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

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, drug-impaired driving is a concern taken very seriously by the government. I have spoken at length with the minister and the parliamentary secretary about this problem.

Bill C-46 is an important piece of the puzzle to go along with Bill C-45, which is the legalization of cannabis. Bill C-46 does deal with impairment by cannabis, and there will be saliva-based testing.

As a member of the Standing Committee on Justice and Human Rights, I look forward to hearing the scientific evidence from legal experts, scientists, and so on as to how this roadside screening will work. I am looking forward to hearing that testimony as soon as this place can get the bill to committee.

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, before I begin, I would like to mention that I will be splitting my time with the hon. member for Rivière-des-Mille-Îles.

I will be speaking in favour of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other acts.

Bill C-46 is a non-partisan proposal to hit back against impaired driving, an issue all too familiar to many citizens in my riding of St. Catharines and throughout Canada.

We all want roads that are clear of drug- and alcohol-impaired drivers, and Bill C-46 would help deliver this. The bill contains a package of reforms that will make it far more difficult to escape detection and avoid conviction. The bill addresses numerous elements found in earlier bills, but it is, in my view, a more comprehensive approach to impaired driving and includes new elements to deal with drug-impaired driving in advance of cannabis legislation.

This comprehensive bill has two parts. The first part addresses drug-impaired driving and will come into force on royal assent. The second part will combine the new drug-impaired driving provisions with other transportation offences, including amendments to the alcohol-impaired driving provisions within a new part of the Criminal Code. This part would come into force 180 days after royal assent.

The proposals in Bill C-46 are aimed at making our streets safer and at the same time are intended to boost efficiency and reduce delays in the criminal justice system, which I, as a lawyer in St. Catharines, saw far too often.

I would like to expand on the provisions that would streamline the procedures surrounding impaired driving, both in and out of court.

I begin by noting trials for the offence of driving over the legal limit for alcohol take up a disproportionate amount of trial time at the provincial and superior court levels. This occurs in part because of defence efforts to raise a reasonable doubt about the validity of the blood alcohol concentration analysis. Bill C-46 proposes to address this in a manner consistent with current science, by setting out that a driver's BAC will be conclusively proven if the police have taken the steps I will now describe.

First, a qualified technician who is a police officer trained to operate an approved instrument must ensure that the approved instrument is not registering any alcohol that is in the room air. This is done by an air blank test. This is important. Otherwise, the court could not be certain that the approved instrument detected only alcohol that was in the driver's breath.

Second, the qualified technician must ensure that the approved instrument is calibrated correctly. Technicians do this by testing a standard alcohol solution that is certified by an analyst to contain a specific concentration of alcohol. If the approved instrument produces a result that is within 10% of the target value, then the approved instrument is correctly calibrated.

Third, the qualified technician must take two breath samples at least 15 minutes apart. If there is agreement between the samples, meaning the results are within 20 milligrams of each other, the agreement requirement is met, and the lower of the two readings will be the reading that forms the basis of any criminal charge for driving while over the legal limit. For an offender with no prior impaired driving convictions, a lower reading typically would avoid a fine above the minimum fine.

If the qualified technician takes these three steps, then the resulting blood alcohol concentration will be conclusively proven. The result is enhanced trial efficiency, given that no court time is taken up by efforts to question the validity of the blood alcohol concentration analysis. This proposed change is based on the best available scientific evidence and ensures trial fairness while preventing time-consuming challenges to reliable testing procedures.

There is another important change proposed in Bill C-46 that works hand in hand with the proof of blood alcohol concentration. This is the proposal to reformulate the offence from driving while over 80 milligrams to the new formulation proposed in Bill C-46, which is having a blood alcohol concentration at or over 80 milligrams of alcohol within two hours of driving.

A number of states in the United States already have such a formulation. It eliminates the bolus drinking defence, also known as the drink-and-dash defence. This defence consists of a driver claiming that they were under 80 milligrams at the time of driving because the alcohol, which they drank quickly and just before driving, was not fully absorbed into the blood. However, by the time they were tested on the approved instrument at the police station, the alcohol was absorbed and the reading on the approved instrument was over 80.

Assuming this pattern of behaviour actually occurred, it is then argued in court that the effects of the alcohol did not make the driver drunk until after the driver was stopped. This is very dangerous behaviour that should not be condoned in law.

The new offence also limits the intervening drink defence by tackling a strategy employed after driving but before testing at the police station. A driver either openly drinks alcohol once the police have stopped him or her, or he or she drinks alcohol that was hidden, for example, in a pocket flask while they are awaiting the police in the police car or at the station. This behaviour typically is aimed at interfering with the police investigation of an impaired driving offence.

