Mr. Speaker, I last rose in this House to speak to Bill C-45 back in May. I began my remarks then by speaking favourably of the government for taking an important first step in the move toward rectifying the failed crime-and-punishment approach that we have held in this country since the 1920s. It is quite obvious from all of the literature and evidence in the history of our country and indeed around the world that the war on drugs has been a complete and utter failure. The billions of dollars that have been spent and the countless lives that have been lost in that approach speak volumes about this failed approach. I believe that our resources as a country can be spent on a different approach, especially when the results have absolutely nothing to do with the objectives that were set out. We have a country where our youth are among the highest users of cannabis, despite decades of an approach where the use of cannabis and the trading of cannabis were criminalized.
Since that time in May, much has transpired with this bill through the committee stage in the Standing Committee on Health, and there was an enormous amount of witness testimony packed into a very short amount of time. We were optimistic that there were opportunities that could have been used to improve the bill that the government had introduced, but sadly that did not happen.
While the government introduced this legislation in a clumsy attempt to keep an election promise, it is now shutting down debate at report stage and limiting our debate at third reading on this very important and revolutionary change to Canada's drug laws. The Liberals are in a sense disenfranchising us as parliamentarians from doing our due diligence on this bill, from speaking for our constituents in this the people's House, and all for the reason of meeting some arbitrary deadline of July of next year. The government members know the government has a four-year mandate. The Liberals are going to be in power until October 2019, and yet they have set the date of July 2018 to get the bill passed into law. It just feels like a very slapdash approach to the whole thing, where we are not taking the time to get it right, because there is obvious room for improvement. While we do support the bill in principle and we have a lot of witness testimony to go on, it is clear that much could have been done to improve the legislation.
I would like to continue by focusing my remarks on a few key areas where I see the serious shortcomings in the bill at this stage.
I have to recognize the outstanding work of my colleague the member for Vancouver Kingsway, on the Standing Committee for Health. As our health critic, he did yeoman's work on that committee and was responsible on behalf of the NDP for bringing forward 38 amendments to the bill, which would have gone a long way toward improving it. Unfortunately, every single one of those proposed amendments was rejected by the Liberal majority on the committee. Amendments that were brought forward included a proposal to remove the 30-gram possession limit for adults. In his speech, the member for Vancouver Kingsway noted that any adults in the room could go to a liquor store and purchase enough alcohol to kill themselves. That is a legal thing, yet we are proposing an arbitrary 30-gram limit on cannabis, and if people step outside of that limit they would meet with the criminal justice system.
The member proposed decriminalizing the penalty section to bring it more in line with the Tobacco Act. Regarding the removal of the 100-centimetre plant height restriction, the member proposed that first but the Liberals decided they were going to vote against it so their own amendment to get rid of the 100-centimetre plant height restriction would pass and they could get all the credit for it. The member was also looking to allow the provinces to have the capacity to create their own licensing framework so that small producers and craft growers could exist within the government's legalization scheme. I certainly hope that, when the government members draft the regulations under the bill, they pay attention to the existing reality, especially in my home province of British Columbia. We have a number of dispensaries that are opening everywhere. This is just the reality on the ground. If the bill and the government fail to take notice of that reality, not much would be done to counter it.
It is very much a legal grey area that exists on Vancouver Island and, indeed, most of British Columbia. I certainly hope that there is room made so that this industry is not solely dominated by big weed producers that have an undue amount of influence on the government through their lobbying activities.
The other thing my colleague moved is to allow for the legalization of the sale of edibles. Government members have been very fond of quoting the Hon. Anne McLellan as the head of the task force. I would like to read into the record some of her testimony at the Standing Committee on Health. She stated:
Obviously, if you're concerned about public health....
If you want to move from the illicit market into a regulated legal market, then you have to offer the quality and choice that the illicit market can provide. It's fair to say that we heard that over and over again from a wide variety of people we talked to. There are public health reasons and public safety reasons why you would want to authorize or allow edibles in various forms.
That was said by none other than the chair of the task force.
The government claims that this bill is going to legalize cannabis, but I contend that this bill would merely make cannabis less illegal. In fact, more prohibitions would exist when this bill comes into law than currently exist under the Criminal Code or the Controlled Drugs and Substances Act. It is a bit of a misnomer to say that we are legalizing cannabis, because it is going to be very tightly regulated, and if someone were to step outside of the boundaries or the confines of this law, the punishments are quite severe. For example, a Canadian in possession of 31 grams would be a criminal, a person in possession of five cannabis plants would be a criminal, and an 18-year-old kid sharing a joint with a 17-year-old best friend would be a criminal.
The penalties associated with some of these offences under this “legalized regime” are extremely harsh, and I look no further than the 14 years that are provided for under clause 9 of the bill. I will read into the record the testimony at the Standing Committee on Health from John Conroy, the lead counsel in Allard v. Canada. He stated:
...having this maximum of 14 years, hybridized by indictment, and so on, is frankly totally unrealistic in terms of what goes on on the ground. Even in the Saskatchewan Court of Appeal, which is not known to be the most liberal court in the country, the range for trafficking, for example, is 12 to 18 months. Most sentences are up to two years. For tobacco and alcohol, all your maximums are two and three years.
Therefore, this 14-year provision is completely unrealistic and flies in the face of the government's stated aim to reduce the burden on our criminal justice system, especially when we would be operating under the constraints imposed by the Jordan decision of the Supreme Court of Canada.
The Criminal Code is going to be designed to regulate gardening. There was some very colourful testimony from defence lawyer Michael Spratt in that regard. When this bill comes into force, the criminal regime would still be quite onerous on our criminal justice system.
The government likes to say it operates in the spirit of being open, accountable, and transparent, but now we are operating under time allocation. I do not believe many members have had the chance to voice their concerns, all the while marching toward this arbitrary deadline of July 2018. We are doing a disservice to Canadians and our constituents who sent us to this House to make sure that the bill we pass is the very best possible.
We know the legalization regime is coming, but we owe it to Canadians to make sure it is done in the best way possible and recognize the government's stated objectives in this very bill. Clause 7 states that it would “deter illicit activities in relation to cannabis through appropriate sanctions and enforcement measures” and “reduce the burden on the criminal justice system in relation to cannabis”. Those are two stated objectives in clause 7, and there are very valid questions as to whether this bill would actually accomplish that. I do not believe we are able to fully explore those with a rushed committee process and a rushed process in this House. This is a revolutionary step to Canada's drug laws, so that is a disservice.
I will end by offering my qualified support for this bill, recognizing that a much better job could have been done, and when New Democrats form government in 2019, we will be looking to improve it.