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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

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

Votes

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

May 10th, 2018 / 11:55 a.m.
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Conservative

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

That is not what you said. When you tabled Bill C-45 in the House last year, you said that Bill C-45 and C-46 were twins that they went together and could not be separated.

Today, because of the legislative process, Bill C-46 is delayed. However, the Prime Minister absolutely wants to legalize cannabis. In fact, I don't know why this is so urgent. So, you accept that Bill C-46 is not ready but that C-45 will come into effect.

May 10th, 2018 / 11:55 a.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Mr. Paul-Hus, the problem with impaired driving, whether it's drug-impaired of alcohol-impaired, exists today. It's already here. That's why, in Bill C-46, we have created new offences. We have provided for new funding and new technology to better deal with all forms of impaired driving, whether it's cannabis or anything else. The sooner Parliament can deal with Bill C-46, the better. It's not contingent on Bill C-45, because the problem already exists.

May 10th, 2018 / 11:55 a.m.
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Conservative

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

That's perfect. So with regard to public security, this issue has generated costs of $173 million.

I would also like to talk about the problems related to Bill C-45 and to Bill C-46, which concerns impaired driving.

Yesterday, your colleague Mr. Blair said that Bill C-45 could come into effect even if Bill C-46 is not ready.

As Minister of Public Safety and Emergency Preparedness, do you accept that marijuana will become legal while there will be no law governing drivers in this regard?

The RCMP Commissioner is with us today. Mr. Blair can say one thing but as Minister of Public Safety and Emergency Preparedness, do you agree with the fact that regardless of whether Bill C-46 is ready or not, marijuana will be legalized?

May 9th, 2018 / 3:50 p.m.
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Annie MacEachern As an Individual

Thank you.

Good afternoon, Mr. Chairman and committee members. Thank you very much for having me here today to discuss the amendments to the excise tax, specifically around medical cannabis. I am here today because I fear for my rights as a medical cannabis patient and for all patients who choose cannabis.

I have been actively involved in following the progress of Bill C-45 and Bill C-46 to ensure that the rights of medical cannabis patients aren't being forgotten. I have watched hours of committee meetings on ParlVu and CPAC. I have hosted public discussions in Prince Edward Island. I have written letters to members of Parliament and senators, and I've met with local MLAs, MPs, and senators and, of course, patients. Despite my best efforts I am still here fighting for safe and fair access to a treatment that I have been prescribed by my doctor.

My goal in speaking with you today is to fill in some of the gaps in the general understanding of medical cannabis, to inform you of the obstacles medical cannabis patients face, and of how the additional excise tax will only further its inaccessibility.

The myth that non-medical users will seek a licence to access medical cannabis to save one dollar a gram is simply false. The ACMPR program is not a more convenient or a less expensive way to access cannabis, especially when retail stores will be a legal option. Patients are required to order their prescribed cannabis online, as it is not available in storefronts. The shipping costs vary by licensed producers, but they range from $10 to $20 per shipment. Logically, it would make sense for patients to fill their prescription in one order to avoid multiple shipping costs per month, but many patients are living on one income or with financial assistance and have families to support.

According to CFAMM, one in five patients can't afford to fill their full prescription, let alone pay all of their prescription in one pay cycle. These statistics align with the anecdotal research that I have done through my advocacy work with patients across Canada. I'd like to take a moment to break down the costs associated with medical cannabis for you. A gram of cannabis can vary from $4 a gram to $17 a gram when it comes in dry herb form. A typical prescription is three grams a day. On average, patients pay $10 a gram.

Many people forget that patients then have to consume their cannabis. Many doctors recommend that patients use vaporizers to eliminate certain health risks associated with combustion. A quality vaporizer will cost a patient no less than $75. The only alternative to inhaling cannabis currently available to patients is sublingual oils, which are, on average, $100 per bottle.

Simply put, healthier options for medical cannabis patients are cost prohibitive. Medical cannabis is the only prescribed medicine subject to HST and GST. In addition to that, it is not covered by the generic drug plan, and only one insurance provider will be offering limited coverage for specific diagnoses like cancer, HIV, and rheumatoid arthritis. This is a great start, but it's not enough.

With the opioid epidemic rife in our country I would be remiss not to mention the recent studies that have shown a decrease in opioid prescriptions in regions that have legalized non-medical cannabis. This in turn has resulted in fewer deaths from opioid overdose.

I would like to quickly share a story with you. A friend of mine, a young woman in her 30s, struggled with an addiction to opioids and benzos for 10 years of her life. She was diagnosed with MS two years ago. With the help of cannabis she has been able to stay away from opioids, despite living every day in chronic pain. At a recent visit to the hospital for day surgery, she was offered opioids for the pain. She declined, explaining her past to the nurses. Not everyone in that situation would have been strong enough to say no.

