Mr. Speaker, I am pleased to speak to the motion regarding Bill C-17, an act to amend the Contraventions Act and the Controlled Drugs and Substances Act.
Bill C-17 addresses an issue that is on the minds of many Canadians; that is, the reform of cannabis legislation. It is also an issue that remains a priority of the government, a priority that was reflected by the Prime Minister in his statement last summer that the government would introduce this legislation again in Parliament.
Many Canadians believe that the potential harms of using cannabis are outweighed by the stigma arising from a criminal conviction and would like to see a reduction in the negative social impact of a criminal conviction.
Public opinion surveys indicate that a majority of Canadians favour the removal of criminal sanctions for possession of small amounts of cannabis for personal use. A 2002 Gallup poll survey indicated that 77% of Canadians believe that cannabis possession should either be legalized--that is 37%--or that a fine should be the only penalty for the offence, and that was indicated at 40%.
Concerns have also been expressed over the unfair and unequal application of the law. Police and court activity in respect of the possession offence vary considerably from region to region.
In some parts of the country offenders often receive no more than a verbal warning, and if charged and tried will likely receive a conditional or absolute discharge. In other parts of Canada an offender is more likely to be charged, and if convicted is likely to receive a fine or a more serious penalty.
I believe that given the current thinking by many Canadians on this matter, it is time to reform our legislation dealing with cannabis. The government has a responsibility to Canadians to adapt to and address these current concerns. With this proposed legislation, our drug law will be reformed so as to reflect Canadian reality.
Canadians believe that alternate measures such as fines are more appropriate than criminal convictions for the possession of small amounts of cannabis. The Senate special committee on illegal drugs commissioned a qualitative study of Canadians' attitudes toward cannabis. This study found that most Canadians are not concerned with the occasional recreational cannabis use, and support alternative measures of dealing with the possession of small amounts of cannabis.
A Decima poll conducted in September 2003 showed that a majority of Canadians favoured marijuana decriminalization, while a significant number agreed there should be complete legalization.
Considerable research was carried out by two parliamentary committees, which heard numerous witnesses in connection with Canada's drug legislation. In September 2002, the special Senate committee on illegal drugs tabled its final report, recommending the legalization of cannabis. The special House committee on the non-medical use of drugs recommended in its report on December 12, 2002 a comprehensive strategy for decriminalizing the possession and cultivation of not more than thirty grams of cannabis for personal use.
In the September 2002 Speech from the Throne, the government made a commitment to “act on the results of parliamentary consultations with Canadians on options for change in our drug laws, including the possibility of the decriminalization of marijuana possession”.
Canadians are also concerned about the proliferation of commercial cannabis marijuana production operations, commonly known as grow ops. This issue has also become a problem of serious law enforcement concern. These concerns relate to the involvement of organized crime, risks to public safety from operations in residential districts, and threats and intimidation directed at the owners of farms and other private property where production is undertaken.
The smuggling of cannabis from Canada to the United States has become a major issue in cross-border law enforcement relations. In spite of considerable amounts of enforcement resources being used to control these grow ops, these efforts have failed to curtail them.
Bill C-17 proposes reforms in respect of two areas, the first dealing with the possession offence regarding small quantities of marijuana and cannabis resin, and the second dealing with the offence of production or cultivation. Under this proposed reform, amendments will be made to the Contraventions Act and the Controlled Drugs and Substances Act. In the first instance, the Contraventions Act will be amended so as to permit the act to apply to the new possession offences involving small quantities of cannabis material and to the new cultivation offence involving a very small number of cannabis plants.
Secondly, the Controlled Drugs and Substances Act will be amended to create four new offences of cannabis possession involving small quantities of cannabis material, each with distinct penalties: possession of one gram or less of resin punishable by a fine of up to $300 for adults and up to $200 for youth; possession of 15 grams or less of marijuana punishable by a fine of up to $150 for adults and up to $100 for a youth; possession of either of those amounts with one or more of the following aggravated factors--while having care and control or while operating a motor vehicle, while committing an indictable offence, or possession in or near a school--which offence will be punishable by a fine of up to $400 for adults and up to $250 for youth; and possession of more than 15 grams, up to and including 30 grams, punishable by a fine of up to $300 for adults and up to $200 for youth when prosecuted by way of a ticket, or punishable by up to six months and/or a fine of up to $1,000 if prosecuted by way of summary conviction.
For the first three offences, law enforcement will be able to issue a ticket exclusively. Peace officers will have the discretion of enforcing the fourth offence either by issuing a ticket or a summons, depending on the officer's appreciation of the circumstances related to the offence.
As for the cultivation of cannabis, the bill would restructure the offence as follows: one to three plants: guilty of anoffence punishable on summary convictionand liable to a fine of $500 or, in the case of a young person, $250. This would be exclusively by ticket.
For four to twenty-five plants: guilty of an offence and liable, on conviction on indictment, to imprisonment for a term of not more than five years less a day, or on summary conviction, to a fine ofnot more than twenty-five thousand dollars or to imprisonment for a term of not more than eighteen months, or to both.
For twenty-six to fifty plants: guilty of an offence and liable, on conviction on indictment, to imprisonment for a term of not more than ten years. Finally, for more than fifty plants: imprisonment for a term of not more than fourteen years.
Under the proposed legislation, the courts would have to give written reasons for not imposing a custodial sentence when one or more of the following factors are present: a person used real property that belongs to a third party to commit the offence; the offence constituted a potential security, health or safety hazard to children in or near the area where the offence was committed; the offence constituted a potential public safety hazard in a residential area; and the person set or placed a trap, device or other thing that was likely cause the death or bodily harm where the offence was committed.
The question of changing our law on cannabis is one of long-standing, going all the way back to the LeDain commission in the early 1970s. Cannabis legislation and, more specific, the offence of possession of small quantities of cannabis has been a topic of considerable public scrutiny and political comment.
The government proposes to address this issue through this bill. I hope the motion to send the bill to the committee before second reading will receive the support of all hon. members.