Mr. Speaker, I move:
That Bill C-38, an act to amend the Contraventions Act and the Controlled Drugs and Substances Act, be referred forthwith to the Special Committee on the Non-Medical Use of Drugs.
Mr. Speaker, I am pleased to speak to the motion to refer Bill C-38 to a special committee of the House before second reading.
I would like to remind the House that, in the Speech from the Throne, the government made a commitment to modernize the Narcotic Control Act.
Last May, in order to meet that commitment, I tabled a bill which launches a real reform. The purpose of Bill C-38 is to change law enforcement in Canada for the possession of a small quantity of cannabis and to increase penalties for the growing of large quantities of marijuana.
We must make one thing clear right from the start: it was never a question of legalizing marijuana and we are not now legalizing marijuana. It remains an illegal substance and offenders will be always be prosecuted and punished by law. What we are doing is changing the kinds of prosecution for certain offences by proposing new penalties and alternative procedures.
The new legislation will ensure that the law will be applied uniformly from coast to coast and will allow us to devote police resources to operations where they will be most useful.
This bill was not drawn up in a contextual vacuum. It is part of Canada's new drug strategy. A sum of $245 million was allocated to the fight against the root causes of drug abuse and to the promotion of health.
The government is increasing the funding for informing and raising the awareness of the Canadian public, especially young people, about the dangers of drugs.
This decision was made in full knowledge of the facts. We have done our homework. We have benefited from much research, consultation and debate.
The research goes back to the LeDain Commission, three decades ago. Two recent committee reports have also helped us understand the issue: the Senate's Special Committee on Illegal Drugs and this House's Special Committee on the Non-Medical Use of Drugs, chaired by the hon. member for Burlington.
Clearly, the current law is in need of reform to send a strong message that marijuana is illegal and harmful, but also to ensure the punishment fits the crime. We have to ask ourselves as a society whether it makes sense that a young person who makes a bad choice in life should receive the lasting burden of a criminal conviction. It means that the doors to certain jobs may be closed or they may have trouble travelling internationally.
With the reforms that I have introduced, the current criminal court process and resulting criminal penalties would be replaced with alternative procedures and penalties. Those convicted of possessing 15 grams or less of marijuana or one gram or less of cannabis resin will receive a ticket and a fine ranging from $100 to $400, depending on the circumstances. This fine would be higher in many cases than what offenders are receiving now. It is important to know that when a young person is facing a charge, his or her parents will be notified.
Police officers will retain the discretion to give a ticket or summons to appear in criminal court for possession of more than 15 grams of marijuana. The maximum in that case will remain a $1,000 fine and/or six months in jail. In addition, the new alternative penalties regime will not be available in cases of possession of over 30 grams. Those offences will result in criminal charges.
At the same time that we are modernizing our possession offence, we are taking aim at marijuana grow operations. We know that these large grow ops are sometimes located in residential areas. We know that criminal gangs are often behind those operations. This bill sends a clear message that we will not allow our neighbourhoods to be threatened by these grow ops and we will take strong action to combat organized crime.
Our bill provides for doubling the maximum sentence for large marijuana grow operations. It sets out a number of aggravating circumstances which would require courts to provide reasons for not imposing a prison sentence. With tougher legislation, and more efficient enforcement measures, we hope to put an end to this kind of activity.
I would now like to address certain questions that have been raised with regard to this bill.
First of all, there is the issue of impaired driving. This is not a new problem; I would remind the House that it is already a serious offence under the Criminal Code to drive when impaired by alcohol or drugs.
Thus, we must give the police the tools they need to identify drivers whose faculties are impaired by drug use.
The Department of Justice is currently circulating a consultation document prepared by a working group.
Secondly, there is the question of whether these reforms are reasonable, not only in the Canadian context, but also internationally.
Let us examine what is happening elsewhere in the world.
In some countries, possession of small amounts of cannabis is not a crime. In others, it remains a criminal offence, but it is not prosecuted. Some countries, including the United States, see active prosecution as a key element of their policy response to possession of small amounts of cannabis.
Although drug enforcement is a shared state-federal responsibility in the U.S., 12 states have laws decriminalizing possession of small amounts of cannabis.
The state of South Australia, along with two Australian territories, have adopted fines for possession of up to 100 grams of marijuana. Several evaluations to date in South Australia found no increase in cannabis use linked to its policy.
Similarly, in the U.S. no significant difference in cannabis use was found between those jurisdictions that decriminalized cannabis use and those that did not.
While we can learn from what others are doing, our reforms are designed to reflect the Canadian reality. We are taking a comprehensive approach recognizing that drug and alcohol abuse can take a heavy toll in human terms and cost our economy billions of dollars.
Earlier I mentioned that this motion would send this bill to committee before second reading. This demonstrates that the government is listening and willing to consider amendments to ensure we get it right.