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.

Judges Act

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, definitely I will tell the member what happened when it came to the Senate delay.

It was coming to May of that year and the government woke up and realized that it had passed the least legislation of any government before it. It decided to put a slew of things in. We had Bills C-91, C-92, C-93 and a whole bunch of them come in. The Senate has a protocol where they have to address government business first, before private members' business, which this was at the time. That is what happened there.

I assure the member that the Conservative senators are on the page and absolutely believe that we need to do something to address sexual assault in this country, and will support this bill as well as others that take that measure.

Bill C-68—Time Allocation Motion

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Speaker, in the Senate there are a number of bills that are so important, just like this exact bill here, Bill C-68. There are also Bill C-88, Bill C-91, Bill C-92, Bill C-93, Bill C-391, Bill C-374, Bill C-369 and Bill CC-262. All these bills are being delayed by the Senate because they are taking far too long.

I was wondering if the hon. minister could tell us why the Conservative senators are delaying all these bills, delaying us from doing the job that Canadians have sent us here to do. They gave us a mandate in 2015, after a decade of darkness with the Conservatives, to repair the damage they had done to the environment and to indigenous communities and to make sure we get this job done.

Can the hon. minister talk a little bit about that, please?

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will resume debate at third reading of Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

Tomorrow we will begin debate on the Senate amendments to Bill C-59, an act respecting national security matters.

Next week, priority will be given to Bill C-101, an act to amend the Customs Tariff and the Canadian International Trade Tribunal Act, and to bills coming back to us from the Senate.

There may be a few changes, but that is what we have for now.

Public Safety and National Security

[John McKay, Liberal, Scarborough—Guildwood, ON]

Mr. Speaker, I have the honour to present, in both official languages, two reports from the Standing Committee on Public Safety and National Security. They are the 35th report, regarding Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis, and the 36th report, regarding the main estimates, 2019-20.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Madam Speaker, this afternoon, we will resume debate at report stage of Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis. Tomorrow, we will start report stage of Bill C-97, budget implementation act, 2019, No. 1.

Currently, the intention is to have Monday, June 3 and Friday, June 7 as allotted days.

Next week, priority shall be given to Bill C-97, the budget implementation act; Bill C-93, concerning cannabis pardons; Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families; Bill C-88, concerning the Mackenzie Valley; and government business no. 29, the national climate emergency.

We will also give priority to bills coming back from the Senate.

Finally, I would like to mention that following Private Members' Business on Tuesday and Wednesday evening next week, we will have three hours set aside for speeches by members not seeking re-election in the next election.

These are our current intentions, but as we know, things can always change.

Public Safety and National Security

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Mr. Speaker, I have the honour to present, in both official languages, the 34th report of the Standing Committee on Public Safety and National Security concerning Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

The committee has studied the bill and has decided to report the bill back to the House with amendments.

Extension of Sitting Hours

[Celina Caesar-Chavannes, Independent, Whitby, ON]

Mr. Speaker, there are two pieces of legislation the member mentioned that are particularly important to the most vulnerable individuals in our community, and thus I do not mind extending the hours. She mentioned Bill C-81, which would identify, remove and prevent accessibility barriers and level the playing field especially for those with various disabilities. She also mentioned Bill C-93, the expedited record suspension, and, of course, we know that when it comes to simple possession of cannabis it negatively impacts indigenous individuals and people of colour disproportionally.

If we extend the hours, what is the likelihood we will get these pieces of legislation passed before the House rises?

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

moved:

That, notwithstanding any Standing Order or usual practice of the House, commencing upon the adoption of this Order and concluding on Friday, June 21, 2019:

(a) on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be 12:00 a.m., except that it shall be 10:00 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place;

(b) subject to paragraph (e), when a recorded division is requested in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2) or Standing Order 78, but not including any division in relation to the Business of Supply or arising as a consequence of an order made pursuant to Standing Order 57, (i) before 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of Oral Questions at that day’s sitting, or (ii) after 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of Oral Questions at the next sitting day that is not a Friday, provided that, if a recorded division on the previous question is deferred and the motion is subsequently adopted, the recorded division on the original question shall not be deferred;

(c) notwithstanding Standing Order 45(6) and paragraph (b) of this Order, no recorded division in relation to any government order requested after 2:00 p.m. on Thursday, June 20, 2019, or at any time on Friday, June 21, 2019, shall be deferred;

(d) the time provided for Government Orders shall not be extended pursuant to Standing Order 45(7.1) or Standing Order 67.1(2);

(e) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this Order, is requested, the said division is deemed to have been deferred until the conclusion of Oral Questions on the same Wednesday;

(f) any recorded division which, at the time of the adoption of this Order, stands deferred to immediately before the time provided for Private Members’ Business on the Wednesday immediately following the adoption of this Order shall be deemed to stand deferred to the conclusion of Oral Questions on the same Wednesday;

(g) a recorded division requested in respect of a motion to concur in a government bill at the report stage pursuant to Standing Order 76.1(9), where the bill has neither been amended nor debated at the report stage, shall be deferred in the manner prescribed by paragraph (b);

(h) for greater certainty, this Order shall not limit the application of Standing Order 45(7);

(i) when one or several deferred recorded divisions occur on a bill at report stage, a motion, “That the Bill be now read a third time and do pass”, may be made in the same sitting;

