Cannabis Act

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 18, 2018 Passed Motion respecting Senate amendments to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Passed 3rd reading and adoption of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 27, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (recommittal to a committee)
Nov. 21, 2017 Passed Concurrence at report stage of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Failed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (report stage amendment)
Nov. 21, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Passed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts
June 8, 2017 Failed 2nd reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (reasoned amendment)
June 6, 2017 Passed Time allocation for Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

Criminal Records ActGovernment Orders

May 6th, 2019 / 4:45 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am a little confused with some of the closing remarks from the member opposite. I do not now know whether the Conservatives support or do not support a pardon or an expungement. It is becoming more and more difficult. I think we are hearing a lot of personal opinions, but Canadians would be interested in hearing the official position of the Conservative Party on this important piece of legislation.

It has been an interesting process, which dates back to the last federal election back in 2015. As members know, the NDP did not support the legalization of cannabis, and the Conservative Party also did not support it. Now, from what I understand, the NDP supports not only the legalization of cannabis but the legalization of everything else, and the Conservative Party would not retract the legislation, which I think is a good thing. My question for the member opposite is related to that.

Over the last few years we have been evolving this progressive social policy. It has been going relatively well, and many would argue that it is going exceptionally well. Would the member not agree that when we look at Bill C-93 and Bill C-45 combined that in fact we are on the right track? Even the opposition critic's personal opinion indicated that she is in favour of a pardon.

Criminal Records ActGovernment Orders

May 6th, 2019 / 4:35 p.m.
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Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, I will be sharing my time with the member for Leeds—Grenville—Thousand Islands and Rideau Lakes.

I would like to go back to the discussion we were just having. My two colleagues who just spoke supported the legalization of cannabis, and the discussion we have had over the last few minutes about these administrative charges was interesting.

When talking to prosecutors about past charges around simple possession, they will tell us that many times people go into court charged with multiple offences, such as perhaps other drug offences or trafficking. Those kinds of things are tied in, and the charges are often pleaded down to simple possession. In that kind of situation, the offender would qualify for the Liberals' proposal; whereas, a teenager from a rural area who is charged and does not have the capacity to get to a court hearing, or who fails to appear and gets this administrative charge, would not qualify for that kind of hearing.

Right from the beginning, we see the unintended consequences of poor legislation, and this is not the only bill where that has happened with the Liberal government. The present Liberal government will be known in the future as the government that brought legislation in without having thought through much of it. When bills come back with 25, 30 or 40 amendments, we know that the government has not done its job with respect to preparation.

We have seen that all over the place. We have seen it with respect to a million different issues. We are seeing it at home right now in my area, on the canola issue. We found out early on that the Chinese government wanted us to do something about tariffs on steel, and our government refused to do that. It was more interested in kowtowing to the Chinese government than dealing with our biggest trading partner, the United States. As a result of not moving on it, we ended up with tariffs. Now we have further tariffs on canola. We have tariffs on pork. We have these tariffs because the government does not consider what it is doing. It does not take into account the consequences of its activities, and then we see all kinds of secondary effects. This legislation, when I get around to talking about it, indicates that as well.

We see it on carbon taxes and other taxes imposed by the Liberal government. It has had the highest impact on Canadian people with the least effect of any type of carbon program that one could put in place.

Aboriginal affairs would be another good example. We heard this afternoon about the fact that the government failed to consult the aboriginal community with respect to another bill. The government has not asked the aboriginal community what is best for its people. The Liberals claim that the majority of people who would be impacted by that legislation are aboriginal and those with a very low income, but they have not asked them what would work for them. Often aboriginal peoples do not have access to urban centres or easy access to the Internet and those kinds of things, and the Liberals do not ask them what would work for them. Instead, they come with a plan that for many people would not work.

With respect to aboriginal affairs, the Liberals have divided communities. Many bands want to participate in the energy projects in our part of the world. They want to have a part of the prosperity that comes out of energy projects, and the government has basically divided those communities. That seems to be what the Liberal government does most effectively.

The government talked about having consultations on this legislation, but it failed to do that. It also claimed to have had consultations at its firearms meetings in the last few months. It set the meetings up to make them work as well as possible for itself, but that did not quite turn out. There were 135,000 online responses, and basically it was 75% to 80% opposed to the government making a move and changing things. I guess the government did not anticipate that, but that was the reality of the Canadian population. Once again, the Liberals misread it.

We see unintended consequences around energy disasters such as the purchase of the Trans Mountain pipeline. There was no need to do that.

Probably the place where we have seen the most obvious set of unintended consequences is around financial management. We have seen those folks just blow through people's tax money.

It was interesting. Last week, we were talking about the budget implementation bill. The deputy House leader, at every point, talked about the public purse. However, rarely did he talk about taxpayers and the fact that there is only one place that the government gets money, and that is out of the pocket of the taxpayers of Canada.

On each of these things, whether it is budgets that are running deficits that are two and three times what were promised, or the Trans Mountain pipeline, a pipeline that no one wanted to sell and no one wanted to buy, the government has not thought about taxpayers. The proponents themselves were willing to spend the money on the project. However, now we have Canadian taxpayers who have dived into it to the tune of about $5 billion so far. If the government is going to get the project done, it will be another $10 billion. The government has committed that kind of money to it without even thinking about taxpayers.

