Mr. Speaker, I am pleased to rise to speak in favour of Bill S-16, an act to amend the Criminal Code (trafficking in contraband tobacco).
The bill proposes amendments to the Criminal Code to create a new offence of trafficking in contraband tobacco and provide minimum penalties of imprisonment for persons who are convicted for a second and subsequent time for this offence.
I am going to be speaking very specifically about the bill, unlike some of the other speeches that we have heard from the other side today, so members will not have to make sure that I am being relevant.
The bill would fulfill the government's 2011 election policy platform commitment to help reduce the problem of trafficking in contraband tobacco by establishing mandatory jail time for repeat offenders of trafficking in contraband tobacco. I have to thank the Minister of Justice, the Minister of Public Safety and the Minister of Health for working together to bring about all the aspects of what we are trying to accomplish with Bill S-16.
Bill S-16 proposes to create a new offence dealing with contraband tobacco trafficking. Indeed, the bill would prohibit possession for the purpose of sale, offer for sale, transportation, delivery or distribution of a tobacco product or raw leaf tobacco that is not packaged, unless it is stamped. The terms “tobacco product”, “raw leaf tobacco”, “packaged”, and “stamped” have the exact same meanings as we see in section 2 of the Excise Tax Act of 2011.
The maximum penalty for a first offence would be up to six months' imprisonment on summary conviction and up to five years' imprisonment if prosecuted on indictment.
Repeat offenders convicted of this new offence in cases involving 10,000 cigarettes or more or 10 kilograms or more of any other tobacco product or 10 kilograms or more of raw leaf tobacco would be sentenced to a mandatory minimum of 90 days on a second conviction and a minimum of 180 days on a third conviction, and a minimum of two years less a day on subsequent convictions.
These proposed measures would undoubtedly have an impact on organized crime and on the sale of contraband tobacco. I also believe that this initiative would have a positive effect on the health of Canadians.
We all know, and we have heard it said here earlier today, that there are really three general rules for healthy living. If we want to have a healthier Canada, there are three things that we really have to do: get physical activity on a daily basis, eat well and eat healthy, and stop smoking.
For those who do not smoke, do not start. Smoking cessation is key to ensuring that people live longer. Smoking is tied to so many health problems, whether it is lung disease, heart disease or cancer. Those are the things that we have to ensure we prevent and save people all the agony of going through those terrible chronic illnesses.
We also know that there are a number of things that we can do to stop smoking and reduce smoking and other tobacco intakes. We know that implementing high tobacco prices achieved through excise taxes is an evidence-based strategy to reduce the use of tobacco products. We know among Canadian adults it is estimated that a 10% increase in price is estimated to result in a decrease in cigarette demand of up to 4%. There is a correlation. It is proven and it is statistical.
However, the presence of cheap contraband cigarettes, sold without all appropriate taxes applied, undermines the potential health benefits of this effective intervention by providing an accessible alternative to quitting, thereby increasing relapses and encouraging people to start smoking again.
The illegal sale of contraband cigarettes increased exponentially in Canada between 2002 and 2008, particularly in Canada's largest provinces, Ontario and Quebec. In 2008, the contraband tobacco market in Ontario was estimated to be as much as 42% of total cigarette sales. Contraband cigarettes enter the Canadian market through many sources: unlawfully or lawfully manufactured and smuggled in from the United States, unlawfully manufactured right here in Canada, counterfeit products entering the country illegally, and other related criminality, such as thefts.
Studies have demonstrated that persons who smoke contraband cigarettes have higher levels of nicotine dependence, have been smoking for longer in terms of pack-per-year history, have no intention to quit, perceive themselves to be very addicted, have previously used pharmacotherapy to stop smoking and are exposed to smoking in the home, compared with those who used premium or discount tobacco brands. Studies have also shown that people who smoke contraband cigarettes are somewhat less likely to attempt to quit compared to those who use a premium or discount tobacco brand.
We all know that tobacco products are ranked by the World Health Organization as a level one carcinogen. That puts it on the same level as asbestos, mustard gas and nuclear radiation. Therefore, we need to make sure that people stay away from tobacco products. As the member for Oak Ridges—Markham mentioned earlier tonight, I have witnessed people in my family, loved ones, suffer horribly and die horrific deaths because of their heavy tobacco use throughout their lives.
In my view, a successful approach to combatting contraband tobacco cannot rely solely on legislation. Although tough legislation such as Bill S-16 is necessary, a government strategy must also involve the use of law enforcement.
We have been talking tonight about some of the efforts being made by law enforcement agencies, particularly the RCMP. In this regard I have to note that our government is advancing its efforts to combat the trafficking and cross-border smuggling of contraband tobacco by standing up and establishing a 50-officer RCMP anti-contraband tobacco force. This anti-contraband tobacco force would target organized crime groups engaged in the production and distribution of contraband tobacco. Its goal is to have a measurable impact on reducing the contraband market and on combatting organized criminal networks. This would align with the RCMP contraband tobacco enforcement strategy, which focuses on reducing the availability of and demand for contraband tobacco and the involvement of organized crime, as well as build on our existing federal enforcement measures.
The Government of Canada recognizes that contraband tobacco smuggling has become a serious problem in the last few years. Certainly, Canadians want to be protected from offenders involved in these contraband tobacco smuggling operations, which threaten their safety and that of their families, as well as their health and the health of our youth.
I can speak for the communities of Selkirk—Interlake, which are very rural ridings, and Metis and first nation communities. No one likes having criminal elements in our neighbourhoods. No one wants those criminal elements and organized criminal gangs selling contraband tobacco and other illicit drugs to our youth. Canadians want to be protected from organized crime that is associated with contraband tobacco activities. These proposed amendments and the establishment of a 50-officer RCMP anti-contraband tobacco force would do just that.
I have to say that I respect the RCMP and all of its efforts related to community safety. I respect the work that it is doing on the Hill. I know it wants to stop contraband, stop organized crime and stop smoking. I just wish that the NDP leader would stop at stop signs, that he would stop for the RCMP cruisers when they chase him and he would stop being so mean.