House of Commons Hansard #410 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was pardon.

Topics

Canada Elections ActPrivate Members' Business

Noon

NDP

The Assistant Deputy Speaker NDP Carol Hughes

In my opinion the nays have it.

And five or more members having risen:

Canada Elections ActPrivate Members' Business

12:05 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Pursuant to Standing Order 93, a recorded division stands deferred until Wednesday, May 8, 2019, immediately before the time provided for private members' business.

Canada Elections ActPrivate Members' Business

12:05 p.m.

Independent

Darshan Singh Kang Independent Calgary Skyview, AB

Madam Speaker, I rise on a point of order. It is with respect to the complaint made against me by one of my office staff.

I have consistently maintained that my intentions and contact have been proper and honourable. These are the values I live my life by. However, if any of my actions have unintentionally caused difficulty for any person, I am sorry. I sincerely apologize.

I strongly believe in the integrity of the House, and I accept the high standards that all members must abide by. With all due respect, I will continue to serve this chamber and my constituents to the best of my ability.

The House resumed from April 8 consideration of the motion that Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, be read the second time and referred to a committee.

Criminal Records ActGovernment Orders

12:05 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Madam Speaker, I will be splitting my time with the member for Charleswood—St. James—Assiniboia—Headingley.

Colleagues, 50 years ago, the imminent astronomer Carl Sagan wrote an article under the pseudonym Mr. X. He wrote about cannabis, noting that “the illegality of cannabis is outrageous”. He said, on legalization specifically, “I hope that time isn’t too distant”.

That was 50 years ago.

I am going to start by commending and recognizing the progress we have made. If someone had asked me five or 10 years ago whether I would see cannabis legalized in my lifetime, I would have been incredibly skeptical, yet in October of last year, that is exactly what the government did, following through on a significant promise to treat it as a public health issue but also to treat Canadians as the responsible adults we are.

I will support Bill C-93. It would waive the five-year waiting period. It would waive the $631 fee.

The Minister of Border Security and Organized Crime Reduction has noted that as many as 400,000 Canadians have criminal records for simple possession of cannabis. That is something we ought to correct as much as possible, because we know the impact of a criminal record on one's ability to secure housing, employment and ability to travel.

I will be supporting Bill C-93, but that, to me, is obvious and straightforward. I also think the bill ought to go further, and I hope to see the committee make amendments so that it does.

First, Canadians and colleagues should understand the difference between a pardon and an expungement. According to the Parole Board of Canada, the purpose of a record suspension or a pardon is to remove barriers to reintegration that can be associated with a criminal record. The idea is that we say, “You are forgiven. Move on with your life.” With respect to expungement, the government recognizes that the conviction was for an act that should never have been a crime at all and that these individuals should not be viewed as former offenders. Instead, we say, “We are sorry. We made a mistake. We should never have done this in the first place.”

With respect to cannabis possession, and we are not talking about trafficking, it is straightforward that we never should have made this a crime in the first place and that expungement is the proper answer.

The government has made technical arguments with respect to travel. I trust that the committee will address those. There is no difference at the American border with respect to a pardon or an expungement. In the hands of the American officers, they enforce their laws as they see fit. We should be concerned with our domestic laws.

I will say this. If we can help people move forward with their lives in a more significant way, we should seize the opportunity. An expungement will help Canadians who are impacted by a criminal record more so than a pardon would.

Again, just as a clarifying note on the difference between a pardon and expungement, this really hits home when we see the great differences between governments. We are seeing this in Ontario right now, where the pendulum is swinging so incredibly hard in the opposite direction. A different government could actually restore records when people have been pardoned. The records are simply set aside. A different government could never restore criminal records if they were properly deleted through the expungement process.

I commend the member from Victoria for putting Bill C-415 forward, but I would also note that this is grassroots Liberal policy. I am going to read a resolution from the 2012 Liberal biennial convention put forward by the Young Liberals of Canada and supported by over 80% of grassroots Liberals at the time:

Be it further resolved that a new Liberal government will extend amnesty to all Canadians previously convicted of simple and minimal marijuana possession, and ensure the elimination of all criminal records related thereto;

If we want to be consistent with our legalization promise that tracks back to this resolution, amnesty is the answer.