I believe that the current costs of medical cannabis and the costs associated with it, in addition to the excise tax, will not only drive medical cannabis patients out of the ACMPR program, but also drive them back to the black market, or potentially to opioids.

Despite the benefits of purchasing cannabis from a medical producer, cost is the bottom line for many Canadians. Rather than taxing medical patients, I urge the government to please explore a different approach to taxing recreational users. We should be supporting those who have made the choice to use cannabis as a treatment as much as the patients who choose to use pharmaceuticals to medicate.

Thank you very much for your time.

May 7th, 2018 / 4:30 p.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

I would just make the point, in one sentence, that there is a schedule for implementation that has been very carefully negotiated with the provinces, and the federal government funding is in place to make it happen in a way that will support the implementation of both C-45 and C-46.

May 7th, 2018 / 4:30 p.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Mr. Carrie, the Department of Public Safety has been working with their departmental counterparts across the country to allocate the funding we've set aside for the implementation of both C-45 and C-46, and that is $270 million and some spread over a number of years. That is to make the new technology available, to accomplish the training that is necessary for the new technology, and to implement—

Budget Implementation Act, 2018, No. 1Government Orders

April 23rd, 2018 / 6 p.m.
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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, it is another good make-work project that we will not need when we get a Conservative government, because we will do away with the carbon tax. Therefore, we do not need that $120 million.

It is very clear that the government has no plan. It is parallel to what they were doing on the marijuana bills, Bill C-45 and Bill C-46. The government was really quite anxious to put out how many dollars it thought it could make with it. However, when I wrote to the Parliamentary Budget Officer about the costs of it, he said that he would tell me what they were if he knew them, but the Liberals would not tell him. This is the same. The Liberals are quite ready to talk about all the money they can make out of a carbon tax, but they will not tell anybody what it will cost.

Federal Framework on Distracted Driving ActPrivate Members' Business

March 20th, 2018 / 6:15 p.m.
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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I am pleased to have the opportunity to participate in the second reading debate of Bill C-373, an act respecting a federal framework on distracted driving. On the whole, I fully support the federal, provincial, and territorial work that is already being done on the very pressing issue of distracted driving.

Before I discuss the proposals in Bill C-373 in detail, I would like to acknowledge the commendable objectives and hard work on this bill, and express my gratitude to the hon. member for Charleswood—St. James—Assiniboia—Headingley, who introduced this bill in the House. I am not just saying that because he is my bench neighbour. He has put in a lot of hard work and energy into this bill, and I commend him for it.

At the outset, I think it is important to recognize that distracted driving poses a serious concern and risk to road safety, and those concerns are indeed escalating. The rate of motor vehicle collisions resulting from distracted driving has accelerated over the past decade due in large part to the widespread use of smart phones and other electronic hand-held devices.

I will now discuss certain specific proposals of Bill C-373. This bill would require the Minister of Justice, in co-operation with the Minister of Transport and the provincial and territorial governments, to develop a federal framework for the implementation of measures to deter distracted driving involving the use of hand-held electronic devices.

The proposed federal framework must cover six key elements: the mandatory collection of information and statistics; the enforcement of laws; public education programs on the dangers of distracted driving; driver-assistance technologies; the sharing of best practices among the provinces; and recommendations regarding possible amendments to federal laws, policies, and programs.

Four of these six key elements involve the use of both federal and provincial resources. The sharing of best practices among the provinces would only involve the provinces. The bill would also require the preparation of a report setting out the federal framework. This report must be tabled within 18 months following the coming into force of the bill. Within three years of the tabling of the first report, a report resulting from a comprehensive review of the federal framework must be tabled in Parliament. This comprehensive review must be undertaken in consultation with the provinces, territories, and key stakeholders.

As I have said, the objectives of the bill are laudable, but the government is unable to support this legislative initiative for a number of reasons. First, it is the provinces and territories who are primarily responsible for measures that respond to distracted driving. Virtually all of the provinces and territories already have legislation or regulations concerning the use of electronic hand-held devices while driving. Nunavut's legislation will be coming into force later this year.

Second, the Criminal Code includes a criminal offence of dangerous driving under section 249. If a distracted driver operates a motor vehicle in a manner that is dangerous to the public, police already have the authority to lay criminal charges of dangerous driving. I would also note that in April of 2017, the government introduced Bill C-46, an act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other acts. The bill is currently being considered by the Standing Committee on Legal and Constitutional Affairs in the other place. It would reform the entire Criminal Code regime dealing with transportation offences by repealing all of the current provisions and replacing them with a modern, simplified, and coherent new part in the Criminal Code. It would also reform impaired driving laws to strengthen existing drug-impaired driving laws and create a regime that would be among the strongest in the world.

