Bill C-46 (Historical)

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

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.

Controlled Drugs and Substances Act

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am pleased to participate in the debate on Bill C-338, which proposes to amend the Controlled Drugs and Substances Act to increase mandatory minimum penalties, or MMPs, of imprisonment for offences relating to the importation and exportation of certain drugs and substances.

I would like to begin by commending my hon. colleague across the way for bringing forward this private member's bill. It will encourage and foster an ongoing and important discussion regarding how we best regulate controlled substances.

Let me also say that I have been listening carefully to the debate on Bill C-338 and I would like to echo the political and legal concerns that have already been raised, including the constitutional implications of this bill.

To start, it strikes me as inappropriate to provide the same MMP for substances that have vastly different levels of potency and danger. It is exactly this type of situation that the Supreme Court of Canada has raised concerns about in recent cases in which it struck down MMPs. I refer the House to the Supreme Court of Canada case in Regina v. Muir, in which the court cited R v. Lloyd in stating that “mandatory minimum sentences that...apply to offences that can be committed in various ways, under a broad range of circumstances...are vulnerable to constitutional challenge.”

Although the bill targets the importation of powerful opiates like fentanyl and carfentanil that are lethal in very small quantities, the increased MMPs would also apply to other substances like cannabis. Hon. members will recall that the government has introduced Bill C-45 and Bill C-46 to address and introduce a new comprehensive regime so that we can keep cannabis out of the hands of our youth and vulnerable communities.

Although a highly regulated substance, cannabis simply does not share the devastating qualities of fentanyl for instance. Suffice it to say that such differences are material from a sentencing and charter perspective, so it does not make sense to treat these two substances in the same way.

That said, there is no doubt that the increasing prevalence of potent opioids in our communities has sparked a public health crisis in Canada.

The onslaught of this deadly epidemic in Canada is twofold. First, the overdose crisis has been driven by the emergence of these powerful illicit opioids on the black market, leading to an unprecedented number of deaths among illegal drug users. This unfortunate reality is exacerbated by vile and deceitful drug dealers who mix these incredibly cheap yet highly addictive and potent substances with other more expensive drugs, for instance heroin or cocaine, in an effort to maximize their profits. The relative ease with which these opioids can be produced further compounds these problems.

A secondary contributing factor has been the high levels of addiction to legal opioids across Canada. This trend has been caused in part by inappropriate prescribing practices and poor education on the risks associated with opioid use.

Unfortunately, once prescription renewals expire, many individuals turn to the black market to supply their addiction. The demand that emanates from legal opioid addiction helps fuel the demand for such substances on the black market.

To effectively respond to the opioid crisis in Canada both contributing factors must be addressed. This is partly why I have strong reservations about the approach proposed in Bill C-338. It proposes an unnecessary, costly, and likely ineffective approach to a complex drug problem. The bill is focused on increasing MMPs for offenders engaged in importing and exporting instead of focusing on the root causes of this epidemic.

Evidentiary support is simply lacking to suggest that increasing MMPs in the way proposed by the bill will reduce the influx of these lethal drugs into Canadian communities. In fact, research on the “war on drugs” in the United States reveals that increased penalties do little to deter high-level drug traffickers from engaging in this lucrative criminal conduct, nor do they do anything to help those battling addictions. Health and criminal justice experts assert that addressing the demand side is critical to comprehensively responding to complex social problems like these.

The import and export offences targeted by Bill C-338 are already punishable by a maximum term of life in prison. In Canada, this is the highest penalty a judge can impose. In my personal experience as a drug prosecutor, our judges consistently use their discretion to impose stiff penalties if and when they are warranted. In fact, courts around the country are already treating fentanyl trafficking very seriously.

For example, in a recent decision this year, Regina v. Fyfe, the judge imposed a total sentence of five years' imprisonment on a low level first-time fentanyl trafficker. I would point out that this is two more years than the mandatory minimum jail sentence proposed by this private member's bill. In the decision, the court noted that an appropriate sentence for fentanyl trafficking must be more serious than other hard drugs, for example cocaine, given the substantial risks posed by this and similar opioids.

Moreover, appellate courts across the country are revisiting sentencing ranges for those who traffic in these dangerous substances, noting that previous ranges are “out of sync” with the dangers these substances pose to society. I offer and commend to the House the case of Regina v. Smith, decided by the British Columbia Court of Appeal in 2017.

I will pause to note that it is important that we reaffirm the fundamental principle of the independence of the judiciary as that imparts a high degree of confidence among the public that the judiciary will do their job.

Let me be clear. We are talking about an unprecedented number of fatal drug overdoses in Canada. Our government fully understands the gravity of the situation, and we continue to take action to address the problem. The policies put in place to deal with this crisis need to be guided by performance measurement standards and evidence. These policies must have an immediate impact in order to reduce the number of tragic deaths.

That is why I am so pleased that our government has introduced a new Canadian drug and substances strategy. The strategy focuses on prevention, treatment, and enforcement, but it also reinstates harm reduction as a core pillar of Canada's drug policy. The strategy champions a comprehensive, collaborative, compassionate, and evidence-based approach to drug policy.

To further advance this strategy, the Minister of Health introduced Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments under other acts. Together, these will address the serious and pressing public health issues related to opioids. That bill has now received royal assent, which is something all members in the House should celebrate.

This legislative response is one important part of our government's comprehensive approach to drug policy in Canada. Bill C-37 will simplify and streamline the application process for supervised consumption sites, clamp down on illegal pill presses, and extend the authority of border officers to inspect suspicious small packages coming into Canada, which is precisely the object of what this private member's bill tries to address.

In relation to this last point, extending the inspection powers of the CBSA officers is important, because one standard-sized envelope can contain 30 grams of fentanyl, potent enough to cause 15,000 overdoses. These numbers will increase exponentially where the substance in question is carfentanil.

In addition, our government is also investing over $100 million to support the new Canadian drugs and substances strategy. This is in addition to $10 million in emergency support that the federal government has provided to the province of British Columbia to assist in responding to the overwhelming number of overdoses.

While the private member's bill is well intentioned, its objectives will not be accomplished through the provisions set out in it. This is for all the reasons I have stated in my remarks. I therefore encourage all members to vote this private member's bill down and continue to support all the good work our government is doing with regard to controlled substances.

Export and Import Permits Act

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, I, too, thought what I had to say was very interesting. I appreciate the fact that you have brought attention to that.

Bill C-47 would also allow governments to create regulations that would demand firearm importers to report and keep all their import registry data for at least six years and have it available to government. In its simplest form, this is the start of a backdoor firearms registry. It would force the information of individuals to be registered with importers and sellers and be available to government. It sounds pretty much like a registry to me.

