An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to 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.

Part 1 amends the provisions of the Criminal Code that deal with offences and procedures relating to drug-impaired driving. Among other things, the amendments
(a) enact new criminal offences for driving with a blood drug concentration that is equal to or higher than the permitted concentration;
(b) authorize the Governor in Council to establish blood drug concentrations; and
(c) authorize peace officers who suspect a driver has a drug in their body to demand that the driver provide a sample of a bodily substance for analysis by drug screening equipment that is approved by the Attorney General of Canada.
Part 2 repeals the provisions of the Criminal Code that deal with offences and procedures relating to conveyances, including those provisions enacted by Part 1, and replaces them with provisions in a new Part of the Criminal Code that, among other things,
(a) re-enact and modernize offences and procedures relating to conveyances;
(b) authorize mandatory roadside screening for alcohol;
(c) establish the requirements to prove a person’s blood alcohol concentration; and
(d) increase certain maximum penalties and certain minimum fines.
Part 3 contains coordinating amendments and the coming into force provision.

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

Oct. 31, 2017 Passed 3rd reading and adoption of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts
Oct. 25, 2017 Passed Concurrence at report stage of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts
Oct. 25, 2017 Failed Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (report stage amendment)

Criminal CodeGovernment Orders

May 31st, 2017 / 8:45 p.m.
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Whitby Ontario

Liberal

Celina Caesar-Chavannes LiberalParliamentary Secretary to the Minister of International Development

Mr. Speaker, I want to provide a quote. It is this:

The government has put forward strong legislation not only focused on impairment by drugs, but also addressing on-going issues related to alcohol impairment.

Steps that have been introduced to reform the entire impaired driving scheme are seen as much needed and very positive.

The association to whom this quote is attributed has also called for these changes in the past, specifically in support of the modernizing of drug provisions in the Criminal Code, mandatory alcohol screening, and eliminating common loophole defences. The quote is from the Canadian Association of Chiefs of Police. These are the individuals who will be on the front lines of enforcement of this particular legislation. I wonder what my hon. colleague has to say with respect to this quote.

Criminal CodeGovernment Orders

May 31st, 2017 / 8:45 p.m.
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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I also want to read a very important quotation from the task force on cannabis legalization and regulation, which presented some recommendations to the federal government.

The first reads as follows:

Invest immediately [not next year or in two years] and work with the provinces and territories to develop a national, comprehensive public education strategy to send a clear message to Canadians that cannabis causes impairment and that the best way to avoid driving impaired is to not consume.

Here is what needs to be done. Investing less than $2 million a year is not enough, and that money is not going to the provinces, as I said. Likewise, no money is going to the municipalities, which urgently need it to strengthen our law enforcement bodies and give them the training required as well as to begin an awareness campaign. At present, there are still people who think that driving while impaired by cannabis actually makes them better drivers. This myth needs to be dispelled immediately so that people understand that they must not drive after consuming cannabis.

Criminal CodeGovernment Orders

May 31st, 2017 / 8:45 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is an honour to rise this evening to speak to Bill C-46. This bill presents a number of complicated and novel problems for lawmakers. I will say first that I will vote for this bill at second reading. It should get to committee.

There are many things in here that we need to move ahead with. I hope that my speech can reflect on the areas where the bill will need amendments. It is particularly in the sections that would enable the Governor General to make regulations in the future that we should approach regulation-making with caution.

Let me start by saying what is important about Bill C-46.

It is important that we do more to deal with the carnage on our roads caused by people whose judgment is not only impaired by drinking but who also fail to understand that an automobile is a lethal weapon. Persons getting behind the wheel when they have had anything to drink at all should be as socially unacceptable today as people lighting up a cigarette on an elevator.

Social norms change over time. The social norms once allowed us to give the people around us the present of second-hand smoke without thinking anything about it, but it is now viewed as a reckless activity. One would have thought that with the attention and the hard work of wonderful groups like Mothers Against Drunk Driving, it would be clear to all Canadians as responsible citizens that if they have had anything to drink at all, they do not drive. Unfortunately, we see far too many examples of innocent people, children, or whole families killed on our highways by people who have gotten behind the wheel when they should never have done so. We need to do more to stop the threat of drunk drivers on our roads. This bill would begin to do that. This bill would begin to take some important steps.

