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

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Madam Speaker, I will be splitting my time with the hon. member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix.

I rise today to speak to Bill C-93, an act that would provide the possibility of a record suspension for individuals convicted of possession of a minor amount of marijuana, the type of possession that is perfectly legal today.

While the legislation is better than nothing, I believe it falls far short of what is required and fair and just.

Allow me to say at the outset that I opposed the legalization of marijuana. I spoke against legalization and voted against it at all stages in this Parliament. However, I also said that elections have consequences. During the last election, the now Prime Minister committed to legalizing marijuana if the Liberals were elected. In the end, enough Canadians voted Liberal to give the Liberals 184 seats, allowing them to form a government.

It was therefore not a surprise when the government moved ahead with legalization. One might say that they were keeping an election promise. One might also say that this is about the only election promise that the government fulfilled, but I digress.

Some might ask why I, who opposed the legalization of marijuana, believe that the legislation falls short of what is required and what is fair and just. The simple answer is that I believe it is fundamentally unjust for Canadians to be burdened with a criminal record for an activity that is perfectly legal today.

The impact a criminal record can have on individuals is not an academic issue. A criminal record has a profound impact on individuals' lives and people's ability to get on with their lives. There is a profound stigma attached to a criminal record, one that can impact a person's ability to obtain employment or obtain housing and even to volunteer on a children's soccer team or hockey team or in the broader community.

It is within that context that I believe it is fair and just that individuals burdened with a criminal record for an activity that today, as a result of a policy choice made by the government, is perfectly legal should have that burden lifted from them.

However, that is not what Bill C-93 does. It does not provide for an amnesty and it does not provide for an expungement; all Bill C-93 does is suspend the record. In other words, the records go from CPIC into another place, but it always remains. The record never goes away.

Indeed, a suspension could be revoked if an individual is convicted of a future offence under the Criminal Code or the Controlled Drugs and Substances Act. It could be revoked at the discretion of the Parole Board if the board determines that an individual is no longer a person of good character.

The Minister of Public Safety has broad statutory authority to disclose that record when the minister deems it to be in the interests of the administration of justice or when the minister deems it to be in the interest of public safety of Canada or a country allied with Canada.

Bill C-93 would impose a burden on the applicant to obtain a suspension. Why should someone have the burden of obtaining a suspension for an activity that is perfectly legal today, an activity the government itself made perfectly legal? How is that fair? How is that just?

Bill C-93 would require an individual to complete their sentence before they would be eligible to apply for a record suspension. Again, why? Why should someone have to complete a prison term or a lengthy period of probation or pay a fine for an offence that is perfectly legal today? How is that fair? How is that just?

Bill C-93 would render ineligible any individual who has been convicted of a minor possession offence plus any other offence, which would appear to include administration of justice offences that arose from the initial laying of the minor possession offence.

Now, do not get me wrong. I am not suggesting that individuals who are convicted of other offences should be pardoned or have those records expunged. My only point is that I do not see a connection between being convicted of other offences and an offence consisting of an activity that is perfectly legal.

I can tell members from a practical standpoint what this provision would mean in terms of the ability of Canadians to obtain a record suspension. There are approximately 500,000 Canadians who have a criminal record for minor possession. According to figures from the Department of Public Safety, this provision would remove literally half of Canadians from being eligible to apply, bringing the number down to 250,000 people.

Therefore, instead of providing for a mere suspension and instead of imposing a burden on the applicant to apply and instead of requiring someone to complete a sentence for an activity that is perfectly legal today, what the government should be doing is moving forward with expungement. Those records relating to minor possession should be removed from CPIC. They should be removed from all government databases. They should be deleted. They should be made history.

Do not tell me that this cannot be done. It has been done in other jurisdictions. Indeed, of the 23 U.S. states that have either legalized or decriminalized minor possession, seven states provide for some sort of pardon or amnesty, and six of those seven provide for expungement.

Instead, we are left with a poorly thought-out half measure that in the end will leave the vast majority of Canadians who have records for minor possession with those criminal records intact. The bill falls far short of what is required.

