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.

Criminal Code

[Len Webber, Conservative, Calgary Confederation, AB]

Madam Speaker, all of the presentations at committee on this subject have been made, but I encourage the member to read the Hansard of the committee to see what was said. It clearly indicates that there is deep concern among police associations throughout Canada and many others, including the Canadian Medical Association, about impaired driving. I could list more than 100 presentations made at committee that clearly identified that impaired driving was a serious concern and that we needed to take our time in looking at this legislation. It is being rushed. The Liberals are rushing it. We need to look at it. We are not dragging our feet on this side, as the parliamentary secretary said earlier. We are concerned about Canadians and the increased death rates that may result from this legislation's becoming law, apparently, on cannabis day. It is a shame.

[Tracey Ramsey, NDP, Essex, ON]

Madam Speaker, the Conservatives' law-and-order approach over the last 10 years has not worked in Canada. Impaired driving charges actually went up under the Conservative government. Despite the longer sentences that were introduced in 2008, Statistics Canada noted in 2011 that “The rate of impaired driving increased for the fourth time in five years...and was at its highest point in a decade.” We are dealing with systems that have not stopped this level of impaired driving in Canada.

The member talked about testing and I heard Conservatives in the House today talk about the fact that there are no good tests for marijuana-impaired driving. MADD Canada has endorsed the idea of per se limits, but I wonder if the member agrees with me that testing and per se limits should be based on a scientific approach.

[Len Webber, Conservative, Calgary Confederation, AB]

Madam Speaker, absolutely we need proper testing equipment, scientifically proven and tested, that will accurately detect whether or not a driver is impaired by drugs. Right now, we do not have that in place. Therefore, why are we moving ahead with legalizing this drug when we do not even have the proper testing equipment in place for police officers around the country to determine whether individuals are impaired?

One important thing we need to do right now is to educate the public and individuals who tend to like to drive while impaired. You stated that the levels of impaired driving have increased since the Conservative government put in place harsher punishment for those individuals, and that may be the case, but I believe that we need to educate society and these individuals even more than we are now. We need to tell them that dire consequences will occur if they are caught driving impaired.

[The Assistant Deputy Speaker, Carol Hughes]

The member directed some statements to the member and I want to remind him that they are to be addressed through the Chair.

Resuming debate. The hon. member for Chatham-Kent—Leamington.

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Madam Speaker, it is a privilege to speak to Bill C-46. We have discussed the proposed legislation at length here. The bill introduces new and higher mandatory fines and maximum penalties for impaired driving crimes as well as mandatory alcohol screening at the roadside.

The Conservative Party supports measures that protect Canadians. However, we are concerned for a number of reasons, one of which is that the police, municipalities, and premiers are not prepared for the legislation that would be enacted, and I am referring to Bill C-45.

This is good legislation insomuch that it would increase fines and the penalty for impaired driving would be less of something that people generally who are driving would consider. However, some serious complications have ensued.

I want to take us to the very heart of this legislation, which is Bill C-45, the legalization of marijuana bill. What does that entail? For starters, it means that 18-year-olds in this country would legally be able to purchase and legally be able to indulge in smoking marijuana.

There has been a lot of talk about this proposed legislation. There has been a lot of talk about what the bill would do. I would like to bring to the House's attention a recent poll in the Vancouver Sun. The question was, “Where do you think people should buy their pot?” Multiple choices were listed. The highest group of people, 82.31%, answered “None of the above. I don't agree with legalization”. If we are hearing that this is what people want, it certainly does not reflect what we are seeing at the polls. The number dwindles down from there, shops that sell cannabis, pharmacies, liquor stores, etc.

I was pleased to hear from the member for Steveston—Richmond East the same news as was contained in the Vancouver Sun, that the federal government will not move ahead with marijuana legalization if it is not ready. It is good to hear that members on the other side are starting to talk this way. The member further said, “The concerned group is right. Things are not ready yet. We are still in the process.” We are looking for more of that encouragement from members on the opposite side. It is a step in the right direction, but it is a long way from where they should be.

I have been in this place for 12 years. I have served on a number of committees. Oftentimes when legislation is being proposed or new ideas come up, I always ask: Are there other jurisdictions that we can point to that have had this experience? What have they discovered? What have they learned from their enactment?

I am pleased to say there are a number of jurisdictions, and I am going to cite a few from a study on the legalization of marijuana in Colorado. Colorado took it upon itself in 2013 to legalize marijuana. It had relaxed laws and it continued on in that direction. We must remember that when we legalize marijuana the legal age will be 18, whereas in Colorado the age is 21. I do not have time to talk about that, even though it is an important issue as well.

