Mr. Speaker, I am pleased to be taking part in this debate on Bill C-26. The Bloc Québécois wants to see the bill sent back to the Standing Committee on Justice and Human Rights but the committee chair must be able to fulfill his responsibilities properly. The Bloc Québécois wants to see the bill sent back to the committee once it returns to normal. Even then, that does not mean that we will automatically support this bill after studying it more closely. We want to hear witnesses and do a comprehensive and thorough job because we obviously have questions.
Let us put all this in context for our fellow citizens. Bill C-26 introduces a minimum one-year prison sentence for trafficking of drugs, particularly marijuana, when undertaken as part of organized crime and involving the use of a weapon or violence. Certainly we agree that drug-related activities, especially those that profit organized crime, deserve a penalty. The Bloc Québécois has not changed its mind about minimum mandatory sentences.
I have said it many times, just as a number of my colleagues have: there are no conclusive studies showing that a minimum mandatory sentence in a bill necessarily works as a deterrent. Quite the opposite, a minimum mandatory sentence can lead to plea bargaining, a game of negotiation between the defence counsel and the Crown where they agree to other charges that are not subject to minimum mandatory sentences.
A second offence is contained in this bill. A minimum sentence of two years will be imposed for trafficking drugs such as cocaine, heroin and amphetamines to young people and, of course, for trafficking drugs near a school or near any other public place usually frequented by young people, like a youth centre.
We are in favour in principle of the legislator taking a closer look at people wanting to traffic drugs in places frequented by young people. In fact, that was a recommendation of the special committee created in 2002 in which I took part. I will come back to that later. Nonetheless, we are not convinced that this offence requires a mandatory minimum sentence.
Third, this bill contains a minimum sentence of two years for the cultivation of more than 500 marijuana plants.
Fourth, the maximum sentence for the production of cannabis will go from 7 to 14 years imprisonment. The Bloc Québécois does not have a problem with the maximum sentences, as this respects the judicial discretion that judges hearing witnesses should be afforded. They are aware of the circumstances and are well placed to determine the best sentence for each individual case. The Bloc Québécois has always defended the idea that sentences should be handed down on a case-by-case basis. A judge must receive and look at each case by bearing every factor in mind.
Finally, punishment will be more severe for trafficking in GHB, which is commonly known as the date rape drug. We do not have any particular problem with that provision.
There is another aspect of the bill that is a little more on the positive side. Clause 5 states that if the offender successfully completes a drug treatment program—and every one of our provinces and communities offers one—the court is not required to impose the minimum sentence, as the treatment will be seen as a mitigating factor in sentencing.
I understand that a government member has already introduced a similar bill.
We are in favour of clause 5 of the bill, but we have a number of concerns about the rest of the bill.
I would also like to mention that the bill establishes a list of aggravating circumstances that would rule out the possibility of a minimum sentence. These factors are considered serious enough to encourage judges to lean towards harsher sentences, rather than more lenient ones.
This bill addresses offences committed for the benefit or at the direction of a criminal organization. These provisions already exist, since they were passed when we dealt with the whole issue of organized crime. The House will recall that there are three offences under sections 467, 468 and 469, I believe. Committing an offence for the benefit of a criminal organization, whether drug related or under other circumstances, is still considered an aggravating circumstance.
Also, when violence is used in the commission of an offence, naturally, that is considered an aggravating circumstance. The same is true for offences committed in a school or on school grounds, offences committed in a prison and offences committed using the services of a person under the age of 18 years. Those are all examples of aggravating circumstances that would rule out the possibility of a minimum sentence.
The drug issue is very worrisome, of course. We in the Bloc Québécois are aware that drugs can destroy families, have a profoundly negative impact on communities, contribute to the formation of criminal networks and lead to violence. Thus, we are not complacent about the issue of drugs.
We can be somewhat critical of the bill. In 2002, I participated in a study on drug use. At the time, there was a member by the name of Randy White. I can mention his name because he is no longer a member in this House. I am sure you will remember him because he held office for three terms. He was a staunch Conservative. We could use more colourful language to describe him but I will refrain. He was a fairly opinionated Conservative. He had introduced a motion that the House establish a committee to study the non-medical use of drugs.
We worked for about two years on this committee, together with the former member for Burlington, Ms. Torsney, who was the chair. Other members who are still in this House were also on the committee and we invested about two years travelling around Canada and Quebec to hear testimony.
I was very surprised at the time—it was the early 2000s—when we were informed that the Canadian government was allocating $500 million to the drug issue. Of this $500 million, $380 million—which is not small change—went to the RCMP and Correctional Services Canada, organizations responsible for enforcing the law.
These organizations are not very likely to engage in prevention or early intervention. They do not work with the youth in our communities and inform them of the terrible consequences of drug use in order to deter them.
It is very worrisome that, as recently as the early 2000s, we picked a prohibitionist approach and one that was very clearly and predominantly associated with elements of repression.