Moreover, these proposals will add costs onto the manufacturers and distributors of legal firearms, which will ultimately be passed down to the consumers, the purchasers of firearms. Somebody has to pay for this extra cost that will be incurred with Bill C-47.

When our previous Conservative government was in office, we listened to Canadians and eliminated the wasteful and ineffective long-gun registry. Instead of treating law-abiding firearms owners like criminals, we repealed the requirement to register non-restricted fire arms, long guns, rifles, shotguns, and provided for the destruction of all records pertaining to that registry held by the Canadian Firearms Registry under the control of the chief firearms officer.

While we removed the need to hold a registration certificate for non-restricted firearms, this did not change the requirement for individuals to hold a valid firearms licence in order to acquire or possess a firearm. They also had to pass the required Canadian firearms safety course, undergo a screening process, and obtain a registration certificate for restricted and prohibited firearms such as handguns. Through these changes, we recognized that recreational firearms users were not criminals. At the same time, we ensured that appropriate measures were taken to maintain public safety through licensing and gun safety education.

Acceding to the ATT could impose another burdensome bureaucracy on Canada that would mirror the wasteful and ineffective long-gun registry our previous Conservative government eliminated. The same problems that we had with the gun registry, the lack of accountability, the immense costs, and the overall uselessness of it, are highly likely again under the ATT regime, unless amendments are made to it.

Interestingly, through Bill C-47, the Liberals are trying to bring back the registry through the backdoor with as little attention as possible.

The Liberals have a tendency to do this, introduce proposals they know will not be accepted by Canadians at a time when they hope it will go unnoticed. Take their recent massive tax hikes on local small businesses, farmers, and professionals as an example. The Liberals waited until the middle of the summer to sprinkle out these proposals when they figured Canadians were enjoying time with family and friends or perhaps were out of town on vacation. Of course, they made the consultation period run right through the fall harvest season, which would severely impact the ability of farmers to interact and contribute to the discussion on this very important proposal before us.

In a similar fashion, when this backdoor gun registry bill was introduced, the Liberals hoped that no one would hear about it. They introduced it at the same time as their marijuana legislation, both Bill C-45 and Bill C-46, the day before the Easter long weekend. The expectation here was clearly that this bill would fall under the radar while the marijuana bills dominated the discussion and the news cycle.

Whenever the Liberals insist on pushing forward with an agenda they know Canadians will not stand behind, this is their standard way of going about it. However, if they know Canadians do not support this legislation, as evidenced by the fact they are trying to keep it as low profile as possible, why are they trying to pass it at all?

Canada's export regime as it stands today is already among the strongest in the world. I think the Liberals would agree on that point. Canadian governments of all political stripes have always ensured Canadian values are reflected in export decisions and have taken steps to prevent illicit transfers that fuel conflict, encourage terrorism, or organized crime. It seems to me this is another Liberal solution in search of a problem. If it were benign, it would be one thing, but because it has the potential to negatively impact law-abiding Canadian farmers and hunters, we as Conservatives must speak out against this.

The Conservatives have taken a clear and principled stand. We believe that any arms trade treaty should recognize and acknowledge the legitimacy of lawful ownership of firearms by responsible citizens for their personal and recreational use. This includes Canadian heritage activities, such as hunting, sport shooting, and collecting. More than that, the legitimacy of these activities are recognized around the world, including those state parties to the ATT. Our previous Conservative government insisted that this be a part of any serious treaty on this subject.

For the Liberals to move ahead with this legislation without having received such a basic concession is disappointing. The Prime Minister may believe it will help him secure the United Nations Security Council seat that he wants so badly, but to do so would be at the expense of the rights of Canadian gun owners.

Cannabis Act

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, I am happy to rise today to speak to this important piece of legislation, a bill that would legalize and regulate the possession and sale of marijuana in Canada.

The NDP has been calling for the decriminalization of marijuana for 45 years. We support the legalization of marijuana as long as it is not marketed to children, as long as it generates reliable funding for public health programs, prevention, the treatment of addictions, funding for health research, and an effective impaired driving strategy.

Since the impaired driving piece is dealt with in a separate bill, Bill C-46, I will not say anything more about that. It certainly has been something that RCMP members and other concerned citizens in my riding have impressed on me as an important part of this project.

We in the NDP support the legalization of marijuana primarily because its criminalization has been a failed policy. The possession and use of marijuana has been illegal in Canada since 1923, but what has that accomplished?

I would like to point out some facts. About 30% of Canadian youth have tried cannabis by the time they are 15 years old. Some 12% of Canadians over the age of 15, that is over two million Canadians, have used marijuana in the last year. Through my door knocking experience in South Okanagan--West Kootenay, I would back that up. Use in my riding may well be higher than the national average. There were over 100,000 drug offences reported in Canada in 2014, and two-thirds of those related to marijuana. That is over 60,00 drug offences with regard to marijuana in one year.

The present law regarding cannabis has done little or nothing to stop young people from using marijuana. It has given thousands of Canadians criminal records, and has created a huge underground economy, much of it dominated by gangs and organized crime. It is clear that the status quo is just not an option.

At the moment we are in a state of purgatory around marijuana legalization. The Liberals promised legalization in the last election. They were elected 18 months ago, so Canadians have been anticipating the legislation since then. Despite that, people are still getting criminal records for simple possession.

More than 15,000 people have been charged for marijuana possession since the Liberal government took office. Now it is clear the government will not complete this action for another 15 months, and thousands are still suffering under their criminal records. These records severely impact people's lives. They have trouble getting jobs and finding housing. They cannot travel across international borders.

The NDP is calling for pardons for all Canadians who have criminal records for the simple possession of marijuana. This bill would legalize marijuana for that purpose, and the lives of thousands of people have been tainted by these criminal records. We are calling on the government to implement an interim policy of decriminalization so that no more Canadians will receive criminal records for something that will be legal within months. These actions impact young people disproportionately, young people who will face a lifetime of difficulties if they are convicted of simple possession.

These actions also fill our courts with pointless prosecutions. Even the Liberal Party of Canada website states that “Arresting and prosecuting these offenses is expensive for our criminal justice system. It traps too many Canadians in the criminal justice system for minor, non-violent offenses.”

These pointless prosecutions add significantly to delays in the court system, sometimes to the point of serious cases being dismissed. Since the Jordan decision on trial delays last July, over 800 accused criminals have been freed simply because their trials were taking too long, some of them charged with murder. Filling the courts with marijuana possession cases only exacerbates this unacceptable situation. Again, the NDP supports legalization, and calls for immediate decriminalization for the possession of small amounts of marijuana.

