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.

Criminal Records Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, in my comments, I made reference to the critic for the Conservative Party. In listening to what she had to say, we find that at least the critic for the Conservative Party seemed to be indicating that she prefers the pardon over the expungement. I suspect that she might be able to provide more details to the member opposite.

He made reference to my example in terms of the U.S. border. Let me try to better explain it. One of the member opposite's constituents goes to the border, believing that, because he or she had an expungement, there is no obligation for him or her to say “I have a criminal record.” If it has been expunged, it means it has been wiped off the record books. However, they cannot say that when they go to the border because that might not be what shows up in system of the U.S. border officer or immigration official. That MP's constituent might think he or she can get away with saying that when in fact that is not the case. His constituent could get into a great deal of trouble. That is just one example.

If we tell people that they have a pardon, generally speaking, people have a better sense of what a pardon is. That does not mean that they go across the border and say, “No, I have never had a criminal conviction.” They have been pardoned. I suspect that the likelihood of complications would be greatly diminished. That was just one example that I was using.

In regard to the overall numbers, it depends on the individual in question. I suspect that our civil service and the people who maintain these records have a better sense, not only of how many people are eligible, but also of how many would be applying. Some people might have more of a vested interest in wanting to apply. Many others would have no interest in applying, for whatever reasons. They could be at a stage in life. It could be in terms of occupations. Who knows what the rationale is. However, I have trust and confidence in the system, and if there needs to be an adjustment, I have confidence in the government of the day making that adjustment.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I am going to need some time to fact check all the erroneous things that the member said.

First of all, the leader of the NDP, the member for Burnaby South, like health officials in Montreal, Toronto and Vancouver, wants to decriminalize drugs, recognizing that these are dangerous substances, but also recognizing, as we would have hoped the government would, but it does not, that these are now public health issues.

I want to walk the member through the NDP's position, since he seems to have had some trouble understanding it. The NDP advocated for decriminalization in the lead-up to legalization. Why? We understood that it would be a complicated process. We were right, because the government threw provinces under the bus while trying to get this process going.

That being said, the NDP supported Bill C-45, supported legalization, and through that whole process asked government members why they would not decriminalize simple possession of cannabis, as Canadians continue to be taxed with criminal records. These are young Canadians, vulnerable Canadians, racialized Canadians.

What do we have now? We have an eleventh-hour, half-baked, no pun intended, solution. Despite what the member thinks he is telling us to look forward to at committee, we are already at committee studying this bill before it is even out of the House. It is getting eviscerated by officials who cannot tell us where the numbers are that the member is quoting from, with the Minister of Border Security who said that this is a great injustice, and if we consider it a great injustice, maybe we should go toward expungement.

The member would also know that lawyers have come before the committee to speak about expungement. Please stop saying “pardon”, because the government did not respect its promise to change a record suspension back into a pardon. A pardon means something else in the United States, so a pardon and expungement are equally worthless at the border.

Does anyone know what one can do in Canada with a pardon or record suspension? Potential employers can ask if people have a criminal record for which they have obtained a record suspension. People have to say “yes”. With an expungement, they do not have to, so if they are racialized or vulnerable Canadians who want to get a job, expungement is the way to go. That is why witnesses at committee are telling us that it is the solution. That is why the member should get on board and stop believing his own hot air about this issue which the government has dropped since day one.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I believe the member is attempting to mislead in his statements. If we stop and think, it was very clear. In 2015, in the last election, the NDP did not support legalization of cannabis. Instead, its members argued for mere decriminalization. If they had their way, if we followed what they advocated for in 2015, cannabis possession would still be against the law.

In late 2017, in the Canadian Press, there is a quote from their leader of today which says that the NDP leader is urging the Prime Minister to consider decriminalizing all illegal drugs.

The member can fact check all he wants, but everything I have said is factual. I would suggest that the NDP members, because they have such a progressive government on a number of social fronts, find themselves out of place, as if there is no room inside the chamber for them. They are trying to create opportunities. If they want to radically change their 2015 platform, good for them. I hope they do.

They also advocated for balanced budgets back then. Today, they are advocating for a house for everyone in Canada, possibly gifting it to them. Who knows what we are going to see coming from the NDP. I anxiously await that platform.