The Colorado experience was such that it talked about impaired driving and fatalities. Marijuana-related traffic deaths more than doubled from 55 deaths in 2013 to 123 deaths in 2016.

If this foolish legislation, Bill C-45, is passed we are going to hear moms and dads, sisters, brothers, and grandparents asking the Liberals to answer for their situation, for their circumstance, for their pain, since they brought the legislation forward.

Marijuana-related traffic deaths increased 66% in the four-year average since Colorado legalized recreational marijuana. There is more.

In 2009, Colorado marijuana-related traffic deaths involving drivers testing positive for marijuana represented 9% of all traffic deaths. By 2016, it doubled to 20%. On youth marijuana use, we are talking about 21-year-olds. Youth past-month marijuana use increased 12% in the three-year average from 2013-15. In the latest poll, 2014-15, results show that Colorado youth ranked number one in the nation compared to number four in 2011-12. Colorado youth past-month marijuana use for 2014-15 was 55% higher than the national average. We know what is coming down the pipe.

Colorado is one jurisdiction that we can point to, but we can talk about drug usage and what other countries have experienced as well. When we do that, I would like to talk about the Netherlands. I have a little tie to the Netherlands. My parents emigrated from the Netherlands and I have family who live there, so I have a little understanding of what goes on there.

Before I talk about that though, I need to say that although there are some different opinions and different laws in other countries, the current UN treaty forbids countries to legalize or regulate drugs for recreational use. We are a signatory to that. Most countries, with the exception of Uruguay, moved in another direction. Holland tried something different. It tried a two-tier system. It sounds complicated and I would explain that the Dutch have an attitude. Let me quote what Prime Minister Mark Rutte said. He is a hip guy, he is not a stuffy old guy. Mark was the guy who rode his bicycle when the G7 participants went to the Netherlands and President Obama came in with choppers and cars. Mark said during an interview that, “people should do with their own bodies whatever they please, as long as they are well informed about what that junk does to them.” He was talking about marijuana usage.

He went on to say that cannabis legalization of the Colorado model for 21-year-olds, “—where the state taxes and regulates all levels of the supply chain and adults age 21 and over are allowed to purchase weed from state-licensed stores—was out of the question”. He said “if we were to do that, we'd be the laughing stock of Europe.” In relation to the system that they tried to adopt, which would maybe allow some marijuana usage for those with the right to do so, this two-tier system where it is being sold openly but cannot produce it, is complete bankrupt. This is from Jon Brouwer, a law professor at the University of Groningen who specializes in Dutch drug policy. It is a system that is fundamentally flawed, pumping millions into the criminal underworld. Of course, the Liberals insist that this will greatly hinder the underground and the criminal element. We are finding out in Holland, which started to tamper with it, it did not work that well.

I spent some of my time yesterday reading a report by the World Health Organization. I recommend it. It is a great read. It reinforces pretty much everything I have been saying. The health and social effects of non-medical cannabis use is what we have all signed to. I encourage members to read that. I will not be supporting Bill C-45. I think Bill C-46 is moving in the right direction, but we certainly need to do a lot more work.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I listened to my colleague across the way. One of the first things that came across my mind is that there seems to be a sense of denial on the other side that Canada already has more young people who are engaged in the use of marijuana than have many other countries around the world, including the United States. When the member across the way talks about all the young people in the United States, he needs to highlight the fact that there are more young people in Canada on a per capita basis who use marijuana than in the United States. It is trying to give what I would suggest is a false impression.

Here we have legislation that would provide some tools. This whole legalization of marijuana is to deal with the criminal element, the hundreds of millions of dollars every year that the criminal element makes off our young people through illegal sales. It is to protect our young people. It cannot be any worse than what it was during Stephen Harper's or other administrations because we already have the youngest participation in marijuana. We already have people high on marijuana who are driving vehicles today in society. The legislation that we are debating today would help with that specific issue.

Would the member across the way at least acknowledge that we have an exceptionally high number of young people using marijuana today and that many of them are driving after using it?

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Madam Speaker, I say, “so what?” The member is right. We have a huge number of young people who are smoking marijuana, far too many. It does not change the fact that this legislation would not correct that or move it in the right direction. Speaking to Bill C-46, the legislation that we are dealing with right now on the laws pertaining to driving, I have three sons who are policemen. They have told me, as have the police chiefs and countless others in law enforcement, that this is crazy, that we are not near ready for any of this, that we are not ready for that legislation in itself, let alone the fact that we would be encouraging young people to smoke marijuana. We are not talking about just the legalization. When a government takes it upon itself and says, “This stuff is legal, go for it”, what is it actually saying?

