Madam Speaker, it is an honour to rise today to speak to Bill C-45.
Marijuana has been criminalized in Canada since 1923. Much has changed in the past century, including the conversation about marijuana. The Liberals promised to legalize, regulate, and restrict access to marijuana in their 2015 platform. However, since the Liberal government was elected 20 months ago, more than 15,000 Canadians have been charged for simple possession. This is an incredible waste of resources.
What is even more alarming is that we likely will not see the government actually implement a plan until next summer. The government should be embarrassed about how long this is taking.
Not only have the Liberals broken their promise to Canadians, they are clogging up our justice system with arbitrary offences. While we wait for legalization, the Liberal government is ignoring the tens of thousands of charges and criminal records handed out for simple possession, which disproportionately affects young and racialized Canadians. People should not have barriers for the rest of their lives for finding good employment, housing, and international travel due to having had a charge or a conviction for a small amount of cannabis.
The Supreme Court of Canada's decision in R. vs. Jordan last year imposed time limits on court cases. This decision exposed a chronic shortage of resources in the Canadian justice system, caused by a myriad of factors, such as judicial vacancies, underfunding in legal aid, and mandatory minimum sentences. Many serious criminal charges have been either stayed or withdrawn.
In my riding alone, many different municipalities are approaching this issue differently. Some local governments are directing the RCMP to take a hard stance against marijuana. Several people volunteering at medical marijuana dispensaries have been arrested for simple possession. However, in neighbouring communities, local governments have asked the RCMP to do the exact opposite. We are in a jurisdictional and legal grey zone, and the lack of clear direction is creating confusion for everyone.
With this crisis in the justice system, it is irresponsible to continue using police and justice resources to continue to criminalize young people for simple possession of cannabis. We cannot afford to continue to use police and court resources, and charges and convictions for simple possession.
The NDP has had a 45-year history of championing marijuana decriminalization. We have been asking the Liberals to immediately decriminalize the simple possession of marijuana as an interim measure and invoke prosecutorial and police discretion to cease enforcing a blatantly unjust law such as this one.
We support the overall goal of legalization and we will be preparing constructive proposals for the government, especially with respect to bringing in pardons for those previously convicted of cannabis possession. It would seem fair that those who have received previous convictions for marijuana possession should have some form of amnesty offered, given the looming legalization. However, there is no indication that the Liberals are interested in making pardons easier to obtain or if they will address the high $631 fee just for an application to do so. The inability to access a pardon remains a serious obstacle for many people trying to escape their criminal past and to move on with their lives.
While Bill C-45 is a step in the right direction, albeit late and long overdue, it contains several ludicrous points.
First, it would allow for a punishment of up to 14 years for anyone selling marijuana to a young person. This is absurd. It is akin to the punishments for producing child pornography and attempting to leave Canada to commit terrorism. I know it would give judicial discretion, but it is excessive and might not even comply with the Charter of Rights and Freedoms.
Second, the legislation leaves many key issues to the provinces. The federal government has clear jurisdiction in the federal criminal law power, but when it comes to sales and distribution, it is very clearly a provincial power under our constitution. This means the provinces will need time to set up their own regulatory systems. This is another reason that we wish this process had begun earlier.
It is unclear what the government's plan is in terms of tax and revenue structure for marijuana and how it will be shared between federal and provincial governments. Unfortunately, the provinces will have to wait to hear from the Minister of Finance on that matter. These gaping holes need to be addressed before we can move forward with meaningful legislation that makes sense for all Canadians.
The New Democrats and I want to ensure that the funds will be generated for a reliable stream of long-term revenue for research and prevention, specifically in addiction treatment and prevention. The government needs to clearly outline provincial and federal responsibilities that balance health protection with the goal of reducing the illicit market and protecting youth.
It is important to note that the New Democrats are aware of some of the negative consequences of criminalization. It has been widely acknowledged that there is a lack of scientific research into the health impacts of cannabis use, especially chronic long-term use. We must be particularly concerned about the health impacts of chronic and heavy cannabis use among young people. Therefore, we will be pressing the government to begin establishing research plans and funding into these important areas.
It is time to take a new approach to marijuana. We currently have archaic legislation in place, and Canadians want change. For decades, research on the impact of cannabis decriminalization has shown that in a variety of jurisdictions, including Australia, Europe, and the United States, decriminalization does not cause an increase in consumer demand or ease of access.
People who are going to smoke or ingest marijuana need to ensure they are backed up with education and support services around them. About 30% of Canadian youth have tried cannabis at least once by the age of 15, which is the highest among 43 countries and regions in Europe and North America.
Clearly, our strategy currently has been failing. We need to work with society and not against it.
Decriminalization will decrease the related social problems, the criminal records that people have tied around their necks for the rest of their lives, and the impact on employment and people's ability to rent or to travel. It will also reduce the cost in our judicial system.
We support the legalization of marijuana as long as it is done effectively so it is not marketed to children, that a reliable, long-term revenue stream is created for public health, prevention, and research, and that there is a comprehensive strategy around safety.