(j) no dilatory motion may be proposed after 6:30 p.m., except by a Minister of the Crown;

(k) notwithstanding Standing Orders 81(16)(b) and (c) and 81(18)(c), proceedings on any opposition motion shall conclude no later than 5:30 p.m. on the sitting day that is designated for that purpose, except on a Monday when they shall conclude at 6:30 p.m. or on a Friday when they shall conclude at 1:30 p.m.;

(l) during consideration of the estimates on the last allotted day, pursuant to Standing Order 81(18), when the Speaker interrupts the proceedings for the purpose of putting forthwith all questions necessary to dispose of the estimates, (i) all remaining motions to concur in the Votes for which a notice of opposition was filed shall be deemed to have been moved and seconded, the question deemed put and recorded divisions deemed requested, (ii) the Speaker shall have the power to combine the said motions for voting purposes, provided that, in exercising this power, the Speaker will be guided by the same principles and practices used at report stage;

(m) when debate on a motion for the concurrence in a report from a standing, standing joint or special committee is adjourned or interrupted, the debate shall again be considered on a day designated by the government, after consultation with the House Leaders of the other parties, but in any case not later than the 31st sitting day after the interruption; and

(n) Members not seeking re-election to the 43rd Parliament may be permitted to make statements, on Tuesday, June 4, and Wednesday, June 5, 2019, at the expiry of the time provided for Private Members’ Business for not more than three hours, and that, for the duration of the statements, (i) no member shall speak for longer than ten minutes and the speeches not be subject to a question and comment period, (ii) after three hours or when no Member rises to speak, whichever comes first, the House shall return to Government Orders.

Mr. Speaker, I rise today to speak to Motion No. 30, which allows for the extension of the sitting hours of the House until we rise for the summer adjournment.

There is a clear and recent precedent for this extension of hours to give the House more time to do its important work. It occurred last year at this time and also the year before that. As well, in the previous Parliament, the hours of the House were extended in June 2014.

Four years ago, our government came forward with an ambitious mandate that promised real change. Under the leadership of our Prime Minister, our government has introduced legislation that has improved the lives of Canadians from coast to coast to coast. However, we have more work to do.

So far in this Parliament, the House has passed 82 government bills, and 65 of those have received royal assent. The facts are clear. This Parliament has been productive. We have a strong record of accomplishment. It is a long list, so I will cite just a few of our accomplishments.

Bill C-2 made good on our promise to lower taxes on middle-class Canadians by increasing taxes on the wealthiest 1% of Canadians. There are nine million Canadians who have benefited from this middle-class tax cut. This tax cut has been good for Canadians and their families. It has been good for the economy and good for Canada, and its results have been better than advertised. On our side, we are proud of this legislation. We have always said that we were on the side of hard-working, middle-class Canadians, and this legislation is proof of exactly that.

As well, thanks to our budgetary legislation, low-income families with children are better off today. We introduced the biggest social policy innovation in more than a generation through the creation of the tax-free Canada child benefit. The CCB puts cash into the pockets of nine out of 10 families and has lifted nearly 300,000 Canadian children out of poverty.

Early in this Parliament, in response to the Supreme Court of Canada, we passed medical assistance in dying legislation, which carefully balanced the rights of those seeking medical assistance in dying while ensuring protection of the most vulnerable in our society.

Also of note, we repealed the previous government's law that allowed citizenship to be revoked from dual citizens. We also restored the rights of Canadians abroad to vote in Canadian elections.

We added gender identity as a prohibited ground for discrimination under the Canadian Human Rights Act. Also, passing Bill C-65 has helped make workplaces in federally regulated industries and on Parliament Hill free from harassment and sexual violence.

We promised to give the Office of the Parliamentary Budget Officer the powers, resources and independence to properly do its job. We delivered on that commitment through legislation, and the PBO now rigorously examines the country's finances in an independent and non-partisan manner.

Through Bill C-45, we ended the failed approach to cannabis by legalizing it and strictly regulating and restricting access to cannabis, as part of our plan to keep cannabis out of the hands of youth and profits out of the pockets of organized crime. Along with that, Bill C-46 has strengthened laws to deter and punish people who drive while impaired, both from alcohol and/or drugs.

These are just some examples of the work we have accomplished on behalf of Canadians.

We are now heading into the final weeks of this session of Parliament, and there is more work to do. Four years ago, Canadians sent us here with a responsibility to work hard on their behalf, to discuss important matters of public policy, to debate legislation and to vote on that legislation.

The motion to allow for the extension of sitting hours of the House is timely, and clearly it is necessary. We have an important legislative agenda before us, and we are determined to work hard to make even more progress.

Passage of this motion would give all members exactly what they often ask for: more time for debate. I know every member wants to deliver for their communities and this motion will help with exactly that. We have much to accomplish in the coming weeks and we have the opportunity to add time to get more done.

I would like to highlight a few of the bills that our government will seek to advance.

I will start with Bill C-97, which would implement budget 2017. This budget implementation act is about making sure that all Canadians feel the benefits of a growing economy. That means helping more Canadians find an affordable home, and get training so that they have the skills necessary to obtain good, well-paying jobs. It is also about making it easier for seniors to retire with confidence.

