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

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Madam Speaker, I am sorry for my colleague. I will try to quickly get through my speech so that he can also add to today's debate.

I am glad to speak on behalf of the people of Sherbrooke to Bill C-93, which is part of the larger issue of cannabis legalization. It is important to ensure that those who have been sentenced for simple possession can erase that from their criminal records. Now that cannabis is legal, I think everyone agrees that we must prevent all injustices committed against those who have criminal records because of this offence.

All of my colleagues have probably talked to constituents who have criminal records. They are well aware of the barriers these Canadians face. Although it is important for those who violate the Criminal Code to face consequences, it goes without saying that, when dealing with a product that was once illegal and has since been legalized, such an injustice should be acknowledged in an effort to remove the barriers these people face every day. I think everyone agrees on the principle of the matter. It is on the way to settle this injustice that we strongly disagree with the government.

Over the years, the Government of Canada has tried a number of times to address similar injustices in different ways. The NDP would have liked to see the government address the injustice related to the simple possession of cannabis by expunging the records of those affected. That is what was done in the case of other historic injustices where the Criminal Code contained unreasonable provisions that no longer made any sense.

Those who still have a criminal record for this offence deserve to have their record expunged, or permanently deleted, so that there is no trace of their conviction and it is as though the crime was never committed. We need to recognize this historic injustice related to an offence that is no longer an offence today. Simple possession of cannabis is now completely acceptable and legal in our society.

Obviously, the NDP's approach is completely different from the one the Liberal government took in Bill C-93. The Liberal government chose to suspend such records, but the word “suspend” means something completely different than the word “expunge” when it comes to the application and effect of this measure. The government decided to suspend the criminal records of those found guilty of simple possession of cannabis, and we do not think that is enough. Obviously, this approach will not work very well and will not do justice to those affected. This shows a lack of ambition on the part of the government.

As my colleague mentioned, the government decided to do the bare minimum. The minister himself said that automatic suspension was too complicated a procedure for him. Imagine how complicated it would be for him and his department to expunge a record.

Simply put, the Liberal government lacks ambition. It should have corrected this injustice well before the final sitting days of this Parliament. It could have included this in a bill or, at the very least, in a parallel process, because one cannot happen without the other. Legalization should have included a pardon and record suspension process, even if the records should ideally be expunged. All of this should have been done when we decided to legalize cannabis, given how important an issue it is.

Clearly, the government failed and it is trying to remedy the situation and do everything it can at the last minute to satisfy the many voters affected by this, who also happen to be our constituents. I have seen some of them in Sherbrooke. Just last month, I heard testimony from someone who was interested in the issue because it affected her personally. She was disappointed by the Liberal government’s approach, which only implements a system for record suspensions, despite a very clear proposition in the form of a bill introduced by our colleague from Victoria. All the government had to do was pass it and everything would have been fine. Instead, it chose to stay the course and do the bare minimum. The government wants to do the bare minimum. Clearly, there is a lack of ambition.

I was reading a quote from a witness who said in committee that it was better than nothing. However, he also said that better than nothing was not a lot to ask from Parliament. We expect Parliament to do the best possible, to do everything in its power to make the situation the best possible, not to do the bare minimum and for it to be better than nothing. That is not what Canadians expect from us and our work. In light of the testimony heard at committee, the government's current approach is very disappointing. Despite all the evidence and witness testimony that it heard, it remains dead set on maintaining its approach and is unwilling to listen to anything or fix the situation. I am truly disappointed to have to say that I am opposing this bill since it is not the solution that should have been considered and brought forward by the Liberal government. The government got it wrong.

People who currently have a criminal record will continue to be marginalized. Even though this is free of charge, people may not have the capacity, the resources or the financial means to see the process through for getting their criminal record suspended. As I was saying before, the government decided that this would not be done automatically. The people involved will have to go through a process, file their application and maybe even submit biometric data to satisfy the many requirements related to getting a pardon or a record suspension. Marginalized people who may not even be aware of these changes are going to be left out. Some people do not read the news every morning and might not know that is available to them. If the government was truly ambitious and serious about marijuana legalization, it would have at least made this automatic, since it is not opting for expungement of criminal records, which was our preference.

