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

Genetically Modified FoodsPetitionsRoutine Proceedings

12:20 p.m.

Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Mr. Speaker, I rise to table a petition from my constituents with regard to genetically modified foods.

The petitioners are calling on the House of Commons to establish mandatory labelling of all genetically modified foods.

The EnvironmentPetitionsRoutine Proceedings

12:20 p.m.

NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, I rise today to present two petitions from my riding of Nanaimo—Ladysmith.

The first petition calls on the federal government to act on the long-standing and unresolved issue of abandoned vessels. Repeated promises for at least 14 months in this chamber have not yet been met by a legislative solution. Despite goodwill expressed on the other side of the House, there is still no change for coastal communities threatened by the economic and environmental risk of oil spills and the blight of abandoned vessels.

I recommend again that the government act quickly and legislate an end to this problem.

My second petition is directed to the Minister of Transport in response to the threat posed by five new commercial bulk anchorages proposed for the beautiful and pristine shore of Gabriola Island. These are to facilitate coal exports from Wyoming to China to burn in power plants.

The petitioners decry the environmental impact and the threat to the commercial and sport fishery in the region, and they urge the Minister of Transport to have the commercial bulk anchorage application withdrawn.

HIV/AIDSPetitionsRoutine Proceedings

12:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is my honour to rise in the House today to present two petitions.

The first petition is from residents within Saanich—Gulf Islands calling for the government to pursue a strategy that has been proven effective. The threat of HIV/AIDS is not completely history. We have made progress, but we need to stay vigilant.

The petitioners are calling for a national program, a national AIDS strategy based on the proven principle of treatment as prevention.

41st General ElectionPetitionsRoutine Proceedings

12:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the second petition is about an issue that some may also think is history, but it is still an issue where our democracy has failed to come to grips with what occurred in the 2011 election.

The petitioners call on the government to empower and put in place a royal commission into electoral fraud that took place. Of the so-called robocalls, some were personal calls, but every single call was a violation of the Elections Act, and we still have not had an independent inquiry. The petitioners ask us to address this.

Physician-Assisted DyingPetitionsRoutine Proceedings

12:25 p.m.

Conservative

Mark Warawa Conservative Langley—Aldergrove, BC

Mr. Speaker, I am honoured to present two petitions.

The first petition is relating to conscience protection for physicians and health care institutions. It highlights that, at the Special Joint Committee on Physician-Assisted Dying, the witnesses repeatedly asked for conscience protection; that the Charter of Rights and Freedoms protects the freedom of conscience and freedom of religion; that presently in Canada physicians' freedoms are under attack, particularly in Ontario where the College of Physicians and Surgeons is.

The petitioners are calling on this Parliament to enshrine in the Criminal Code the protection of conscience for physicians and health care institutions, to protect them from coercion and intimidation.

Impaired DrivingPetitionsRoutine Proceedings

12:25 p.m.

Conservative

Mark Warawa Conservative Langley—Aldergrove, BC

Mr. Speaker, I am sorry. I am shocked that this is happening in Canada, and I pause.

The second petition is about vehicular homicide. It highlights, sadly, that 22-year-old Kassandra Kaulius was tragically killed by an impaired driver who chose to drive while drunk. Kassandra's family members are devastated, and they are part of an association called Families for Justice.

The petitioners are calling for the crime of driving impaired and killing someone to be called vehicular homicide, and they are calling for mandatory minimum sentences to give guidance to the courts to make sure there is an appearance of justice upon conviction.

Immigration, Refugees and CitizenshipPetitionsRoutine Proceedings

12:25 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I rise to table a petition that was initiated by Scott Fenwick, the executive director of STAND Canada, a youth-led, anti-genocide organization. In four short months, this petition gathered 2,300 signatures.

The petitioners recognize that starting only 30 days after their arrival, refugee families are required to pay back, with interest, the costs of their transportation loan to Canada, which severely hurts their ability to adapt and to thrive in Canadian society. Some 40% of all loan recipients have left school and language training programs in order to work and repay their loans. Faced with such limited resources, 76% of the government-sponsored refugees have used social assistance to repay their loans.

The petitioners call on the government to waive the travel loans for all refugees admitted into Canada and to view all refugees of any nationality fleeing conflict as equal refugees so they all will be able to get the loan waived. They also call on the government to increase funding for mental health, language training, child care, and other integration supports for all refugees who arrive in Canada.

Firearms RegistryPetitionsRoutine Proceedings

12:30 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, I am honoured and pleased today to stand with the petition I am presenting on behalf of law-abiding target shooters, hunters, trappers, farmers, and collectors.

The petitioners call on the Minister of Public Safety to increase their representation on the Canadian firearms advisory committee. At the moment, out of the 10 who are on the minister's committee, only two actually have a firearms background. The vast majority support stricter gun control and are members of the Coalition for Gun Control.

