Mr. Speaker, I am glad to have an opportunity to speak to Bill C-45, which would bring in a wide-ranging set of changes to our lives.
First let me say that the NDP has a proud 45-year history of championing marijuana decriminalization. We have been asking the Liberals to immediately decriminalize simple possession of marijuana as an interim measure, as many young and racialized Canadians continue to receive charges and criminal records that will affect them for the rest of their lives, not to mention the thousands of Canadians who have criminal records for simple possession of a substance that will soon cease to be illegal.
The changes to the law that Bill C-45 would bring are long overdue, but while we wait for the bill to become law, why will the government not bring in an interim measure of decriminalization, or at the very least, why will it not invoke prosecutorial and police discretion to cease enforcing an unjust law?
In their election platform, the Liberals claimed that arresting for 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 offences. Given the current situation of an overloaded justice system where cases are being thrown out and charges stayed because of long delays in courts, it just does not make any sense to keep charging Canadians for simple possession of marijuana.
I am particularly concerned about the continued criminalization of cannabis because Saskatchewan is the place people are most likely to get busted for simple possession of marijuana and Saskatoon tops the list of major Canadian cities.
According to 2014 data from Statistics Canada, 77% of the time Saskatoon police stop someone suspected of having pot, they lay a charge. That compares with 48% in Regina, and the Canadian average is 39%. Meanwhile, if we look at the per capita rates of charges, Saskatoon ranks fourth behind Kelowna, Gatineau, and Sherbrooke. Overall, in 2014, police reported more than 104,000 drug offences, of which two-thirds, 66%, were related to cannabis and mainly possession of cannabis.
The Liberals have yet to explain their reasoning for refusing to decriminalize marijuana and their intransigence is adding to the confusion. Indeed, even law enforcement agencies and experts agree that inconsistencies abound:
Neil Boyd, the director of the school of criminology at Simon Fraser University, has concerns about who is facing criminal consequences for pot possession.
“I don't think that we can really be confident that the law is being applied equally,” Boyd said. “We know that young people with fewer resources and less access to private space are going to be much more likely to be processed for this offense than people who are older and have access to private space.”
Boyd said some people may see outdoor use of marijuana as a nuisance.
“It could be a civil fine for public use of cannabis, that would be entirely legitimate. But to treat a person who's using cannabis as a criminal. It's like using a sledgehammer for a flea.”
Two years ago, the Canadian Association of Chiefs of Police called for the option to write a ticket for simple possession, noting that right now their only choice is to lay charges or turn a blind eye.
In fact, even the Prime Minister has admitted that the rich and well connected have an easier time avoiding a criminal record while citing the example of his late brother, Michel. Their father, Pierre Trudeau, reached out to his friends in the legal community, got the best possible lawyer, and was very confident that he was going to be able to make those charges go away. People from minority communities, marginalized communities, without economic resources, are not going to have that kind of option to go through to clear their name in the justice system.
Not all of us have the connections of course that the Trudeaus have, and tens of thousands of Canadians will end up having criminal records for life because, despite the Prime Minister's remarks to the contrary during the election campaign, the Minister of Public Safety has stated that the government has no interest in granting a blanket pardon for people with criminal records for possessing small amounts of cannabis.
There is also no indication that the Liberals are interested in making pardons easier to obtain, or if they will address the high $631 fee for an application. Not being able to access a pardon remains a serious obstacle for people who are trying to escape their criminal past and move on with their lives. Why will the Liberals not commit to pardoning those who have previous convictions for simple possession of marijuana?
Aside from the confusion surrounding the pardons and the continued criminalization of simple possession, many questions remain unanswered. There are questions regarding the proposed cannabis tracking system. What does it mean for the privacy of Canadians? How will the data be managed? How much will it cost to implement? For the moment, Health Canada cannot say anything other than that it intends to offset such costs through licensing and other fees. Clearly, we need more details and an extended discussion around these important questions.
We also need answers on crossing the border for those who admit to smoking marijuana. For instance, the Prime Minister himself could be sanctioned at the border and banned for life if he did not have a diplomatic passport. We already have a host of problems at the border with Canadians being stopped, interrogated, and turned away without good cause. How is the government proposing to deal with any or all of these irritants for Canadians at the border?
One of the negative health consequences of the criminalization of cannabis has been a widely acknowledged lack of scientific research into the health impacts of cannabis use, especially chronic long-term use, particularly among young people. One especially grave concern is the fact that there is at present very little research available on the impact of cannabis on the development of the young brain. We in the NDP will continue to press the government to begin establishing research plans and funding into these important areas.
I have also heard from many seniors in my constituency who would like to be better informed and supported as they try to navigate the confusing medical marijuana maze. In fact, an estimated 90% of prescription holders are accessing cannabis illegally rather than through licensed producers. Many Canadians with ailments and chronic pain issues may prefer medical marijuana over opiates as a treatment option.
However, the task force highlighted the need for access to accurate information on the risks and negative effects of cannabis. With a lack of enough peer-reviewed, credible research on the impact of cannabis use, there is a tendency for cannabis activists to overstate the capacity of cannabis to heal or cure certain chronic conditions. All Canadians will benefit from robust, well-researched, and prominent public information and education programs, but the government has not been clear about how it will be funding public education and research and how that will be rolled out. Will the Liberals commit to using revenues from cannabis legalization for public awareness, prevention, and treatment?
Bill C-45 also leaves many key issues to the provinces that will need time to set up their own regulatory systems. This is yet another reason that this process should have been started earlier.
The task force report calls upon all levels of government to quickly build capacities to create compliable cannabis policies and regulations. It will be a complicated policy task. Western Canadian economic opportunities to seize the economic potential of a new thriving cannabis sector are unprecedented. The determining factor between profit and loss, both for businesses and governments, is how effectively the regulatory framework is created, implemented, and monitored.
What remains unclear is what the tax structure and revenue structure will look like for cannabis and how this will be shared between the federal government and the provinces. The provinces and Canadians will have to wait to hear from the Minister of Finance on that matter.
Because the existing cannabis market is so substantial, it is critical to shift the dialogue toward tangible collaborative discussions on co-creating a taxable provincial cannabis distribution model. First nations, municipalities, provinces, and the federal government all have the opportunity to realize sustainable taxation revenues, provided inclusive and enforceable regulations are co-created with the cannabis industry as part of a collaborative public policy.
It is my hope that the government does not sweep these questions under the carpet and instead tackles them, because Canadians deserve to have clear and honest answers from their government.