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

Mr. Speaker, I have a comment more than anything. We have heard so much from the member in this Parliament, I am not sure I really need an answer from him. It is a shame that other members will not allow their voices to be heard and simply allow the member to do all the talking on that side. It is a lot of work to be elected to the House of Commons, and members should use their own voices.

Be that as it may, the member spent a large portion of his speech dissecting opposition reaction to it, and castigating both the Conservative opposition, but not all Conservatives, and the NDP. Some Conservatives have spoken in favour of expungement. One of the NDP members had a private member's motion on expungement that they all supported.

I noticed during both the vote and debate on the NDP's private motion, and in the debate earlier today on this bill, that a substantial portion of the Liberal backbench also favour expungement. This is not a matter of the member's party being unified in their approach; there are many Liberals who do not agree with the party's approach. If we must have a comment or answer, I would like him to address that.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, first, in regard to the amount of speaking, I am here to advocate and that is what I do. I take a great sense of pride in that. If we add up their words, a couple of the Conservative members have spoken more than I have in this chamber.

We have a very strong, healthy caucus. All members of this caucus are engaged in different ways. I see that as a very strong and positive thing. I also see it as a positive when we have diversity in a caucus and where members can have differing opinions. It might not be unanimous regarding expungement versus pardon, just like it is not unanimous in the Conservative Party either. However, we are able to come to a consensus and move forward, and that is something this government has consistently done since day one of being in government.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, my thoughts are with the journalists who have to fact check one of Donald Trump's speeches. They must dread finding that the fact checking is longer than the speech. I felt a bit like that when I was listening to the member for Winnipeg North. The 10-minute question period was not even long enough to correct the facts. If the member had listened to the testimony from the minister and departmental officials in committee, he would have seen just how problematic his comments were.

Bill C-93 arrived at the eleventh hour of this Parliament. Record suspension for simple cannabis possession should have been included in the government's legalization bill. It is crucial to make some distinctions here. I heard a number of members on both sides of the House, myself included, use the word “pardon”, but there is an important distinction to be made.

First, the debate on this bill includes a lot of talk about Canadians being able to cross the border. In the United States, being granted a pardon has a different connotation. Any lawyer will tell you that. In the United states, that is something only the executive branch can do. Giving an individual a presidential pardon, for example, means eliminating their criminal record and giving them a full pardon. In Canada, however, the individual continues to have a criminal record. I will come back to that.

Several years ago, when the Conservative government decided to call this a criminal record suspension, it had a very clear intention, namely to remind those concerned that they had not been pardoned and that the government had only done them the favour of suspending their criminal record. It is often the vulnerable who end up in a precarious situation. They generally try to get a pardon, which is now being called a record suspension, in order to get a job, rent an apartment or do volunteer work. Statistics show that 95% are not recidivists. Calling this a pardon did not pose any problems, since the program itself required these people to demonstrate good behaviour for a number of years before they were able to submit an application.

This change might appear insignificant or semantic to some people who, like us, are in a position of privilege. However, a study done by the Department of Public Safety has acknowledged that these changes are needed. The minister himself said several years ago that this would be rectified in the course of a much-needed reform of the record suspension program, and yet it still has not been done. Unfortunately, with the election just a few months away, we do not expect this to get done, which is really too bad.

This is part of the broader debate we have already had on several occasions. Let us deal specifically with record suspensions for simple possession of cannabis. Several things came to light during the debate and in committee. First of all, suspending the criminal record does not make it disappear, and this has a number of repercussions. For instance, on job applications, candidates are sometimes asked whether they have ever had a criminal record for which they were granted a suspension.

At committee, like a good politician with several decades of experience, the minister was very careful to specify that the act prohibits employers from discriminating against candidates who have been granted suspensions. Fortunately, departmental officials were there, and they interrupted to clarify that there is nothing in the act to stop employers from asking the question. In fact, the act even specifies that candidates must answer honestly.

I do not know what my colleagues think, but anyone who thinks people will feel protected just because the law prohibits discrimination and that candidates for all kinds of positions and in all spheres of life have never experienced discrimination must be dreaming.

The people in this situation who would try to get a job are the very same people who would then struggle to get legal aid to file a complaint with the Canadian Human Rights Commission, or even to launch more of a legal complaint. Anyone who says this is insignificant is completely ignoring the reality of those people.

Who are those people? They are racialized, indigenous and young Canadians, Canadians who are in a particular situation that makes it even more difficult for them under normal circumstances, much less with a criminal record in their file, one for which they cannot get proper recourse or remediation through expungement just by having a record suspension.