Questions on the Order PaperRoutine Proceedings

12:30 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I would ask that all questions be allowed to stand.

Questions on the Order PaperRoutine Proceedings

12:30 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

Is that agreed?

Questions on the Order PaperRoutine Proceedings

12:30 p.m.

Some hon. members

Agreed.

Cannabis ActGovernment Orders

12:30 p.m.

Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

moved 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.

Mr. Speaker, it is my privilege to speak today to Bill C-45. The bill proposes a framework to restrict and strictly regulate access to cannabis in order to protect the health and safety of Canadians, to keep cannabis out of the hands of young people, and to keep the profits out of the hands of criminals.

I introduced Bill C-45 on April 13, alongside another important piece of legislation, Bill C-46, which proposes new and stronger laws to more seriously tackle drug and alcohol impaired driving.

In the 2015 Speech from the Throne, our government committed to legalizing, strictly regulating, and restricting access to cannabis. This commitment is motivated by a recognition that Canada's existing approach to cannabis, one of criminal prohibition, is not working. It has allowed criminals and organized crime to profit, while failing to keep cannabis out of the hands of young Canadians. In many cases, it is easier for kids to buy cannabis than cigarettes or a bottle of beer.

Statistics tell us that the current system of criminal prohibition is failing. Youth in Canada use cannabis at some of the highest rates in the world. A 2013 UNICEF report found that teenagers in Canada used cannabis more than teenagers in any other developed country. The 2015 Canadian tobacco, alcohol and drugs survey found that 21% of Canadian youth aged 15 to 19 and 30% of young adults from age 20 to 24 reported using cannabis.

The current approach to cannabis has created an environment where organized crime reaps billions of dollars in profits from the sale of illicit cannabis, and thousands of Canadians end up with criminal records for non-violent minor cannabis offences each year.

A majority of Canadians no longer believe that simple possession of small amounts of cannabis should be subject to harsh criminal sanctions, which can have lifelong impacts for individuals and take up precious resources in our criminal justice system. Our government agrees that there is a better approach.

Bill C-45 would pave the way for Canada to become the first G20 country to enact legislation to legalize and strictly regulate cannabis at the national level. The overall goal would be to protect the health and safety of Canadians, with a particular focus on protecting young people. Our government understands the complexity of this initiative. That is why we have taken a cautious evidence-based approach.

To ensure that our legislation would be informed by evidence, my colleagues, the Minister of Public Safety and Emergency Preparedness and the Minister of Health, and I announced the creation of a task force on cannabis legalization and regulation on June 30, 2016. Its mandate was to advise our government on the design of a regulatory system.

The task force conducted extensive consultations across the country, visited the states of Washington and Colorado, both of which have legal access to cannabis for non-medical purposes, and considered nearly 30,000 online submissions sent in by Canadians. It also sought the views of a diverse community of experts, professionals, advocates, front-line workers, youth, indigenous communities and organizations, government officials, law enforcement, citizens, and employers, as set out in its mandate.

All Canadians owe a debt of gratitude to the chair of the task force, the Hon. Anne McLellan, and the eight other distinguished members, all experts in their own right and all of whom volunteered significant amounts of their time throughout the second half of 2016.

The task force delivered its final report on December 13, 2016, entitled, “A Framework for the Legalization and Regulation of Cannabis in Canada.” The chair described this final report as the result of a truly national collaboration, featuring a diversity of opinions and expertise expressed by those who gave their time and reflections.

I would invite members who may wish to inform themselves of the complex and cross-cutting issues and challenges associated with cannabis legalization to have a look at this substantive piece of work. The report has been very well received, is comprehensive, and provides important background information on the issues this bill seeks to address.

The task force is comprised of over 80 recommendations for the development of the cannabis framework in Canada. It reflects a public health approach aimed at reducing harm and promoting the health and safety of Canadians.

The recommendations fall under five themes:

First, in taking a public health approach to the regulation of cannabis, the task force proposed measures that would maintain and improve the health of Canadians by minimizing the potential harms associated with cannabis use.

Second, the task force called for the creation of a safe and responsible supply chain and recommended the design of an appropriate distribution system. The task force noted that the government's principal interest should be to establish an efficient, accountable, and transparent system for regulatory oversight of the supply chain, emphasizing the protection of health and safety and reducing diversion to the illicit market. It recommended that wholesale distribution of cannabis be regulated by the provinces and territories.

Third, the task force highlighted the need for clear enforceable rules to ensure that all Canadians and law enforcement agencies understood what was permitted and what continued to be prohibited under the new legal regime. The task force also heard that penalties for contravening the new rules would need to be proportional to the contravention and that the criminal justice system should only be employed where truly necessary.

