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

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, at this late hour, I am pleased to rise to ask a question of my colleague, the member for Edmonton West. My specific question is on the enforceability of many portions of the act.

It is fine to write legislation, even if it very poorly written, as I think Bill C-45 indeed is, but there is a lack of enforceability for sections such as how we will actually enforce the limit on four plants in a dwelling. For the marijuana tracking system that the Liberals have proposed in the legislation, there is no real money assigned to it in the budget. We do not really know how it is going to work. How will they track marijuana produced privately in someone's home or are they even thinking of tracking this type of information?

We know this means that thousands of joints could be out there that a person could then sell illegally on the market. There is really no way to enforce many of the provisions of the act. How does the member think the government actually intends to enforce these provisions?

The House resumed 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 second time and referred to a committee, and of the amendment.

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

Madam Speaker, it is an honour today to rise and speak to Bill C-45, the government's draft legislation respecting cannabis and amendments to the Controlled Drugs and Substances Act, the Criminal Code, and other acts. This draft legislation is more than 100 pages long. As the title suggests, it is a complex bill affecting the Controlled Drugs and Substances Act, the Criminal Code, and other acts.

Beyond affecting these acts, this complex bill would also affect individuals. It will affect families and it will affect people's lives. It will affect the provinces and territories and the communities within them. The bill would affect our country in ways we cannot be sure of at this point.

As I begin to speak to the bill and its complexities, I would first like to recognize that the medical community has been studying the effects of cannabis as a drug to treat many illnesses, from chronic pain to anxiety and seizures to illnesses such as intestinal illness and cancer. There are a multitude of illnesses that may or may not be remedied by fully tested, properly prescribed and administered marijuana.

While scientific studies may be on their way to discovering the full potential of cannabis, they are only partway along that path. Much more testing is needed to establish what the full effects and benefits of cannabis are. Science has yet to reach complete conclusions and understanding of the possible detrimental effects of cannabis on the human body.

That said, science has established that cannabis has negative effects on the developing brain of young people. Science has also established the health risks of inhaling smoke, whether it be tobacco smoke, wood smoke, or marijuana smoke. The risk of smoke to human health is well documented.

At this point, cannabis is considered by the laws of Canada as a drug, still not fully tested, with many known effects and many unknown. As legislators, it is our responsibility to consider what the full potential benefits, detriments, and dangers are of any legislation that comes before us, as well as the impact of our decisions and the votes that we take on that legislation. As such, I take this responsibility very seriously, and while I have had some time to look over the bill, there are so many angles, so many components, so many potential impacts, and so many unknowns that I feel much more time is needed before we go down the path of legalization.

Sound and thorough review of this legislation is necessary to ensure that the House does its due diligence to ensure that we perform our duty to the people we represent and not pass haphazard legislation that we come to regret. While I do not disagree that the current status quo is not working, there are other policy options available. One is decriminalization without full legalization, which deserves consideration.

As I mentioned, there is much to be considered. We must consider not only what is on the pages of the bill in the House but also what will be on the pages of the bills in the provincial legislatures, in the territories, and the communities. How will impairment be measured? How will it be proven and penalized? Many of these issues can and likely will be dealt with by provincial legislation, but we have heard that the provinces need much more time and resources to complete the legislation and implementation required.

I have heard from municipalities that they are concerned about how they will draft new bylaws to regulate marijuana production in residential areas and in residential rental homes, which, by the way, will be permitted under this legislation. I have been informed that the provinces and municipalities are looking for funding from the proposed tax and licensing revenue stream that the Liberal government is developing. This funding is required to offset the costs municipalities and the provinces will encounter in dealing with the responsibilities being downloaded onto them by the federal Liberals' election promise, a half-baked idea with no decisive plan for implementation.

Another issue that concerns me as a former small business operator is the impact on small business. What about cannabis use in the workplace?

Large businesses and government agencies may be able to implement random screening processes on a large scale to manage cannabis use in the workplace, but what about the employer managing the corner store? What about the auto repair shop where people take their family car for repairs? What about the other small businesses that will not have the capacity to test or reprimand employees who choose to use the drug before they show up for work or, even worse, use it on their coffee breaks? How will small business owners deal with the challenges without having issues escalate to a point that they either lose the ability to serve their customers or face labour law complaints, be they founded or unfounded?

This kind of scenario is a real possibility, and the consequences could be dire for small businesses, small business managers, and other employees. These are the types of situations and shortcomings that are not addressed in this already complex legislation.

As I said, this bill would end up affecting Canadians in ways we do not think the Liberals have even considered. If the Liberals have considered these possible effects, they have chosen either to ignore them or to pass them on to other levels of government to deal with.

I would also like to address some of the ways in which individuals would be affected. We have heard from the medical community that the use of cannabis affects the function of the brain; that is very clear. We have also heard from the medical community that cannabis has detrimental and irreversible effects on the developing brains of young people. In fact, evidence shows that cannabis should not be used by young people because it has been shown to cause both functional and structural changes in the brains of young people who use it regularly. The Canadian Paediatric Society has cautioned that marijuana use is strongly linked to:

cannabis dependence or other substance-abuse disorders; the initiation and maintenance of tobacco smoking; an increased presence of mental illness, including depression, anxiety and psychosis; impaired neurological development and cognitive decline; and diminished school performance and lifetime achievement.

