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.

Marijuana

[Ginette Petitpas Taylor, Liberal, Minister of Health]

Mr. Speaker, once again, protecting the health and safety of Canadians is a top priority for our government. The existing approach to cannabis does not work. It allows criminals to profit from cannabis and it is also a failure because it does not protect our children.

We thank the Senate for all its work and we agreed to the vast majority of the proposed amendments. We firmly believe that Bill C-45 will help us reach our objectives and ensure a responsible transition towards a legal cannabis market.

[Ginette Petitpas Taylor, Liberal, Minister of Health]

Mr. Speaker, the health and safety of all Canadians is a top priority for our government.

The approach taken by Mr. Harper's Conservatives did not work. It allowed criminals to profit from cannabis and did not manage to keep cannabis out of the hands of children.

We thank the Senate for its work and we agree on the vast majority of the proposed amendments. We believe that Bill C-45 will help us meet our objectives and allow for a responsible transition towards a legal market.

[Ginette Petitpas Taylor, Liberal, Minister of Health]

Mr. Speaker, protecting the health of Canadians is an absolute priority for our government. The Harper Conservatives' approach did not work. It allowed criminals to profit and did not manage to keep cannabis out of the hands of youth. We thank the Senate for its work, and we agree with the majority of the amendments presented by Conservative and independent senators. We are convinced that Bill C-45 will allow us to reach our objectives and ensure a responsible transition to a legal cannabis market.

Firearms Act

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, that has nothing to do with the bill we are discussing. The hon. member and friend from Winnipeg Centre should look at the legislation carefully to see if this is something that would really address the situation he is talking about, gang violence in his own constituency, which is a significant problem. I realize that and acknowledge that this is a serious issue in his riding.

I will affirm very clearly, from my understanding of this legislation and from what I have read, that this will not help you at all, because it is not law-abiding gun owners you have a problem with. It is gangs, illegal guns, and the drug trade, which will only get worse once Bill C-45 is passed later this week by the Senate. You will have nobody else to thank for that but yourself—

Cannabis Act

[The Speaker, Geoff Regan]

It being 3:08 p.m., pursuant to order made on Tuesday, May 29, the House will now proceed to the taking of the deferred recorded division on the motion relating to Senate amendments to Bill C-45.

The House resumed consideration of the motion in relation to the amendments made by the Senate to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts.

Marijuana

[Ginette Petitpas Taylor, Liberal, Minister of Health]

Mr. Speaker, protecting Canadians' health and safety is a top priority for our government. The Harper Conservatives' approach did not work. It allowed criminals to benefit and did not manage to keep cannabis out of the hands of our children. We thank the Senate for its work, and we agree with the majority of the amendments they proposed. We believe that Bill C-45 will give us the opportunity to achieve our respective objectives and to transition towards a legal market.

Cannabis Act

[Bob Saroya, Conservative, Markham—Unionville, ON]

Madam Speaker, I am pleased to rise today to once again speak on an issue that I and many Canadians are deeply concerned about. I rise to speak against Bill C-45. This bill would legalize marijuana in Canada, a dangerous drug that is nothing less than damaging and addictive. I have been very clear that I am against this piece of legislation. I have taken the time to listen to experts from all backgrounds, and the findings continue to be the same: Marijuana is dangerous and Canada needs to think twice before going through with this bill. The Liberals really do not seem to get it.

Let me remind us all of the facts. According to the Canadian Medical Association, increased use of marijuana before the age of 25 severely impacts brain development. This means that this drug should not be made available to young people. In Colorado, where marijuana is legal, there have been cases of elementary school students consuming brownies containing marijuana and showing up high at school, as a result of how accessible the drug is in their homes. We are now beginning to see that happen in Canada. People have a misconception that marijuana is already legal.

Unfortunately, it gets worse. In Oshawa last month, on two different occasions, marijuana snacks were brought into schools in the form of gummy bears and cookies. The government refuses to think of our children. This is wrong. Unfortunately, the Liberals continue to put their political agenda above the safety of Canadians and are failing to consider the consequences. Worst of all, our police force is underfunded, unequipped, and not properly trained to react to an influx of drugs into our communities.

When it comes to health and safety, Canadians deserve the best. If we look at the example of Colorado again, Colorado is already regretting its decision to legalize marijuana. Just last month, we heard the Colorado governor say that he would not rule out banning marijuana once again. We should not make the same mistake as Colorado.

Many Canadians are deeply worried. The constituents in Markham—Unionville have told me countless times how concerned they are about the consequences of allowing marijuana to flow freely into our communities.