Certainly it is important for people to know that they can be pulled over on reasonable grounds and have a breath test applied by a roadside breathalyzer. On reasonable grounds, police officers would be able to stop more people for randomized breathalyzer testing on the side of the road. It is important to note that Bill C-46 would require a police officer to have reasonable grounds to believe a person is committing an offence or at any time in the last three hours has committed an offence as a result of the consumption of drugs or alcohol. Throughout this bill there are requirements for reasonable grounds. Still, the threshold for giving a roadside breathalyzer test is going to be reduced, with the goal of getting more people who are drinking and driving off our roads, and that is important.

The risk here is that we would be conflating the legalization of cannabis with problems of driving and substance abuse, and this is where we need to be careful. In 2014, an astonishing 74,800 cases were reported across Canada of driving impaired due to alcohol or drug use. There were 74,800 cases in a single year reported by police. Of those cases, 97% were alcohol-related and 3% involved drugs. That is not to say that drugs are not the problem, but it is clear that in order of priority, alcohol is the bigger problem as a percentage, empirically, on our roads.

However, then we begin to dive into it. Certainly with the legalization of cannabis, reasonable concerns have been raised. What if people are impaired by having imbibed, smoked, or eaten cannabis and are now under the influence of cannabis and have THC in their system? This is where, as I dive into the evidence, it gets a lot more complicated, because if we are going to base our policies on evidence, it is not at all clear that the same kind of physiological effects occur from imbibing cannabis as from drinking alcohol.

For example, studies by the Pacific Institute for Research and Evaluation, as reported in The New York Times, talk about the estimates from a number of studies. In the case of the dangers of drunken driving, for instance, 20-year-old drivers with a blood alcohol content of 0.08%, which is the legal limit across Canada, had an almost 20-fold increase in the risk of a fatal accident.

When the researchers look at those who have imbibed cannabis, they find that the effect of using cannabis does affect driving, but it is within the same range as the legal allowable levels of blood alcohol. It is not at all clear. According to a 2012 study from the Journal of Psychopharmacology, only 30% of people who were under the influence of THC failed a field test of their ability to show physical coordination and good cognitive reflexes. The effect of smoking marijuana is clearly going to be very different from the effect of drinking and driving.

This is again research from the Pacific Institute for Research and Evaluation. For the purpose of explaining this, I am going to use the term stoned drivers and drunk drivers. They concluded that stoned drivers drive differently from drunken ones and have different deficits. Drunk drivers tend to drive faster than normal and overestimate their skill, whereas the opposite is true for stoned drivers. More worrying, when we are dealing with the application of criminal law, is that those who are habitual users of marijuana can have levels of THC in their systems that do not affect their judgment. The metabolizing in the body of cannabis is very different from alcohol. To spot someone who is drunk, we need to test for ethanol. To spot someone who has been using cannabis, we look for THC, but the THC can be present in the bloodstream days after the last use and when a person is not actually impaired.

As we are going forward with developing tests and deciding when someone is criminally responsible, we need to approach this problem differently. If we find a level of blood alcohol of 80 milligrams of alcohol in 100 millilitres of blood, we know someone was driving over the limit. That is not going to be so easy to figure out with THC.

Those who are studying this recommend some interesting approaches, including in the very useful study by the U.S. Department of Transportation, from February 2015, called “Drug and Alcohol Crash Risk”. I recommend this to other MPs who are looking for data. It is from the National Highway Traffic Safety Administration of the U.S. Department of Transportation. They looked at the adjustment for age, gender, ethnicity, alcohol concentration levels, and so on. They did not find that high risk correlated with drug use at all when they corrected for these other social factors.

What they recommend is fascinating. They say that if we are going to put resources into avoiding people being killed on the road, it would be far better to focus on banning establishments for imbibing cannabis away from home. I want to underscore this, because I do not think anyone has mentioned it in the debate so far. If we are legalizing cannabis, as we are, do not have facilities and establishments that encourage people to get in their cars to drive to a place to have cannabis. Encourage there being no driving involved and create the social norms that say do not drive at all when imbibing cannabis.

