Mr. Speaker, I am pleased to speak on Bill S-16, the tackling contraband tobacco act. This bill is part of the government's continued commitment to taking steps to protect Canadians and make our streets and communities safer. It would fulfill our government's 2011 election policy platform commitment to reduce the problem of trafficking in contraband tobacco by introducing legislation that would establish mandatory jail time for repeat offenders trafficking in contraband tobacco.
Contraband tobacco is a threat to the public safety of Canadians, our communities and our economy. It fuels the growth of organized criminal networks, contributing to the increased availability of illegal drugs and guns in our communities. The availability of inexpensive illegal tobacco does not just undermine our safety and our economy; it also has a negative impact on our public health goals.
The smoking rate of this country is at a historic low of 17%. The percentage of Canadians who smoke on a daily basis is at 14%. Smoking is a major risk factor for cancer, respiratory disease and heart disease. Tobacco smoke contains over 4,000 chemicals, of which more than 70 are known to cause, initiate or promote cancer. Tobacco is responsible for more than 37,000 premature deaths in Canada every year.
In 2012, our government renewed the federal tobacco control strategy for five more years. Under this strategy, the government introduced warning labels on cigarette packages, which now contain a national quit line and a web address for people who want assistance to quit. We also banned small flavoured cigars, which were clearly targeted towards youth. In addition, we launched a marketing awareness and outreach campaign targeted at young adult smokers.
Contraband tobacco is a pressing issue. The availability of inexpensive illegal tobacco products has a negative impact on public health, particularly for our children. Young people are smoking contraband cigarettes in alarming numbers. Criminals are selling contraband tobacco to teens, and the proof is all over our schoolyards. A study conducted on the proliferation of contraband tobacco in high schools in Ontario and Quebec found that nearly one-third of the cigarettes found in Ontario high schools and over 40% of the cigarettes found in Quebec high schools were contraband products. Because contraband cigarettes are cheaper than regular cigarettes, they are more easily purchased by teenagers.
Our government is committed to keeping contraband tobacco off of our streets and out of our communities, where cheap baggies of illegal cigarettes lure our children into smoking. Contraband tobacco is a pressing issue, and the availability of inexpensive illegal tobacco products is a serious problem.
This bill, however, is not just meant to discourage the smoking of contraband cigarettes. It is also meant to address the more general problem of trafficking in contraband tobacco that is propelled by organized crime groups.
As most members are aware, there is no offence of trafficking contraband tobacco in the Criminal Code. Currently, the Excise Act is the legislative vehicle used to lay charges and prosecute for offences related to tobacco, including the possession and sale of contraband tobacco. This bill would amend the Criminal Code and establish a new offence of trafficking in contraband tobacco, with mandatory jail time for second and subsequent convictions. Placing the offence in the Criminal Code reflects the serious nature of this offence.
A primary target of this new offence is organized crime groups that are trafficking large volumes of contraband tobacco. Bill S-16's definition of trafficking would range from the sale, possession for the purpose of sale or the offer for sale to the transportation, delivery or distribution of a tobacco product or raw leaf tobacco that is not packaged, unless it is stamped. The terms "trafficking", "tobacco product", "raw leaf tobacco", "packaged" and "stamped" have the same meanings as they do in the Excise Act of 2001.
The penalty for a first offence would be up to six months of imprisonment on summary conviction and up to five years of imprisonment if prosecuted on indictment.
Repeat offenders convicted of this new offence in cases involving 10,000 cigarettes or more, 10 kilograms or more of any other tobacco product or 10 kilograms or more of raw leaf tobacco would be sentenced to a minimum of 90 days on a second conviction, a minimum of 180 days on a third conviction and a minimum of two years less a day on subsequent convictions if they are prosecuted by indictment.
As well, the government is advancing its efforts to combat the trafficking and cross-border smuggling of contraband tobacco by establishing a 50-officer RCMP anti-contraband tobacco force. We have not heard much about that from the opposition, but it is one of the important components of this move forward.
This anti-contraband tobacco force will target organized crime groups engaged in the production and distribution of contraband tobacco. The RCMP will continue to work alongside enforcement partners. Its goal is to have a measurable impact on reducing the contraband market and combatting organized criminal networks.
In 2008, the government established a multi-agency task force to examine ways to combat the trade in and manufacture of illegal tobacco products.
In 2010, our government continued its efforts by providing $20 million for initiatives to combat contraband tobacco, including funding for the RCMP to establish a special enforcement unit whose sole task was to target the criminal networks behind the manufacture and distribution of illegal tobacco. Bill S-16 would align with the RCMP's contraband tobacco enforcement strategy, which focuses on reducing the availability of and demand for contraband tobacco.
In addition, since 2008 the RCMP has laid almost 5,000 charges, disrupted approximately 66 organized crime groups involved in the contraband tobacco markets and seized 3.5 million cartons and unmarked bags of contraband tobacco, along with numerous vehicles, vessels and properties.
This bill would also amend the definition of Attorney General so as to give the Attorney General of Canada concurrent jurisdiction with the provinces. As such, either provincial or federal Crowns could prosecute pursuant to this new provision.
This represents a serious approach to contraband tobacco activities. The government recognizes that this is action that must be taken.
This is a comprehensive approach. It is complete. It sends out the right message to organized crime elements in this country that this kind of activity will not be tolerated by this government.