NAFA Connection
 

Canadian Legislative Issues

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After being highly criticized by Canadians, the media, and political pundits for failing to pull through on the campaign promise on electoral reform, the Liberals knew they needed to fulfill their promise on the legalization of marijuana. On Thursday, April 13, the Government introduced two pieces of legislation, one dealing with the legalization and one dealing with amendments to impaired driving regulations.

The cannabis legislation was mostly based on recommendations made by an expert panel a few months earlier. It will allow for the legal possession of up to 30 grams of cannabis, set the minimum federal age to 18 years old, and allows for Canadians to grow up to four plants at home. The legislation so far has received mixed reviews from the media and political pundits. However, many commend the government for taking a slow pace, as the legislation also includes tougher penalties and specific regulations to combat the black market. For example, it will create a new penalty of up to 14 years in prison for giving or selling marijuana to minors, all part of the general theme of keeping the substance away from children.

Employers, law enforcement, and NAFA members have been concerned for months on how the legalization will deal with impaired driving and working. Justice Minister Jody Wilson-Raybould has attempted to alleviate these concerns with legislation which will introduce major changes to Canada’s impaired driving laws. It will create three new drug-related offenses for drivers who have consumed cannabis within two hours of driving. For minor cases, a maximum of a $1000 fine will be implemented but for major cases, those found to be guilty could face up to ten years in prison.

Despite these new driving regulations seeming severe, they are not when compared to other jurisdictions, such as many regions in U.S. states or Australia, who have a zero-tolerance policy. The National Institute on Drug Abuse in the U.S. also suggests that there is no adequate way to measure how drugged a person is in a roadside test. This concern is shared by other Canadians and political parties, but the Liberals are confident they are doing the right thing.

The new legislation also targets alcohol-related impaired driving. Previously, police officers needed a reasonable suspicion to administer a test but the new law would allow them to demand a breathalyzer sample from any driver they stop. On the flip side, it will reduce the time offenders must wait before they can return to driving, as there would now be no wait for a first offense.

All in all, the Liberals can check off a box for a promise kept as they move forward with these two pieces of legislation to legalize marijuana responsibly. Should the legislation pass, which they would like it to before July 1, 2018, Canada would become the second country in the world to do so. Time will tell following that if the right course of action was taken and if the Liberals can walk in confidently to the election in 2019.

 

 

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