The Supreme Court of Canada indicated in 2012 that the bolus drinking defence and the intervening drink defence encourage behaviour that is dangerous or contrary to public policy. Bill C-46 would eliminate the bolus drinking defence and restrict the intervening drink defence to situations in which the post-driving alcohol consumption occurred innocently, meaning that the driver had no reasonable expectation that a demand for a breath sample would be made by the police. An example would be a driver who arrives home and begins drinking at home. There is no reason to expect the police to arrive and make a demand for a breath sample. However, if the police receive a complaint that the driver was driving while drunk and they investigate, which is a rare scenario, the driver could still in that case raise the intervening drink defence.

Another efficiency measure in Bill C-46 is the clarification of the crown's disclosure requirements. The bill clearly and concisely specifies what the prosecution must provide to the defence with respect to a driver's testing on the approved instrument. If the defence wishes to obtain more, it can apply to the court but must show relevance of the information requested. This disclosure provision is intended to ensure that police are not obliged to disclose material, such as historical approved instrument maintenance records, that is irrelevant to the scientific validity of the driver's breath test results.

Given that the disclosure phase is frequently a bottleneck in the process, these clarifications are expected to result in significant improvements in prosecutorial efficiency. This includes time and resources saved on locating, copying, collating, organizing, or otherwise providing scientifically irrelevant maintenance records to the defence.

I am confident that the proposed changes in Bill C-46 will make the investigation and prosecution of impaired driving crimes a lot simpler. The approved instrument, when used by a qualified technician who first ensures that it is operating correctly, is scientifically reliable. It produces a valid statement of a driver's blood alcohol concentration. Defence will be given full and complete disclosure. Defence will be able to see for itself whether the appropriate steps that are prerequisite to the conclusive proof of blood alcohol concentration were taken.

Through Bill C-46, efficiencies in the criminal justice system for impaired driving matters will be gained not only at the police investigation stage but also at the trial stage. The impaired driving provisions have also been subject to extensive discussions with the provinces and territories and are eagerly awaited by them.

I ask all hon. members to join in voting to pass Bill C-46 at second reading and send it to the Standing Committee on Justice and Human Rights for review.

The House resumed from May 29 consideration of the motion that Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Cannabis Act

[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.

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Madam Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2), with respect to the second reading stage of Bill C-46, an act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings of the said stage.

Resuming debate

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

Mr. Speaker, I listened to my colleague intently, and he made a number of very good points.

I would like to ask him to elaborate a little on the consultation process the government has been using. We have heard time and time again, on whatever piece of legislation, that there has been intensive consultation and discussions. However, what is the government hears through this consultation is not reflected in the legislation.

For example, the Canadian Medical Association says that marijuana should not be made available to youth until at least age 21 and that it still poses a risk up to the age of 25. However, the consultation was not reflected in Bill C-46. That is just one example.

I have yet to see the consultation process the government uses show up in actual legislation. Is the member concerned that the consultation may be just smoke and mirrors?

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

Mr. Speaker, I invite the parliamentary secretary to listen to the rest, as it is very interesting. I would add that I was hanging on his every word throughout his speech,

As I was saying, when we want to voice our points of view, on the opposition side, it does not work. The Liberals do not want to hear them, and as a result, they make serious mistakes, like the one they made this afternoon when they voted against the autism motion. It would be very much to the government’s advantage to demonstrate good will and allow the opposition the time it needs during these long, hard sittings we will be starting shortly.

This evening, I am going to talk about Bill C-46, after motion No. 14 is passed. I have things to say to the government about what has been done badly in the bill. I am pleased to have the time to do it and to stay here late tonight to voice my disagreement on several aspects of Bill C-46. However, I would also have liked the government to acknowledge, with just as much enthusiasm, that when we have something to say, it may be equally interesting.

I understand why the government is in a hurry and absolutely wants to extend sitting times. It is because few government bills have received royal assent since the start of the session. By contrast, in the first 18 months of the Harper government, more than twice as many government bills had received royal assent.

In short, the Liberals are in a bit of trouble, because the bills they present to the House are slipshod and do not really reflect what Canadians expect. Canadians expect that the government will prepare good bills. This is not because of a shortage of consultation, however, since the Liberals have done nothing else since the beginning. They consult a group on the left before making a decision, then they go and consult another group to find out whether the decision is satisfactory. Then they raise the subject in the House and we discuss it. For some time, however, they have been preventing the opposition from talking about it. They pass a closure motion, and they send the bill to the Senate. That is where the big problems start for the government, because its bills come back with amendments.

That is the new way that things are done. They wanted to elect independent senators. They told them that they would be able to state their opinions and their wisdom would be used to improve bills, but what happens when there are amendments to the bills? Everyone is up in arms, the government sends them back, telling them that this was not their job and it does not accept their changes. The result is that the government is unable to get its bills passed.

If the goal was to embark on an ambitious agenda to speed up the passage of crucial programs for Canadians, then why not? However, that is not happening. They are being asked to attend to urgent matters. For example, this afternoon, the Standing Committee on Transport, Infrastructure and Communities had a discussion about the defunct Bill C-30, which is set to expire in August. The government addressed this very recently through the Minister of Transport's Bill C-49, an omnibus bill that changes just about every transportation-related law imaginable. Then the government realized that part of the bill absolutely had to go through before August or western grain producers would run into problems, so the Standing Committee on Transport, Infrastructure and Communities was told there had been a little mistake and it would have to speed up its study of the whole bill in order to pass this one little measure.