[Doug Eyolfson, Liberal, Charleswood—St. James—Assiniboia—Headingley, MB]

Madam Speaker, it is an honour to rise at the second reading of Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

During the last election, we committed to legalizing and regulating cannabis, and legislation doing exactly that took effect last fall. As a member of the Standing Committee on Health, I am proud to have been part of the committee's review of the Cannabis Act. We now have a regulated system that keeps cannabis out of the hands of youth and profits out of the hands of criminals.

At that time, the government signalled that it would turn its attention to dealing with the criminal records created under the old regime. We now have before us Bill C-93, legislation that would make it easier for individuals who have been previously convicted only of simple possession of cannabis to have their records cleared.

Bill C-93 proposes an expedited process for receiving a pardon, which is also known as a record suspension. The usual $631 application fee would be waived, as would the usual waiting period, which can be as long as 10 years. The bill would reduce barriers to full participation in society for these individuals. It would allow them greater access to job opportunities, educational programs, housing and even the ability to simply volunteer in their communities. It would make things more fair. It would enhance public safety by allowing people to reintegrate into society. It would fulfill an important commitment to Canadians in delivering on this new regime.

This is the first time in history that both the application fee and wait period for a pardon would be waived. This unprecedented measure is a strong statement, recognizing that convictions for simple possession of cannabis have resulted in hardship for many Canadians and that certain populations, including members of black and indigenous communities, have been disproportionately affected.

For my part today, I would like to delve a little deeper into the nuts and bolts of the legislation. To begin with, Bill C-93 proposes to amend the Criminal Records Act. It would waive the fee, waiting period and certain subjective criteria for people convicted only of simple possession of cannabis under one of three acts: the Controlled Drugs and Substances Act; the Narcotic Control Act, which existed until the 1990s; and the National Defence Act.

Eligibility would not be based on the amount possessed but rather on the purpose. People would be eligible if possession were for personal use only. People would not be eligible if there were any trafficking or production involved. In order to qualify for the waived wait period, an applicant would have to demonstrate to the Parole Board of Canada some basic facts: first, that the substance they possessed was cannabis; second, that their sentence was completed; and third, that the conviction was only for possession for personal use. To do so, applicants would provide standard police and court documents. The Parole Board would be available to help people through the process by email or phone.

As a way of further expediting the process, the decision to grant a pardon would not be discretionary. Usually, a Parole Board member assesses pardon applications to decide whether an applicant has been of good conduct and whether a pardon would give them some measurable benefit. Discretion based on subjective criteria would not apply here. Instead, the Parole Board would be required to issue a pardon, as long as people are eligible and have completed their sentences. There would be nothing else to consider. The application would therefore be processed much more quickly by Parole Board staff.

Once a pardon is ordered, the Parole Board would notify the RCMP to have the records sequestered in the national repository of criminal records. Once that is done, the RCMP would notify other federal agencies, and the Parole Board would alert provincial, territorial and municipal partners. For instance, it would mean that a criminal record check by a prospective employer or landlord would come up empty. As well, the records could only be disclosed or reinstated in exceptional circumstances. In practice, for cannabis possession, the only likely scenario in which anyone would ever see a record again would be if they commit a new criminal offence.

Bill C-93 would fulfill our commitment to creating a simplified process for people with convictions for cannabis possession to shed their criminal records, along with the associated burdens and stigma.

Work is also continuing on broader pardons reform, informed by consultations held by the Parole Board and Public Safety Canada as well as a recent study by the Standing Committee on Public Safety and National Security.

That study, initiated by the member for Saint John—Rothesay, led to thoughtful and unanimous recommendations calling for pardons to become more accessible, not just for cannabis possession but across the board. I am glad that Parliament has been seized with that issue and I look forward to progress on that front.

For the moment, though, we have an opportunity to move forward right now with the targeted recourse in Bill C-93. As I have noted, this further enhances public safety by reducing the barriers to reintegration associated with a criminal record.

Many Canadians are stuck with a criminal record for activity that is no longer considered a crime. It is about time we make things fairer for those Canadians who have been living crime-free. That is why I offer my full support to Bill C-93. I encourage all my colleagues to do the right thing and join me in making sure this bill moves forward.

[Nathaniel Erskine-Smith, Liberal, Beaches—East York, ON]

Madam Speaker, I trust that after hearing all the evidence, the member is now supportive of the legalization of a substance that is significantly less harmful than alcohol. If not, perhaps he might explain why we should treat the two substances so very differently.