I am really disappointed because I expected more. I expected a genuine desire on the government's part to correct this injustice. There is no reason why people who do not apply for a post-legalization suspension after Bill C-93 is adopted—if it is adopted—should continue to be saddled with a criminal record. The crime they committed is no longer a crime. Society accepts it now. This is a gross injustice, an injustice that will persist because the government did not take the right approach.

Some of our constituents, like the one I met back home in Sherbrooke, are still vulnerable. These are people who need a helping hand from the government. They are still outsiders, still marginalized, and they are the ones we should be helping the most.

I felt it was important to add my voice to the debate and explain why I have to vote against this bill today. The government has clearly made a bad decision and is heading in the wrong direction with this. What a huge disappointment for me and for many of my Sherbrooke constituents.

[Guy Lauzon, Conservative, Stormont—Dundas—South Glengarry, ON]

Madam Speaker, it is a pleasure for me to rise to speak to Bill C-93 this afternoon. Bill C-93 is the result of—

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

Madam Speaker, I disagree with the member across the way, which should come as no surprise. When we take a look at this legislation, much like many other pieces of legislation this government has been introducing virtually from day one, it is yet another piece of legislation that fulfills a campaign commitment that the Liberal Party made in the 2015 election.

However, I guess where we differ from the Conservative Party is that I believe, whether it is Bill C-2, which we brought in on day one of our mandate to give Canada's middle class a tax break while at the same time putting a special tax on Canada's wealthiest 1%, or Bill C-93, which we are debating today and which would allow for a pardon for individuals with convictions for simple possession of cannabis, these are all good, solid, sound pieces of legislation, and I am grateful.

The member is supporting this legislation, I understand. Would the member not agree that we should continue to look at ways in which we can pass legislation for every day that we sit. Would he agree that just because we are in the last 10 or 15 days, we do not have to stop passing legislation?

[Kelly McCauley, Conservative, Edmonton West, AB]

Madam Speaker, I will be pleased to speak to Bill C-93. However, before I do, I want to congratulate all my fellow Albertans celebrating carbon tax freedom day. I also want to thank the new provincial government in Alberta for keeping its promise, which is something my friends across the way do not know. Maybe they can wait for the translation. It kept its campaign promise to repeal that bill. I also want to take this opportunity to wish our new premier, Premier Jason Kenney, a happy birthday.

Bill C-93 is a bill basically to provide no-cost expedited record suspensions for those who received a criminal record for pot possession. It proposes to make changes to the pardon process to waive the fees for past pot possession convictions. It will assist Canadians who were criminalized for possession of pot that is now legal, waive the usual wait time and also amend other acts.

We generally support the bill, but I have to agree with my colleague from the riding of Victoria, and it is a dad joke, when he called it half-baked. We will support the bill. It is not perfect, but it is a step forward. I am sure when the Conservatives are back in power, we will take the time to fix the weaknesses in the bill.

The Conservatives at committee put through several valid amendments, which I will discuss here.

First, we put forward an amendment to allow for record suspension applications to be made through an online portal to make it easier and most cost-effective for Canadians to apply. Unfortunately, that was voted down by the Liberals.

We put forward an amendment to allow for applicants whose records had been destroyed to sign an affidavit explaining their circumstances and swearing that they were eligible. This would bring procedural fairness, which was criticized by several witnesses. It was originally passed at committee and then unfortunately defeated by the Liberals at a later stage.

We put forward an amendment to reinstate the Parole Board's power to cause inquiries to be made to determine the applicant's conduct since the day of conduct. It was unfortunately defeated by the Liberals.

We also put put forward an amendment with respect the Parole Board's power to cause inquiries with respect to any factors that may be considered in determining whether ordering the record suspension would bring the administration of justice into disrepute. That was also defeated by the Liberals at committee.

