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.

Marijuana

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, both bills, Bill C-45 and Bill C-46, are extremely important. Bill C-46 includes the toughest measures in the world to deal with impaired driving.

We have worked very carefully with all members of Parliament, with the Senate, with provinces, and with law enforcement agencies to get this strengthened law in place. I look forward to the Conservative Party actually supporting Bill C-46, because some of the elements in that bill were originally proposed by the hon. member.

Report Stage

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, it gives me great pleasure to be joining the debate on Bill C-57, although I must agree with my Conservative colleagues that it is unfortunate to be doing it under the yoke of time allocation.

It is a strategy that the federal government seems to be employing quite a bit this week. I was having an exchange with the member for Perth—Wellington earlier today about this resembling a student who has missed the due date for his homework and has suddenly realized it is coming up and he had better rush things. We have been wasting time over February, March, April, and May, and now we are almost into June. If we look at the parliamentary calendar, we see that time is suddenly short, so the Liberals are feeling the need to engage in these draconian tactics to limit the ability of members to be here on behalf of their constituents. Every single one of these seats represents a unique geographic area of Canada, and the people of Canada deserve to have their voices and concerns raised in this House by the members who represent them.

That said, let us now turn to the bill before us, Bill C-57.

I want to compliment my friend and colleague, the member for the riding of Edmonton Strathcona. She has decades of experience in the field of environmental sustainability. When she speaks to our caucus or delivers speeches in this House or at committee, people listen, because they realize this member has the experience and the knowledge. Very rarely have I seen people contradict her, because they know that she is usually right. She has the experience to back it up.

I want to walk the House through a bit of the history of how we got to Bill C-57. We would have to go back to the spring of 2016, when the Standing Committee on Environment and Sustainable Development reviewed the current act. There is a mandate in the act that it has to be reviewed every certain number of years. I believe it is every three years. That is just to make sure that it is staying up to date with the changing nature of Canada, to see if we are meeting our goals or if anything needs to be tweaked, and to see if the government has been doing a good job in following the existing act. That is why it is important.

As a part of this review, the committee, as committees usually do, brought forth witnesses to testify with respect to the current act and present some recommendations for ideas for reform. Witnesses at the committee found the current act lacking in two important ways. First, unlike the definition of “sustainable development”, it focuses on environmental decision-making and ignores the social and economic pillars of sustainable development; second, the purpose is about transparency and accountability for environmental decision-making, rather than about advancing sustainable development. The committee agreed with those significant shortcomings and recommended that the act be amended to require the development of an effective federal strategy that will inspire, in equal measure, environmental, social, and economic advancement toward a better future, something I think that all members in this House can very much agree to.

The unfortunate thing with the bill before us, Bill C-57, is that it only partially addresses these deficiencies and recommendations. It is important to note that the updated law should reflect the broader UN sustainable development goals, which have been endorsed by Canada.

I want to list some key things that came about after that study, because when Bill C-57 made it to the committee, the Liberal government did not even listen to its own members of Parliament on that committee. It did not even listen to the recommendations that had come from the environment committee. That is a real shame, because suddenly we have Liberals recommending something, only to see their government completely ignore it. That action shows that the government is not committed to delivering on its commitments under the broad UN sustainable development goal to ensure the whole of government ensures that its laws and policies reflect environmental, social, and economic needs.

I want to drill down on that, because the member for Edmonton Strathcona really was faced with a Herculean task. Many of my colleagues who sit on committees know this. Since the NDP has just one spot on a 10-member committee, that one member does not have the luxury of teamwork with other MPs. The work often falls upon us, so when it comes to the amending stage of a bill, the clause-by-clause part of a bill, it is a pretty big task.

I can remember doing that last year at the justice committee when I was the justice critic for our party, especially when it came to Bill C-46. That was a gargantuan justice bill, and my staff and I were pretty busy on that.

Going back to the matter at hand, Bill C-57, almost all of the amendments by the member for Edmonton Strathcona at committee were based on three things: recommendations from the Commissioner of the Environment, recommendations from expert witness testimony at the committee, and recommendations from the committee itself.

She had three very good arguments behind her recommendations. What did the Liberal-dominated committee do? It voted down those amendments, flying in the face of the evidence. The government likes to pride itself on evidence-based decision-making. I have yet to hear a coherent answer from the government side as to why the Liberals did that to the amendments of the hon. member for Edmonton Strathcona, when they knew she has years of experience and that her amendments were based on solid evidence. We have still not received any good reasons on that.