During federal, provincial, and territorial discussions leading to Bill C-46, the issue of distracted driving involving the use of an electronic hand-held device was raised. It was accepted that the current dangerous driving offence in the Criminal Code sufficiently covers distracted driving that rises to the level of creating a danger to the public and that should result in a criminal investigation and charge.

A third reason that the government is unable to support this legislative initiative is that the bill would duplicate the actions and efforts already being coordinated by the Minister of Transport and Transport Canada. The Minister of Transport presently co-leads a distracted driving working group under the Canadian Council of Motor Transport Administrators. The imposition of a new federal federal framework on top of an existing initiative is very likely to conflict in some ways and overlap in others. Provinces are likely to see federal legislation on this matter as potentially intruding in the areas of their jurisdiction and as an implied criticism or expression of concern with regard to their efforts. This may undermine federal-provincial collaboration, which already exists and is going very well.

Over the past year, the Minister of Transport has advocated for nationally consistent enforcement measures and higher sanctions for drivers who violate provincial or territorial laws by using a hand-held device while driving. Provinces and territories have been encouraged to improve their data collection and create harmonized rules across all jurisdictions. Many of those jurisdictions have responded favourably to these suggestions and have agreed to continue to discuss these matters through the federal, provincial, and territorial council of ministers responsible for transportation and highway safety.

A fourth reason that the government is unfortunately unable to support Bill C-373 is that fully implementing the proposals in this private member's bill would have cost implications for both the federal government and the provinces and territories. It would not be surprising if provinces and territories looked to the federal government for assistance in funding some of the elements of the proposed federal framework.

The government strongly supports measures to address the serious problem of distracted driving. The work of the CCMTA, which is co-led by Transport Canada, is an important demonstration of the type of federal, provincial, and territorial co-operation that exists on this issue.

Developing a federal framework would not have a greater impact on deterring distracted driving beyond what is already being done at the federal, provincial, and territorial levels. It would not significantly improve existing co-operative efforts, and indeed could duplicate processes that are under way and potentially diffuse those initiatives. For all of these reasons, the government cannot support the proposals in Bill C-373. Of course, voting against the private member's bill will ensure that existing federal, provincial, and territorial discussions will remain intact, constructive, and productive. It will allow us to continue to focus on the exceptional work that is already being done to address distracted driving.

Notwithstanding all of these comments, I want to end where I began, by commending my hon. colleague for his efforts, his energy, and for the passion that he brings to this important subject.

Indigenous Peoples and Canada's Justice SystemGovernment Orders

February 14th, 2018 / 8:45 p.m.
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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, it is a privilege to rise on this day, a day on which the Prime Minister stood in this House to announce that we will introduce legislation to enshrine, finally, the recognition and implementation of the rights of indigenous peoples as the basis for all relations between indigenous peoples and the Government of Canada.

I was also proud to join the Minister of Justice in this take-note debate as she described in detail the hard work and great progress we have made on criminal justice reform. The many examples include Bill C-51, which would strengthen sexual assault laws; Bill C-46, which would strengthen our impaired driving laws; and Bill C-16, which would protect gender expression and identity under the charter. We have also made significant progress in renewing our relationship with indigenous peoples, one that is based on respect and the right to self-govern.

How are we doing this? We are doing it in a number of ways: one, by implementing the RCAP recommendation to create two separate departments, one that is mandated to focus on indigenous-crown relations and the other a department to focus on the provision of indigenous services; two, by embracing the UNDRIP principles; three, by the creation of the working group, which is currently reviewing all federal laws and policies to ensure that Canada is fulfilling its constitutional obligation with indigenous peoples; and four, by creating and enshrining 10 principles which inform our relationship. This is merely a starting point, in a renewed approach, where we are supporting the rebuilding of indigenous governments and nations while, in turn, reducing the use of the courts to resolve conflict.

Ultimately, this work will help assist Canada to overcome the legacy of colonization and achieve true reconciliation with indigenous peoples. This is a historic moment, one for which indigenous peoples have been advocating for many decades. As we move toward the next 150 years of Canada, we envision a country that is more inclusive of first nations, Inuit, and Métis peoples. Making the shift is fundamental to the growth and prosperity of Canada.

In terms of this take-note debate, let me say a few words.

