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

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-46s:

C-46 (2023) Law An Act to amend the Federal-Provincial Fiscal Arrangements Act and the Income Tax Act
C-46 (2014) Law Pipeline Safety Act
C-46 (2012) Law Pension Reform Act
C-46 (2010) Canada-Panama Free Trade Act

Votes

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

Criminal CodeGovernment Orders

October 24th, 2017 / 12:45 p.m.

NDP

Wayne Stetski NDP Kootenay—Columbia, BC

Mr. Speaker, many Canadians do not tune in to committee proceedings, so I am wondering if my colleague would share with us some of the more important amendments that would have made a great deal of sense to be included in the bill, but which Liberal committee members voted down.

Criminal CodeGovernment Orders

October 24th, 2017 / 12:45 p.m.

NDP

Tracey Ramsey NDP Essex, ON

I would be happy to, Mr. Speaker. One of the six amendments that we brought forward proposed that within three years the Auditor General would do a report. Another of our amendments proposed stopping everyone at designated checkpoints to avoid random stops from happening. We supported having such a checkpoint so there would never be the impression of a disproportionate number of people of colour being stopped, but unfortunately the Liberal members at committee voted that down. It is disappointing that we will not see this applied in a way that would blanket every individual that we capture within that space, versus allowing police officers to card and target and racially profile.

Criminal CodeGovernment Orders

October 24th, 2017 / 12:45 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I am honoured to rise today to speak to Bill C-46, an act to amend the Criminal Code and to make consequential amendments to other acts. I would also like to thank the member for Essex for her very kind words and thoughts. As a mother, I am on the same page on this. I would like to thank her very much for sharing that.

Today we are speaking about safe roads for Canadians and their families. It should be a simple discussion, but we must recognize that with the ramming through of this legislation, our cities and municipalities will not have the proper tools and resources to make sure that safety is our priority.

During the summer, I met with many people to discuss Bill C-45. Many individuals brought forward their concerns about impaired driving due to cannabis, which concerns Bill C-46.

The task force put together many recommendations for the Liberal government to review. First, the chair of the committee indicated that the best solution was to give researchers time to develop proper detection tools. Second, for many users, specifically youth, the potency and impact is greatly unknown and underestimated. Third, there should be increased funding for law enforcement authorities to get ready for the new regime. Fourth, and one of the key points I find extremely important and that was recommended by both the task force and the states of Washington and Colorado, which have legalized marijuana, was the importance of extensive impaired driving campaigns before the legislation.

To begin, I would like speak about the need for proper detection tools. Results were announced indicating that there was a pilot project using a new device to detect the concentration of cannabis in the system. It was reported by officers that the device was easy to use and successfully detected the drug. At this time, there has been no indication of what the next steps will be and how we are going to pay for it.

Second, is it the best test, and will it detect impairment? We have heard other members of Parliament speak about these tests and the equipment necessary. We do not have the silver bullet when it comes to detection devices.

It was also stated that the best method to prevent impaired driving was public education funding for public resources and education. Education is definitely a word everyone will hear more and more throughout my speech.

Another concern is the unknown and underestimated impact of cannabis on youth. Studies show that cannabis has many different effects on people, specifically on the skills that are extremely important when driving. They include loss of motor coordination, problem solving, and thinking; and distorted perception. I believe we all agree that these are important skills that should not be at risk when driving.

Keeping this in mind, we should take into account a few other factors. Statistics posted by the Canadian Centre on Substance Use and Addiction state the following:

According to the 2012 Canadian Alcohol and Drug Use Monitoring Survey, 5% of youth aged 15-24 reported driving after using marijuana during the past year, compared to 9.4% after consuming alcohol.

Data from the National Fatality Database revealed that between 2000 and 2010, marijuana was the most common illicit drug present among fatally injured drivers aged 15-24 in Canada.

The 2011 Canadian Alcohol and Drug Use Monitoring Survey revealed that individuals aged 15-24 were more likely to be passengers of an individual who had consumed alcohol or other drugs, rather than to drive impaired themselves. Riding with a driver who has used drugs or alcohol can lead to consequences just as tragic as driving while impaired.

Addressing impaired driving among our youth must be done. CCSA goes on to say:

CCSA has conducted a series of reviews examining effective approaches to preventing drugged driving among youth. Key findings include:

Factual messaging created by youth ensures that information is believable and easily understood by youth.

Empowering youth to plan and create their own prevention initiatives can increase the effectiveness and reach of the message.