I am certain that I will be facing questions from the Liberals once I am finished speaking, so before they start asking those questions, I would also pose a question for them in my closing comments.

Part of the platform the Liberals have put forward supporting this legislation is that they are introducing it to protect the health of our children and keep them from harm. When we have health authorities saying that inhaling smoke is detrimental to our health; when we have statements like the one I quoted from the Canadian Paediatric Society, illustrating the risks of cannabis use in young people; when the government is promoting half-baked legislation that would do nothing to eliminate illegal marijuana growth and trafficking; when the Liberals' goal is to create tax revenue that would make the so-called regulated product more expensive than the black market or homegrown product; when the Liberals have no plan to share the potential gains with the provinces and municipalities that will be burdened with their own legal nightmares created by this legislation; when the Liberals have no plan that will actually keep cannabis out of the hands of children at home, let alone on the playground, how can any member on that side of the House believe this is good legislation?

We can likely assume that the Liberals will push this legislation through with their majority and a whipped vote. I believe their motion for early closure of debate on this bill shows that they are afraid to continue debate for fear the multiple flaws in this legislation might be exposed.

As a final comment, I hope at least some of the government members, or eventually the Senate, will take a non-hazy view of this legislation and send it back for a complete remake.

[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.

[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.

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

Madam Speaker, it gives me great pleasure to rise in the House today to support Bill C-45, the cannabis act. This bill represents not only a fulfillment of a large campaign promise to Canadians but a meaningful step forward in protecting our youth and ensuring a safer Canada.

In 2012, 20% of youth aged 15 to 17 reported using cannabis in the previous year. This is an unacceptable statistic as it is harmful to our youth. In my riding of Don Valley East, I represent a large youth population. As government we have a duty to ensure that cannabis stays out of the hands of these constituents.

Bill C-45 would establish criminal prohibitions on the sale or distribution of cannabis specifically to young persons. This is the first time in Canada that a specific criminal office for selling cannabis to a young person has been created. The bill would create two new criminal offences, with maximum penalties of 14 years in jail for giving or selling cannabis to youth, or using a young person to commit a cannabis-related offence.

There is also strict legislation designed to prevent youth from using cannabis. Under the act, any kind of labelling, packaging, promoting, advertising, sponsorship, or endorsement that could entice young people to use cannabis, or make cannabis appealing to youth carries a heavy penalty. This includes a fine of up to $5 million and/or three years in jail.

A large problem with the current status quo is that it does not protect youth. As we have heard, there is a large number of young people who have had their lives irreparably damaged by minor cannabis possession charges. Cannabis possession is the fourth most frequent crime committed by youth in Canada.

Bill C-45 would seek to avoid subjecting youth to the lifelong consequences of a criminal record. Individuals under the age of 18 years would not face criminal prosecution for possession or sharing very small amounts of cannabis, and any violation of that act by youth would be subject to the youth criminal justice system. On top of these measures, our government has committed $9.6 million over five years to a comprehensive public education and awareness campaign designed to inform Canadians, including youth, about the risks and harms of cannabis use.

In 2012, 33% of people aged 18 to 24 reported using cannabis in the previous year. Currently, cannabis procurement is a very dangerous activity. It involves contacting criminal dealers or visiting illegal pot shops, arranging secret cannabis buys, and worrying about the content of the drugs. There is a serious issue with the cannabis that is currently in circulation that has been combined with other potent drugs or has an abnormally high THC content. While overdosing from cannabis is not likely, an impure form of cannabis can lead to an extremely unpleasant reaction to the drug.

Bill C-45 would allow those who are regular consumers, and those who are looking to experiment to consume safe and regulated drugs. It would also allow for the government to regulate the sale and production of these drugs, taking the profits out of the hands of criminals. In 2013, 67% of police-reported drug offences involved cannabis, and of those, 80% were possession offences.

The current criminal justice system is overrun with people who committed non-violent possession crimes. The bill aims to eliminate this burden, thereby allowing our justice system to be more effective in protecting Canadians.

The regulations introduced in the bill include the legal possession of up to 30 grams of cannabis when in public, the purchase of cannabis from regulated retailers, and the growing of up to four cannabis plants per residence. This would ensure that the cannabis market is safe and secure. New regulations on minor possession would also allow our police forces to focus on the important work of keeping cannabis out of the hands of our youth, and the proceeds out of the hands of criminals.

The bill represents political co-operation to the utmost extent. All three levels of government, municipal, provincial, and federal, worked together, along with private Canadian citizens, to ensure the best possible legislation that will protect Canadians.

I would like to congratulate the task force on cannabis legalization and regulation for its hard work. Through its tireless work, engaging in cross-country consultations with all levels of government, as well as experts, patients, advocates, indigenous governments and representative organizations, youth, employers, and industry, it provided meaningful advice on this new legislative and regulatory framework.

The proposed cannabis act would create a strict framework for controlling the production, distribution, sale, import, export, and possession of cannabis in Canada.

