Evidence of meeting #78 for Justice and Human Rights in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Greg Yost  Counsel, Criminal Law Policy Section, Department of Justice
Hal Pruden  Counsel, Criminal Law Policy Section, Department of Justice
Evan Graham  National Coordinator, Drug Evaluation and Classification Program, Royal Canadian Mounted Police

9:35 a.m.

Counsel, Criminal Law Policy Section, Department of Justice

Greg Yost

Cannabis is listed in Schedule II.

9:35 a.m.

Conservative

Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC

And if a person takes it for medical reasons?

9:35 a.m.

Bloc

Réal Ménard Bloc Hochelaga, QC

That is something different.

9:35 a.m.

Conservative

The Chair Conservative Art Hanger

Mr. Pruden, do you have something to add?

9:35 a.m.

Counsel, Criminal Law Policy Section, Department of Justice

Hal Pruden

No, I haven't.

9:35 a.m.

Conservative

The Chair Conservative Art Hanger

Madam Jennings.

9:35 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

I have just a question.

While I am a lawyer, I never practised criminal law. I do not have a driver's permit. I don't drive. Therefore, I'm not familiar, except though the work that I've done in this committee on this particular bill.

Given that the government wishes to bring in this special provision with regards to the controlled substances in schedules I, II, and III, where in the Criminal Code is there a similar provision for alcohol, for possession of alcohol in the car, creating—

9:35 a.m.

Counsel, Criminal Law Policy Section, Department of Justice

Greg Yost

Nowhere.

9:35 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

There is none.

June 19th, 2007 / 9:35 a.m.

Counsel, Criminal Law Policy Section, Department of Justice

Greg Yost

There is none.

9:35 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

That's what I thought.

Thank you.

9:35 a.m.

Conservative

The Chair Conservative Art Hanger

Mr. Pruden.

9:35 a.m.

Counsel, Criminal Law Policy Section, Department of Justice

Hal Pruden

I think it's been mentioned by witnesses that alcohol in one's possession is covered by the provincial highway traffic act or provincial alcohol legislation. This bill does not name as a criminal offence driving while alcohol is in the vehicle.

9:35 a.m.

Conservative

The Chair Conservative Art Hanger

Madam Jennings, did you understand that?

9:35 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

I'm sorry, I'm trying to find the bilingual channel.

I'm listening to channel 3, and I still hear the interpretation. I want the channel that provides floor sound.

9:35 a.m.

Conservative

Daniel Petit Conservative Charlesbourg—Haute-Saint-Charles, QC

There isn't any floor sound anymore.

9:35 a.m.

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

I'm going to add a point of order so she can find it, because the translation will continue.

9:35 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

I'm going to ask you to give your explanation again. I did not understand what you said because I was hearing the interpretation and your voices.

9:35 a.m.

Conservative

The Chair Conservative Art Hanger

Mr. Pruden.

I will just remind the witnesses as well as the members that if you don't come through the chair, it's going to be hard for the interpreters to determine who is speaking. Just make note of that and get my attention, please.

9:35 a.m.

Counsel, Criminal Law Policy Section, Department of Justice

Hal Pruden

Thank you, Mr. Chair.

I was just mentioning that for alcohol, provinces do have driving offences under their provincial legislation, so if someone is in possession of alcohol, they are committing the provincial offence. Yes, it's quite correct that we did not, in this bill, propose a change that would criminalize the alcohol in possession, which is already dealt with by the provincial governments.

9:35 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

It's already dealt with under the highway safety codes of the provinces, if I'm not mistaken.

9:35 a.m.

Counsel, Criminal Law Policy Section, Department of Justice

9:35 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

What is the typical penalty?

9:35 a.m.

Counsel, Criminal Law Policy Section, Department of Justice

Hal Pruden

I'm not aware of the fines that are given under the provincial legislation. It's not summary conviction.

9:35 a.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Exactly. It's not a summary conviction. It's not an indictable offence.