Now that it is legal, the only thing I will say is that I agree, in part. I do not think that Bill C-93 is a failure to move forward in the right direction. Rather, I think it is a significant move forward in the right direction. It simply is not going far enough.

We see other jurisdictions, California being one of them, moving forward with expungement and then our own government says, well, it is technically somewhat complicated. If another jurisdiction can get it done in the interests of justice, we should do the same.

[Nathaniel Erskine-Smith, Liberal, Beaches—East York, ON]

Madam Speaker, I will be splitting my time with the member for Charleswood—St. James—Assiniboia—Headingley.

Colleagues, 50 years ago, the imminent astronomer Carl Sagan wrote an article under the pseudonym Mr. X. He wrote about cannabis, noting that “the illegality of cannabis is outrageous”. He said, on legalization specifically, “I hope that time isn’t too distant”.

That was 50 years ago.

I am going to start by commending and recognizing the progress we have made. If someone had asked me five or 10 years ago whether I would see cannabis legalized in my lifetime, I would have been incredibly skeptical, yet in October of last year, that is exactly what the government did, following through on a significant promise to treat it as a public health issue but also to treat Canadians as the responsible adults we are.

I will support Bill C-93. It would waive the five-year waiting period. It would waive the $631 fee.

The Minister of Border Security and Organized Crime Reduction has noted that as many as 400,000 Canadians have criminal records for simple possession of cannabis. That is something we ought to correct as much as possible, because we know the impact of a criminal record on one's ability to secure housing, employment and ability to travel.

I will be supporting Bill C-93, but that, to me, is obvious and straightforward. I also think the bill ought to go further, and I hope to see the committee make amendments so that it does.

First, Canadians and colleagues should understand the difference between a pardon and an expungement. According to the Parole Board of Canada, the purpose of a record suspension or a pardon is to remove barriers to reintegration that can be associated with a criminal record. The idea is that we say, “You are forgiven. Move on with your life.” With respect to expungement, the government recognizes that the conviction was for an act that should never have been a crime at all and that these individuals should not be viewed as former offenders. Instead, we say, “We are sorry. We made a mistake. We should never have done this in the first place.”

With respect to cannabis possession, and we are not talking about trafficking, it is straightforward that we never should have made this a crime in the first place and that expungement is the proper answer.

The government has made technical arguments with respect to travel. I trust that the committee will address those. There is no difference at the American border with respect to a pardon or an expungement. In the hands of the American officers, they enforce their laws as they see fit. We should be concerned with our domestic laws.

I will say this. If we can help people move forward with their lives in a more significant way, we should seize the opportunity. An expungement will help Canadians who are impacted by a criminal record more so than a pardon would.

Again, just as a clarifying note on the difference between a pardon and expungement, this really hits home when we see the great differences between governments. We are seeing this in Ontario right now, where the pendulum is swinging so incredibly hard in the opposite direction. A different government could actually restore records when people have been pardoned. The records are simply set aside. A different government could never restore criminal records if they were properly deleted through the expungement process.

I commend the member from Victoria for putting Bill C-415 forward, but I would also note that this is grassroots Liberal policy. I am going to read a resolution from the 2012 Liberal biennial convention put forward by the Young Liberals of Canada and supported by over 80% of grassroots Liberals at the time:

Be it further resolved that a new Liberal government will extend amnesty to all Canadians previously convicted of simple and minimal marijuana possession, and ensure the elimination of all criminal records related thereto;

If we want to be consistent with our legalization promise that tracks back to this resolution, amnesty is the answer.

Most significantly, the most important argument is that we have to correct an injustice. The criminalization of cannabis was a racial injustice in original purpose and current effect.

I want to read a direct quote from Harry Anslinger, America's first drug czar. It is not a positive quote. It is an offensive quote. He warned that “Reefer makes darkies think they're as good as white men.”

Here in Canada, Emily Murphy, one of the Famous Five, an otherwise celebrated women's rights activist, led a temperance movement grounded in the belief that “aliens of colour” used drugs to corrupt the white race.