We moved a motion to split the bill so the government could get the job done faster, achieve its goals, and deal with grain producers' concerns. I am looking forward to its response. We have come up with some good, reasonable proposals to move this country's legislation and files forward, but nothing the opposition suggests is good enough for the government. That is the problem.

The government wants our trust, but that is hard. Remember Motion No. 6 and the attempts to change the rules of the House, not to mention the consultations that never happened on partisan appointments as in the case of Mrs. Meilleur? The government wants our trust and says it is going to work hard, but it is making no promises not to take full advantage of this extraordinary measure to change the rules of the House. That brings me to our other condition: the government must pledge not to move a motion to change the rules of the House. Maybe then it will have the people's support.

In short, we are ready to work. To conclude, I am going to quote the Parliamentary Secretary to the Leader of the Government in the House of Commons, who told the Hill Times, in an article published on May 29, that their goal was to feel productive inside the House of Commons.

Giving the impression of being productive does not produce anything. It simply gives the impression of work. What we want is some real work. We want to work late, and we are prepared to do that and to collaborate with the government, but we are asking it for two little things. If the government really wants us to recommend its bills and if it really wants us to help it move its agenda forward, which is not as ambitious as all that, I would note in passing, then let it give us, too, the opportunity to make our motions and to present our concerns as they relate to Canadians. The government will then certainly have the support of our party and the official opposition.

This is an invitation to collaborate that I know will go nowhere.

[The Chair, Liberal, Anthony Housefather]

Yes.

The other question is that we've received the analysts' notes to start our legal aid recommendations. Currently we have the MSLA, which we need to finish today. If we don't finish this, it would go on to Thursday. If we do finish it today, which I'm not sure we can because of the votes, would we be ready on Thursday to do the recommendations on legal aid, or would you like to carry that over until next week to have more time to study the analysts' report?

Would we be okay to do that next Thursday? Of course, if Bill C-46 comes, we may revisit that as a group. Is everybody good with that?

Today, while we are waiting for the witnesses, what I will recommend with the MSLA is that we go one after another, and if anybody has questions or comments on any clause, we'll discuss it with the witnesses, and then if there is any objection, it will be withdrawn, as we need unanimous consent to proceed with each of the provisions.

At this point, until the witnesses get here, I'm pretty stymied as to proceeding, so let's just briefly recess while we wait for the witnesses.

Cannabis Act

[Jody Wilson-Raybould, Liberal, Minister of Justice and Attorney General of Canada]

moved that Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, be read the second time and referred to a committee.

Mr. Speaker, it is my privilege to speak today to Bill C-45. The bill proposes a framework to restrict and strictly regulate access to cannabis in order to protect the health and safety of Canadians, to keep cannabis out of the hands of young people, and to keep the profits out of the hands of criminals.

I introduced Bill C-45 on April 13, alongside another important piece of legislation, Bill C-46, which proposes new and stronger laws to more seriously tackle drug and alcohol impaired driving.

In the 2015 Speech from the Throne, our government committed to legalizing, strictly regulating, and restricting access to cannabis. This commitment is motivated by a recognition that Canada's existing approach to cannabis, one of criminal prohibition, is not working. It has allowed criminals and organized crime to profit, while failing to keep cannabis out of the hands of young Canadians. In many cases, it is easier for kids to buy cannabis than cigarettes or a bottle of beer.

Statistics tell us that the current system of criminal prohibition is failing. Youth in Canada use cannabis at some of the highest rates in the world. A 2013 UNICEF report found that teenagers in Canada used cannabis more than teenagers in any other developed country. The 2015 Canadian tobacco, alcohol and drugs survey found that 21% of Canadian youth aged 15 to 19 and 30% of young adults from age 20 to 24 reported using cannabis.

The current approach to cannabis has created an environment where organized crime reaps billions of dollars in profits from the sale of illicit cannabis, and thousands of Canadians end up with criminal records for non-violent minor cannabis offences each year.

A majority of Canadians no longer believe that simple possession of small amounts of cannabis should be subject to harsh criminal sanctions, which can have lifelong impacts for individuals and take up precious resources in our criminal justice system. Our government agrees that there is a better approach.

Bill C-45 would pave the way for Canada to become the first G20 country to enact legislation to legalize and strictly regulate cannabis at the national level. The overall goal would be to protect the health and safety of Canadians, with a particular focus on protecting young people. Our government understands the complexity of this initiative. That is why we have taken a cautious evidence-based approach.

To ensure that our legislation would be informed by evidence, my colleagues, the Minister of Public Safety and Emergency Preparedness and the Minister of Health, and I announced the creation of a task force on cannabis legalization and regulation on June 30, 2016. Its mandate was to advise our government on the design of a regulatory system.

