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An Act to provide no-cost, expedited record suspensions for simple possession of cannabis

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

Sponsor

Ralph Goodale  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Criminal Records Act to, among other things, allow persons who have been convicted under the Controlled Drugs and Substances Act, the Narcotic Control Act and the National Defence Act only of simple possession of cannabis offences committed before October 17, 2018 to apply for a record suspension without being subject to the period required by the Criminal Records Act for other offences or to the fee that is otherwise payable in applying for a suspension.

Elsewhere

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

Votes

June 3, 2019 Passed Concurrence at report stage of Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis
June 3, 2019 Failed Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis (report stage amendment)
June 3, 2019 Passed Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis (report stage amendment)
May 6, 2019 Passed 2nd reading of Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis
April 11, 2019 Passed Time allocation for Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 12:55 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

That is exactly the problem, Mr. Speaker. The Liberals have commented and tried to give credit to the hon. leader of the Green Party because they accepted an amendment that would not allow a previous cannabis pardon to be resurrected in the case of subsequent bad conduct. However, it would allow that record to be resurrected if there were a subsequent criminal proceeding. That is not good enough.

A cannabis offence that is no longer illegal should be expunged. It should be thrown in the trash heap of history where it belongs. It is no longer an offence, just like those old crimes of buggery or being caught in a bawdy house. This Parliament recognized that those crimes should not have been offences then, and they are not now. Therefore, we expunged the records of anybody who had been convicted of them. We should do the very same thing for cannabis.

People who use cannabis have had their civil and constitutional rights abused in the same way and it should not be allowed to stand. The NDP will continue to fight for those people.

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 12:55 p.m.

Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, here we are again, days away from rising and returning to our constituencies for a summer of gauging the opinions of those in our communities, and the Liberals are back at their same old game, rushing legislation through the House without consulting relevant stakeholders and, more important, not even listening to relevant stakeholders. As a result, Bill C-93 will fail to accomplish its intent, the typical Liberal way.

There is a cascade of failures. Let us look at how we got here.

Back in 2015, the Liberals said that the current approach was not working. They said we had to take the profits away from organized crime and take it out of the hands of our youth. They said that the approach of previous Conservative and Liberal governments was not working to decrease the use of marijuana by our youth.

If we look at statistics from 1980 by Statistics Canada, they show that minors represented 22% of marijuana users. By 2015, only 5.8% of marijuana users were aged 15 to 17. Their whole approach to this was based on a premise that was false and misleading.

Right now, there is absolutely no evidence that it has taken the criminal element out of it. In fact, there is some evidence to suggest that it is increasing. The demand is out there. When regular marijuana users want it, instead of going to government facilities, quite often they go back to where they have been getting it over the years.

This is a huge cascade of failures and the government made the decision to move forward with Bill C-93, proposed legislation that places a focus on expediting the process for providing pardons to individuals convicted of marijuana possession charges prior to the implementation of Bill C-45, the Cannabis Act, which officially legalized cannabis possession on October 17 of last year.

The Liberal government is rushing, with days left, to clean up the mess it made with the rolling out of its marijuana legislation. It was simply not prepared for the effects of its legislation on marijuana on our judicial process, and this is its last-ditch attempt at putting together a piece of shaky legislation before the House rises, which is just in a matter of days. We do not have a lot of time to look at the bill.

My constituents have felt the effect of the Liberal government's failure at providing effective processes since the rollout of Bill C-45 last October. For example, as I said earlier, the Prime Minister has been claiming for what is now years that legalizing marijuana will keep marijuana out of the hands of our kids.

In Oshawa, there have been two instances of marijuana edibles finding their way into one elementary school and parents are very upset. They are saying, as a result of this, these grade 6 students reported feeling dizzy and euphoric. More and more of these stories are rolling out. Stories have been reported, it seems like on a daily basis, from coast to coast to coast. The government is now trying to make up for these obvious mistakes with this poorly drafted policy, pushing it through the House before the House rises.

In my riding, considerations for workplace safety are really important. These are non-existent with the Liberals. Many of my constituents work blue collar jobs. Not providing proper workplace safety measures to go along with the legislation endangers workers and could potentially result in serious injuries or the death of Canadians as a result of the government's inability to effectively roll out workplace safety provisions.

How about tests available to law enforcement in determining whether a driver is impaired by marijuana? It has been obvious that the science is not there yet. These tests are far from being perfected. It is obviously not safe to get behind the wheel while impaired by the effects of cannabis, yet the government passed its legislation anyway, without any consideration as to how law enforcement would combat drug-impaired driving. Until the time that such tests are perfected, roads could become much more hazardous than before.