The House voted today, historically I might add, for Bill C-262, which was moved by my hon. colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou. It was a historic moment for the House of Commons, because that private member's bill passed third reading and commits the federal government to ensuring that all laws are in compliance with the United Nations Declaration on the Rights of Indigenous Peoples.

One of the amendments by the hon. member for Edmonton Strathcona was to ensure that Bill C-57 actually included a reference to UNDRIP. However, that was voted down. Then the Liberals decided they would vote in favour of the bill that is now going to mandate adherence to UNDRIP. Canadians should try to work their way through the reasoning behind that. I am still having some problems doing it.

That said, UNDRIP has passed this House. It is going to the other place now. I wish senators well. I certainly hope they will look at the hard work we did here in the House of Commons that recognize that in 2018, we are at a place in this great country where we can no longer afford to play the role of a colonizer. We have to make sure that first nations in Canada are the full and equal partners they very much deserve to be. It is only when we make sure that all of our federal laws recognize that implicitly that we will be able to move beyond our past—never forgetting it, but moving beyond it—to a place where most people would like us to be.

I know that my time on this bill is short, so I just want to end with this. The day that the Minister of Environment moved time allocation on this bill was Tuesday, the very day the Liberal government announced it was purchasing the Kinder Morgan pipeline for $4.5 billion. That is just the price tag for the existing infrastructure. There is no word on the cost of expanding the pipeline. I just think that when the environment minister is moving to shut down debate on a bill that seeks to bring federal departments in compliance with sustainable development goals and yet buys a pipeline, which is infrastructure that rightly belongs in the 20th century, it makes a mockery of the government's real commitment to addressing climate change.

I would dearly like to know what federal department is going to be in control of the Kinder Morgan pipeline, and how it can possibly justify its sustainable development when it is going to be operating something that makes a mockery of our climate change commitments.

This being 2018, with all of the evidence of climate change all around us, we certainly need this country to be taking a firm and strong direction in addressing climate change. I think everyone who looks to future generations knows that we owe them that at this moment in time.

I will conclude there. I have appreciated this opportunity to speak to Bill C-57. I welcome questions and comments from my colleagues and friends.

Bill C-75—Time Allocation Motion

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

Mr. Speaker, I think there are two questions there. The member opposite references Bill C-46, which is the impaired driving legislation. When passed, this measure will create among the toughest impaired driving regimes in the world. I find it remarkable that the opposition members are talking about impaired driving when members of the Conservative Party in the other House voted to gut Bill C-46 to remove mandatory alcohol screening, which has proven to save lives, which is supported by MADD Canada, and which is supported by the chiefs of police. This is remarkable.

In terms of sentencing, which is what the member opposite is talking about with respect to impaired driving, we are looking at reclassifying offences. This is not to change the fundamental principles of sentencing, which require proportionality, but to ensure that we provide prosecutors with the necessary tools to utilize their discretion to proceed by way of summary conviction or by indictment to ensure that they can use their discretion and assist with respect to court delays.

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

Mr. Speaker, the Minister of Justice, in response to the question posed by the hon. member for Niagara Falls, stated that she is committed to getting tough on impaired drivers. It was this Minister of Justice who opposed tougher sentences in Bill C-46 for the most serious of impaired driving offences, including impaired driving causing death, and it is now this minister who has introduced legislation in Bill C-75 that will make the offence of impaired driving causing bodily harm prosecutable by way of summary conviction. In other words, instead of facing up to 10 years behind bars, individuals who commit the offence of impaired driving causing bodily harm may be able to get away with a slap on the wrist and a mere fine. How is that taking impaired driving seriously?

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

Mr. Speaker, my hon. colleague raised a number of issues.

It is clear that there is a challenge with delays in the criminal justice system. The Supreme Court of Canada has challenged all of the actors in the criminal justice system to make substantive changes, to effect a culture shift. That is what we are doing with Bill C-75. Members on this side of the House have spoken. Members of the NDP have spoken. It is clear that members of the official opposition are trying to delay if not prevent second reading debate on this most important piece of legislation. It is my suggestion that we get this piece of legislation to committee, and that is what we are doing, so we can ensure that we have continued debate on this important piece of legislation to answer the Supreme Court of Canada's call.