It is going to be very hard, and a failing test for the science, to find mechanisms for roadside testing for THC. It is far better to focus on where the threat to life and limb clearly is. It is overwhelmingly people who get behind the wheel of a car after having too much to drink. Frankly, I think a glass of wine or a beer is too much to drink to get behind the wheel of a car, yet we have a social construct and culture that there is nothing wrong with it. I have always loved the show Cheers, with the friendly guy behind the bar. Take a bus there. Take the subway there. We need to change our norms around what is okay, because a car is a lethal weapon.

Finally, I want to hope that when we take the bill to committee, we look at unintentional consequences. If we make it easier for police officers to pull someone over for a breathalyzer, we need to watch for issues of racial profiling. We need to watch for the unintended consequences of additional searches that take place once someone is pulled to the side of the road.

I am not standing against the bill, by any means, but I think these issues are far more complicated than the debate we have had so far tonight. I look forward to seeing the bill sent to committee. I hope that when we look at regulating THC and finding ways to do roadside testing that we do not start with the assumption that if we can find THC in a person's body they have been reckless in their use of an automobile. Those two may not correlate the way blood alcohol levels indeed correlate toward recklessness and unsafe driving.

Criminal CodeGovernment Orders

May 31st, 2017 / 9 p.m.
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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, this is more of a comment, but I would be very interested in the member's reaction to it.

In the legislation, under proposed section 320.27, regarding the mandatory breath testing for alcohol screening, it requires that the stop be lawful, either as authorized under a statute of the Government of Canada, a provincial statute, or in common law. What that really means is that the stop must be provable to be lawful for the search to subsequently be considered constitutional and, therefore, legal. Therefore, it will be incumbent upon law enforcement, when they stop a vehicle, to be able to articulate that the stop was in fact legal.

I hope that might address any concerns that the member or other Canadians may have that the police may inappropriately use this authority to racially profile or to otherwise discriminate against anyone on the basis of the legislation. If the stop is deemed not to have been a legal stop, then any subsequent search and the evidence gathered from that search would, therefore, be illegal. I hope that would address, at least in part, some of the member's concerns.

Criminal CodeGovernment Orders

May 31st, 2017 / 9 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, yes, indeed, in going through this, I read the concerns from those who said that on the grounds of civil liberties this would be intruding on constitutionally protected rights. I think, on balance, the courts will find this justifiable because of the threat of drunk driving, and as the hon. parliamentary secretary has mentioned, it is clear that the stop must be legal.

There is a concern once we start having the legal threshold for that stop adjusted downward in order to create more opportunities for testing people at the roadside. On balance, I agree with it. I think the fact that we have advice from Professor Peter Hogg is very reassuring. He is the country's leading constitutional law expert, and I studied from his textbook when I was at law school so I hold him in the highest regard.

However, I am talking about not so much whether it is challenged in court but about how it is applied day to day. That is going to be something that I hope we will be aware of as we take the bill through committee.

Criminal CodeGovernment Orders

May 31st, 2017 / 9 p.m.
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Conservative

Jim Eglinski Conservative Yellowhead, AB

I would like to run a scenario through you, Mr. Speaker, and I would like to ask the member for Saanich—Gulf Islands to give me a response to it.

I am a young constable. I see a vehicle going down the road. It has a tail light out, so I pull it over. I walk up to the young gentleman sitting in the front seat of the car. He has the legal quantity of marijuana sitting beside him, with maybe just a bit gone. He might have just had it. He might even tell me he just had it. However, it may not give me reasonable grounds to follow suit with the legislation the government across is trying to put across.

If that was liquor, most provinces say I can seize it and prevent him from continuing driving down the road and consuming. However, the legislation misses something. What can I do about it? I think I am just going to have let him go because there is no law preventing him from doing what he is doing.

Criminal CodeGovernment Orders

May 31st, 2017 / 9 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, with respect to the member's hypothetical, it is a legal stop to check someone whose car has a broken tail light. Bill C-45 has other things to say about how much a person carries with him or her and if it is legal to have it in a vehicle. Under these provisions, if the officer has reasonable grounds to think that the person is impaired, then his or her driving should be tested.