I want to cover a few points on what the bill sets out regarding legalization and regulating marijuana.

First, it says that adults over the age of 18 could possess up to 30 grams of dried cannabis and grow up to four mature plants in their homes. As other people have pointed out, there are regulations around the size of those plants.

Provinces, of course, would be free to set a higher age limit. An obvious strategy would be to harmonize the age of use with the age for alcohol in a province. Provinces may wish to have a higher age limit, as there have been concerns about the effect of cannabis on the development of young people up to the age of 25.

I was talking to a friend the other day who is in his forties now. He said that when he was young, he used a lot of marijuana, and it really affected his memory. It really affected his development, so he was pushing me to make sure that I stated that it would be better to have a higher age limit.

The bill would allow for punishment of up to 14 years in prison for any adult providing cannabis to a minor. Some may consider that overly harsh, yet it is the same punishment for producing child pornography or attempting to leave Canada to commit terrorism.

What the bill does not spell out clearly is what the tax structure for marijuana sales would look like and how taxes would be shared with the provinces. The tax system would be important. It would be best to keep taxes low enough so people were not tempted to buy from the black market, from gangs and organized crime, but high enough to generate important funds that could pay for programs generated by this legalization process, such as public health education, particularly on drug and alcohol use, and addiction treatment and health research.

In my riding, and I am sure across Canada, there are several programs that help people with drug and alcohol addictions regain their health and return to their families with whole lives. However, all the programs in my riding are struggling for funding. They could do so much more if they had the necessary resources. I assume, again, that this is the case across the country.

This would be an important goal of any tax measures around marijuana, in my view. I think we need to generate proper funding for programs that deal with addiction prevention and treatment.

Research on the health effects of cannabis, both positive and negative, are very poorly known. This is, in part, because marijuana has been illegal for almost the past century. Canada could play an important role in elucidating these effects.

I have met many people across my riding who use cannabis for medical purposes, for the relief of pain, for insomnia, and to reduce seizures. Many of them have had to experiment with dosages themselves to find out what works for them. We really need research to give us a better idea of what dosages, what ratios of CBD to THC, work best in each circumstance. The legalization of marijuana, combined with a revenue stream specifically for health research on its effects, would be very beneficial.

To conclude, I would reiterate that I support the bill at second reading. I trust that the committee will do its due diligence to answer some of the many concerns of Canadians, many of which we have heard here today. We certainly cannot go on with the status quo. I think Canada could play an important role in the world as it does this important work.

Second Reading

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, I would underscore, first, that Bill C-46 is the legislation that actually relates to the testing for being impaired by drugs that will be before this House.

However, the member opposite should rest assured that we will dedicate all the resources required to ensure that road safety is not jeopardized and that persons are not made more vulnerable by the legalization, regulation, and restriction of cannabis in this country under the legislation. The safety of Canadians is always of paramount concern for our government.

Bill C-45—Time Allocation Motion

[Jody Wilson-Raybould, Liberal, Vancouver Granville, BC]

Mr. Speaker, I completely reject that accusation. Of course we care about the health and safety of Canadians. That is the whole premise and the basis upon which we are putting forward this legislation to legalize cannabis, to strictly regulate it, and to restrict access it to ensure we keep it out of the hands of children and the proceeds out of the hands of criminals. There is nothing in the legislation that makes it legal for a young person to gain access to marijuana.

With respect to drug-impaired driving, I am very proud that we have introduced, as a companion piece, Bill C-46, which is, and will amount to if passed through Parliament, one of the strictest impaired driving regimes with respect to drugs and alcohol.

Cannabis Act

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Mr. Speaker, I wrote an entire speech, but listening to everybody debate this, listening to some of the questions that have been asked by some of our Liberal members, I feel it is really important that we have the conversation and not just look at some of the talking points or things of that sort. As with everything I do, I come here as who am I, and that is a mom of five.

I will talk about the way I parent. I wish I knew exactly the riding of the member over there with whom I ride the bus. Every time I have a question about cannabis, I just ask that former chief of police everything I need to know. I do thank him for always having those respectful conversations with me and answering every question I have ever needed to ask. I would like to put that on the record.

We talk about cannabis and what we have to look at for our kids. Whether we are calling it weed, doobies, blunts, reefers, or all of those other words we have heard, we really have to look at how we are approaching this. It does really concern me because I believe that the legislation—is it right or wrong to do this legislation? It is not the choice I have, but what are the parts in this legislation I cannot agree with?

I will be honest and put all my cards on the table, because I think that is what Canadians are expecting from us. I believe in decriminalizing cannabis. That is something we should look at. I think that is because I have those sit-down family discussions with my kids, with my nieces and nephews, with my parents, because I think the biggest thing we need to recognize is that it is out there, and what can we do that is better to serve?

I will not say that decriminalizing makes it right, because I do not believe it is the right thing, especially when it comes to our youth. Therefore I want to talk about parts of the legislation that really do need to be tweaked, because we are harming children if we think this legislation is right.

There are two parts of this legislation I looked at. One has to do with the age of ability to purchase. As I have indicated, with five children, my youngest is 14 and my oldest is 23 years old this year. My 23-year-old, my 21-year-old, my 20-year-old, and my 19-year-old will all be eligible, as of July 1, 2018, to purchase marijuana.

I will not tell my children's stories, but I have seen first-hand what happens after marijuana use. Whether they see grades drop by 30% or attendance go from perfect to nothing, parents are having to deal with these challenges each and every day. When we talk about it, I want to make sure the government is listening.

We have talked about what happens to children who have smoked marijuana. The Canadian Mental Health Association has talked about the formation of the brain, and I am really concerned. As the member for Kamloops—Thompson—Cariboo mentioned, children's brains are not developed until age 25, and what is said is fair, but we had a task force saying it should be 21 years old and now we have legislation to make the legal age 18.

I will put it on the record, because I believe the only reason it is at age 18 is that is the age at which a person can vote. I think this is a vote-seeking motion, and I am really angry about that. Other members may not be, but I have the right to say this, because as a parent of five, I am very concerned that the government is not taking into consideration what will happen to our children. I ask parents to sit down with their kids and start talking, because that is not what we are doing here.

I decided to take this conversation to my family, so I sat down at Easter. When we were all supposed to be celebrating Jesus, we talked about marijuana, because I needed to hear from the people who knew best, my nephews and nieces, my sister who is a high school teacher, another sister who is a principal in elementary school, my brothers-in-law who have careers, and my sister-in-law who has worked so hard when it comes to understanding, and she actually goes out to counsel families.