Parents, teachers, coaches and so on should talk to youth about impaired driving and discuss implications to encourage youth to think critically before making decisions.

Overall, what we are talking about are awareness campaigns that centre on youth to deter them from driving while impaired, especially under the influence of marijuana. Once again, my focus here is education. The most common drug used first by Canadian youth is marijuana, and among our youth population, we have the second highest use of marijuana in the world. Where is the education regarding the potential effects and the conversation on driving while impaired?

Next, what is available for resources and financial support? Currently, the federal, provincial, and territorial governments have been speaking, but there are no decisions, and there is still one main player missing at the table. The cities and municipalities that will be in charge of keeping our roads safe have not been provided with this tool. They have been left out of these conversations. We still have to talk to them. We need to talk about education. We need to talk about potential detection devices, but currently, all we are doing is talking about reasonable suspicion.

How many officers in Canada are currently qualified? With legalization and predicting increased use, will more officers need to be trained? Where is the training, and what are the current waiting times for training? These are things I have had discussions about in my riding. I have spoken to the chief of police in the city of St. Thomas. We talked a lot about drug recognition officers. What is the cost? What is the delay? We have heard many reports indicating that there are too few officers available and that the education is not available. Right now, because we, as well as other states, are going forward with this, there is a huge delay in getting this done.

According to an article published by the Ottawa Citizen on February 4, 2017, here are the numbers: 2.6% is the proportion of drivers in Canada who admitted driving within two hours of using cannabis in the past year, according to Health Canada's 2012 Canadian alcohol and drug use survey; 632,576 people is how many this represents; 10.4 million is how many trips this represents; 2.04 million is how many Canadian drivers admitted to driving after consuming two or more drinks in the previous hour, which represents 13.3 million trips; 5.5% is the proportion of drivers who tested positive for cannabis use, according to a 2013 study in British Columbia; and 16.6% is the proportion of fatally injured drivers who tested positive for cannabis, according to an examination done between 2000 and 2010. Males are three times as likely as females to drive after using cannabis.

Therefore, this is an issue we must address. We need to provide the proper resources for our police forces to deal with this. Regarding drug recognition experts, there are currently 578 drug recognition experts in Canada, and 160 to 200 new DREs are certified every year. Some existing DREs do not recertify, or they are promoted out of the role. It is hard enough to maintain the current number of DREs, much less increase the number, said one of the people working in the department.

At the same time, training is expensive, and some of it has to be done in the U.S. Opportunities to get field training in the U.S. are being squeezed as demand to train officers increases there. This is a clear challenge that needs to be addressed.

According to the 2017 budget:

Health Canada will support marijuana public education programming and surveillance activities in advance of the Government's plan to legalize cannabis by directing existing funding of $9.6 million over five years, with $1.0 million per year ongoing.

However, Health Canada has just issued a public tender to find a contractor to develop a national marketing plan targeting youth that will focus on education and awareness of the health and safety risks of cannabis. This campaign is going to be targeted at Canadian youth aged 13-18. An important point to note, though, is that this program is going to start running after December 2017, so we are talking about putting in a program less than six months before the legalization of marijuana. There is no exact date when the ads are going to start. Just saying it will be after December 2017 is not good enough.

Why is the government rushing on this issue? Why are we rushing to not keep our roads safe? Why are the Liberals not doing more? Why are they rushing Bill C-45 and Bill C-46, other than because of extreme political views? Why are we not taking the safety of Canadians on our roads as paramount?

Criminal CodeGovernment Orders

October 24th, 2017 / 12:55 p.m.

Liberal

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

Mr. Speaker, all the statistics my colleague cited serve to reinforce the need to amend the Criminal Code regarding this matter. She said that marijuana is the most used drug, especially by youth. Could she please comment on her insights regarding Mothers Against Drunk Driving and such organizations?

Criminal CodeGovernment Orders

October 24th, 2017 / 12:55 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, there needs to be more done. When it comes to the great work Mothers Against Drunk Driving does, we have to understand that people still go out on the roads impaired, whether it is from drug use or alcohol use. My biggest fear is that we are being given six months for public education, and that is not enough time. Six months to create a program is not enough.

Although I see that there are Criminal Code changes, and I will let the people talking on the justice side look at them, as a mother, I look at the fact that we are not being given enough time. We are not giving parents, educators, coaches, and more importantly, our youth, who are at risk from this bill, enough time. We need more than just six months to get this work done.

Criminal CodeGovernment Orders

October 24th, 2017 / 12:55 p.m.