The task force conducted extensive consultations across the country, visited the states of Washington and Colorado, both of which have legal access to cannabis for non-medical purposes, and considered nearly 30,000 online submissions sent in by Canadians. It also sought the views of a diverse community of experts, professionals, advocates, front-line workers, youth, indigenous communities and organizations, government officials, law enforcement, citizens, and employers, as set out in its mandate.

All Canadians owe a debt of gratitude to the chair of the task force, the Hon. Anne McLellan, and the eight other distinguished members, all experts in their own right and all of whom volunteered significant amounts of their time throughout the second half of 2016.

The task force delivered its final report on December 13, 2016, entitled, “A Framework for the Legalization and Regulation of Cannabis in Canada.” The chair described this final report as the result of a truly national collaboration, featuring a diversity of opinions and expertise expressed by those who gave their time and reflections.

I would invite members who may wish to inform themselves of the complex and cross-cutting issues and challenges associated with cannabis legalization to have a look at this substantive piece of work. The report has been very well received, is comprehensive, and provides important background information on the issues this bill seeks to address.

The task force is comprised of over 80 recommendations for the development of the cannabis framework in Canada. It reflects a public health approach aimed at reducing harm and promoting the health and safety of Canadians.

The recommendations fall under five themes:

First, in taking a public health approach to the regulation of cannabis, the task force proposed measures that would maintain and improve the health of Canadians by minimizing the potential harms associated with cannabis use.

Second, the task force called for the creation of a safe and responsible supply chain and recommended the design of an appropriate distribution system. The task force noted that the government's principal interest should be to establish an efficient, accountable, and transparent system for regulatory oversight of the supply chain, emphasizing the protection of health and safety and reducing diversion to the illicit market. It recommended that wholesale distribution of cannabis be regulated by the provinces and territories.

Third, the task force highlighted the need for clear enforceable rules to ensure that all Canadians and law enforcement agencies understood what was permitted and what continued to be prohibited under the new legal regime. The task force also heard that penalties for contravening the new rules would need to be proportional to the contravention and that the criminal justice system should only be employed where truly necessary.

Fourth, the task force recommendations for a regulatory framework for non-medical cannabis were informed by the existing rules governing the medical system. These rules establish safeguards to ensure product quality and security, as well as safety provisions to prevent diversion.

Fifth, the task force report underscores that the regulation of cannabis is a complex public policy issue. As with other such issues, the depth and scale of the complexity increases as we turn to the practicalities of implementation. Our government recognizes that it will be necessary for all levels of government to coordinate efforts in order to implement an effective regime. We remain committed to working with our provincial and territorial counterparts, as well as with municipalities, to develop a framework that strictly regulates access to cannabis in a way that works for everyone involved.

Building on the recommendations of the task force on cannabis legalization and regulation, our government has proposed legislation that pursues a new approach to the regulation of cannabis. The approach sets national standards and will be more effective at protecting public health and safety, keeping cannabis out of the hands of youth and reducing the role of the illegal market and organized crime.

Our government's commitment to legalize and strictly regulate cannabis marks a major change for Canada. However, I am convinced that what is proposed in Bill C-45 is the best approach for Canadians.

I would like to speak to a few components of Bill C-45.

I will begin by highlighting the overarching purpose of the bill. Simply put, its purpose is to protect the health and safety of Canadians. Specifically, it aims to protect the health of young people by restricting their access to cannabis; to protect young people and others from advertising and other promotional activities that are likely to encourage them to use cannabis; to provide for the lawful protection of cannabis to reduce illegal activities in relation to cannabis; to deter illegal activities in relation to cannabis through appropriate sanctions and enforcement measures; to reduce the burden on the criminal justice system in relation to cannabis; to provide Canadians with access to a quality-controlled supply of cannabis; and to enhance public awareness of the health risks associated with cannabis use.

I want to emphasize that while our government is legalizing cannabis, we are also strictly regulating and restricting access to it.

Bill C-45 would create a new legal framework that would allow adults to access legal cannabis through an appropriate retail framework, sourced from a well-regulated industry or grown in limited amounts at home. Adults 18 years or older would be permitted to legally possess up to 30 grams of legal dried cannabis in public, or its equivalent in other forms. Adults could also legally share up to 30 grams of dried cannabis, or its equivalent, with other adults. Selling, or possessing cannabis to sell it, would only be lawful if authorized under the act. Under no circumstances could cannabis be sold or given to a young person. Production of cannabis would also have to be authorized under the act.

Possession, production, distribution, importation, exportation, and sale outside the legal framework would be illegal and subject to criminal penalties. These penalties would be proportionate to the seriousness of the offence, ranging from ticketing up to a maximum penalty of 14 years' imprisonment. This reflects a measured approach to meet our legislative objectives.

Bill C-45 would exempt young persons who possess up to five grams of cannabis from criminal prosecution. Our government has proposed this approach because we do not want to expose young people to the criminal justice system for possessing what amounts to very small amounts of cannabis.