Indigenous peoples are concerned because they do not know if the criminal justice system will treat them fairly, whether they are victim or accused. As the government strives to establish a nation-to-nation relationship with indigenous peoples, we must recognize and resolve these problems.

Let me speak for a few moments about the very well-documented, systemic challenges which currently exist in our criminal justice system. In this regard, the statistics reveal a number of concerning trends.

Indigenous people are more likely than any other Canadian to be victims of crime. Indigenous people are more than twice as likely to be victims of violent crimes than non-indigenous people. Indigenous women are also three times more likely to experience sexual assault.

Over 1,200 indigenous women and girls have gone missing or have been murdered. Sixteen per cent of all women murdered in Canada from 1980 to 2014 were indigenous, although they make up 4% of Canada's female population.

In 2015-16, indigenous adults accounted for 27% of admissions to custody in provincial and territorial institutions, and 28% of admissions to federal institutions. This is about seven times higher than the proportion of indigenous adults in the Canadian adult population. The overrepresentation is more pronounced for indigenous women than it is for indigenous men. In 2014-15, 38% of female admissions to provincial custody and 31% of female admissions to federal custody were indigenous women. Indigenous youth are also overrepresented in our jails. They are only 7.5% of the Canadian youth population, but they account for 35% of admissions to provincial and territorial correctional services.

These statistics are telling, and they call on us to do the important work that is before us now. What is that work?

In light of these trends, we are taking action to improve the experience of indigenous people in the criminal justice system. Specifically, we have taken steps to strengthen programming to improve outcomes for indigenous people when they come in contact with the criminal justice system as both victims and accused.

The 2017 budget set aside approximately $11 million in permanent funding for the indigenous justice program, and the 2016 budget boosted permanent funding for the indigenous courtwork program by $4 million. These programs offer support to reduce recidivism and tackle the root causes of delinquency among indigenous individuals in an effort to reduce their contact with the criminal justice system.

Alongside the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Department of Justice has also undertaken two new victim service initiatives to provide direct assistance to families. The first is funding the creation of family information liaison units, a new service to help families access available information about their loved ones from multiple government sources. Second, the department is providing additional funding for indigenous community-based organizations, non-governmental organizations, and victim services to support the delivery of culturally responsive and trauma-informed services for families of missing or murdered indigenous women and girls.

Of course, we know that funding alone is not enough. That is why our government has also been engaging with indigenous people and with all Canadians to assess the problems faced by indigenous people in the criminal justice system. This engagement has taken place through round tables on our indigenous justice program. I have been privileged to participate in that broad national round table engagement process along with the Minister of Justice.

More broadly, under the leadership of the Minister of Justice, our government has also undertaken a review of Canada's criminal justice system to ensure that it is just, compassionate, and fair, and promotes a safe, peaceful, and prosperous society.

What we are hearing is that the challenges facing Canada's indigenous community, including overrepresentation, which I have already alluded to, are top of mind when it comes to this government's agenda, when it comes to consultations and reform.

As our government continues the important work towards reconciliation with indigenous peoples, we have also developed 10 principles respecting Canada's relationship with indigenous peoples, principles which base the relationship between indigenous peoples and the federal government on the right of self-determination, and relationships based on recognition and implementation of rights. The 10 principles are intended to be a starting point for a recognition-based approach to changing federal laws, policies, and operational practices that recognize indigenous peoples.

Lastly, the national inquiry into missing and murdered indigenous women and girls was established in December 2015, and work began in September 2016.

The independent commission was tasked with examining the systemic causes behind the violence that indigenous women and girls experience and their vulnerability to violence, as well as the institutional policies and practices put in place as a response to violence, including those that have been effective in reducing violence and increasing safety. The commission was then asked to make recommendations on concrete measures to end this national tragedy and honour and commemorate missing and murdered individuals.

What are the steps moving forward? While the important initiatives I have described are critical to improving the experience of indigenous peoples, our government recognizes that we can and must do better for all Canadians. While it would be inappropriate for me to speak about the specific circumstances around the Stanley case, we must recognize the historic patterns that exclude and victimize indigenous Canadians. Part of our work in understanding and recognizing victimization is to meet with and listen to indigenous Canadians. Listening to Canadians in this way and expressing our empathy does not undermine the operation of the criminal justice system; rather, it will serve to strengthen it. Some of the concerns we have heard this week relate to the jury selection process, and the Minister of Justice has indicated our government's willingness to look at those provisions as part of our overall criminal justice review.

More broadly, our government, led by the Department of Justice, is currently developing an action plan to reduce the overrepresentation of indigenous peoples in the criminal justice system, both as victims and as offenders. The goal of this action plan is to advance federal efforts toward responding to the Truth and Reconciliation Commission's calls to action respecting adult and youth indigenous overrepresentation. We will continue to develop the action plan through engagement with indigenous partners and collaboration with provincial and territorial governments.

