The bill criminalizes cannabis possession more strictly for minors than for those who are of legal age. In fact, it sets a possession limit of 5 grams or less for minors, while, for those 18 and over, the limit is 30 grams or less. The Quebec bar points to the importance of not criminalizing minors for behaviour that is permitted for adults. We must remember that this is a particularly vulnerable population that must be adequately protected.
In that context, let us remember that the youth criminal justice system is different from the one for adults. It is based on the principle that moral culpability is less and it specifically emphasizes the social reintegration and rehabilitation of young people. So we must avoid submitting them to consequences that can lead to a criminal conviction. Given the importance of not criminalizing young people for simple possession below the allowed limit, we recommend in their case that possession of fewer than 30 grams of cannabis, that is between 5 and 30 grams, be decriminalized, and that it be made a ticketable offence to possess more than 5 grams and up to 30 grams.
As a ticketable offence, a fine is the most common consequence, whereas, as a criminal offence, the consequence could be imprisonment. We also mention that the system of ticketable offences established in the bill does not apply to minors. Instead, we are referred to the Youth Criminal Justice Act. The bill provides that those aged 18 or older and who commit certain offences can be prosecuted and a summons issued, at the discretion of the peace officer. Young people, who make up a particularly vulnerable population, are subject to the regular criminal process under the Youth Criminal Justice Act. We therefore consider that awareness, education and prevention are the best ways to eliminate cannabis use among the young. In fact, we must not resort to the criminal justice system in order to compensate for a prevention and education system that is inadequate.
As for the system of ticketable offences, the bill makes it possible, in certain cases, for a peace officer to issue a ticket to a person who commits an offence within the proposed legal framework. Paying the ticket means an entry in a judicial record, is not to be confused with a criminal record. The bill makes reference to a judicial record, not to a criminal record. But the concept of a judicial record is not defined in law. We wonder who is responsible for the record, when it is created, what information it contains, when that information is destroyed, who will have access to the record, and for what purposes the information will be used. It would also be wise to establish a system of sanctions for any breach of the classification obligations and use of the record.
I now yield the floor to Mr. Thibaudeau, who will provide you with information on questions on the labelling standards established in the proposed Cannabis Act, and about the sale of cannabis by the provinces.