I would just encourage the member to take a good, hard look at what his government is proposing and I am hoping that by July 1 the government does an about-face.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the question is that this legislation would provide the member's sons and the other individuals who are law enforcement agents across this country an opportunity to do something that they were not able to do anywhere near as effectively for individuals who are driving today who are high on marijuana. There is going to be legislation. The Conservatives can continue to debate that, overall, government policy is going in the wrong direction, but at the very least this legislation would make our streets safer. That, I would argue, is unquestionable. Would he not agree with that fact?

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Madam Speaker, the legislation is good insomuch that it would increase the fines. However, the fact remains, and this is what police officers and police chiefs are telling me, they are not even slightly ready for this. They can have great legislation that would not be able to be enacted because law enforcement simply does not have the tools. We haven't even talked about what premiers and municipalities are saying, and what costs are involved. This is a giant mistake, and the hon. member needs to take a good look at what the Liberals are proposing, and back-track. Let us talk about this again. We need to talk about this a whole lot more.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, I am very proud to be here today to participate in this debate on behalf of the people of the great riding of Timmins—James Bay.

The bill before us this morning seeks to amend the Criminal Code to give the police more authority when it comes to dealing with drug- and alcohol-impaired driving. This bill arises from the Liberal government's decision to legalize marijuana. I have a lot of questions about this bill.

First, there is no reliable test for detecting the presence of drugs in a driver's system. That is problematic because the police do not have the resources they need to deal with this new reality. Where is the national campaign to make Canadians aware of the effects of the legalization of marijuana?

The other problem with this bill is the Liberal government's decision to give police officers more authority, which will allow them to arrest drivers for no reason. Canada currently enjoys a legal balance where the police have the tools they need to keep people safe and individual rights are protected. I believe that this bill will undermine that balance.

The issue of our response as a society to the legalization of marijuana is an important question for Parliament. Certainly, we have seen too many lives affected with permanent records for having been charged for the recreational use of marijuana. Therefore, I applaud the government for moving in the direction of legalization. However, I have a number of questions about the lack of preparedness from the government in offering our society the protections necessary and to ensure police officers have the resources they need to maintain the fundamental balance that exists right now between the rights of citizens to know their streets are safe from drunk and drug-impaired drivers and the rights of individuals to be protected from unnecessary stop and search.

Right now, we do not have a credible, simple, clear test to prove the influence of drugs, which is a serious question. We have to ask ourselves whether the resources will be in place for the police to deal with this. It is a straightforward. However, in response to this, we hear this from the government. Because there is no credible test for marijuana, it will move forward with arbitrary mandatory tests for alcohol impairment without reason. I am very concerned about this. It undermines the principle that has been established in our country about the need for just cause.

Right now, if police officers believe a driver is impaired from drugs or alcohol, they have the right to stop that vehicle and demand a test, which is fair. They have the right, identified by the court, to set up programs, such as the RIDE program, where police officers can stop, for a limited period of time, all drivers and test them. However, it is proven that the program does not target individuals, because it is applied fairly across the board, such as at Christmas or other times where there may be high levels of drinking. The fact that we would add a provision that could allow police to stop an individual anytime, anywhere, and demand tests, to me, is an undermining of the basic questions of the charter. We have to be looking at why the government is moving in this direction.

In the case of R. v. Oakes, there was a simple test, that the measures adopted must be carefully designed to achieve the objective in question, which is the protection of society and the maintaining of individual rights. It says, “They must not be arbitrary, unfair or based on irrational considerations.” This means that even if rationally connected to the objective in the first place, which would be to stop drunk driving, they should impair as little as possible the right or freedom in question.

Why is this so important? Right now, if we go to court on any given day, we will never see upper middle-class white teenagers in court for marijuana possession. It is racialized. It is immigrant and indigenous. The targeting of certain groups is a fact. If members represent a rural region like I do, they want to ensure our roads are safe but also that powers are not abused to target people just because of who they are. Talk about driving while black or driving while indigenous.

These protections have to be maintained. Civil society is based on the rule of law. These tests have been brought to the Supreme Court. They have been tested to ensure we still have the powers necessary to go after drunk driving, while we ensure the tools police officers have do not exceed the limits so they do not unfairly targeting certain individuals who, just because of perhaps their economic disposition, or where they live, or the colour of their skin are identified for harassment.

It always strikes me with the Liberals, the so-called party of the charter, that whenever they can, they overreach on these issues. These are fundamental principles and we need to talk about them. We are all invested in finding that balance. We want safe streets, but we also want to know that the rule of law to ensure the police officers do not overstep is protected. I am very concerned about this with respect to this change.