Most significantly, the most important argument is that we have to correct an injustice. The criminalization of cannabis was a racial injustice in original purpose and current effect.

I want to read a direct quote from Harry Anslinger, America's first drug czar. It is not a positive quote. It is an offensive quote. He warned that “Reefer makes darkies think they're as good as white men.”

Here in Canada, Emily Murphy, one of the Famous Five, an otherwise celebrated women's rights activist, led a temperance movement grounded in the belief that “aliens of colour” used drugs to corrupt the white race.

If we look at the modern application of these laws, we see a Toronto Star investigation from 2017 which found that black people with no criminal record were three times more likely to be arrested for cannabis than white people. That was in 2017. There was a vice investigation subsequently that made access to information requests to police agencies across the country. It found, for example, in Regina, that indigenous people represented 41% of cannabis arrests in 2015 and 2016, but they were only 9.3% of the total population.

We see the Federation of Black Canadians and the Canadian Association of Black Lawyers stand up in support of going further for amnesty. They are doing so because it was a racial injustice. The government argues that the injustice was in the application of the law; it was not inherent in the law. However, for anyone who understands how we interpret our constitutional law and how we might find a law unconstitutional, we consider the purpose of the law, but we also consider the effect of the law. So too with respect to expungement, it is not only if it is inherently an injustice, but also if it is an applied injustice.

It is arguable whether the original purpose, as I have noted, ought not to be considered as well when we talk about the injustice. I would argue that this was inherently an injustice. I read the Le Dain commission in 1970, which said, “There can be no doubt that Canada’s drug laws were for a long time primarily associated in the minds of its legislators and the public with general attitudes and policy towards persons of Asiatic origin.”

The point is this. We fear different drugs today because we used to fear different people.

The last point I want to make is that if we set aside the most important arguments with respect to racial injustice and we consider basic common sense, almost half of Canadians have self-reported using cannabis in their lifetime. Are half of Canadians criminals? When cannabis is less harmful than the six-pack that people take to a party or a mickey of vodka, should people who possess cannabis, again not traffickers, ever be thought of as criminals? The obvious answer is no, in the same way that I do not think if people take a six-pack to a party they are criminals. In taking a less harmful substance, they ought not to be considered criminals, and we as legislators should cure that. We have the capacity to cure it. We could cure that simply by improving the law before us.

The simple question that we all have to answer is whether the conduct in question is deserving of a criminal record. Demonstrably, the answer is no. It never should have been illegal in the first place.

I support Bill C-93 for moving in the right direction, but we should do what is right when we have the opportunity. We should correct this injustice.

Criminal Records ActGovernment Orders

12:15 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, I thank my friend for his speech and his commentary. Oftentimes when we are dealing with legislation in this place, we do not do proper justice in talking about people who are impacted by the legislation we are dealing with.

This bill is an opportunity for the government to correct a wrong. That is not just a wrong that has existed for the past three years since the current government formed office, and that it campaigned on and declared its intention to decriminalize marijuana possession, but also to look at past injustices, when the evidence was before all parliamentarians as to the need to decriminalize marijuana and the hypocrisy that legislature after legislature had shown in dealing with this.

I will ask for two comments: one is on the racial component. I represent northwestern British Columbia. It has approximately 35% to 40% indigenous communities. We know, through statistics, about the overrepresentation of indigenous people in our prisons. We know that part of that representation is due to possession charges. They are sometimes put together with some other charge where non-indigenous people would not face the same amount of incarceration. Therefore, I would like comment on the impact on indigenous communities. I know my friend is from Toronto, but he has studied this legislation and its impacts.

The second component is on the effects on all people. What is it to hold a criminal record? What effect does it have on the day-to-day lives of Canadians, whether they are seeking to volunteer for their kids' soccer camp or being able to cross the border for business or pleasure, to carry around this record and the threat of that record being reintroduced into their lives?

