Special Committee on the Non-medical Use of Drugs (Bill C-38)

HOUSE OF COMMONS CHAMBRE DES COMMUNES OTTAWA, CANADA K1A 0A6

Comité spécial sur la consommation non médicale de drogues ou médicaments (Projet de loi C-38)

For immediate release

Ottawa, November 18, 2003 - Paddy Torsney, M.P. Chair of the Special Committee on the Non-medical Use of Drugs (Bill C-38) is pleased to announce the tabling of the committee’s two reports on Bill C-38, An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act. The Committee was reconstituted on October 7, 2003 with a mandate to study the bill and report back to the House of Commons.

“I am very pleased to have been a part of the process to modernize Canada’s laws regarding the possession of small amounts of marijuana,” said Ms. Torsney. “This is an issue that has been discussed for several decades, all the way back to the Le Dain Commission in the early 1970s. It is now time to move forward with this important initiative.”

Bill C-38 introduces alternative penalties for the possession of small amounts of marijuana (under 30 grams). Under this legislation, all possession and cultivation of marijuana remains illegal. Offences relating to the possession of small amounts of marijuana would, however, be prosecuted as a contravention by means of a ticket. This new ticketing regime better reflects the severity of the crime. “The Government believes that Canadians should not be saddled with a criminal record for possessing small amounts of marijuana. This is a case where the consequences of being convicted for an offence far outweighed the offence itself.” said Ms. Torsney. In addition to the alternative penalties for possession, Bill C-38 increases the penalties for those individuals who cultivate large amounts of marijuana, addressing the concerns of all Canadians.

The committee has made three substantive recommendations for changes to the bill. The bill now would include a provision that makes it an offence to release personal information to foreign governments and international organizations in relation to the offences of possession or cultivation of small amounts of marijuana. This amendment would protect Canadians when travelling abroad.

The committee also recommends alternative penalties for the cultivation of 1-3 plants for personal use. The fine for this offence would be $500 for an adult and $250 for youth. The committee believes strongly that this will reduce the interaction of those who use marijuana with criminal elements of society.

Finally, the committee has recommended that after three years, a comprehensive review be undertaken of the effects of the alternative penalties on Canadian society.

In a complementary report, the committee has unanimously made two significant recommendations to the government. The first requests that the Government further its work on other aspects of the National Drug Strategy, of which the legislation dealing with marijuana is only one part. In addition, the committee agreed with testimony from witnesses that a new strategy to deal with the issue of drug impaired driving be a priority of the Government and be implemented as rapidly as possible. “We share the concerns of Mothers Against Drunk Driving and other witnesses regarding drug impaired driving,” said Ms. Torsney. “It is our responsibility to educate Canadians, particularly young people, that toking and driving is not now, and never will be, acceptable. As a committee we strongly urge the Government to quickly move forward with a framework that will allow our law enforcement officials to more adequately deal with drug impaired drivers.”

Ms. Torsney thanks the committee members from all parties for their hard work and dedication to improving the situation for all Canadians.