Bill C-93 (Historical)

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

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.

Motions in Amendment

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, the House is speaking about marijuana this morning. In my region, in Fort Albany, Chief Leo Metatawabin has just declared a state of emergency over the devastating impacts of the opioid crisis.

In our northern communities, opioids are destroying families. There are no resources. We have seen the horrific opioid deaths across the country. Much of this is under provincial jurisdiction. However, in our northern reserves, they have to look to the federal government for action to help in dealing with the horrific impacts of the opioid crisis. They are not seeing action, action that would save lives, action that would restore families being broken by the drug crisis.

From his experience in the west, could my hon. colleague tell us what we need to do to ensure we have the on-the-ground resources right now to help the communities that are facing the devastating impacts of the opioid epidemic?

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, the member's question was very well thought out and compassionate. My region of the country, which is the greater Vancouver area, has a very serious opioid crisis, about which I believe the member knows. I believe everyone in the House would want to bring to bear the resources required to address this issue. It is a complex issue. It is an issue on which the Liberal government has been completely absent. “Missing in action” are probably the appropriate words to apply to the Liberal government when it comes to the opioid crisis.

The legislation before us does not deal with the opioid crisis. It deals with record suspensions related to marijuana convictions, ensuring the process for securing a record suspension is simplified and made less costly for those in Canada who would not otherwise be able to afford it.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, today, we are talking about Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

This bill seeks to make changes to the pardon process and eliminate fees for Canadians who were convicted of marijuana possession before cannabis was legalized in October 2018.

Now that cannabis has been legalized, this bill seeks to help Canadians who were convicted of something that is now legal by allowing them to apply for a record suspension without being subject to the usual waiting period or fees. For the information of those watching at home, offenders currently have to wait five to 10 years after serving their sentence, depending on the type of conviction, before they can apply for a pardon. They also have to pay about $600.

This enactment amends the Criminal Records Act and makes reference to the Controlled Drugs and Substances Act, the Narcotic Control Act and the National Defence Act.

We are days away from the end of this Parliament and this government, which was elected in 2015. At the time, the Liberal government made a lot of promises to get elected. Only one of those promises was kept, namely to legalize marijuana. It seems that was important to Canadians. During the next election campaign, in September, the Liberals will brag about their record and say that the only thing they did was legalize marijuana.

Today, the Liberals are doing things at the last minute again after dragging their feet for three and a half years. I recently made a speech in which I referred to the fable of the ant and the grasshopper, but I will not get into that again. We know that the grasshopper represents the Liberals and the ant represents the Conservatives, diligent, hard-working people who are ready to take the bull by the horns. We will have to fix the mess the Liberal government has gotten us into.

I would like to remind hon. members that Bill C-45, the cannabis legalization act, had two objectives, namely to protect our young people and to eliminate organized crime. I must admit that those are commendable objectives. However, the Liberal government sped up the process. We question their motives, but I will not get into that.

I believe they were serious about what they wanted to achieve, but the actual process of legalization was botched because the Liberals rushed the process. In Quebec, they rushed the process so much that the shops selling cannabis have to close for two to three days a week due to poor management and inadequate supply. That is a testament to the government's improvised approach.

Furthermore, a number of news articles are saying that organized crime is thrilled that the Liberal government is promoting this product, which, in my opinion, is harmful to young people 25 and under, but let us not reopen that debate. They Liberals have a majority and they legalized marijuana, and now we have to live with it. We will need to assess and deal with the consequences.

In an effort to eliminate organized crime, the Liberals are promoting cannabis. Who benefits from this promotion? The answer is organized crime, because there is not enough supply and cannabis has been trivialized. Young people are hearing that there is nothing wrong with cannabis and that it is good for you.

I will read an article by Antoine Lacroix that was published in Le Journal de Montréal on May 16 entitled “Spike in Cannabis Poisoning in Kids since Legalization”, Conservatives are not making this up.

Hospitals are becoming increasingly concerned.

A large increase in the number of children with cannabis poisoning since legalization is worrying medical experts, who are calling on parents to make sure that their pot products are out of reach.

“This is not something we saw a lot with kids under the age of seven. Before 2016, it would be once every three years”...bemoaned Dr. Dominic Chalut, an emergency room physician and toxicologist at Montreal Children's Hospital.

I did not say that he was a Conservative. I just gave his title. He is a doctor, an emergency room physician and toxicologist at Montreal Children's Hospital. I think he is credible. I am not making this up.

The article continues:

Dr. Chalut thinks that the phenomenon will get worse once edibles are legalized in Canada, even though they are already easily accessible.

The Liberals believe they have everything under control since cannabis was legalized, that organized crime is out, that all is well and that Canadians are not dealing with a dangerous product. I have to wonder how reliable and stringent they are.