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12:15 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Madam Speaker, it is ridiculous to think that a black person in Toronto, who is three times more likely to be arrested than a white person like me, should suffer the consequences of doing something that should never have been illegal in the first place and therefore suffer disproportionately. Simply because I, as a white person, was never caught does not mean that I am any less of a criminal than the black person. I think it is outrageous that we are not taking the opportunity to correct that injustice when that opportunity stares us in the face.

The second thing I will say is that I have personal friends who, over the course of their lifetimes, had a cannabis possession record and could not get a job even at the 7-Eleven. It is ridiculous that people, otherwise contributing members of society, such as the person who could not get a job at a 7-Eleven yet is in the public service, who make an incredible contribution to Canada, could not get a job after undergrad because of a cannabis possession record. If we could in any way cure that problem, we ought to do so.

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12:15 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I opposed the legalization of marijuana. However, it seems to me to be fundamentally unjust that individuals can be burdened with a criminal record for an activity that today is perfectly legal. This legislation fails to address that. It does not provide for amnesty or an expungement; it merely suspends the record, which can be revoked in a number of circumstances. Additionally, the Minister of Public Safety has a broad statutory discretion to disclose that record. I wonder if the hon. member could address those concerns.

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12:15 p.m.

Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Madam Speaker, I trust that after hearing all the evidence, the member is now supportive of the legalization of a substance that is significantly less harmful than alcohol. If not, perhaps he might explain why we should treat the two substances so very differently.

Now that it is legal, the only thing I will say is that I agree, in part. I do not think that Bill C-93 is a failure to move forward in the right direction. Rather, I think it is a significant move forward in the right direction. It simply is not going far enough.

We see other jurisdictions, California being one of them, moving forward with expungement and then our own government says, well, it is technically somewhat complicated. If another jurisdiction can get it done in the interests of justice, we should do the same.

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12:20 p.m.

Liberal

Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB

Madam Speaker, it is an honour to rise at the second reading of Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

During the last election, we committed to legalizing and regulating cannabis, and legislation doing exactly that took effect last fall. As a member of the Standing Committee on Health, I am proud to have been part of the committee's review of the Cannabis Act. We now have a regulated system that keeps cannabis out of the hands of youth and profits out of the hands of criminals.

At that time, the government signalled that it would turn its attention to dealing with the criminal records created under the old regime. We now have before us Bill C-93, legislation that would make it easier for individuals who have been previously convicted only of simple possession of cannabis to have their records cleared.

Bill C-93 proposes an expedited process for receiving a pardon, which is also known as a record suspension. The usual $631 application fee would be waived, as would the usual waiting period, which can be as long as 10 years. The bill would reduce barriers to full participation in society for these individuals. It would allow them greater access to job opportunities, educational programs, housing and even the ability to simply volunteer in their communities. It would make things more fair. It would enhance public safety by allowing people to reintegrate into society. It would fulfill an important commitment to Canadians in delivering on this new regime.

This is the first time in history that both the application fee and wait period for a pardon would be waived. This unprecedented measure is a strong statement, recognizing that convictions for simple possession of cannabis have resulted in hardship for many Canadians and that certain populations, including members of black and indigenous communities, have been disproportionately affected.

For my part today, I would like to delve a little deeper into the nuts and bolts of the legislation. To begin with, Bill C-93 proposes to amend the Criminal Records Act. It would waive the fee, waiting period and certain subjective criteria for people convicted only of simple possession of cannabis under one of three acts: the Controlled Drugs and Substances Act; the Narcotic Control Act, which existed until the 1990s; and the National Defence Act.

Eligibility would not be based on the amount possessed but rather on the purpose. People would be eligible if possession were for personal use only. People would not be eligible if there were any trafficking or production involved. In order to qualify for the waived wait period, an applicant would have to demonstrate to the Parole Board of Canada some basic facts: first, that the substance they possessed was cannabis; second, that their sentence was completed; and third, that the conviction was only for possession for personal use. To do so, applicants would provide standard police and court documents. The Parole Board would be available to help people through the process by email or phone.