Finally, we put forward an amendment to require that the Parole Board include in its annual report a review of the success rate of this legislation and the associated costs. This actually was approved.

The Canadian Police Association put forward an amendment, which we hope the Liberals will consider. This is the police asking that the Parole Board retain limited flexibility and discretion to conduct investigations and to ensure that the small number of applications from habitual offenders, not all, are vetted. This would ensure that these individuals would not take advantage of a process that was clearly not intended for their cases.

There are some fiscal implications of the bill.

The Department of Public Safety and the Minister of Public Safety think it is around $2 million. They have not done any fulsome studies, but they guess it is around $2 million. It is funny timing for the minister to say that, basically at the same time the Senate has forced through Bill C-81, the new backdoor gun registry bill.

I want people to think back to the Liberal government years ago and Allan Rock. The government said that the gun registration would only be $2 million. It ended up well over a billion. It ended up costing Canadian taxpayers about $1.3 billion. Of course, with this massive spending oversight, what did the Liberal government do? Much like it does today with all its other mistakes, errors and incompetence. It blames someone else. It blames the provinces and the gun owners themselves.

[Member spoke in Latin and provided the following translation:]

Beware of Greeks bearing gifts.

[Member spoke in Latin and provided the following translation:]

Beware of Liberals promising just $2 million costs.

[English]

The government apparently has not done a proper study on the costs or timelines. The fee previously was $631, which I understand had been moved up previously in 2012, on advice of bureaucrats who said that was the general cost of arranging the cost of the suspension. Now the government is saying it expects it to be $250. Where did $250 to the penny come from? We do not know because they have not done their homework on it.

It is currently five to 10 years to get the suspension, but the public safety minister said he could not offer a timeline as to when that would happen. He said that the critical point was not the cost or the actual timeline to help Canadians; it was getting the bill tabled. It was not the actual results helping Canadians, but it was the announcement of getting this bill tabled.

I have to ask, why now? The government has also said this is fundamental transformation. If it is critical and a fundamental transformation, I have to ask why the government waited until the final three weeks to put the bill through. Obviously it has been rushed through for political reasons.

I have looked at the departmental plans, and remember these are the plans that the minister signs and that are tabled in the House. This is not just nominal propaganda; these are actual documents tabled in the House, showing the government's plans for its departments.

These are the Liberals' targets for this year. The percentage of record suspensions that are processed within an established time frame is 95%, but the Minister of Public Safety says there is no time frame. Why would they commit to a target of 95%, table these numbers in the House and at the same time tell Canadians they do not know where they are going to help. I do not know if they do not have a clue, do not know what they are doing with their departmental plans or are just being disingenuous.

I also note that the departmental plans for 2018-19 for the Parole Board go out three years. When we factor in just 2% inflation, they are cutting 8.6% of the Parole Board's spending. This is in the Parole Board's departmental plans. These are actual plans, submitted in the House for long-range forecasts, which show they are cutting 8.6% of Parole Board funding.

When the member for Yellowhead submitted an amendment at committee, suggesting that people be able to apply online for this, members were told by the Parole Board that it could not offer it because of technical limitations. Apparently they do not have enough money to develop the technology, but at the same time we are going to allow this new process with up to 250,000 Canadians applying.

When we look at the Parole Board's departmental plans, which are also required to show labour going forward, they have not added a single body from the 2016-17 year. From last year to next year, they added five bodies. They are going to process perhaps up to 250,000 of these suspensions with no extra labour. Why do they think they can do all this extra work without providing extra bodies and while at the same time cutting 8.6% from the Parole Board budget going forward?

If getting it tabled is as critical as the minister says, and if it is so transformational, why has the government not provided for long-term funding in the departmental plans? It is not even mentioned in the public safety minister's own departmental plan. I remind members that all the pardons for the unjust criminalization of same-sex activities will be going through at the same time, yet with no extra bodies.

