Rob Nicholson

[Government Appointments, June 6th, 2017]

Mr. Speaker, the Liberals have not even appointed a committee to advise them on judicial appointments.

I know this is very difficult for the Liberals, so let me make this suggestion. If they are unable to do this, why do they not put us and the NDP in charge of putting together a committee and we will make recommendations so the minister can get the job done.

[Government Appointments, June 6th, 2017]

Mr. Speaker, we have been hearing reports from New Brunswick about a legal crisis in its family court system. It is all because of the judicial delays in the court system because the Liberals have not even put together a committee to advise them on judicial appointments in New Brunswick.

Because of this, families that are desperate for relief are getting none, and Canadians are further losing confidence in our criminal justice system.

What is the problem with the Liberals? Why do they not get on with making these judicial appointments?

[Criminal Code, May 31st, 2017]

Mr. Speaker, I thank my colleague for her concern in this area. It is certainly much appreciated by everyone who worries about this issue.

I say to people to check what has happened in Colorado since it has legalized marijuana. Have impaired driving deaths gone up? Yes, they have gone up. The current government says it wants evidence-based research, so the Liberals should check it out. They should give Colorado a phone call and say, “How is it going down there?” What they are going to find, as I mentioned in my own speech here, is that the number of impaired driving deaths has gone up. This is exactly what we can expect to experience.

The member talked about teenagers. I do not think they should have any marijuana in their system, quite frankly. They should have zero if they are driving. It is not a question of how many joints they have smoked or how many beers they have had; they should not have any if they are driving a car, and that is the message that the government should be pushing out, not whether it is five grams or four grams and all that kind of stuff. Skip that. The message should be that they should not be drinking and driving and they should not be taking marijuana and driving.

[Criminal Code, May 31st, 2017]

Mr. Speaker, the hon. member raised a very good point. To be honest, this legislation is not clear with respect to the reasons for which a person can be given a roadside test. That is one of the things, if and when this bill gets to committee, that we have to ask questions about. We are going to want a lot of information about that aspect.

I agree with the hon. member that when the government brings in legislation of this type, legislation that changes many things in our criminal justice system and in our society, then the government should come up with the money. The government has money for everything, but all of a sudden there is penny-pinching on this issue.

There is no end to the money that the Liberal government has. It has all kinds of money and has no intention of balancing the books for many decades to come, so it should come forward and help the provinces and work with them.

Under the Constitution, the provinces have the responsibility for the administration of justice, so that cost is to the provinces. For the most part and in most places in Canada, the actual law enforcement is borne by the municipalities. They are the ones that lay out the money for enforcement. On both those levels, when the government comes forward with legislation that makes huge changes, as this would do, the Liberals should step up and say, “Hey, we are Liberals. We have all kinds of money here. What can we do to help you work this out, make sure you can administer this system, and get new techniques for detecting impaired driving? Just let us know.” They should reach out to their provincial counterparts and make sure that the provinces and the municipalities have the resources that they need to implement this law.

[Criminal Code, May 31st, 2017]

Mr. Speaker, I disagree completely with the parliamentary secretary's analysis of the private member's bill. In fact, it sent out exactly the message that we, on this side, want to deliver, which is that there will be consequences for people who drive impaired because they are endangering the public and are endangering themselves.

With respect to the police association, it is saying it wants to have the tools and have them in place, so it is not just a question of changing the law and saying, “Okay, we're going to legalize marijuana, and then we're going to come up with all the other tools the police will need for law enforcement.”

What the association has been saying and what everyone has been saying, I believe—other than perhaps the government itself—is that all this funding should be put in place to make sure that everything that is necessary—the education, the proper tools, the evaluation—is in place prior to the legalization of marijuana. That is what we have been hearing. I am sure the hon. member must be hearing in his own constituency as well that people are concerned as to what is going to happen.

I do not think it is enough. I know where the Liberals are coming from on this issue. It is that the provinces will figure it out. They promised in the election that they were going to legalize marijuana, and now they are saying to the provinces, “You figure it out. You figure out where you're going to sell it. You're going to have to enforce it. You're going to have pick up the tab for this. You'll put greater challenges on our court system, but we may someday get around to appointing judges.”