Let me provide some examples. When we look at cities like Toronto and Halifax, black Canadians are disproportionately more likely to have a criminal record for nothing but simple possession of cannabis. In cities like Regina, indigenous people are 10 times more likely than white Canadians to have a criminal record for simple possession of cannabis.

The Minister of Border Security, under the different portfolios he has managed since he has come to this House, said in 2016 that one of the great injustices in the country was that these Canadians were disproportionately impacted by records for simple possession of cannabis. That is interesting. Why? When Bill C-66 was adopted in this place, which sought to remediate the grave injustice LGBTQ Canadians were subjected to because of the criminalization of their lives due to their sexual orientation, the government rightly pointed out that it was a historic injustice.

The problem now, and this is not to pit communities against each other, is that the Minister of Public Safety is using Bill C-66 as an arbitrary, legally non-existent crutch to identify that there is somehow a ceiling for what needs to exist to expunge criminal records, which is a grave injustice.

With regard to this grave historic injustice, I asked the Prime Minister himself questions about it in the House. He said that, yes, it was disappointing and distressing to see this, and that it was obviously unfair, but he refused to call it an injustice.

When I questioned the minister in committee, he went out of his way to avoid using the word, even though another minister had used it back then, and he said that society's grave injustices should depend on what the Canadian Charter of Rights and Freedoms defines as a violation.

This minister was wrong, because, as distinguished lawyer Kent Roach has said, the Charter should be the minimum, not the maximum, in terms of our sense of justice. Citing rulings from the Supreme Court of Canada, Annamaria Enenajor, the director of the Campaign for Cannabis Amnesty, told the committee that a law can be discriminatory in its application without being discriminatory on its face.

In other words, if a law starts out with good intentions but leads to a discriminatory outcome, it can still be considered a discriminatory law, and if a law or application of a law is discriminatory, that means an injustice has been committed.

That is why we want criminal records to be expunged and not just suspended. The minister seems to be insisting on this point, but he cannot say why. He keeps referring to Bill C-66.

Can we, as Canadians, say that while a grave, historic injustice was done to the LGBTQ community, we cannot say the same thing about the application of the law regarding the possession of a drug that is now legal, namely, cannabis? This was an injustice largely done to vulnerable communities. I find that really troubling.

On that note, Solomon Friedman, a criminal defence lawyer who was at our committee last week, said that this law is not a bad thing, and it is good that we are putting in place mechanisms for these Canadians to more easily receive pardons. In the words of many witnesses and experts, it is the absolute bare minimum. As Mr. Friedman said in committee, certainly we can do better than the absolute bare minimum, especially for indigenous, racialized and other Canadians who are in vulnerable situations.

It is not just a distinction between expungement and record suspension. It is also an issue of whether it is automatic. This legislation would still make Canadians jump through the crazy hoops that exist to obtain a record suspension. The government thinks it has solved that because it would be free of charge and there would be no wait times. However, the reality is different.

When the public safety committee, which I am the vice-chair of, did a study on how we can reform the record suspension program and fix all the issues it has, one of the things that came up time and time again, which all parties agreed on, was the fact the most exorbitant part of the process and the costs imposed on these Canadians is not the cost to apply, which is what the government would be waiving. It is the fact that people have to go to a municipal court and a provincial court. They have to get their fingerprint records. They have to go to the police station. Two Conservative members who are former police officers validated all this information. They said that it is indeed extremely labourious for these Canadians to obtain all those things.

As officials confirmed at committee, indeed it would not be a cost-free process, no matter what members in this House on the government side attempt to tell us.

The costs associated with this process must therefore be assumed by individuals who often do not have the means and are actually applying for the suspension to be able to get a job. Bill C-93 currently before the House maintains certain mechanisms that prevent people from getting their criminal records suspended. It is not true that anyone who has a criminal record for simple possession of cannabis just has to fill out a form for that to happen. That does not just magically happen. This will not be the case for people who, for example, have administration of justice offences on their records. We are not talking about murderers. We are talking about people who might have an outstanding $50 fine, which would make them ineligible. Departmental officials confirmed that such individuals would not be eligible for the process being offered by the government.