As a way of further expediting the process, the decision to grant a pardon would not be discretionary. Usually, a Parole Board member assesses pardon applications to decide whether an applicant has been of good conduct and whether a pardon would give them some measurable benefit. Discretion based on subjective criteria would not apply here. Instead, the Parole Board would be required to issue a pardon, as long as people are eligible and have completed their sentences. There would be nothing else to consider. The application would therefore be processed much more quickly by Parole Board staff.

Once a pardon is ordered, the Parole Board would notify the RCMP to have the records sequestered in the national repository of criminal records. Once that is done, the RCMP would notify other federal agencies, and the Parole Board would alert provincial, territorial and municipal partners. For instance, it would mean that a criminal record check by a prospective employer or landlord would come up empty. As well, the records could only be disclosed or reinstated in exceptional circumstances. In practice, for cannabis possession, the only likely scenario in which anyone would ever see a record again would be if they commit a new criminal offence.

Bill C-93 would fulfill our commitment to creating a simplified process for people with convictions for cannabis possession to shed their criminal records, along with the associated burdens and stigma.

Work is also continuing on broader pardons reform, informed by consultations held by the Parole Board and Public Safety Canada as well as a recent study by the Standing Committee on Public Safety and National Security.

That study, initiated by the member for Saint John—Rothesay, led to thoughtful and unanimous recommendations calling for pardons to become more accessible, not just for cannabis possession but across the board. I am glad that Parliament has been seized with that issue and I look forward to progress on that front.

For the moment, though, we have an opportunity to move forward right now with the targeted recourse in Bill C-93. As I have noted, this further enhances public safety by reducing the barriers to reintegration associated with a criminal record.

Many Canadians are stuck with a criminal record for activity that is no longer considered a crime. It is about time we make things fairer for those Canadians who have been living crime-free. That is why I offer my full support to Bill C-93. I encourage all my colleagues to do the right thing and join me in making sure this bill moves forward.

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12:25 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I would submit that this legislation falls far short of what is required and what is just and fair in the circumstances. It is true that the fee is being waived, but why should someone have to apply in the first place? Why would we not simply remove those records relating to an offence that today is perfectly legal? Why should someone have to complete their sentence in relation to an activity that is perfectly legal today? Why would that provision be in the legislation?

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12:25 p.m.

Liberal

Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB

Madam Speaker, in regard to completing one's sentence, the main point of that is administrative. There are administrative challenges to removing a record in the midst of a proceeding, and this has never been done before. The barrier this could create is mostly theoretical because, as we know, the penalties for the actual offences have been short. It is very unlikely that there is anyone right now sitting in a jail cell for simple possession of cannabis, so the practical downside is likely insignificant.

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12:25 p.m.

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, we are certainly interested in seeing this piece of legislation go to committee. There has been quite a bit of concern brought up from those in the legal community, but there are also some financial concerns about this measure as well. It is estimated that if just 10,000 people take up what is proposed in the legislation, it could cost roughly about $2.5 million, but in fact there could be up to 250,000 people who are eligible to take advantage of what this piece of legislation calls for, which could cost about $600 million.

I am wondering if the hon. member of the government has a plan to deal with the costs associated with this bill.

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12:25 p.m.

Liberal

Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB

Madam Speaker, right now the costs of our current regime are astronomical. When people are unable to get proper employment, they often will be living in poverty and they become involved in the justice system, all things that in themselves have tremendous costs to society. These costs would will no longer be borne by our society.

Second, with regard to the cost to the government as a result of the waived fee that the member talks about, we must remember that this astronomical cost for applying for a pardon was instituted by the previous government. I would argue that such a fee for any pardon is extreme, and I would like to see that cost severely reduced in the future, if not cancelled altogether.

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12:25 p.m.

Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

Madam Speaker, I am interested in the member's perspective on the cost. Why does he feel that taxpayers who have followed the law in the past should have to absorb the cost of a pardon for people who have deliberately broken the law, knowing full well that they could end up with a criminal record?