Another important bill is Bill C-92, which would affirm and recognize the rights of first nations, Inuit and Métis children and families. The bill would require all providers of indigenous child and family services to adhere to certain principles, namely the best interests of the child, family unity and cultural continuity. This co-drafted legislation would transfer the jurisdiction of child and family services delivery to indigenous communities. This is historic legislation that is long overdue.

We have another important opportunity for us as parliamentarians, which is to pass Bill C-93, the act that deals with pardons as they relate to simple possession of cannabis. As I mentioned, last year we upheld our commitment to legalize, strictly regulate and restrict access to cannabis. It is time to give people who were convicted of simple possession a straightforward way to clear their names. We know it is mostly young people from the poorest of communities who have been targeted and hence are being left behind. This bill would create an expedited pardon process, with no application fee or waiting period, for people convicted only of simple possession of cannabis. Canadians who have held criminal records in the past for simple possession of cannabis should be able to meaningfully participate in their communities, get good and stable jobs and become the contributing members of our society that they endeavour to be.

Meanwhile, there is another important bill before the House that we believe needs progress. Bill C-88 is an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. This legislation only impacts the Northwest Territories, and its territorial government is asking us to act. This legislation protects Canada's natural environment, respects the rights of indigenous people and supports a strong natural resources sector. This bill will move the country ahead with a process that promotes reconciliation with indigenous peoples and creates certainty for investments in the Mackenzie Valley and the Arctic.

Earlier this month, our government introduced Bill C-98, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act. This bill would create civilian oversight of the Canada Border Services Agency. It would provide citizens with an independent review body to address complaints about the CBSA, just as they now have complaint mechanisms in place for the RCMP. Let me remind members that it was our government that brought forward Bill C-22 that established the national security intelligence committee of parliamentarians, which has tabled its first annual report to Parliament. We are committed to ensuring that our country's border services are worthy of the trust of Canadians, and Bill C-98 is a significant step towards strengthening that accountability.

We have taken a new approach. We, as a government, have consulted with Canadians when it comes to our legislation. We have seen committees call witnesses and suggest amendments that often times improve legislation, and we, as a government, have accepted those changes. We were able to accomplish this work because we gave the committees more resources and we encouraged Liberal members to do their work.

Likewise, currently there are two bills that have returned to the House with amendments from the Senate. I look forward to members turning their attention to these bills as well. One of those bills is Bill C-81, an act to ensure a barrier-free Canada. Our goal is to make accessibility both a reality and a priority across federal jurisdictions so that all people, regardless of their abilities or disabilities, can participate and be included in society as contributing members. Bill C-81 would help us to reach that goal by taking a proactive approach to getting ahead of systemic discrimination. The purpose of this bill is to make Canada barrier free, starting in areas under federal jurisdiction. This bill, if passed by Parliament, will represent the most significant legislation for the rights of persons with disabilities in over 30 years, and for once it will focus on their abilities.

The other bill we have received from the Senate is Bill C-58, which would make the first significant reforms to the Access to Information Act since it was enacted in 1982. With this bill, our government is raising the bar on openness and transparency by revitalizing access to information. The bill would give more power to the Information Commissioner and would provide for proactive disclosure of information.

There are also a number of other bills before the Senate. We have respect for the upper chamber. It is becoming less partisan thanks to the changes our Prime Minister has made to the appointment process, and we respect the work that senators do in reviewing legislation as a complementary chamber.

Already the Senate has proposed amendments to many bills, and the House has in many instances agreed with many of those changes. As we look toward the final few weeks, it is wise to give the House greater flexibility, and that is exactly why supporting this motion makes sense. This extension motion will help to provide the House with the time it needs to consider these matters.

There are now just 20 days left in the parliamentary calendar before the summer adjournment, and I would like to thank all MPs and their teams for their contributions to the House over the past four years. Members in the House have advanced legislation that has had a greater impact for the betterment of Canadians. That is why over 800,000 Canadians are better off today than they were three years ago when we took office.

We saw that with the lowering of the small business tax rate to 9%, small businesses have been able to grow through innovation and trade. We see that Canadians have created over one million jobs, the majority of which are full-time, good-paying jobs that Canadians deserve. These are jobs that were created by Canadians for Canadians.

That is why I would also like to stress that while it is necessary for us to have honest and vibrant deliberations on the motion, Canadians are looking for us all to work collaboratively and constructively in their best interests. That is exactly why extending the hours will provide the opportunity for more members to be part of the debates that represent the voices of their constituents in this place, so that we continue to advance good legislation that benefits even more Canadians.

It has been great to do the work that we have been doing, but we look forward to doing even more.

Royal Canadian Mounted Police Act

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, it is a privilege to follow my friend from Scarborough—Guildwood, who has had millions of minutes in this chamber. However, I am at a loss to ascribe any real substance to those minutes, despite the fact that I hold him in great affection. He has been very helpful on some projects related to veterans, and on that matter, maybe he can help get the Afghan monument finally done.

I share the comments from a lot of people today in that I have frustration with when the bill is being put forward. I think all members of this chamber have tremendous respect for the men and women who wear the uniform of the RCMP or wear the uniform of the Canada Border Services Agency, CBSA, who would be impacted by the bill. Nothing shows a lack of priority like introducing bills when the tulips are coming up here in Ottawa. This is when we are in the final weeks of the parliamentary sitting, and so when the government introduces something in this time period, it shows how much it has prioritized it. If the Liberals are doing that in the fourth year of their mandate with literally a few weeks left in the session, it actually shows disdain for the underlying issues of the bill when they have had four years related to it.