I would like the government to explain why an indigenous person who has a criminal record for simple possession of cannabis and who was unable to go to court because he lives in a remote area cannot get the government to suspend his record because of an unpaid $50 fine. The government says that it cares about the interests of all communities. I do not understand how that is in the interests of people who are simply looking to sort out the criminal record they have for something that is now legal and ensure it is no longer a burden that prevents them from renting an apartment, getting a job or volunteering.

I am also talking about travelling across the border. I almost fell off my chair when I heard what the minister said in committee. He got two bills passed in his name that increase the amount of information we share with the United States. He said that he was sorry, but that the Americans had been keeping a lot of information about us for far too long, and so we could not really control what they do at the border. In passing, I am astounded that the minister recognizes that this is a problem, but yet, every time we raise this issue in debate, he tells us it is not a big deal and we should not worry because the United States is our ally.

There is, however, good reason to worry. I said at the outset that the Americans do not make the same distinction as we do between a pardon and a record suspension. The minister tried to give the most ridiculous excuse that I think I have ever heard in my eight years as an MP. He said that one of the reasons why it was better for people to have their record suspended was because a suspension leaves a paper trail, which would give them the documentary proof they needed at the border.

I see two problems with that.

After I asked the question, the department's staff confirmed that with the passage of Bill C-66, which would expunge records, those affected will actually receive written confirmation. It's a miracle.

Second, no one can tell me that, in a G7 country, we are unable to implement a mechanism to provide confirmation that a record has been expunged. As some might say, my word, I do not understand how a government can look at something with such a narrow lens when it was elected by stating that it wanted to take a broader view. That is just crazy. It boggles my mind.

In the same vein, that was the one reason that was given, even though witnesses then came and said that a record suspension will not make it any easier to cross the border. A person would still have to jump through all the hoops that the Americans will impose, if they even choose to let the person in at all, which, at the end of the day, as the minister said, remains at their discretion. An expungement means that Canadians do not have to lie at the border, which is obviously the more egregious offence. However, the priority here is what is happening domestically. It is about these folks being able to get jobs, rent apartments, volunteer and do all the things that sometimes a criminal record can prevent them from doing.

I want to go back to the notion of the administrative burden. The minister is talking about jumping through hoops, saying that it is about paperwork, this, that and the other thing. I asked the minister why it could not be made automatic, and he told me, basically, that it would be too much work. I am paraphrasing, and I am sure he would disagree with my characterization of this, but every other stakeholder I spoke to shared this characterization of what he said.

Apparently, the federal government believes, and it told us, that it would take 10 years to expunge 250,000 records. Well, when we look at the Phoenix debacle, maybe it is right. Maybe the government finally recognized its own ineptitude in managing these files. However, it is absurd to think that somehow the government is going to put the burden on vulnerable Canadians and make them do this process on their own, which many will not even be aware of, will not have the money to pay for and will not even know where to go for. The government could make it automatic, but, sorry, the Parole Board of Canada might have too much work to do, God forbid. As far as I am concerned, that is completely unacceptable when we look at the individuals who are affected by this particular issue.

Certainly, we understand that government databases are no treat to navigate, but there has to be a way that the government can somehow dream a little more, as the Liberals promised they would when they got elected, and somehow find a way to deal with 250,000 records.

With Bill C-66, of the 9,000 LGBTQ Canadians who were criminalized by the Criminal Code, seven have applied so far through that process. Does the government expect me to believe that because officials came to committee and told us not to worry and that they are going to have a non-traditional marketing campaign using social media and other things, the government will make sure that these Canadians know that this process exists? It is laughable. Quite frankly, it is pathetic.

It should have been part of the process from the beginning.

I want to qualify that. The previous speaker tried to explain the NDP's position in terms of decriminalization. It was to prevent these records from piling up that we wanted to move forward on decriminalization before legalization. It was also because we understand that we have to address this as a public health issue and not a public safety issue.

It is exactly because of our core values that we are saying that the right approach is to expunge these records and not to offer a process that is fundamentally problematic.

I will conclude by saying that we had criminal defence lawyers in committee confirm to us that a record suspension, whether given through a process like Bill C-93 or the normal process outside of a special piece of legislation, is always conditional on continued good behaviour.

What does that mean? That is not about someone who is going to go out and commit a horrific crime. That means that the Parole Board of Canada can decide that because someone got caught speeding, going 130 kilometres per hour on a highway, this could be considered. Those things have happened.