I will remain on the right side of this issue. The legalization of marijuana is a serious matter. I do not understand why the government refuses to look at all the facts. It has an arbitrary deadline in mind and is continuing full steam ahead. The Liberal government's plan to legalize marijuana would make Canada the first developed country in the world to do so. That fact alone should make us pause.

Why are we signing up to be the largest social experiment of the 21st century, when all the experts are telling us to slow down? I would have hoped that instead of politicizing the issue, the Prime Minister would take into consideration the many concerns presented by health experts, first responders, community leaders, and residents. Instead, the Prime Minister has opted to use everything at his disposal to rush Bill C-45 into law.

The evidence is clear. Marijuana contains over 400 chemicals. Many of these are the same harmful chemicals found in tobacco smoke and cause serious harm to youth brain development. There is no doubt about it: Marijuana is not safe. The misguided idea pushed by the Liberals that recreational use of this drug is harmless and should be legalized reinforces a misconception that marijuana is harmless. It would result in the normalization of marijuana use, for which our young people will pay dearly.

Countless medical professionals have testified that the brain continues to develop until the age of 25. According to the Canadian Medical Association, increased use of marijuana before the age of 25 increases one's risk of developing mental disorders such as schizophrenia, depression, and anxiety by up to 30%, compared to those who have not used marijuana under the age of 25.

The government cannot go through with this bill.

I have heard loud and clear from my riding that people are concerned about the negative consequences that legalizing marijuana would have on our community and our youth. They are worried about what it would do to the value of their homes. However, the Liberals just keep going.

This is a piece of legislation that pertains to an issue very close to me. Marijuana is a dangerous drug. With all the pro-marijuana publicity lately, it can be hard for many Canadians to remember that marijuana is indeed damaging and addictive.

Canadian families expect safe and healthy communities in which to raise their children. Elected representatives can and should provide guidance on this drug to reflect the views of all Canadians. Let us all remember that we are talking about the health and safety of Canadians, and they deserve better. Let us not rush through the legislation. We need to do what is right for all Canadians. The provinces, municipalities, and police forces are not ready to implement this legislation.

I have said many times before that I oppose the legislation entirely. I choose to listen to the concerns raised by scientists, doctors, and law enforcement officials. I want to advocate for the voices that are not heard in the legislation and for those who say that the government's plan is being rushed through without proper planning or consideration of the negative consequences of such complicated legislation. The passing of Bill C-45 would lead to negative repercussions at the global level.

The government claims that the legislation will control the drug, but in reality it would allow the drug to get out of control, especially when we look at the issue of home grow. I really just cannot believe it. If marijuana is in the home, youth will have access to it. We have already seen this happen. Why will the government not look at the bill for what it really is, a big mistake? We cannot normalize this drug. We should not legalize it. Our children will pay the price.

I was speaking to the police chief of York region. He is definitely against this. He asked me to ask the member of Parliament for Scarborough Southwest what side he was on for the 40 years he was in law enforcement, compared to now.

There is no money. For York region alone, it will cost $54 million over three years. The previous Liberal provincial government had promised up to 60%, and 40% will be taken by the local residents of York region. Is that fair?

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Madam Speaker, not everybody follows Facebook; not everyone follows Twitter. What does the member think this government should have done back in December, as it was proposing this bill to come forward this year?

Does the member not think it should have reached out to the Canadian School Boards Association? Does the member not think it should have reached out to all school divisions in this country, with some literature, with some pamphlets, with some education on it, or maybe even a video or two?

That would seem to be the wise thing to do. We just heard from the hon. member that the government has done none of this. It is relying on Facebook and Twitter. Is that not disgusting, that the government has never once gone into the schools in this country to tell people about the effects of this cannabis bill, Bill C-45?

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

What does the member mean by “Come on”, Madam Speaker? In our schools in Saskatoon that has happened already. That is how much members know about this. They have no idea what goes on in our communities, that we are trying to give our students in elementary school and secondary school better lives. Instead, the government is just pushing Bill C-45 ahead without any consultation with the people who it affects most of all, which is our young people.

Shame on the government. It has not done the consultation it said it was going to do. It has not reached out to the Canadian School Boards Association. I know this because I have talked to the Saskatchewan school boards. The government has done nothing. Shame on it for pushing Bill C-45 without talking to the people who it affects the most, which is our kids. They are our future.

I cannot support this bill without the consultation that the government said it was starting months ago. The government has done nothing and it should be ashamed. There is no way those on this side are going to support Bill C-45.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Madam Speaker, I rise today to speak to the amendments to Bill C-45, respecting the legalization of cannabis. I will be sharing my time with the member for Markham—Unionville.