My friend from Scarborough—Guildwood was suggesting that we needed to stay in our partisan lane and was bemoaning the fact that we are decrying the lack of consultation and lack of prioritization by the government, but the Liberals have left us no choice. We do not even think, at the pace things are going, that this will be substantially looked at in committee, despite his nice offer to take phone numbers of union members who were ignored in the preparations behind the bill. We will not even be able to get time to hear from them, and that is amiss, because our job as an official opposition is to hold the government to account, critique and push for better. I should remind my friend, the Liberal deputy House leader, that better is always possible, and this is an example.

The bill was introduced on May 7, 2019, literally in the final weeks of Parliament, much like Bill C-93, another public safety bill, which was introduced in the same month. What is shocking is that these are areas the Liberals have talked about since their first weeks in government. In fact, the marijuana pledge is probably the only accomplishment of the Prime Minister in the Liberals' four years in government, and they are putting the cannabis records suspension bill to the House in the final weeks. Who have they not consulted on that? It is law enforcement, which is really quite astounding.

Canadians might remember that in the first few months of the Liberal government, back in 2015-16, the Liberals were fond of consultations, which I think my friend from Sarnia—Lambton and others have made note of. In fact, there were little vignettes created saying, “We're going to consult. We're going to have public consultation.” I guess after that the Liberals stopped doing it entirely.

My real concern in the matter of public safety and security bills is that the CBSA alone will be swept into elements of Bill C-98 and the 14,000 people in that department, including the almost 7,000 uniformed people at 1,200 locations across this country, should be consulted on a substantive piece of legislation that would impact them. They were not. In fact, the Customs and Immigration Union has been demanding to be consulted, and not at the committee stage in June, a few days before Parliament may rise and go into an election. They should have been consulted prior to drafting the legislation. That is the real problem I have with this.

It is the same with the cannabis record suspension legislation, which is another public safety bill being thrown into the mix in the final weeks. The Canadian Police Association was not consulted. Tom Stamatakis, the president, had this to say:

Were we directly consulted? Not in an extensive way. We had some exchanges, but we didn't have a specific consultation with respect to this bill.

It is the same now with Bill C-98. The underlying people impacted by it, including members of the Customs and Immigration Union, were not consulted on the bill.

We also see other important pieces of public safety legislation still lingering in the legislative process. For example, Bill C-83, legislation to amend the Corrections and Conditional Release Act, is now at committee. That committee is already charged with other legislation from the final year of the government.

A lot of us are watching Bill C-59 as well, a quite comprehensive, almost omnibus bill on national security. It is in the Senate committee. I have been advocating on that bill with regard to the no-fly list, supporting the good work done by the families of the no-fly list kids to make sure that we can have a system to remove false positives and remove children from this list, which is ineffective in terms of public safety if it has tons of erroneous and duplicative names on it.

It is also substantially unfair to Canadians, especially young children, when they are impacted by being on the no-fly list. We need a mechanism for them to take themselves off the list. That is in Bill C-59. I am publicly urging Senate colleagues to make sure they do a proper review, but get it done quickly.

As we can see, there is already a backlog of public safety and security legislation in Parliament now, not to mention a number of other bills being introduced in May.

Stepping out of the public safety area for a moment, it should also concern Canadians that some of the signature issues for indigenous Canadians also had to wait until the final months of the government. They include child welfare legislation, which I think I spoke about in this place maybe 10 days ago, and the indigenous language bill, which was also tossed in at the end of the year when the flowers are coming up here in Ottawa.

That is a lack of respect. It shows there is a priority given to speech, imagery and photos with the Prime Minister, and a lack of priority given to action on public safety issues and on issues related to reconciliation. Governing is more than lofty language. It is delivering on the priorities for Canadians and the things they need.

To review, I would like to see substantive committee time for Bill C-98 so that the Customs and Immigration Union can be properly consulted. The same goes for the RCMP. In fact, I was the public safety critic before I took a little diversion and a national tour to get into a leadership race. We actually worked with the government on Bill C-7, which was the RCMP union bill. We have tried to work with the government, particularly when it comes to uniformed service members. In fact, we pushed for amendments to Bill C-7 so that there would not be a hodgepodge approach to workers' compensation for our RCMP men and women and so that there would not be different standards in different provinces. These are important bills, and people should be consulted.

I would also urge the former chair who spoke, the member for Scarborough—Guildwood, to make sure that adequate time is given. Despite the government's claim that it would never use time allocation and never use omnibus bills, we have seen it use these measures literally by the week. The government House leader appears to relish it now. My friend the deputy House leader wishes he could erase all the speeches of outrage he gave in opposition about the use of time allocation and omnibus legislation, because now he is part of the government House leader team that the member for Scarborough—Guildwood blamed for the delay that we have with these bills, and he uses it with relish.