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I wonder if the member could expand on the problem we have. Despite the great need for going after impaired drivers, because we have an epidemic of impaired driving deaths and injuries across Canada, here we have marijuana, which is going to become legal, and there is no good test for marijuana impairment. There are great tests for THC levels in the blood, but they do not mean anything with regard to impairment. We heard in committee that this was a problem.

We are going to have people with THC levels in their blood, because they are using it for medical purposes or are using it legally for recreational purposes, but they will not be impaired. They may have used it a day or two ago. They will not be impaired, yet they will be criminalized if they are pulled over and tested using a per se limit for THC. I wonder if she could comment on that.

Criminal CodeGovernment Orders

October 24th, 2017 / 1 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, as I indicated in my speech, the chair indicated that the best solution for this was to provide research money so we could make these types of tools for detection. We have found a tool that works, but as the member indicated, it looks at blood levels. As the member for Lethbridge indicated, impairment is shown in the fat cells in the brain.

It is just not good enough. Why are we not getting everything done before we put forward the legislation? Why are we not getting all our ducks in a row so we can make sure that Canadian families are safe on our roads?

Criminal CodeGovernment Orders

October 24th, 2017 / 1 p.m.

Conservative

Jim Eglinski Conservative Yellowhead, AB

Mr. Speaker, recent statistics done by the State of Colorado, in looking at its marijuana sales through its vendor agencies, show approximately $14 million in sales in January 2015 alone. However, by January 2016, one year later, in the same month, for the same period of time, it was $37 million in marijuana sales. As lawmakers, we should be trying to encourage a decrease in impaired driving. I would like to ask if my hon. friend thinks that doubling the amount of marijuana use in one year is going to lower the number of impaired drivers.

Criminal CodeGovernment Orders

October 24th, 2017 / 1 p.m.

Conservative

Karen Vecchio Conservative Elgin—Middlesex—London, ON

Mr. Speaker, that is absolutely not the case. I have spoken to many colleagues who have never smoked cannabis before, many individuals and friends who have never partaken. The fact is, come the time of the legislation, some people will be interested. There will be more people trying it, because it is legal.

I have had this discussion with my staff as well. The moment something is legalized, it makes it acceptable, so we are going to find that more people are going to try it. They may not enjoy it, but they will at least try it. We have to be worried about impairment. There is a discussion about taxation of this as well.

It is very concerning. We need to make sure that the money does not go into government coffers but is actually used as a resource for our police forces to make sure that Canadians are safe on the road. We need to make sure they have the proper detection tools and the proper training.

Criminal CodeGovernment Orders

October 24th, 2017 / 1 p.m.

NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, this bill seeks to clearly set out the offences of and the sentences for people who decide to drive under the influence of marijuana and to update provisions on drunk driving.

We supported this bill at second reading and since then we have been examining it. Unfortunately, impaired driving is the leading cause of criminal deaths in the country. Canada has one of the worst impaired driving records in the OECD.

We need to implement an effective and well funded public awareness campaign. As we have been repeating from the start of today's debate, it is important for the government to quickly implement this public awareness and education campaign.

Earlier today, my colleague from Mount Royal, the chair of the Standing Committee on Justice and Human Rights, said that we were here to talk about Bill C-46, not Bill C-45, which deals with the legalization of marijuana. However the government chose to introduce these two bills around the same time, one after the other. We cannot talk about one without talking about the other. It is therefore important to make sure that the awareness and education campaign is done right and that it is launched immediately, well before marijuana is legalized.

The NDP has always stood for sensible measures to prevent impaired driving. We need to focus on powerful deterrents that can actually help prevent tragedies. I just said it, but I want to reiterate that the government needs to launch a robust public awareness campaign before the marijuana legalization bill comes into force.

Bill C-46 does not clearly define the levels of marijuana in saliva that would qualify as impairment. That needs to be made clear. We need an unbiased, science-based strategy for stopping drug-impaired drivers.

Under the bill, the police will no longer need to have reasonable grounds to suspect that the person consumed alcohol in order to demand a breath sample. Civil liberties groups and the legal community have expressed concerns over the constitutionality of the proposed measures. In fact, earlier, my colleague from Essex illustrated how this might lead to profiling during arrests, which is problematic.

These civil liberties defence groups also wonder whether marginalized groups will be targeted. That is why, upon reflection, it is important to have experts provide testimony at committee to ensure that Canadians' civil liberties are respected and protected.