There is no question that the current Liberal government is intent on pushing this bill through, despite numerous concerns voiced by experts, by law enforcement, and by Canadians across this country, including school boards, from coast to coast to coast. This is not a bill that should be forced through Parliament on a whim. As Parliament has spent many months studying the implications of this bill, many concerns and problems with the bill have been brought forward, as we have heard continuously in the last hour or so in the House. It is critically important for all Canadians that the current Liberal government work to resolve these problems, and that it listen to these concerns rather than try to push this bill through at all costs.

The Senate, as we know, has returned Bill C-45 to the House with 45 amendments, but the government has agreed to only 29 of them. The government has no plans to resolve any of the problems, which are still left unaddressed given its rejection of other crucial amendments. However, notably, the Liberals are refusing to allow provinces to determine on their own whether to ban cultivation of marijuana in individual homes. This is a big issue. Provinces such as Manitoba and Quebec have already signalled their deep concern with the negative social impacts that would occur as a result of allowing households to grow up to four marijuana plants. These provinces have concerns and they want to have the power to ban homegrown marijuana cultivation, but the current Liberal government has blatantly ignored these concerns and has said, “absolutely not”.

Most of the medical groups and the police services that have appeared before the House committees studying this bill have said they are against the provision in Bill C-45 to allow homegrown marijuana. Even if these households contain small children, even if this provision would allow organized crime to exploit homegrown marijuana production, and even if the police have said they will have serious difficulty monitoring whether people are growing no more than four plants in their homes, the government has said no to those provisions. The Liberals have shown that they care more about pushing through this bill as soon as possible than they care about public safety or about fixing the significant flaws in the bill. This action is totally unacceptable, and it also demonstrates clearly that the Liberals have their priorities backwards.

I spoke to many real estate people in my province of Saskatchewan, and actually on lobby day many of them came through our offices here, representing the Canadian real estate boards. They are also concerned. There are no landlord-tenant regulations for growing four plants in a home that maybe somebody is renting. This is something that needs to be discussed with the Canadian real estate board, and it has yet to do so.

In March of this year, I spent eight days touring various communities in Nunavut. I visited eight or nine schools on our trip, and that was really enjoyable. While I was meeting with the people of these communities, I heard many serious concerns with this bill, and how it would negatively impact the well-being of these northern communities. We should say right off the bat that there are no health centres in Nunavut for people struggling with addictions. I heard time and again there is not one facility in Nunavut that handles addictions, so when people have a problem they will be flown either to Winnipeg or all the way to Montreal. These people want to stay in their communities, yet they have no addiction facilities. Perhaps we should start there with at least one addiction facility in Nunavut and work out from there, but no, this bill will pass and we will see the horrific incidents that will happen time and again in Nunavut because of this. While the Liberals are taking no steps to mitigate the negative consequences that this bill would have in these communities in Nunavut, many of the elders are really concerned with this cannabis bill and they have not been consulted.

I found that first-hand when I toured each village up in Nunavut. Many of the elders are really concerned with this cannabis bill, and they have not been consulted. The government claims it consults indigenous peoples, and yet seven or eight of the Inuit communities I saw had not been consulted on this bill as of March.

The government wants to make sure at all costs that provincial and territorial governments will not be able to ban the homegrown marijuana plants within their own jurisdictions. This is not at all helpful, and it does nothing to address the many concerns I heard during my visits to these communities in late February and March. These people are being ignored by this Liberal government, because the Liberals' priority is to push this bill through at any cost.

The role of Parliament, of course, is to ensure that bills passed are for the betterment of all Canadians and do not cause harm to people across the country. Actually, the way in which Bill C-45 is being handled by the current government suggests in no way, shape, or form that the best interests of Canadians are being attended to.

We have talked to many people in this country about the bill. The number one consideration is the education aspect of it. In December, the government began its advertising about cannabis legislation. Where should it have started? I would think it should have contacted the Canadian school boards for a start. Does the government not think we should be in every classroom in this country talking about the good and the bad about cannabis? The government has not done anything at the school board level in this country.

I know this because I have a daughter in the city of Saskatoon who is a teacher. She is teaching grades 7 and 8. They have not even discussed this bill, and it is coming forth right away. I also have a son in Alberta who teaches at a junior college in Lethbridge. They have not even talked about this. These are kids in grade 9, 10, and 11, yet these schools have not talked about this bill and how it will be worked out in the provinces of Alberta and Saskatchewan.