Let us make sure we have the proper committee time to look at the changes to the RCMP Act and the CBSA Act to make sure we are doing a service to the people who will be impacted by them, whether it is on a public complaints process or other elements in Bill C-98. The consultation should have been done first, but to do this properly, the committee debate time cannot be rushed. We will work with them, but we want to make sure the people impacted are part of the committee review process.

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

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

As I reminded the minister in committee, and as I have repeatedly reminded the House, I must remind him that the Library of Parliament produced a document that clarifies the budget issue.

The Liberals say we cut $300 million, but none of that was cut from services for front-line officers. They were administrative measures, and they did not hurt our officers, so the members can stop bringing that up.

Now, it is not the opposition's problem if there are only 28 days left in this parliamentary session. It is the government's problem, because it mismanaged its legislative agenda from the start. It got bogged down in scandal after scandal. We are going to do what needs to be done. The Standing Committee on Public Safety and National Security still has way too much on its plate. It is still studying Bill C-93. It has not finished studying the bill or the cybersecurity report, for starters. I do not see how the committee can get this done in the time it has left. Committee meetings still need to happen, and the Senate still has work to do, so it will be impossible to wrap this up before the end of the session.

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

Mr. Speaker, I would like to begin my speech with this thought: a government that is constantly embroiled in scandal cannot be effective. That is why we need to examine Bill C-98 at the last minute.

I am pleased to rise in the House to speak to Bill C-98, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act.

This bill renames the Civilian Review and Complaints Commission for the RCMP. It would henceforth be known as the “public complaints and review commission”. It would also be responsible for reviewing complaints filed by the public against the Canada Border Services Agency.

This bill delivers on a Liberal campaign promise that there would be an oversight body for all Canadian law enforcement agencies. The Prime Minister will then be able to say that he kept the promise he made in 2015. However, the only thing the Prime Minister will be able to do is claim that he kept his promise.

The Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness was just practically on his knees begging the opposition to hurry up and pass the bill. The end of this Parliament is quickly approaching, and it will obviously be impossible to get the job done properly. Unfortunately for the Liberals, they will be unable to keep their promise because they did not manage their time properly.

We are not opposed to Bill C-98, but there is still work to do. Right now, the Standing Committee on Public Safety and National Security is stretched to the limit because, as the parliamentary secretary mentioned, it is currently examining a number of public-safety-related bills. The committee is still studying C-93. I do not see how the committee will be able to examine Bill C-98 on top of everything else it still has to do.

We need to get serious if we want the job to get done properly. The problem the Canada Border Services Agency is currently dealing with was caused by the Prime Minister's infamous tweet of January 2017. The Auditor General looked into the matter and, regardless of what the government says, he confirmed that the Prime Minister's tweet resulted in a huge influx of people at the border. Nearly 40,000 people have crossed our border illegally over the past two years. That has caused major problems for border officers on the ground and for the Canada Border Services Agency, which has had to deploy an incredible number of resources. They are still permanently deployed to Roxham Road.

The border management system is overloaded, and that is causing problems. Our border officers are doing their best. However, this type of situation, which was created by the Prime Minister, sometimes makes it difficult for them to do their job properly because of the higher-than-normal volume of border crossers.

The government is having a hard time making progress because it has to deal with scandal after scandal. We cannot forget the infamous trip to India, when the Prime Minister made Canada a laughingstock for a week. We never understood, and still do not understand, why the Prime Minister brought his wife and kids on that totally meaningless trip. Canada was humiliated, and that is what sparked the scandal. In India, the Prime Minister was photographed with a known terrorist who spent time in prison and was the invited guest of our government. The Standing Committee on Public Safety and National Security had to spend a lot of time managing that file and had to meet with former national security adviser Daniel Jean.

Sometimes the government wants to rush things. The Liberals tell Canadians that they are there for them, but let's not forget what happened in the past three and a half years.

Quebeckers will not forget what the Liberals did to Davie. Today, both Liberal MPs from the Quebec City area are claiming that they awarded a $700-million contract to Davie, but the opposite is true. The PMO's first decision was to do everything it could to cancel the contract given to Davie by the Conservative government in July 2015.

The news spread. Fortunately, as a result of the pressure we applied, the government finally signed the contract. Technically, this government gave Davie the contract, but it was the Conservatives who awarded it. Let us remember that the Liberals did everything they could to cancel it. Fortunately, they failed. Had the Prime Minister succeeded, 1,000 jobs at Davie shipyard, in the Quebec City area, would have been at risk.

The Liberals are now trying to smooth things over. They are trying to find contracts so they can say that they are looking after Davie and they believe in the company. However, we must never forget what happened. Let's never forget that Vice-Admiral Norman, Commander of the Royal Canadian Navy, paid the price for the government's political games. His career was destroyed.

This unbelievable mess has been playing out for three and a half years. Now, the Liberals are asking us to support Bill C-98. They are telling us that this is very urgent, and they are asking us to help them get this done before the end of their term.

Why should I rush and cut corners, like they do all the time? Why should the NDP cut corners? Why should we agree to help the government, which does what it wants and now needs our help?

There are certain things that could be done for the benefit of Canadians, but in this case, I see no need. They waited four years to act. On October 22, the new Conservative government will be able to get this done right.