With respect to my hon. colleague's discussions, I would be very cautious of the hon. member across the way raising impaired driving when the Conservatives have proposed removing mandatory alcohol screening from this most important piece of legislation and that would actually gut Bill C-46. We are trying to ensure there is safety on the roads. I am more than happy to talk about why we are reclassifying offences.

Controlled Drugs and Substances Act

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, it is difficult sometimes to pick up a speech where one left off several weeks ago. However, I am going to do my best to do so and will begin by commenting on the first hour of debate on this bill.

I am not sure why or how this came about, but many speakers tried to confuse the intent of this bill with those of Bill C-45 or Bill C-46, though it has nothing to do with them. Nothing in this bill has to do with arguments for or against the legalization or decriminalization of recreational marijuana. This bill has absolutely nothing to do with the discussions on those bills dealing with those questions. This bill is completely unrelated. This bill deals with the existing regime for medical marijuana, and medical marijuana only.

I hope that today, as we resume debate on this bill, we will confine discussion and debate to the subject matter of the bill, which is the home cultivation of medical marijuana that has been prescribed. Under the current regime for medical marijuana, a patient with a prescription is permitted to cultivate marijuana in their home. This bill does not reject their doing so or argue that a person should not be able to do that with a prescription.

What this bill addresses is the issue of landlord consent. This is important because it is well known that home cultivation of marijuana can damage property and create health hazards. It varies from province to province.

In British Columbia, for example, a person might be permitted to grow marijuana to fill three prescriptions in their home, two for the residents of a home, plus a prescription for a non-resident of a property. If a person combines three prescriptions, and if these are particularly heavy dose prescriptions of up to, and in excess sometimes, of 10 grams a day, the number of plants required to fill such large prescriptions if combined are quite numerous, in some cases perhaps more than 100 plants.

Putting 100 plants in one home raises a number of health considerations. I know that many members have a background or history in local government and know that from their time, as municipal government representatives, this is something that had to be dealt with when when there was widespread illegal home cultivation. The grow ops that sprung up as a result presented an enormous challenge to municipalities, law enforcement, and health authorities in dealing with the health consequences of growing too much organic matter in an enclosed indoor space. Therefore, mould and toxins are important considerations.

If a person owns their own home and wishes to grow 100 plants, and has the legal prescriptions to do so, no problem. If a person is a tenant and their landlord permits them to do so, no problem. However, if a person's landlord is not even aware of such cultivation in a home and it results in the destruction of the property, this is a tremendous problem for landlords, and a tremendous disincentive for either the development of, or investment in, rental property. If a prospective landlord has to exist in a climate in which they do not know if a tenant can destroy their property through excessive cultivation, they may choose not to even invest in that property.

We know this is a tremendous issue that all municipal and law enforcement people have been aware of, but it is also an issue in the real estate and mortgage industries. I spent my career, before running in the last election, in the mortgage business. In the mortgage business, once a property has been flagged as having been used for the cultivation of marijuana, that property is stigmatized to the point that it is unmortgageable and unmarketable.

Many lending institutions generally say that they would never lend on a property that had been used to cultivate marijuana. If there was a certificate of remediation, they might say that under a certain set of other strong criteria, they might perhaps lend on the property, but my experience over 20 years as a mortgage broker is that no lender will ever accept a mortgage application on a property formerly used for the cultivation of marijuana. They will find a way to kill it. They will render the property unmarketable and unmortgageable, and perhaps uninsurable.

Criminal Code

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, I want to give my hon. colleague an opportunity to reflect on some of the comments he has made about MADD Canada and its support for Bill C-46.

I note that on March 12, 2018, MADD issued a statement urging Canada's Senate to give its full-throated support to Bill C-46. I want the member to reflect on that statement, because yesterday it was a Conservative senator who put a block to that and tried to obstruct the passage of Bill C-46, which has been recognized as an effective piece of legislation to keep our roads safe.

Will the hon. colleague now join this side of the House and get that bill passed?