I believe this bill is a clear reflection of the Liberal government that has been in power for four years. It is a useless exercise that lets them claim to be progressive when, in reality, they are quite the opposite.

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

Mr. Speaker, I found it interesting toward the end of the member's speech when he said that the Liberal Party is trying to do something just to be boisterous without really any meaning. That is what I took from that.

However, I also found it very interesting that right toward the end of the member's speech, he said that the New Democrats wanted to decriminalize before legalizing. I find that very interesting because that might be their position now, but it certainly was not in 2015. As a matter of fact, they were against legalization. All they wanted to do was decriminalize it. I find this very interesting, and I wonder if the member can clarify this for us.

In addition to that, the member's leader, in 2017, right after the NDP convention, said that he wanted the Prime Minister to look at decriminalizing all drugs. Is the position of the New Democrats still that they do not support legalization and that all they want is decriminalization of cannabis, specifically? Further, are they extending that to all drugs? Are they suggesting that all drugs should be decriminalized, as their leader said in 2017?

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I voted for Bill C-45. I think that is pretty simple for the member to understand.

However, while the Liberals continue to try to relitigate the last election, I am standing in this House saying that what they could be doing is expunging records for indigenous Canadians, black Canadians and young Canadians, in places like Halifax, Toronto and Regina, who are disproportionately affected by these absurd criminal records for something that is now legal.

New Democrats, both in the House and at committee, proposed to expunge criminal records for simple cannabis possession. With no offence to my colleagues to the right of me, I am sad to say that more Conservatives than Liberals voted for the bill that we proposed. While that member may want to live in 2015, I am fighting for those individuals who just want to get jobs and move on with their lives and not live with a black mark on their file because the government could not think on a bigger scale and more outside the box than what it is doing here today.

[Scott Reid, Conservative, Lanark—Frontenac—Kingston, ON]

Mr. Speaker, I was one of the Conservative members who voted in favour of the excellent bill that was before the House last week. I am very proud to have done so. I did so right after returning from Washington, D.C., where we were talking to American congressional officials about the merits of various proposals to legalize or reduce the penalties on cannabis in their country. One of the issues that arose is that there is currently a proposal being put forward by some members of Congress to remove the ability of their own border officials to stop Canadians from crossing the border for having used cannabis in Canada in the past, when it was not lawful.

There is a fundamental distinction between the Liberal proposal that we are debating today and what was proposed in the private member's bill last week. It is that a person would never have to lie to an American border official if asked, “Have you been convicted for carrying cannabis? Do you have a record for that?”

I want to ask the member this, and I would enjoy hearing a Liberal member answer it too: What happens to a person if he or she lies to an American border official while crossing the border, if that person is on American soil at that time?

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I thank my colleague for his question and for his support for the bill introduced by the hon. member for Victoria.

In fact, I cannot answer his question specifically. Part of me believes that we are better off not knowing. It is true that the minister himself often said throughout the process that he wanted to ensure that Canadians were well aware that they should not lie at the border. Often, as Liberal MPs have acknowledged, the process is so complicated in a bill like this that Canadians travelling abroad are not always clear on what they should and should not say.

Personally, I have a hard time understanding why the minister could not simply say to his U.S. counterpart that Canada adopted legislation and all criminal records for simple possession of cannabis have been expunged.

There is something else I want to talk about. The member went to Washington. The American example is very interesting. In jurisdictions that have legalized cannabis, like in San Francisco, where the initial process was similar to what the government is proposing today, almost no one availed themselves of the process. A dozen or so people out of hundreds of thousands of people with a record went through the process. California decided to institute an automatic process to expunge the records. People did not even have to request that it be done.

Other jurisdictions similar to ours have been through this and they managed to do so. If I am not mistaken, the research we did even showed that artificial intelligence has been used to process cases.

In conclusion I would say that the government simply wants to revive the last election campaign. It wants catch phrases and talking points. It has clearly decided to just throw us a bone, but there is not much meat on that bone. It is pretty bare at the moment, which is unfortunate. Jokes aside, actual Canadians are affected by this.

I am proud that we are standing up for them. It is unfortunate that the government is not doing the same.

I thank my colleague for his support.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Mr. Speaker, I thank my Beloeil—Chambly colleague for his enlightening speech, which was based on evidence and explanations provided by experts on the subject. I am really concerned about the fact that the record suspension the Liberals are proposing in Bill C-93 means that individuals would still have criminal records.