The point of my speech was that I do not think we have the science to know if people are impaired from cannabis in the same way they are from alcohol. Someone could be pulled aside and found to have THC in his or her body, as I understand the science, even more than 24 hours after the last time they had any.

I do not think the officer in the member's hypothetical is without any remedies whatsoever, but that goes to the legal control over how much cannabis one can have under the terms of Bill C-45. Someone under the age of 18 is not allowed. There are a lot of other rules that would apply in that circumstance beyond this, which deals with roadside inebriation.

Criminal CodeGovernment Orders

May 31st, 2017 / 9:05 p.m.
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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, I rise this evening to take part in the debate on Bill C-46, which would amend the Criminal Code and make other consequential amendments to various other acts.

Like many members in the House this evening, I have been following this legislation with great interest since it was tabled and I know that Canadians are also following it in the media. Before I begin my remarks, I want to say that I have great faith in members of Parliament in all parties to work together on this legislation so that at the end of the day, the Criminal Code is modernized, reflects the advancement of technology, and that our peace officers have the necessary legal framework to keep our streets and communities safe.

Far too many of us know members of our communities who have lost loved ones due to the actions of impaired drivers. Rarely does a week go by in Canada when we do not hear of people who lose their lives due to somebody getting behind the wheel while severely intoxicated or under the influence of mind-altering drugs.

In preparing for this debate, I was contacted by the father of a young lady who tragically lost her life in the fall of 2015 when coming home for Thanksgiving dinner. He asked that we, as members of Parliament, put aside our political differences and work constructively to ensure this legislation is carefully debated and that it moves forward in a timely manner. I was also saddened to hear that even our colleague, the member for Cariboo—Prince George, lost his brother to a drunk driver over 20 years ago. I ask that we keep these families in mind as we prepare to carefully, hopefully in a non-partisan manner, get this legislation to committee. On a personal note, I lost an uncle in the same kind of situation.

As has been said by other members of the Conservative caucus, I will vote in favour of the legislation as currently written so that the necessary stakeholders, which include peace officers, provinces, municipalities, legal scholars, and those who actively work toward the prevention of impaired driving, can present their views and critique the bill's various implications.

As noted by others, this legislation would, for the first time, allow for the use of roadside drug screeners in cases where a peace officer has a reasonable suspicion a driver is under the influence of drugs. It would be naive of us to think that people are not currently driving under the influence of marijuana, methamphetamines, or other substances. We would also be naive to think that the number of those consuming marijuana and then getting behind the wheel will stay the same or even go down after a public education campaign following the legalization of marijuana.

We are about to embark on one of the largest changes in the law in respect of people consuming a substance since the elimination of prohibition. We can look at what other jurisdictions have done to prepare for the full legalization of marijuana, but at best, we only have estimates on what it will mean for Canadian roads and highways. Moreover, we actually do not know what it will cost for the RCMP, various police departments, and municipalities to purchase the necessary roadside oral fluid drug screeners nor the total dollar amount for the necessary training to administer the drug screeners.

In consultation with the Brandon police department and other police officers, they have explained there are significant costs that will be necessary when this legislation is brought into force. I do not want to delve into the specifics of Bill C-45 while we are debating this legislation, but I believe it is important to note that municipalities will probably not see any increased tax revenue from the legalization of marijuana. However, they might get stuck with the tab as they will be the front line on enforcement and regulation. At this time, I would even suggest that the parliamentary budget officer undertake a full review of the up-front costs of implementing Bill C-46 on municipalities and provinces and the potential hidden costs. For instance, many rural communities would not be prepared to provide blood analysis 24 hours a day, seven days a week.

As the bill states, it would authorize the taking of a blood sample from a driver when an officer believes the person is drug impaired. As rural members in the House know, sometimes people have to drive 100 kilometres or more to find a 24-hour health facility. To complicate this even further, people drastically absorb and metabolize THC in many various ways. My colleague from Yellowhead referred to this earlier this evening. We must ensure the legislation provides no loopholes for those who may seek to evade the law. We want to make certain that the Ross Rebagliati defence of second-hand smoke cannot be invoked.