Fourth, the task force recommendations for a regulatory framework for non-medical cannabis were informed by the existing rules governing the medical system. These rules establish safeguards to ensure product quality and security, as well as safety provisions to prevent diversion.

Fifth, the task force report underscores that the regulation of cannabis is a complex public policy issue. As with other such issues, the depth and scale of the complexity increases as we turn to the practicalities of implementation. Our government recognizes that it will be necessary for all levels of government to coordinate efforts in order to implement an effective regime. We remain committed to working with our provincial and territorial counterparts, as well as with municipalities, to develop a framework that strictly regulates access to cannabis in a way that works for everyone involved.

Building on the recommendations of the task force on cannabis legalization and regulation, our government has proposed legislation that pursues a new approach to the regulation of cannabis. The approach sets national standards and will be more effective at protecting public health and safety, keeping cannabis out of the hands of youth and reducing the role of the illegal market and organized crime.

Our government's commitment to legalize and strictly regulate cannabis marks a major change for Canada. However, I am convinced that what is proposed in Bill C-45 is the best approach for Canadians.

I would like to speak to a few components of Bill C-45.

I will begin by highlighting the overarching purpose of the bill. Simply put, its purpose is to protect the health and safety of Canadians. Specifically, it aims to protect the health of young people by restricting their access to cannabis; to protect young people and others from advertising and other promotional activities that are likely to encourage them to use cannabis; to provide for the lawful protection of cannabis to reduce illegal activities in relation to cannabis; to deter illegal activities in relation to cannabis through appropriate sanctions and enforcement measures; to reduce the burden on the criminal justice system in relation to cannabis; to provide Canadians with access to a quality-controlled supply of cannabis; and to enhance public awareness of the health risks associated with cannabis use.

I want to emphasize that while our government is legalizing cannabis, we are also strictly regulating and restricting access to it.

Bill C-45 would create a new legal framework that would allow adults to access legal cannabis through an appropriate retail framework, sourced from a well-regulated industry or grown in limited amounts at home. Adults 18 years or older would be permitted to legally possess up to 30 grams of legal dried cannabis in public, or its equivalent in other forms. Adults could also legally share up to 30 grams of dried cannabis, or its equivalent, with other adults. Selling, or possessing cannabis to sell it, would only be lawful if authorized under the act. Under no circumstances could cannabis be sold or given to a young person. Production of cannabis would also have to be authorized under the act.

Possession, production, distribution, importation, exportation, and sale outside the legal framework would be illegal and subject to criminal penalties. These penalties would be proportionate to the seriousness of the offence, ranging from ticketing up to a maximum penalty of 14 years' imprisonment. This reflects a measured approach to meet our legislative objectives.

Bill C-45 would exempt young persons who possess up to five grams of cannabis from criminal prosecution. Our government has proposed this approach because we do not want to expose young people to the criminal justice system for possessing what amounts to very small amounts of cannabis.

For possession or distribution of more than five grams, young people would be subject to the provisions of the Youth Criminal Justice Act, which emphasizes community-based responses that promote rehabilitation and reintegration. For less serious offences, alternatives to charging would be encouraged, such as taking no further action, warning the young person, or referring the young person to a community program or agency to help address the circumstances underlying the offending behaviour.

Moreover, our government would be engaging with the provinces and territories to encourage them to create provincial offences that would apply to youth possession under five grams of cannabis. This would provide police with the authority to seize cannabis from a young person while not subjecting the person to the consequences of criminal liability for these small amounts. This would be similar to the approach that has been taken in the context of alcohol.

Such a measured approach for youth is consistent with the task force report, which stated that simple possession for youth should not be a criminal offence but that sanctions should focus on adults who provide cannabis to youth. It is also consistent with the substantive body of evidence concerning the heightened risks of cannabis use for young persons, including the effects on brain development. This approach would also address our objective of keeping cannabis out of the hands of youth while ensuring that they do not enter the criminal justice system for minor possession offences.

Bill C-45 would allow cannabis producers to promote their brands and provide information about their products, but only where young persons would not be exposed to it. These limits are reasonable. They would allow adult consumers to make informed decisions, but they respond to the greater risks cannabis poses for young people.

Under the proposed legislation, the federal, provincial, and territorial governments would all share responsibility for overseeing the new system. The federal government would oversee the production and manufacturing components of the cannabis framework and would set industry-wide rules and standards.

Provinces and territories would generally be responsible for the distribution and sale components of the framework. They would also be able to create further restrictions as they saw fit, including increasing the minimum age in their jurisdictions to, for example, align with the drinking age, and lowering possession limits for cannabis, which could be pursued to further protect youth. Further, the provinces and territories, along with the municipalities, could create additional rules for growing cannabis at home, including the possibility of lowering the number of plants allowed for residents and restricting the places in which cannabis could be consumed.