I had to bring this down to what it really meant. The moment I said that my son Christian, who is 14 years of age, would be able to possess marijuana with no charges, the conversation took a totally different turn, because we all want to protect Christian because he is 14 years of age.

However, we have to understand that this legislation would not really do that. We have children who will be in grade 9 and will be in high school with people who will be 18 years of age, able to buy this, and then the next thing we know, here we go, have a good weekend. Did we not think this would happen? That is what really frustrates me. Let us get it right. Let us sit down and talk to our 14-year-old children and ask ourselves if we want our children to be able to possess marijuana without being charged. Do we want them to know that this is right or wrong?

I am also very concerned that we are looking at the medicinal use of marijuana as well, when it comes to when people use it. I am a huge supporter of medicinal marijuana because I have seen people and I have lived with someone who has been on OxyContin. I can say that it has negative effects. Therefore, for years, I have advocated for medicinal marijuana. I am very scared that when we legalize marijuana for all Canadians and open it up and say they can get it at 18, we know our 12-year-olds are going to get it, for sure, as well. Let us be honest.

Are we going to stop funding important research that needs to be done so that the people who are using medicinal marijuana are getting the proper strains they need? I am very concerned that we are not going to do that. We will say we have legalized it, and we are going to use the science for all of this other kind of stuff, but are we going to make sure that the people who need it the most, who have been using medicinal marijuana for the last number of years, are going to get the proper care they need? Therefore, I want to ask the government if it is going to continue to invest in the research on medicinal marijuana.

I was very happy when I was here listening to the debate yesterday and the day before on Bill C-46, which truly intertwines with this bill. I heard one of the members from the other side comment on the zero tolerance, so I am going to mix in this part as well.

We have to understand that, if people are using marijuana for the first time, the reaction they have is going to be extremely different from that of people who have been daily smokers for the past 20 years. However, we are saying this is how we are going to take it, and if they have so many grams we will take them in and process it and check the THC levels. Let us be honest here. If people have had marijuana for the first time and get behind that wheel, it is a hazard. It is unsafe. They are going to kill themselves or another person. We have to be sure we are putting the safety and security of Canadians first.

I do not believe that Bill C-46 goes far enough, but I am happy that we are going to go back to debating it.

I am going to go back to my family, and we are going to talk a little more about kids. We have heard time and time again from the Canadian Psychiatric Association, the Canadian Paediatric Society, the Canadian Medical Association, or counsellors who have dealt with cannabis for a number of years, and we know that we are opening up a Pandora's box.

I am very concerned with this because I do not think that we actually have all of the tools we need in place. I was really happy to see budget 2017 come out with $5 million for education. However, as many of my colleagues have said, we are educating them when the horse is already out of the barn. We are putting the cart before the horse. This is very simple. People are going to be educated about cannabis after they have started smoking it. Let us be honest here. Should we not get it started by having the education for our teachers, our parents, and our children, to make sure they know what they are getting into? It is a safety warning, but we are going to put the safety warning on after they have inhaled.

It was really interesting listening to some of the members also talk about tobacco and how we have stopped doing things. My former boss is part of the tobacco transition fund. My community, and the five communities in southwestern Ontario, were huge in the tobacco industry. We know there were some really good campaigns out there. Of course we did see a number of adults who continued to smoke, but older people were beginning to quit. Those were some things we saw as well. We know that campaigns work. Therefore, I am asking the government why it is putting a campaign about combustible cannabis out after the fact.

I do not understand that. If we are trying to teach people about the problems with marijuana, why would we not be teaching them right from the start? We know that putting combustible things in our lungs is bad for us, just like tobacco. When are we going to do the education?

I am so fearful that the government is so pressing on this, wanting to get it through by July 1, 2018, that it is going to forget about Christian, Garrett, Hannah, Marissa, and Dakota, my five children. It is going to forget about everybody else's children, because it is more concerned about getting this legislation through, because Liberals want to keep a promise they made during the 2015 election.

I know there are some very good MPs over there. I am pointing at him. I hope and I plead with him, as a former police officer, to know that as a parent, I need to make sure that the government is going to protect us. This is something that goes through regardless of whether we like it our not. There is majority government. I beg the government to know my children are relying on it. The safety of our communities is relying on it. Do it right. Do not do it fast.

[Mark Holland, Liberal, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, it gives me pleasure to rise on this bill, particularly given the fact that the policies that pertain to cannabis have been nothing short of abject failures.

We have, over successive decades, let our young people down. In fact, if we look at the numbers, for the cohort from 15 to 19, there is a 21% prevalence in the use of cannabis. If we go the next cohort up, 20 to 24, it is 30%. It represents the highest level of cannabis use by young people on the planet. In fact, one-third of young people will try cannabis before the age of 15.

I know I have heard many times from members opposite that they are concerned about cannabis being in the hands of young people. The problem is that it is already happening, and it is already happening at higher levels than it is happening anywhere else on the planet. The only way we can categorize being dead last on the planet is as a failure, and certainly to me it speaks to the need to do something differently.

We cannot be ostriches on this. We cannot bury our heads in the sand and pretend the problem does not exist. It is not just our young people who are being let down. We spend $2 billion to $3 billion in the enforcement of these failed laws. About $7 billion or $8 billion of profit goes to illegal organized crime organizations that fund illicit activities. Having been on the Police Services Board in Durham region, and seeing the impact of grow-ops and the danger our front-line officers are placed in when trying to enforce these disastrously failed policies, I know first-hand just how much this change is needed. It is time to stop play pretend. It is time to stop ignoring this issue and to finally do something about it.

I look at the example of my time at Heart and Stroke, where I was the executive director, and what we did with tobacco. We targeted tobacco, and through a sustained effort of denormalization and public intervention, took prevalence rates among young people of well over 50% to half the level of where cannabis is today. Here is cannabis, an illegal substance, double that of a legal substance.

The example of what we did in tobacco with those campaigns on denormalization offer an excellent path for us to move forward. We know we have two objectives at the front of our minds. Number one is to keep cannabis out of the hands of young people, something we have done an abysmal job of doing to date. It is a total failure. Number two is to dry out the billions of dollars in illicit profit that is flowing to criminal organizations. If those are the two markers we want to go for, the bill takes us a long way in that direction.