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12:30 p.m.

Liberal

Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB

Madam Speaker, first, as I said in my previous answer, it is because the fees put in place by the previous government for a pardon are excessive and are a barrier for people who want a productive life. Second, the fees probably cost the taxpayers more in decreased productivity, as those who still have criminal records cannot become productive members of society.

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12:30 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I will be splitting my time with the hon. member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix.

I rise today to speak to Bill C-93, an act that would provide the possibility of a record suspension for individuals convicted of possession of a minor amount of marijuana, the type of possession that is perfectly legal today.

While the legislation is better than nothing, I believe it falls far short of what is required and fair and just.

Allow me to say at the outset that I opposed the legalization of marijuana. I spoke against legalization and voted against it at all stages in this Parliament. However, I also said that elections have consequences. During the last election, the now Prime Minister committed to legalizing marijuana if the Liberals were elected. In the end, enough Canadians voted Liberal to give the Liberals 184 seats, allowing them to form a government.

It was therefore not a surprise when the government moved ahead with legalization. One might say that they were keeping an election promise. One might also say that this is about the only election promise that the government fulfilled, but I digress.

Some might ask why I, who opposed the legalization of marijuana, believe that the legislation falls short of what is required and what is fair and just. The simple answer is that I believe it is fundamentally unjust for Canadians to be burdened with a criminal record for an activity that is perfectly legal today.

The impact a criminal record can have on individuals is not an academic issue. A criminal record has a profound impact on individuals' lives and people's ability to get on with their lives. There is a profound stigma attached to a criminal record, one that can impact a person's ability to obtain employment or obtain housing and even to volunteer on a children's soccer team or hockey team or in the broader community.

It is within that context that I believe it is fair and just that individuals burdened with a criminal record for an activity that today, as a result of a policy choice made by the government, is perfectly legal should have that burden lifted from them.

However, that is not what Bill C-93 does. It does not provide for an amnesty and it does not provide for an expungement; all Bill C-93 does is suspend the record. In other words, the records go from CPIC into another place, but it always remains. The record never goes away.

Indeed, a suspension could be revoked if an individual is convicted of a future offence under the Criminal Code or the Controlled Drugs and Substances Act. It could be revoked at the discretion of the Parole Board if the board determines that an individual is no longer a person of good character.

The Minister of Public Safety has broad statutory authority to disclose that record when the minister deems it to be in the interests of the administration of justice or when the minister deems it to be in the interest of public safety of Canada or a country allied with Canada.

Bill C-93 would impose a burden on the applicant to obtain a suspension. Why should someone have the burden of obtaining a suspension for an activity that is perfectly legal today, an activity the government itself made perfectly legal? How is that fair? How is that just?

Bill C-93 would require an individual to complete their sentence before they would be eligible to apply for a record suspension. Again, why? Why should someone have to complete a prison term or a lengthy period of probation or pay a fine for an offence that is perfectly legal today? How is that fair? How is that just?

Bill C-93 would render ineligible any individual who has been convicted of a minor possession offence plus any other offence, which would appear to include administration of justice offences that arose from the initial laying of the minor possession offence.

Now, do not get me wrong. I am not suggesting that individuals who are convicted of other offences should be pardoned or have those records expunged. My only point is that I do not see a connection between being convicted of other offences and an offence consisting of an activity that is perfectly legal.

I can tell members from a practical standpoint what this provision would mean in terms of the ability of Canadians to obtain a record suspension. There are approximately 500,000 Canadians who have a criminal record for minor possession. According to figures from the Department of Public Safety, this provision would remove literally half of Canadians from being eligible to apply, bringing the number down to 250,000 people.

Therefore, instead of providing for a mere suspension and instead of imposing a burden on the applicant to apply and instead of requiring someone to complete a sentence for an activity that is perfectly legal today, what the government should be doing is moving forward with expungement. Those records relating to minor possession should be removed from CPIC. They should be removed from all government databases. They should be deleted. They should be made history.