In conclusion, all Canadians know that we can and must do more to reshape the experience of indigenous Canadians in our criminal justice system. We must do this work in partnership with indigenous peoples, recognizing our role and our efforts to continue on the path of reconciliation.

February 14th, 2018 / 6:10 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

I appreciate that you've talked to the Minister of National Revenue.

I'd like to switch gears now to vaping. The bill gives you the power to schedule and list certain types of products. You've said it's to protect children, and I don't disagree that we need to protect children. What I would say, first of all, is that marijuana is listed as being on there; however, it seems kind of interesting to me that you would say you have to be 18 to buy a vaping product, you can't buy marijuana-flavoured vaping products, yet you can go and buy—under the new regime that you proposed in Bill C-46 and Bill C-45—marijuana. Why have you listed marijuana as one of the flavours that cannot be sold?

MarijuanaOral Questions

February 7th, 2018 / 2:40 p.m.
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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, this is a huge change in Canadian law and it must be approached in a sensible, orderly, practical way. Until Parliament has passed the legislation and enacted a new regime, the old regime remains in effect and that law must be respected.

In the meantime, I think all Canadians understand the government's objectives to do a better job of keeping cannabis out of the hands of our kids, a better job of keeping illegal cash out of the hands of organized crime, and to increase safety on our roads. That is what Bill C-45 and Bill C-46 will accomplish.

National Impaired Driving Prevention WeekPrivate Members' Business

February 2nd, 2018 / 1:40 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I rise today to affirm my support for Motion No. 148. I thank the member for Saint-Léonard—Saint-Michel for bringing this forward.

There was considerable consensus in the House when we had our initial discussion on this motion back in November. It is truly a positive step.

While it is highly commendable to promote awareness, I wish to use some of my time today to encourage the government to go further. We must do all we can to minimize preventable tragedy and keep our roads safe for Canadians.

Driving is not a constitutional right; it is a privilege, a privilege that must be denied those who act recklessly by driving impaired. We need to give serious consideration to concrete, measurable ways so this behaviour can be deterred and ultimately eliminated. I will revisit this a little later.

Committing to additional awareness campaigns about the perils of drug, alcohol, and distracted driving is a good place to start. We have seen that these initiatives work. Data from Statistics Canada shows that in 2015 the rate of alcohol impaired driving was 201 incidents per 100,000 population. That was the lowest rate since data on impaired driving was first collected in 1986, down 65% and 4% lower than in 2014.

After decades of awareness, it is now widely accepted that alcohol impaired driving is wrong and that it causes considerable harm. However, as we move forward toward the legalization of cannabis, we must acknowledge that many individuals do not believe drug-impaired driving is quite so serious. Anything that impairs reactions and judgment will have detrimental effects on the ability to drive. Impairment is impairment.

Recently, I heard Dr. Robert Solomon interviewed by CBC's Michael Enright about impaired driving. Dr. Solomon, a legal expert who has done considerable research on impaired driving, also testified at the justice committee. He pointed that 16 to 24 year olds represented 13% of the population but accounted for one third of the cannabis users.

Canadian youth are already the leading demographic for rates of impaired driving. The high instance of cannabis use paired with the already high rate of impaired driving warrants our attention. Additionally, perhaps most disconcertingly, the perception that drugs will not impair driving is prevalent among young Canadians.

As the Canadian Centre on Substance Use and Addiction says:

The challenge is many youth do not consider driving under the influence of marijuana to be risky, unlike driving under the influence of alcohol. Some youth even believe that using marijuana makes them better drivers, but evidence clearly shows that it impairs driving ability....more awareness campaigns that centre on youth are needed to deter them from driving while impaired, especially after using marijuana.

A national study by the Partnership for a Drug Free Canada provides further evidence to that effect, writing, “Nearly one third (32%) of teens did not consider driving under the influence of cannabis to be as bad as alcohol.”

Further to this point, in an article published in the National Post in 2016, “About half of pot-smoking Canadians who get behind the wheel while high believe the drug doesn’t impair their ability to drive safely — and 20 per cent say nothing would make them stop driving while stoned.”

People can see that an unfortunate number of factors are converging here. We have Canadian youth with already high rates of impaired driving, high cannabis use, and the belief that drugs will not cause impairment. Clearly, this needs to be addressed. Awareness will help but let us not stop there. Let us also consider measures and practices that will deter impaired driving in all forms.