I want to thank the task force on cannabis legalization and regulation, headed by the Hon. Anne McLellan, and the incredible work done by experts in public health, justice, policing, public safety and substance abuse, and mental health who came together and were instrumental in creating the bill. It would now make cannabis legal for adults. Thirty grams dried, either for personal use or to be shared, would be legal. Small quantities would be allowed to be grown, so if individuals wanted to grow marijuana, they would be able to do so. They could have four plants no higher than one metre in height per residence.

At the same time as we bring in that regime to legalize it for adults, we would bring in very strict regulations to keep it out of the hands of youth. That is particularly important, because the research shows us that cannabis is most deadly and most concerning for young people and their mental health. We will obviously have to invest in public education campaigns and the type of denormalization efforts we had for tobacco.

On top of that, for the first time, the bill would make it a criminal offence to sell to a minor. It would create severe penalties for anyone who engaged youth in cannabis-related offences. Very importantly, it would block marketing and advertising to children, something we should have done from day one when dealing with tobacco.

To make sure that a young person who makes an error is not burdened with a criminal record that would, frankly, wreak havoc on their later life—and unfortunately we see that all too often—minors who are caught with an amount under five grams would not get a criminal record.

Make no mistake: this bill would target full force the use of cannabis by young people. It would come down like a hammer on anyone who would seek to sell to or use young people, under an age determined by the provinces, in the conduct of anything having to do with cannabis.

On the supply side, this legislation would also bring in a number of important measures. One of the big concerns with cannabis today is that people who are purchasing it have no idea what they are getting. They do not know the level of THC or if anything else has been cut into it. The bill would ensure that the supply was safe, that it was securely cleared, and that it was federally licensed. For adults who make the decision to use it, the bill would ensure that it was done in a way that causes the least amount of harm.

Concurrent with this bill is Bill C-46. While that is a different bill, it is very important to mention that the two would work in tandem with one another.

Some have asked about driving impaired, as if the problem does not exist today. The problem, unfortunately, does exist today, and law enforcement has been given no tools to deal with someone who has been driving under the influence of drugs, not just cannabis. We know the deadly impact of impaired driving. We have made great strides in dealing with the impact of alcohol. Bill C-46 would go even further. It would make further advancements in public safety when it comes to drinking and driving.

Bill C-46, for the first time, would set up a regime. The government would be providing resources to ensure that law enforcement had the ability to recognize and charge anyone who was driving high. That is an important part of the fabric of this bill.

I want to state in closing that the balance in public safety between, on the one hand, ensuring that illicit, dangerous substances are kept out of the hands of people generally, and on the other, ensuring that when the regime we have is not working we find a different path, is incredibly important. What we are seeing here with respect to cannabis is that appropriate balance. We are making sure that young people are protected. We are making sure that we keep cannabis out of their hands and that we have robust education to tell them about the damage cannabis can do to a developing mind. On the other hand, we are looking at the fact that existing policies have been complete failures. When almost a third of the population is using it, it is time for a different approach.

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I want to commend my hon. colleague for his remarks, but I do think he seems to be confusing two very basic concepts. One is on the need to safely and strictly regulate cannabis, which we propose to do with Bill C-45, and the second is the need to safely regulate our roads and keep our roads safe. It is important that we disentangle those two concepts.

I think the member will acknowledge, by taking a close look Bill C-46, that we are increasing sentences for certain offences, we are creating new offences which actually help police officers to charge drivers who are mixing drugs and alcohol, and we are proposing to introduce mandatory road screening. All of those measures are why MADD, an organization that my hon. colleague is very familiar with, is very supportive of Bill C-46. If MADD can get behind Bill C-46, why can my hon. colleague not get behind it?

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, I rise again in this House to speak about Bill C-45, the cannabis act. One would think that once would be enough for a member to stand in this House to speak about it, but it is not. Bill C-45 is flawed. I am appalled that the Minister of Justice would present such an ill-prepared bill and arbitrarily force it on Canadians.

Last night I sat in on the debate on Bill C-46, which deals with impaired driving. If people are going to get high over Bill C-45, I can only say it is not going to happen with Bill C-46. One tends to get depressed dwelling on it.

The Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and I are both former police officers with similar years of service, he an urban city police officer and myself a rural RCMP officer. My hon. colleague must be having difficulty over his party's two bills, and I really feel for him. Making marijuana legal in Canada is wrong. It is simply wrong. Those members across do not understand.

The 2016 report on legalization of marijuana in Colorado should have stopped the Liberals in their tracks, but it did not. Here are some simple facts. We heard a few of them earlier.

Traffic deaths have increased 62% since 2013. That was people using marijuana, by the way.

Use of marijuana by youth increased 20%, yet the American national average declined by 4%.

Do members know that in Colorado youth are ranked number one in the use of marijuana overall in the United States? If we go back to 2005-2006, they were ranked 14th. The education really worked well.

However, let us not blame the youth. Adult use is up 17% in Colorado since they brought the legalizing legislation out, and it has only come up 2% nationally.

Also, adults in Colorado are the number one users in the United States, but if we go back to the same years I mentioned with the younger people, in 2005-2006, they were only number eight. These numbers scare me. They are high.

Did members know that Colorado's adult use increased 63% in the first two years that marijuana was legalized there? That is 42% above the rest of the U.S.A.

I wonder what was causing their numbers to get higher. Oh, yes; maybe it was marijuana.

Did members know that the state of Washington has very similar statistics since it has legalized marijuana?

I have said it before and I will repeat it again. I spent 35 years watching the growth of marijuana use in western Canada from its infancy to what we see today.

Maybe a story or two may help convince our Liberal friends across the way. We all know about second-hand smoke. It is not good. I am just going to give members a scenario.

A group of 18-years-olds went out for a night to some community 100 miles or so from their town. Billy is the driver. He is the designated driver, because Billy does not drink, he does not use marijuana, and he does not use drugs. His carmates are Ralph, Jody, Jane, and Justine. Members might recognize some of these names. I am just using them for certain purposes.

They all celebrated for the night and smoked up a portion of each of their individual 30 grams of marijuana. They continued to do that as Billy drove them home, which was a two-hour drive back to their community. However, what happened was that 15 minutes from home, Billy overcorrected on a sharp corner and lost control, and the vehicle rolled. Billy had not noticed that their speed was at 150 kilometres per hour. None of the five made it home that night alive.

Most people would think that maybe Billy was an innocent person, but the smoke probably made him disoriented. We have not looked at that. The government has not talked about it. I am sorry to be so cynical and depressing, but that is the reality that this legislation will create in this great country of ours.