We know that most of the people with criminal records for simple possession are young people. They start out in life with a criminal record that prevents them from getting a job, finding a home, doing volunteer work or getting involved in the community. They are stigmatized for the rest of their lives because the bill will not expunge their record or help these young people.

The Prime Minister loves talking about his youth council, but he does not give its members a say on public policy issues. Young people really should have their say on a bill that does nothing to destigmatize them.

My colleague from Beloeil—Chambly talked about public health benefits, but I think this approach is just going to make things worse because of anxiety and stress. I think young people are struggling with that. There is no solution. Plus, this debate is happening in May, with just five or six weeks to go in this parliamentary session. That means no bill will be forthcoming as a result. This bill is a disaster. I would like to hear my colleague's thoughts on that.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Mr. Speaker, I thank my colleague for the question.

I think if it were not for my colleague asking questions about young people, there would be little to no discussion about it in the House even though we have a minister responsible for youth, namely the Prime Minister.

However, one thing is clear, and I talked about it in my speech. Imagine a young person who has a criminal record or a record for failing to appear in court, to attend a hearing or to pay a fine of $50, which is a lot of money for some. Imagine that young person not being eligible for the process the government is proposing because they failed to pay a $50 fine. That person would be disqualified for not serving his sentence, which was to pay a fine. That is outrageous because, as my colleague said, that person is just getting started in life. People do not seek to have their records expunged or, in this case, suspended, just for the fun of it. This can truly affect people's ability to get a job, rent an apartment, do volunteer work here at home.

I will conclude with this. Is it illegal to discriminate against a potential employee, even when we know perfectly well that discrimination sadly exists in our society? Yes. It is illegal for an employer to ask whether a candidate has a criminal record that was suspended? No.

I would ask the following question of all members. Why should Canadians who have criminal records because of a law that discriminates against the most vulnerable and racialized Canadians have to pay the price for something that is now legal and because of this government's failed policies?

I am still looking for the answer. No one has been able to answer me that.

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

Mr. Speaker, today I will be sharing my time with the great member for St. Catharines.

I would like to start by picking up on a comment that was made in response to one of the questions by the previous member. He referred to what this government had done on the cannabis file as trying to relitigate the last election and as throwing a small bone, yet Canada is one of a few countries in the world that have actually legalized cannabis, with the intent of heavily regulating it so that we can make sure it stays out of the hands of people who should not have it. We are now taking another step, which is to put a pardon system into place whereby those with simple possession charges and convictions can be pardoned. The members opposite in the NDP are referring to this as throwing a small bone and as being a relatively ineffective measure, which is extremely unreflective of what is actually going on here.

What this bill does propose is to make pardons, also known as record suspensions, much more readily available to people convicted only of simple possession of cannabis. Normally there is a waiting period of up to 10 years to apply for a pardon after a sentence is completed. Under Bill C-93, the waiting period would be eliminated for people convicted only of simple possession of cannabis.

There would also be no associated application fee. It is worth pointing out that the usual fee for a pardon is $631, and this fee would be waived entirely. The goal here is to help rid people of the burden and the stigma that comes with a criminal record for simple possession of cannabis and to do so as quickly and as early as possible.

Since the Cannabis Act came into force in October of last fall, the simple possession of lawfully obtained cannabis is no longer a criminal offence. With this new legal framework in place, the time has come to address the lingering legacy that came before. Simply put, there are many Canadians who are saddled with criminal records only for simple possession of cannabis. These are relatively minor offences, especially when we consider the recent changes to the law, but the real-life consequences they carry can be severe and long-lasting.

We know those consequences have disproportionately affected vulnerable and marginalized communities in Canada, including the black and indigenous communities. Studies have shown that rates of cannabis use are relatively similar across racial groups, and yet in 2017 a study conducted by the Toronto Star showed that Canadians of African descent with no criminal convictions were three times more likely to be arrested for cannabis possession than were white people with similar histories.

A criminal record can represent a real roadblock when it comes to trying to cross an international border, applying for a job, looking for housing or volunteering in a community. A pardon removes that roadblock. The effect of a pardon is fully recognized and protected under the Canadian Human Rights Act as well as laws in many provinces and territories.