If we look at the modern application of these laws, we see a Toronto Star investigation from 2017 which found that black people with no criminal record were three times more likely to be arrested for cannabis than white people. That was in 2017. There was a vice investigation subsequently that made access to information requests to police agencies across the country. It found, for example, in Regina, that indigenous people represented 41% of cannabis arrests in 2015 and 2016, but they were only 9.3% of the total population.

We see the Federation of Black Canadians and the Canadian Association of Black Lawyers stand up in support of going further for amnesty. They are doing so because it was a racial injustice. The government argues that the injustice was in the application of the law; it was not inherent in the law. However, for anyone who understands how we interpret our constitutional law and how we might find a law unconstitutional, we consider the purpose of the law, but we also consider the effect of the law. So too with respect to expungement, it is not only if it is inherently an injustice, but also if it is an applied injustice.

It is arguable whether the original purpose, as I have noted, ought not to be considered as well when we talk about the injustice. I would argue that this was inherently an injustice. I read the Le Dain commission in 1970, which said, “There can be no doubt that Canada’s drug laws were for a long time primarily associated in the minds of its legislators and the public with general attitudes and policy towards persons of Asiatic origin.”

The point is this. We fear different drugs today because we used to fear different people.

The last point I want to make is that if we set aside the most important arguments with respect to racial injustice and we consider basic common sense, almost half of Canadians have self-reported using cannabis in their lifetime. Are half of Canadians criminals? When cannabis is less harmful than the six-pack that people take to a party or a mickey of vodka, should people who possess cannabis, again not traffickers, ever be thought of as criminals? The obvious answer is no, in the same way that I do not think if people take a six-pack to a party they are criminals. In taking a less harmful substance, they ought not to be considered criminals, and we as legislators should cure that. We have the capacity to cure it. We could cure that simply by improving the law before us.

The simple question that we all have to answer is whether the conduct in question is deserving of a criminal record. Demonstrably, the answer is no. It never should have been illegal in the first place.

I support Bill C-93 for moving in the right direction, but we should do what is right when we have the opportunity. We should correct this injustice.

The House resumed from April 8 consideration of the motion that Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, be read the second time and referred to a committee.

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.

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

The other thing I was wondering is it looks as if it goes to members of the Parole Board, as opposed to the administrative process of Bill C-93.

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

Thank you for setting out what you saw as the basis of some of your concerns about this bill.

One of my first questions—because I asked this in the last panel—is: looking at Bill C-93, would it be an improvement to this bill if we removed the requirement that a person pay any outstanding fine to qualify?

[Solomon Friedman, Criminal Defence Lawyer, As an Individual]

Good afternoon, Mr. Chair and committee members.

Thank you for inviting me to address you today on the subject of Bill C-93.

First, let's start with the positive. The philosophy behind this proposed legislation is sound. It is fundamentally unjust for individuals to suffer under the continued stigma of a criminal record for conduct that is no longer illegal.

As we are all well aware, a criminal record is indeed a significant barrier to success in our society. It compromises a person's ability to obtain employment, education, housing, financing, volunteer opportunities and travel. These are all roadblocks, individually and cumulatively, to a person's ability to integrate into society, contribute positively to the larger community and lead a productive, prosocial life.

The injustice of maintaining the criminal convictions for individuals previously convicted for simple possession of cannabis is further compounded when we examine the uneven and discriminatory effect of the criminalization of cannabis on already marginalized groups in Canada. In Toronto, for example, where black people make up 8% of the population, they account for 25% of all persons charged with possession of marijuana between 2003 and 2013. The same is true with respect to indigenous persons. Take Regina, Saskatchewan, where 9% of residents are indigenous but were 41% of all persons charged with cannabis possession.

Historically, these offences have disproportionately impacted the most vulnerable in our society: the poor, the marginalized, the mentally ill, the racialized and indigenous people. If the statistics aren't enough, I can tell you from the unfortunately steady stream of clients through my office that those charged with simple possession of marijuana share these traits. They generally derive from marginalized groups and, in a cruel twist of irony, these criminal convictions themselves further marginalize those same groups, perpetuating a cycle of criminalization, stigma and inequality.

Bill C-93 undoubtedly comes from a good place, and the government should be applauded for that. However, while well intentioned and a positive first step—there's always a “however”, especially when you bring in a lawyer—it remains, in my respectful view, deeply flawed. I will address each of these flaws in turn.