When the minister brought this bill forward, we were told that a vast education program would come with it. We have seen one or two ads on television, but let us get to the grassroots and to the kids who are in grade 6, 7, 8, and beyond. Why would we not talk about this bill in schools? Why would we not give each school in this country some literature so they can talk about the harmful effects of cannabis? The government has done none of it.

I was a school board trustee for nine and a half years. I asked the government questions time and time again about the education of this bill. Representatives told me it had hundreds of thousands of dollars to spend on education. It has done next to nothing.

Schools are petrified that come September, they are the ones that will have to deal with this. They will have to deal with seven-year-olds coming to school with cannabis in their pocket, and yet none of the education has been done.

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, I am thankful for the opportunity to speak this afternoon on Bill C-45, an Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts. Bill C-45 was first introduced in this place on April 13, 2017, just over a year ago. It is remarkable that the Liberal government, in just a little over a year, is desperately trying to force this proposal through. Although there has been a great deal of work done around the bill, it is abundantly clear that this has happened far too quickly. The Liberals are rushing through this legislation to meet their political deadline, not a well-thought-through plan, but a deadline that is self-imposed. This is despite very serious concerns that were raised by scientists, doctors, and law enforcement officials.

I want to note from the outset that I do not support the legalization of marijuana. The Conservative Party has adopted a much more measured and responsible approach to keeping minor marijuana possession illegal, but to make it a ticketable offence. This is the position that has long been adopted by the Canadian Association of Chiefs of Police. Unfortunately, Liberal backbenchers appear willing to support the Prime Minister's dangerous proposal. I believe we have a moral responsibility to soberly consider the consequences of legalizing marijuana in so many areas of Canadian life.

The fact that the Liberals are continuing down this reckless road without having a fully fleshed-out legal framework in place for the significant supplementary conditions is irresponsible. The only appropriate way to move forward with a bill of this scope, if that is truly what the Liberals wish to do, is to move cautiously and carefully. Anything less represents a profound failure to ensuring that these changes do not increase risks to Canadian children and families.

It is the primary duty of any government to keep its citizens safe. The specific goals of Bill C-45 are outlined in clause 7, and they include protecting youth, regulating the industry, and eliminating the black market. The problem is that Bill C-45 will accomplish none of these goals. I will focus for the most part on my concerns around protecting our youth.

Mr. Marco Vasquez, a former police chief in the town of Erie, Colorado, had this to say to the Standing Committee on Health:

When you increase availability, decrease perception of risk, and increase the public acceptance of any commodity, you will see increased use. Once we see that increased use, it's very difficult to keep marijuana out of the hands of our youth. We know from validated studies that marijuana use for youth under 30 years old, especially chronic use, can have an adverse effect on brain development. We also know that one in six youth become addicted to marijuana.

We've certainly seen an increased use of marijuana in Colorado, and I believe that the increased use will ultimately increase disorder and risk factors for our youth. We're already seeing signs of increased disorder within our communities.

Dr. Laurent Marcoux, president of the Canadian Medical Association also noted:

Children and youth are especially at risk of harm, given their brain's development. And they are among the highest users of cannabis in Canada.

To better protect this part of the population, we are recommending that the age of legalization be set at 21 years. The quantities and the potency of cannabis should also be more restricted to those under age 25.

Despite these increased risks, however, evidence shows that youth today do not believe cannabis has serious health effects. A comprehensive public health strategy for cannabis must therefore include education, similar to what has been done with tobacco.

Educational strategies should be implemented before, and no later than the enactment of any legislation in order to increase awareness of the harms and to conduct further research on its impact.

These are just a couple of the comments on the matter of youth consumption of cannabis. Currently, Bill C-45 recommends the age of 18 as a federal minimum, but medical professionals have testified that the brain continues to develop until the age of 25. Increased use before the age of 25 increases one's risk of developing mental disorders like schizophrenia, depression, and anxiety by up to 30%, compared to those who have not used marijuana under the age of 25. This is why the CMA and the other medical professionals recommended raising the age at which a person can consume marijuana to at least age 21.

Another challenge with the bill is that children ages 12 to 17 are able to possess up to five grams of marijuana. As the points I have just raised will underscore, this is ridiculous in light of the medical evidence of the harm it can cause to youth. Bill C-45 offers no provision to prevent them from selling or distributing cannabis to other 12- to 17-year-olds.

I turn now to the home grow provisions included in this bill. Bill C-45 would allow four plants per dwelling, with no height restriction on the plants. If grown in optimal conditions, this could yield as much as 600 grams of marijuana. What we heard from plenty of testimony at the health committee is that there is a great deal of apprehension around home grow. These concerns were raised by most medical groups and police forces who appeared.

