House of Commons Hansard #183 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was opposition.

Topics

Extension of Sitting HoursGovernment Orders

8 p.m.

Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the amendment, which was negatived on the following division:)

Vote #288

Extension of Sitting HoursGovernment Orders

8:45 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

I declare the amendment defeated.

The next question is on the main motion. Is it the pleasure of the House to adopt the motion]?

Extension of Sitting HoursGovernment Orders

8:45 p.m.

Some hon. members

Agreed.

No.

Extension of Sitting HoursGovernment Orders

8:45 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

All those in favour of the motion will please say yea.

Extension of Sitting HoursGovernment Orders

8:45 p.m.

Some hon. members

Yea.

Extension of Sitting HoursGovernment Orders

8:45 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

All those opposed will please say nay.

Extension of Sitting HoursGovernment Orders

8:45 p.m.

Some hon. members

Nay.

Extension of Sitting HoursGovernment Orders

8:45 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

In my opinion the yeas have it.

And five or more members having risen:

(The House divided on the motion, which was agreed to on the following division:)

Vote #289

Extension of Sitting HoursGovernment Orders

8:55 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

I declare the motion carried.

The House resumed consideration of the motion that Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, be read the second time and referred to a committee, and of the amendment.

Cannabis ActGovernment Orders

8:55 p.m.

Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I am pleased to rise today in the House of Commons to express my support for Bill C-45, the cannabis act. With this bill, our government is fulfilling the promise that it made in the 2015 throne speech to legalize, regulate, and severely restrict access to marijuana for adults and keep it out of the hands of young people.

Let me begin my remarks by noting that three separate parliamentary reports have concluded that Canada's policy on criminalization creates harms that are disproportionate to the harms associated with cannabis use.

We first need to recognize that the existing system is not working. Canadians, including children and youth, have some of the highest rates of cannabis use in the world. The existing system allows the underground market to thrive, a market that is not regulated or tested and can be dangerous.

By providing regulated access to legal cannabis for adults only through a well-regulated industry or grown in limited amounts at home, our government's legislative proposal will address the disproportionate harms caused by the criminal prohibition of non-medicinal cannabis. Our goal is to protect public health and public safety of all Canadians, particularly young Canadians. Let me be clear. Bill C-45 would restrict youth access to both legal and illicit cannabis.

I would like to use the time I have been given to provide an overview of Bill C-45. The purpose of the bill, as set out in clause 7, is to protect public health and public safety. This bill is a departure from the approach based solely on criminal justice in that it provides a new regulatory framework to regulate and severely restrict access to cannabis while punishing those who conduct their activities outside the limits imposed by the bill.

Bill C-45 was developed bearing in mind our government's key policy objectives: to protect youth and to prevent them from accessing and using cannabis, to enhance public awareness regarding the risks of cannabis use, to deter illicit activities through appropriate measures proportionate to the crime, and to reduce the burden on the criminal justice system for minor cannabis offences.

Bill C-45 is divided into a number of parts.

Part 1 of Bill C-45 sets out the main criminal prohibitions, obligations, and offences relating to cannabis. More specifically, part 1 of the bill prohibits the possession, distribution, sale, production, importation, and exportation of cannabis.

For example, clause 8 of Bill C-45 establishes a general prohibition on cannabis possession, subject to certain restricted exceptions. One such exception permits adults aged 18 and older to possess, in a public place, 30 grams or less of dried legal cannabis or an equivalent amount of another form.

A young person would commit a criminal offence by possessing more than five grams of dried licit cannabis and would be subject to the application of the Youth Criminal Justice Act, which is based on principles of rehabilitation and reintegration.

Nevertheless, we are not supporting, nor are we promoting, the idea that youth should be allowed to possess five grams or less of cannabis. We are encouraging the creation of provincial and territorial offences for possession amounts below five grams for young persons, thereby providing authority for police to seize the cannabis from young persons. Provinces would also have the ability to increase the minimum age for possession that would apply in their respective jurisdictions.

