Thank you, Senator Simons, for the story you just told about Eddie Snowshoe. That was very powerful.

Honourable senators, I’m rising to speak at second reading of Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis.

As of many of you know, my first vote in this chamber was on the message back from the house on Bill C-45, 51 weeks ago. I’m pleased to join in the debate on a related piece of legislation today.

Statistics Canada, in their 2018 Cannabis Survey, identified that Canadians view cannabis as being less harmful than either cigarettes or alcohol. Yet the simple possession of cannabis for personal use continues to prevent those who happened to have been caught, charged and convicted from moving on with their lives.

A conviction for cannabis possession stigmatizes those individuals with a criminal record which, in turn, can prevent them from accessing housing, a job, or even a volunteer position. The cumulative effects of these barriers can create a cycle that becomes nearly impossible to break.

Research tells us that cannabis use across racial groups is fairly similar. Statistics Canada does not report on drug use by racial status, but many studies have, including a recent one of youth in Ontario that noted no significant difference in cannabis use across race.

However, there’s a very striking difference when we look at arrests for cannabis possession. A Toronto Star investigation in 2017 examined 11,000 arrests over a 10-year period where the individual was not on parole or probation, the individual was charged with possession of up to 30 grams of cannabis and police noted skin colour. Twenty-five per cent of those arrested were identified as being Black, even though Blacks only made up 8.4 per cent of Toronto’s population at that time. The Star noted that when compared to Whites with similar backgrounds, Blacks with no prior criminal convictions were three times more likely to be arrested for possession of cannabis.

Is that justice? The evidence clearly suggests not.

But that’s not where the discrepancies end. Of those charged with cannabis possession, Black people were the highest racial group to be detained for a bail hearing. Specifically, Black youth were four and a half times more likely to be detained for a bail hearing than White youth. Is that justice — no prior criminal convictions, similar backgrounds, similar rate of use, but three times more likely to be charged and four and a half times more likely to be detained for a bail hearing? That’s not justice in my books.

A 2018 examination of statistics gathered using access-to-information requests revealed similar racial inequities across the country. How can we be satisfied with a justice system that is so heavily stacked against those who are already marginalized?

In my own city of Halifax, the data show that African Nova Scotians are five times more likely to get arrested for cannabis possession than Whites. I cannot help but compare that disparity to the one found in the March 2019 Street Checks Report that examined police practices in Halifax. The author, Dr. Scot Wortley, from the University of Toronto, found that African Nova Scotian men in Halifax are stopped by police at a rate six times higher than Whites. That same report revealed that 30 per cent of Halifax’s Black male population had been charged with a crime, while the same was only true for 6.8 per cent of the White male population over the same period. The report noted that:

. . . the fact that Black males are so grossly over-represented in Halifax charge statistics is completely consistent with community allegations that police practices – including street checks – target Black males and contribute to their criminalization;

Cannabis possession arrests were used as an example in this report to further highlight the consequences of racial bias in police activity. We’ve already established that cannabis use is similar across racial groups, but this report concluded that:

. . . Black people in Halifax were 4.5 times more likely to be arrested for marijuana possession than their presence in the general population would predict;

Is this justice — similar rates of use but four and a half times more likely to be charged?

This important report offered one more crucial point:

Criminal charges can severely limit social, educational and employment opportunities and could further entrench the racial inequalities that are so much a part of Nova Scotia’s history.

This quote highlights the need for Bill C-93.

On a cynical day, it is said that the law and justice are only distant cousins. I don’t believe that anyone in this chamber is satisfied when that claim is supported by compelling evidence, but the data I’ve just cited suggests that this is a fair assessment as it relates to the racial inequities associated with the possession of cannabis for personal use.

It is the responsibility of this chamber to look out for those who are not being treated fairly under the law and to constantly strive to make our laws more just. We know that many Canadians live lives where the cards are stacked heavily against them right from the start. Some of our colleagues in this chamber have a very personal understanding of this reality. There are others of us, me included, who have been fortunate to travel on a much more forgiving road through their lives.

Colleagues, the bill before us offers one small step toward helping us right some of these wrongs.

I have enormous respect for our own Senator Pate. She has worked tirelessly on issues related to our justice and correctional systems for years. Three months ago, she introduced her own bill to deal with some of the deficiencies of our current criminal records system, Bill S-258, An Act to amend the Criminal Records Act. What became powerfully evident to me when Senator Pate introduced that bill, and through many other interactions with her, including discussions inside prison walls, is that a sentence does not end once time is served.

I found myself wondering if we as Canadians actually want a correctional system, or do we prefer a punishment system that clings to the individual, seeps into every aspect of their life and never, ever lets go? I very much aspire for us to have a correctional system that enables and empowers offenders to pay their debt and then rebuild their lives as law-abiding citizens. Instead, in the context of Bill C-93, we have a system where a single, non-violent offence becomes an anchor that must be dragged through every minute of every day for the rest of your life.

I believe in the intention of a correctional system, especially for non-violent criminals. Do we want people to be able to course-correct and to be empowered to rebuild a life and ultimately earn the right to move on from a mistake? I do, absolutely. Will it be a really tough goal to achieve? Absolutely, but that doesn’t mean we shouldn’t try to make careful and determined progress.

Most of us in this chamber grew up in the 1960s and 1970s. I’m willing to bet that more than a few of us were somewhat less than perfect as we traversed through those rather interesting times. Think back in your own life, or to that of someone you love, when considering whether we should judge others too harshly for a single mistake.

The question before us today is whether we are willing to study a bill that looks to suspend the criminal record of individuals who have done something that half of Canadians have done, that is no longer illegal and that is holding them back from volunteering at their kids’ schools or getting the job that could make them more productive. It just makes sense.

This is a very small, low-risk move forward. If they are convicted of another crime, the record suspension is revoked and unsealed, as Senator Dean said.

Personally, I think it’s unfortunate that there isn’t an easier way to help those currently burdened with the charge of simple possession of cannabis. At committee in the other place, it was suggested there should be a way of just “pushing a button” to erase these records. That would be similar to the approach taken in San Francisco, where an algorithm was used to clear the charges. However, we’ve heard from Senator Dean why this government decided to proceed with this more involved application-based system.

My first year in this chamber has persistently reminded me of a truism: Perfection is the enemy of progress. So my unequivocal support for this bill is not based on its perfection; it’s based on the fact that it begins to correct some injustice and provides us with a path that allows us to learn how we might expand on the careful use of pardons and/or expungements in the future.

As it’s implemented, I expect those involved to gather important evidence, help us to better understand the limitations of our current records system and explore a variety of approaches for managing record suspension and expungement in the future. My hope is that we can use the resulting insights in the next Parliament as we examine the types of measures proposed by Senator Pate in Bill S-258.

I believe Bill S-258 holds the promise of helping us to build a justice and correctional system that is designed in every way to enable and empower offenders to rebuild their lives as law-abiding citizens. That is the actual mission of the women’s sector of the Correctional Service Canada: to enable and empower offenders to rebuild their lives as law-abiding citizens. It is not, however, the current reality.

But that is not the bill before us now. What we have before us now is a much smaller step, but it is still a very clear step forward. I encourage all honourable senators to support the second reading vote and send Bill C-93 to committee for study.

As Senator Dean pointed out, we’ve already seen a pronounced difference in the stigma associated with cannabis. Let’s work to help those charged with simple cannabis possession, especially those racial minorities who have been unfairly targeted, to move on with their lives. Thank you.