence or suggestion that he or she had done anything wrong, there are many individuals in this business and in the queue to obtain licenses who represent all political stripes. It is not the political stripe. It is the ability and willingness to meet the very stringent requirements of those licenses upon which those--

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I am sorry, but I have to allow for at least one more question.

The hon. member for Trois-Rivières.

[Robert Aubin, NDP, Trois-Rivières, QC]

Madam Speaker, I thank my colleague for his speech.

The discussions we are currently having are quite educational. I heard solid arguments on a number of aspects, such as the legal age. For instance, it was proposed that use be permitted based on scientific studies or based on the age of majority, since at 18 people are responsible for making all kinds of decisions. I admit that I appreciated that argument.

However, I think that what is worrying the public is the lack of coordination. The federal government says that the legal age is 18, while at the same it is telling the provinces that they may review this standard if they want to raise it.

Would it not be better for the government to first sit down with the provinces so that everyone can come up with a measure they all agree on?