That is not enough. I disagree with the way the Liberals have handled this issue up to this point in time. I think they have made a huge mistake, and we are going to continue to bring that to the attention of Canadians.

[Criminal Code, May 31st, 2017]

Mr. Speaker, I am almost sorry that we cannot go right to the question period.

That said, it is my responsibility to address a number of the concerns that we in the Conservative Party have with respect to Bill C-46. While the Conservative Party has always been in favour of toughening laws to discourage drinking and driving, this legislation has some flaws that need to be remedied prior to its coming into law.

The first quandary I will address is the fact that the Liberals are ignoring their own task force recommendations to implement extensive marijuana and impaired driving education and awareness programs prior to the legalization of marijuana. Rather than choosing to be measured in its approach, the government is selecting to ram this legislation through. Officials from both Washington State and Colorado have stressed the importance of starting educational campaigns as soon as possible, before legalization, yet the government has no concrete plans in place to speak to this.

The Liberals have created a false deadline for political gain, and in doing so have placed the health and safety of Canadians at risk. The agenda of any government should never supersede the well-being and security of its citizens. For example, the Canadian Automobile Association, the CAA, has requested that the Liberal government implement a government-funded education program warning about the dangers of driving while impaired under the influence of cannabis prior to the legalization of the drug. They have also requested that police forces be given adequate funding to learn how to identify and investigate drug-impaired drivers.

The government has imposed a timeline that is unrealistic. Education is imperative. The National Post printed a story on May 17, 2016, in which it cited that in a State Farm survey, 44% of all Canadians who smoke marijuana believed it made them better drivers. As a matter of fact, the Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, the former chief of police of Toronto, stated recently in the chamber that 15% of teens believe that smoking marijuana makes them better drivers. His figures may err on the side of caution, but the government is obviously aware that educating drivers is necessary. Why, then, is it that the government is not implementing the required programs in order to keep Canadians safe on our roadways?

A study commissioned by the CAA and conducted by Earnscliffe Strategy Group found this figure to be higher than 15%, and in fact it is was 26% of all drivers between the ages of 18 and 34 believe that driving while high on marijuana made them better drivers. The figures may vary, but the facts are clear. An increasing number of drivers believe that marijuana enhances their capabilities on the road. Jeff Walker, the spokesperson for the CAA, concurs. He said:

There are a lot of misconceptions out there that marijuana doesn’t affect your driving, or even worse, it makes you a better driver.

He then went on to say:

There need to be significant resources devoted to educating the public in the run-up to, and after, marijuana is legalized.

Why is it that the government is ignoring calls to ensure the safety of all Canadians on our roadways by funding and offering an adequate public education program? It is our responsibility as parliamentarians to combat the fallacy that cannabis use while driving is not a hazard to road safety.

The statistics are clear, but the Liberals are more focused on fulfilling an election promise than protecting Canadians. On the Peace Tower is the inscription, “Where there is no vision, the people perish.” The Liberals are showing a lack of vision. Again, the Liberals are imposing a deadline in order to fulfill one of their election promises. Rushing such legislation is against all recommendations, including that of the CAA and the Liberals' own task force.

As members know, the Conservative Party has always supported measures that protect Canadians from impaired drivers. Drug-impaired driving is a real concern in Canada. The Department of Justice's own statistics cite a 32% increase in deaths from marijuana-involved traffic accidents in the span of a year.

In Colorado, marijuana-related traffic deaths increased by 154% between 2006 and 2014. This was according to a study done by Rocky Mountain High Intensity Drug Trafficking Area, a collaboration of federal, state, and local drug enforcement agencies.

It is wrong that the Liberals should ram this legislation through without consideration for the well-being of our citizens. Douglas Beirness, a senior researcher with the Canadian Centre on Substance Abuse, gave voice to similar concerns when he acknowledged, “We’re getting a picture that people who are using cannabis are dying in greater numbers than ever before.” The government needs to ensure that Canadians understand the risks of impaired driving before moving forward with this legislation. At this point it would seem that the Liberal logic is skewed.