This is right from the Parole Board's departmental plan, signed off by the Minister of Public Safety. It says the volume of applications forecasted to be received this year or next year remains the same. We have all the applications from the unjust criminalization of those in same-sex activities all those years ago and potentially 250,000 Canadians who can receive a pardon for pot possession. The government has provided no extra resources and no extra staff, and has actually said there is not going to be any increase in applications over the previous year.

Again, I have to wonder how seriously the Liberal members are taking this. They say it is transformational and critical, but like so many other things, they leave it until the last second and rush it through. Are they pushing it through solely for their political agenda and for political reasons? The evidence shows they are. If they actually really cared about Canadians, they would have tabled this legislation at the same time they legalized pot. They would have taken the time to perhaps consider the other amendments put through by our party, the NDP or law enforcement members.

While we support the bill, it is another example of lazy legislation by the government.

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

Madam Speaker, we hear members on the opposition benches say that we have 17 or 18 days left to go. From day one, this government introduced Bill C-2 that gave a tax break to Canada's middle class and put an extra tax on the wealthiest 1%. Today, we are debating Bill C-93 that will have a profoundly positive impact on Canadians.

Would the member not agree that the number of sitting days left does not matter, that if we are afforded the opportunity to do good work for Canadians by passing legislation that will make a difference in their lives, we should all support and encourage that?

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

Madam Speaker, I thank my colleague for his speech.

An issue was raised when we studied the bill at committee. I understand that the Conservatives are opposed to expungement. Although I do not necessarily agree with their reasons, I do understand them.

Having said that, we, at least the members of the Standing Committee on Public Safety and National Security, agree with them about one thing, namely that we heard a lot about an automatic mechanism. As things currently stand, in Bill C-93 and in the record suspension system itself, the burden rests with citizens.

Under normal circumstances, we can understand that it is up to citizens to obtain all the documents and pay other fees that are not necessarily in the federal government's control, but that must be paid to obtain certain documents. However, in a situation like this, which is meant to address an act that is now legal, it is rather unfair.

If I am not mistaken, his colleague from Yellowhead spoke at committee about the example of San Francisco, which is using artificial intelligence software to locate files.

Does my colleague agree that the government could have worked harder to implement an automatic process instead of making people run all over the place to obtain documents that are currently not well managed?

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, it gives me great pleasure to rise today to speak to Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis. I will be sharing my time with the member for Edmonton West.

I want to start by stating unequivocally that the Conservative Party and our Conservative leader have stated unequivocally that they have no intention of reopening or again making marijuana possession illegal. That train has left the station.

What we will be doing with respect to Bill C-45 is making corrections to the bill. Obviously, the legislation was enacted last year, and it has been several months since then. I remember saying at the time that although I did not support the bill for several reasons that I stated publicly, I had concerns with respect to issues at the border.

There were also issues that I thought were hypocritical within the bill, namely, with respect to possession of cannabis by young people in this country. I was also concerned that the police were not ready for the legislation to come out given the tools they needed for enforcement of the legislation's drug-impaired driving provisions. I have talked to a lot of young people in my riding, and I still have concerns about the broader issue of the effects of marijuana as gateway drug that could lead to other drugs.

Those concerns are still valid. They still exist. However, again, this is the law of the land now, and there is no changing that. It is certainly my intent to make sure that we do not roll back the clock on this piece of legislation and that it continues.

I will also say that in the year and a bit that I was critic for veterans affairs, I really came to understand the effects of marijuana on individuals and families, and how it has helped move people away from opioid use to marijuana use. I heard many times at the veterans affairs committee and as I crossed the country to speak to veterans and their families that opioids suppressed a lot of emotion and feelings among our veterans, but when they were able to switch to marijuana, it really helped open things up. There was less paranoia from marijuana than opioids. They were able to function socially. There were other functions that became a reality to these families, as well. I became a big proponent of medical marijuana for our veterans in my time as critic for veterans affairs.