The Liberal government has also failed to spend its infrastructure money fairly and equally.

Another area where there has been unintended consequences, probably one of the most obvious ones, was the summer jobs program. The Liberals completely misread Canadians, trying to force them to follow the Liberal ideology. Anyone who had a different perspective from the government was then pushed to the outside.

I would argue that we are back here again. We have the late introduction of Bill C-93. It looks more like a public relations project than anything else. Again, this follows in the footsteps of Bill C-45 and Bill C-46, bills that the Liberals passed without an understanding of many of the consequences of what they were doing. I was not one of the people who supported those two bills.

The Liberals find themselves in a situation right now where they do not have the capacity to meet the demand. They did not prepare for that. They do not have capacity to set a realistic price. Those folks who are happily selling on the private market are doing just fine, in spite of the government's attempt to try to stop that.

The messaging across the way has been that the government is going to keep this out of the hands of people who should not have it. When I am talking to junior high-school students, for example, they are telling me that this is more accessible to them than it has ever been in their lives.

There is certainly no solution at the border either. I heard Liberal members say earlier today that they have had discussions and this is not going to be a problem for Canadians. We know full well that it is. We have a small crossing near my home. I went down to Montana a couple of weeks ago, to the post office down there, and came back. U.S. Customs agents are now stopping Canadians on the U.S. side of the border before we come into Canada.

As members know, people stop at the U.S. side on the way down, and when they come back, typically they drive to the Canadian side and then out. They are now stopping everyone prior to being allowed to exit to Canada. I asked why they were doing this, and I was told that they have direction from on high. I asked when it happened and was told that, coincidentally, when Canada legalized cannabis. There is another problem here that the Liberals never thought of at all.

I have another thing I want to talk about today as I am wrapping up. It seems like time flies very quickly here. We have talked a lot about the difference between pardons and expungement, and those kinds of things. The government has made its choice; others have very different ideas.

One of the things I want to bring up goes back to the taxpayers. There is a bill here of somewhere between zero and $600 million to do this process. I have a question as to why the taxpayers should be stuck with this bill one more time. The government seems comfortable spending everyone else's money.

This morning, we heard a Liberal member talking about his friend who, when he graduated from university, could not get a job at 7-11, but now he is a public servant. He is a public servant and is probably doing really well. Why should the folks who are now working at 7-11 be expected to pay for his pardon or expungement, whichever direction the Liberal government finally goes in with this legislation?

We have gone so far away from considering where money comes from. The government takes it out of the pockets of average people and does not think a thing about it. We have a situation here where people have broken the law, and they typically broke it knowing what the law was and that if they got caught there was going to be a punishment.

The law is now changed, and I do not have any problem with people getting pardons or expungement of these records. The question is, why should the taxpayers, those folks who are working for an hourly wage, be expected to then pay that bill?

I suspect that this is going to be much less successful than the Liberals said it will be. I was surprised a little earlier when one of my NDP colleagues talked about the pardons that have been made available to the gay and lesbian community. He said that only seven people so far have applied to the process. That probably means the process is too complicated for people to be bothered with and people have not done that.

Today I have heard figures that 10,000 people will apply, that there are 200,000, up to 400,000, who will be impacted by this. My question to the government today would be, why does it expect that the taxpayers of Canada would once more pick up the cost for a government bill that has a number of unintended consequences that were not considered ahead of time?

Criminal Records ActGovernment Orders

May 6th, 2019 / 4:25 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, in the last election, the Prime Minister, then only leader of the Liberal Party, indicated that we would move forward with the legalization of cannabis. Through Bill C-93 and C-45, proposed a few years after we were elected, we are fulfilling a commitment we made in the last election. I see that as a good thing.

I believe Canadians consider this a major change in public policy. It is a significant change. There have been relatively few bumps since its implementation. It has gone over relatively well.

Does the member not believe that we should be giving a gold star to the civil servants who assisted in getting us where we are today?

Criminal Records ActGovernment Orders

May 6th, 2019 / 4:05 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I voted for Bill C-45. I think that is pretty simple for the member to understand.

However, while the Liberals continue to try to relitigate the last election, I am standing in this House saying that what they could be doing is expunging records for indigenous Canadians, black Canadians and young Canadians, in places like Halifax, Toronto and Regina, who are disproportionately affected by these absurd criminal records for something that is now legal.

New Democrats, both in the House and at committee, proposed to expunge criminal records for simple cannabis possession. With no offence to my colleagues to the right of me, I am sad to say that more Conservatives than Liberals voted for the bill that we proposed. While that member may want to live in 2015, I am fighting for those individuals who just want to get jobs and move on with their lives and not live with a black mark on their file because the government could not think on a bigger scale and more outside the box than what it is doing here today.

Criminal Records ActGovernment Orders

May 6th, 2019 / 3:35 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I am going to need some time to fact check all the erroneous things that the member said.