For one thing, this proposal absolutely would not keep marijuana out of the hands of youth. If it is in the home, youth will have access to it. Furthermore, there is no requirement to lock up the marijuana if the home has people under the age of 18 living in it, or even just frequenting it. What we have seen in other jurisdictions is that by legalizing homegrown marijuana, that area has been hugely penetrated by organized crime. This is why the State of Washington, for example, does not allow home grow, except for medically fragile persons who cannot get to a dispensary. It has been able to reduce organized crime to less than 20% of the market.

Dr. Kevin Sabet, president of Smart Approaches to Marijuana, told the health committee:

We are deluding ourselves if we think that major drug trafficking organizations will not exploit every chance they get to have a way to be legitimized through the legal market. We're seeing this in other states. We're also deluding ourselves to think that they will go away and not try to undercut the government price of cannabis. The economies rule the day here in terms of price. The lower the drug price, the more likely someone is to use, and the illegal market can easily undercut the legal market.

I want to speak for a moment about my province of Manitoba as well. The Government of Manitoba made a responsible decision to prohibit home grow in the province. This decision will cut out more of the black market and better protect children. Unfortunately, the Liberals appear poised to reject an amendment that would confirm the ability of provinces to make these sorts of localized decisions within their own territories. Quebec and Nunavut have also expressed a desire to take similar steps in their respective legislatures.

The Liberal government has thrown a lot at the provinces and territories with Bill C-45, and to reject an amendment that would help provinces better manage this transition to legal marijuana would indicate a significant lack of judgment. I hope that the Liberals will make the right choice and help provinces make the best decisions possible for their residents.

My wife is a very good cook and baker, and when she bakes a batch of cookies or cakes or brownies, not cannabis brownies, but real brownies made with cocoa, she does not put them on the counter thinking that they are not available to children. With the legislation before us, we are going to see home grow marijuana readily available to youth in kitchens, living rooms, family rooms, and dens. The ill-conceived and poorly thought-out plan of legalizing home grow operations makes one of the Liberals' priorities, which is protecting youth, completely unattainable, because it is going to be easily accessible.

When I get a prescription for pain medication after surgery, I do not take that prescription and leave it lying on the counter where it is easily accessible to children, for example, in the sunlight where it can grow. I put that prescription in the cabinet where it is inaccessible to children.

We tell children not to play with matches. We do not keep matches within the reach of children, yet we are going to have homegrown marijuana within the reach of our youth and children. We are absolutely going to be inviting them to play with this dangerous chemical.

It is irresponsible for the government to think it is reaching this objective of protecting our youth by allowing home grow operations to be legitimate and forcing the provinces to agree. It talks about provinces having the ability to set their own regulations, and indeed some of them have. I compliment my Manitoba government for establishing stricter regulations as far as the age by which possession and use will be accepted. However, not allowing the provinces to establish restrictions on home grow is irresponsible.

[Stephanie Kusie, Conservative, Calgary Midnapore, AB]

Madam Speaker, today I will be splitting my time with the hon. member for Provencher.

I am here today to speak against Bill C-45 and its legalization of cannabis. This bill is supposedly intended to protect youth, regulate the industry, and eliminate the black market. Not only would it not do any of those things, it would also prevent Canada from upholding several of our international treaties, something very dear to me as a former diplomat, and would likely cause additional tension with provincial governments.

Doctors and other medical professionals have found that the brain continues to develop until the age of 25 and that marijuana use before that age will actually increase an individual's risk of developing mental disorders, such as schizophrenia, depression, and anxiety, by up to 30%. For this reason, one of the principal intentions of this bill was to keep marijuana out of the hands of children. This legislation would be unsuccessful in that regard for two reasons.

The first reason is that the legislation would allow possession for minors, children aged 12 to 17. I have a son who is seven years old, and the thought that he would be able to possess cannabis five years from now is terrifying to me. They would be allowed to possess up to five grams of marijuana, which is approximately 10 to 15 joints. There is also no provision to prevent them from selling or distributing cannabis to other 12- to 17-year-olds. The amount minors are allowed to possess should be zero so that we can send the right message on the dangers for youth. Youth should not be using it and therefore should not be allowed to carry it. Again, the thought of this being anywhere near my young son frightens me.

The second reason is that this bill would also set the age of 18 as the federal minimum. The Canadian Medical Association and other medical professionals recommend increasing the age at which a person can legally consume marijuana to at least 21. Although under the age of 21 there is potential for mental disorders, as previously mentioned, they also recognize that if the age is set too high, people will continue illegal consumption.