In addition to working with the provinces and territories to establish a secure supply chain, jurisdictions would be key partners in our government's efforts to raise public awareness about the potential risks associated with cannabis use.

Our government believes in evidence-based policy. We would monitor patterns of and perceptions around cannabis use among Canadians, especially youth, through an annual Canadian cannabis survey. The data gathered would inform and refine public education and awareness activities to mitigate the risks and harms of use. In this regard, as spelled out in budget 2017, existing funding of $9.6 million would be directed to public education and awareness and monitoring and surveillance activities.

Our government intends to offset the broader costs associated with implementing this new system by collecting licensing and other fees and through revenues generated through taxation. This is currently what we do with the tobacco and alcohol industries.

Subject to approval by Parliament, our government intends to bring the proposed legislation into force no later than July 2018. At that time, adults across Canada would be able to legally possess up to 30 grams of dried cannabis, or its equivalent, when in public. They could share up to 30 grams of dried cannabis, or its equivalent, with other adults. They would be able to purchase dried or fresh cannabis or cannabis oil from a provincially regulated retailer, or, in jurisdictions that have not put a regulated retail framework in place, online from a federally licensed producer. Adults could choose to grow up to four cannabis plants per residence, subject to a height restriction of one metre. They could also make legal cannabis-containing products, provided that dangerous solvents were not used.

Upon the legislation coming into force, adults would be able to legally purchase fresh and dried cannabis, cannabis oils, and seeds or plants for cultivation. Other products, such as edibles, would become available at a later date, once federal regulations for their production and sale were developed.

I would note as well that the current program for access to cannabis for medical purposes would continue under the new act. This is in keeping with the task force recommendation to initially maintain a separate medical access framework to support patients.

Our government has been clear that to meet its objectives of keeping cannabis out of the hands of kids and the profits out of the hands of criminals, there needs to be a legal means by which adult Canadians can purchase cannabis. Our government's objective is to provide room for the provinces and territories to establish distribution and retail systems that align with their unique circumstances.

Recognizing that some provinces and territories may not have systems set up and running upon royal assent, our government is proposing to facilitate access for Canadians to a regulated, quality-controlled supply of cannabis through a secure mail system via existing licensed producers.

I would like to conclude by encouraging all members to support Bill C-45. I know that the status quo is not working. All members of this House understand that we must do better, especially for our youth. The proposed legislation represents a balanced approach designed to protect the health and safety of Canadians. It would provide adults with regulated access to legal cannabis while restricting access by youth. It would put in place strict safeguards to protect youth from being encouraged to use cannabis and would create new offences for those adults who either provide cannabis to youth or use youth to commit cannabis-related offences.

By reducing demand in the illicit market, the proposed regime would also cut the profits of criminal organizations that are benefiting greatly from the current regime.

Bill C-45 would also help reduce the burden on police and the criminal justice system with respect to non-violent minor offences. In addition, the bill proposes to strengthen laws and enforcement measures to deter and punish more serious cannabis offences, particularly selling and distributing to youth and selling outside the regulatory framework.

Following the debate at second reading, I urge all members of the House to support BillC-45 at second reading and refer it to committee.

Cannabis ActGovernment Orders

12:50 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I have two quick questions for the Minister of Justice. She indicated that this whole bill is based on evidence-based policies. She said that is the policy of her government. She must be aware of the fact that the Canadian Medical Association has already come out with its stand on this, which is that the use of cannabis has significant psychological impacts on brain development until the age of 25. In addition, the Canadian Pediatric Society considers that young people using marijuana, up to age 25, are jeopardizing their brain health. If it is evidence-based policy, would she not agree that this is completely inconsistent with that?

She mentioned on at least six occasions during her speech that the Liberals were very interested in protecting youth. Is there any easier way for young people to get marijuana than if their parents have four plants in the kitchen? Is there any easier way for them to have access than that?

Cannabis ActGovernment Orders

12:50 p.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, I am very pleased to have introduced Bill C-45. It is an evidence-based piece of legislation that seeks to put in a complex regime to legalize and strictly regulate cannabis in this country. It is based on a substantive task force report. The task force travelled across the country and received over 30,000 submissions with respect to how we can put in place a complex regime for legalization.

In terms of evidence on the legal age for being able to access a legal supply of cannabis, this was something the task force weighed in on with respect to the necessity of protecting the health and safety of young people and recognition of the impacts there may be on brain development. We had to balance that reality with another reality, which is that the greatest number of individuals who are currently smoking or using cannabis are young people. We had to balance the two realities in terms of our position with respect to legalization and regulation.