Clause 9 of Bill C-45 creates a distribution offence. “Distribute”, as defined in section 2, includes administering, giving, transferring, transporting, sending, delivering, providing, or otherwise making available in any manner, whether directly or indirectly, and offering to distribute. Needless to say, this is a definition that restricts a wide range of activities.

Before I move on any further, Mr. Speaker, I will be splitting my time with hon. member for Scarborough Southwest. It is very important that we do that.

Distribution of any amount of cannabis that is known to be illicit is prohibited. So is any distribution of cannabis, whether licit or illicit, to a person under 18 years of age. Adults would be permitted to distribute or give up to 30 grams of legal dried cannabis or an equivalent amount of another class to other adults.

Part 1 of the act also sets out restrictions related to promotion, packaging, labelling, display, and sales of cannabis, as well as the obligations on those licensed to conduct activities under the act.

For instance, clauses 17 and 26 of the bill contain promotion and packaging prohibitions where there are reasonable grounds to believe that they could be considered appealing to youth.

Clause 29 also prohibits the display of cannabis, including its labelling and packaging, in any way that would allow youth to see it. Clause 30 contains a similar prohibition regarding the display of all cannabis accessories. Promotional information regarding the ingredients and THC and cannabidiol or CBD levels will be permitted.

The proposed restrictions on promotion are intended to protect youth from being persuaded through marketing or advertising to consume cannabis. At the same time, consumers need access to clear, objective information to help make informed decisions about consumption.

Part 2 of Bill C-45 sets out a general ticketing scheme applicable to adults who commit minor offences. This part would enable a peace officer to issue tickets to individuals who were 18 years of age or over or to organizations. A ticket would be issued to a person who committed a less serious offence related to possession, distribution, sale, or production.

For example, public possession over 30 grams and up to 50 grams of dried illicit cannabis or its equivalent would be subject to a ticket under proposed paragraph 51(2)(a). If the accused pays within the period set out in the ticket, it will be considered a plea of guilty to the offence described in the ticket, and the conviction will be entered into the judicial record of the accused. However, this judicial record must be kept separate and apart from other judicial records, and it must not be used for any purpose that would identify the accused as a person dealt with under the cannabis act. That is under clause 52.

The ability to issue tickets would limit criminal prosecution for less serious offences and reduce the burden on the police and the criminal justice system, resulting in fewer court delays. I know all members are very concerned about that.

Part 3 of the proposed act sets out a general licensing scheme for the production, distribution, sale, importation, and exportation of cannabis. Setting the parameters for the creation of a legal cannabis industry, part 3 would provide the Minister of Health with authority and discretion to process applications and to issue licences and permits for otherwise prohibited activities and to add licence conditions. Part 3 also includes grounds for the Minister of Health to refuse to issue or amend or to suspend or revoke a licence.

For example, under proposed paragraph 62(7)(a), the powers provide that the minister may refuse to issue, renew, or amend a licence or permit if doing so is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity.

Part 4 of Bill C-45 includes general authorizations for some cannabis-related activities. Clause 69 sets out minimum measures for the protection of public health and public safety that would need to be included in provincial legislation governing sale. In particular, a person who is authorized to sell cannabis under a provincial act must be required to only sell cannabis that has been produced by a person authorized under the federal cannabis act for commercial purposes, not sell cannabis to young persons, keep appropriate records, and take adequate measures to reduce the risk of cannabis that they possess being diverted to an illicit market.

Part 5, finally, would authorize the Minister of Health to issue orders to verify compliance, prevent non-compliance, and address issues related to public health and safety.

There are many other parts to this cannabis act to which my hon. colleagues will be speaking. I look forward to hearing their remarks, as I am sure my colleagues across the way do.

In closing, Bill C-45 delivers on the commitment our government made in the 2015 throne speech.

The bill proposes an effective and balanced framework for the legalization of cannabis and strict regulations that correspond to our government's objectives with respect to health and public safety, protecting children and youth, as well as criminal justice.

Cannabis ActGovernment Orders

9:05 p.m.

