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Health committee  Yes, it would be an improvement if that could be done. Again, that would be a way for the demand to be met by.... Landlords are certainly in this business. We provide housing for people, and we do it very cost effectively. But the motivating factor is, frankly, to make money. I

September 13th, 2017Committee meeting

John Dickie

Health committee  With added second-hand smoke as kind of an amenity.

September 13th, 2017Committee meeting

John Dickie

Health committee  Yes, it's certainly a concern. One of our suggestions today is to attempt to achieve a compromise in which a landlord's consent is required, and with different levels, which the provinces could choose, of ability to refuse or not refuse consent. That would allow us to take into

September 13th, 2017Committee meeting

John Dickie

Health committee  Yes. She could certainly address the issue herself, but that takes a certain fortitude to do. She can, I think, in most of the provinces go to the landlord and say, “Look, the neighbour's interfering with me; will you please do something about it?”

September 13th, 2017Committee meeting

John Dickie

Health committee  But that's when it gets into whether the landlord has the right, because remember that 90%—well, hell, it's 99% right now—of leases do not prohibit marijuana smoking or marijuana growing. They didn't have to, because it was in the law.

September 13th, 2017Committee meeting

John Dickie

Health committee  Effectively, the legal regime of today is going to be turned on its head. Gradually landlords can take it back through a lease prohibition, but again in Ontario and largely in Quebec, you cannot impose a new lease term on a tenant. So there will be all those grandfathered leases

September 13th, 2017Committee meeting

John Dickie

Health committee  As to the second question, no. I don't think Ontario has focused on this either. People tend not to get this distinction between rental dwellings with these other competing interests and detached homes. As to the first question, the question of damage, yes, Ottawa, for example, h

September 13th, 2017Committee meeting

John Dickie

Health committee  Absolutely.

September 13th, 2017Committee meeting

John Dickie

Health committee  Typically it's a question of this test of substantial interference with reasonable enjoyment. There has to be not just an interference with the other person's enjoyment, but a substantial interference. Medical problems will meet that test. If someone has asthma, someone's affecte

September 13th, 2017Committee meeting

John Dickie

Health committee  Well, it seems to me that the federal government is legislating in this area, in part because of its power over criminal law. I realize that with respect to criminal procedure, there are differences in the different provinces, but with respect to criminal law, for the most part,

September 13th, 2017Committee meeting

John Dickie

Health committee  I see. Well, in that respect that might be a partial solution. Certainly, as I understand it, the provinces, under their power with respect to civil property and civil rights, could in fact ban the home production. They could ban various forms of cultivation. They're being give

September 13th, 2017Committee meeting

John Dickie

Health committee  Yes, absolutely, especially for medical users, but for everyone we would strongly support that. There are some health concerns in terms of children getting at it but, hopefully, that would be a limited problem and could be addressed in a careful way. To avoid second-hand smoke wo

September 13th, 2017Committee meeting

John Dickie

Health committee  The only way they would not do that would be if the provinces added violations of those terms or that behaviour as a ground for termination under, for example in Ontario, the Residential Tenancies Act. Again, Ontario might do that because they look like they want to drive everyth

September 13th, 2017Committee meeting

John Dickie

Health committee  And it would also be contingent—in some of the other provinces, in the Atlantic provinces or the west—on how the boards reacted to this. It's certainly the case law that for mere trivial breaches of the lease, the landlord cannot terminate. So if the view is taken that, oh well,

September 13th, 2017Committee meeting

John Dickie

Health committee  That is a question that would vary by the province. Let me rephrase that slightly. Across Canada, landlords on first renting could impose a ban on cultivating and/or smoking. However, enforcing that ban would be relatively easy in the Atlantic provinces and in the west from Manit

September 13th, 2017Committee meeting

John Dickie