I have heard people talk about how the legislation will protect our children from organized crime. Well, if I was a drug dealer, all of my street people would be under the age of 17, and I would make sure they never carried more than five grams on their person. It would be a pretty safe way of doing business. That is the shocking part of it. The government has not thought about that.

While I was waiting to speak here, I read a story about an accident that happened in Colorado. It seems strange that it would happen there. A 20-year-old man was turning right on a red light. At the same time, an eight-year-old girl was crossing the intersection with her father. He ran over that eight-year-old girl, and she died under the right and left wheel of his F-250 Ford pickup truck. Actually, the driver never even noticed what he had done. It was only the waving of the father's arms that made him stop. The police arrived and tested him under the procedures that the government is talking about, a legal testing device, although we still do not know if that will be approved. The government is talking about it. We do not know what it will be calibrated to or what the legal limit for THC will be. However, in this particular case, the THC level was at 1.5, which is below Colorado's legal limit of 5.0. However, this person was still charged with impaired driving because the specialists—whom we so lack in this country—came to the scene and were able to verify and prove that this young man was impaired by the drug even though he was substantially under the limit set by the law.

The shocking part of all of this is that this young man was 20 years old, weighed 195 pounds, was on the varsity football team, was in the prime of his life, yet he was so impaired that he did not realize he had driven over a young girl, and he was at less than one-third of the legal limit.

Just imagine, Mr. Speaker, if it was you and your daughter, and the guy driving the vehicle weighed 120 pounds. What would he be at?

I have appeared in courts in British Columbia and given expert evidence as to the effects of alcohol consumption on an individual. I was a breathalyzer operator for over 20 years, and I know how it affects a person and how it is dissipated in a person: the lighter the weight, the greater the effect. However, I do not want to dwell on that too much.

Let us just take a look at one of the most recent studies done in the state of Washington, which states:

The percentage of drivers involved in fatal crashes who had traces of marijuana in their blood has doubled since marijuana was legalized in Washington state....

That has just recently come out.

The researchers also found that 70% of the drivers who failed these sobriety tests and whose impairment was attributed to marijuana by drug recognition experts still had blood levels of THC lower than the five nanograms, which is the level in the state of Washington.

I apologize for doing a bit of shock therapy, but I am appalled by the lack of common sense that I see across the floor, and people bringing legislation out when history shows us what is happening. I do not want to see that happen to my kids, my grandchildren, and my great-grandchild, who was just born.

[Celina Caesar-Chavannes, Liberal, Whitby, ON]

Mr. Speaker, I would like to thank my hon. colleague again for his work on this file, and in particular for coming to Whitby and talking to our municipal leaders.

We have taken a comprehensive approach to the legalization of marijuana with Bill C-45 and also with Bill C-46 to ensure that our communities are safe, to ensure that drugs stay out of the hands of children, to ensure that the packaging is done in a way that does not promote the use of marijuana, and to ensure that it becomes illegal to sell or use children to sell or promote the use of cannabis.

Having the community involved in this discussion and present questions is critically important. I thank the parliamentary secretary for his duty in doing so.

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

Mr. Speaker, I would like to thank the member opposite for his hard work on the justice committee. He always brings a very important perspective and energy to that work, for which we are grateful. As he was talking, particularly about some of the impaired statistics that he referenced from Colorado, I was reminded of the tendency of some people to use statistics much as a drunk uses a lamppost, far more for support than illumination.

As an example, the member suggested that in the year following the legalization, without regulation of cannabis in Colorado by the way, there was a significant increase, 62%, in the detection of impaired drivers. I would simply remind him that the year before that he is comparing that to, there was no technology or training available to the police in that jurisdiction to detect that substance. We saw that when they were given the ability to detect—as we dealt with in part yesterday as we discussed and passed Bill C-46 for second reading—and when we give law enforcement the tools, the technology, and the training they need to detect this, they will be far more effective in its reduction.

I would also point out that in that same period of time since the legalization of cannabis in Colorado, and this is a correlation and not necessarily a causative relationship, we have seen overall impaired driving drop by more than 50%. We have seen a 10% reduction in crime overall, and a 5% reduction in violent crime in that jurisdiction.

I wonder, in reflection of the fact that when we give the police the tools they will actually be able to detect this offence—and that is the work we have been doing—if the member might agree that we are at least on the right path in that aspect of maintaining public safety.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, these guys think it is so funny, all of these issues. I will tell them something that is not funny. It is called “drug-impaired driving”. That is going to be one of the biggest consequences of the legalization of marijuana.

We know that with legalization, more and more Canadians will use marijuana. If in doubt, one can look to the state of Colorado where, in the two years following the legalization of marijuana, usage of marijuana among adults increased by some 20%. We know that marijuana is going to be used more widely, and that is going to mean more people are going to get behind the wheel drug impaired. In the state of Colorado, the percentage of motor vehicle deaths involving drug impairment increased by a staggering 62% in the year following legalization. Therefore, legalization would mean more injuries, more deaths, and more carnage on our roads.

In the face of that, law enforcement faces a number of challenges. Among the challenges that law enforcement agencies face is detecting individuals on the road who are drug impaired. Bill C-46 would try to deal with that by providing that police officers who have a reasonable suspicion that someone is drug impaired could require a motorist to take a roadside screening test. It would be an oral saliva test that would test for THC.

There are significant questions about whether the test would be reliable and scientific. There are a whole lot of questions about whether police officers would be able to effectively stop someone and test for drug impairment, even though the government is moving full steam ahead with this legislation, for which we are going to see many more people on our roads who are drug impaired. In addition to that, obviously police departments across Canada have to get police officers trained to detect drug impairment. That is complicated. It is a lot more complicated than detecting alcohol.

The number of drug recognition experts in Canada is around 600, according to the Canadian Centre on Substance Abuse and Addiction. The capacity required in the face of the government's legislation, which again the Liberals are moving full steam ahead with in a year, is around 2,000. There is a lot of work for law enforcement to do. On those two issues, police departments across Canada have to acquire new roadside screening devices, and they have to train police officers to detect drug impairment. Training, by the way, costs on average about $20,000. We are talking about significant costs.

What is the government doing to help police departments across Canada get the equipment and get police officers trained? The answer to that is zero, zip, nada, nothing. I see that as an abdication of leadership, and it is the absence of a plan from the government. Indeed, about the only plan that the government seems to have is that July 1, 2018 date. It is an arbitrary timeline, a rushed timeline. It is a problematic timeline given the amount of work, the amount of planning that is involved in terms of implementation and enforcement of this legislation.