Conservative

Phil McColeman Conservative Brantford—Brant, ON

Mr. Speaker, how does the government propose to handle the production and distribution of cannabis from first nations? We have done a very poor job of controlling tobacco from first nations, to the extent that 62% of the product that is consumed in Canada is contraband tobacco coming from operations on first nations. How does the government propose to govern and handle the production from first nations?

Cannabis ActGovernment Orders

9:05 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, in fact, my hon. colleague put his finger on what is a central concern around the status quo of access to illicit cannabis. The whole objective of this act is to take cannabis out of the possession of criminal organizations and gangs, which pose a threat not only to indigenous communities but also to our youth, and to put it under a strictly regulated and governed distribution process.

Therefore, in answer to my hon. colleague, we will be working very closely with our provincial and territorial partners to ensure a robust regulatory system is in place to ensure the safe distribution from seed to sale.

Cannabis ActGovernment Orders

9:05 p.m.

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I thank my colleague for his speech.

As members of the House are aware, one of our concerns, one that we have been talking about for some time, has to do with the decriminalization of marijuana and the amnesty that will be granted subsequently. The Prime Minister himself has illustrated how his family's privileged connections allowed a member of his family to escape criminal charges that could have resulted from his recreational use of marijuana.

Can my colleague tell us why the government suddenly changed its tune? During the election campaign, the Prime Minister specifically said that amnesty and the possibility of wiping out the criminal records people could be saddled with for something that would be legal moving forward would be a cornerstone of the process to legalize marijuana. Now the Minister of Public Safety and Emergency Preparedness is saying the opposite.

Can my colleague explain why the government changed its mind?

Cannabis ActGovernment Orders

9:10 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, I have a lot of respect for my colleague, and I thank him for his question.

The question is a relevant one. What we have said is that to ensure there is proper regulation of cannabis, we need to remove it from the hands of criminals and ensure it is properly and safely regulated in co-operation with provinces and territories.

The problem with the decriminalization proposal put forward by the NDP is that it does not address that risk. As an interim measure, I do not think colleagues on the other side of the aisle want to see our youth or any community put at risk. That is why we are moving forward with Bill C-45 in this fashion.

Cannabis ActGovernment Orders

9:10 p.m.

Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, you will probably not be surprised to hear me say that I am very much opposed to this slapdash bill. Considering everything the experts, including health professionals, have said about it, it is hard to understand why this bill even exists.

I have a very simple question for the member. I have been hearing from landlords all over Quebec and especially in my region. They all want to know if the government, which we know had some kind of plan, has given any thought to measures to support landlords who do not want people growing or using cannabis in their buildings. Is there anything at all in this bill, even just a single line, to protect landlords?

Cannabis ActGovernment Orders

9:10 p.m.

Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, I thank my colleague for his question. What he said is not true. A lot of research, expert testimony, and work went into drawing up this bill. We on this side of the House are very proud of this bill. We are working with the provinces and municipalities to create a regulatory system.

Cannabis ActGovernment Orders

9:10 p.m.

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalParliamentary Secretary to the Minister of Innovation

Mr. Speaker, I am very pleased to rise today to support this bill.

First, I would like to congratulate the Minister of Justice and her parliamentary secretaries, especially the hon. member for Scarborough Southwest, for all their work on this bill.

Bill C-45 is important legislation that delivers on a core commitment of our government, to introduce legislation to legalize and strictly regulate cannabis in order to keep it out of the hands of youth and to keep profits from gangs and illegal elements of society.

Bill C-45 would move Canada forward in addressing the health and social harms that result from the current failed approach to cannabis. It would help reduce the role that organized crime currently plays in the production and distribution of cannabis in Canada. In addition it would place our government in a better position to protect the health and safety of Canadians, particularly youth.

Last spring, our government established the task force on cannabis legalization and regulation. The task force was given a mandate to consult broadly across Canada with experts in law enforcement and public health, as well as with community groups and ordinary Canadians. Over 30,000 responses were received by the task force through an online consultation. In its final report, released this past December, the task force was clear that the current approach to cannabis was simply not working.