With respect to homegrown cannabis and having four plants one metre high, this legislation would provide the ability to grow cannabis in one's home, recognizing that people would, as they do with prescription drugs or alcohol, provide security and safety measures so that young people, who may or may not live in that home or access that home, would be protected against having access to those—

Cannabis ActGovernment Orders

12:50 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

Questions and comments, the hon. member for Cowichan—Malahat—Langford.

Cannabis ActGovernment Orders

12:50 p.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I was pleased to hear in the minister's speech on Bill C-45 that she noted that criminal prohibition is not working and is indeed failing. She also noted that the majority of Canadians support the end of criminal prohibition and punishment. Indeed, going back to the Liberal platform of 2015, it noted that, “arresting and prosecuting these offences is expensive for our criminal justice system. It traps too many Canadians in the criminal justice system for minor, non-violent offenses.”

The Liberals have repeatedly said that they want to legalize, strictly regulate, and restrict access to keep cannabis out of the hands of kids and the proceeds out of the hands of criminals. I accept that. I do not think the minister will find any argument in this House against that.

In the minister's preamble, she seems to have made a very strong case for decriminalization. She has acknowledged the harms criminal prohibition and punishment do to our society, particularly to youth and racialized Canadians.

The government has now been in power for almost 20 months. Many regimes around the world have instituted decriminalization quite well. I still have not heard a good argument from the Liberal government as to why it will not institute this as a good interim measure on the road to legalization.

Cannabis ActGovernment Orders

12:55 p.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, I thank my hon. colleague for reiterating why we are introducing this legislation. We are committed to legalizing, strictly regulating, and restricting access to cannabis. The reason, as the member clearly articulated, is to keep it out of the hands of children and the proceeds out of the hands of criminals. By simply decriminalizing right now, we would not be able to achieve those objectives. That is why we are working very diligently, benefiting from the substantive input we received from the task force and Canadians right across the country, to ensure that we put in place, working with the provinces, territories, and municipalities, this complex regime for the legalization and strict regulation of cannabis. That is what we are focused on. We are very hopeful that this legislation will move through the parliamentary process and that we will have a legal regime in this country to achieve the objectives I stated in my remarks: keeping cannabis out of the hands of kids; keeping the proceeds out of the hands of criminals; and ensuring that for minor possession offences, we are not criminalizing young people and adults.

Cannabis ActGovernment Orders

12:55 p.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, what the hon. justice minister says is very nice, but it does not accurately reflect what is in the bill, specifically with respect to keeping cannabis out of the hands of children and youth. With respect to the four plants in the household, if the minister would refer to poisoning data, she would see that kids eat plants all the time, because their parents do not put them up in the cupboard. In addition, we also have a provision in this bill to allow 12- to 17-year-olds to have up to five grams of cannabis, which I understand is about 10 joints. Does the minister not agree that this would put cannabis in the hands of youth? In fact, they would probably become the drug mules at the school.

Cannabis ActGovernment Orders

12:55 p.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, I want to be clear. There is nothing in Bill C-45 that would provide the legal ability for young people under the age of 18 to access cannabis.

In terms of the four plants that the member referenced, as I noted in the previous question, it is certainly necessary and the responsibility of adults in the home to take precautionary measures to prevent young people from gaining access to plants, as they do for alcohol or prescription drugs.

In terms of the five-gram limit that the hon. member mentioned, this is so as not to criminalize young people for possibly having less than five grams of cannabis in their possession. We are working very closely with the provinces and territories, encouraging them to put in place offences in terms of possession of less than five grams for young people, along the same lines as what happens with alcohol.

We are going to continue to have these conversations with the provinces and territories to ensure that we are covering all of our bases and that this complex regime is put in place and recognizes the differences between and among the different provinces and territories potentially using the permissive nature of the legislation to adapt to their respective jurisdictions, whether it be around age or around home grow.

Cannabis ActGovernment Orders

12:55 p.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, I thank the minister for her speech on Bill C-45. My concern all along, since news of this bill first broke, is that the Liberals have not announced any new funds for prevention.

We are told that the bill is meant to protect young people and their health and to restrict their access to marijuana, but what I am hearing on the ground from youth workers, including the ones working in youth shelters, and those who work with young offenders or in the field of mental health and addictions, as well as teachers, is that more money is needed for prevention.

The government announced less than $2 million a year, and this bill does not even target just marijuana, but all drugs and everything that happens in the area of health. The state of Colorado invested $45 million in 2015 alone for its bill to legalize marijuana.

This bill lacks vision. It trivializes the impact this could have on mental health, social behaviours, and the lives of young people. The minister mentioned that there could be effects on brain development. Scientists are still studying the effects associated with the consumption of various quantities of THC. We need to have the means to match our ambitions. I am hoping to see the government invest more money. The last budget provided nothing for prevention, even though that is crucial—

Cannabis ActGovernment Orders

1 p.m.

