Evidence of meeting #72 for Health in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was cannabis.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Paul Saint-Denis  Senior Counsel, Criminal Law Policy Section, Department of Justice
Olivier Champagne  Legislative Clerk, House of Commons
Diane Labelle  General Counsel, Health Canada Legal Services, Department of Justice
John Clare  Director, Cannabis Legalization and Regulation Branch, Department of Health
Carole Morency  Director General and Senior General Counsel, Criminal Law Policy Section, Department of Justice

9:50 a.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Thank you, Mr. Chair.

I agree that putting height restrictions on is problematic because we did see evidence of people talking about how plants would then become wide. I especially remember one of the testimonies we had where they showed different plants without height restrictions. Some of them looked like trees and had a huge yield. There doesn't appear to be any limit on how much cannabis people can be growing, so I will be opposing this.

9:50 a.m.

Liberal

The Chair Liberal Bill Casey

Hearing no more speakers, I'll call for a vote.

Before I do that, there's a note here that says, if adopted, Liberal-6 is also adopted as a consequential issue, and NDP 26 cannot be moved because of a line conflict.

I call for a vote on Liberal-3.

9:50 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Can I have a recorded vote, Mr. Chair?

(Amendment agreed to: yeas 6; nays 3 [See Minutes of Proceedings])

9:50 a.m.

Liberal

The Chair Liberal Bill Casey

We now move to PV-11.

(Amendment negatived [See Minutes of Proceedings])

We'll now move to PV-12.

If PV-12 is adopted, NDP-15, NDP-16, and NDP-17 cannot be moved.

(Amendment negatived [See Minutes of Proceedings])

I'll go to NDP-15.

If adopted, NDP-16 and NDP-17 cannot be moved.

Mr. Davies.

9:55 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Chair, in the interest of expediting this process, I'd ask for the clerk's advice on this. I'm happy to speak to NDP-15, NDP-16, and NDP-17 at once and vote on all three at the same time. These are the same types of amendments I've been moving.

Am I allowed to do that?

9:55 a.m.

Liberal

The Chair Liberal Bill Casey

I think we'd better just do it one at a time now.

9:55 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Okay, thanks. I'll try to be brief again.

My first amendment is to remove the 14-year maximum provision for a violation of the cultivation, propagation, and harvesting prohibition in this bill and to replace that with a fine of not more than $300,000, or imprisonment for a term of not more than two years less a day, or both. In the case of a first offence, it would be a fine of not more than $3,000, and for any subsequent offence, a fine of not more than $50,000 for a proceeding by summary conviction. The first one is by indictment and the second one is by summary conviction.

Once again, in my respectful view, it's to make the penalty provisions of this bill more in keeping with a legalized approach to cannabis and an attempt to take the criminalization, prohibitionist model out of cannabis, and also to have the penalties aligned with the reality in Canadian courts today.

9:55 a.m.

Liberal

The Chair Liberal Bill Casey

Seeing no speakers, we'll call for a vote on NDP-15.

9:55 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Can I have a recorded vote, Mr. Chair?

(Amendment negatived: nays 8; yeas 1) [See Minutes of Proceedings])

9:55 a.m.

Liberal

The Chair Liberal Bill Casey

Now we go to NDP-16.

Mr. Davies.

9:55 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Again, this amendment seeks to amend the 14-year maximum penalty and to replace it with a term of imprisonment of not more than two years less a day.

9:55 a.m.

Liberal

The Chair Liberal Bill Casey

Seeing no speakers, I will call for a vote on NDP-16.

9:55 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Could we have a recorded vote, Mr. Chair?

9:55 a.m.

Liberal

John Oliver Liberal Oakville, ON

On a point of order, are we allowed to apply previous votes at committee, or do we need to proceed with the calling of the vote?

9:55 a.m.

Liberal

The Chair Liberal Bill Casey

The opinion here seems to be no, but nice try.

(Amendment negatived: nays 8; yeas 1 [See Minutes of Proceedings])

10 a.m.

Liberal

The Chair Liberal Bill Casey

Now we go on to NDP-17.

Mr. Davies.

10 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

It's our third attempt to amend the criminal sanctions in this bill. It's our least favourite one. We at least would ask that parliamentarians consider reducing the 14-year maximum sentence to nine years in order to preserve the ability of judges in this country to have the discretion to impose conditional sentences in cases that they deem appropriate.

10 a.m.

Liberal

The Chair Liberal Bill Casey

Thank you very much. We all see your effort here and we understand what you're trying to do.

10 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Could we have a recorded vote, Mr. Chair?

(Amendment negatived: nays 8; yeas 1) [See Minutes of Proceedings])

(Clause 12 as amended agreed to)

(On clause 13)

10 a.m.

Liberal

The Chair Liberal Bill Casey

On clause 13, the first one here is PV-13. Again, if this one is adopted, NDP-18 and NDP-19 cannot be moved.

(Amendment negatived [See Minutes of Proceedings])

10 a.m.

Liberal

The Chair Liberal Bill Casey

Now we go to NDP-18.

Mr. Davies.

10 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

This provision would amend the penalty provisions by removing the indictable offence for this offence, and instead leave the summary conviction as the only way to proceed, which leaves a fine of up to $5,000 and up to six months in prison.

10 a.m.

Liberal

The Chair Liberal Bill Casey

Seeing no further comments, I'll call for a vote on NDP-18.

There's a note here that if adopted, NDP-19 cannot be moved.

10 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Could we have a recorded vote, Mr. Chair?

(Amendment negatived: nays 8; yeas 1 [See Minutes of Proceedings])

10 a.m.

Liberal

The Chair Liberal Bill Casey

Now we go to NDP-19.

Mr. Davies.