First of all, the leader of the NDP, the member for Burnaby South, like health officials in Montreal, Toronto and Vancouver, wants to decriminalize drugs, recognizing that these are dangerous substances, but also recognizing, as we would have hoped the government would, but it does not, that these are now public health issues.

I want to walk the member through the NDP's position, since he seems to have had some trouble understanding it. The NDP advocated for decriminalization in the lead-up to legalization. Why? We understood that it would be a complicated process. We were right, because the government threw provinces under the bus while trying to get this process going.

That being said, the NDP supported Bill C-45, supported legalization, and through that whole process asked government members why they would not decriminalize simple possession of cannabis, as Canadians continue to be taxed with criminal records. These are young Canadians, vulnerable Canadians, racialized Canadians.

What do we have now? We have an eleventh-hour, half-baked, no pun intended, solution. Despite what the member thinks he is telling us to look forward to at committee, we are already at committee studying this bill before it is even out of the House. It is getting eviscerated by officials who cannot tell us where the numbers are that the member is quoting from, with the Minister of Border Security who said that this is a great injustice, and if we consider it a great injustice, maybe we should go toward expungement.

The member would also know that lawyers have come before the committee to speak about expungement. Please stop saying “pardon”, because the government did not respect its promise to change a record suspension back into a pardon. A pardon means something else in the United States, so a pardon and expungement are equally worthless at the border.

Does anyone know what one can do in Canada with a pardon or record suspension? Potential employers can ask if people have a criminal record for which they have obtained a record suspension. People have to say “yes”. With an expungement, they do not have to, so if they are racialized or vulnerable Canadians who want to get a job, expungement is the way to go. That is why witnesses at committee are telling us that it is the solution. That is why the member should get on board and stop believing his own hot air about this issue which the government has dropped since day one.

Criminal Records ActGovernment Orders

May 6th, 2019 / 3:15 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, a member across the way just said that is correct. Even the Conservative Party has recognized that the idea the Liberals had back when we were the third party is solid and progressive, and one that is necessary at this stage.

Indirectly, on behalf of the government and Liberal caucus members, I would like to thank members of the Conservative Party and the NDP for recognizing that we have brought forward sound legislation. I would encourage them to continue to follow the direction that we continue to provide on this very important topic.

Bill C-93 would allow for pardons. Pardons are the best way to deal with the issues facing about 250,000 Canadians. I think that is the number.

All we are talking about is simple possession, not possession and other issues, but simple possession of cannabis. What can we do to assist those individuals who have a criminal record based on simple possession of cannabis? The government's response is to issue a pardon and ensure that the finances are not going to be a part of the issue so that anyone who has a simple possession of cannabis conviction will in fact be able to get that pardon if that is what he or she would like to see happen.

I am encouraged because the critic from the Conservative Party indicated that her personal position is favourable to what the Liberals are suggesting, which is a pardon. However, there have been some speakers in the Conservative Party who are saying that they are not convinced as of yet, but at least they are approaching it with an open mind on whether it should be expungement or a pardon. I suspect that once this bill gets to committee and they hear follow-up information, the Conservative Party will see the value in the recommendation that has been provided by science, experts and the department, which will clearly demonstrate that in fact a pardon is the best way to go.

I do not know about my New Democratic friends. I am not sure where they will go on this issue. They always try to come up with something different, something unique. They seem to be on the expungement bandwagon, even though we have come up with an explanation as to why it would not do what is necessary for us to advance this further. They do not want to talk about that. If we listen to the New Democrats, we would think it is absolutely unanimous throughout the country that it has to be expungement and that the government does not necessarily know what it is talking about. I would highly recommend that we do not listen to New Democrats in the House.

The best example I can give is that of a constituent crossing the border into the U.S. What are we telling people when we say that their record has been expunged? We are saying that the act they went to court for, were convicted of and got a criminal record for never existed. Therefore, when a U.S. border agent asks them if they were ever prosecuted and had a criminal offence dealing with cannabis, they might say no. Why? The government said that the record was expunged. That could lead to all sorts of problems for an individual. A pardon does not do what an expungement does. Millions of Canadians travel to the U.S. A pardon would allow a constituent the opportunity to go to the U.S., and the individual is not going to be misinformed. This is just one of the more blatant examples that I can provide.

Of the 250,000 people we are talking about, it is expected that about 10,000 or so will go through this pardon process. In the questions and comments from across the way, members are asking why it is 10,000 and what happens if there are more than 10,000.

Our civil service is one of the best of any country in the world. We have professional civil servants who have a very good understanding of our systems. I would suggest that the numbers that are being provided are not just coming out of the dark. The numbers come from individuals we have entrusted. If the number is higher or lower than 10,000, the government will adjust, but the predicted number is around 10,000. We have the flexibility to make the adjustment, if it is necessary.

The idea of providing a pardon is of great value to Canadians and to society. People do get themselves into situations. Someone will be found in possession, but by pure luck another individual who also is in possession is not found to be in possession. The individual found to be in possession gets a criminal record. That does not mean the individual is worse than the thousands of others that were never found guilty of possession.