Conservative

The Deputy Speaker Conservative Bruce Stanton

Order. I regret that the hon. member's time has expired.

The hon. Minister of Justice.

Cannabis ActGovernment Orders

1 p.m.

Liberal

Jody Wilson-Raybould Liberal Vancouver Granville, BC

Mr. Speaker, I really appreciate the question from my hon. colleague across the way in terms of prevention. I could not agree more that our government needs to continue the work we are doing, building on the work of the task force that raised awareness around the legalization and regulation of cannabis. We are ensuring that we are taking a public health and safety approach and that we use the $9.6 million that was mentioned in budget 2017, while also recognizing that we are going to have to continue, and are committed to continuing, to have a broad-based public education campaign that speaks to the detrimental impacts of cannabis on brain development and speaks to the impacts on and relationship to mental illness.

I know my colleague, the Minister of Health, is committed to continuing this discussion. She will be presenting to this hon. House in a couple of days, and I would invite my colleague to ask her about the specific measures. However, this is a firm commitment by our government that, when putting in place a complex regime for the legalization of cannabis and strict regulation, we will do the necessary work to ensure that we are communicating effectively and providing the education measures that are required for Canadians to understand the regime we are putting in place.

Cannabis ActGovernment Orders

1 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I am pleased to rise in the House today to share some thoughts regarding Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts.

Essentially the bill proposes to regulate and legalize the production, possession, use, and distribution of marijuana across Canada. The government is on record saying it wants to implement this by July of next year. The government's decision to move hastily on such an important piece of legislation concerns me.

Let me be clear, this marijuana bill will have far-reaching impacts on every part of our society. It is imperative that before proceeding with the significant changes to the Criminal Code, a thorough debate takes place in the House for all members who wish to speak.

I would like to take a minute to outline some of the areas of concern that I have with the legislation. One of the major issues I have with the legislation is the fact that it will be putting children at risk of having much greater access to marijuana. I am sure this concern resonates with parents of young children and teenagers. While the government has consistently touted that one of its objectives is to prevent young people from accessing cannabis, in reality the bill does just the opposite.

Clauses 8 and 9 of the legislation are a perfect example. These provisions state that it is prohibited for an individual to possess or distribute more than four cannabis plants that are not budding or flowering. This means that it will be legal for people to grow at least four marijuana plants inside their homes. I do not know of any easier way, and I said that in my question, for children to access marijuana than in that way.

Unlike prescription pills, which people can put away, marijuana plants, by definition, have to be out in the open. I cannot imagine any easier way for children to get hold of marijuana than when their parents are starting to grow it in the kitchen.

My concerns for children and teenagers do not end there. Let us consider the dangers for young people who may come in contact with marijuana edibles. This is an issue that is not properly addressed in Bill C-45. I have seen photographs, as I am sure other members have, of these edibles. They are indistinguishable from candy treats or baked goods that are often found on the kitchen counter, in the kitchen cupboard, or even in a cookie jar, enticing prizes for young children. They are so convincing that an adult could mistake a pot edible for the real thing.

The possible health risks for children ingesting these kinds of edibles cannot be underestimated. According to health care professionals, such as Dr. Robert Glatter, the consumption of multiple servings of edibles at one time, for any age group, results in various potential psychological effects, not to mention the possibility of over-sedation, anxiety, or psychosis. Ingesting multiple servings in a short time span can also produce intense anxiety, paranoia, and even psychosis. These adverse side effects are more frequent among first-time users.

If these are the health risks that affect adults ingesting edibles, one can only imagine the danger they pose to children who are almost certainly going to be first-time users. In fact, experts from the Department of Justice have attested that edibles pose significant risks to the health of children. Clearly, the entirely plausible chance that children may accidentally ingest these edibles deserves a more careful examination by the members of the House.

Another illogical aspect of the legislation that the government must address is the ambiguous rules regarding the quantity of marijuana that children may legally possess. As we have heard, according to Bill C-45, paragraph 8(1)(c), children under the age of 18 are prohibited from possessing the equivalent of five grams of marijuana or more.

What happens when a 12-year-old uses or distributes cannabis to his peers on the playgrounds, every day, with no questions asked? This is a lax approach. How can the government ensure that children and teenagers will not be recruited by organized crime? I can see that is what is going to happen. On a simpler front, is it safer to be in possession of four grams of cannabis or five, or is the safest quantity the possession and distribution of zero grams? That is what our party would support.

The Liberals will tell Canadians that four grams is okay but the Conservatives, on the other hand, are firm in our conviction that zero grams is the only safe amount for our children.