The worst part is that we actually support Bill C-98. It is an administrative measure that is consistent with our complaint handling system. We have no problem supporting it. What we do have a problem with is the government's approach. We are certainly not about to run interference for a government that has lurched from one scandal to another and has tried in various ways to hurt Quebec, my home province. As I said, we are certainly not about to cut corners to help them.

Another issue is that Bill C-98 is being introduced to allow members of the public to file complaints about services provided by the Canada Border Services Agency. As I said at the beginning of my speech, if there are any problems with our officers in the field, it is because the Prime Minister did not help the situation. He created a huge problem, and for the past two years, it has been utter chaos.

The agency does everything it possibly can to keep our borders safe. We certainly do not want to suggest that we need to pass this bill quickly so that people can file complaints against our CBSA officers. That would send the wrong message.

The message we do want to send is that there are so many problems related to officers that people need to be able to file a complaint, and if any officers are having problems, if they are having difficulty doing their jobs, it is because of this government's decisions and the way in which it is managing our country and our borders.

We are not willing to cut corners. We are not willing to concede that this is such an urgent matter that we need to cancel the committee meetings that are already under way and set aside the other bills being studied in order to fast-track this one.

There is another reason we cannot get on board with this even though we support the principle of Bill C-98. For two years, every time we asked questions about the border, they hurled every insult in the book at us. They called us racist and accused us of fearmongering. They said we slashed budgets by $300 million and blamed us for management and resource problems, but the reports my colleague found put the lie to that. Yes, there was rationalization. Yes, there were changes at CBSA under the Conservative government, but it was all at the administrative level and had no impact whatsoever on the work of front-line officers.

On the contrary, one important decision the Conservatives made at the time was to bring back land border offices. Before that, there was a night officer on duty, which is crazy when you consider the kind of danger that poses to officer safety. Now there are always at least two people at each post. The Conservatives also decided to arm customs officers.

Conservatives do not just talk about security; we take concrete steps to ensure security. The laws we passed to crack down on criminals were undone by the Liberals.

I can support the bill, but I cannot support a government that says one thing and does another, a government that attacks us for trying to earn back the esteem of Canadians, while everyone knows that the problems we are having are due to this government's mistakes and terrible decisions.

I would not want Canada Border Services Agency officers to hear that we need to pass this bill right away in order to allow people to file complaints against them when the union has not even been consulted. The union should at least have been consulted. The Liberals had four years to get their ducks in a row. They did not even bother to consult the union to say that they were moving in this direction. There was no consultation. These are the things we have a hard time understanding.

As an hon. NDP member said in his question, given the vast resources at the government's disposal, it is hard to believe that the task was simply too daunting. It is obvious that this is a simple administrative measure, and a carbon copy of the one involving the RCMP, to boot. As such, I believe this is all just political rhetoric in an attempt to once again rush through an important bill.

A few weeks before the end of the parliamentary session, the Liberals are trying to make Canadians believe that passing Bill C-98 is a national emergency, when that is not true. They did nothing for four years. There was another national emergency yesterday but now it seems to have passed. Now there is a new emergency, and this bill has to pass in a hurry so the opposition needs to be on board.

That is not going to work. There are times when we are willing to collaborate, but we will not be made fools of. There is no cause to treat the official opposition, the NDP, the Bloc Québécois or the Leader of the Green Party like fools. Let us be professional. No one can claim that this file was handled in a professional manner. It was bungled from the start.

What is more, we know very well how this works. Even if we wanted to hastily push the bill through, it still has to go through the regular legislative process and all that that entails. Bill C-93 is still being examined in committee. It is technically impossible to complete the study of the bill in committee, send it to the Senate and have it passed there in the few weeks that remain in the session. It would take until August to complete the process properly.

The government messed up in the case of Bill C-98. The Liberals were unable to get the job done properly in the time allotted. Rather than being professional, this government has been caught up in scandal after scandal. It lost a tremendous amount of time because the Prime Minister was not and is still not ready to govern. Even if we support Bill C-98, it is not so urgent that we need to skip any steps. I am asking the government to do the job properly if it wants the official opposition to co-operate.

Motion No. 167—Instruction to the Standing Committee on Public Safety

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, I rise today on a point of order related to my private member's motion, Motion No. 167. As you will recall, this motion instructed the public safety committee to conduct a thorough assessment into all the factors of the rising rates of rural crime in Canada, so action could be taken expeditiously to address and combat this public safety emergency.

The House of Commons passed this motion unanimously, with 287 yes votes and zero no votes, on May 30, 2018. Clearly, this motion has the strong support of this whole House and rural Canadians who are increasingly concerned about their personal safety.

The final line of Motion No. 167 reads, “that the Committee report its findings to the House within six months of the adoption of this motion.”

Sadly, I rise today because six months from the adoption of Motion No. 167 would have been November 30, 2018. Therefore, it is now five months past the deadline.

The committee, from what I understand, considered a draft report on December 4, 2018. According to the minutes of the committee, the next meeting to consider a draft report was March 20. No report was approved at that time. The committee did approve its agenda for the next several weeks on Monday, April 29, with no mention of Motion No. 167.