Many would argue that the consequences are unfortunate. We have listened to many speeches as this has been going on for the last couple of years. We often hear of individuals not being able to get a job because they have a criminal record based on the simple possession of cannabis. As a parliamentarian, I find that is a hard thing to ignore and not do anything about.

This legislation is good for Canadian society, especially now when we recognize that when we passed Bill C-45, the legalization of cannabis legislation, it only makes sense that we do what we can in regard to those who were found guilty of simple possession to enable them to dispose of that record via a pardon process.

Once this legislation is passed, thousands of Canadians in all regions of our country will apply to get their criminal record pardoned. This will assist many of those individuals in applying for a job or performing charity work. Canada is very dependent on volunteers. There are many ways society can benefit, such as an individual having a job and being able to participate more fully. These are the types of things we are going to witness. All one has to do is talk to some of those individuals. There are plenty of them, a quarter of a million of them. That is a lot of people. These individuals will directly benefit and there are many more that will realize an indirect benefit.

One of the things that is really important from the government's perspective, and even from a member of Parliament's perspective, is that we have to work towards making our communities safer for all of us. Individuals should feel safe in the communities in which they live. They should feel safe walking on the sidewalks in their neighbourhoods. They should feel safe being a part of their community and not be scared to walk down the street. We need to look at ways to reduce the amount of crime in our communities.

I was pleased when the minister responsible for crime reduction came to Winnipeg North and joined me on Selkirk Avenue, where we met with James, a fellow from the Bear Clan Patrol and one of the board members. We were able to check out a bit of Selkirk Avenue. The minister used to be the chief of police for the city of Toronto.

We understand how important it is that we strive to have less crime on our streets. With Bill C-93, working along with Bill C-45 and the legalization of cannabis, at the end of the day there is going to be less crime in our communities. These are the types of actions that are important for us to act on.

Today we have a second bill on a very important issue, an issue that we made a promise about in 2015. We are fulfilling yet another commitment to Canadians.

Criminal Records ActGovernment Orders

May 6th, 2019 / 1:35 p.m.
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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, as had been noted earlier in debate today on this topic, the legalization of marijuana may well be the only election promise that the government has successfully kept, as we get to the very end of this Parliament. That bill, even then, took longer than the Liberals' promised deadlines for which it was to take place.

There are still a number of loose ends to this that were not properly contemplated under Bill C-45 and Bill C-46. I would ask the member for Sherwood Park—Fort Saskatchewan if he would like to comment on the late hour, literally down to the final weeks of this Parliament, still trying to deal with the sloppiness of the entire legalization rollout?

Criminal Records ActGovernment Orders

May 6th, 2019 / 1:10 p.m.
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Vaudreuil—Soulanges Québec

Liberal

Peter Schiefke LiberalParliamentary Secretary to the Prime Minister (Youth) and to the Minister of Border Security and Organized Crime Reduction

Madam Speaker, I am pleased to participate in the debate on Bill C-93 at second reading.

This bill will make things fairer for Canadians and their families. There was an ineffective prohibition of cannabis for far too long and, as a result, many Canadians ended up with a criminal record after being convicted of simple possession of cannabis.

Criminal records can make it hard for people to get jobs, find housing or even volunteer in their communities. The associated stigma can create the impression that the individual is a criminal who has nothing to offer Canadian society.

Criminal records are obviously necessary in the context of public safety. However, they can run counter to their objective when they prevent people who do not represent a danger from actively participating in society. This is particularly true when the activity for which the individual was convicted is no longer illegal and when the members of certain communities are disproportionately affected.

That is why our government has introduced Bill C-93, which would streamline the process for getting a pardon, also known as a record suspension, by waiving the waiting period and the application fee.

That is why our government has introduced Bill C-93, which would streamline the process for getting a pardon, also known as a record suspension, by waiving the waiting period and the application fee. The waiting period for people convicted of cannabis possession is generally five years, although it can be as high as 10 years. With Bill C-93, applicants would be immediately eligible. There would also be no application fee, which has been $631 since 2012.

On top of that, usual criteria like determining whether people have been of good conduct and whether a pardon would bring them a measurable benefit would also be waived. On top of that, the Parole Board would take additional steps, like simplifying application forms and doing community outreach, all with the goal of allowing people with past convictions for cannabis possession to clear their records and move on with their lives as quickly and easily as possible.

This is one of the final chapters in the unfortunate story of cannabis prohibition in Canada that goes back almost a century. It has involved billions of dollars wasted in enforcing an ineffective legal regime, and many more billions lining the pockets of organized crime. In spite of prohibition, Canadian youth became some of the heavier users of cannabis in the world. Some of them, especially members of marginalized communities, became saddled with criminal records that severely limited their educational and economic opportunities.

Because of the many different courts and police services in cities and town and rural communities all across our country, each with its own archives of convictions that go back decades, we do not know the exact number of Canadians with simple possession charges on their records. However, we do know that a simplified pardons process with no waiting period or application fee would make it easier for people to get the pardons they need to finally turn the page.

During the last election, we committed to ending the ineffective and counterproductive prohibition of cannabis. The NDP, on the other hand, wanted to maintain the prohibition of cannabis, with a decriminalization system that would have seen police issuing fines to people in marginalized and low-income communities.