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

Madam Speaker, it will come as no surprise to my hon. colleague that the government will not be supporting his amendment. There is a very simple reason for that. His commentary is full of inaccuracies, exaggerations, and stale rhetoric. It will come as no surprise to Canadians that the Harper Conservatives keep coming back to the same kind of tough talk on crime. On this side of the House, we believe in principled, evidence-based legislation, like Bill C-75. As the former minister of justice, he should show some fidelity to the facts.

What are the facts? On judicial appointments, 100 appointments were made in 2017. That was a record number of appointments in over two decades. In Alberta, there are now 80 federal judges, five more than at any point in time under the Harper Conservatives.

I empathize with the victim who wrote the former minister of justice, my hon. colleague. However, as he admitted in his introductory remarks, Bill C-75 would do remarkable things for victims. We have reversed the onus at bail hearings to prevent repeated abusers from getting out of jail if they need to be put there pending their trial. We have raised the maximum sentences for those repeat offenders who fall into the category of sexually violent crimes and intimate partner violence.

Regarding Bill C-46, I was astonished by the comments made by my colleague. It was just yesterday that a member of his caucus stood against mandatory alcohol screening, the number one deterrent for impaired driving. He should tell that to MADD, or he should tell that to the victim in his riding or to every victim who has suffered as a result of impaired driving.

Justice

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

Mr. Speaker, one of the key elements of Bill C-46 is mandatory alcohol screening, which is in use in over 40 countries worldwide, including Australia and Ireland. Our government was very disappointed last night when the Conservatives voted to remove mandatory alcohol screening. We agree with MADD Canada that mandatory alcohol screening saves lives and that it is a fundamental piece in moving forward on and tackling impaired driving. We need this life-saving measure right now.

[Mary Ng, Liberal, Markham—Thornhill, ON]

Mr. Speaker, I was very proud in April 2017 when our government introduced Bill C-46, legislation with the ultimate goal of reducing the significant number of deaths and injuries caused by impaired driving, a crime that continues to claim innocent lives and wreak havoc and devastation on Canadian families. This legislation includes mandatory alcohol screening, which I understand would significantly deter those individuals who continue to put others at risk by driving while impaired by alcohol. Can the minister please provide the House with an update on the legislation?

Marijuana

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, the Criminal Code already has provisions to deal with drug-impaired driving. Those provisions have been in the law for many years. What we are trying to do is to enhance and strengthen those provisions with what we are adding in Bill C-46. There are new offences, new technology, and new procedures to add to what is already in the Criminal Code.

Again, I thank the opposition for officially endorsing Bill C-46. We are anxious for those members to join with us in encouraging the Senate to pass it promptly.

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, the problem of drug-impaired driving exists today. It is not a problem that will spring to life next week or next month or next year; it exists today. That is why it is so very important to pass Bill C-46. I am glad to hear the official opposition is now fully in support of Bill C-46, and I hope it will join us in encouraging the Senate to deal with it expeditiously.

[Alain Rayes, Conservative, Richmond—Arthabaska, QC]

Mr. Speaker, it was reported yesterday that the government is prepared to legalize marijuana even though Bill C-46, the drug-impaired driving bill, has not been approved yet.

By going against the advice of experts, doctors, the provinces, and law enforcement, the Prime Minister is putting Canadians' safety at risk.

I have a simple question for the Prime Minister. Can he assure Canadians that he is not going to give the go-ahead to legalize marijuana until all police officers in Canada are trained and equipped to combat the scourge of drug-impaired driving?

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

My next question is for the Commissioner of the RCMP.

At our meeting last Monday, you said that the RCMP was ready for the legalization of marijuana. However, as I mentioned in one of my questions to the minister earlier, Bill C-46 will not have been passed. How then can you confirm that the RCMP has everything it needs to monitor citizens?

[Ralph Goodale, Liberal, Regina—Wascana, SK]

We're anxious to see both pieces of legislation proceed. Bill C-45 corrects a problem that has existed for almost 100 years. The law with respect to cannabis in Canada has been long-standing, and for those 100 years it has been an abject failure. It has not kept marijuana out of the hands of our kids, and it has not kept the proceeds out of the hands of organized crime. Obviously, the existing law is not working. We need to change the approach. Bill C-45 changes the approach.

Bill C-46 deals with the larger and different problem of all forms of impaired driving, whether it's drug-impaired or alcohol-impaired, creating new offences, new technologies, and new techniques to keep our roads safer, and it needs to be passed promptly, too.