In chapter 20 of House of Commons Procedure and Practice, third edition, 2017, under the heading “Procedural Framework for Committee Activities”, it states:

First, committees are free to organize their proceedings as they see fit provided that their studies and the motions and reports they adopt comply with the orders of reference and instructions issued by the House. Second, committees may adopt procedural rules to govern their proceedings, but only to the extent the House does not prescribe anything specific. At all times, directives from procedural sources higher than parliamentary committees (the Constitution, statutes, orders of reference and instructions of the House, Standing Orders of the House of Commons, and rulings by the Speaker) take precedence over any rules a committee may adopt.

Therefore, I would submit that the House did direct the committee to conduct that assessment within six months, yet it has not provided the report within that timeline. This order originating from the House takes precedence over the other matters before the committee.

The committee has conducted 17 meetings, which happened between December 4 and April 5, 11 of those meetings being the committee's current study on cybersecurity. I mention this to highlight that the committee has not been focused on items such as legislation, which traditionally could take precedence for committee consideration, and only the last two meetings have dealt with Bill C-93.

Further, in chapter 20, under the heading of “Studies Conducted by Committees, Subject Matter Studies”, it states:

From time to time the House refers to its committees the consideration of specific matters for more in-depth study. These orders of reference may include an obligation to report and the imposition of time limits within which the committees must complete the study or report.

Therefore, I would submit that the House providing a six-month deadline for the committee to report is a limit established by the House and the committee has failed to uphold the instruction of the House.

I will close now by quickly by noting that 17 MPs did jointly second this motion. Over 200 towns, municipalities and communities endorse this motion, including thousands of Canadians across at least seven provinces.

Statistics Canada reported last week that the rural crime rate was 23% higher than in urban Canada. This remains a growing epidemic and crisis for rural families, businesses and communities across the country.

Therefore, I would request your consideration as Speaker to consider following up with this committee. I hope you will undertake to ensure that the very clear instruction of the House, through Motion No. 167, is carried out by this committee as soon as possible.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will resume debate at third reading of Bill C-82, an act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting.

Tomorrow we will resume debate at second reading of Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families.

Next Monday we will resume debate at second reading of Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

I hope I will have more to tell you tomorrow.

Expungement of Certain Cannabis-related Convictions Act

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I would like to begin by thanking my colleague from Trois-Rivières. He gave a passionate speech, although it did come a little early.

I want to thank my colleague as well, the member for Lanark—Frontenac—Kingston, for his very passionate and clear support for my initiative. I am grateful to him for the clarity and for demonstrating the very obvious distinction that the government seems to wish to gloss over between what are now called record suspensions or pardons, and the notion of expungement, which, of course, is at the heart of my bill.

As a private member's bill, members would know that I was not able to talk about the automatic expungement, because that would cost money and private members' bills are not allowed to do that. Therefore, I was left with an application process of my own. What troubles me is that the government is trying to conflate expungement and pardon as if there were no difference, and to make an argument, frankly a legally baseless argument, that expungement is somehow to be reserved, as the Liberals have chosen to do with Bill C-66, for activities that violate the charter. First of all, as I pointed out in my speech on Bill C-93 on Monday, going through a number of scholars like Professor Roach, Professor Berger and others, there is absolutely no distinction for that. More importantly, the government itself continues to acknowledge that it has no choice; it is from government records.

However, this law, which has been around since 1922, the prohibition on cannabis, has had a disproportionate impact on indigenous people and black people in particular. The government admits that, yet the Liberals are content to stand here six months after they brought in the law that made cannabis legal, in essentially the dying days of Parliament, to bring forward a half measure that likely will not get on the order book. It is something they can check off, I presume, during the campaign. Whether it gets through the Senate, the House and all of its committees before then, I have my doubts. Nevertheless, they have chosen to do this. This has an impact on real people's lives. The government acknowledges that, but the Liberals are prepared nevertheless to do this application process.

The Liberals pejoratively say that I recommended there be an army of summer students. I did no such thing. There are ways to deal with it. If it costs money and it is inconvenient, let us talk about what it means to that black person in Toronto who cannot get his or her foot on the social ladder and has to perhaps be on social assistance, or that indigenous person who cannot rent an apartment because they have a criminal record. The government will say that the Canadian Human Rights Act has an answer for that, but that is not living in the real world, as far as I can tell. It is disappointing.

With regard to the government's initiative, the welcome that it is waiving the fees and making it faster, I would characterize it as a good first step. However, it is too little and it is certainly too late. It is disappointing that we here on this, and it is disappointing that the government has not done the full measure. I was hoping that my bill could go to committee along with Bill C-93, and people of goodwill could try to find a solution which would involve expungement, and make the changes that even the government admits are necessary. However, this measure simply will not do the job.

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

Mr. Speaker, this evening's debate on Bill C-415, An Act to establish a procedure for expunging certain cannabis-related convictions, gives me the chance I have long sought to make a clear statement in the House of Commons as to the principles that underlie my long-standing views on cannabis legalization.

I have favoured the legalization of marijuana since I first sought elected office. My views on the subject were first expressed at a policy conference in 2001 and were published in Policy Options the same year, but I have always couched my arguments in practical rather than in abstract terms.

Here today, I can express my underlying belief. I believe today, as I did when I first published on the subject 18 years ago, that it is morally wrong to criminalize the personal use of any substance when the said use or misuse of that substance would cause no harm to any person other than the user himself or herself. When no person is victimized other than the person who is engaged in the act, then it is a moral evil for the state to penalize the person who engages in that act.