As for the Conservatives, they still think that people who possess a small amount of cannabis for personal use should be thrown in jail.

Canadians gave us the opportunity to enact our proposal last October, and we did exactly that. With the coming into force of Bill C-45, we put in place a system of legal, strictly regulated cannabis production and distribution, designed to keep cannabis out of the hands of Canadian youth and to keep profits out of the hands of criminals.

With the coming into force of Bill C-45, we implemented a production and distribution system for legal cannabis that is rigorously regulated and designed to keep cannabis out of the hands of youth and to take the profit out of the hands of organized crime. At that time, the government announced that it intended to provide recourse for individuals who had been convicted of simple possession of cannabis only.

Once again, we have delivered on our commitment. Providing no-cost, expedited record suspensions is effective. Criminal records of pardoned individuals are sealed and segregated. Background checks by prospective employers or landlords would yield no results, as would a search of the Canadian police database.

The effect of a pardon is fully recognized and protected under the Canadian Human Rights Act, which forbids discrimination based on a pardoned conviction. Similar protections already exist in several provinces and territories.

Waiving the waiting period and application fee are unprecedented measures. By doing so, we would be removing the major obstacles in the path of Canadians seeking to lift the stigma and burden of a criminal record for possession of cannabis, allowing them to participate fully in society.

We cannot go back in time and give them the opportunities they have lost, but we can give them a way of moving forward. When people fully reintegrate into Canadian society by going to school, getting jobs and generally participating in community life, we are all better off.

Now that a legal framework is in place, it is in our collective interest to allow people with criminal records for cannabis convictions to wipe the slate clean of records imposed under the former system.

Bill C-93 does that. I strongly support Bill C-93 and I encourage all my colleagues to support it.

Criminal Records ActGovernment Orders

May 6th, 2019 / 12:55 p.m.
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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I thank my Liberal colleague for his question.

It is a good thing our vision differs from the Liberals'. We voted against legalizing marijuana and it is now legal. That said, Bill C-93 highlights the bill's shortcomings.

The government was improvising, and Bill C-45, its marijuana legalization bill, was rushed through Parliament. It did not have unanimous support. With this bill you told the provinces that they would have to figure things out. We will have to work together on Bill C-93.

I was indeed against the legalization of marijuana. If the government wants this bill to pass unanimously, we are going to have to review it carefully, because it creates a large number of inequalities, and I do not like inequality.

Criminal Records ActGovernment Orders

May 6th, 2019 / 12:45 p.m.
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Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I am pleased to rise today in the House to speak to Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

This bill follows on Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts, which has been in force since October 17, 2018. Bill C-93 seeks to make changes to the pardon process and provide no-cost record suspensions for Canadians found guilty of simple possession of cannabis in the past. It also seeks to help Canadians who were convicted of using a drug that is now legal, since they will no longer have to go through the usual waiting period or pay the fees associated having their record suspended.

For this type of application, an offender would usually have to wait between five and ten years, depending on the conviction, after serving the sentence to obtain a pardon. Furthermore, the cost of the application is $631. The measure introduced by Bill C-94 would amend the Criminal Records Act and makes reference to the Controlled Drugs and Substances Act, the Narcotic Control Act and the National Defence Act. It goes without saying that this new legislative measure must be properly drafted or else it could potentially mislead many Canadians who could one day avail themselves of it.

For example, if this legislative measure were adopted as written in Bill C-93, the administrative costs would be grossly underestimated. Also, it would result in criminal information about offenders being maintained and remaining available, as in the case of pardons granted in a system parallel to that of the RCMP. This information would be available to foreign police services. This would allow U.S. customs officers, for example, to bar a Canadian convicted of simple possession of marijuana from entering the United States.

If a criminal record is not completely erased, it can have a life-long impact. This is counter to the purpose of the bill to ensure that all Canadians who have been convicted and have a criminal record will be able to travel to the United States without any problems.

My speech on this bill will focus primarily on one topic that is very important to all Canadians, specifically the sound management of public funds, which has never been the hallmark of a Liberal government. The Liberals have always been champions of debt. I think that the current government is a perfect example of that, here in the House. Accordingly, it is only responsible and even advisable to ask such important questions about Canadian taxpayers' hard-earned money.

I have a serious concern about how much Bill C-93 will really cost. Based on our estimates, it could cost $315 million. The minister and his officials have said that it would cost around $2.5 million, because they expect that just 10,000 of the 250,000 eligible Canadians who have been convicted of one sole possession offence will apply.

Since we are talking about estimates, let us recall the boondoggle created by a Liberal government with the implementation of the national firearms registry in 1995. Let's talk about Liberal spending estimates.

I would like to remind members about how much the Liberals estimated it would cost to set up the infamous registry. At the time, it was supposed to cost $2 million. Do my colleagues remember how much the implementation of this very expensive and useless Liberal registry ended up costing? Surprise, it cost an estimated $2 billion. That is a far cry from the $2 million projected. So we can put this in proper context, I will say this: the cost was nearly 1,000 times the initial estimate. The Liberals are clearly not very good at estimates. In fact, I would say that they are the worst.