I will also say that within my family, marijuana has become important for my cousin who suffers from epilepsy. There was a time when he was smoking medicinal marijuana, and it was helping him with respect to his seizures. He was seeing fewer of them.

Those experiences really caused me to rethink my position, particularly on the issue of medical marijuana. I am strong supporter and proponent of it. As I said earlier, it is not our intention to roll back this legislation. The toothpaste has left the tube, and we are not going to put it back in.

The legislation before us today is important, as well. Those who have been charged with simple possession are really being penalized. In my office, over the course of the last three-plus years I have been a member of Parliament, I have had members of the public come to talk to me about the impact that a simple possession charge has had on their life. They are unable to cross the border, for example, and there is the cost of having the charge suspended, and there is the impact of the charge on employment.

As the legislation stands, I am prepared to support it. However, I also understand there are flaws with it. Quite frankly, in many pieces of legislation introduced over the years by the Liberals, flaws have happened regularly. That is why the legislation went to committee.

Not only were there several amendments put forward by the Conservative side, some of which were rejected, some amendments were brought forward recently. At the end of the day, we are trying to ensure we get legislation in place that works for Canadians. There has been some concern with respect to this legislation.

By way of background, the bill proposes to make changes to the pardon process and waive the fee for Canadians with a past conviction for pot possession. For the people I dealt with, in several cases the fee was quite cumbersome. In many cases, they were low-income Canadians and members in my riding who simply could not afford to pay the fee. Therefore, that fee will be waived for a past conviction of pot possession.

The legislation was introduced in October 2018. The bill seeks to assist Canadians who were criminalized for something that is now legal, without that individual having to wait the usual time to pay the fee otherwise associated with a record suspension. The fact it is now legal is an important element of the legislation. Therefore, those who have a simple possession charge should be allowed to have an expedited record suspension.

Typically, offenders must wait five to 10 years, depending on the type of conviction, after they have served the sentence. The cost of applying is $631. The legislation would amend the Criminal Records Act and references the Controlled Drugs and Substances Act, the Narcotic Control Regulations and the National Defence Act.

As I said, as the bill went through committee, several concerns were highlighted. In particular, the Canadian Police Association was a witness. It suggested two amendments, calling for the Parole Board to retain limited flexibility and discretion to conduct investigations and to ensure the small number of applications from habitual offenders would be vetted. It would ensure that these individuals would not take advantage of a process that was clearly not intended for their case. That important amendment was put forward by the Canadian Police Association.

It also talked about restoring the Parole Board's power to make inquiries to determine the applicant's conduct since the date of conviction. That was an important aspect. Oftentimes, the behaviour and conduct of an individual can change quite rapidly and what was once simple possession, could manifest itself into other areas of criminal activity. The Parole Board, in the view of not just the police association but certainly the members on our side, needed to have that discretion and information available to it to determine further penalties or justification if required.

Of some of the notable amendments introduced to this bill, this one did pass. It allows for individuals to apply for a record suspension under the legislation, even with outstanding fines. This would add a financial burden due to loss of income. It also sets an unwanted precedent regarding the seriousness of the payment of the fines.

One amendment that was defeated was put forward by our colleagues on the Conservative side. It would have allowed for record suspension applications to be made through an online portal. With technology the way it is today, everything is moving to the digital age. We felt it was important to do that.

In wrapping up, we are going to support the bill at this stage, with some trepidation and concern, to ensure those Canadians with minor offences are able to get what they need out of the legislation.

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

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.

Motions in Amendment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hospitals are becoming increasingly concerned.

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

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

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

The article continues:

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

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

I will continue:

Impact also felt at Sainte-Justine

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

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

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

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

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

We stated that when debating Bill C-45.

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

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

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

Alarming statistics

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

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

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

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

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

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

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

[Ed Fast, Conservative, Abbotsford, BC]

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

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

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

[Ed Fast, Conservative, Abbotsford, BC]

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

Let me get back to the legislation at hand.

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

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

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