I am proud to tell the members of my constituency, many of them youth, that the government they elected is truly working for them. I am proud to tell them about the immense amount of work that our government did and is doing, above and beyond, to fulfill the campaign promises that many Canadians feel so strongly about. I am confident that the cannabis act will lead to a safer and better Canada.

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Madam Speaker, this is an important piece of legislation and one that I think many of us in the House, and Canadians, have struggled with. We are clearly not winning the fight when it comes to the issue of drug abuse in Canada, which is something that I was a part of for many years. I almost feel like we are giving up. However, the reality is that we have the highest cannabis use here in Canada among our young people. Bill C-45 is, hopefully, going to help us get a handle on that.

As much as we are uncomfortable with the direction in which we are going, what alternatives are there to supporting Bill C-45?

[Alice Wong, Conservative, Richmond Centre, BC]

Madam Speaker, I rise today to discuss the proposed legislation in Bill C-45, related to the legalization of cannabis, more commonly known as marijuana.

Bill C-45 has been put forward on a rushed timeline. Many practical implications of Bill C-45 are to be decided by provincial governments. When implementing the bill, the Liberals are asking Canadians to trust them now and hope for the best later, a policy that will not work, like all of the other broken election promises.

Before I even begin my speech to outline my concerns with the policy put forward by the government, I would like to say that I do not believe the legislation would create sound policy for Canadians. Instead, we are being asked to sign a blank cheque on many regulation details to be decided later. The legalization of an illicit drug has a significant impact on all Canadians, and it is our duty to ensure that all Canadians are safe.

I will start with a bit of history of cannabis in Canada. Cannabis was first banned in Canada in 1923, under the Narcotic Drugs Act Amendment Bill. Other drugs on the list at the time included opium, morphine, and cocaine. I am glad those three are still on our current banned list. I do not know for how long though.

Cannabis use continued to steadily grow through the 1970s, 1980s, and 1990s, bringing us to today. Cannabis use is at an all-time high. According to a University of Waterloo report on tobacco and cannabis use in Canada, around one in five students between grades 7 and 12 has used cannabis. The majority of them used cannabis over the past year. I do not think any member would stand up in this chamber and say that this is a good thing. Indeed, these numbers should be going down. Passing the legislation would most certainly mean student usage of cannabis will go up.

Cannabis has been illegal since 1923 for many reasons, but one of the most prominent is that cannabis is a drug that has real and damaging health effects on those who use it, especially in the age range where brains are developing. We heard from my colleague, a physician, who just quoted some of the hard facts about medical research and the kind of harm our children and youth will face once they start using marijuana.

The softening of attitudes towards cannabis has not resulted in lower usage, or more importantly, lower usage among young people. Many more Canadians who do not currently smoke marijuana, or cannabis, are likely to start once it is legalized. The legalization of cannabis will not curb interest. Indeed, it will help to promote it, as evidenced by the states in the U.S.A., such as Colorado, that have legalized it.

I have many concerns with the bill, but I will start with the legal access to cannabis proposed in Bill C-45. The government has stated over and over again that the bill is aimed to protect children and young people from cannabis. The irony in this statement, however, is that by legalizing cannabis and actually providing legal backup for the production, possession, distribution, and use of cannabis, the bill would actually encourage cannabis to be used more.

Under Bill C-45, adults will be able to possess up to 30 grams of dried cannabis while in public. To put this in perspective, 30 grams would fit into a small bag of potato chips, so it is not a small amount.

In private, there is no prescribed limit. We can stockpile kilograms as long as we do not intend to distribute.

The bill goes even further to allow adults to grow and produce their own cannabis with up to four plants in their homes. The problem is that these plants are already in the home. The government wants to protect children, but it is allowing cannabis to be grown in the very space that is supposed to be safe for children.

I understand that the legislation includes a few parameters to ensure that it is not possible for any and every adult to produce cannabis. I also wish to clarify that I am not speaking in reference to the use and the need for cannabis for medical purposes. That is a different issue.

That being said, I am not confident that there are enough safeguards to ensure that the four-plant limit is not rampantly broken or disregarded. Allowing individuals to produce on their own will make regulation and oversight much more difficult for the government and our law enforcement.

This leads directly into some of the other regulatory concerns I have. How the government plans to effectively regulate cannabis production and consumption is not made clear in the present form of the legislation. In particular, the clauses concerning search warrants include provisions that would allow a warrant to be issued through a phone call, or would allow inspectors to open packages and enter buildings based on their belief that activities contravening the law are taking place. These provisions lack substance and practical process to assist law enforcement officers to determine when a search warrant is appropriate and how they are accurately able to predict violations.

Finally, in my home riding of Richmond Centre, I strongly campaigned against the legalization of marijuana and was re-elected because this is a view that many of my constituents share. They tell me their concerns. There are concerns about the awful lingering smell of smoked cannabis, but there are also concerns about obtaining housing insurance if a tenant decides to grow cannabis plants in the unit without the landlord knowing about it. Parents are concerned about the safety of their kids. There are so many unanswered questions about the real-world consequences of legalizing cannabis.

The bill represents a huge shift in policy and for our society, as a whole. I find it infuriating that a government that is so preoccupied with consultations on even the smallest of changes deems it appropriate to rush through this legislation.

One journalist commented that, “Trudeau Liberals are legalizing marijuana as if they're being forced to”.