I supported Bill C-46, which, among other measures, would allow police to administer roadside mandatory alcohol screening, MAS, as a way to apprehend all drivers at the stop who were impaired. Dr. Solomon was quite clear in his testimony on this, that testing every driver at a stop instead of relying on subjective discretion saves lives. It increases the likelihood of an impaired driver being apprehended. The practice deters impaired driving since drivers know they will be tested.

While this practice may give some pause, I reiterate that driving is a privilege not a constitutional right.

MAS is used successfully in many European countries as is illustrated by the submission to the Standing Committee on Justice and Human Rights that Dr. Solomon co-authored. In it he wrote, “When Switzerland enacted MAS in 2005, the percentage of drivers testing positive for alcohol fell from about 25% to 7.6%, and alcohol-related crash deaths dropped by approximately 25%.”

Folks are less likely to engage in a behaviour if they know there is a greater probability of being caught. Dr. Solomon's submission to the committee goes on to say, “A 2013 study reported that MAS prevented an estimated 5,309 crash deaths in four Australian states over a 27-year period and was particularly effective in reducing crash deaths among 17-30 year olds.”

Lives are being saved by this practice. Mandatory alcohol screening is no doubt effective, but we are still debating a suitable equivalent for drug impaired driving. Such a device needs to be reliable, efficient, and ideally inexpensive for police forces. These are the kinds of measures that I believe are necessary in order to go further than awareness campaigns.

I will conclude by reiterating my support for my honourable colleague's motion, but I also want to remind members that we have a long way to go. We have a long way to go in terms of addressing persistent misconceptions around the harmfulness of drug impaired driving, and we have a long way to go to implement effective practices that will save Canadian lives.

Federal Framework on Distracted Driving ActPrivate Members' Business

November 30th, 2017 / 6:05 p.m.
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Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Transport

Mr. Speaker, I am pleased to be here today to speak to Bill C-373, an act respecting a federal framework on distracted driving.

Canadians across the country use the road transportation network every day. They travel to work, attend social events, take their kids to school and hockey practice. At the same time, motor vehicle collisions are one of the leading causes of death, injuries, and hospital admissions in Canada. For example, in 2015, 1,858 Canadians were killed and 161,000 Canadians were injured in motor vehicle collisions. In addition to these personal tragedies for families, motor vehicle collisions cost the Canadian economy and the health care system an estimated $36 billion per year.

I am pleased to say that in Canada, road traffic collisions have substantially declined over the past three decades. To illustrate, between 1980 and 2015, the number of road collisions involving an injury or fatality decreased by 36%. This trend has occurred despite significant increases in the number of licensed drivers, in the number of registered vehicles, and the total kilometres driven by Canadians.

Canadians are also more likely to survive a motor vehicle collision. Between 1980 and 2015, the overall number of persons fatally injured decreased by more than 60%. These decreases are the result of several positive changes, such as improved highway and vehicle design. Of significant importance is the dramatic change in public opinion recognizing that collisions are preventable and that drivers must make safer choices, such as using seatbelts and avoiding risks associated with speeding, distractions, and fatigue.

At the same time as these positive trends have been happening, we are also facing new and evolving challenges. For example, driving while impaired by alcohol or drugs is a growing concern, which is being addressed by my hon. colleague, the Minister of Justice, through Bill C-46. Currently before the Senate, the bill would help address the issue of alcohol and drug-impaired driving while protecting the right of the accused to a fair and impartial hearing.

Recent increases in tragic accidents involving distracted driving have garnered the attention of all levels of government and of the Canadian public. Driving a motor vehicle is a complex task that requires the full attention of the driver at all times. Research has shown that drivers who are distracted do not fully scan the environment looking for potential issues, are slow to identify risks, and then they are slow to react appropriately.

In the last five years, a reported 20% of motor vehicle accident fatalities occurred in collisions where one of the drivers had been distracted or inattentive. Over the same period, 33% of reported motor vehicle injuries occurred in collisions where distraction or inattentiveness was found to be a contributing cause of the crash.

The issue of distracted driving is evolving with the pace of technology or faster. For example, smartphones are increasingly popular. Vehicles have also become more sophisticated, providing drivers with real time data from driver assistance programs, other vehicles, and the surrounding infrastructure. In short, life is moving at a faster pace and placing greater demands on our attention, including when we are driving.

This is why the Minister of Transport wrote to his provincial and territorial counterparts last winter to seek nationally consistent enforcement measures and penalties to combat the rapidly rising rate of accidents involving distracted drivers.

In Canada, as my hon. colleague mentioned, road safety is a shared responsibility among federal, provincial, and territorial jurisdictions, and any actions taken to curb distracted driving cannot be taken in isolation solely by the federal government. Jurisdictions need to work together within their scope of authority to improve road safety in Canada.