Canadians, both youth and adults, use cannabis at high rates. Many do so without fully understanding the associated risks. They obtain their cannabis illegally, to the benefit of organized crime. The products they obtain are often produced in dangerous environments, without any regard for quality or the health of the consumer.

The science is clear: there are risks associated with cannabis consumption. Although some people use cannabis for therapeutic purposes, it can pose a serious health risk, especially for young people.

We know that these risks notwithstanding, a portion of the Canadian population chooses to consume cannabis just as they engage in other behaviours that can be detrimental to their health.

The question for us, then, as parliamentarians is how best to mitigate these risks and better protect the health and well-being of Canadians.

Our government believes that the answer is not in continuing to criminalize the possession of small amounts of cannabis. Such a policy would only serve to compound its public health and safety risks. Instead, Canadians will be better served by adopting a public health approach. Such an approach would involve a controlled and strictly regulated system, with clear standards and requirements and backed with appropriate oversight and strong public education efforts. It is precisely this type of framework that Bill C-45 sets out to establish in Canada.

I will repeat that the consumption of cannabis is not without risks.

These risks have the potential to increase significantly, depending on a number of factors, including age at which use begins, frequency of use, duration of use, and the amount used. For example, youth are especially vulnerable, as their brains are still developing, and this health risk increases when they begin to use cannabis in early adolescence.

Particular health risks are also posed by illegally produced cannabis. Criminals do not worry about producing cannabis in a clean environment so that it is not contaminated with mould, bacteria, or heavy metals. They do not label their products to clearly communicate information about potency. They only care about making a profit and not getting caught.

Our government is serious about mitigating the risks and dangers of cannabis consumption. That is why an education campaign about cannabis for the general public is already under way.

Our government has adopted a proactive approach to education and public awareness by using social media to convey messages about drug-impaired driving and by inviting parents to have conversations with their children about drugs.

Through this public education campaign, our government is also addressing the issue of addiction. We want to enhance the knowledge that the public has about addiction to help Canadians understand the risks associated with cannabis use, especially for youth and other vulnerable populations. Our government also wants to provide Canadians with the information they need to make informed decisions about the choice to use cannabis.

Minimizing the harms and risks associated with cannabis use is also why Bill C-45 includes a number of powers that would allow our government to regulate the legal market. Under the bill, the Minister of Health would have the power to set regulatory requirements to address a broad range of health and safety issues. This includes requiring that cannabis be produced in a clean and sanitary environment and that it be appropriately packaged, with clear information on the label with regard to product potency and important health information.

Until now, my comments have focused on the effects of cannabis on health, and I explained how a public health approach would be better for mitigating those risks.

However, I now want to talk about how the existing approach to cannabis poses a unique threat to public health and safety. The existing approach aggravates the risks of cannabis because it creates a dynamic in which Canadians who decide to use cannabis are forced to do business with criminals, some of whom may have ties to organized crime. That exposes Canadians to the risk of violence and other criminal activities, including illegal drugs that are even more harmful than cannabis.

There is also a danger posed by large illegal grow operations, including those that are found in suburban neighbourhoods. This underground illegal activity can result in serious public health and safety issues, including explosions, fires, and damage to property.

Concern about these public health and public safety risks is shared by many Canadians, which is why our government is moving forward with its commitment to legalize and strictly regulate cannabis within a co-operative framework with the provinces, territories, and municipalities.

By introducing Bill C-45, our government is making Canadians' health and safety a top priority, as demonstrated by the fact that the very essence of this bill is based on a public health approach.

The regulatory measures set out in Bill C-45 are consistent with the recommendations made by the working group. They seek to better protect Canadians from the health and safety risks associated with marijuana, restrict access to cannabis, particularly for young people, and reduce the profits generated by the black market.

Bill C-45 would put strict rules in place across the entire commercial supply chain for cannabis production, distribution, and retail sales. It would provide the government with the ability to strictly regulate the safety and quality of cannabis products and to place limits on its promotion, packaging, and labelling in order to reduce its appeal to youth.

