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

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, as my colleague previously said, we will be supporting this bill.

However, we are concerned about a number of matters that are not being addressed. One of the matters that really troubles me, that I have become aware of, is that the government is refusing to call the opioid tragedy a national emergency. It is now saying that it wants to take measures to try to address opioids, and perhaps limit doctors' prescribing.

The government has decided that Canadians cannot get drug coverage for marijuana, a less harmful medicine than opioids. Can the member please explain why on Earth there has been all of this work, to legalize the use of marijuana, including medicinal, to encourage the marijuana industry to establish, and yet the government is not allowing people, for example, those who are suffering from nausea due to cancer, to choose to have marijuana prescribed as they would for an opioid, and have it covered through a drug program?

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Mr. Speaker, I am very thankful that my hon. colleague and her party will be supporting Bill C-45 as a measure that will help protect our young people and ensure that they have less access to cannabis.

We are taking action on all fronts. We are looking at the opioid crisis, taking concrete action and have been doing so since we took office. I will say that that is actually something that has been supported by all sides of this House, because I think we all realize it is an urgent crisis that needs to be addressed. We are addressing it on multiple levels.

Specifically in relation in the question about cannabis, this is something we promised Canadians we would do, something that we realized needed to be addressed for a very long time. We had a failed system in place. We are no longer going to turn a blind eye to it. We are no longer going to look Canadians straight in the face and say that we are spending hundreds of millions of dollars on a system that is working, because it is not working.

The statistics I mentioned, and that the Minister of Justice and Attorney General of Canada mentioned in her speech, show one in five youth, and one in three aged 20 to 24, are smoking are marijuana. That has been ongoing for a while. We are taking action. It is something we promised Canadians we would do. That is exactly what we are doing.

The House resumed from November 22 consideration of the motion that Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, be read the third time and passed, and of the amendment.

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Madam Speaker, I would like to advise you from the outset that I will be splitting my time with the member for Mégantic—L'Érable.

I rise to take the opportunity to speak today against Bill C-45, a rushed and ill-conceived piece of legislation, which many of my colleagues have already pointed out has many flaws. Please allow me to amplify their concerns and add mine.

First and foremost, what is the rush? What is the rush with one-step, full-scale legalization, without interim steps? What is so important about the arbitrary deadline of July 1, 2018?

Really, if we are looking to do something substantive in a rush, maybe the Liberals could listen to my NDP colleagues who have been calling, for a long time, to make sure that the records of people who have been found guilty and have a criminal record for simple possession would be eliminated, so they could get a good job. If the Liberals want to rush something, why do they not rush at that?

Why ignore police and medical professionals' advice and push ahead with Bill C-45? Why not allow police, provincial and municipal governments, as well as health officials to better prepare for the onslaught of issues this legalization will unleash?

Believe me, there will be an onslaught of issues. All members need to do is look at other jurisdictions that have legalized marijuana to find that there will be a slew of issues that the government will need to deal with.

To date, why has there been no public education of the risks of smoking marijuana? What we have heard most often about many of the risks of marijuana is that they are so much more detrimental to our youth. No one should assume that some of us who are speaking against this, because we are parents and public figures, are trying to be condescending. None of us are trying to be patronizing. No one should assume that any of my colleagues or myself are trying to stereotype anyone either. We do not have some outdated notion of society.

What we are saying is that there is a massive number of risks that we are concerned about, and the government has not taken them into consideration. Data shows 30% to 40% of young people who use cannabis under the age of 25 will develop psychotic disorders, depression, and anxiety disorders. Let me repeat that, upward of one-third of people under 25 who use marijuana will develop psychotic disorders, depression, or anxiety disorders. That is far too many.

Where are the human rights champions over there who know already of the growing mental health epidemic with our youth, and who are not speaking up about the way drugs exacerbate those mental health issues? Where are they?

As a father of a daughter who suffered mental health issues to the point of taking her own life this past summer, I have seen first-hand the risks of drugs at an early age. My family and I have seen this path and what it leads to, the hurt and the pain, the suffering. We have felt the consequences most directly as many, too many, other families have.

Our heart aches thinking about what could have been, what should have been, had Lara not been exposed to drugs, on top of all the other demons she had to fight on a daily basis. It is tragic, and it is all to common.

That is why I am particularly concerned about the provisions in Bill C-45 when it comes to possession by children ages 12 to 17. As currently written, the bill allows children aged 12 to 17 to be in possession of five grams of pot. This is approximately five to 10 joints. What is positive about that, in any way, shape, or form? How is that good government? How is that having a concern about the safety and security of Canadians?