Transport Canada is responsible for safety standards for new and imported vehicles, new tires, and child restraints. Justice Canada is responsible for the Criminal Code of Canada in dealing with impaired and dangerous operation of motor vehicles. Provinces and territories are responsible for driver licensing, vehicle registration, and the highway traffic acts, which include laws regarding distracted driving as well as the administration of justice.

To deliver a coordinated approach, the federal government works closely with its provincial and territorial counterparts through the Council of Ministers Responsible for Transportation and Highway Safety and its associated organizations, including the Canadian Council of Motor Transport Administrators. Collectively, we have developed and implemented a number of road safety initiatives that have contributed to significant reductions in deaths and fatalities.

For example, Canada's newest safety plan is Canada's road safety strategy 2025, “Towards Zero: the safest roads in the world”. It was launched by the Council of Ministers Responsible for Transportation and Highway Safety in January 2016. It builds on previous accomplishments by raising public awareness of road safety issues; improving communication, co-operation, and collaboration among road safety agencies; enhancing enforcement measures; and improving national road safety data quality and collection. The strategy outlines various measures over a 10-year timeframe to support our vision of moving toward zero deaths and injuries. Road safety strategy 2025 contains a number of promising and proven counter-measures related to distracted driving. For example, education and awareness measures are being used to change public attitudes toward distracted driving. Such change has happened before. With alcohol-impaired driving for example, what was once a common and acceptable behaviour has now become far less common and is socially unacceptable, and our roads are safer because of it.

Governments are also working together to identify international best practices to address distracted driving. At the same time, Transport Canada is working with the provinces and territories and other key stakeholders to develop guidelines related to in-vehicle displays. This initiative responds to a Transportation Safety Board Canada recommendation. Transport Canada also co-chairs a federal-provincial-territorial working group on distracted driving with British Columbia. Among the various initiatives that have been taken on by this working group, Transport Canada officials are working every day with their provincial and territorial counterparts to assess the implementation of new vehicle technologies that could mitigate the risks and impacts of distracted driving.

In addition, Transport Canada is leading a working group with provinces and territories to improve statistics related to how frequently mobile devices are involved in distracted-driving collisions. The federal government needs to continue to work closely with the provinces and territories on distracted-driving initiatives. Our best successes have occurred when we have worked collaboratively, working together to support policy development, new programs, and efficient and effective enforcement. These initiatives will help Canada change public attitudes toward distracted driving and ensure that more Canadians will get where they are going safely.

PetitionsRoutine Proceedings

November 27th, 2017 / 3:15 p.m.
See context

Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I am proud to speak for the vast majority of the people in my riding in presenting a petition signed by over 9,000 members of the Cercles de fermières du Québec from across the province. These people are against the legalization of marijuana, and especially against Bills C-45 and C-46, which are rushed and sloppily drafted.

Given that political, police, and legal authorities say they are not ready to handle this situation, they are calling on the government to impose a moratorium on marijuana legalization until the provincial and territorial governments are properly equipped to oversee the legal sale of marijuana. A survey showed that more than 82% of my constituents are against legalization. Maybe the 40 Liberals across the aisle are not taking the time to—

National Impaired Driving Prevention WeekPrivate Members' Business

November 23rd, 2017 / 5:55 p.m.
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Liberal

Nick Whalen Liberal St. John's East, NL

Madam Speaker, I am pleased to rise in the House today to speak to the motion put forward by the hon. member for Saint-Léonard—Saint-Michel. With the holiday season almost upon us, our discussion today is very timely. The holidays are a time of year when people get together to celebrate with family and friends, but there is, of course, a cloud to that silver lining: an increased likelihood of impaired driving incidents following the celebrations.

A number of public education awareness campaigns are in full swing this time of year. They encourage Canadians to drive sober or offer drivers alternative ways to get home safely. One of them, as we have heard already, MADD Canada's project red ribbon, is marking its 30th anniversary this year. Together, these efforts have had a powerful and positive impact. According to MADD Canada's estimates, between 1982 and 2010 nearly 36,650 lives were saved in Canada due to reductions in alcohol-related fatal crashes. That is something for which we can all be very thankful.

However, despite the progress we have made as a society, impaired driving remains a very serious problem in our country. People who are in no shape to drive continue to get behind the wheel. Some choose to drive after getting high or having too much to drink, but as this motion suggests, impaired driving is not limited to drugs or alcohol. Motorists who are too tired to drive are also impaired and can cause just as much damage as drivers who are drunk or high. The same can be said for distracted drivers, including those who text behind the wheel.