The safety of Canadians, and particularly, our young people are—

[Salma Zahid, Liberal, Scarborough Centre, ON]

Madam Speaker, the status quo is not working. Through Bill C-45, our government would restrict access by youth and put in place strict safeguards to protect youth from being encouraged to use cannabis. It would create new offences for adults who either sell to or urge youth to commit cannabis-related offences.

As a parent, a mother of two kids, it is my duty to educate them about what is right and what is wrong. I do not drink or use tobacco, and I tell my kids what is right and what is wrong. They are not allowed to use alcohol because of their religion, but I cannot stop the shops from selling it because they should not have it.

[Salma Zahid, Liberal, Scarborough Centre, ON]

Madam Speaker, I am speaking today in support of Bill C-45, not just as the member of Parliament for Scarborough Centre but as a mother who wants to keep her children and all children safe from drugs and alcohol and as a citizen who wants to reduce the power and influence of organized crime.

The fact is, if we want to keep cannabis away from our children, we need to support this bill. Those who oppose this common-sense, evidence-based legislation are supporting a so-called war on drugs that has been one of the most spectacular and expensive failures in the history of public policy and has done nothing but line the pockets of those in organized crime.

The fact is, today it is easier for under-age youth to get their hands on cannabis than it is to get their hands on alcohol or tobacco. If members doubt that, they should talk to our nation's youth and visit schools, as I have. I hear from my own children that cannabis is more accessible to children than beer or cigarettes. It is in our schools and is leading to conflict, illegal activity, and expulsions. Cannabis is negatively impacting the education and lives of our younger generation.

The numbers back this up. Canada has one of the highest rates of youth cannabis use in the world. In 2015, use among youth aged 15 to 19 was 21%, rising to 30% among youth aged 20 to 24. This is simply today's reality.

While the sale and distribution of alcohol and tobacco is regulated by federal and provincial governments, there are strict rules against selling to minors. Retailers face severe fines and penalties if they violate these rules, including losing their licence to sell tobacco, for example, so they have a business interest in ensuring that they follow the regulations against selling to minors.

Of course, there are ways around any system. Yes, an older friend could buy beer for a younger friend. It is illegal, but it does happen. They could steal alcohol from their parents' liquor cabinet. Youth, desperate enough, will find a way around any system. However, the fact is, the regulation of alcohol and tobacco has clearly been more effective in restricting use by minors than prohibition. We need to bring the same system of regulation to cannabis, because it has been proven to be more effective in restricting use by minors.

Besides being more effective, there is another very good reason to support this legislation and the strict regulation of cannabis. With a single stroke, we would be dealing a massive financial blow to organized crime in Canada. Cannabis is a cash crop for criminal gangs, bringing in revenue they use to purchase harder drugs for distribution as well as guns, which fuel violence and crime in our communities. Legalized and regulated cannabis would put criminal gangs out of the cannabis business.

As I have said, a store owner operates under strict rules on who he or she can sell to. Criminal gangs and drug dealers do not care about such rules. They do not care how old customers are, as long as they have the money. Criminal dealers also do not just sell cannabis. They can expose their young customers to other far more dangerous illegal substances.

For the first time, Bill C-45 would create a specific criminal offence for selling cannabis to minors and would create heavy penalties for anyone who engaged youth in cannabis-related activities. The bill would also prohibit products, promotions, packaging, and labelling designed to appeal to our youth. This is why, if we want to make it harder for young people to access cannabis and strike a blow at organized crime, we need to support Bill C-45. If people say that they are tough on crime but oppose this bill, they are fooling themselves.

The proposals in Bill C-45 are common-sense, evidence-based policy that is the result of more than a year of extensive consultation with law enforcement and health and safety experts, led by my colleague, the hon. member for Scarborough Southwest, and the Task Force on Cannabis Legalization and Regulation, led by the Hon. Anne McLellan. This is legislation whose time has come.

I must say that I am saddened to have read the misinformation that some opposed to this bill have sought to spread, particularly within different ethnic communities. Rather than arguing against the merits of strict regulations, they have sought to use fearmongering and misleading statements to deliberately inflame tensions. As a member of one of those ethnic communities, I am insulted that they think so little of us and believe we lack the intelligence to see through their alternate facts. Members of my community want to make it harder for their children to access cannabis, and that is exactly what would be accomplished with Bill C-45. This is help parents need.

Another misleading attack on this bill I have heard is that it would make it legal for minors to possess cannabis. That is an obtuse and deliberately misleading statement. It is true that under Bill C-45 the possession of a small amount of cannabis would not be a criminal offence. It is not for the possession of a small amount of alcohol or tobacco either. This does not mean it would be allowed, though. Our government would work with the provincial governments to ensure that strict fines were in place for those caught in possession of small amounts.

Why a fine and not a criminal charge? On this side of the House, we do not think it is right to ruin the lives of minors by saddling them with criminal records for the rest of their lives because they made a mistake. While strong criminal penalties would be in place for trafficking and distribution, fines are the right approach for simple possession by youth.