I am profoundly concerned. At 12, children cannot buy cigarettes, they cannot drink, they cannot drive, they cannot vote, they cannot enlist to fight for our country, but they can possess five to 10 joints. Really?

Medical professionals have told us that the number should be zero. In fact, they oppose Bill C-45 based on the harm it would do to our youth, and they are concerned about the young age at which it allows youth to possess pot, thereby condoning and encouraging it.

I do not accept the argument that, just because we pass legislation, we do not endorse something. Come on, that is always the case. Whenever we legislate, we are saying that we are doing it for the public good and are endorsing the behaviour.

How can I stand by as a parent who has lost a child to the struggle she had with many anxieties and depression, or as a member of Parliament whose primary concern is the safety of Canadians, and allow legislation that would exacerbate those depressions and anxiety in Canadian children as young as 12? How could I not speak out? It would be unconscionable.

I am not blind to the obvious. I know, and all members of the House know, that whether by peer pressure or otherwise, there are many teenagers who use marijuana; too many, and I wish it were far fewer. I wish they could see the damage they are doing to themselves. I wish they could have had a conversation with Lara in her later years. She would have counselled them otherwise. She would have warned them of the harm of smoking marijuana and the consequences on their cognitive abilities, how it amplifies any mental health issues, and how it is a slippery slope from one joint to a few joints to harder drugs, and on and on.

There are other reasons why Bill C-45 is flawed, not the least of which is that legalizing marijuana would not remedy the underground economy. We need only to look to tobacco. By some estimates, 40% of tobacco sold in Ontario is contraband. In fact, a study that came out last month by the National Coalition Against Contraband Tobacco found that one in three cigarettes sold in Ontario is contraband. Do members opposite honestly believe that it will be any different with pot, that it would be above board, and every single joint is taxed?

There was a similar experience with gambling, so we are not talking about something that does not have a track record in the past. After gambling was legalized, the stranglehold of organized crime continued in that business. It did not stop the gambling. In fact, by all measures, it increased it. In legalizing it, we inadvertently made matters worse for our young people. Studies indicate that up to 60% of children and adolescents engage in some form of gambling each week. This is because they are a generation that was exposed to legal gambling from a young age and it was not frowned upon, which is why the predominant concern about problem gambling is not primarily for adults but young people.

I heard some heckles about that, but we are not talking about somebody who is buying a lottery ticket. Are those members out to lunch? I am talking about someone who begins in gambling and then is trapped in gambling, and then that is a lifestyle. They can never ever enjoy their job or buy a house or anything, because they fritter away all their money on gambling. If that is what some members feel is okay for youth, then fine with that.

We must question the signals that we are sending to our teenagers. What precedent are we setting? Are we fully ready for all the social impacts that this will have on the years ahead?

My colleagues have raised a number of other points about Bill C-45, such as drug-impaired driving, the super-sized amount of pot one could grow at home, the lack of a public education program, and scientific evidence. However, the point I want to stress today and the question I want all members of the chamber to think through clearly is the exposure of marijuana to young children and adolescents. It is not too late to change it. It is not too late to stop it. It is not too late vote no on Bill C-45.

In closing, I will ask again, as I did at the outset. Why ignore police and medical professionals in regard to Bill C-45? Do we really think that 12 to 18 year-olds having five or 10 joints in their bedroom is a wise thing to advocate? Why do we not have more public education right now? Why not allow police, provincial and municipal governments, and health officials to better prepare for the massive upfront cost? I say again, what is the rush? Officials are not ready. I implore members to listen to the experts, doctors, scientists, and law enforcement. I ask all members to vote against Bill C-45.

[Anita Vandenbeld, Liberal, Ottawa West—Nepean, ON]

Madam Speaker, I thank my hon. colleague for what was clearly a very sincere speech. I think we all agree that we do not want marijuana in the hands of teenagers. However, right now it is not working. Right now, we know that it is easier for teenagers to get marijuana than it is for them to get alcohol or cigarettes. By doing this, we would actually make it harder to get and we would be keeping it out of the hands of young people, which is the reason for the bill. Also, we do not want our teenagers to be exposed to the criminal elements that would get them into harder drugs, with the profits going into some of these criminal organizations.

What we have right now is not working. What would my colleague propose to make sure that we really do keep drugs out of the hands of young people?

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Madam Speaker, with all due respect and dignity toward my colleague, full legalization is not the way to keep drugs out of the hands of our youth nor do I think it is easier to find marijuana than it is alcohol or cigarettes. I already told the House that one-third of cigarettes that are sold in Ontario are contraband.