Impaired drivers of all kinds not only put their own lives at risk but endanger the lives of their passengers and everyone else around them. In fact, impaired driving remains the leading criminal cause of death in Canada—anti-social criminal decisions leaving thousands of Canadians dead or seriously injured each year. What makes this carnage on our roads all the more senseless is how easily these deaths could have been prevented. The risks are well known. The risks have been known for decades. The risks are common sense. Today, we would be hard pressed to find someone who would deny the dangers of drunk driving.

Sadly, it is a somewhat different story when it comes to drugs. Drug-impaired driving is actually on the rise. Almost 3,100 incidents of drug-impaired driving were reported by police last year, 343 more than the previous year. Overall, the rate of drug-impaired driving increased by 11%. According to the Canadian Centre on Substance Use and Addiction, 40% of drivers who die in vehicle crashes test positive for drugs. By comparison, 33.3% test positive for alcohol. Figures like these show how crucial it is to get out the message about the risks and consequences of impaired driving, including driving under the influence of cannabis.

As we know, this past spring the Government of Canada introduced Bill C-45. Its overarching goal is to protect the health and safety of Canadians, keep cannabis out of the hands of youth, and prevent criminals from profiting from its production and sale. The bill proposes tough new measures to severely punish anyone who sells or supplies cannabis to young Canadians. That includes two new criminal offences with maximum penalties of 14 years in prison for those who sell or provide cannabis to anyone under the age of 18. These proposed measures complement a public education and awareness campaign informing Canadians, especially Canadian youth, about cannabis and its risks.

Budget 2017 directed an initial investment of $9.6 million for public education and awareness on this topic. The public education campaign has begun and will continue over the next five years, because there is an immediate and continuing need to set the record straight on a number of issues related to cannabis. The funds will also be used to monitor the trends and perceptions of cannabis use among Canadians, especially youth. Too many people are under the delusion that cannabis does no harm, which is completely false. Cannabis presents definite health risks.

Another myth centres on a person's ability to drive after consuming cannabis. We know that young people who test positive for drugs, alcohol, or both continue to be the largest group of drivers killed in motor vehicle crashes. However, when it comes to cannabis, research shows that many Canadians, including youth, do not take the risks seriously. According to an EKOS study conducted for Health Canada last year, 27% of Canadians have driven a vehicle while under the influence of cannabis. More than one-third of Canadians also reported that they had been passengers in vehicles driven by someone under the influence of cannabis. That number jumps to 42% among young adults and 70% among recent cannabis users.

The results of a national study conducted by the Partnership for a Drug Free Canada can help to explain these findings. It found that almost one-third of teens do not consider driving under the influence of cannabis to be as bad as doing so under the influence of alcohol. In addition, just over a quarter of Canadian young adults between the ages of 18 and 24 believe that a driver is either the same or, sadly, better on the road while under the influence of cannabis.

The reality paints a far different and more gruesome picture. Among all drivers killed in motor vehicle crashes in Canada between 2000 and 2010, 16.4% tested positive for cannabis, which is one in six.

It is clear that a large percentage of Canadians downplay or even flat out disbelieve the fact that cannabis impairs your ability to drive safely. That is one reason why Bill C-46 is such an important piece of legislation as a complement to Bill C-45.

Bill C-46 would strengthen Canada's laws to enforce a strict approach for those who drive under the influence of alcohol or drugs, including cannabis. Among other provisions, it would create new criminal offences for drug-impaired driving, and authorize new tools to allow police to detect drivers who have drugs in their system.

In September, the government announced up to $274.5 million in funding to support the provisions of the bill. Up to $161 million of that funding is earmarked for building law enforcement capacity across the country. It will help law enforcement and border officials detect and deter drug-impaired driving, and enforce the cannabis legislation and regulations. That includes training additional front-line officers in how to recognize the signs and symptoms of drug-impaired driving, and providing them with access to drug screening devices. It also includes funding to raise public awareness about the dangers of drug-impaired driving.

As announced last month, the Government of Canada is joining forces with Young Drivers of Canada to spread that important message. The project will involve the airing of public service announcements over the next year. Public Safety Canada and Young Drivers of Canada will also work together to share material through Facebook, Twitter, and other social media channels.

I think all of us in this House can agree that impaired driving is a serious problem in Canada. Awareness weeks like the one proposed by my colleague are another tool that we can use to foster good habits, recognize the dangers of impairment, and even to recognize impairment itself, because there seems to be some misconception about that, and to have safer roads and save lives.

I will be supporting this motion and I encourage my colleagues in the House to do the same.