For possession or distribution of more than five grams, young people would be subject to the provisions of the Youth Criminal Justice Act, which emphasizes community-based responses that promote rehabilitation and reintegration. For less serious offences, alternatives to charging would be encouraged, such as taking no further action, warning the young person, or referring the young person to a community program or agency to help address the circumstances underlying the offending behaviour.

Moreover, our government would be engaging with the provinces and territories to encourage them to create provincial offences that would apply to youth possession under five grams of cannabis. This would provide police with the authority to seize cannabis from a young person while not subjecting the person to the consequences of criminal liability for these small amounts. This would be similar to the approach that has been taken in the context of alcohol.

Such a measured approach for youth is consistent with the task force report, which stated that simple possession for youth should not be a criminal offence but that sanctions should focus on adults who provide cannabis to youth. It is also consistent with the substantive body of evidence concerning the heightened risks of cannabis use for young persons, including the effects on brain development. This approach would also address our objective of keeping cannabis out of the hands of youth while ensuring that they do not enter the criminal justice system for minor possession offences.

Bill C-45 would allow cannabis producers to promote their brands and provide information about their products, but only where young persons would not be exposed to it. These limits are reasonable. They would allow adult consumers to make informed decisions, but they respond to the greater risks cannabis poses for young people.

Under the proposed legislation, the federal, provincial, and territorial governments would all share responsibility for overseeing the new system. The federal government would oversee the production and manufacturing components of the cannabis framework and would set industry-wide rules and standards.

Provinces and territories would generally be responsible for the distribution and sale components of the framework. They would also be able to create further restrictions as they saw fit, including increasing the minimum age in their jurisdictions to, for example, align with the drinking age, and lowering possession limits for cannabis, which could be pursued to further protect youth. Further, the provinces and territories, along with the municipalities, could create additional rules for growing cannabis at home, including the possibility of lowering the number of plants allowed for residents and restricting the places in which cannabis could be consumed.

In addition to working with the provinces and territories to establish a secure supply chain, jurisdictions would be key partners in our government's efforts to raise public awareness about the potential risks associated with cannabis use.

Our government believes in evidence-based policy. We would monitor patterns of and perceptions around cannabis use among Canadians, especially youth, through an annual Canadian cannabis survey. The data gathered would inform and refine public education and awareness activities to mitigate the risks and harms of use. In this regard, as spelled out in budget 2017, existing funding of $9.6 million would be directed to public education and awareness and monitoring and surveillance activities.

Our government intends to offset the broader costs associated with implementing this new system by collecting licensing and other fees and through revenues generated through taxation. This is currently what we do with the tobacco and alcohol industries.

Subject to approval by Parliament, our government intends to bring the proposed legislation into force no later than July 2018. At that time, adults across Canada would be able to legally possess up to 30 grams of dried cannabis, or its equivalent, when in public. They could share up to 30 grams of dried cannabis, or its equivalent, with other adults. They would be able to purchase dried or fresh cannabis or cannabis oil from a provincially regulated retailer, or, in jurisdictions that have not put a regulated retail framework in place, online from a federally licensed producer. Adults could choose to grow up to four cannabis plants per residence, subject to a height restriction of one metre. They could also make legal cannabis-containing products, provided that dangerous solvents were not used.

Upon the legislation coming into force, adults would be able to legally purchase fresh and dried cannabis, cannabis oils, and seeds or plants for cultivation. Other products, such as edibles, would become available at a later date, once federal regulations for their production and sale were developed.

I would note as well that the current program for access to cannabis for medical purposes would continue under the new act. This is in keeping with the task force recommendation to initially maintain a separate medical access framework to support patients.

Our government has been clear that to meet its objectives of keeping cannabis out of the hands of kids and the profits out of the hands of criminals, there needs to be a legal means by which adult Canadians can purchase cannabis. Our government's objective is to provide room for the provinces and territories to establish distribution and retail systems that align with their unique circumstances.

Recognizing that some provinces and territories may not have systems set up and running upon royal assent, our government is proposing to facilitate access for Canadians to a regulated, quality-controlled supply of cannabis through a secure mail system via existing licensed producers.

I would like to conclude by encouraging all members to support Bill C-45. I know that the status quo is not working. All members of this House understand that we must do better, especially for our youth. The proposed legislation represents a balanced approach designed to protect the health and safety of Canadians. It would provide adults with regulated access to legal cannabis while restricting access by youth. It would put in place strict safeguards to protect youth from being encouraged to use cannabis and would create new offences for those adults who either provide cannabis to youth or use youth to commit cannabis-related offences.

By reducing demand in the illicit market, the proposed regime would also cut the profits of criminal organizations that are benefiting greatly from the current regime.

Bill C-45 would also help reduce the burden on police and the criminal justice system with respect to non-violent minor offences. In addition, the bill proposes to strengthen laws and enforcement measures to deter and punish more serious cannabis offences, particularly selling and distributing to youth and selling outside the regulatory framework.