With this bill, our government will also put in place a seed to sale tracking system in order to monitor cannabis products as they pass from one stage to another in the supply chain, from the growing of marijuana to its retail sale. This system will prevent cannabis from being diverted to an illicit market and prevent illegal cannabis from entering the legal supply chain. The system will also make it possible to order the recall of products and remove them from the market.

Bill C-45 proposes a comprehensive approach for the oversight and control of cannabis that would provide Canadians with access to a legal source of cannabis that is strictly regulated for safety and quality. As with all products regulated in Canada, including food, medicine, and consumer products, Canadians should be able to have access to cannabis that they know meets minimum standards for safety and quality.

Colleagues, by establishing a robust regulatory framework for legal access to cannabis, supported by a strong public education and awareness campaign, Bill C-45 provides an opportunity for Canada to significantly reduce these risks and to better protect its youth.

My three children are 20, 18, and 16, so I deal with this challenge every day. I sincerely believe that this science-based, evidence-based bill is the best way to regulate and control cannabis.

Cannabis ActGovernment Orders

9:20 p.m.

Conservative

Alain Rayes Conservative Richmond—Arthabaska, QC

Mr. Speaker, I will not repeat how utterly opposed I am to this bill because I think everyone here already knows. However, I would like to ask my colleague a question. He said something very interesting at the end of his speech, when he touched on his personal life.

I too have three children. His are older than mine. He talked about how important it is for this bill to be based on science, research, and real data, but there is a universal consensus among scientists that consuming marijuana is dangerous for people under 25. Nevertheless, the bill will make it legal for 18-year-olds to use marijuana.

If my colleague is really sincere, then if nothing else, he should turn to his colleague who sponsored the bill and ask him to raise the minimum age to 25. If he does that, then he can go ahead and talk about science.

Cannabis ActGovernment Orders

9:25 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, everything I said was very sincere. It is clear that the existing system is not working for teenagers. They can get cannabis anywhere. It is very easy to find.

At 18, they have the right to vote and fight for their country. At 18, they are adults capable of making all kinds of personal choices.

Cannabis ActGovernment Orders

9:25 p.m.

NDP

Wayne Stetski NDP Kootenay—Columbia, BC

Mr. Speaker, back in March, I held a telephone town hall in my riding of Kootenay—Columbia, and 3,300 people stayed on the phone for an hour. There was a great deal of interest in the riding. I had a panel of experts that they could phone as well.

One of the concerns that was really prominent in my riding was trying to ensure that small growers, which are very prevalent in parts of my riding, continue to have a role in the future of legalizing cannabis in Canada. If not, I can pretty well guarantee that there will continue to be a black market for marijuana.

I am interested in the member's views on trying to ensure that co-ops and small growers are part of the future.

Cannabis ActGovernment Orders

9:25 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, we will have to work with the provinces. In terms of the actual distribution system, we will work closely with the provinces, territories, and municipalities to ensure that a system is put in place that takes into account the desires of the province in terms of distribution.

In this particular case, we have given the right to individuals to have up to four plants. After that, we will work with our partners to fill out the rest of the system.

Cannabis ActGovernment Orders

9:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, this is my first opportunity to rise in debate on Bill C-45. I do think the government has achieved a good balance on this overall. It is appropriate that there are many gaps to be filled in by provincial regulation.

I am particularly concerned that a product that has such high profit margins not be overtaken and run by the cigarette industry or any of the existing large corporations that could force out, as my colleague the member for Kootenay—Columbia mentioned, smaller producers. In my own area of southern Vancouver Island, there are many people in what might be described as a craft industry of edibles for pain relief. They are enormously rigorous about what they produce. I would not want to see them forced out by large corporate interests.

However, I do have one concern about the legislation as drafted, and I wonder if it is open to amendments. The punishments found in the bill for those who violate provisions of this bill could involve indictable offences and prison sentences of up to 14 years. These strike me as excessive. I wonder if the government is open to amendments.