For this bill we are talking about today, Bill C-93, it is the stance of the Conservative Party that there should be an expedited process in place to offer record suspensions for those convicted of marijuana possession before October 17, 2018.

I am going to focus on the notion that the current government is clearly out of touch with the reality of everyday prosecutorial practices. In the current form of Bill C-93, even those who are truly responsible for more serious drug crimes will be able to have their records suspended, and not just simple possession offenders. A critical consideration that the Liberal government has evidently ignored, despite testimony on it at committee, is the process of offering a less serious conviction, such as marijuana possession, in exchange for co-operation by more serious drug offenders, such as those charged with the intent to sell illegal drugs. Out-of-court plea bargaining agreements occur on a regular basis. As a result, many individuals who are truly responsible for more serious drug crimes end up pleading guilty to simple possession charges. If Bill C-93 were to pass in its current form, and obviously it will, without provisions taking this issue into consideration, we would be suspending the records of individuals who should not have that option available to them in the first place.

A very important stakeholder came to committee and the government ignored what he had to say to improve the bill. Tom Stamatakis, the president of the Canadian Police Association, stated:

[I]t is possible that both the Crown and the court may have accepted the plea agreement based on the assumption that the conviction would be a permanent record of the offence and would not have accepted the lesser charge if they knew this would be cleared without any possibility of review at a future date.

The fact is this concept is simply logical. Canada's Crown prosecutors are tasked with upholding the laws passed by Parliament. What prosecutor would offer a plea bargain agreement to drug dealers, knowing they would later have their offence suspended? What the Liberals are proposing with this bill is to throw out all of that prosecutorial history that has been there for decades.

To solve this problem, my Conservative colleagues moved amendments to Bill C-93 that had been proposed by the Canadian Police Association. Had those amendments not been voted down, they would have granted the Parole Board the power to open inquiries on any factors that would bring the administration of justice into disrepute, such as suspending the record of drug dealers as a result of prosecutorial plea bargaining practices. The reality is that there were two amendments. The first would restore the Parole Board's power to make these inquiries to determine the applicant's conduct since the date of their conviction. The second would restore the Parole Board's power to make inquiries with respect to any factors that it may consider in determining whether record suspension would bring the administration of justice into disrepute. These were common-sense ideas put forth by the men and women on the ground who are going to be tasked with following through with this cascade of marijuana legislation, most of which was poorly thought out. The amendments would ensure that these individuals not take advantage of a process that clearly was not intended to be used in their particular cases.

This is just another example of the Liberal government seemingly making every attempt to let criminals get away with their illegal actions. It is despicable. I speak on behalf of my constituents when I say it is unacceptable that the current government is not taking this issue into any consideration whatsoever.

Let us talk for a moment about the costs of this. I think nobody in the House would want to see marginalized Canadians not given access to these record suspensions. The reality is this. The minister was asked to come up with some numbers to let Canadians know how the government came up with the estimated cost of this. Unfortunately, the minister utterly failed to provide how this process was put forth and how it would apply to Bill C-93. He promised to provide the numbers by the time we vote on this legislation. Has that occurred? Absolutely not. Has anyone seen these processes? We have seen the estimates, we have seen the numbers, but we really do not know how much it will cost Canadians. Therefore, the answer here is no.

Would anyone be surprised that perhaps even he does not know? I think the answer might be no.

I see that my time is up.

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:05 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I heard the member say something earlier in a question and repeat it in his speech, which I think is extremely misleading when one talks about statistics. The Conservatives are really good at this. He said that 20% of users of cannabis in 1980 were youth and now only 6% are, as though the numbers have somehow gone down. However, all that percentage describes is the proportion of people who were using cannabis. It does not actually talk about the overall number. Using the stats he cited, the number of youth using cannabis could still have doubled or tripled, but they only represent 6% of users now versus 20% back then. I am assuming his data is correct.

I have a real concern with how he comes into the House and uses this information to suggest that usage among youth has actually gone down when in reality we know that it has not. Canada is or was the developed country with the highest percentage of youth using cannabis.

Could he please try to justify how he can come in here and use this stat as though it somehow indicates that consumption among youth has gone down when in reality it has not? He is just playing with the numbers to show how it has shifted in terms of how much usage there actually is.

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:05 p.m.

Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, I want to thank the member for the non-question. He has been in the House repeating falsehoods over and over again.

I took the information from a December 18, 2017 CBC article written by Kathleen Harris of CBC News.