I will continue:

Impact also felt at Sainte-Justine

On Wednesday, the [Montreal Children's Hospital] called on parents to be vigilant. Since October 17, 2018, 26 children have been treated for poisoning, compared to “a handful per year” previously.

Sainte-Justine Hospital has also seen a twofold increase in poisonings in the past year.

It is important to keep in mind that marijuana was legalized less than a year ago.

“The trend is rather alarming, and we are seeing an uptick in the number of cases. We are going to have to pay very close attention to this”, said Dr. Antonio D'Angelo, a pediatric emergency doctor.

Experts point out that an amount that causes minor symptoms in an adult can have significantly more adverse effects in a child.

We stated that when debating Bill C-45.

In the worst cases, children went to intensive care to be treated for cannabis poisoning. The symptoms include convulsions, vomiting and drowsiness. The [hospital] reports that the youngest patient was under a year old.

The Quebec Poison Control Centre is asking people to be cautious, as they are seeing a sharp increase in poisoning among adults and children.

On October 17, 2019, Ottawa will legalize edibles, such as gummy candies and pot brownies, across the country. The provincial government, on the other hand, has not yet decided whether to authorize edibles.

Alarming statistics

I could go on, but I will get back to Bill C-93. I just wanted to set the stage.

As I said, Bill C-93 seems to be a rush job. Apparently that is the Liberal way: wait until the last minute and get it done in a hurry.

The Liberals were criticized for legalizing marijuana, but they did not learn from that experience. Now, yet again, they are scrambling to repair the damage they did.

We are in favour of pardons. We want to make sure the process is fair. I think fairness for all Canadians is a very important concept. To demonstrate our good will, we helped draft the bill and proposed a number of amendments in committee. The committee was impartial, which meant that we could present our amendments and they were agreed to. The Liberals, the Green Party and the Conservatives all presented amendments, but the NDP did not. I do not know where the NDP members were. For our part, we take this seriously and felt it was important to participate in the committee. That demonstrates our good will. We are parliamentarians and we are here to help make the best laws possible. That is why we, as Conservatives, get involved.

The Liberals did not agree to all our amendments, but they did agree to two of them, and that improved the bill's procedural fairness. Because of our amendments, the Parole Board will have to include a review of this program in its annual report.

It is important to understand that the well-being of all Canadians is important to us, as is fairness.

We want to reassure Canadians that when we gain power in October 2019, we will make some changes to smartly and carefully meet Canadians' needs and guarantee their safety.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, this is yet another example of how this government has fulfilled campaign commitments, from the very beginning, when we brought in Bill C-2 to reduce tax rates for Canada's middle class, to this piece of legislation today, Bill C-93, which makes a commitment to pardon individuals for simple possession of cannabis. These are the types of progressive legislative commitments we made in the last federal election.

Would the member opposite not agree that Canadians have an expectation that all members of Parliament will actually work every day, all the way through? That means that for the next 12 to 14 days we should continue to sit and continue to debate important legislation that will have the same type of impact as Bill C-93 does for Canadians, and that is indeed a good thing.

Many of the members opposite seem to feel that maybe we should stop debating legislation. I think that would be bad public policy, given that we can still continue to work hard for Canadians and pass legislation. Would he not agree that we should continue to pass legislation wherever and whenever we can?

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I thank my colleague from Winnipeg North for his comments. I would like to remind him of the fable of the ant and the grasshopper, which I mentioned in my speech. The Conservatives are not afraid of work. We are prepared to work to improve legislation, thereby improving Canadians' quality of life.

As for his question, I must say that we do not disagree. My only point was that the Liberals dragged their feet. When they see a problem, as has been the case with some important issues, like the SNC-Lavalin affair, they are always in reaction mode. They lose control and always act hastily. This seems irresponsible to me.

That said, we are happy to be here. Canadians chose us to represent them, and we on the Conservative side will always be there. The amendments we proposed to the bill are proof of that. I think they show our good faith.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I thank my colleague for his speech.

I just want to ask him what he thinks of the Liberal government's pigheadedness. It agreed to provide pardons, but it refused to expunge records for simple possession of cannabis. We know all the problems this can cause for the affected individuals, who are often members of marginalized communities that face discrimination and injustice in various forms. This will affect them for the rest of their lives, especially when they look for a job and travel abroad.

Can my colleague tell us why he thinks the Liberals did not want to listen and refused to expunge records for simple possession of cannabis?

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I thank my colleague from Rosemont—La Petite-Patrie.