The very notion that Hells Angels and Satan's Choice are going to find something else because the government has their market is absolutely absurd. They are not going to leave this business. In fact, they will have a larger appetite now that the government has endorsed marijuana knowing that people who have never tried will now try it and they will be there with their supply ready to meet their needs.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Madam Speaker, I thank my colleague for his speech. It was nice to hear him talk about the importance of decriminalization. That is one thing we agree on. However the Liberals continue to stubbornly oppose it, despite the fact that the task force on marijuana recommended decriminalization since the government intends to legalize cannabis nine months from now anyway.

The fact that young people are still being handed criminal records for the possession of marijuana is having a serious impact on their lives. It prevents them from buying homes and finding jobs, and it also makes it very difficult for them to travel. That record stays with them for the rest of their lives.

Why is the government refusing to decriminalize marijuana and thus give young people the opportunity to do these things? What is more, in the wake of the Jordan decision, we need to free up the court system.

For all these reasons, does my colleague not think that the government is on the wrong track in its refusal to decriminalize cannabis?

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Madam Speaker, I am honoured to be in full agreement with my colleague. That is exactly what I was saying. Why not expedite the removal of a criminal record for those young people who were guilty of simple possession so that they no longer have to say they have a criminal record when filling out a job application? That would be a positive step. That would be peace, order, and good government, and that is what we are all about. Decriminalization should be used as a first step and the government should take some time then to monitor how that affects young people.

The government should also start an education program to tell young people that just because it removes a criminal record does not mean it is the right thing to do. We already know the risks for young people who already have mental health concerns. We know that marijuana exacerbates it, so why put it in their hands without any kind of education program whatsoever? Why give it to 12-year-olds, for goodness' sake? This is absolutely absurd.

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

Madam Speaker, the Colorado Gazette has just published an article. It has been five years since the state legalized the drug and it is hearing about odour complaints in residential neighbourhoods and an increased homeless rate. The number of drivers involved in fatal crashes who tested positive for marijuana has doubled, and in high school the drug violations have increased 71%.

With all of these results from Colorado five years out, why does the member think that the government is rushing ahead to legalize against the advice of provinces, police, and indigenous people?

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Madam Speaker, I will capitalize on one point. One of the experiences I had as a small business owner over two decades ago, and I hate to admit that here, I had a fleet of tow trucks in the Region of Peel and we did the police towing. At that time, with just alcohol, on Friday at 4 p.m. we knew there was going to be an onslaught of drunk drivers on the road. Now we are going to exacerbate that with drug impairment. It is not the right way to go.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, I want to commend my colleague on his earnest and heartfelt speech. Our Liberal colleagues would do well to read and reread his words, because his speech was full of common sense and, above all, gave us many real reasons to truly protect Canadians from the coming scourge of marijuana legalization.

I must rise again today to speak against the Liberal government's marijuana legalization bill. Quebeckers can count on the 11 Conservative members from Quebec to represent them. We know that most Quebeckers are against the legalization of marijuana, as proposed by this government. The 11 members from Quebec unanimously agree that, on Monday, they will vote against legalization.

I am going to tell the House what my Quebec colleagues think of the bill that has been sloppily cobbled together by the Liberal government. On Monday, the Liberal bill to legalize marijuana as of July 1, 2018, will go through third reading. Because the government has made this issue its top priority since it was elected, the Liberals will ram this bill through despite all opposition.

The Prime Minister will thumb his nose at everyone who spoke out against this initiative. He will continue to ignore vigorous public opposition. He will turn a blind eye to the facts, the studies, the science, and what Canadian society wants. We have seen over and over again that the majority oppose this bill.

So far, numerous organizations, associations, federations, and institutions have expressed their disapproval of the Liberal government's initiative and its rush to get this done. People across Canada are obviously worried, and with good reason.

The Prime Minister could not care less about what experts, scientists, social workers, police forces, and society in general think, and he never has.

The provinces and municipalities will have to shoulder much of the responsibility for the consequences of marijuana legalization, but they were not adequately consulted. Recently, unable to keep up with the Prime Minister's frenzied, reckless pace, the Government of Quebec once again called on the government to postpone enacting the bill.

Earlier this week, first nations members also asked for a delay. The Prime Minister categorically refused. True to his arrogant form, he is even forcing a ridiculously unfair revenue-sharing scheme on the provinces and municipalities, even though marijuana legalization will end up costing them a bundle.