Another consequence to rushing this legislation through is that it does not address the concerns police forces have in respect to detecting drug-impaired drivers. Superintendent Gord Jones of the Toronto Police Service, the co-chair of the Canadian Association of Chiefs of Police traffic committee stated, “We’re having our challenges. The most pressing one is that we don’t know what the legislation will look like. It makes it hard to train and prepare.”

The Conservative Party is concerned that our police currently do not have the resources and training they will require to manage the increased threat of impaired driving associated with the legalization of marijuana.

The following excerpt is from the February 4, 2017, edition of the Ottawa Citizen:

Under legislation introduced in 2008 to update impaired driving laws, drivers suspected of drug use have been required to participate in a drug evaluation conducted by a Drug Recognition Expert, or DRE.

These police officers, trained to an international standard, rely on their observations to determine whether a blood or urine test is warranted.

The problem is that there are fewer than 600 trained DRE officers in Canada. An assessment conducted in 2009 estimated that Canada needs between 1,800 and 2,000 and the training system isn’t equipped to pump out trained officers any faster.

It goes on to say:

Cannabis affects tracking, reaction time, visual function, concentration and short-term memory. Signs of cannabis use include poor co-ordination and balance, reduced ability to divide attention, elevated pulse and blood pressure, dilated pupils, the inability to cross the eyes, red eyes and eyelid or body tremors.

The government must address the shortfall in DRE-trained officers if it is to sufficiently test for drug-impaired drivers. I reiterate that the Liberals must have trained DRE officers in place prior to the passage of Bill C-46. They have put the cart before the horse. The order that they are proceeding in is wrong, and the result will be more deaths on Canadian roadways.

Additionally, testing for cannabis is far more bomplicated than testing for alcohol. While the timing of alcohol consumption is readily detected with a breathalyzer, the smelling of cannabis does not necessarily mean it was recently consumed, as drugs absorb at a different rate than alcohol. Chemical traces of cannabis remain in the body longer than alcohol. Whereas breathalyzers are recognized by the courts, there is no such precedent with drug-impaired driving. There will be challenges until there are court decisions.

Let me be clear. When the Conservatives were in government, we supported increased penalties for crimes that put Canadians in danger, such as impaired driving. It is interesting to note that the Liberals opposed legislation that imposed higher maximum penalties. Their approach now simply makes no sense. The Conservatives introduced a private member's bill on impaired driving, as my colleague pointed out, Bill C-226, and the Liberals opposed that legislation.

Bill C-46 raises concerns with regard to law enforcement. Let me be clear. For nine years the Conservatives fought hard to bring in tough impaired driving legislation which the Liberals, as we know, opposed at every opportunity. Now they wish to introduce Bill C-46 to counter their own legislation, Bill C-45, the bill that would legalize the sale and consumption of marijuana. If reasonable suspicion were to remain a criterion, the public would be fully protected, both in terms of their charter rights and freedoms and in regard to their safety on the roads.

Another troubling aspect of Bill C-46 is the fact that it will inevitably cause more court backlogs and delays when individuals would find themselves in the position of having to challenge the legislation.

The Liberals have already created an unnecessary crisis in our legal system by refusing to appoint the required number of judges. It was just pointed out today during question period that they have not. As a result, alleged rapists and murderers are being set free as court cases across the country are being stayed following the Jordan decision. I am guessing that Bill C-46 would further burden the law courts with challenges, worsening the current crisis.

Canadians could lose confidence in their justice system, and unless amendments are made to Bill C-46, disaster will ensure if more and more cases are dismissed. I find it ironic that they would abolish the $200 victim surcharge for murdered victims' families in the name of alleviating financial hardship on the convicted, yet would seek to financially burden citizens who may be forced to challenge this legislation.

The marijuana task force report's advice to the ministers, on page 44, was as follows:

“The Task Force recommends that the federal government invest immediately and work with the provinces and territories to develop a national, comprehensive public education strategy to send a clear message to Canadians that cannabis causes impairment and the best way to avoid driving impaired is to not consume. The strategy should also inform Canadians of the dangers of cannabis-impaired driving, with special emphasis on youth, and the applicable laws and the ability of law enforcement to detect cannabis use.”