It is now commonplace for the Liberals not to consider Canadians' needs. This is not the first time it has happened. I hope it will be one of the last, because there are just over three weeks left in this Parliament and the Liberals' term. There will be an election in October 2019, and I hope that after that, Canadians will be better served. I hope that they will choose us, the Conservatives, because we listen to all Canadians and care about their well-being.

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

Mr. Speaker, I am pleased to stand today to speak to Bill C-93.

I played a fairly significant role in the debates on Bill C-45 in 2017, because at that time I was serving as my party's justice critic. I recognize that the issue of cannabis reform has occupied the public sphere for quite some time.

I listened to my Conservative colleagues during the debate on Bill C-45 and in today's debate, and I note they favour a strong criminal justice approach. They admit that the problem in question has to do with concerns over mental health and youth getting inappropriate access to large amounts of cannabis. As we know, too much consumption of cannabis can have consequences.

I have always believed that the criminal law approach to drug reform and drug policy is in a sense like using a sledgehammer to hit a nail. I believe that if we want to talk about social and health problems, we really need to focus our policy tools and levers on making sure that our health and social services have the tools to provide not only education regarding the possible harms of over-consumption of certain substances, but also support services to people who feel they have a problem. We should remove the stigma of criminality and of being an outcast among a group of friends or family and community, so that people have the ability to get the help they need. I believe policies like this have been shown to be very effective.

With respect to the harshness of other drugs, especially given the opioid crisis and the heroin crisis, we can look to countries like Portugal, which have moved to a more social- and health-related policy for their drug problems. They saw significant results from that. Portugal went from being a country that used to have one of the highest rates of opioid deaths per capita in Europe to having one of the lowest.

When it comes to cannabis, I believe we had this debate, in large part, with respect to Bill C-45. Bill C-45 did not necessarily legalize cannabis, but rather made it less illegal, because in the provisions of Bill C-45, the consequences for stepping outside the boundaries of the law are in fact quite severe.

I come from a part of the country where attitudes toward cannabis possession and use are quite liberal. Many people on Vancouver Island, and indeed in British Columbia, have long regarded the crime of cannabis possession and use to be outdated and belonging in the previous century. Of course, we are very much looking forward not only to seeing the law reformed but also to seeing the injustice of the criminality addressed.

Unfortunately, when we look at the timeline, it is quite obvious that the Liberal government has not treated this particular issue of Bill C-93 with the seriousness it deserves. As my colleagues will remember, when Bill C-45 was introduced, it was already April 2017. I believe that particular bill received royal assent later that year. However, it was not until October 2018 that it had its provisions for coming into force. In other words, we were well into the third year of the government's mandate before Bill C-45 came into effect and cannabis use and possession were legalized.

Another problem is that police in different jurisdictions in Canada have different approaches. I have spoken to members of the police forces in Vancouver Island, whether in the RCMP or in municipal police forces, and they always tell me that with their limited resources, they have always had far bigger problems to go after than cannabis possession. By and large, when they have caught people with cannabis, they have usually just seized it and told them to please go on their way and not do that in public. However, we know that in other parts of Canada, the full force of the law has been brought to bear on people who possess even tiny quantities of cannabis.

Despite the record and the fact that the government has admitted this is a problem and has acknowledged the injustices, it is only now, in the dying days of the 42nd Parliament, that we are actually dealing with a bill that could have a substantive effect.

The government still has a very heavy legislative agenda before it. The House has just recently passed a motion to extend its sitting hours. We know that the other place, the Senate, is certainly showing true to its form as a new independent body. There is a lot of government legislation that is really up in the air right now, and I am not quite sure that Bill C-93 is going to have enough time to reach the finish line. Moreover, I think it does far too little.

The member for Victoria had a perfect blueprint for the government to follow in the version of Bill C-415. Rather than going through the pardon process, as Bill C-93 is doing, his bill would seek to expunge all previous crimes of personal possession from the record.

I like the word expungement, because it has an air of permanence about it. Expungement basically means that the crime never occurred. It is completely erased from the record. We have something that is now legal in Canada, and we have acknowledged the injustice of it, so it should be expunged from the record of any person who may have been charged with that crime back in the 1970s and 1980s. Such individuals could truthfully state to any official that they have never been charged with or convicted of such a crime.

The problem with a record suspension or a pardon, and we use those words interchangeably, is that the record is going to be set aside but would still exist. Moreover, when travellers go to other countries, such as the United States, which has very harsh drug laws, there is nothing in the bill that would actually tackle the problem of the United States still having those records on its systems. That, indeed, is a big problem.

The major criticism I have of the Liberal government is that instead of going all the way, it often resorts to half measures. We had a beautiful opportunity before us in this Parliament, through Bill C-415, to substantively tackle this issue.