The NDP leader, Jagmeet Singh, was outspoken during his time in the Ontario legislature about the ability of the police to go after people simply on the basis of their race, be they aboriginal, black, or Canadians of other minorities.

The discriminatory police practice of carding was central to his work in the Ontario legislative assembly. Mr. Singh says that as Prime Minister, he will enact a federal ban on racial profiling to end it once and for all.

In fact, he said in a Toronto Star interview that he had been stopped more than 11 times because of his appearance. He said:

I've been stopped by police multiple times for no other reason than the colour of my skin. It makes you feel like you don't belong, like there's something wrong with you for just being you.

I find meeting with our constituents to be a very interesting part of our work as MPs. I have been asked how we come to decide how to vote in the House. Of course, the discussions like the one we are having today, as well as the ones with our colleagues, are key. My colleagues' speeches today have been very enlightening.

During caucus discussions, we draw on our personal experiences and our own judgment, but also on the experiences of our colleagues in the House. As such, I would like to talk about my colleague fromVictoria's speech, which was very enlightening for me on this issue. I had the chance to sit on the Special Joint Committee on Physician-Assisted Dying with my colleague from Victoria, and his legal and constitutional expertise was very enlightening for me. The bill before us today, Bill C-46, is also very enlightening.

I would like to read part of a speech he gave, one that I feel is very important.

Currently under the law as it exists, one has to have reasonable suspicion before stopping someone. If one no longer has to have that reasonable suspicion, which is what this section at issue would do, then there is the potential, indeed, the certainty that there will be disproportionate targeting of racialized Canadians, indigenous people, youth, and other marginalized groups. That is the nub of the problem and why this is such a difficult bill for the House to deal with.... However, we have to get this balance right. We are not convinced that it has been achieved. We are still studying it and will continue to study it before the vote takes place in the next while. At the committee, the NDP did manage to get one amendment that would somehow address this issue. That amendment would add the proposed section 31.1 to the bill, which would require that this issue be studied and reported to Parliament within three years of enactment. The committee agreed with that, and I hope the House will accept that final amendment as well. We will see whether the concerns that so many experts have brought to the attention of the committee will prove true in practice.

I want to quote something else he said, because, unlike him, I did not have the privilege of taking part in the deliberations of the Standing Committee on Justice and Human Rights. He said:

We heard from Mothers Against Drunk Driving and other countless witnesses at the justice committee, telling their heartbreaking stories of the loss they had suffered. However, the bill poses serious concerns, particularly in the area of mandatory alcohol screen....What is the concern with mandatory alcohol testing? The new police powers enacted through the legislation would remove the reasonable suspicion requirements for roadside inspection by peace officers that presently exist in the Criminal Code, instead moving to a mandatory system by which, at the discretion of the patrolling officer, motorists must submit to random breath samples without any justification whatsoever, in other words, on a whim.

I was saying earlier that our personal experience can inform our discussions of this type of bill. I often tell the House that before being elected, I worked for the Quebec ministry of agriculture, fisheries and food, was a municipal councillor, and also worked with youth for almost 20 years. In light of my experience with a youth round table and as the director of a community housing organization that served troubled youth, I cannot help but have concerns about the impact of this type of bill, which requires a very balanced approach. I sincerely hope that the only NDP amendment to be retained will remain intact. It is important that we do not target certain groups in society when we address impaired driving. As parliamentarians it is our duty to ensure that each and every citizen is treated fairly and that the laws we pass make that possible.

Criminal CodeGovernment Orders

October 24th, 2017 / 1:10 p.m.

Scarborough Southwest Ontario

Liberal

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

Mr. Speaker, the member articulates her concerns so well.

I want to respond to a particular issue. The member opposite expressed concern about the validity of oral fluids testing and the experience in other jurisdictions.

First, I want to share with her the results of a report done by the Canadian Centre on Substance Abuse and Addiction, CCSA, which it submitted to the government in April of this year. It did a very thorough examination of the use of oral fluids testing in other jurisdictions. It makes note that, for example, in Victoria, Australia, these tests have been conducted within its legal framework since 2008. The oral fluids testing kits are also currently in use in such countries as France, Belgium, Spain, and, most recent, the United Kingdom, as well as in several states in the United States.

The CCSA also indicates that the Canadian Society of Forensic Science drugs and driving committee has recently done an evaluation of the oral fluids testing kits that currently exist. It has said that they have reached a sufficient level of accuracy to be useful in the Canadian context. Those have also been tested by eight different police services across the country to ensure they actually work in a Canadian environment.