The cannabis act is replete with arbitrary cut-offs that do nothing to protect our children from the dangers of marijuana. In fact, we believe they expose them to greater risk. Canadians deserve clarity when it comes to legislation that will significantly affect so many aspects of our justice, health, and public safety systems, and more important, their daily lives and families. It is not enough, I would like to point out, to say we are going to shove all these things over to the province and let them figure it out. There is a responsibility for the federal government to get it right.

If all these problems with accessibility alone were not sufficient to highlight the shortcomings of Bill C-45, please note that the Prime Minister and his government proposed that the legal age to purchase marijuana be 18 years of age. For a government that claims to espouse and produce evidence-based policy, this provision is clearly off the mark. All we have to do is ask any doctor, health organization, or health expert. For one, the scientific evidence overwhelmingly confirms that the human brain does not fully develop until individuals reach their mid-twenties.

The Canadian Medical Association, as I have pointed out, has already warned the government that the use of cannabis may have significant psychological impacts on brain development up to the age of 25, and recommends that 21 be the youngest acceptable age to legalize the purchase of marijuana. Indeed, the position of the Canadian Paediatric Society likewise urges the government to consider the dangers of so young an age to purchase marijuana. Again, the government keeps talking about protecting children but it completely ignores the evidence. Indeed, the co-author of that position paper, Dr. Christina Grant, has stated, at the very least, the levels of THC must be limited until after the age of 25 to be considered safe for brain health.

Once again, Bill C-45 lacks crucial information. Why are the Liberals ignoring this crucial scientific information, information that has a tangible impact on the health and best interests of Canadians? It is not enough to say we are ignoring all the evidence and let the provinces figure this out. That is not good enough.

Further, while drafting the legislation, the Liberal government had plenty of time to study the impact of marijuana legalization in several jurisdictions in the United States. Instead of learning from the mistakes and challenges that have befallen these states, the government decided to ram the legislation through. Again, this will be a complete detriment to Canadians.

I will give members a couple of examples of what we are talking about.

First is the fact that our American counterparts have found an increase in impaired driving following the legalization of marijuana in certain jurisdictions. In fact, the U.S. Department of Justice found that on Colorado roads, during the year following legalization of marijuana, there has been a 32% increase in deaths related to marijuana-impaired driving. That is completely unacceptable.

There is little doubt that Canadians will see a similar increase of drug-impaired driving if marijuana is legalized. In fact, statistics have already shown that this is a serious problem. According to the Canadian student tobacco, alcohol and drugs survey, nearly one in five Canadian high school students have been a passenger in a car whose driver had recently smoked marijuana.

Canadians of all ages are very confused about the many existing myths regarding smoking and driving. For example, in a 2014 poll, 32% of Canadian teens believed that driving high is less dangerous than driving drunk. The perpetuation of this kind of thinking will have serious consequences. A report prepared by the Canadian Centre on Substance Abuse states that Canadians 16 to 19 years of age are more likely to drive two hours after ingesting marijuana than they would be two hours after drinking.

The World Health Organization, on the other hand, has been clear in debunking this myth. It has stated:

Evidence suggests that recent cannabis smoking is associated with substantial driving impairment, particularly in occasional smokers, with implications for work in safety-sensitive positions or when operating a means of transportation, including aircraft.... Complex human/machine performance can be impaired as long as 24 hours after smoking a moderate dose of cannabis and the user may be unaware of the drug's influence....

In light of this information, Bill C-45 does not provide sufficient avenues to educate young people about the undeniable danger of driving high. Should the government insist on ramming this legislation through, it should seriously take into account the importance of public awareness campaigns in protecting young people.

Ultimately, actions speak louder than words, and legalizing marijuana sends the wrong message to young Canadians that pot is a benign judge, that it is not a cause for concern. In reality, the government cannot guarantee that more children and teenagers will not be injured in motor vehicle accidents, if not worse, as a result of increased access to marijuana. This, beyond doubt, is something the government should have considered seriously before trying to ram this bill through Parliament in an attempt to live up to a campaign promise.

Another important and threatening problem facing jurisdictions that have legalized marijuana is the increase in cannabis-related hospitalizations. We have already established the research that proves marijuana can have dangerous effects on children's brain development and overall health.

In Colorado, these studies have had far-reaching and tangible consequences. According to a recent report by the Colorado Department of Health, hospitalization involving patients with marijuana exposure and diagnosis tripled from around 803 per 100,000 between 2001 and 2009 to 2,413 per 100,000 after marijuana was legalized. That is about three times as many people who were hospitalized. This serves as a cautionary guideline for how children will be impacted by easy access and exposure to pot.

A report by the Rocky Mountain HIDTA states, “the number of Colorado children who’ve been reported to a poison control center or examined at a hospital for unintentional marijuana exposure annually has spiked since the state legalized recreational cannabis...”

