Reform in Canada Pretense & Perils

Canadian law actually provides for such a de facto mechanism. The Honourable Murray
Rankin is the Member of Parliament for Victoria BC and the current Vice-Chair of the
federal government’s Standing Committee on Justice & Human Rights. He is also a
former University of Victoria law professor. According to Mr. Murray, the Public
Prosecutions Act could be used to empower the federal Attorney General to direct
enforcement authorities and the courts to stop prosecuting people for possession of
small quantities of cannabis. A bill to invoke the Act for this purpose was introduced to
the House of Commons by Mr. Murray on June 13, 2016. Unfortunately, this opportunity
to bring justice to Canada’s law reform efforts was censured by Attorney General Jody
Wilson-Raybould and did not receive House support. The rationale offered against the
bill during debate, by members of the government, was replete with the customary
disingenuous and unsupported party-line vitriol about the enrichment of dangerous
criminals who threaten our children’s safety and propriety (Hansard, 2016).
2.8 The Impact of Delaying Decriminalization
In April 2016, Canada announced at the United Nations General Assembly Special
Session (UNGASS) that it would introduce legislation to legalize cannabis in the spring
of 2017. Shortly afterwards the Canadian government released a Discussion Paper
(Task Force on Marijuana Legalization and Regulation, 2016) that reiterated this target.
However, the government has not always been entirely transparent in informing
Canadians that the introduction of legislation will mark only an early milestone in a
complex and potentially long process. The availability of cannabis for recreational
purposes at legal retail outlets will come much later. There are at least eight reasons for
the unavoidable delay.
1) There is no evidentiary assurance of an aggregate net gain in public health, or even
of an outcome that is near-neutral. Even the most enthusiastic supporters of legalization
in the policy arena acknowledge that there are risks if this is not done with a public
health priority (Crepault, 2014). The risks and the uncertainty demand a slow thoughtful
process to mitigate potential harm to the public’s health.
2) There is not over-whelming public support for legalization across Canada. A Nanos
poll from May-June 2016 is frequently cited as showing that 69% of respondents
supported legalization. However, only 43% provided unqualified support, meaning that
more than half of respondents have at least some reservations, questions, or are
unsure (Tahirali, 2016). If the lack of assurance among Canadians is communicated to
their MPs, there could be a more cautious demeanor in the pending House of Commons
debates. The government apparently has some work to do to convince most Canadians
that commercial legalization for recreational purposes is a good idea.
3) There is a daunting regulatory labyrinth to be navigated including the determination of
government department responsibilities and powers, government relationships with
industry, an extensive list of legal, enforcement and justice issues, the interface with
medical cannabis, industry structural models, product development options, retail
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