Based on that information from the CCSA, might that respond to some of the concerns expressed by my friend opposite?

Criminal CodeGovernment Orders

October 24th, 2017 / 1:10 p.m.

NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, the problem with comparing tests is that we can end up choosing tests that speak to our concerns. Let us talk about the collection of test data.

Here in Ottawa in 2016, a data collection project involving roadside tests and race was initiated following a complaint concerning human rights and racial profiling. Several points were brought to light. First, 12% of drivers were perceived as being Middle Eastern, while only 4% of drivers in Ottawa are Middle Eastern. Also, 8.8% of drivers were perceived as being black, while fewer than 4% of drivers in Ottawa are black. Lastly, males between the ages of 16 and 24 are stopped more often than expected given the proportion of drivers they represent.

When we compare university studies with the test studies, we need to listen to what Canadians are saying. Civil liberties organizations provide a great number of accounts. As I said earlier in my speech, I was never stopped 11 times. When someone says he was stopped 11 times over a short period of time, I think there is cause to ask questions. Our leader, Jagmeet Singh, said so himself. The reality is that, without extremely clear rules and laws that leave very little room for interpretation, we must make sure that every Canadian is treated fairly.

Criminal CodeGovernment Orders

October 24th, 2017 / 1:15 p.m.

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I would also like to acknowledge the excellent work of my colleague from Saint-Hyacinthe—Bagot, who is always on point and keeps partisanship to a minimum, although she sometimes gets carried away, which is entirely normal, since that is the game we in the House play. She is very concerned about this issue.

When a member of the House asks a colleague a question, it might be a good idea to stay in Ottawa long enough to hear the answer. I understand why government members are unclear on all of the nuances of parliamentary language and the excellent comments made by people on this side of the House. When people ask us questions, they should take the time to listen to the answer. This is just something I’m throwing out there, because I was a little angry at the lack of respect I just witnessed in the House.

To return to my colleague’s remarks, I would like to know whether what I see as the government’s off-the-cuff attitude as it rushes to push through the marijuana issue might cause problems for the police and addiction workers down the line. I do not think we are ready.

What is my colleague’s opinion concerning Bills C-45 and C-46?

Criminal CodeGovernment Orders

October 24th, 2017 / 1:15 p.m.

NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I will not comment on the first part of my colleague's question since we are not to refer to the presence or absence of members.

Rushing this will have an impact on our society. The government has said that it will allocate $161 million to help police do their job, but police officers in Saskatchewan are saying that they are not getting the proper training.

I used to work in this area, and I have seen cases where young people have had to wait up to a year to get into a detox centre. Young people who realize that they have a substance abuse problem have to wait a year. The government needs to allocate significant resources to help young people who need drug treatment before moving forward. The government is being too hasty on this.

Criminal CodeGovernment Orders

October 24th, 2017 / 1:15 p.m.

Conservative

Jim Eglinski Conservative Yellowhead, AB

Mr. Speaker, I am pleased to speak again today on Bill C-46, an act to amend the Criminal Code regarding offences relating to conveyances. Shortening the title, we are dealing with impaired driving and a review and updating of the old sections of the Criminal Code. It is impaired driving by alcohol or drugs.

I was a policeman for 35 years and held Breathalyzer operator certificates since 1970. I took part in probably well over 1,000 impaired cases involving alcohol and drugs. My first year, there were about 100, as a rookie. In those days, I could arrest a guy for impaired driving, bring him into the office, do up all the paperwork, and get back on the road within an hour or an hour and a half, except once. This is how bad impaired drivers can be.

I remember a case when I arrested a guy for impaired driving and brought him back to the office. At the time, the policy of the attorney general and the province was not to hold or detain, or remove vehicles from the road. I brought the man in and he blew .26. We had to release him, so I released him. Fifteen minutes later, I saw him driving down the road. I picked him up, brought him back to the office, processed him, and gave him an appearance notice because I could not hold him, and let him go. Twenty minutes later, lo and behold, he drove by me again. This time, I brought him in and arrested him. Impaired driving has always been a very serious part of our society.

Is impaired driving going down, whether it is due to drugs or alcohol? That is debatable. We have to thank groups like MADD for their work, but I do not believe it is going down, and I will provide two specific reasons. One is that the time to process a simple impaired driving case takes anywhere from three to four hours, and closer to four hours. Therefore, the police officer is off the road for four hours in order to do the paperwork. Why does it take that long? It is because of all the different wording in all of the legislation. He has to cross all of his t's and dot all of his i's to get a conviction. All we are doing right now is bringing in more legislation, more work for lawyers, and it is going to complicate it that much more.