My party, the NDP, has a long history of fighting for this issue. Just in this Parliament, if we go back to June 2016, we used one of our opposition day motions to fight for decriminalization. The Liberals have always argued that decriminalization is not an effective policy, but we always argued that it should be a policy that is employed as an interim measure as we went on to legalization. If we had had that in place for those three years, a lot of Canadians could have avoided those run-ins with the police and with the criminal justice system, which I think many in this place can agree has far bigger problems to deal with using its limited resources. We raised this, as I mentioned, in the debate on Bill C-45 and, of course, through Bill C-415.

I can recognize that there are parts of this proposed legislation that will certainly have a benefit for some people. However, that is precisely the problem: Not everyone is actually going to take advantage of the provisions. It is nice that the fee is going to be waived and that there is an expedited process, but still there is the problem of going through that, and the fact that some people have greater resources than others and will be able to benefit from this much more. I still think expungement would have been the better route, and I will remind my constituents that there was one party in the House of Commons that was fighting for expungement.

I cannot give my support to a half measure, not when we had a better option before us. Therefore, on principle, I will vote against this legislation. I will vote against it because there was a better way, and I am not going to let the Liberal government get away with another half measure without firmly standing in my place on behalf of my constituents and voicing my displeasure at the loss of what was a beautiful opportunity.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, it has been a very interesting day, watching both the Conservatives and the NDP fumble around this issue and try to determine where exactly they are going to land on it.

I find what the previous speaker said remarkable. He said that instead of going all the way, the Liberal government was resorting to half measures. That is exactly what the New Democrats did. In 2015 they refused to say they thought cannabis should be legalized. Instead, they resorted to a half measure and said we should decriminalize it, because that was probably going to be more palatable to the public.

They totally played that card wrong, and now they are forced into trying to justify and explain why their proposed system of decriminalization would still have led to thousands and thousands of fines being issued to people, in particular the most vulnerable and marginalized in our communities.

How can the member actually stand in the House and say that the government has resorted to half measures when in reality the Liberals have been consistent from day one? We said we would legalize and regulate cannabis, and that later we would bring in the proper measures to make sure those with simple possession records could be pardoned. How can he stand here today and say this?

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

Mr. Speaker, I wish the member for Kingston and the Islands would spare the House his manufactured outrage. If he were to look at the voting records, he would see that my party did in fact vote on Bill C-45. The really bad thing about this whole thing is that the government, with all the trappings and power that comes with a majority, is only now moving on this issue. It had an entire term to get to it. Meanwhile, how many people had to go through our justice system while we waited for Bill C-93? How many people were confronted with police officers for a crime that was admitted by the government to be unjust?

I will take no lessons from the Liberals. They are a party of half measures. They know it is true. They know they could have taken substantive action. When Bill C-45 was introduced, what did they do? They waited three years to put those provisions into force. Meanwhile, 400,000 people had run-ins with the law. Liberals refuse to go all the way with expungement. I will take no lessons from them, and I will always cite the member for Victoria on the NDP's position on expungement. We have the right way. Liberals are just sad that they could not bring themselves to vote for it.

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, Anthony Rota]

I want to remind hon. members, as I mentioned earlier, that a disturbance is when somebody is speaking and someone else interrupts. That is not allowed.

Questions and comments, the hon. member for Calgary Shepard.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, I want to correct one thing the member for Cowichan—Malahat—Langford said. I have been on committee with him before and appreciate some of the work he does, but only some of it. He will know that I and several other members voted for expungement because we thought it was a cheaper route to go and was easier and faster to achieve. I do not think that hockey parents who made a mistake 25 years ago and were convicted should be stopped from volunteering for their children's hockey teams today when they fail their criminal background checks.

I just wanted to make sure I put that on the record. I do not have a question for the member, but I wanted to make that comment so he could at least understand that there were members on both sides of the aisle who voted in favour of expungement as a wiser and more fiscally responsible route.

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

Mr. Speaker, I thank my Conservative colleague for reminding me of that. We would all do well to remember that Private Members' Business is more of a forum where individual members can consider the merits of the legislation before them. They are usually bills that are smaller in scope. I appreciate that some members of the Conservative caucus did support the member for Victoria and his very real efforts.

We call the member for Victoria our resident law professor in caucus, and all members in the House can recognize the work he has done in this Parliament, the contributions he has made and the very thoughtful analysis he has brought to the House. I think I can speak for all members in the House when I say that we are going to miss the member for Victoria and the work he has done for the House of Commons and Parliament. I really appreciate the member's comments in that regard.

We certainly look forward to bringing forward the issue of expungement as much as we can. It is still a worthwhile policy tool. I look forward to continuing that debate in the 43rd Parliament.

The House resumed consideration of Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, as reported (with amendment) from the committee.