The member is grasping, accusing and trying to distort the statistics out there. The reality is that he is not fooling anyone. The Liberal government is the most incompetent government out there for producing results. At this time in our previous Conservative government's mandate, I think our government had 97 bills that had received royal assent. The Liberals might have 60 bills; they cannot get anything through.

We have days before the House rises. This bill was a major promise by the Liberals. On this side, we can all agree that this has been a disaster. The Liberals are rushing through legislation and not consulting. The next government, which will hopefully be a Conservative government as of October, will end up fixing the huge mistakes of the Liberal government.

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:10 p.m.

Conservative

Jim Eglinski Conservative Yellowhead, AB

Mr. Speaker, my hon. friend mentioned the earlier legislation that made marijuana legal and the impact it had on the business community in his area. There are a number of small contractors throughout my riding who have been told very explicitly by their insurance companies that they need to have a form of drug testing because of this new legislation and the concerns the Insurance Bureau of Canada has. Would he like to comment on that?

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:10 p.m.

Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, I thank my colleague for his service. Everyone in the House knows this member has served in the police on the ground and has credibility when it comes to this topic.

What he said is quite right. I talked about it because my community of Oshawa has historically been a blue collar community, with people who work with dangerous machinery. When the Liberals brought this forward, the reality is that they did not think it through. They did not think about how it would affect our ingrained systems in Canada or about how things are different here from the United States, for example. In the United States, different jurisdictions can force mandatory drug testing. They can even have the police do blood samples on the side of the road.

Again, the Liberals were not even thinking about these issues when they brought forth their initial marijuana legislation. It is important that I brought that up. How did we land here with such a disaster? Here we are stuck at the very end of the Liberal government's mandate having to pass an important piece of legislation. At the end of the day, I think members on all sides of the House will be supportive of this legislation's intent, but it is not going to do what Canadians expect it to do and what it should do.

I thank my colleague from Yellowhead for bringing up this very important issue that is going to affect workers moving forward. Again, it will have to be fixed by the future Conservative government.

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:10 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I have been looking forward to this debate. I would like to paint a bit of the context in which this legislation will play out in my community.

Every time a bill comes forward in the House that addresses the issue of drugs, whether illegal or now legal, the residents of Abbotsford take notice. If we were looking for two communities in British Columbia that are most impacted by gun, gang and drug-related crimes, those communities would be Surrey and Abbotsford. I mention Surrey because there are three or four Liberal MPs in the House from that community, but who have done virtually nothing to address the plague of drug and gang crime.

We have lost so many young lives, young kids, who are getting into the gang lifestyle because of how attractive it seems, and because of the profits generated by drug trafficking, they are killing each other as they compete for territory.

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:10 p.m.

Some hon. members

Oh, oh!

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:15 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I am listening to my Liberal friends heckling me about something as serious as the deaths of young men in my community and the community of Surrey. There have been so many. Those Liberals are scoffing about it. I am appalled. That is the state of the Liberal Party of Canada today under the leadership of the Prime Minister.

Let me get back to the legislation at hand.

Bill C-93 addresses a very small part of the recent marijuana legalization that the Liberal Prime Minister undertook.

Members may recall that the Prime Minister made a host of promises during the last election. He promised to balance budgets. Did he do that? No. We now know we will not balance our budget for at least another 20 years. He promised to run small deficits, which ended up being humongous deficits. He promised electoral reform. Do members remember that? He went on and on and on.

There is one promise that he did deliver on, the legalization of marijuana. I opposed that, because I believe that allowing young men and women to purchase and consume marijuana poses a huge risk to the mental health of our future generation, and I mean that seriously. This is not something that should be scoffed at—

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:15 p.m.

Some hon. members

Oh, oh!

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:15 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

I am still hearing from the Liberals, Mr. Speaker. They are still heckling. I cannot believe this. They do not care for Canadians. This is about keeping our communities safe.

I was opposed—

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:15 p.m.

The Assistant Deputy Speaker Anthony Rota

If I could interrupt the hon. member for a second, I thought I would read from this wonderful book that is given to each and every one of us when we first get elected. I will quote from page 1332, where Standing Order (16)(1) states, “When the Speaker is putting a question, no Member shall enter, walk out of or across the House, or make any noise or disturbance”. That applies when someone is speaking as well.

Therefore, I want to remind members on both sides, whether they are heckling the hecklers or the hecklers are heckling the person speaking, that it is a disturbance. I want to make sure that you all understand what a disturbance is. That is my interpretation of what is in the standing order.

I will let the hon. member for Abbotsford continue.

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:15 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, it is very kind for you to acknowledge that what has been happening in the Liberal benches is inappropriate. The Liberals can do better.