My concern, which is very justified and shared by many colleagues and taxpayers, makes it hard for me to believe the government's estimate of $2.5 million. It is obvious to anyone who has read the bill that even the government is not sure about this amount. Considering the significant bureaucratic effort required to analyze, validate and confirm the profile of each applicant, we are convinced that the Liberal government's cost estimates are well off the mark.

It is only natural for Canadians to find the government estimates set out in this bill rather dubious. It is important to remember that the Liberals promised to balance the budget in 2019. However, the only thing members will remember about the Liberals' legacy to our children and grandchildren is another $90 billion in debt. How long will it take us to pay that back? It will take at least 25 years. So much for the Liberals' estimates.

Given the painfully obvious past and present failures of Liberal governments as well as the government's claims that middle-class Canadians are its priority, I have to say that making the middle class bear the tax burden of this measure, the cost of which the government has obviously once again under-estimated, is unfair to honest people who have never had a criminal record and likely never will. Canadians work hard to earn a decent living to feed and house their families and to try to give them a decent education so that their generation will be richer than ours.

I will find it very difficult to support this bill if significant amendments are not made to ensure that justice is served for honest taxpayers and for the offenders who would benefit from a privilege paid for by said taxpayers.

I agree with expedited record suspensions for simple possession in principle, but we need to consider the cost. Canadian taxpayers deserve the truth when it comes to their money. I will always stand up for their right to demand transparency and accountability in the government's management of public funds. Once again, that does not seem to be the case with this bill.

There are so many problems with this legislation I hardly know where to start. The only way to make it worthwhile is to sit down together and go through it in detail to make sure Canadian taxpayers are treated fairly and are not made to foot the bill. Normally, pardons come at a cost, but these will be handed out for free. We need to look at all the ins and outs of this bill to make sure it is fair to everyone, and, most importantly, to make sure the government's numbers are accurate and costs will not end up ballooning like they did with the gun registry.

Criminal Records ActGovernment Orders

May 6th, 2019 / 12:40 p.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I wholeheartedly agree with the comment made by the hon. member for Calgary Rocky Ridge.

Wherever one stands on the issue of legalization, it is very clear that, from the start, the Liberal government completely bungled the implementation and enforcement of legalization legislation. On that basis alone, I was against Bill C-45 and Bill C-46, which contains a number of provisions.

Quite frankly, this issue should have been part of the legalization bill. It should have been part and parcel with the legalization bill. Instead, we are left in a situation where we have a flawed half measure that very likely may not make it through this Parliament. It is another example of the failure of leadership on the part of the government.

April 29th, 2019 / 3:50 p.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

As I recall, Mr. Paul-Hus, the consultation was responsive. In other words, once Bill C-45 was enacted.... Indeed, for a number of months before it finished its parliamentary course and became law, there were large numbers of Canadians—in the general public, in the media, a good many members of Parliament and it came up in question period—who were making the case that upon the change of the legal regime in Bill C-45 the issue of criminal records needed to be dealt with.

Therefore, in the course of our work on Bill C-45, we began considering the alternatives for how you could respond to the criminal records issue in a way that was fair and equitable, effective and efficient. It was really in response to what appeared to be a very broad public consensus. We brought forward the legislation. It would seem to be contradictory to change the law in Bill C-45 but not deal with the issue of previously existing records. That was the very broad public comment that we responded to.

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April 8th, 2019 / 12:55 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I thank my colleague.

I am trying to understand her question, but, as far as I know, legalization has not helped mental health. According to reports and comments we have been getting from medical professionals, some mental health problems are related to cannabis consumption.

As I said in my speech, people can now buy cannabis legally, but the black market is still flourishing and continues to supply cannabis to young people. Cannabis does not even make people bat an eyelid now. During our earliest speeches on Bill C-45, we said that legalization would make people think of cannabis consumption as no big deal, and that is exactly what is happening.

The goal was to implement measures to ensure that young people would not use it or would use it only once they reached legal age. That is not what we are seeing. With respect to mental health, I would encourage my colleague to check with the Minister of Health, who I am sure has more up-to-date information than I. What I have been hearing is that the situation has not improved.

Criminal Records ActGovernment Orders

April 8th, 2019 / 12:35 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I am here today to talk about Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

The first thing I want to tell the government is that we think this is pretty reasonable, but there are “buts”. We think most Canadians are okay with erasing records for simple possession of cannabis. We agree on that, especially when it comes to young people. A lot of young people get caught when they are just trying marijuana. They might be in a park, the police happen to be there, and they end up with a record for something that is really just a youthful indiscretion.

Of course, there are also adults who have tried marijuana or used it while it was illegal. After he was elected, our own Prime Minister admitted to smoking cannabis while it was still illegal. As we see it, that is not very good, considering what one represents once one is elected and becomes a federal MP and then the Prime Minister. Still, he admitted to smoking while it was illegal. That is not a good example to set for Canadians.

