Prime Minister Justin Trudeau has
embarked on a political battle with the Senate and a potential legal
fight with Quebec and Manitoba in order to give all Canadians the right
to grow their own cannabis.
Mr.
Trudeau and his government formally rejected the Senate’s key amendment
to Bill C-45 on Wednesday, vowing to proceed with a regime for legal
cannabis that will allow adult Canadians to have up to four plants at
home. The Senate, which is a protector of provincial rights, wanted to
confirm that Quebec and Manitoba would have the ability to prohibit home
cultivation.
Before a caucus
meeting, Mr. Trudeau asserted the federal government’s responsibility
for creating rules that will push organized crime out of the cannabis
market. Health Canada is licensing the companies that will produce
recreational cannabis, but Mr. Trudeau does not want to criminalize
those who grow small quantities at home.
“We’re
making the changes to keep Canadians safe and one of the strong
recommendations by experts was that we ensure personal cultivation of
four plants at home,” Mr. Trudeau told reporters. “We have heard what
the senators had to say on this matter, but we will go ahead with the
recommendations from experts.“
The
government’s position could prompt a power struggle between the House
of Commons and the Senate in coming days. The 32-member Conservative
caucus in the Senate will continue to fight for the provinces’ right to
prohibit home cultivation, but it remains unclear how the 46 members of
the Independent Senators Group will react.
Convention
has it that the Senate will ultimately defer to the House of Commons
and will not refuse to pass a bill, especially one that fulfills an
election promise. The case of Bill C-45 could be a test of that
convention.
None of the senators appointed by Mr. Trudeau voted against the bill, including two who were sworn in the day of the vote.
“We have time in front of us,” said independent senator André Pratte, who had proposed the amendment on home cultivation.
Independent
senator Tony Dean, who sponsored Bill C-45 in the Senate, said he was
disappointed by the rejection of the amendment, while defending the
government’s right to design a new production system.
“My
view on this is that at the end of the day, government makes decisions
and they are the decision maker in our context. Importantly,
accountability goes along with that; the government is responsible for
the bill and its outcomes,” Mr. Dean said.
Saying
it will be hard to police, Quebec and Manitoba have both decided to
prohibit home cultivation in their respective legislation dealing with
recreational cannabis. This nearly guarantees that the matter will
eventually end up in front of the courts.
“If there is a legal battle to wage, we will wage it,” Quebec Health Minister Lucie Charlebois told reporters in Quebec City.
Federal
Health Minister Ginette Petitpas Taylor said Bill C-45 needs to be
harmonized with laws dealing with alcohol, tobacco and medical
marijuana.
“Canadians can grow their
own tobacco and make their own beer and wine at home. ... People can
already grow cannabis for medical purposes. We think it is logical for
the proposed legislation to be consistent when it comes to recreational
cannabis,” she told reporters.
Ms.
Petitpas Taylor said that if individual provinces want to impose
further restrictions on home cultivation, they have the necessary leeway
to make up their own rules, within certain limits.
“Provinces and territories have the right to bring down the number to one plant for home cultivation,” she said.
Ms.
Petitpas Taylor declined to speculate on the Senate’s reaction to the
government’s refusal to accept its amendment on home cultivation.
“I hope they will accept the government’s decision,” she said. “I cannot comment on something that may or may not happen.”
The
Conservative senators will try to convince Liberal and independent
senators to stick to their guns, especially on home cultivation and
efforts to force more transparency on the identity of investors in the
cannabis industry. On home cultivation, Conservative senator Claude
Carignan said the government’s position will only lead to unnecessary
court battles with Quebec and Manitoba.
“It’s one of our key responsibilities in the Senate to defend the powers of the provinces, it’s a fundamental issue,” he said.
There
have been a number of political battles between the House and the
Senate in recent months, but the one over cannabis stands to be the most
closely watched as Ottawa seeks to lift the prohibition on the drug
that goes back to 1923.
The date for the vote in the House on Bill C-45 has not been set.
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