The costs to the provinces and municipalities are going to be significant, and we see no commitment at this time from the government to work with the provinces to help them move forward with the costs of implementation and enforcement. Instead, the government members would just like to take political credit, to say they actually kept an election promise. Imagine that. Now that they can pat themselves on the back and take credit for keeping at least one election promise, provinces and municipalities will bear all the costs, do all the hard work, and the Liberals will wash their hands of it. That is just unacceptable. It is why we heard so many concerns raised by the provinces and municipalities.

We say in closing that what we have from the government is a lack of a plan. At the end of the day, if this legislation is passed, it is going to mean that our kids are going to be less safe, motorists are going to be less safe. Frankly, all Canadians are going to be less safe, and it why this legislation needs to be defeated out of hand.

[Doug Eyolfson, Liberal, Charleswood—St. James—Assiniboia—Headingley, MB]

Mr. Speaker, it is an honour to rise and speak in support of Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts.

At its core, Bill C-45 would allow individuals above the minimum age of 18 to purchase cannabis from a licensed retailer and possess a maximum of 30 grams. This legislation would also allow for home cultivation with up to four plants per residence and would ensure that access to cannabis for medical purposes would be maintained.

The bill has three specific objectives. It would create a legal and regulated market for cannabis to take profits out of the hands of criminals and organized crime. It would protect public health through strict product requirements for safety and quality. It would impose strict serious criminal penalties for those who would provide cannabis to young people.

When marijuana was criminalized in 1923 under the act to prohibit the improper use of opium and other drugs, the reasons that possession, manufacturing, or purchase of cannabis should be illegal were hardly debated. As parliamentarians, it is our obligation to debate to the best of our ability the critical issues facing Canadians in this important institution and to create the laws that protect them and their inalienable rights. Today, we can have the debate that never occurred in 1923.

The prohibition on cannabis has failed. It victimizes ordinary Canadians and it emboldens criminal elements in our society. The current prohibition on cannabis disproportionately targets minority groups in Canada and has altered the lives of individuals who received a criminal conviction for carrying a small amount of marijuana, including lost employment opportunities, immigration issues, social stigma of being branded a criminal, and imprisonment. It is worse than the problem it was designed to protect us from.

Our government acknowledges that the current prohibition on cannabis does not work, and now is the time to take an evidence-based approach.

As an emergency room physician, I have seen many tragic things. This includes the effects of prohibition on Canadians. The effects that I have witnessed range from organized criminals targeting citizens to instill fear in a community to the murdering of competitors to protect their profits to the killing of innocent bystanders. This is the impact of prohibition that I know and I have seen.

Just as an aside, during my time in the emergency room, I have resuscitated patients who have overdosed on opioids, cocaine, and alcohol. However, never have I had to resuscitate anyone who was only under the influence of marijuana.

The only true beneficiaries of prohibition are the criminals who profit from it. Much like the prohibition on alcohol in America in the 1920s, organized criminals continue to see a lucrative opportunity in today's prohibition. By legalizing and regulating cannabis, we can take revenue away from those who terrorize communities and take loved ones away from their families.

I understand that many people have concerns about this legislation and our youth. Everyone in the House, me included, is concerned about young Canadians using cannabis. However, right now it is easier for children to acquire marijuana than it is for them to acquire tobacco or alcohol, with our youth having some of the highest rates of cannabis use in the world. Drug dealers do not ask to see identification or verify someone's age. When we regulate a product like we do for cigarettes and alcohol, we can restrict its usage to persons above a certain age and ensure there are consequences for those who provide it to them.

The legislation would create two new criminal convictions: giving or selling cannabis to youth and using youth to commit a cannabis-related offence. This legislation would do three things to protect children. It would create a minimum age of 18 years for the purchase of cannabis although the provinces and territories have the right to increase this age. It would provide for public education and awareness campaigns of the dangers associated with cannabis. It would require childproof packaging and warning labels.

The bill would also prohibit product and packaging that would be appealing to youth, selling cannabis through self-service displays or vending machines, and promoting cannabis except in narrow circumstances where the promotion could not be seen by a young person.

At this moment, there is no product safety in the recreational cannabis market. Cannabis sold by organized criminals could be laced with harmful pesticides or herbicides or other dangerous drugs. I am keenly aware of this because I have treated patients who smoked cannabis but were not aware that it contained something else.

The legislation would protect consumers of cannabis by implementing industry-wide rules and standards on basic things, such as sanitary production requirements, a prohibition on the use of unauthorized pesticides, product testing for THC levels and the presence of contaminants, and restrictions on the use of ingredients and additives. These are minor standards that we hold so many companies and producers of innocuous items accountable for, and for too long there was a product used by many Canadians who were not aware if the product used pesticides, contaminants, or was laced with a dangerous substance. Essentially, consumers had to take organized criminals on their word that what they were consuming was not dangerous.

Our government will be investing additional resources to ensure there is appropriate capacity within Health Canada, the Royal Canadian Mounted Police, the Canada Border Services Agency, and the Department of Public Safety and Emergency Preparedness to license, inspect, and enforce all aspects of the proposed legislation.

One of the concerns that has been brought up to me by my constituents is persons who are under the influence of cannabis and operating motor vehicles, and their concerns are completely valid. Evidence shows that cannabis impairs an individual's ability to drive.

Impaired driving is the leading criminal cause of death and injury in Canada and rates of drug-impaired driving are increasing. In 2015, there were more than 72,000 impaired driving incidents reported by the police, including almost 3,000 drug-impaired driving incidents. That is why our government also introduced Bill C-46 at the same time it introduced Bill C-45.

Bill C-46 proposes a significant modernization of the impaired driving provisions in the Criminal Code and is designed to protect the health and safety of Canadians by creating new and stronger laws to deter and severely punish impaired driving. The legislation also provides law enforcement with the tools and resources it needs to improve detection and prosecution of impaired driving.

Bill C-46 proposes to strength law enforcement's ability to detect drug-impaired drivers by authorizing the use of roadside oral fluid screening devices. Canadian police forces have tested devices designed to detect cannabis, as well as other drugs, in a driver's saliva. Police have been asking for these resources, and we will deliver.

There have been concerns that this legislation will lead to widespread cannabis use. In fact, there is already widespread cannabis use in Canada and rates of usage among youth and adults are higher than other jurisdictions that have legalized marijuana. Our society is dealing with a myriad of problems due to cannabis, but most of them are in fact caused by its prohibition.

This legislation will take revenue away from organized criminals, implement, for the first time in Canada, safety standards, actually solve many of the problems, and make it harder for our youth to acquire marijuana. The legislation will make Canada a safer place for all.

