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Cannabis Bill

Bill to Amend—Second Reading—Debate

February 13, 2018


The Honorable Senator Peter Harder, P.C.:

Honourable senators, I am pleased to rise today to take part in the debate on Bill C-45. This bill will address a serious public health issue by legalizing and regulating cannabis in Canada. Bill C-45 will also strictly limit access to cannabis.

First, I would like to thank the senators who participated in the debate so far. Their analysis will help guide the committee as it studies this important legislation from a public health and safety perspective. I know that it will be a thoughtful and forward-looking study.

In particular, I would like to thank Senator Dean for his dedicated and innovative approach as sponsor of Bill C-45, and for his eloquent and informative remarks commencing second reading in late November of last year. As Senator Dean told us, cannabis prohibition has not deterred a significant number of Canadians from consuming cannabis, especially young Canadians who face a greater risk of harms when cannabis is used frequently and intensively.

It has resulted in the criminalization of tens of thousands of Canadians for simple possession.

It has funded a vast illegal market with no safety or product quality standards, and it has provided billions in profits to criminals and organized crime.

Most importantly, cannabis prohibition has led directly to the situation we face today, where Canadian youth are using cannabis at rates that are amongst the highest in the world.

In response to high rates of youth consumption in Canada, Bill C-45 proposes a remedy — a new approach of strict cannabis control and public education — to address the health and safety problems that exist in Canada right now, and to take the market out of the hands of organized crime.

In my speech today, I will not try to match Senator Dean’s observations on the principle of the Cannabis Act and the urgent need for this bill form a public health standpoint. In the interest of transparency for the public and the Senate, I would instead like to talk about three important aspects of the Senate’s study of Bill C-45.

First, I would like to share some information regarding the government’s consultations with indigenous partners with respect to legalization, as I know many senators have a good deal of interest on this important matter.

Second, flowing from the input and advice of many senators, I will propose a potential structure for a collaborative study of Bill C-45 that would leverage the expertise of three Senate committees.

Third, I will share my view regarding the potential timing of a vote on second reading and the commencement of committee proceedings on Bill C-45.

Specifically, for reasons I will explain, I would propose that this chamber make a decision on second reading of Bill C-45 on or before Thursday, March 1. For the public’s information, this date would afford senators an additional two weeks of second reading debate on top of the four we’ve already had, with opportunities for all senators to contribute. The other significance of March 1 is that date falls before a planned two-week recess in the Senate’s sitting schedule. A decision on or before March 1 would enable Senate committees to use those two weeks’ time to organize for their hearings —

I can indicate the government has pursued extensive outreach and engagement with indigenous experts, representative organizations, governments, youth and elders to ensure the specific needs and interests of indigenous communities are carefully considered throughout the legislative process of Bill C-45 and the consequent implementation process.

Looking as far back as the early engagement undertaken by the task force, indigenous representatives from across the country participated in a variety of engagement activities, including via expert round tables, bilateral meetings and an indigenous people’s round table. This engagement provided the task force with valuable information and perspectives, and a better understanding of the early interests of First Nations, Inuit and Metis partners as the foundation for the task force’s advice to government.

Following the work of the task force, the government has continued to engage indigenous governments and organizations at the most senior levels.

I can indicate to senators that federal, provincial and territorial Ministers of Health met with indigenous leaders to discuss cannabis as part of the Ministers of Health Meeting in Edmonton in October of last year. The Minister of Health has personally reached out to the Assembly of First Nations, Inuit Tapiriit Kanatami and Métis National Council representatives to seek their active participation in public consultations on the proposed regulatory approach.

Federal officials continue to meet regularly and engage through bilateral meetings with First Nations, Inuit and Metis representatives as well as through broader engagement meetings with indigenous organizations and communities. In fact, over the past several months alone, federal officials have attended and presented at nearly 30 meetings with indigenous communities and organizations throughout the country. As you will recall, I shared the details of many such meetings with senators in November prior to second reading of Bill C-45.

And perhaps of particular interest to Senator Patterson, on January 31, the Minister of Health met with the Honourable Pat Angnakak, Nunavut Minister of Health. As well, Parliamentary Secretary Bill Blair met with Pauktuutit Inuit Women of Canada on February 5, and with Nunavut Tunngavik Incorporated and Iqaluit Mayor Madeleine Redfern on February 1.