First, the bill requires that affected individuals apply to the Parole Board of Canada for a record suspension. This requires that a formal application be filled out and sent into the Parole Board for review. While the bill explicitly provides that no fee is payable for this particular application, unlike the ordinary record suspension fee, I suspect that for many Canadians this process will not be free.

There are numerous companies that for a significant fee will, quote, “assist” individuals in completing record suspension applications. In fact, as of today, the top ad under the Google search results for “cannabis pardon Canada” was a for-profit website offering their services for the low monthly price of $72 and $116 per month if expedited. To be clear, that is a monthly price on a 16-month payment plan. Who do you think this website is targeting to pay $72 or $116 per month on a 16-month payment plan?

We're talking about the low, low price of somewhere between $1,152 and $1,856, and that, of course, is irrespective of whether or not the government charges a fee for these applications. Recall that persons most likely affected by these criminal records are those already at the margins of society: people who have faced systemic barriers to success in education, employment and elsewhere. This bill, intentionally or otherwise, may serve as a barrier for people to obtain the very benefits it purports to offer.

Surely, in our age of electronic data, these records of criminal convictions for simple possession of cannabis can be proactively located by the Parole Board of Canada and identified for whatever action is ultimately legislated, be it record suspension expungement or otherwise. The burden, in my view, should be on government to rectify these records. While for those of us in this room the prospect of completing a government application may not be particularly daunting, it might be near impossible to those facing financial, educational, mental health or other challenges.

Second, Bill C-93 requires that individuals have completed their sentence prior to applying for a record suspension. Why? Why should an individual continue to be penalized, whether it is by a real jail sentence, a conditional sentence, probation conditions or otherwise, for conduct that is no longer illegal?

Why should an individual have to await the expiry of a lengthy term of probation for an offence that no longer exists under our law?

In my view, the injustice created by these criminal convictions should be addressed immediately, without waiting for expiration of any sentence, whether it is a prescribed period of probation, payment of a fine or some other sanction. And if you're too poor to pay your fine, well, you can never complete your sentence and you can never apply for this record suspension.

Third, I turn to the most fundamental issue of all with respect to Bill C-93: the very nature of the record suspensions mechanism. A record suspension is exactly what it sounds like. It is not a pardon; those don't exist anymore. It is not amnesty or expungement. It is a statutory process whereby the record of an offence is “suspended”, that is, “kept separate and apart from other criminal records”. A record suspension can be revoked. This happens automatically upon the commission of virtually all Criminal Code or controlled drugs and substances offences.

But it is broader than that. A record suspension may be revoked if the board is satisfied that the person “is no longer of good conduct”. Let me give you real-life examples of individuals I have assisted who have been served with applications from the Parole Board to revoke their record suspension: people who have been the subject of numerous police checks, intelligence, or otherwise, or have received highway traffic offences such as careless driving. They were found to no longer be of good conduct. Now, I am happy to say we successfully defended those applications to revoke the record suspension.

But there you are. This will be hanging over your head for the rest of your life. Moreover the minister retains the discretion to approve the disclosure of such a record where he or she is satisfied that disclosure is “in the interests of the administration of justice or for any purpose related to the safety or security of Canada or any state allied or associated with Canada.”

I can think of a state allied or associated with Canada that might be very interested in the otherwise criminal records of individuals convicted for the simple possession of cannabis.

In other words, the offence always hangs over the individual's head, record suspension notwithstanding. Most importantly, unlike expungement which requires notification to the RCMP and all other federal agencies to destroy all records to which the expungement order relates, there is no such broad requirement for a record suspension.

In review, the proposed application is itself a barrier to access, particularly for an already marginalized population. The bill requires individuals to complete their sentences before applying. In my respectful view, this is illogical, counterproductive and unnecessary. The record suspension is not a deletion of the conviction record itself; it is a suspension, a temporary suspension, one that can be revived by either administrative or statutory process.

What, then, is the alternative?

I should first note that Bill C-93 is better than nothing. But better than nothing is a mighty low bar for our Parliament. You can do better. You must do better. Instead, I would urge a scheme of expungement along the lines already provided for in the Expungement of Historically Unjust Convictions Act. The record of these convictions for the simple possession of cannabis should be expunged permanently and automatically.