If we want to keep marijuana out of the hands of children, 18 is too young an age. Typically, 16- and 17-year-olds hang out with 18-year-olds. The majority of us in the House have certainly been to secondary school.

Another goal of this legislation was to help eliminate the black market for marijuana. Having worked in Central America and Latin America, the black market for narcotics is very well known to me and concerns me very much.

This is extremely unlikely to happen, because it is dependent on many factors. Factors such as pricing, distribution, production, and packaging are not included in this bill. They are, rather, left to the provinces to legislate. Additionally, allowing people to grow marijuana at home would only increase the size of the black market, as Canadians would be permitted to grow yields of up to 600 grams in their homes. Such a large amount of marijuana can easily lead to trafficking and make it extensively harder to enforce.

We heard this from Joanne Crampton, the assistant commissioner for federal policing criminal operations in the RCMP, who stated:

organized crime is a high priority for federal policing, in particular, for the RCMP. We target the highest echelon within the organized crime world. We're very cognizant...and realize that the chances of organized crime being eliminated in the cannabis market would be.... It's probably naive to think that could happen.

She said it is “probably naive”. This is yet another goal of this legislation that would not be achieved.

This legislation is also being rushed through Parliament without necessary debate or consultation. We have heard repeatedly from municipal and provincial governments that they will not have the necessary time or resources to adequately respond to the impact Bill C-45 would have on both Canadians and our communities.

There are numerous organizations and associations that have asked to push back the arbitrary deadline. For example, the Canadian Association of Chiefs of Police asked the government to extend the deadline. I think “asking” is a subtle word. I would say that “begging” would be more appropriate.

Over 68,000 police officers in Canada will need specific training in the wake of this monumental legislative change, and a few months is not a realistic time frame within which we can do this. If police are not prepared to deal with the legalization of marijuana due to inadequate training, this may lead to poor decisions and result in bad case law for any new legislation. This is important, because law is based upon precedent, and we are going into a time when these precedents will be set for the future.

We need our law enforcement in Canada to have the proper ability and resources to uphold the law. Police will require final legislation from all levels of government before being able to begin their planning and training. The government should have provided police forces with clearer direction in this regard. Provinces, municipalities, police forces, and our indigenous communities have made it clear that they are not ready to implement this legislation and that more time would have allowed for adequate consultation to develop a successful framework.

There will also be major international implications from implementing this legislation. The legalization of marijuana does not comply with three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Might I add, as a former diplomat, that I cannot see how this could not possibly affect the Vienna Convention as well in regard to consular matters.

We also know that this could cause additional tension with our southern neighbours, the United States. Officials at United States' border crossings have been asking individuals whether they have consumed marijuana, and if the response is yes, these individuals have been denied entry by our next-door neighbour. This will be problematic when individuals' legal marijuana use in Canada results in their consistently being denied entry into the United States.

At the health committee, we heard that the former mayor of Grand Forks, Brian Taylor, was barred from going back to the United States due to a “relationship with marijuana”. A relationship: those are pretty strong words.

By the way, Grand Forks is a beautiful place. I went there as part of my honeymoon. I loved it there. It sits near a river. There is a presidential museum there, which we had the opportunity to visit.

Getting back to the bill, not having a solution to this problem may cause additional tension in the context of already hostile NAFTA negotiations. This is a serious issue that is still unresolved.

This legislation is also likely to cause jurisdictional problems here at home. Quebec and Manitoba have taken a strong stance against home grown marijuana, but the government will force all provinces to allow home growth, contrary to a unanimous amendment from the Senate.

Provincial governments will bear much of the burden of this legislation when it comes to regulations on distribution, production, and enforcement, so it is only fair that they have discretion in this area. This is yet another case of the federal government forcing its policies on provincial governments, much like it is trying to do with the carbon tax. It is very similar indeed.

The bill is extremely worrisome, as it contains some major issues. The Standing Committee on Health heard from many witnesses on Bill C-45, and the government keeps failing to implement their recommendations. These concerns are from respectable establishments, such as the Canadian Medical Association and the Canadian Association of Chiefs of Police. Some significant and well-known organizations in the nation are saying that they are not ready, that this legislation is not ready, and that they require more time.

I always say that we will be the official opposition that holds this legislation to account through enforcement, through distribution, and through education.

If my Liberal colleagues across the floor truly cared about the well-being of Canadians, they would not be putting this legislation forward in its current form. We need to stand up for the safety of all Canadians and vote against Bill C-45.