Indigenous communities have identified public health as a top priority. In response, the government is working with indigenous organizations and experts to develop and deliver culturally appropriate education and communication material and, where possible, to support indigenous groups to lead some of these public education and engagement efforts. For example, the government is providing funding for the Assembly of First Nations cannabis task force.

In addition, the government has invested in programs relating to public and mental health in indigenous communities, including programs that speak to the concerns raised appropriately by Senator Patterson in the context of northern communities.

The government provides over $350 million each year to support the mental wellness needs of First Nations and Inuit communities. This funding supports mental wellness promotion; addictions and suicide prevention; crisis response services; treatment and aftercare; and supports for eligible former students of Indian residential schools and their families.

In addition, the National Aboriginal Youth Suicide Prevention Strategy has provided funding for over a decade for diverse community-based suicide prevention projects that focus on increasing protective factors such as resilience and reducing risk factors through prevention, outreach, education and crisis response.

I anticipate senators will explore the details of this public health approach to cannabis in indigenous communities in the upcoming potential subject matter study at the Senate’s Aboriginal Peoples Committee. As I have indicated to this chamber, the government welcomes such a study, and I will have more to say on this point shortly.

In addition to public health, indigenous communities have also identified public safety as a priority. Most recently, in January 2018, the government announced a federal investment of up to $291.2 million over five years for policing in First Nations and Inuit communities. This funding will be dedicated to communities currently served under the First Nations Policing Program.

As regards economic development opportunities, as of January 25, there were 4 existing licensed producers of cannabis and 10 current applicants having self-identified as having indigenous affiliations.

Looking ahead to legalization, the government is now offering an indigenous applicant navigator service to help guide applicants through the licensing process. Upon application, a licensing professional will reach out to the applicant and be their guide throughout the process.

Honourable senators, the information I shared with you today is not comprehensive. The government will continue to share information with senators to help them do their due diligence.

Last Tuesday, the Honourable Ginette Petitpas Taylor, Minister of Health and minister responsible for consultations with indigenous partners, joined the Senate in committee of the whole. She answered questions on Bill C-45, including on the involvement of indigenous peoples in the process. I can tell you that Minister Petitpas Taylor is pleased with senators’ interest in this matter and all other public health aspects of cannabis legalization.

I will now turn to the Senate’s upcoming committee study of Bill C-45. Having had the benefit of the input and ideas of many in this chamber, I would like to offer some thoughts on how the Senate may collaboratively and innovatively structure its upcoming Bill C-45 committee study. The objective would be to leverage the subject-matter expertise of the Aboriginal Peoples Committee on indigenous consultations; of the Legal and Constitutional Affairs Committee on the criminal measures in Bill C-45; and the Social Affairs, Science and Technology Committee on the legalization framework in its entirety, and with particular attention to Bill C-45’s central focus on public health and harm reduction.

I have tabled today a government motion for senators’ consideration that seeks to reflect and balance the input and ideas I have received from senators.

The motion proposes that, following the Senate’s decision on the principle of Bill C-45 at second reading, the Senate refer the subject matter of Bill C-45 insofar as it relates to indigenous persons to the Aboriginal Peoples Committee for study. The motion would also provide for that committee to report to the Senate by Thursday, April 19. The intention of the motion is to formally express government support for the excellent proposal Senator Dyck has already brought forward. The intention of the motion is also to suggest a timeline that would allow the Social Affairs Committee ample time to consider the findings of the Aboriginal Peoples Committee in conducting its hearings and prior to making its report on Bill C-45.

For greater clarity, the April 19 date I am suggesting would allow third reading debate of Bill C-45 to commence in early May. I would also note that the Aboriginal Peoples Committee’s study will hopefully commence well in advance of Bill C-45’s potential referral to committee by an independent motion and with government support. That prospect would afford the committee over two months to study this subject matter until the proposed reporting date.

However, since there is understandable curiosity about the potential date of legalization, I will be transparent with Canadians that under this timeline of study at committee, implementation is possible this summer. As the ministers responsible for Bill C-45 indicated to the Senate last week, the actual lifting of the prohibition on cannabis would follow an eight- to twelve-week regulatory period commencing after Royal Assent.

Honourable senators, I will return to the content of the motion in a moment. In regards to its deliberations, I would be the first to note —

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