It has been raised that there are a number of unanswered questions about the system of regulation that would be created by Bill C-45. Where and how would cannabis be sold, for example? I have also heard from my constituents concerns about how the use of cannabis by neighbours in apartment buildings could impact their enjoyment of their own homes. These are questions that would be addressed by provinces and municipalities, as they fall under their jurisdiction. Canada is a federation, and it would not be appropriate for the federal government to dictate these answers. What is right for one municipality may not be right for another. I am confident that the Minister of Justice and the Minister of Health would work with their provincial counterparts to arrive at the right answers.

We recognize that the use of cannabis and cannabis products, as with alcohol and tobacco, is not without risk. We recognize that the risk is particularly heightened for our youth. That is why it is so crucial that we abandon the status quo, which has utterly failed to keep it out of the hands of our youth.

With this legislation, we would replace a failed approach to drug policy that makes it too easy for youth to access cannabis and provides easy revenue to organized crime with an evidence-based approach of strict regulation and enforcement that would make it much more difficult for youth to access. It would provide severe penalties for those who engage youth, and it would take a large cash crop out of the hands of organized crime.

I would urge those who want to keep cannabis out of the hands of our children to support Bill C-45. As a mother, the bill offers help we very much need.

The House resumed from June 6, 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 second time and referred to a committee, and of the amendment.

[Andy Fillmore, Liberal, Parliamentary Secretary to the Minister of Democratic Institutions]

Madam Speaker, I am rising today to speak to Bill C-45. I am honoured to contribute to the very thoughtful discussions that we have been having in this place and indeed beyond the House about the legalization and regulation of cannabis. I want to thank all of my colleagues for sharing their perspectives on how we can best regulate cannabis to foster healthy and safe communities across this country.

Underneath this debate there are many unifying themes. We are united by a common desire to protect Canadian youth, to uphold public health, and to ensure that cannabis profits are not fuelling organized crime or other threats to public safety. A similar desire is visible outside of the House. Canadians are ready to move toward an approach to cannabis that prioritizes public health and safety, especially for our children.

The current model has not achieved that goal. As we know, an illegal cannabis market is all too much a reality in Canada. We agree with Canadians that the status quo is not working for our families and for our communities. Now it is time to look to the future and ask seriously how we are going to make the positive changes that these families and communities deserve.

Bill C-45 does just that. Through Bill C-45 we are entering a new era where our approach to cannabis enshrines public health and safety. The proposed legislation is underpinned by cautious, evidence-based decision-making to ensure that we take the necessary steps to protect our families and communities.

This government has demonstrated its commitment to evidence-based decision-making across diverse policies and cannabis is no exception. Throughout the process of creating the legislation we have listened to evidence from across the country and in June 2016, our government launched the task force on cannabis legalization and regulation. Above all else, I want to sincerely thank the task force members for their incredible and diligent work on this topic.

The tireless members of the task force and their chair, the hon. Anne McLellan, crossed the country to consult Canadians. They spoke with provincial, territorial, and municipal governments. They spoke with indigenous governments and representative organizations. They spoke with diverse people across Canadian civil society including experts, patients, advocates, youth, employers, and industry experts. That is only the in-person discussions.

The task force also reviewed an amazing 30,000 submissions. Throughout these discussions, the task force developed a rich perspective on how we can best design a new legislative and regulatory framework for legal access to cannabis. The result was an extensive report with far-reaching and detailed recommendations, which was released in December 2016. I am proud that our proposed legislative and regulatory system was informed by and closely aligned with these in-depth recommendations, recommendations that are the product of broad public conversations.

Bill C-45 seeks to ensure that Canadians have the information they need to make evidence-based decisions in their own lives. Through public awareness and education, we can cultivate a culture that is more conscious of cannabis's effects.

I want to reinforce the importance of public awareness and education with a question. What happens when we Google cannabis? The same thing that happens when we Google many other things. A deluge of information appears. Some of it is true. Some of it is not, and it can be incredibly dangerous when that false information informs Canadians' decisions around cannabis use.

The Canadian Centre on Substance Abuse released a study in January 2017 called “Canadian Youth Perceptions on Cannabis”. This study questioned how youth form their understandings of cannabis. In their research, the CCSA found that youth receive most of their information about cannabis from, not surprisingly, friends, peers, the media, and to some extent from their families. The CCSA also found that participants appeared to struggle with critically evaluating the mass of information online and in the media. Amidst the glut of information on cannabis, this study found it is challenging to pick out which conclusions are valid and which are highly biased.

Why is this alarming? These perceptions of cannabis are shaping Canadians' choices around cannabis across the country. Misinformation can lead to dangerous choices. We need to question how we can encourage our youth to make safe decisions around cannabis. I am excited that the proposed legislation works towards this goal through two complementary foci, public education and protecting our youth.

Public education on the harms and risks associated with cannabis will be guided by our evidence-based approach. We will monitor patterns and perceptions around cannabis use, particularly those held by Canadian youth, through an annual Canadian cannabis survey. This information will be crucial to informing our public education and awareness activities, allowing us to more effectively reach out to Canadians. What is more, the survey findings will enable us to mitigate the risks and harms of use associated with cannabis. That is the power of evidence-based decision-making.