This principle would apply even if it were the case that none of the following were true.

The principle would apply even if it were not true, for example, that some people suffer from trauma that causes them to make impulsive choices, especially with regard to mood-altering substances. When these individuals are penalized, the law in effect singles out for punishment those who have suffered the abusive behaviour of parents or partners, or the trauma of war, or fetal alcohol syndrome, or simple brain trauma.

The principle that victimless acts should never be punishable would apply even if it were not true that some people are endowed from birth with genes such as the NRXN3 gene, which in 2011 was identified as being associated with a greater likelihood of becoming addicted, in which case the law is singling out for prosecution those who have lost the genetic lottery.

The principle would apply even if it were not true that those who have greater influence and power are far less likely to be prosecuted than an average Canadian who has committed the same offence. A case that makes this point is that of the Prime Minister's brother, Michel Trudeau, who escaped prosecution for marijuana possession 21 years ago because of the intervention of his father, who at the time was himself a former prime minister.

Here is how our current Prime Minister put this in a speech two years ago. He reported that back in 1998, his father, Pierre Trudeau:

...reached out to his friends in the legal community, got the best possible lawyer and was very confident that he was going to be able to make those charges go away,…

We were able to do that because we had resources, my dad had a couple of connections, and we were confident that my little brother wasn't going to be saddled with a criminal record for life.

The principle that no one should be punished for a victimless act would be true even if it were not the case that disadvantaged Canadians, who are statistically more likely than their fellow citizens to be caught and prosecuted and saddled with a criminal record, are far likelier to be members of social or racial groups that appear to be marginalized in other ways too. Two widely cited statistics in this regard are from Halifax, where black people have historically been five times more likely than white people to be arrested for cannabis possession; and Regina, where indigenous persons have been nine times more likely than white people to be arrested for this offence. This would appear to be the very definition of systemic racism, regardless of the proximate cause for each individual arrest.

Of course, the foregoing examples of inequity really do exist, and therefore the provision of the Criminal Code prohibiting the possession of small quantities of marijuana, which happily is now repealed, was wrong at all of these levels too.

If the underlying offence ought never to have been an offence in the first place—which is not merely what I feel but what has already been decided by Parliament when it enacted the Cannabis Act a year ago—then it stands to reason that the retention of any long-term penalty, such as a criminal record for the formerly unlawful activity, must be wrong for exactly the same reasons. That is true whether it is a charter-protected right that we are talking about or whether it is merely the practical impact on some groups that have been discriminated against in the application of the law. It is true even when that is not the issue, but simply the case that a law was fundamentally wrong.

To be clear, the retention of criminal records for persons who used marijuana when it was a criminal offence represents an ongoing injustice that ought to be remedied.

Quite frankly, a provision expunging the records of persons found guilty of possessing less than 30 grams of cannabis ought to have been included in the Cannabis Act. Why it was not, particularly given the heartfelt civil libertarian sentiment that must have been the motivation for the Prime Minister to share the story about his father and brother, remains a mystery to me.

I note that in other jurisdictions that have legalized the non-therapeutic use of cannabis, such as California and Vermont, provisions expunging the records of those convicted under the repealed statutes are a part of the repeal legislation itself. It is now too late for Canada to make a perfect copy of this enlightened example, but it is not too late for us to correct the oversight. Bill C-415 is an effective and well-designed instrument for achieving an end to this lingering injustice.

About 500,000 Canadians, which is somewhere between 1% and 2% of our adult population, have criminal records for the possession of small amounts of cannabis for personal consumption. The bill would expunge their records.

An expungement is not quite the same thing as a pardon or record suspension. It differs in a number of ways. For one thing, a pardon must be formally requested. Any person can apply for a pardon, but only after waiting for a period of not less than five years, and only upon the payment of a fee of just over $600. Expungement would be immediate and costless.

I am aware that the government recently proposed a measure of its own in an apparent effort to supersede Bill C-415. The government bill, Bill C-93, has a title that tells the entire story of what the government is proposing: an act to provide no-cost, expedited record suspension for simple possession of cannabis. In short, Bill C-93 would remove the five-year waiting period and would eliminate the $600 fee.

As far as it goes, I think this is good, and if the bill comes up for a second reading vote, I will vote for it in principle. However, Bill C-93 does not go far enough, because a record suspension is not an expungement.

Let me show members how they differ.

As everyone knows, American border control officials reserve the right to ask Canadians who are crossing the border if they have a criminal record for using marijuana. Canadians are regularly turned back at the border if the answer is yes. Everybody should know that if people answer this question untruthfully and lie to an official of the immigration service while on American soil, as people are when at a land crossing, as opposed to the Toronto or Vancouver airport, they can be arrested on the spot.

If records are expunged, but not if pardons are issued, it would be possible for people to answer truthfully, whether travelling by land or air, that they do not have a criminal record for this former offence. This is a meaningful distinction.

I hold no remit for marijuana itself. I never used it unlawfully when it was banned and I have never used it since. I care only about sensible, generous laws and about doing all that we can as lawmakers to make Canada a place where nobody is punished for actions that hurt no one else, and where no person faces long-term penalties for actions that we now think should never have been unlawful in the first place.

I congratulate the sponsor of the bill and I plan to vote in favour of his excellent proposal.