[Bill Blair, Liberal, Scarborough Southwest, ON]

Madam Speaker, quite frankly, I am rather perplexed by the member's comments. The member may recall that Bill C-45 passed second reading and went to committee. That committee heard from over 100 witnesses, over the course of a very long and concentrated session of testimony, before reporting back to the House. It made a number of amendments and recommendations to the House, which were adopted. We moved forward to third reading, and then it went to the Senate.

This is an issue that has been examined extensively for over 50 years. When we became government, we formed a task force with expertise from the areas of justice, public safety, public health, and problematic substance use. We sent it across the country. It received over 30,000 submissions from Canadians on this issue. There were over 700 written submissions. It conducted dozens of round tables and town halls across the country, gathering information before it made recommendations to the government. Therefore, this has been perhaps one of the most consulted and collaborative processes ever undertaken by a government.

We are grateful for the important work done by the Senate. It has contributed enormously to this discussion. However, we believe we have a well-informed evidence-based policy framework for the strict regulation of cannabis, and we are prepared to move forward on it.

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

Madam Speaker, I am very pleased to rise in the House to speak to Bill C-45, the cannabis act.

I would like to begin my remarks by acknowledging the very comprehensive and important work of the Senate. The depth and breadth of its review was unprecedented for any proposed federal legislation that has come before it. It included extensive studies by five committees, which together conducted 47 meetings over 195 hours and heard testimony from over 200 experts and witnesses.

We have followed this process very closely. We have listened very carefully to the thoughtful questions and observations put forth by the members of the other place. The country has been well served by their careful attention to this important issue, and we are deeply and sincerely appreciative of their hard work and wise counsel.

I would also like to acknowledge the work of the aboriginal peoples committee. The government's response benefited tremendously and was made better by its advice and advocacy. I am sincerely grateful for its advice and counsel, which I believe has significantly improved the government's response to indigenous community concerns.

The Senate's comprehensive study has also provided parliamentarians and Canadians alike with an opportunity to learn more about the government's policy to legalize and strictly regulate cannabis, including understanding the main objectives and features of the proposed framework. One of the things I have been struck by throughout this process is the overwhelming consensus among nearly all parties that the government must do more to protect the most vulnerable of our citizens—our kids—from the health and social harms that the current failing system of cannabis prohibition has led to.

Prohibition has not stopped our young people from accessing and using this drug. In fact, Canada's record of youth consumption of cannabis is among the worst in the world. Prohibition has enriched organized crime in the billions of dollars each year while exposing Canadians to an unregulated, untested, and unsafe drug. Finally, the failed system of criminal prohibition has resulted in the criminalization of hundreds of thousands of Canadians and contributed to an unjust disparity and impact on vulnerable communities.

Prohibition has failed. We cannot regulate and control a prohibited substance. It is only by ending the prohibition, which is what legalization is, that we are able to implement a comprehensive and far more effective system of strict regulatory control. It means replacing a dangerous system of illicit production and grow ops with a strictly regulated, licensed regime that provides for adherence to rigorous health and security standards, oversight, testing, and accountability. For the provinces and territories, it means displacing drug dealers and illicit dispensaries with a strictly regulated distribution system, which will do an infinitely better job of keeping cannabis out of the hands of kids and redirect revenues from criminal enterprises to the public good.

Bill C-45 acknowledges and respects the jurisdictions of the provinces and territories to strictly regulate all aspects of distribution and consumption to reduce the social and health harms related to the current failed system of cannabis control. I would like to take the opportunity to acknowledge and thank each of the provinces and territories for their excellent collaborative work in bringing forward their respective legislative framework and, in particular, for providing a proportionate and enforceable prohibition for the possession, purchase, and consumption of cannabis for young people under the age of majority that will allow law enforcement to do their job of protecting youth but which will not expose our kids to the harm of a criminal record.

Although the government commends the valuable work done in the other place in conducting a thorough study of Bill C-45, it is our government's view that some of the amendments adopted would not fully support the bill's policy objectives and could have unintended consequences. For example, the other place adopted an amendment that would prohibit prosecution by indictment when an 18-year-old or 19-year-old distributed five grams or less of dried cannabis to a youth that is less than two years younger. The amendment would also allow for tickets to be issued in such circumstances. Finally, this amendment would also allow for a parent or guardian to share cannabis with their 16-year-old or 17-year-old children at home.