This leads us back to the fact that this is being added in on alcohol when we do not have a credible test for drugs. We need to start a major campaign of public awareness about the legalization of drugs and how we will start to apply that. There was a huge campaign of public awareness over drinking and driving. It had a major impact in reducing people's decisions to get behind the wheel after Christmas parties. That was a very successful campaign. It was maintained through having credible powers of police and testing that could be applied in court. It was a clear test. However, we do not have that with marijuana.

To simply say that we will add more mandatory searches of people left, right, and centre will not address that fundamental problem. I am surprised the government has attempted to go in this direction. We will see major questions in section 1 charter liabilities over the rights of citizens.

When we talk about adding more rights of citizens, for example, the right to smoke marijuana legally, we have to also then say what resources we have to protect society. Then from that, the question of how to ensure those tools the police and authorities have do not exceed their respective authority and protect the individual rights of Canadians. With the Liberal government, I see a complete overreach. It is using the issue of the legalization of marijuana to add tools in the police tool box that it should not have and that have been found by the courts to exceed and undermine the rights of citizens. Some fundamental problems have to be addressed.

Within this Parliament, we can address those issues, because they are complicated. They do not necessarily have to fall down on party lines. We have to find out what the right tools are to protect society and the rights of individuals. At this point, the Liberal government does not seem to have found that balance.

[Brigitte Sansoucy, NDP, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, I thank my colleague for his speech.

He mentioned how important the public awareness and education campaign regarding drinking and driving was. I am the mother of young adults and they know that there is a zero tolerance policy and that they must not get behind the wheel if they have been drinking.

It is important that the government quickly launch this same type of public awareness and education campaign on marijuana-impaired driving.

Does my colleague agree that the government should immediately announce the launch of such a campaign? We know that plans for this sort of campaign are under way, but we think it is taking too long. Since the legalization of marijuana is on the agenda, the government needs to start this campaign before the drug is legalized.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, I have a lot of respect for the incredible work my colleague is doing. I am surprised that the government decided to legalize marijuana without any plans to launch a national awareness campaign for Canadians on the rights and problems related to marijuana, specifically on the effects that drugs have on drivers.

There was a national campaign in response to the issue of impaired driving, which caused a lot of accidents. This awareness campaign was very useful in helping to protect Canadians.

Why did the Liberal government forget to put the proper resources in place to launch a similar campaign in response to the issue of the influence of drugs and marijuana?

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, I listened closely to my colleague's speech.

I have a question that has been bugging me. It has been stuck in my craw, as they say, since this whole marijuana legalization process began. The government decided to legalize marijuana, so why is it just now waking up to the importance of awareness? Why, all of a sudden, does it feel the need to go to great lengths to reduce marijuana use among young people even as it is taking steps to make the substance available everywhere? Why did the government not launch this campaign first so it could gauge the effect and then maybe explore the possibility of legalizing marijuana? Maybe the government should have waited to see if a youth-focused awareness campaign would have helped reduce the number of people getting behind the wheel after smoking marijuana.

Does the member not agree that the government is going about this all wrong? We certainly support measures to crack down on drug-impaired driving, but I think that should be the last resort. What we need to do is make sure young people do not drive under the influence of marijuana in the first place.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, during the last election, the Prime Minister appeared to really champion the rights of young people. Personally, I have no objection to legalizing marijuana, but what I do object to is a government that has begun the process without any plan to create a public awareness campaign, particularly regarding problems related to drug-impaired driving.

The Prime Minister was very supportive of legalizing marijuana, but he refused to address the problems and bring in a credible plan for Parliament and for Canada, to make sure we have Canadians' trust. We do not have that now.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, we are talking about a very sensitive and very serious matter, namely, how the legalization of marijuana relates to road safety issues. What effect will it have, and what measures should be taken?

I want to begin by saying that we on this side of the House are in favour of cracking down on impaired drivers. We must never compromise on safety. Any time someone takes the wheel, they must be fully cognizant of the fact that they are wielding what can be a terrifying weapon if it is not used properly. It is the responsibility of all drivers to ensure that they are fully competent to drive. Woe to anyone who chooses to drive while impaired by either alcohol or, unfortunately, drugs. That is where Bill C-46 comes in.

Essentially, the bill makes the law tougher on people who consume drugs and then take the wheel. We certainly cannot oppose virtue, but it is the approach that is highly objectionable and needs to be examined because in our view it is not the right one.