Following the debate at second reading, I urge all members of the House to support BillC-45 at second reading and refer it to committee.

Criminal Code

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, I rise today to speak to Bill C-46. Just as clarification for folks watching on television, this is not the bill to legalize marijuana, but the bill to deal with offences related to the conveyance, and also to deal with offences and procedures related to impaired driving for both cannabis and alcohol.

It is important to note at the outset that the Conservatives support measures that protect Canadians from impaired drivers. Impaired driving has needlessly taken away too many lives far too early. Unfortunately impaired driving remains one of the most frequent criminal offences and it is among the leading criminal causes of death in Canada. The legalization of marijuana must be considered with this reality in mind.

Let me be very clear. I do not support the legalization of marijuana. The Conservative Party has adopted a much more measured, responsible approach to keep minor marijuana possession illegal but to make it a ticketable offence. This is a position that has long been adopted by the Canadian Association of Chiefs of Police. However, if Liberal backbenchers are willing to support the Prime Minister's dangerous proposal, which sadly appears to be the case, we have a moral responsibility to soberly consider the consequences of legalizing marijuana in so many areas of Canadian life, including on the safety of motorists on our roadways.

As I said, we on this side of the House always have supported measures that protect Canadians from impaired drivers. The mandatory fines and higher maximum penalties send a strong message that Canadians will not tolerate impaired driving. Indeed, this is the type of common-sense legislation the Conservatives regularly brought forward when we were in government and the Liberals opposed. I am pleased to see that on this issue the Liberals seem to have come around somewhat, but we also know there are many factors to take into consideration other than just penalties, and those concerns must also be addressed.

For one thing, the Liberal government has indicated that it plans to rush both Bill C-45, the legalization of marijuana, and Bill C-46, this legislation, through Parliament by July 2018. This is a hurried and unrealistic legislative timeline that puts the health and safety of Canadians at great risk, given the immensity of the task and the volume of the questions that have been left unanswered. One such challenge lies with law enforcement.

While I certainly have confidence in our law enforcement officers, as is to be expected with such radical change, police do not currently have the resources or the training required to manage the increased threat of impaired driving associated with the legalization of marijuana. Moving forward with this legislation prior to properly resourcing and training police in a classic “cart before the horse” scenario but with profoundly dangerous and deadly consequences is reckless.

The chair of the Liberals' marijuana task force has said that the best solution for the issue of impaired driving is to give researchers additional time to develop proper detection tools, yet time is something the Liberals seem unwilling to give. Addressing these issues must be a priority of the Liberal government long before legalization, and adequate time is needed to get it right.

The marijuana task force report highlights a number of the complications that exist when it comes to cannabis-impaired driving. “It is clear that cannabis impairs psychomotor skills and judgment”, it reads, before launching into a list of considerations when it comes into actual testing for impairment.

Here are several of the points raised.

While scientists agree that THC, or the tetrahydrocannabinol, impairs driving performance, the level of THC in bodily fluids cannot be used to reliably indicate the degree of impairment or crash risk. Whereas evidence was gathered over many years to arrive at an established metric for alcohol intoxication, the blood alcohol concentration levels, these types of data do not exist for cannabis. In contrast to alcohol, THC can remain in the brain and body of chronic heavy users of cannabis for prolonged periods of time, sometimes several days or even weeks, far beyond the period of acute impairment, potentially contributing to a level of chronic impairment. Some heavy, regular users of cannabis, including those who use cannabis for medical purposes, may not show any obvious signs of impairment even with significant THC concentrations in their blood. Conversely, infrequent users with the same or lower THC concentrations may demonstrate more significant impairment. There is a significant combination effect when cannabis is consumed with alcohol, leading to a greater level of intoxication and motor control problems than when either substance is consumed individually.

Other challenges exist, including the need to account for the rapid and sharp decline of THC levels in the blood in the hours following consumption through smoking. With edibles, the decline is more gradual. When these complications are coupled with the fact that there is still really no reliable testing device for marijuana impairment, it becomes clear that the July 2018 timeline is pushing the limit. Even with an effective testing device, the task force report noted that there was little agreement among experts on what the limit for THC should be.

With this bill, there are more questions than answers. This does not mean that we cannot find answers; it just means that we need more time to research. The report suggested additional research in these areas: to better link the THC levels impairment; to develop effective and reliable roadside testing tools to detect THC levels and help law enforcement enforce the rules that are put in place; and to hire and train more drug recognition experts and officers able to conduct standardized field sobriety tests.

Second, as the minister of youth, the Prime Minister should understand that adolescence is a critical time for brain development. Research shows that the brain is not fully developed until around age 25, so youth are especially vulnerable to the effects of cannabis on brain development and function. This is because the THC in cannabis affects the biological system in the brain that directs its development.

Health Canada has noted several negative effects of using cannabis, including how:

The THC in cannabis can impair your ability to drive safely and operate equipment. It can also increase the risk of falls and other accidents.

This is because THC can affect one's coordination, reaction time, ability to pay attention, decision-making abilities, and the ability to judge distances.