The task force went on to recommend that the federal government “invest in research to better link THC levels with impairment and crash risk to support the development of a per se limit; determine whether to establish a per se limit as part of a comprehensive approach to cannabis-impaired driving, acting on findings of the drugs and driving committee; re-examine per se limits, should a reliable correlation between THC levels and impairment be established; support the development of an appropriate roadside drug screening device for detecting THC levels, and invest in these tools; invest in law enforcement capacity, including DRE and SFST training and staffing; and invest in baseline data collection and ongoing surveillance and evaluation in collaboration with provinces and territories.”

The report went on to say, “While it may take time for the necessary research and technology to develop, the task force encourages all governments to implement elements of a comprehensive approach as soon as feasible”.

Thus far, we have not seen any plans to make sure these recommendations are put into effect. Why is that? Could it be that the government simply does not have the money? I find that hard to believe. I think it has the money for everything. The government's own finance department produced a report that says it is not going to be worried about a balanced budget until 2055, so what is the problem with the government spending more money?

The government needs to put the welfare of Canadians first and foremost and before its own political agenda. It is simply wrong that the government would not provide the necessary education, detection tools, deterrent policies, evaluation data, and national coordination between the provinces and territories to inform Canadians on the dangers of drug-impaired driving. This should be part of an overall legislative approach to implementing Bill C-46. The absence of these components, in addition to adding further strain on our already overburdened courts, would make the hasty passage of this bill reckless.

[Cannabis Act, May 30th, 2017]

Mr. Speaker, what I first want to do is thank the member for Kitchener—Conestoga for his support of the amendments that we have brought forward here today, and thank him for his support throughout this issue, on behalf of our party. He is absolutely correct.

I say to the Liberals to raise the age to 21. If they are so concerned about children, go ahead. Do not take my word for it, but check out all the medical reports and organizations. It is not the Conservatives who are saying that one should not be smoking marijuana under the age of 21 or 25. No, check with all the medical people and then make an amendment to bring it up to 21. Start with that, then get rid of the four plants in the kitchen, and I promise that will better protect children in this country.

[Cannabis Act, May 30th, 2017]

Mr. Speaker, on one part, I am not going to challenge the hon. member who said that if the government legalizes it, that the quality of marijuana that our children would be smoking would be increased. Again, I am not happy with any marijuana being smoked by children.

I have to go back to one section of this, and I put this to the hon. member. We are very concerned about the protection of our children from having access. Again, I ask the Minister of Justice this, and I would love to hear from the parliamentary secretary. Is there any easier way to get marijuana than if one's parents and everybody have plants in the kitchen? I cannot imagine. It is not enough just to say that prescription drugs are up in the medicine cabinet and children have access to them. Children can be protected against medical prescriptions, and my colleagues are pointing out ways we can do that. Of course we can.

However, by definition, one has to have plants out there, I guess, in the kitchen by the window to get lots of sun, with lots of exposure to the kids. I cannot understand how the Liberals can be making this point that somehow we are protecting our children here. Guess what: one is only going to get four plants and cannot have 40 plants. One can only have four plants because we are so worried about the health of our children. I say to skip it.

I ask the members of the Liberal Party why not bring a subamendment and get rid of that whole thing about the four plants. Get the plants out of people's houses. Nobody wants that.

[Cannabis Act, May 30th, 2017]

Mr. Speaker, when the hon. member says that the Conservatives are not worried enough about criminalizing this activity, we are worried about children having access to any marijuana. We are very concerned about that. The health studies, as I pointed out in my speech, point out very clearly the harmful effects that smoking marijuana can have on brain development. One of the things we have pointed out as well is that there is no safe level on this.

I have indicated that we cannot do what the Liberal government has done, which is to dump it all on the provinces. We know what happened to the Liberals. It is like their promise on electoral reform. They did not think it out. They probably thought the NDP would win the election, so they could promise anything, such as new electoral reform, legalized marijuana. These are wonderful things, but then it turned out they ended up in government. Now we can see that the government has not thought this out at all. To say that it will push it through and then the provinces can figure it out is completely unacceptable.

Yes, we are very concerned about that and we are proud of the position we have taken.

[Cannabis Act, May 30th, 2017]

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.