Mr. Speaker, I am pleased to rise to speak to Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.
In short, this bill creates an expedited pardons process for Canadians who have criminal records for nothing more than simple possession of cannabis. Bill C-93 reduces the usual fee of $631 to zero. This is the most important aspect of the bill, especially for the most vulnerable in our society. It reduces the usual waiting period of five or, in some cases, 10 years, down to no time at all. It removes the usual subjective criteria, like whether a person is of "good conduct" or would get a “measurable benefit” and, thanks to an amendment made at committee by the member forToronto—Danforth, it lets people get pardons for cannabis possession even if they have outstanding fines.
I would like to clarify an assertion that was made earlier in the House about the comments of the member forToronto—Danforth at committee. She actually said that murderers who smoked pot should not be treated better than murderers who did not smoke pot. I just wanted to clarify that for the record.
Taken together, the various parts of this bill mean that people burdened with criminal records for simple possession of cannabis will be able to have their records cleared with no fee, no waiting period and no problem if they cannot afford fines or surcharges, and there is no possibility that their applications will be denied on the basis of subjective criteria.
That brings me to the amendment the Conservatives have introduced today. It does two things. The first is that it reintroduces subjective criteria for people seeking pardons for simple possession of cannabis. The whole point of Bill C-93 is that the process should be simple and straightforward. This change would undermine that objective. Ordinarily, Parole Board members, the same people who adjudicate parole hearings, review pardon applications and consider a variety of factors. They make sure that the applicant meets the basic eligibility criteria, like whether they have served their sentence and waited the requisite amount of time. They also consider subjective criteria, like whether the applicant has been of good conduct and whether granting the pardon would bring the administration of justice into disrepute. On the basis of all of these considerations, the board member uses discretion and decides whether the applicant will be pardoned or not.
The legislation we are debating today is designed to remove all subjectivity from the pardoning process for people convicted only of cannabis possession for personal use. As the bill is designed that way, the Parole Board's intention is not to use board members to evaluate applications. Instead, the board will just have staff check to make sure that the applicant meets the basic eligibility criteria, like confirming that their conviction was not for a more serious offence, like trafficking. It will be a quick, simple, administrative process with no discretion involved. That way, applications can be processed quickly and people will get their pardons quickly.
However, the Conservatives want to have the Parole Board spend time and energy conducting inquiries into the general conduct of applicants. I am not sure what behaviour they think would justify denying someone a pardon for activity that is now legal. I would really like to hear Conservative members give some examples of what kind of non-criminal conduct they think would be a good reason to make a person continue living with a criminal record for cannabis possession. I asked that question of the critic for public safety earlier today during this debate, but have not yet had a response.
With this expedited process, we are only talking about people who have not committed any other offence. What non-criminal activities do Conservative members think are acceptable grounds for maintaining all the obstacles to employment, housing, education, volunteering and travel that a criminal record represents? I cannot think of a single one.
The same Conservative motion would also have the Parole Board consider, in each case, whether granting a pardon for simple possession of cannabis would bring the administration of justice into disrepute. Again, I can't imagine what circumstances they are thinking of. What is the scenario in which pardoning a person who has nothing more on their record than cannabis possession would bring the administration of justice into disrepute? What exactly would the Parole Board be looking for? We are not talking about murderers, sex offenders or drug dealers. They are not eligible to apply for this process. Instead, we are talking about people who did something that has been legal since October.
It seems to me that if the Parole Board were to review their application and reject it, that could bring the administration of justice into disrepute. However, for some reason the Conservatives have decided that they want people who are saddled with a criminal record for simple possession of cannabis, and who have likely been facing all sorts of obstacles in their daily lives because of it, to jump through even more hoops. It just does not make sense. It will also make the whole process take longer. Processing times for applications submitted under Bill C-93 should be pretty short, since there are no subjective criteria.
If the Conservative amendment were to pass, every application would be slowed down by unnecessary inquiries. As well, Parole Board members, who already have full workloads dealing with all sorts of challenging cases that require their attention, would have to spend time needlessly investigating people who once possessed cannabis, to make sure their conduct is acceptable and that the reputation of the justice system can survive their rehabilitation.
As members may have guessed, I will be opposing the Conservative amendment. I strongly support a straightforward process that stops treating people who are only guilty of cannabis possession with unjustified suspicion. I support waiving the application fee and waiving the waiting period. I support letting people get their lives back on track without insisting that they pay fines they may not be able to afford. I support having Parole Board staff process applications quickly for anyone who meets basic and objective eligibility criteria. I support skipping all the discretionary evaluations of good conduct and measurable benefit and whether the administration of justice might be brought into disrepute.
We ran on a mandate of legalizing and regulating cannabis, because the old system of prohibition was a failure. We were not content to accept decriminalization, which really just means imposing fines on people in marginalized and low-income communities. We upheld our commitment and a new legal regime is now in place.
In conclusion, this bill is a critical companion to the legislation that legalized cannabis, and I ask all members of the House to facilitate the timely passage of Bill C-93.