Thank you, Mr. Chair.
My name is Rob Cunningham. I'm a lawyer and Senior Policy Analyst at the Canadian Cancer Society.
I'm a lawyer specializing in tobacco legislation, and I have been involved in tobacco control for more than 20 years. Before turning to Bill C-6, I want to note with appreciation the motion unanimously adopted earlier today by the House of Commons urging action on tobacco contraband. Thank you to Ms. Wasylycia-Leis for sponsoring the motion, and to all parties for their support.
The Canadian Cancer Society recommends that Bill C-6 be amended to remove the permanent exclusion for tobacco products. The proposed amendment is short and simple but very important. Tobacco products cause more damage to public health than any other consumer product, killing 37,000 Canadians per year. It makes no sense that Bill C-6, in subclause 4(2), would permanently exclude tobacco products under virtually all circumstances from any of the bill's provisions.
I say respectfully that the current approach to tobacco in the bill is incoherent. Perhaps I could invite members to turn to our written brief circulated to you. In tab 1 you see schedule 1 of the bill. This schedule lists products for which there are separate statutes that regulate those products and are thus exempt from the bill. This includes explosives, cosmetics, prescription drugs, drugs, food, pesticides, and so on. However, clause 36 of the bill would allow a regulation to amend the schedule so that all or part of the act could apply to one of these products listed here--explosives or pesticides--should the need arise, should it be advisable in the public interest.
If you turn to tab 2, tobacco, the most damaging consumer product, is treated differently. You see highlighted there in subclause 4(2) a permanent exclusion that can never be modified by regulation. Our recommendation is to move the tobacco exemption from subclause 4(2) and put it in schedule 1 so it is treated similar to all of the other products for which there are separate statutes that regulate them.
I was present Tuesday for the testimony of officials concerning the tobacco provision in the bill. I listened carefully, but no persuasive reason against the amendment was presented, in my view. It is the case that the Tobacco Act was the subject of a constitutional challenge and was upheld as fully constitutional. But that is also true for some other products and statues in schedule 1. For example, the Food and Drugs Act was upheld as constitutional, as was the firearms legislation.
For the tobacco amendment, there is no legal or constitutional impediment to making the amendment. In making this statement, as a lawyer I represented the Canadian Cancer Society for 10 years as co-counsel in the intervention in court to successfully defend the constitutionality of the Tobacco Act, including before the Supreme Court of Canada. We appeared in court alongside the federal government.
It is the case that with the proposed amendment the wording for tobacco in the schedule will be different from other items listed, but that is fine in order to deal with the cigarette ignition propensity issue. Parliament can do that and should do that. Doing so would not undermine the schedule or the act. Doing so would in fact strengthen the potential ability of the act to protect Canadians.
On Tuesday, Assistant Deputy Minister Paul Glover explained that the objectives of the bill are active prevention, targeted oversight, and rapid response. These objectives are certainly relevant in the context of tobacco. The government should have the flexibility to deal with the tobacco epidemic in a rapid manner, should the need arise and the Tobacco Act be inadequate. There would be an escape valve available to protect the public interest.
On the other hand, maintaining the permanent exemption for tobacco products currently in subclause 4(2) would provide undesirable and unnecessary protection for the tobacco industry. There is no reason why pesticides, explosives, motor vehicles, cosmetics, and so on should receive more potential regulatory oversight than tobacco products.
During the second reading debate, Dr. Bennett, Ms. Wasylycia-Leis, and Mr. Thibault expressed support for our proposed amendment on tobacco. We are grateful. We urge all members of the committee to similarly support this amendment.
Thank you.