These statistics are not inconsequential. Once again, why has the government ignored the lessons our peers have faced after legalizing marijuana? Answers to these challenges are certainly not found in Bill C-45.

The gaping holes in the legislation are indisputable. If homegrown marijuana plants are permitted, coupled with alarming and unanswered questions related to marijuana edibles, children will clearly have easier access to the substance. Given the bill's ambiguity on how much cannabis constitutes an offence, children and teenagers may possess and distribute up to four grams of marijuana with no clear recourse to protect them. Setting the age of majority for marijuana use at 18 promotes a lax approach to brain development and public safety.

Finally, the government's unwillingness to acknowledge the fact that comparable jurisdictions have faced critical health and safety challenges as a result of their similar legalization processes is not only reckless but unfair to Canadians who put their trust in their members of Parliament.

While the risks to children constitute my greatest concern with Bill C-45, there are numerous other problems that go unaddressed in the legislation. One of these is the fact that the bill provides little to no clarity on the degree of flexibility that the government will allocate to provincial governments and municipal law enforcement to implement this. Additionally, the bill does not sufficiently address the costs for retraining officers given the changes to the Criminal Code.

Moreover, the questions surrounding Canada-U.S. border crossings should legalization take place is particularly worrisome to me, as my constituents in Niagara Falls live right across from our American neighbours and often have the occasion to travel to the United States. Taking note of the fact that most American border states have not legalized recreational marijuana, the discrepancy in policy could greatly impact, among other things, the waiting time to cross the border.

The former U.S. ambassador to Canada, Bruce Heyman, has expressed his doubts regarding efficiency at the border and the legalization of marijuana. His primary concern is the fact that border patrol dogs are not trained to distinguish marijuana scents from other prohibited items.

He stated:

The dogs are trained to have reactions to certain scents. Some of those scents start with marijuana. Others are something that are significantly more challenging for the border. But the dog doesn't tell you this is marijuana and this is an explosive...

The dog reacts, and these border guards are going to have to appropriately do an investigation. That could slow the border down.

My constituents, and all of the 400,000 Canadians who travel to the United States every day, are deeply concerned about the waiting times and they want them to be as expeditious as possible. How can the government ensure that these delays will not affect Canadian business people, families visiting loved ones or even Canada-U.S. relations writ large? Bill C-45 is silent on yet another consideration for Canadians.

It is evident that the government has been too hasty in its attempt to push through this legislation without consideration of all the risks to children, confusion surrounding implementation, and delays in border crossings. This complex issue could result in insurmountable health and safety burdens in the years to come.

As such, I urge my fellow members to take the significant problems with the legislation into consideration.

To conclude, I move that the motion be amended by deleting all of the words after the word “That” and substituting the following:

this House declines to give second reading to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, since the bill makes homegrown marijuana more accessible to children.

Cannabis ActGovernment Orders

1:20 p.m.

Eglinton—Lawrence Ontario

Liberal

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

Mr. Speaker, I have much respect for my colleague, but I would like to highlight a number of flawed assumptions with his interpretation of Bill C-45.

The first is that somehow children will have lawful access to cannabis. I want to assure the hon. colleague that Bill C-45 would in no way allow any lawful access to cannabis to youth.

The second is that children will somehow be allowed to traffic cannabis. Of course, Bill C-45 would not permit that and it would certainly not permit adults to use youth to traffic cannabis. In fact, we are proposing a higher maximum sentence, a 14-year sentence, which is an improvement from the current regime.

The most important flawed assumption he made was that somehow the status quo was working with respect to cannabis, when all of the evidence and all of the efforts put in by the independent task force demonstrated it was not.

Is that not the trouble with the Conservatives' approach to law and order? They ignore evidence, they somehow continue to introduce unconstitutional laws, which have been struck down by the Supreme Court of Canada, like mandatory minimums, and they show no faith in our courts, which are situated best to provide justice and safety to all Canadians.

Cannabis ActGovernment Orders

1:20 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I put a question to the Minister of Justice at the justice committee just a couple of weeks ago, and the hon. member will probably remember this. I asked her what would happen to the child who had four grams of marijuana. We made the point that the bill specifically said that a person could not have more than five grams. What if someone has two or three grams? Will this not be very helpful to people who love to sell drugs around schools? They will tell the young people to be careful, that they should not take more than five grams with them. They will give them four grams, ask them to sell that, and come back to see them.

Again, the hon. member said that we did not respect the justice system for everything else. That is the point. Does he want to ignore the evidence with respect to impaired driving? He should check it out in Colorado and in all of the different jurisdictions. Once they legalized marijuana, the impaired driving as a result of smoking marijuana went up. There has been a 32% increase in deaths in Colorado since it has done that.

Therefore, yes, we are worried about the Criminal Code, the justice system, and the people who are victims of crime. This is one of the things that distinguishes us.