Health Canada also says:

Impairment can last for more than 24 hours after cannabis use, well after other effects may have faded. People who use cannabis regularly may have trouble with certain skills needed to drive safely for weeks after their last use.

The consequences for driving are obvious and the potential harm this can cause to young Canadians is alarming. Taking the time we need to consider the long-term impact on young Canadians is so much more important than a self-imposed deadline.

Third, public education plays a significant role in ensuring that Canadians do not get behind the wheel when they are impaired. However, we know that even the most effective public education campaign does not achieve success over night. The Liberals have yet to take proper steps to develop effective educational campaigns to deter Canadians from impaired driving. Without a doubt, the government must ensure that Canadians fully understand the risks of impaired driving before moving forward with legislation.

When the Prime Minister expressed his intention to push these new laws through Parliament by July of next year, his main concern was not with the safety of motorists on our roads, but instead about the symbolic optics for him and his party. This should not be the focus of the Liberal government with so much at stake for public health and safety.

While doing some reading on this issue, I came across several articles that I thought would be helpful contributions to this discussion.

In a 2015 Globe and Mail article, data was presented detailing how four emergency rooms in British Columbia surveyed 1,097 drivers and found that cannabis was the most common recreational drug, after alcohol, used among injured drivers; 7.3% were found to have consumed marijuana in the hours preceding their crashes; and 12.6% still showed traces of the drug from earlier use.

Another article shared on the Mothers Against Drunk Driving website, originally in the December 9, 2015, edition of The Province, tells the story of a constable from the Abbotsford police reviewing the report from a Saturday night's roadside counter attack effort aimed at combatting impaired driving. This overnight report included four driving suspensions for drivers impaired by marijuana while there were no mentions of drivers impaired by alcohol. The constable even shared about what he called “a 'Cheech & Chong' scenario, where the windows come down and the billowing smoke comes out of the car.”

In the article, Andrew Murie, CEO of MADD, stated, “There’s this impression out there by young people, especially, that they’re safer (driving) stoned than drunk...If you’re high on pot, your skills to drive a motor vehicle are deteriorated and you’re at risk of being in a crash.”

It is precisely this sort of myth that must be tackled before marijuana becomes not only more accessible to Canadians, including young people, but more acceptable in a recreational context. It must also be considered in the legislation. Time is what is required, time to study this, time to hear from the experts and get the proper research and data we need. I urge the Liberals to take the appropriate amount of time to engage with Canadians in a public education campaign and to abandon their reckless rush on this legislation.

Numerous voices have sent these same messages to the Liberals. In fact, their own marijuana task force recommended extensive marijuana and impaired driving education and awareness campaigns before the drug's legalization, noting in its report, “Public opinion research shows that youth and some adults do not understand the risks of cannabis use.” Worse yet, youth underestimate the risks of cannabis use.

The Centre for Addiction and Mental Health points out that cannabis affects a person's ability to drive by impairing depth perception, attention span, and concentration, slowing reaction time, decreasing muscle strength, and hand steadiness. Do Canadians, and Canadian youth in particular, know these essential facts? The Canadian Automobile Association concurs on the need for public education and adds “It’s clear from the report that work needs to start immediately in these areas, and that the actual legalization should not be rushed”.

In the states of Washington and Colorado, public education campaigns did not begin until two years after legalization. The task force report noted, “Officials from both states strongly advised starting educational campaigns as soon as possible.”

As a Globe and Mail article highlights, both states have “seen significant increases in the proportion of fatal accidents involving drivers who tested positive for the drug.” It goes on to say, “the percentage of those accidents in which the drivers tested positive for marijuana increased considerably.”

Colorado saw about 10% of drivers involved in fatal accidents test positive for the drug in 2010. In 2014, a year after recreational marijuana sales were legalized, that percentage nearly doubled. A similar doubling occurred in Washington in the same period from about 6% to 12%. Without a proper public education campaign, this legislation will lead to the same tragic mistakes seen in these two jurisdictions.

The task force also identified a need for immediate investment and to work with the provinces and territories to develop a national, comprehensive public education strategy to send a clear message to Canadians that cannabis caused impairment and the best way to avoid driving impaired was not to consume. The strategy is also to inform Canadians about the dangers of cannabis-impaired driving, with special emphasis on youth and the applicable laws and the ability of law enforcement to detect cannabis use.

Much can be learned from the way public education has changed the way Canadians look at drinking and driving. Although we still have far too many tragic incidents, there is a better understanding of the consequences of alcohol-impaired driving today than there has been historically.

If legalization proceeds without taking into account the lessons learned from drunk driving prevention education, including the amount of time it took for public education campaigns to yield meaningful results, it will be a fatal mistake.

I want to reiterate that I have many serious concerns about the legalization of marijuana. If the Liberals are going to move forward with this legislation, it is incumbent upon all of us to lay the proper groundwork for the protection of the Canadian motorists, cyclists, and pedestrians who share our roads.