Do not tell me that this cannot be done. It has been done in other jurisdictions. Indeed, of the 23 U.S. states that have either legalized or decriminalized minor possession, seven states provide for some sort of pardon or amnesty, and six of those seven provide for expungement.

Instead, we are left with a poorly thought-out half measure that in the end will leave the vast majority of Canadians who have records for minor possession with those criminal records intact. The bill falls far short of what is required.

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12:40 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, I find it interesting that we have already had both the member for St. Albert—Edmonton and the member for Beaches—East York, members across the party divide here, arguing that the bill does not go far enough, and there will be other opinions expressed on this matter before the day is out.

I would like the member for St. Albert—Edmonton to comment on the original bill itself and the shortcomings in it that have led us to these unanswered questions and the realization that the bill will need much work at committee, if it is the will of the House to send it there. Is this not part of the general sloppiness and the poor thinking behind the bill in the first place?

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12:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I wholeheartedly agree with the comment made by the hon. member for Calgary Rocky Ridge.

Wherever one stands on the issue of legalization, it is very clear that, from the start, the Liberal government completely bungled the implementation and enforcement of legalization legislation. On that basis alone, I was against Bill C-45 and Bill C-46, which contains a number of provisions.

Quite frankly, this issue should have been part of the legalization bill. It should have been part and parcel with the legalization bill. Instead, we are left in a situation where we have a flawed half measure that very likely may not make it through this Parliament. It is another example of the failure of leadership on the part of the government.

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12:40 p.m.

Liberal

Michel Picard Liberal Montarville, QC

Madam Speaker, it is always a pleasure to welcome our colleague to the Standing Committee on Public Safety and National Security. His stellar reputation and professionalism precede him, and our discussions are always constructive.

When he appeared before the committee, he received a response from departmental representatives. They explained to him that eliminating criminal records involved more than a simple click of a button because of the complexity of the files. Certain procedures are required. It is not as automatic or as easy as he suggests.

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12:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, it is true that we do not have a uniform database. There is CPIC, there are digital provincial databases and there are paper records stored in courthouse basements.

In terms of the effect that records have on individuals in getting a job, in getting housing, in volunteering, it is largely those digital records, CPIC records, that are the source where employers would go, for example. When they go to the RCMP, the RCMP gets that record from CPIC.

What the government should be doing at the very least is going through CPIC and deleting all of those records relating to minor possession. It would be a cost-efficient measure that would relieve the vast majority of the stigma and issues arising from a criminal record. In an age of artificial intelligence, I see very little argument as to why it could not be done.

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12:40 p.m.

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I want to thank my hon. colleague for raising some important concerns and issues with respect to this piece of legislation.

He spoke specifically about the suspension of the records and that the bill does not deal with expungement or pardons. He already talked about this being a flawed piece of legislation. I am curious as to why he thinks the government did not go far enough with respect to expungement or pardons.

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12:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, I do not know why the government has not moved forward with expungement or at the very least with the deletion of records from CPIC. As I said in my previous answer, that would be a far more cost-efficient way of moving forward, rather than requiring the Parole Board to hear all kinds of applications. It would be fairer and it would have a positive impact from the standpoint that the government clearly believes that it is a good thing that individuals convicted of these offences be relieved of having that record.

I do not know why the government did not move forward with that, and I also do not know why it has waited until the 11th hour to introduce this half—

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12:45 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I am sorry to interrupt the hon. member, but his time is up.

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12:45 p.m.

Conservative

Sylvie Boucher Conservative Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC

Madam Speaker, I am pleased to rise today in the House to speak to Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis.

This bill follows on Bill C-45, an act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other acts, which has been in force since October 17, 2018. Bill C-93 seeks to make changes to the pardon process and provide no-cost record suspensions for Canadians found guilty of simple possession of cannabis in the past. It also seeks to help Canadians who were convicted of using a drug that is now legal, since they will no longer have to go through the usual waiting period or pay the fees associated having their record suspended.