The other issue I want to raise is that I have serious and grave concerns about the mandatory alcohol screening clauses found within the legislation. I am aware that the government has tabled a charter statement from Professor Peter Hogg, and the Minister of Justice has fervently defended his position. However, I want to remind the Minister of Justice that the Supreme Court is the sole arbiter of what is constitutional and what is not.

It was only a few years ago that our previous Conservative government nominated Judge Marc Nadon to the Supreme Court after we were told it was constitutional by two former Supreme Court judges, as well as constitutional experts.

While the Minister of Justice may feel confident in the charter statement, various members of the House of Commons have lingering doubts. I am encouraging the Liberal government to keep a very open mind and be prepared to strike this clause from the legislation if legal experts believe it encroaches on the rights of Canadians under section 8, which provides the right to be secure against unreasonable search or seizure, or under section 9, which is the right to not be arbitrarily detained or imprisoned.

When giving the police such powers, even under the best of intentions, it must be carefully balanced with the rights and freedoms of drivers. While there is case law that has allowed for randomized breath tests, there is zero case law that would allow warrantless mandatory Breathalyzer tests.

While I know the government continues to state that an estimated 50% of people who are stopped and are over the legal limit are able to pass through current detection methods, I believe there must be a better solution to bringing this number down than a police officer who would be able to, on demand, without any reasonable suspicion, perform a breathalyzer test.

The hon. member for Cowichan—Malahat—Langford noted in his speech that even the Supreme Court was not unanimous on the issue of random stops by police officers. As the member stated in his speech, the minority opinion of courts stated there were serious implications with such power. He also went on to say that the decision of a police officer may be based on any whim that may tend to stop young drivers, older cars, and that racial considerations could become a factor. Let us recall that this was a Supreme Court dissenting opinion on random check stops, not mandatory roadside Breathalyzer testing.

On a final note, I am encouraged to see that the provinces, such as the new Pallister government in Manitoba, are already working on updating their laws to prepare for federal legalization of marijuana. As Heather Stefanson, Manitoba's Minister of Justice said, the “proposed cannabis harm prevention act would provide tools to government, enforcement and public health during” the lead-up to the final implementation of legalization.

For the benefit of my colleagues, I would like to put on record exactly what this legislation would do. The legislation would allow for a 24-hour suspension of a driver's licence if a police officer believes the driver is under the influence of a drug and unable to safely operate a motor vehicle. It would require the registrar of motor vehicles to determine if graduated licence drivers who receive a 24-hour suspension should face further consequences. The legislation would create a specific offence for consuming marijuana in or on a vehicle, and that any marijuana must be stored in a secured compartment, for example, the vehicle's trunk, so that it is inaccessible to those in the vehicle.

The provincial government understands that not only do the laws surrounding driving need to be updated, but the Province of Manitoba will soon explicitly prohibit the smoking of marijuana in any enclosed public space or workplace; schools will still be able to enforce disciplinary measures to students using, possessing, or being under the influence of marijuana; and legislation will continue to apply to individuals who use marijuana as a tool to exploit or traffic another person. I applaud Minister Stefanson and the PC caucus for taking the leadership they have on this file.

I ask that our Liberal colleagues across the way work with the opposition not only on Bill C-46, but also on Bill C-45. There is no need to have an arbitrary timeline if it puts unrealistic dates for the full legalization of marijuana. I am equally concerned that the Liberals are not prepared to develop effective educational campaigns to deter Canadians from impaired driving.

If police departments and municipalities say they are not prepared or do not have the necessary resources or training required to manage the increased threat of impaired driving associated with marijuana, we must not move until they are fully equipped to do so.

I plan to host numerous meetings in my constituency over the summer on both Bill C-45 and Bill C-46. The legalization of marijuana and the conversation surrounding its implications should not just happen in this chamber or in committee rooms, but also in community halls, town halls and one-on-one with our constituents.

As I have always said, the legalization of marijuana has never been a top priority for me. I believe there are many more pressing issues. It is our collective responsibility to do all we can to ensure that if the Liberals want to legalize marijuana, they do not do more harm than good.