Our government has consistently indicated that the proposed cannabis act would not provide a mechanism whereby young persons could legally access cannabis. In fact, we strengthened penalties for adults who provide cannabis to minors or to use it to commit cannabis-related offences. However, the parental exception created by this amendment would essentially serve to create a legal supply channel in the cannabis act for 16-year-olds and 17-year-olds to access cannabis and would allow a parent or guardian to distribute up to 30 grams of dried cannabis to their 16-year-old or 17-year-old children or wards at home. A youth could in turn distribute up to five grams of dried cannabis received from their parent or guardian in the home with other youth outside the home.

Both the parental exception and the elimination of the ability to prosecute by indictment for close-in-age sharing of small amounts would serve to encourage and normalize cannabis use by our youth and is therefore not accepted by our government.

Ultimately, the crown should retain discretion on how to proceed, based on the circumstances before it. By not accepting this amendment, such discretion would be preserved, and where appropriate, the crown could elect to proceed summarily. This amendment goes against the fundamental objective of the bill, and that is why we are unable to support it.

Next, the Senate has recommended an amendment that would require that the minister collect and publicly disclose the names of every holder of a licence or permit, including persons who have control of or shares in corporations holding a licence. In addition to raising significant concerns from a privacy perspective, this amendment would likely engender a number of significant operational challenges.

For example, the inherent volatility of shareholding in publicly traded corporations could make the proposed reporting requirements practically impossible to meet, and could cause extreme delays in licensing. Moreover, it could also impose unprecedented requirements on businesses operating in the legal cannabis industry, making their treatment inconsistent with the treatment of businesses operating in other sectors of the Canadian economy.

The proposed act was carefully designed to ensure that its current provisions comply with privacy and other obligations and that it respects our charter. Our government has robust physical and personal security screening processes in place for the existing cannabis for medical purposes industry, which is designed to guard against infiltration by organized crime. For example, all officers and directors of a company must undergo thorough law enforcement record checks prior to licensing.

As part of a new regulatory framework, Health Canada has proposed to expand the list of individuals who would require a security clearance to include the directors and officers of any controlling company, in addition to those of the licensed company. An amendment to Bill C-45, adopted by the Standing Senate Committee on Social Affairs, Science and Technology, would also give the minister expanded powers in this regard.

We have designed and implemented a rigorous and robust security framework that we believe will prevent organized crime and illegal money from infiltrating the legal cannabis market. For those reasons, we do not support this amendment.

Finally, I turn to the amendment proposed by the Senate with respect to allowing provinces to prohibit personal cultivation. The determination of four plants as an appropriate and reasonable limit to allow Canadians to engage in personal cultivation only for their use was arrived at after very careful consideration through examination of other jurisdictions and consultation across the country by both our task force and our senior officials. It was intended to allow those who may not otherwise have access to this drug, as a result of being from remote communities or perhaps being underprivileged, to have reasonable access. The limitation of four plants was also determined to be a safe limit, whereby the commercialization of that would be highly unlikely, and prevented by other sections in the act, and that any effort to sell that would be criminalized.

At the same time, our government has created an offence for producing more than four plants. However, we also have been very clear that we have acknowledged the provincial jurisdiction to impose strict regulation in relation to personal cultivation. For example, we have acknowledged that any province can place limits on the number of plants up to four and can place restrictions and regulations determining limits on location, safety, security, health concerns, and the size of fences. They can impose a requirement for permits, for example, and fees to be paid.

What we have also recognized is that prohibition does not work, and the effort to continue to enforce a prohibition takes away a province's and a municipality's opportunity to regulate this behaviour. We have seen the failure of prohibition. We have seen it has resulted in an unsafe situation in all of our communities. It has put our kids at risk and enriched organized crime. We believe that by imposing a strict regulatory framework, federally, provincially, and municipally, we will be able to do a much better job of controlling this behaviour to ensure we reduce the social and health harms to our kids, protect our communities, and protect the health of our citizens.

Despite the disagreements we may have on specific amendments, I want to reiterate that based on our extensive study over the last two years, the government is confident that Bill C-45 represents a balanced approach that will help meet our objectives. This is why we believe the amendments proposed in the other place need to be carefully considered, with a view to maintaining that balance and avoid unintended consequences, through the implementation of a new regime.

Where a disagreement exists with respect to a provincial authority, our government is not telling the provinces and territories that they cannot strictly regulate. However, we have also acknowledged that there may be limits to their ability to do that. The government is not saying that the Province of Quebec cannot prohibit personal cultivation. Nor are we prepared to authorize that in our legislation. We recognize that the failure of prohibition should not be perpetuated and continued in the country when we have an opportunity to regulate this substance properly.