The Prime Minister wants to offload the hefty health care and security costs onto the provinces and municipalities, while pocketing most of the revenue from marijuana sales, no doubt to pay down the Liberal's huge budget deficit.

Let us talk about the facts. Numerous studies have shown the negative impacts of marijuana on the brain, especially for people under 25 and those most vulnerable. Research has also shown that legalizing the drug will not help eradicate organized crime, as the Liberal government claims.

Furthermore, we already have a problem with impaired driving on our roads, and this piece of legislation will only increase the risk of accidents, injuries, and deaths. Also, Canadian police officers do not have the necessary training or tools to detect impaired drivers, not to mention the lack of oversight of drug use in public places and workplaces, and the added pressure on our health care systems.

The Liberals' bill obviously does not pass the smell test, nor does it come close to passing the common sense test. Not only are the Liberals going against what Canadians want with this bill, but they are also putting Canada in a difficult position on the international stage.

In fact, three international treaties will be violated if the government goes ahead with the legalization of marijuana. Also, Canada will be the only country in the G20 and G7 to make this substance legal. No other government in the world has legalized marijuana so quickly.

No other government has imposed so few restrictions on the possession of plants in the home and no specific requirements regarding public safety. For those reasons, we, the members of the Quebec caucus of the Conservative Party of Canada, will stand up in the House of Commons on Monday and vote against this bill.

If those words sound familiar, it is only because I was just reading from the joint letter that we, the Quebec caucus members of the Conservative Party, signed and published today to express our position on this bill, which will unfortunately pass on Monday considering the power of the Liberal majority, despite everything that experts, the general public, and police forces are saying, and despite what common sense dictates.

The letter is signed by the member for Richmond—Arthabaska, our political lieutenant, the member for Beauce, the member for Bellechasse—Les Etchemins—Lévis, the member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix, the member for Beauport—Limoilou, the member for Louis-Saint-Laurent, the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, the member for Lévis—Lotbinière, the member for Portneuf—Jacques-Cartier, and the member for Charlesbourg—Haute-Saint-Charles.

We on this side of the House have taken a clear stance. The government wants to move quickly on this without weighing all the facts. We believe that as of July 1, 2018, this bill will drastically change our society. This week we had the opportunity to meet with U.S. officials who are also very concerned about the impact that this bill will have at the border.

Our border with the United States is something we must take care of, something we must absolutely be concerned about. It is not complicated: we should ensure people are able to cross the border as easily as possible. The United States is our most important client. It is where Canadians go most often to relax. It is the place where we have the most ties, and it is our primary economic partner.

The United States is very worried about what is happening because their federal government considers using marijuana as a crime. Anyone who commits a crime outside the United States and admits it may be denied entry into the United States. That is what the Liberals are failing to tell Canadians.

Let us imagine that a person smokes marijuana, whether in their apartment or in a park, just before crossing the border. We know that the smell of marijuana really lingers and that it permeates just about everything near the person smoking it. When the canine units at the border sniff the scent of marijuana on this person, the U.S. customs officers may not find any drugs, but they will pull him or her aside to the dreaded car search area, where no one wants to go. They will search the entire car to locate the source of the scent, even if the individual does not have marijuana on their person.

Once the vehicle has been searched, they will question the driver. They will ask whether he or she has ever consumed marijuana, and I hope the driver will say no. Otherwise the Americans will have the right to turn that person back and ban him or her from the United States for a set period of time because they admitted to consuming marijuana, with is a federal offence in the United States. This is not something that the Liberal government is quick to point out to Canadians who are travelling to Florida, Arizona, or California, and it is also not something that they have settled with the Americans.

For that and other reasons, and especially because of the harm that this government is going to do to Canadian youth, I and my other 10 Quebec colleagues, will vote against Bill C-45 on Monday.

[Michel Picard, Liberal, Montarville, QC]

Madam Speaker, I commend my colleague for taking the initiative, speaking on behalf of his Quebec colleagues, and sharing their position with the House.

I would like to ask him to elaborate on that position and explain why they decided to vote against taking control of this substance and thus vote in favour of organized crime, money laundering, and jeopardizing people's lives .

[The Assistant Deputy Speaker, Carol Hughes]

The hon. member for Mégantic—L'Érable on a point of order.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, I would like the member opposite to withdraw his comments. I have never said anything here in the House about voting in favour of organized crime.

[Michel Picard, Liberal, Montarville, QC]

Madam Speaker, my position is very simple. I believe that, if members vote against something, then they are voting in favour of the opposite thing.