For this type of application, an offender would usually have to wait between five and ten years, depending on the conviction, after serving the sentence to obtain a pardon. Furthermore, the cost of the application is $631. The measure introduced by Bill C-94 would amend the Criminal Records Act and makes reference to the Controlled Drugs and Substances Act, the Narcotic Control Act and the National Defence Act. It goes without saying that this new legislative measure must be properly drafted or else it could potentially mislead many Canadians who could one day avail themselves of it.

For example, if this legislative measure were adopted as written in Bill C-93, the administrative costs would be grossly underestimated. Also, it would result in criminal information about offenders being maintained and remaining available, as in the case of pardons granted in a system parallel to that of the RCMP. This information would be available to foreign police services. This would allow U.S. customs officers, for example, to bar a Canadian convicted of simple possession of marijuana from entering the United States.

If a criminal record is not completely erased, it can have a life-long impact. This is counter to the purpose of the bill to ensure that all Canadians who have been convicted and have a criminal record will be able to travel to the United States without any problems.

My speech on this bill will focus primarily on one topic that is very important to all Canadians, specifically the sound management of public funds, which has never been the hallmark of a Liberal government. The Liberals have always been champions of debt. I think that the current government is a perfect example of that, here in the House. Accordingly, it is only responsible and even advisable to ask such important questions about Canadian taxpayers' hard-earned money.

I have a serious concern about how much Bill C-93 will really cost. Based on our estimates, it could cost $315 million. The minister and his officials have said that it would cost around $2.5 million, because they expect that just 10,000 of the 250,000 eligible Canadians who have been convicted of one sole possession offence will apply.

Since we are talking about estimates, let us recall the boondoggle created by a Liberal government with the implementation of the national firearms registry in 1995. Let's talk about Liberal spending estimates.

I would like to remind members about how much the Liberals estimated it would cost to set up the infamous registry. At the time, it was supposed to cost $2 million. Do my colleagues remember how much the implementation of this very expensive and useless Liberal registry ended up costing? Surprise, it cost an estimated $2 billion. That is a far cry from the $2 million projected. So we can put this in proper context, I will say this: the cost was nearly 1,000 times the initial estimate. The Liberals are clearly not very good at estimates. In fact, I would say that they are the worst.

My concern, which is very justified and shared by many colleagues and taxpayers, makes it hard for me to believe the government's estimate of $2.5 million. It is obvious to anyone who has read the bill that even the government is not sure about this amount. Considering the significant bureaucratic effort required to analyze, validate and confirm the profile of each applicant, we are convinced that the Liberal government's cost estimates are well off the mark.

It is only natural for Canadians to find the government estimates set out in this bill rather dubious. It is important to remember that the Liberals promised to balance the budget in 2019. However, the only thing members will remember about the Liberals' legacy to our children and grandchildren is another $90 billion in debt. How long will it take us to pay that back? It will take at least 25 years. So much for the Liberals' estimates.

Given the painfully obvious past and present failures of Liberal governments as well as the government's claims that middle-class Canadians are its priority, I have to say that making the middle class bear the tax burden of this measure, the cost of which the government has obviously once again under-estimated, is unfair to honest people who have never had a criminal record and likely never will. Canadians work hard to earn a decent living to feed and house their families and to try to give them a decent education so that their generation will be richer than ours.

I will find it very difficult to support this bill if significant amendments are not made to ensure that justice is served for honest taxpayers and for the offenders who would benefit from a privilege paid for by said taxpayers.

I agree with expedited record suspensions for simple possession in principle, but we need to consider the cost. Canadian taxpayers deserve the truth when it comes to their money. I will always stand up for their right to demand transparency and accountability in the government's management of public funds. Once again, that does not seem to be the case with this bill.

There are so many problems with this legislation I hardly know where to start. The only way to make it worthwhile is to sit down together and go through it in detail to make sure Canadian taxpayers are treated fairly and are not made to foot the bill. Normally, pardons come at a cost, but these will be handed out for free. We need to look at all the ins and outs of this bill to make sure it is fair to everyone, and, most importantly, to make sure the government's numbers are accurate and costs will not end up ballooning like they did with the gun registry.