We must also ensure that young people understand the risks inherent in marijuana usage so that we can avoid needless loss of life based on myths that suggest that marijuana causes somewhat less impairment than alcohol. These assertions must be countered with the truth for the safety of everyone. The Liberals must abandon their politically motivated, rushed timeline to allow more time to prepare for the consequences of marijuana legalization and to ensure that Canadians are protected from impaired drivers.

This legislation is being rushed to committee. It is being rushed through the House. The debate has been curtailed. As Conservatives, the right thing to do is to support it, because we know that the Liberals are going to push it through anyway. We need to get it to committee. We need to study it thoroughly. We need to bring in expert testimony. We need to consider the effects cannabis could have on our youth. We need to consider whether the age limit is correct as is currently prescribed in the legislation.

The medical community has indicated very clearly that the brain is developing until the age of 25 and that the early use of marijuana does irreparable damage to the brain. The medical community strongly suggests that we not legalize marijuana prior to the age of 21, yet the Liberal government has recklessly proceeded with legislation that would legalize it at the age of 18.

The Liberals have said that they want to keep marijuana out of the hands of children and youth. I would suggest that it currently is not as abundantly found in homes as it would be once this legislation was passed. People would be allowed to have four mature marijuana plants up to 100 centimetres. I do not know if that is 100 centimetres in height or length or what, but if it is actually 100 centimetres in height, they would start growing horizontally, and that would create other problems. We know that four mature marijuana plants also means that there would be non-mature marijuana plants growing in the same household that would reach maturity at different stages. As we heard in earlier testimony, that could mean upwards of 12 marijuana plants per household in Canada. Law enforcement would not make a huge effort to ensure that those limits were maintained. That is going to be problematic.

The good thing is that the Liberals are being somewhat proactive with Bill C-46 by at least trying to address the concerns with respect to impaired driving from both cannabis and alcohol.

Something that has not been mentioned, at least I have not heard it mentioned, is what the impact will be on employers. I own a construction company that deals with heavy equipment. What burden will this place on employers to properly test that their employees are not coming to work stoned and under the influence of marijuana? When I am looking at machines that operate 150,000 to 200,000 pounds of payload, and I have a guy operating that equipment who is under the influence of cannabis that I cannot properly detect, that is going to put not only him but many others at grave risk.

There are lots of things in this legislation that need to be carefully examined. I am hopeful that the Liberals will allow for proper time at committee to examine this legislation carefully and to bring in expert testimony. Contrary to what I have seen at committee in the past, I am hopeful that the Liberals will allow for meaningful amendments to be considered and passed.

The House resumed consideration of the motion that Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, be read the second time and referred to a committee.

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

Mr. Speaker, the proof will be in the pudding. If the government is willing to accept reasonable amendments to Bill C-46 and we end up with something that is reasonable, it would be good for Canada, but I am not optimistic because of the bafflegab that we hear from the government and the smoke and mirrors that they want a consultation with Canadians.

I sure hope that the government is sincere in what it is saying, but I am not optimistic.

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

Mr. Speaker, I have a couple of points of clarification. Perhaps I have not done a good enough job of explaining to the member that the government's actual proposal with respect to Bill C-45 is to legalize, regulate, and restrict cannabis in order to keep it out of the hands of our kids, to take the profits away from organized crime, and to create a safer, healthier, and more socially responsibly environment for all Canadians. For some reason, he did not catch that last part, and I wanted to share that with him.

There have been a number of comments with respect to waiting. I take the member for Langley—Aldergrove's point. He appears to be quite adept at waiting.

The measures that are proposed under Bill C-46 have been introduced in other jurisdictions. For example, in Ireland there was a 23% reduction in impaired deaths as a result of the measures we are now proposing to enact here in Canada. In New Zealand, it was up to 54%, and in New South Wales, Australia, it was 48%.

I have spent many years being responsible for road safety and the safety of my communities, and in my experience tough talk does not keep people safe. What does keep people safe is the absolute certainty that they will get caught. The measures that are proposed in this legislation will do precisely that. Introducing a new measure to ensure that everyone who is legally stopped by a police officer roadside must submit to an alcohol-screening breath test has been proven in many jurisdictions to save lives, so I am confident that although tough talk has not worked for over a decade, the smart action that is proposed in this legislation will do just that.

With respect to the member's concerns about the technology and the devices, his information is a little out of date. In the United Kingdom, oral testing is being used in a jurisdiction with very similar laws to those being proposed here, and the positive results of those tests are used to demand a blood sample, exactly as our legislation proposes. Also, those devices have been in use in Australia since 2009 and have resulted in criminal charges in that jurisdiction.

We have relied on the advice of the drugs and driving committee of the Canadian Society of Forensic Science with respect to which devices should be approved. We have tested two of those devices in Canadian conditions. They work exceptionally well, and we are very confident going forward.

Now is the time to act. The country has waited a decade for action and did not get it. Now we are prepared to provide the right response, the tools, the technology, and the training.