Let us return to the thrust of the matter. The government wants to legalize marijuana. That is why it tabled this bill. It is not a good thing. Anyone who has even taken a slight interest in this matter knows that wherever this has been tried, whether in Colorado or Washington, there has been an increase in crime, the consumption and illegal production of drugs, accidents, social problems, and deaths on the road.

Furthermore, this bill and the Liberal's ambition to legalize marijuana will normalize the use of a drug. There is no place for this in public discourse. It has a place in debate, but not in legislation. It is unacceptable to move forward with normalizing a drug.

The government is claiming that, with this new approach, organized crime will not reap the ill-gotten gains of marijuana production. I only need to quote one person to refute this argument, and that is the Commissioner of the RCMP, who says that it is naive to believe that organized crime is going to lose out. I am not the one saying so; it is the Commissioner of the RCMP, who knows all about this. For more than 150 years, the RCMP has done a superb job of fighting organized crime, the people who make money on the backs of the poor. The Commissioner of the RCMP is telling us that we would be naive to believe that this will allow us to stamp out organized crime.

Colorado and Washington's experience has shown that organized crime has actually gotten better at organizing. Worse still, legalizing, and therefore normalizing, marijuana consumption means this dirty business will be sanctioned by the government. When a teenager or youth tries marijuana for the first time, they will be doing so legally and with the approval of the Liberal government. That first contact will open the door to hard drugs.

No drug user starts off with cocaine. First they try one little joint. Then they try a stronger joint. Then they start taking a little of this and a little of that. This depraved behaviour will have the blessing of the Liberal government. This is totally inappropriate. That is my overview of the marijuana issue.

Now, let us take a closer look at what Bill C-46 says about driving and driving-related measures. First of all, the government has been rushing forward on this issue at breakneck speed. Everything absolutely must be finished and passed by July 1, 2018. What is the rush? Is there a meteor heading for Earth? No. The July 1 deadline is all in the Liberal members' heads.

This is to say nothing of the Liberal government's outrageous idea to tie our national holiday, Canada Day, to the legalization of marijuana. Are the Liberals going to sing, “O Cannabis!”? I certainly will not. I am proud to be Canadian and I want us to sing O Canada, not “O Cannabis”. Well, that is what the Liberal government wants to do on July 1. What were they thinking, for Pete's sake? There are 365 days to choose from and they chose that day. If I were not in the House of Commons I would call them fools, but I will watch my language. It is not right to do that on July 1st, and so hastily to boot.

The provincial governments are left to deal with everything having to do with health, public safety, transportation, and housing. Thanks to this gracious Liberal government, it will be legal to have pot plants in every house in Canada. That is fantastic. This creates more problems.

Is there a single provincial government that is happy about having to implement all this in the amount of time they have been given? No, there is not a provincial government, a premier, or a health minister who has said that everything is just fine. Some are getting through this a bit better than others and say that they are on track to adapting to this new reality, but this is not something that should be done under pressure as quickly as possible. The provincial authorities are the ones that are stuck dealing with this problem. It is an insult to our provincial partners.

The same applies to road safety. Does the government seriously think that the police have all the tools they need to deal with this new reality? Does the government think that the police have the training needed to use those new tools? Does it think that all police officers will be ready to deal with this right away and that they will be ready to enforce this law on July 1, 2018?

That is absolutely not the case. The head of the RCMP and all of the other police forces across Canada are saying that they do not have the tools they need, even though that is fundamental. This bill requires people to deal with this situation even if they are not ready. That is the problem. The Liberals are rushing to implement this measure without doing the necessary research. If they have to legalize marijuana, could they not at least take the time to do things right and make sure that the police and everyone else who has to deal with this sad reality have the proper training? Unfortunately, that is not what the Liberals are doing. They are just rushing this thing through.

The government is saying that it is going to spend millions of dollars to make people aware of the risks associated with marijuana. First, that sends a contradictory message because why would the government legalize something that it does not want people to use? That makes no sense. Second, the money that the Liberal government has allocated to make people aware of the risks associated with marijuana is just a fraction of what Washington State and Colorado allocated for the same purpose.

We are hearing a lot of bluster about this, but the government has not taken any real action to serve Canadians as it should in this regard. The government is not doing enough in terms of prevention and it is not providing the resources and tools our police officers need. The government is trying to rush the provinces into this and force them to hastily implement this measure by July 1, 2018.

Legalizing marijuana, which normalizes and gives our children easier legal access to the drug market, is clearly a bad idea. What is worse, Bill C-46 will lead us astray; we will not have enough time to give law enforcement the training or equipment it needs and even less time to raise awareness among those we are trying to protect. Unfortunately, the government is going too fast in the wrong direction.