Budget 2017 reflects our commitment to public education and awareness around cannabis. In the budget, our government committed $9.6 million over five years to a comprehensive public education awareness campaign as well as to surveillance activities. This campaign will ensure that all Canadians, including youth, understand the risks and harms of cannabis use. This is a crucial step toward safe and healthy communities.

When it comes to protecting youth, the framework we have right now is not working. We have all heard the numbers, but they need to be repeated. Statistics show that youth and young adults are the highest users of cannabis in Canada. Twenty-one per cent of our youth and 30% of young adults in our country used cannabis in 2015 alone. To put these numbers in a global perspective, Canada has the highest rate of youth cannabis use in the world. These numbers are a reminder to everyone why this legislation needs to move forward.

Bill C-45 would take strong action to protect Canadian youth. Under the proposed legislation, selling or providing cannabis to youth would be met with serious criminal penalties. What is more, new offences and strict penalties will be established for those who use youth to commit a cannabis-related offence.

The proposed act would also take steps to ensure that law enforcement will be able to focus on working to ensure that cannabis stays out of the hands of Canada's youth.

In addition to these crucial measures to protect youth, the proposed cannabis act would also work to change how cannabis is perceived and assessed. We spoke about the impact of perceptions of cannabis among Canadian youth. The proposed act would address these questions by prohibiting any products, promotion, packaging, or labelling that could be appealing to youth. Similar to the Tobacco Act, this is an important means of ensuring that marketing campaigns are not targeting youth.

Canada's youth are our future. As we stand at Canada's 150th year since Confederation, we need to look at the future and ask, “How can we best support young Canadians?” We need measures like Bill C-45 to create a safe environment for Canada's youth so that this next generation of leaders can flourish.

To protect Canadians, a pillar of Bill C-45 is public health. This legislation will take two fundamental steps to create a regulatory regime that will enshrine public health and safety.

First, we will set rules for adults to access quality-controlled cannabis. I mentioned the importance of increasing awareness and information about cannabis. However, it is key that this information be rolled out in parallel to a comprehensive regulatory regime. These strict quality controls would ensure that Canadians know what they are buying. We need to monitor product quality to minimize risks to Canadians' health and safety.

Second, we will establish a new, tightly regulated supply chain. Through this regulated supply chain, we can take profits out of illegal markets and away from organized crime. Bill C-45 would bring in serious criminal penalties for those who operate outside the legal market. Together, these measures will foster public safety for Canadian families and communities.

I am privileged to have a strong working relationship with the law enforcement community in my own riding, including with the Halifax Regional Police. In fact, on a Saturday night just last month, I had the opportunity to do a ride-along with the commander of the night watch. I saw first-hand that team's commitment to protecting our communities and ensuring our neighbourhoods are safe for everyone. That night I learned that the illegal guns and gun violence on the streets of my city are there because of drug deals, and it is the same across this country. Taking profits from illegal cannabis sales out of criminal organizations is the best way to further the goal of getting guns off the streets and to complement the ongoing efforts of our tireless law enforcement officers.

It is also important to note that under the new act, the program for access to cannabis for medical purposes will continue. Researchers are continuing to explore the medical effects of cannabis use. Dr. Jason McDougall at Dalhousie University in Halifax received a grant from The Arthritis Society to study how cannabis compounds can be used to manage arthritis pain. Bill C-45 would maintain the program that allows access to cannabis for medical purposes, which reflects the task force's recommendation to maintain a separate medical access framework to support patients.

Finally, after listening to Canadians and experts across the country, this government has taken an evidence-based approach to move toward a new regulatory regime. I deeply admire the extensive work that has been done to ensure that we introduce comprehensive legislation that puts Canadians' health and safety first.

The House resumed 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 second time and referred to a committee.

Second Reading

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, today I will be addressing Bill C-45, the first of two bills that would, combined, legalize marijuana. Since this bill does not cover the impaired driving offence, I will keep my remarks on this to a minimum.

The range of comments I have received on this topic is broad. Some constituents are asking me to oppose, some are fiercely behind me in supporting this measure, and some are questioning specific clauses within the bill. I may not be able to satisfy everyone, but my sincere hope is to truthfully share their views and bring some insight to the specificity of this bill.

Legalizing marijuana has been a long time in the making, and we are breaking new ground. As the second country in the world to legalize, we will find many challenges. If we take some time, I believe we can come up with a fairer justice system, better prevention, improved public health, proper research, and superior education.

I can say with certainty that the war on drugs has failed miserably, and its path of destruction has affected many families and communities. I wish to share the broad nature of the comments I have received. My constituents have a few concerns, and this is what they have told me.

There is concern that four cannabis plants per household may simply not be enough. Others feel it is way too much.

Some fear that marijuana production will be owned by a few mega-growers and that we should be encouraging smaller growers and distribution outlets. This is really important as small businesses, especially in small communities across Canada, really benefit those communities.

A number of my constituents say that the police should be required to report to the parents and guardians when an incident involves youth. In terms of access, some parents are afraid that this legislation will lead to increased access to the substance by their children; other parents feel that it is going to protect their children.

People receiving pardons is an important concern. Right now, more and more people are being charged, and unfortunately, the reality is that people like the Prime Minister, who have more resources, are able to get out of their charges. The reality is that when the Prime Minister shared the story about his brother, it really illustrated the big difference for everyday Canadians. We really need to address this issue. If youth have criminal records for simple possession, they need to be pardoned, and it must be retroactive. That has been a big concern for my constituents.

