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Question to the Minister of Public Safety and Emergency Preparedness

Cannabis Bill (C-45)

February 6, 2018


The Honorable Senator Raymonde Saint-Germain:

Thank you, ministers. First of all, on behalf of the Independent Senators Group, I want to assure you that we want to conduct the most rigorous, objective, and documented study of the issues posed by the legalization of cannabis. We are aware that there are many problems with the status quo, but we also want to ensure that the many health and safety issues and any other considerations are carefully analyzed in the public interest. You will ascertain from my colleagues’ questions that we are determined to have the best possible analysis on which to base our decision.

My question is about legalization and, more specifically, clause 8 of Bill C-45, which will now allow every household to grow a maximum of four cannabis plants. I would like to know how exactly law enforcement agencies — whether it is the Royal Canadian Mounted Police, provincial police forces, especially in Quebec or Ontario, or municipal forces — will implement this provision. How will they enforce it? Will they need a search warrant to enter homes? Will they rely on a reporting system? In practice, how will this provision of the law be enforced by police forces?

Mr. Goodale: Thank you for the question, madam senator. We have been working closely with provincial and municipal authorities, as well as police forces, to make sure that they are amply informed and equipped to deal with the issues that they will need to deal with under this legislation.

The issue of enforcement falls to the police force of local jurisdiction so that whoever has the existing authority today to administer the Criminal Code in various jurisdictions across Canada will have that same jurisdiction with respect to cannabis.

We have taken particular steps, as you know, to make sure that police forces are equipped with the training and with the devices they will need to deal with drug-impaired driving. That’s in a different piece of legislation, Bill C-46, so I won’t wade into that in detail other than to say we have made a $274 million investment, which is presently under very active discussion with our provincial counterparts in terms of the distribution and the flow of that money across the country to make sure that police forces have the training and tools they need to enforce the law once Parliament has given its approval.

I turn to the Minister of Justice to offer more information about the necessary procedures in terms of searches and search warrants.

Ms. Wilson-Raybould: Thank you, minister, and thank you, senator, for the question.

I will point out that we have provided, by way of the backgrounder with respect to Bill C-45, a Charter statement that speaks to where the Charter is engaged. To build on what my colleague has talked about in terms of enforcement, police officers will need to have judicial authorization before they can enter into a private residence.

 

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