Criminal CodeGovernment Orders

May 31st, 2017 / 9:15 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I heard the member say that we did not want to proceed with the legalization of cannabis until we knew how we would handle the issue of use and driving. The hon. member was probably here to hear my concerns. Did the member hear the suggestion that came from a number of policy experts I discovered in going through the literature? They suggest that we find a way societally to prohibit the creation of essentially social clubs where cannabis is used in the same way we now have bars where alcohol is served. In other words, we find ways to encourage cannabis use only at home to avoid having people driving.

Criminal CodeGovernment Orders

May 31st, 2017 / 9:15 p.m.
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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, I thank my colleague for her concern and for her idea that this only be allowed to be used in homes. I do not think that is a reference to the medical consumption of marijuana. As I said in my earlier remarks, if we are naive enough today to think we can keep it in homes, or people are not already intoxicated, or have imbibed, or have already consumed marijuana, or are in vehicles, we are kidding ourselves.

While it may be a decent suggestion, it is not practical once we have licensed it. It becomes much more wide open than that. It becomes much more of an opportunity for people to use it in an illegal manner than what they may even do with alcohol today. Just because we have had those laws, the police are still picking up people who are impaired. I believe we will not just have the same number that we are picking up today for illegal use of drugs, but we will have many more of them if we license it.

Criminal CodeGovernment Orders

May 31st, 2017 / 9:15 p.m.
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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I thank the member for his reflections on those who have lost loved ones. It is a terrible tragedy in our society that so many people have either lost their lives or have had their lives irrevocably and traumatically changed as a result of the criminal actions of an impaired driver. I think we all share a common goal of making our roadways safe and doing what is necessary and right, under our constitution and within our laws, ensuring we do that. I am grateful for the member's comment.

I also want to assure the member and ask him if he thinks this will be of some assistance. He indicated that there was a legitimate concern in municipalities across the country, and I come from a municipality myself, about having adequate resources to do the job we ask them to do. I want to assure him of our government's commitment to ensure that law enforcement and our courts have the legislation, the technology, the training and the resources they need to do the job we ask them to do.

The bill provides that legislation and those authorities, but we also recognize those municipalities will need some assistance to ensure they have access to the technology, that their police officers have access to the training they will need, as both drug recognition experts and to use this device, and ensure the resources are there.

This is a commitment the entire country shares. I want to provide the member with that assurance and ask him if he agrees me that this is a very important commitment we make.

Criminal CodeGovernment Orders

May 31st, 2017 / 9:20 p.m.
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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, I thank my colleague for his assurances that it is in the bill, that they will be looking at the costs to municipalities, police forces, and others. The Liberals have not assured the police societies of Canada yet that the bill will do that. There are many questions left outstanding in the public.

With regard to the costs, stopping people on the highway for a breathalyzer test costs very little for the equipment to be reused. Costs for swabs for drug testing, which are not even proven yet, are in the range of $20 to $40 per stop, as opposed to cents on the dollar. The indication that they will bear this costs from their operations budgets is pretty tremendous. In the situation with which I am familiar, it would consume all of what they presently use for their training purposes just to train enough people to handle drug testing.

Criminal CodeGovernment Orders

May 31st, 2017 / 9:20 p.m.
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Conservative

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

Mr. Speaker, I am pleased to rise this evening to speak to Bill C-46, regarding driving while under the influence of cannabis or alcohol.

I do not disagree with Bill C-46, quite the contrary. No one here opposes the broader value of protecting drivers and our children. There are still too many deaths caused by drunk drivers, and much remains unknown about cannabis. However, we cannot talk about Bill C-46 without first talking about Bill C-45 on the legalization of cannabis.

With the bill to legalize cannabis, the government is trying to shift the responsibility to the provinces. If we want to give effect to Bill C-45, then we also have to give the provinces a framework that would allow them to adapt to Bill C-46. We need to put structures in place to help our police officers, those who are on the roads, those who have to drive, or those who have to arrest people who are under the influence of alcohol or cannabis.