They are also concerned that the legal limits and levels of intoxication are undefined and unclear and they are concerned about people's right to privacy. If roadside testing involves a saliva test, it is a person's DNA, and currently officers need a warrant for that kind of access.

I support the legalization of marijuana, as long as it is done effectively so that it is not marketed to children, a reliable, long-term revenue stream is created for public health, prevention, and research, and there is a comprehensive impaired driving strategy. The bill introduces promotion restrictions, such as a type of plain packaging for marijuana that includes nothing that will appeal to young people; no false, misleading, or deceptive promotion; no promotion that evokes a positive emotion or image of a way of life; no promotion through sponsors, testimonials, or endorsements; and so on.

One of the negative health consequences of criminalizing cannabis has been a widely acknowledged lack of scientific research, and I hope some of this funding will go into this meaningful research, which will help us understand the best steps to take in the future. We must be particularly concerned with the health impacts of chronic and heavy cannabis use among young people, so New Democrats will be pressing the government to begin establishing research plans and funding into these important areas.

The government also must be clear and upfront regarding provincial responsibilities, including the tax and revenue structure that balances health protection with the goal of reducing the illicit market and protecting youth. The reality is that Bill C-45 leaves many key issues to the provinces, and they will need some time to set up their own regulatory systems, another reason that we wish this process had begun earlier. Canadians need certainty, and they have certainly waited too long for that.

What is equally unclear is what the tax and revenue structures will look like for cannabis and how this will be shared between the federal government and the provinces. The provinces and Canadians will have to wait to hear from the Minister of Finance on that matter. This again goes back to the idea that people keep having to wait and there is a lack of clarity.

That is the reality for so many communities dealing with particular issues of addiction, and we are hoping to see some support here. The government has not been clear about where they will get the funding for public education and research and how that will be rolled out, and we need to know more. People should not have barriers for the rest of their lives to finding good employment, housing, and international travel due to having a charge and/or conviction for a small amount of cannabis. We need to pardon those who have been convicted of simple possession of cannabis.

Changes to the law are long overdue, but they will not come into effect for at least another 15 months. With the current crisis of delays and lack of resources in the justice system, 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. That leaves the estimated 2.3 million Canadians who use cannabis in limbo. Many of these people do not have access to the connections that will make these charges disappear. This is highly concerning. In fact, it is simply not fair.

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 disproportionally affect young and racialized Canadians. We want an interim measure of decriminalization. I want to underline that it would be an interim measure. This is not the solution we are advocating for in the long term. We are saying to put this in place as we go through this process. It is only fair. This will really help police have more discretion to cease enforcing such an unjust law.

Guess who said the following quote: “Arresting and prosecuting these offenses is expensive for our criminal justice system. It traps too many Canadians in the criminal justice system for minor, non-violent offenses.” It was none other than the Liberal Party of Canada. Maybe it is time its members start looking at their own website.

Associate professor of Osgoode Hall, Alan Young, agreed. He said, “But from a moral point of view, if the change is imminent, that undercuts the whole foundation for arrests and prosecutions, and one would hope the government would stop pursuing very minor cases that have clogged up the system for years.”

We have been asking the Liberals to immediately decriminalize simple possession of marijuana as an interim measure as many young and racialized Canadians continue to receive charges and criminal records that will affect them for the rest of their lives, despite the substance soon becoming legal. There is almost a record-breaking number of vacancies in the court. Why the government is aggravating the problem, I do not know.

We need to have a serious look at pardons for these previously convicted cannabis possessions. The government's position on pardons is now in a very confused state. The public safety minister has stated that the government has no interest in granting a blanket pardon for people with criminal records for possessing small amounts of cannabis. There is also no indication the Liberals are interested in making pardons easier to obtain or if they will address the high fee for an application. Not being able to access a pardon remains a serious obstacle for people trying to escape their criminal past and move on with their lives, especially for such a minor situation.

This is despite the Prime Minister acknowledging that the rich and well-connected have an easier time avoiding a criminal record, when citing the example of his brother. The Prime Minister admitted in the House to smoking marijuana. If it were not for his privilege, the Prime Minister could be refused entry into the United States. Canadians have been refused for honestly speaking about their past indiscretions. Does this mean the Prime Minister is simply above regular Canadians?

The NDP has a 45-year history of championing marijuana decriminalization. Changes to the law are long overdue, especially when about 30% of Canadian youth have tried cannabis at least once by the age of 15. This is the highest rate among 43 countries and regions in Europe and North America. Let us make this a public health approach rather than a war on drugs campaign.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Madam Speaker, I am honoured to rise today to speak in favour of Bill C-45, which our government introduced to legalize and strictly regulate cannabis consumption in Canada.

The cannabis bill represents a new approach to cannabis, one that puts public health and safety at the forefront, and will better protect young Canadians.

The current approach to cannabis just does not work. It has allowed criminals and organized crime to profit while also failing to keep cannabis out of the hands of Canadian youth. In many cases, it is easier for our children to buy cannabis than cigarettes.

