SPEECH: Bill C-45, the Cannabis Act at Third Reading

Hon. Ratna Omidvar:  Honourable Senators, clearly Bill C-45 is a bill that will change, in some significant way, the narrative of this country. It seems to me that every June since I’ve been here, we’ve been in the same discussions about bills that change the narrative of our country.

The first June I came, it was Bill C-14, the assisted dying bill; the next June, last year, we were dealing with Bill C-16, which was the transgender rights bill; and this June, we are dealing with the cannabis bill.

Just a word of orientation for our new colleagues who have come in the last few weeks: June is never a dull month in the Senate.

I also want to take the opportunity to thank two very hard-working people who have dealt with all our suggestions and ideas, and these are our two law clerks. I was not aware that we only have two law clerks to deal with the plethora of amendments we are making, not just on Bill C-45, but on Bill C-49, et cetera. I wonder if two is enough, but I will leave that for others to decide. I would like to make sure they get a vote of thanks from us as well.

 To get back to Bill C-45, like many Canadians, I wish that people did not consume alcohol to the extent that they become a danger to themselves and to others. I wish they did not smoke at all, because we know of the health harms associated with tobacco. I wish the same for cannabis, but I don’t think we can turn the clock back. Alcohol, tobacco and cannabis are facts of life. What we can do instead of wishful thinking is to legislate, regulate and monitor such that the health of individuals and communities is not at risk.

I will quote many other senators who have spoken before me: Prohibition does not work.

I grew up in a country where, depending on the government in power, alcohol was prohibited. I remember this distinctly. My father, who never had soup at home, would go to restaurant and order soup. I would wonder what he was doing; he didn’t drink soup. One day, I peered into the bowl, and of course, it was scotch and soda. I said to him, “Do you even know what that is?” He shrugged his shoulders.

So prohibition serves only one purpose within this context: It is to grow and secure an illicit market. The illicit market is worth $6 billion. I use the words “illicit market” very carefully and very knowingly, as opposed to the commonly used words “black market.” I have been educated by our colleague Senator Bernard on this matter, and I understand the sensitivities around it. I can’t promise not to slip up, but I’m at least aware of what those two words can mean to a community that is already, especially within the context of cannabis, so heavily and disproportionately impacted.

What I worry most about the illicit market — and, yes, it destroys lives, families and communities — what is really scary is that young people are brought into touch with criminal elements. That’s possibly normalizing criminal activities in their eyes. Who knows? It might even facilitate their entry into criminal activity.

I also think of the only way adults purchase cannabis, as long as it is illegal. I can only think of one source: You go to a dealer, who is part of an organized crime food chain. We know that. You call up your dealer — I’m imagining this; I have watched enough television shows to be quite vivid in my imagination — you stand at the corner of the street and someone gives you a baggie full of stuff. You don’t know what it is and what’s in it. You don’t know whether it contains THC, CBD. The danger is that you actually don’t know what is in it and, worse, you don’t know if it’s laced with something harmful. That is what worries me. It is like buying a pig in a poke.

Once legalization is the norm, you will go into a store or online and purchase a product. If it is labelled, you know what you are getting. You know its potency levels. There may be warnings on it, et cetera. You can be guaranteed that it will not be laced with a harmful substance.

I want to move on to another aspect of the illicit market and its impact on the consumer. We have heard a great deal in the chamber and at committee about the life-changing impact of criminalization. A youth indiscretion for simple possession leaves a lifelong imprint. As Senator Poirier pointed out yesterday, these harms include stigmatization, exclusion, limited opportunities for meaningful employment, and therefore worsening levels of poverty and poor health outcomes, all while exhausting limited public resources.

We have also heard at length about the disproportionate impact of criminalization on two historically excluded groups: Indigenous peoples and African Canadians. Senator Dyck reminded us that in Regina, Indigenous people are nine times more likely to be criminalized for simple possession compared to others. In Toronto, where I come from, in the 10 years between 2003 and 2013, Toronto police arrested Black people at three times the rate of White people for minor cannabis possession, and this despite data that shows similar rates of cannabis use among these communities.

Once again, criminalization has contributed to overrepresentation in our prison system for excluded groups.

I for one do not want to see another Indigenous person, African Canadian, racial minority or any other Canadian face a prison sentence for mere, simple possession.

But this does not complete my thoughts on this, because we do have fears. Let me move on to some of these fears.

We have heard people talk about the potential harm done by cannabis consumption among youth and the impact on their brain development. We have heard from many different witnesses. Quite frankly, the evidence is contradictory. Based on which point of view we have, we will cite the evidence that supports our point of view, but I don’t deny that there is a potential for harm.

I take some comfort from the witness statement of Ian Culbert from the Canadian Public Health Association who told us that only 1 per cent of students in Grades 7 to 12 reported using cannabis daily in the past 12 months. That is the key: It depends on how soon in life you start using cannabis and how often you use it.

I will say that 1 per cent is not insignificant. We have to be worried about the 1 per cent, and we can’t ignore this harm. But we also heard again and again in witness statements that legalization will help the scientific community do more research. They will be finally be able to do the research, because people will be admitting to using a legal substance as opposed to an illegal one. Then we will be able to find out, in a more scientific way I hope, the association of heavy usage, mental health and other health conditions. Once we know this, we can develop strategies and interventions based on evidence as opposed to fear and speculation.

There are other reasonable fears. Will use among young people go up? Frankly, I don’t know if it will, but again I look at evidence from south of the border. The National Survey on Drug Use and Health found that in Colorado use did not go up; in fact, it dropped a little for young people aged 12 to  17. In Washington, the Washington State Liquor and Cannabis Board found in their Healthy Youth Survey that use had not gone up in 2012 and 2016. They have a scientific survey, where they ask the same question to Grades 8, 10 and 12 every two years.

I suspect the sky will not fall if this bill is passed. In fact, there is reason to be confident, colleagues. Two days ago, a new survey was published by Deloitte. It found that two thirds of Canadian cannabis users say they will switch to legal retailers. The reason for the switch is better choice, better quality products and safety. They are also prepared, by the way, to pay a slightly higher price in exchange for a product that is legal, safe and regulated. So I feel more confident that the passage of this bill will achieve its objectives.

In conclusion, I want to make a few comments about the process we have gone through. I want to thank and commend Senators Harder, Smith, Woo and Day for coming up with this process that has allowed us in a timely, efficient and non-truncated manner to dig deep into these issues and participate in the debate in a fulsome and timely manner. Well done.

I would wish that we follow the same process, perhaps informally, for the next little while, and maybe we can actually formalize it in some time.

I also want to thank Senator Eggleton for the expert and elegant way he took members of the Social Affairs Committee through a very complex matter in a fair manner, as well as Senators Seidman and Petitclerc who joined hands to make sure that every member of the Social Affairs Committee was included.

Finally, I want to say thank you to Senator Dean. I personally owe a huge debt of gratitude to you, and I think we all owe you a huge debt of gratitude and appreciation for the absolutely outstanding job you have done. You have set a bar that is very hard for others to follow. Thank you very much.