However, we understand that for younger people, minors or youth, this can fall under the category of youthful mistakes. What we are accepting with Bill C-93 is the clearing of the criminal records of people who were convicted of simple possession once in their lives. We are not talking about people who were caught many times, like 200 or 300 times, or people who have a criminal history or other offences on their criminal records. In the case of a one-time conviction for simple possession, we can accept that it was a mistake and grant a pardon.

Although we are prepared to support the idea of Bill C-93 at second reading, we would need to study the bill in detail in committee, because much of it is unclear. There is no preamble and no clear explanation of the goals of the bill or who could benefit from it and why. That is why the committee study will be important. It will be vital to dig into the details and get down to the nitty-gritty to figure out what is not being said. It is often the unspoken elements that require clarification.

Let us talk about the costs involved, for example. It is estimated that about 500,000 Canadians have criminal records for simple possession. The cost of applying for a pardon is a little over $600. If you multiply those numbers, it comes to $315 million, so that is how much would normally be paid by those taxpayers who have a criminal record. The government wants to make it free. This means that Government of Canada resources will be used to process the files of these individuals, who would normally have to pay for it themselves. If they were paying, that would cover the cost of processing these records, which amounts to roughly $315 million. That is not insignificant. We in the Conservative Party are wondering why other taxpayers should have to pay indirectly for these individuals to apply for a pardon.

It is typical of the Liberal government to believe that money is no object. The Liberals never consider taxpayers, who pay a lot of money in taxes. They never say “no”, and they throw money around left, right and centre. We have been watching them do this for the past three and a half years. This comes as no surprise. To us Conservatives, however, these are important considerations.

I want to come back to Bill C-45, which is one of the things that led to Bill C-93 currently before the House. Bill C-45 is the notorious marijuana legalization bill, which was introduced in a hurry to fulfill an election promise. However, it raised a great many questions that have never been answered. The government says it consulted experts and received information. We know that is completely false—or perhaps its did not really listen to the feedback given in those consultations. Police forces had all kinds of concerns, as did the medical community. Issues were raised but were never taken into consideration. Landlords also had questions about cultivation and use inside apartment buildings. Those issues were never resolved, and this creates uncertainty.

Given the way Bill C-45 was passed and expedited in order to fulfill the famous election promise and pander to young voters who voted Liberal because of it, we think that there will always be questions, especially since the government did not want to listen to law enforcement and doctors, among others. Even if I started out by saying that we are prepared to support Bill C-93, we must still thoroughly examine this bill, because we do not want the Liberals to pull a fast one, as the expression goes.

First of all, the legalization of marijuana was supposed to reduce the proceeds of organized crime. The parliamentary secretary spoke about it in his speech. Sales of marijuana alone by organized crime are estimated at $7 billion. The Liberals said they were legalizing marijuana to take this money out of the pockets of organized crime and put it in the government's coffers. However, this was a false argument and a public relations exercise. We know that organized crime continues to sell marijuana. It even copied the labelling of products sold in legal stores in developing its packaging. This law did not stop organized crime from continuing to do business.

Furthermore, since it is now legal, no one is afraid of getting arrested, which is kind of odd. People are still using illegal drugs and organized crime continues to profit. The concerns we raised while we were debating Bill C-45 have now proven to be valid.

Again, we do support the spirit of the bill, but we want to study the bill in committee to be sure that the final version is very clear. This is my first term as a member of Parliament, but I have been learning quickly. I learned rather quickly that the Prime Minister is not to be trusted. Recent events are proof of that. The Prime Minister raised a lot of hopes, but the promises turned out to be snake oil. He made promises to everyone, but at the end of the day, we now know they meant nothing. He claimed to be a feminist. He said that the status of women was important and that he would make it a focus of debate as much as possible. Everyone knows what he did with the three female MPs who now sit as independents.

The Prime Minister also mocked Stephen Harper, saying he did not take the needs of indigenous people into consideration. He said that he cared about indigenous people and he was going to fix the situation. Last week, however, we saw young indigenous women turn their backs on our Prime Minister here in the House. Indigenous communities in Canada heard all the lofty promises that were made, but the Prime Minister kept breaking those promises.

Getting back to the legalization of marijuana, I would remind the House that the Prime Minister was in such a hurry to fulfill his election promise that he did not listen to the municipalities, law enforcement, employers and scientists. The Conservatives are often accused of not believing in science, but the first to ignore scientists were this Liberal Prime Minister and his team. They keep shaking their heads, but they ignored scientists from across Canada regarding the problems associated with marijuana.

The government also promised to create a legal framework for derivative products and set standards for the sale of edibles and concentrates such as hashish within 12 months of legalizing marijuana. That was six months ago, and we still have not seen a plan to make that happen. This is yet another unfulfilled promise, and seeing as this session is about to end, it will probably be another broken promise.

It is easy to see why the majority of Canadians feel betrayed by this Liberal government. Much like Obama, the Prime Minister made a lot of noise but over-promised and under-delivered. All too often, we have heard the Liberals downplay the dangers of marijuana, and now that they have legalized it, future generations will think cannabis consumption is no big deal. Even my own children are now saying that it is legal and smoking it just to try it out is fine. That is not how it works though. It may be legal, but it is still very dangerous. Young people need to understand that it is hazardous to their health, not a harmless consumer product.