I opposed the marijuana legalization legislation. It represents a huge risk to the mental health of future generations of Canadians. Even though the legislation does not allow children under the age of 18 to purchase marijuana, it does allow them to possess marijuana. That is the craziness of it.

We know from medical research that Canadians under the age of 25 who consume marijuana run a huge risk of mental impairment in future years. Why would we take that risk? That was why I opposed the legalization of marijuana.

Now that marijuana is legalized in Canada, there is a step that the Liberals did not consider as they were ramming through marijuana legalization. What would happen to all those people who were convicted of possessing small amounts of marijuana, simple possession, over many years, people who now want to know why, now that it is legal, they are still saddled with a criminal record.

Canada has a system under which record suspensions take place. This legislation is about that. Just so everyone understands, Canadians already have the right to apply for record suspensions, or pardons as they used to be called. That is already in the law. However, there is a cost and there are some conditions to do that.

For example, before people can apply for a record suspension for simple possession of marijuana, they have to wait five or 10 years, whatever the term is. They need to have served their sentence, whatever that is. They will have to pay a fine, if it was levied. Then they have to pay a fee of $631. There is a problem with that.

I am not against middle-class Canadians or wealthy Canadians being required to pay for the cost of something that will clean up their record so they can get jobs. If people have a criminal record, even it is for simple possession of marijuana, that can disqualify them for a host of job opportunities. Why would we want to saddle young Canadians or middle-aged Canadians with that burden?

However, the cost of $631 to apply for a record suspension disproportionately impacts negatively poor Canadians. We heard at committee that minority groups like black or indigenous Canadians felt they had borne the brunt of the war on drugs and were disproportionately affected in society by simple possession charges that remained on their record. These are often folks who cannot afford the $631.

It is for that reason that I do support the legislation. I do not in any way support weakening our drug laws. In fact, they need to be strengthened. I do not for a moment believe we should be weakening the protection of young Canadians against marijuana usage. We want to ensure our children grow up with healthy brains, with minds that are keen, that allow them to engage in our workforce and be productive members of our society. Fortunately, this legislation does not undermine any of that. However, we want to ensure that legislation like this is properly considered.

When I look at the amendments proposed by the Conservatives at committee, they were reasonable amendments. They would ensure that there was still an ability for those who had serious drug offences that may have been pleaded down to a charge of simple possession could be captured and that it would be taken into consideration before a record suspension would be granted.

What did our Liberal friends do? They voted down that amendment, a very reasonable amendment about the protection of the public, about public safety. Of course, as might be expected, when Liberals are faced with that kind of a decision, they side with the criminals, not with the potential victims of those crimes.

The legislation before us is relatively benign because it actually does not create record suspensions. It would ensure that the process for applying for a record suspension for simple possession of marijuana would be simplified and would not cost Canadians who might not be able to afford the $631, something that might prevent them from securing a record suspension.

For all those reasons, I will be supporting the legislation. However, I want to make it very clear that the Conservatives will continue to stand up for the safety of Canadians. We will continue to advocate for stronger criminal justice legislation to ensure our country remains safe. That is the responsible and accountable thing to do.

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:20 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, in listening to the member opposite, a couple of things come to mind.

The most important one is in relation to what the Conservative Party is trying to tell Canadians. The Conservatives have been all over the map on the issue of legalization of cannabis. At one time, it was an absolute no-go area. Then they turned it into a decriminalization issue, which in my opinion was an even worse thing to do than what was already in place. Time does not allow me to expand on that.

Today, I cannot help but think that if the Conservatives were in government, their intention would be to repeal the legislation that legalizes cannabis. I am very interested in the member being transparent and open with Canadians on this point.

Is it the policy of the Conservative Party to reverse its position yet again? If Conservatives were to form government, would they make cannabis possession a criminal offence? Is that the party position or is that just his personal position?

Motions in AmendmentCriminal Records ActGovernment Orders

May 30th, 2019 / 1:25 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I have never heard fake news like that before.

Our leader has been very clear that we will not recriminalize marijuana. We have, however, made it clear that we believe the Liberal government rammed through the legislation without consulting properly with stakeholders, without taking into account public safety. We will ensure that we remedy the flaws in that legislation, as we will ensure we remedy the flaws in Bill C-93, hopefully implement the amendments we proposed at committee, which the Liberals voted down, eminently reasonable amendments to the legislation. That is what we will do.

I would encourage that member to not get into this whole process of perpetuating fake news. The Liberals do it enough. That member does not have to add to that. It is a disgrace to the House.