The second reason is deterrence. I had the good fortune to find a court book from 1950 for Vancouver Island and impaired drivers were being fined anywhere between $100 and $300 in 1950. The average salary in 1950 was about $1,700. In 1970, the fines were still $100 to $300, but people were earning about $5,700. Today, the minimum fine is $1,000 and people are earning an average of $50,000, though I think it is a bit higher than that. Therefore, there is no deterrent to cause people to think about drinking and driving.

I will comment on what my hon. friend from St. Albert—Edmonton said. He brought up in committee that we need to strengthen some of the legislation. An example was to have a five-year mandatory sentence for someone who drives a vehicle while impaired and kills a person, and the Liberal government said no and voted against it. Right now, the minimum fine under summary conviction is $1,000. If we go to the more serious offence of causing injury or death, it is $500 more. That is ridiculous. It was more effective many years ago than it is today.

I will provide some simple statistics for those in the room. One shot of whisky is equal to 12 ounces of beer or a glass of wine. An average 140-pound woman who has three ounces in an hour would probably have a reading of .11, which would put her at .03 over the limit. Here is one place where I can say men might be just a little better than women. A 140-pound man having three ounces in an hour would have a .09 reading. That is because our dissipation system seems to be a bit better, and I will leave it at that.

Science gives us the ability to calculate the effects of alcohol. I could sit down with any person in this room, and if he or she told me what he or she had to drink I could probably break it down and tell him or her what the reading would be.

Proposed section 254.01 of the Criminal Code, the new one that we are talking about, states:

The Attorney General of Canada may...approve

(a) a device that is designed to ascertain the presence of alcohol in a person’s blood;

(b) equipment that is designed to ascertain the presence of a drug in a person’s body;

(c) an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration

Paragraphs (a) and (c) have been in existence since the 1960s. With respect to paragraph (b), we are told that some countries have some form of testing that they believe is correct. We are looking at that and testing it right now. However, it is not definite, for sure. I do not believe we have enough scientific evidence out there. However, we will be going ahead with this law to make marijuana legal.

Impaired driving, under proposed section 254 of the bill refers to any conveyance. Therefore, we will be able to go after anybody riding an electric bike, an electric wheelchair, an ATV, a lawnmower, all the way up to a transport truck. All these people will be subject to the new rules and regulations that we are imposing. Some of them will be able to use legalized marijuana for medical purposes, and others will use legalized marijuana for recreational use.

We all know that marijuana goes through the lungs into the bloodstream, then into the body, and gets stored in the fat cells. The sad part about it, which is different than alcohol, is that alcohol dissipates at about one ounce per hour for an average person. Therefore, it is gone. If one has three drinks in an hour, probably three to four hours later one's body is clear of that alcohol. That is not the case with marijuana. It stays in one's brain tissue and fat cells and can come up anytime one agitates one's body or gets excited. What does marijuana do? It knocks the heck out of our senses: sense of time, moods, movements, thinking, the ability to problem-solve, and memory. If we overindulge in the use of marijuana, then we can go into hallucinations, delusions, and psychosis. However, most people will just experience the former part, which is a form of impairment.

Duke University in New Zealand did a number of tests in the last few years with young people. I am saying this because it has proven that kids using marijuana on a regular basis had an IQ that was eight points less than their counterparts who did not use it. That is already a form of impairment right there.

According to Colorado State University, the tests it has done over the last few years show that the THC level of marijuana has increased over 30% in the past 20 years. It is much stronger than it used to be, which is another form of impairment.

My concern is that marijuana stays in one's body for three to 10 days immediately, and it takes up to three months for it to completely dissipate.

The shocking fact is that Colorado sold $14.6 million worth of marijuana in January of 2015. In the month of January 2016, it sold $36.4 million. That is more than double. To me, if the amount has doubled, so has the amount of impaired driving, which means we need to double the amount of money that we are going to spend on education. The current government has told us that it is going to spend a certain amount. We know that as soon as it becomes legal, the use of marijuana is going to at least double.

The legislation in Bill C-46 has some good intentions, and I do not disagree with it, but it needs to be reviewed with more scrutiny. It needs to be looked at. We need to get rid of a lot of the ambiguous parts that are written in there because it is going to tie up police officers on the road and make it very difficult for us to enforce impaired driving, especially with respect to drugs.