Canadians continue to use cannabis at some of the highest rates in the world. It is the most commonly used illicit drug among young Canadians. In 2015, 21% of youth aged 15 to 19 reported using cannabis in the past year. That is one out of every five young people in our country.

Today it is regulated and controlled by organized crime. It is far better to have it regulated and controlled by government.

Too many of our youth see cannabis as a benign substance. They are often ill-informed on the harm that it can do, and are unaware that early use of cannabis increases susceptibility to long-term effects. Youth are especially vulnerable to the effects of cannabis on brain development and function. This is because the THC in cannabis affects the same biological system in the brain that directs brain development.

They are unaware that black market cannabis can be contaminated by mould, pesticides, and other more dangerous drugs. At the same time, too many young people today are entering the criminal justice system for possessing small amounts of cannabis, which could potentially impact their long-term opportunities. Clearly, there has to be a better way of educating and protecting our youth.

In Vancouver Quadra, in the second decade of the century, we were seeing regular violent attacks on our city streets, in my riding included, with bystanders being hurt, which was part of the competition for these profits among organized crime gangs. That is why in September 2011, I began working in Ottawa, within the Liberal caucus, organizing meetings and bringing expert speakers to Ottawa to advance the dialogue about cannabis prohibition and how legalization could address some of those serious problems. I have the privilege in Vancouver Quadra and Vancouver of working with former attorneys general and justice and health professionals in a coalition called Stop the Violence BC. We have common cause on legalization.

I would like to focus my comments today on the benefits of this legalization for youth, one of our government's primary objectives for Bill C-45.

I would first like to note that this legislation is just one piece of the overall approach to addressing cannabis use by youth.

Specifically, our government is trying to reduce cannabis use by youth, to restrict their ability to obtain the product, to provide them with better information on its health harms and risks, and to keep them out of the criminal justice system for possessing even small amounts of cannabis, as is possible today. This approach requires legislative and regulatory measures and support for public education and awareness. To this end, our government has begun a public education campaign, with a focus on youth and their parents, to better inform them about cannabis and its health harms and risks.

Considering all of these measures combined, I am confident that our government's overall approach will be effective in better protecting our youth from the potential harm of this mind-altering substance.

I would like to explain some of the specific measures in the cannabis act to help safeguard our youth.

As a society, we have learned much from the health and safety controls put in place for other potentially harmful substances, such as tobacco, alcohol, and prescription medications. Bill C-45 uses these best practices as a starting point.

At the outset, Bill C-45 prohibits the sale of cannabis to anyone under the age of 18 and prohibits adults from giving cannabis to anyone under 18. It also creates an offence and penalty for anyone caught using a young person to commit a cannabis-related offence. Any adult found guilty of engaging in these activities would face a jail term of up to 14 years.

To avoid the kind of enticements to use cannabis that we have seen in the past with tobacco, Bill C-45 would prohibit any form of cannabis that is designed to appeal to youth, such as gummy bears or lollipops. To further protect youth, cannabis producers or retailers would be prohibited from using any kind of packaging or labelling that might be appealing to youth, or to use any kind of endorsement, lifestyle promotion, or cartoon animal to promote their product, and the promotion and advertising of cannabis products would not be permitted in any place or in any media that could be accessed by youth.

We are taking the health and safety of our youth very seriously. Bill C-45 also includes authority to make regulations that could require cannabis to be sold in child-resistant packaging to protect our youngest ones from accidentally consuming this product.

Taken together, these measures constitute a comprehensive approach to protecting the health and safety of our youth.

In addition to protecting public health and safety, one of our government's goals is to avoid criminalizing Canadians for relatively minor offences.

Having a criminal record for simple possession of small amounts of cannabis can have significant consequences. Having a record can seriously impact opportunities for employment, housing, volunteerism, and travel.

The question we have to ask ourselves is do we want to continue to saddle Canadians with these burdens for the possession of small amounts of cannabis? Our government's response is an emphatic no.

For this reason, the proposed legislation sets out a 30-gram possession limit for dried cannabis in public for adults aged 18 and over, with strict penalties for adults who give or try to sell it to youth or who use a young person to commit a cannabis-related offence.

Bill C-45 takes a different approach to cannabis possession by youth, one that recognizes that in some circumstances, entering the criminal justice system can do more harm than good. Prisons can be known for turning a misguided person into a bad person, at great public expense.

Under Bill C-45, youth would not face criminal prosecution for possessing or sharing a very small amount of cannabis. Any activities by youth involving more than small amounts of cannabis, defined as over 5 grams, would be addressed under the provisions of the Youth Criminal Justice Act.

Our government will be working with the provinces and territories to support the development of legislation in each jurisdiction that would allow law enforcement to confiscate any amount of cannabis found in the possession of a young person. This would allow authorities to take away any amount of cannabis they may have in their possession.

Let me be clear: the proposed approach to addressing youth possession of cannabis does not mean that such behaviour is acceptable or encouraged. It is not. Rather, it recognizes that a more balanced approach with a range of tools works better to reduce cannabis consumption among youth, which is exactly what we are aiming for.

We believe that this law strikes the right balance between avoiding criminalizing youth for possession of small amounts and ensuring that cannabis remains tightly regulated and controlled, just as Canadians wish it to be.