[Joël Lightbound, Liberal, Louis-Hébert, QC]

Mr. Speaker, I always have a hard time believing any Conservative member who begins by saying that he or she wants to ask an objective question. However, this time, I will take the member at his word. I appreciate his question. I think that he is quite sincere. I really like working with him. To give him a simple answer, I would say that the approach that we are taking in Canada is based on the successes and mistakes that we have seen in other places. We set up a working group that considered the issue. It went to see what was done in Colorado and learned from the mistakes that were made there. What sets Canada apart is that we are the first jurisdiction to adopt a public health and safety approach.

I encourage the member to read Bill C-46 to see how we are going to give police officers the tools they need to detect the presence of cannabis and what penalties we are going to make available to prosecutors who go after offenders. The member will see that any Canadians who currently believe that they can get behind the wheel after using cannabis will find out that there is no impunity. There will be zero tolerance for those who exceed the limits and we are going to provide the tools to ensure that anyone who has the bad idea of getting behind the wheel after using cannabis will risk being severely punished.

[Mark Warawa, Conservative, Langley—Aldergrove, BC]

Mr. Speaker, it is a real honour to speak in the House again. I spoke last night to Bill C-46, and tonight I will speak to Bill C-45.

I will be sharing my time with the member for Bellechasse—Les Etchemins—Lévis, who introduced Bill C-226, which dealt with impaired driving. The Prime Minister, interestingly, provided a letter to an organization made up of people who had lost loved ones to impaired drivers. They have asked for tough legislation, with mandatory minimums. The Prime Minister signed a letter prior to the election promising to introduce legislation with mandatory minimums, and Bill C-226 was that bill. Sadly, the Prime Minister has broken another promise by not supporting it.

The legalization of cannabis in Canada is being proposed through this bill, Bill C-45. Bill C-46 deals with the new impaired drivers who are expected to be on the road.

I listened intently to the justice minister and members on the other side, made notes, and tried to summarize what they were saying over and over again, which is to trust them and that they want to keep cannabis out of the hands of children, young Canadians, and organized crime. That is their motive.

This bill is being rushed, rammed through, with a promised end date of a normal two-year process. It will not be a two-year process. It will be ready and in place by July 1, Canada Day, of next year. Why the rush? Why are we telling the Senate, the new appointed, independent senators, that they must rush this through?

Why are we ignoring science? The government said it consulted thousands of Canadians. A parliamentary secretary of the government is a former police chief and clearly had a position that legalizing marijuana would not take it out of organized crime. Why the about-face? Why the one-eighty? We also saw the finance minister do an about-face on old age security once becoming a member of the government. It appears that the Prime Minister has an agenda to keep this as his number one promise: to legalize marijuana and to do it by July 1 of next year.

Is there truth behind the claim that it will keep cannabis out of the hands of children and young Canadians? What are the Liberals proposing? They are proposing that every household, including households with children, will be able to have four producing plants, and we know that four plants means 12 plants. There would be four producing plants up to a metre tall, then four plants that are halfway toward that, and plants that have just been planted so they can start growing and get ready for being harvested. We know through the medical marijuana program that four plants means 12 plants. Every home across Canada could legally have them. Is that going to keep cannabis out of the hands of children? A reasonable person would say no, that does not make any sense.

Youth aged 18 and older would be able to legally possess up to 30 grams. What is 30 grams? It is 60 joints. Right now, if Canadians are found with 60 joints, or 30 grams, in their possession, are they criminalized? I am sure many of us have spent time with the police and have seen how they handle illegal drugs. Are people stuck in jail and criminalized? No, the drugs are confiscated. Under Bill C-45, the drugs would not be confiscated anymore. People would be allowed to legally walk around with 60 joints in their pockets or backpacks if they were 18 and older. How about the 12-year-olds up to 18? They could have five grams legally. That is what is being proposed. Is that keeping it out of the hands of our children? Absolutely not.

There is a proverb, a wise saying, “A tree is known by its fruit.” What kind of fruit are we seeing in making it easier for children to have access to this? There are many situations where children do not have access to it. They now will have access to it.

Will it take it out of the hands of organized crime? According to the parliamentary secretary, a former police chief, no, it will not. According to experts, police, and people with law enforcement backgrounds in our caucus and in other caucuses, it will not take it out of their hands. Right now it is illegal. What is illegal now will be made legal. That is how they are dealing with the illegality problem. Organized crime will still want to make its money in some way.

We now can have 12-year-olds to 18-year-olds running around with five grams, 10 joints. It will be totally legal. It will not be confiscated. Eighteen-year-olds and older will have backpacks full of joints.

The government is saying that a majority of Canadians believe it should not be a criminal offence for youth to have cannabis. The option would be to decriminalize it. That has not been a proposal presented by the government. It would legalize it and make it available. People can grow it in every home. Children can have it in their possession legally, and it could not be confiscated. This is not what Canadians expected from the government. This has gone far beyond what is reasonable.

The government has also said that this new legislation is based on science and consultation. However, the consultation they received from law enforcement is that this is flawed. It will restrict their ability to take it out of the hands of children. It will restrict the opportunity to deal with children and say, “You cannot have this. This is bad for you.”

Science has said that it is bad for them. We have heard it time and again. The Canadian Medical Association has said that this is harmful for developing minds. The government is saying, “It may be, but we do not want them to have a criminal record”, which they are not going to get anyway. It will be confiscated.

What is being proposed by the government is not based on science. It is based on politics. It is based on political promises made during an election.

Will this make Canada safer? Will this help protect the health and safety of Canadians? Absolutely not. A reasonable person will say that this makes no sense. Why are they going ahead against science, against law enforcement, and risking the health and safety of Canadians?

I do not have time to get into the issue of road safety, with all these new impaired drivers on our roads and the cost to train police officers and the drug recognition experts, the DREs. There are no devices to determine whether a person is impaired. They could have these little strips that will indicate that there is marijuana in a person's system, but they do not determine whether there is impairment. It is going to be very difficult to get people who are truly impaired off the roads. We do not have the policing resources. What we have is legislation, Bill C-45, being rammed through by July 1 of next year, with no enforcement, no funding, no preparation, and no equipment to protect the health and safety of Canadians. I am shocked that the government is doing this, and I think Canadians are shocked too as they listen to this debate.

This will go on to the justice committee. It will be interesting to see whether the government is open to any amendments, because what it is proposing does not make sense. Canadians do not support this. They support taking time to do this right. I hope the government is flexible enough to listen to common sense, to be reasonable, and to base something on science that will be good for Canada and will truly protect our youth.