In my mind, Bill C-46 is full of holes and does not go far enough to establish a strong framework because not everything is defined in Bill C-45. Everything is downloaded, as we say, to the provinces, which must do everything themselves. Unfortunately, they will not have the time to adust because they will have only one year to prepare for the legalization of cannabis and the implementation of Bill C-46 on driving under the influence of alcohol or cannabis.

This leads me to say that there is no mention of prevention in Bill C-45, and yet we will need information and prevention because driving under the influence of cannabis or any other drug is a big unknown. The support of all members of the House is contingent upon having a framework that protects our children, relatives, and friends so that they are not taken from us by irresponsible drivers. We need a coherent law.

Bill C-46 follows Bill C-45. If we want to legalize marijuana, we must ensure that Bill C-46 provides a much stronger framework to help our cities, police officers, and the people who work with the victims of traffic accidents. We do not see this in Bill C-46 or in Bill C-45.

Furthermore, Bill C-45 is a botched bill. The Liberals did not consider the ideas of those who work with people who have are addicted to alcohol or drugs such as cannabis. Everyone in the House knows someone, either a family member or a friend, who abuses cannabis. I believe that Bill C-46 needs to be fleshed out.

Our police officers need a little more support, and I am not just talking about money. Everyone involved needs education.

There have been shock advertising campaigns about drunk driving in Quebec. The ads did not stop people from drinking, but they did make people a little more informed. Now people call a cab or have a designated driver. We should do the same for cannabis.

We cannot talk about Bill C-46 without also talking about Bill C-45, which comes before Bill C-46. I will be voting to send it to committee, but it needs more teeth and it needs to be totally unassailable because Bill C-45 is an empty shell. The government is handing things over to the provinces, and they have to figure out how to deal with it. This is where the bill was drafted, and this is where we need to give it more teeth.

Personally, I think that the coming-into-force date for Bill C-45, 2018, is unrealistic. That is way too soon for the provinces, and it is way too soon considering all the conversations that need to happen with municipalities. How is the government going to make sure that the message in Bill C-46 gets to the municipalities, the provinces, the decision-makers, the organizations, the police officers, and everyone else involved in the day-to-day implementation of this bill? We must never forget that we are here to protect Canadians.

On this side of the House, we want to protect Canadians, and we want to make sure that the bills we pass contain all the necessary provisions, which is not the case with Bill C-45. I think that is what all parliamentarians think of these two bills. If we want to pass Bill C-46, Bill C-45 must have more teeth. Bill C-46 needs to establish structures that will help support and protect our drivers, our children, our parents, and people who work with individuals arrested for impaired driving. We also need to ensure that the right elements are in the right place. We need to ensure that any devices used to detect alcohol or cannabis are very sophisticated. Still today, breathalyzers are not 100% accurate.

I would like Bill C-46 to have more teeth, because it is missing an important element from Bill C-45, that is, ensuring that everyone affected by legalizing cannabis has all the resources needed to ensure that this legislation is rock solid. One year is far to soon for the municipalities and for everyone involved in enforcing this bill.

Criminal CodeGovernment Orders

May 31st, 2017 / 9:30 p.m.
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Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, as my colleague mentioned in her presentation, rural areas still do not have access to all health services, which would undoubtedly be useful for blood analysis. Some of these communities are quite remote.

My colleague is quite right in saying that municipalities will have to cover most of the cost and there is little or no provision in the bill especially for public education and information.

The bill provides for $9 million over five years, which is less than $2 million a year. That is totally ridiculous given the size of our country. We are not talking about just the province of Quebec, but of the entire country.

I would like to ask my colleague what she thinks of the ridiculous amount allocated to training and information.

Criminal CodeGovernment Orders

May 31st, 2017 / 9:30 p.m.
See context

Conservative

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

Mr. Speaker, I thank my colleague for his question.

Nine million dollars is very little when it comes to implementing structures in rural areas. We are a big country. We can agree that cities such as Montreal, Quebec, Toronto, and Vancouver have the necessary structures in place. Very remote rural areas such as Baie-Sainte-Catherine and La Malbaie are going to need money. Nine million dollars over five years will not be enough. That is equivalent to less than $1 a day per citizen.

I sincerely believe that if we want structures to be put in place for Bill C-45, we must give municipalities and the provinces the financial means to do so.