In this regard, I would propose a private member's bill, Bill C-415, sponsored by Mr. Murray Rankin and introduced last October. It comes much closer to the goal of achieving true justice and relieving the disproportionate criminalization and stigmatization for those convicted of a now legal act of simple possession of cannabis.

The government has maintained in its backgrounder to this bill that expungement is only appropriate “where the criminalization of the activity in question and the law never should have existed, such as in cases where it violated the Charter.”

While the first clause of that requirement is debatable when it comes to cannabis. I can tell you as a criminal defence lawyer that the criminal prohibition of cannabis has caused much more harm than good. There is no doubt that the disproportionate application of the law violates the charter guarantee of equality and runs contrary to our most fundamental constitutional values.

It is a historical wrong that ought to be redressed. Parliament can do so via the remedy of expungement. I would urge you to do exactly that.

Thank you very much for your kind attention.

[Annamaria Enenajor]

That's because it eliminates the requirement that you demonstrate good conduct and it eliminates the requirement that you have to show a measurable benefit that the pardon will give to you. They're all qualitative aspects. Often people obtain counsel to help them do that, because you're presenting a case for yourself. It's not really just running around a courthouse trying to find specific documents and putting in your fingerprints. You're making an argument for yourself. The discretionary element is no longer there in Bill C-93.

[Annamaria Enenajor]

I think your instincts are correct. Even today, the largest number of applications for pardons.... The process that you describe, which is the Bill C-93 process, is better and less onerous than the process we currently have for record suspension.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

The way the government has looked at Bill C-93 is that there's still a requirement for the department to go and verify through fingerprints and the actual record, not just CPIC. It's not as simple as hitting a button and removing it off CPIC. Now you can do that on the database that contains the actual criminal record.

But that's a different story. I want to ask you specifically about the fact that right now, the process from the department's perspective is to try to do it inexpensively from.... It's free for an applicant. It's not free for the department. They figure it will cost a couple of hundred dollars per person if their numbers are accurate in terms of the number of people who are going to be applying. I still have questions as to how well that might be done. If I'm applying for a record suspension because of a minor possession of marijuana, the onus is on me to go to “a” jurisdiction; it's not multiple but one conviction. That's all I'm allowed to deal with.

[Annamaria Enenajor]

I actually thought there was no relationship between the presence of an outstanding fine and eligibility for Bill C-93, so I'm—

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

That would be wonderful. I'd appreciate that, if you'd be able to send in what you would propose as a draft.

The other question that has been on my mind is when we'd looked at record suspensions previously with a motion—I think it was M-161—one of the witnesses mentioned that one of the largest barriers was outstanding fines. The time didn't start clicking for a lot of people because of it.

Here, the time isn't a factor anymore under this bill, but my understanding is that you can't qualify under Bill C-93 if you still have outstanding fines. How do you feel about that piece, about the outstanding fines? Would it be helpful if people were not required to pay their outstanding fines to qualify for the pardon or record suspension?

[Annamaria Enenajor]

It's for the same reason that we have Bill C-93 proposed, as opposed to just the Criminal Records Act. There's a specific mischief that the government is responding to, which is a historical injustice, in my submission. The government has recognized that there's a history of disproportionate impact of cannabis convictions, of cannabis prohibition and enforcement of this law, on specific people in Canada. That's why the government is implementing, in addition to what it already has.... It's saying let's do something a little bit more. They're saying that little bit more is that they're going to remove the fee associated with it and remove the waiting period. They're not recreating the wheel, but responding to a specific mischief.

What I'm proposing is also a response to that specific mischief, but my suggestions are going a bit further. There is room to construct something where there is a unique mischief that the government is responding to, particularly when it pertains to historical injustice that will result in people losing faith and confidence in our justice system because it doesn't treat people fairly.

In terms of recreating the wheel, there are currently approximately 23 states in the United States that have either decriminalized or legalized cannabis, and of those 23, seven implemented some kind of measure for expungement or pardons or amnesty for cannabis-related offences, and of those seven, six are expungements.

In the United States, it is standard pro forma to approach things by way of expungement. The United States will understand that language better than they would understand a pardon, because it means something different in the United States. A presidential or a congressional pardon is something different from what we call a pardon.