The Parole Board of Canada is the agency that would handle the administration of streamlining and expediting the pardons process proposed in Bill C-93. The board's website would function as a primary window for applicants. A step-by-step application guide and forms with a full set of instructions would be made available online. In addition, there will be postings to assist applicants, including a 1-800 information number and a dedicated email address. Usually Parole Board members consider subjective criteria, such as whether the applicant has been of good conduct or whether the pardon will bring him or her measurable benefit. Under Bill C-93, those criteria would be waived. The decision would be based on an administrative review by a staff member, further speeding up the process. The administrative review would simply confirm that the only convictions being pardoned are for simple possession of cannabis, that there are no convictions for other offences on the applicant's record and that the sentence is complete. This streamlined process would give more people a chance to make a fresh start and to move on with their lives.

To meet this important objective, it will be essential to reach out to as many interested people as possible and as early as possible. That is why I am pleased to note that the Parole Board is in full planning mode for the future outreach efforts with stakeholders.

These stakeholders are community organizations and advocate groups, as well as courts; police forces; provincial, territorial and municipal partners; and the law societies of Canada. The purpose of these outreach efforts is to raise awareness of the proposed reforms so people with criminal records for cannabis possession know that the streamlined process exists and know how to avail themselves of it.

People who have been convicted only of simple possession of cannabis should be able to play a meaningful role in their communities and Canadian society. They should have access to good, stable jobs and adequate housing for themselves and their families. They should not face continued burdens and stigma for having committed a crime that is no longer a crime. That is why I support Bill C-93 and the specific recourse the government is proposing.

Waiving the fee and the waiting period are unprecedented and extraordinary measures, but they are appropriate in this instance. The government originally announced its intention to introduce legislation to this effect on October 17 of last year. On that day, Canada became only the second country in the world to legalize and regulate cannabis.

I am proud that we had the courage during the last election to recognize the problems with cannabis prohibition and commit to changing things. I am proud that we upheld that commitment. I am proud the legislation we have today is before us and paves the way for law-abiding Canadians to turn the page on convictions for simple possession of cannabis. Allowing them to contribute to society to their fullest potential is not only good for them, but good for all of us. That is why Bill C-93 is so important and that is what it is all about. I urge all hon. members of this House to join me in supporting this very important piece of legislation.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I listened to my friend's words very carefully. We know that the Canadians who are affected by this situation are particularly indigenous, marginalized and racialized Canadians, who have been long affected by marijuana laws. In particular, regarding the idea of pardons or expungements, I just came from the committee studying this bill. We heard from the Canadian Association of Black Lawyers and the Native Women's Association of Canada, two groups that are particularly focused on representing those Canadians. Neither of them was consulted by the government in drawing up this legislation.

What is devastating to me is this. In putting this bill together, not only did the Liberals not consult with the people affected, but they also ignored a particular condition that both witnesses brought up today, which is that if there is an administrative penalty or charge against someone—for example, a “failed to appear” charge—and they have a simple possession charge, they are omitted from this bill. They cannot seek a pardon.

Where I live in northern British Columbia, failures to appear, particularly for the marginalized, poor and indigenous people, are unfortunately quite common. We had a case last year of a young indigenous woman charged with simple possession and failure to appear. It was eight hours from her community by road to the courthouse. She had to hitchhike because there is no Greyhound or public transport service. All she could do was beg, borrow or steal a ride to get to court. She did not, and now she has an administrative charge, which my friend would know disqualifies her from receiving a pardon.

We agree with his comments about returning to society and being able to be a fully participating member. However, does he not understand the need to amend this bill to make the changes to help those whom the government claims to be seeking to help?

I do not understand why the Liberals did not consult. It is obvious now in this bill that their failure to consult has produced a flawed bill for Parliament.

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

Mr. Speaker, as I indicated in my speech, there are many people who have been convicted of simple possession of cannabis. We are talking about thousands of people throughout the country. The intent of this bill is to streamline the process and put a process in place that allows a staff person to be able to assess and use the criteria in the bill to decide very easily if this individual who is applying can be pardoned. I think the process that would be put in place is going to move the needle forward very quickly to make sure we can get as many people as possible through the process so that we can get as many pardons completed as possible.

At the end of the day, that is what this is all about. It is about recognizing that simple possession is no longer a criminal offence. I think a lot of people in this House would agree that it should not have been for quite a while. This is about making sure we can get as many people pardoned as possible.