It is even more troubling—and we need to think about this—that for at least 80 years, Canada has had provisions in the Criminal Code that prohibit the use, import, export, possession and trafficking of drugs. Anything to do with these five things has been prohibited in the Criminal Code for decades. Obviously, this was moved into the Controlled Drugs and Substances Act a few years ago, but the Criminal Code has been used for a very long time to deter people from taking drugs.
I say this with complete detachment: I have never taken drugs in my life. Anyone who knows me will know this, and even those people who find me hopelessly relaxed. Nevertheless, I have to wonder something. For 80 years, we have had a prohibitionist strategy, and in survey after survey, after examining the realities and the current situation, we find that one quarter of Canadians take drugs. I should clarify that, of course: 80% of those people use marijuana.
Should we invest as much in social resources to deter young people as we invest in the Criminal Code? We should allocate $500 million to explain to young people that marijuana, although it is perhaps less harmful than other drugs, is not part of Canada's food guide. A person does not need to use marijuana to be happy in life or to be successful. This is not to pass judgment on those who do use marijuana, but it is certainly not something that should be encouraged.
Conversely, does society really want this system, in which a young person gets a criminal record for using marijuana? When we examined this in committee, we realized that there were very serious consequences to having a criminal record, affecting many things, from bail hearings to job searches. In fact, when a person declares to a potential employer that he has a criminal record, it is still quite a stigma.
Is this the right strategy when we know that, despite the prohibitionist approach that has been in place since the creation of the Criminal Code in Canada, one quarter of Canadians report using marijuana or other drugs more or less regularly? We need a more nuanced approach. Is the Criminal Code the best way to achieve these goals?
Let me go over the list of stigmas associated with having a criminal record. First, it can influence a police officer's behaviour during an arrest because it creates a negative prejudice. Of course, it justifies denying bail and can influence the crown prosecutor's decision to proceed with an indictable offence—which means fingerprinting and so on—or by summary conviction. It also undermines the credibility of testimony given in court. Having a criminal record makes it difficult, if not impossible, to cross borders—certainly the American border. It compromises access to citizenship and, as I said, can have a detrimental effect when job-seekers get to the interview stage.
This does not mean that we should not pass the bill. I am not suggesting that the Criminal Code and the Controlled Drugs and Substances Act should not include provisions for drug traffickers, particularly for those who get young people involved, who profit from it and, by the same token, make money for organized crime. However, does cannabis really deserve such a hard-line approach?
When the committee studied this issue, I was surprised to learn that Canada produces about 800 tonnes of marijuana per year. That is a lot; Canada is known as a marijuana producer. This phenomenon has been on the rise in British Columbia, where growers use hydroponic greenhouses.
Do you know approximately how much the RCMP and law enforcement agencies seize each year? According to the latest statistics presented to the committee in 2002—more recent statistics would be better—of the 800 tonnes produced in Canada, 1.2 tonnes were seized. Some $500 million was spent. One thousand RCMP officers in Canada are policing the borders and taking part in drug investigations. Despite all of these resources, this law enforcement infrastructure and all of the money that we invest in that infrastructure, 1.2 tonnes out of 800 tonnes was the total seized.
It is therefore not obvious that repression is the way to go. It is not obvious that it is good to insist on giving law enforcement organizations more resources. As a society, would it not make more sense for us to turn to the school system, youth centres, adults who play a significant role in the lives of children or youth? We need to explain the negative effects of marijuana and try to understand why people use these substances.
By the way, when we studied marijuana and the non-medical use of drugs in committee—Senator Pierre Claude Nolin also headed a task force that spent several years looking at this—no one concluded that marijuana was a gateway drug. People are not going to get hooked on heroin or other drugs because they use marijuana regularly. I am not promoting marijuana use. What I am saying is that when we heard the witnesses and did our work, no one was able to provide scientific evidence to back the claim we sometimes hear that marijuana is a gateway drug that inevitably leads to hard drug use. That is what we need to say about marijuana.
The Bloc Québécois will work seriously. Once again, I want to remind this House that my committee chair has unfortunately dug in his heels and is refusing to do his duty and hold a vote on a motion by our colleague from Beauséjour that would allow us to hold a hearing concerning the Cadman affair. Regretfully, I must say that my chair is refusing to comply with the rules.
Mr. Speaker, you and the table officers could attest that when a motion is introduced in a committee and we do not accept the chair's ruling, all the members of that committee have the prerogative to challenge that ruling. Ordinarily, a vote without debate should automatically follow. But my chair is refusing to comply with the rules, and that is creating an unusually tense situation in the Standing Committee on Justice and Human Rights. Everyone has worked collegially. We have done quite a lot of work. Hon. members can imagine the uncomfortable situation we are in. I urge my chair to come to his senses and regain his sense of fairness.
I believe I have a minute left, so I will conclude by saying that the Bloc Québécois will examine this bill seriously in committee. We have some concerns about the scope of the bill, but we will be happy to hear witnesses and to invite the committee chair to report to the House on Bill C-26 in due course.