Experts say it is especially dangerous for young people, and everyone agrees.

In a Globe and Mail article published in April 2017, the Canadian Medical Association, the Canadian Psychiatric Association, the Canadian Paediatric Society and other organizations representing front-line health care providers express their concerns about the ill effects of cannabis, especially for chronic smokers under the age of 25.

In this article, the experts say to please keep the public health focus front of mind as this legislation is unrolled. That is a direct quote from Dr. Gail Beck, the clinical director of youth psychiatry at the Royal Ottawa Hospital. She also says that lots of people think this is harmless.

I would like to read out this article to show the House that cannabis consumption really does have consequences. These are the words of experts, not politicians. The experts quoted in this article say that the medical profession in this country has long had misgivings about medicinal marijuana, namely that there is not enough solid evidence of pot's efficacy in treating chronic pain and other ailments to warrant a doctor's endorsement. However, with the advent of legal recreational marijuana, doctors have a different set of worries.

A major concern is the potential for marijuana addiction, in particular among teens and young adults. Christina Grant, a professor of pediatrics at McMaster University in Hamilton, says that one in seven adolescents who start using cannabis will develop a cannabis use disorder, which is significant.

Dr. Grant, a principal author at the Canadian Pediatric Society, released a statement last fall, saying that cannabis use crosses over into disorder territory when it begins to cause dysfunction in users' day-to-day lives, derailing their commitment to school or work and sowing conflict in their families.

Cannabis has also been associated with certain mental illnesses. We still do not know how the medication, depression and anxiety all connect. Science has not yet established a cause and effect relationship between the two. In other words, we cannot be certain whether people smoke cannabis because they are depressed and anxious or if they are depressed and anxious because they smoke cannabis.

Dr. Beck says there is stronger evidence that heavy use of cannabis can lead to psychosis, especially among people who have a family history of mental illness. However, the vast majority of the research involved people who use cannabis daily. The scientific literature is virtually silent on the mental health effects of occasional use.

Dr. Grant noted that we do not know the lower limit that is safe and there is no evidence to suggest that nothing will happen if a person uses cannabis once or twice.

There is good evidence that teens who smoke pot frequently suffer long-lasting damage to their still immature brains, including problems with memory, attention and executive functioning. Dr. Grant added that, for teenagers who use cannabis regularly, there are actually structural changes that are visible on MRI. She adds that certain areas of the brain are visibly smaller, there is thinning of a part of the brain called the cortex, which is very important in terms of thinking and planning and organizing.

The adult brain appears capable of recovering from chronic pot use in a few weeks. According to Dr. Beck, that is not what happens in young people. Citing concerns about the adolescent brain, the Canadian Medical Association, which represents the country's physicians, last year urged the federal government to ban the sale of marijuana to people under the age of 21 and to restrict the amount and potency of the drug available to those younger than 25.

Most of the health concerns associated with cannabis apply to heavy users. However, occasional tokers can wreak havoc if they get behind the wheel while high. For an occasional user to consume some pot and then get behind the wheel is a recipe for disaster.

According to Amy Porath, director of research and policy for the Canadian Centre on Substance Abuse, cannabis impairs our ability to safely drive a vehicle. It impairs our reaction time, our ability to multitask and to pay attention. Police across the country are currently piloting a roadside saliva test to see if it adequately detects cannabis-impaired drivers.

Whether it is tobacco or cannabis, Dr. Porath said, there are concerns with smoking anything. Smoking can cause coughing, wheezing, sore throat and tightness in the chest. It can also aggravate asthma.

That article was published before marijuana was legalized. Major concerns were raised in this 2017 Globe and Mail article, which looks at the problems with marijuana.

I am bringing it up again and members may be wondering why I am talking about this. It all comes back to the basic concept, which is the way marijuana was legalized. The government completely ignored experts, scientists and police officers. It completely ignored the proposals that the opposition made in committee. It also completely ignored the work of the Senate. Senators proposed a lot of amendments but the Liberals rejected all of them, just like they rejected the proposals of the official opposition.

That is why we are prepared to say that Bill C-93 might make sense. Given the way the government works, we would never go so far as to say that the bill is extraordinary and that we will vote in favour of it without any debate. That would be impossible because there are always grey areas, things that are unclear.

The Liberals know what they want. They have a course of action and a way of doing things. As for us, our duty is to examine the issues, ask the right questions and propose any necessary amendments.

We are therefore prepared to support Bill C-93 at second reading. However, it needs to be reworked in committee, and I hope that the government will listen to and understand the amendments that will be proposed. I am sure that the NDP will also propose amendments.

Unfortunately, we do not have enough information to immediately pass the bill in its current form. We need to go a little further, to dig a little deeper. After the committee does its work and the Liberal government makes some decisions, we will decide how to move forward. At this point, we have some doubts. We will see what happens, and then we will respond accordingly.

Criminal Records ActGovernment Orders

April 8th, 2019 / 12:30 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, in her speech, the Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness said that the purpose of Bill C-45 was to keep some $7 billion out of the pockets of organized crime.

Does she know whether organized crime revenues have dropped or, instead, stayed the same?