On March 15, 2001, the Special Committee on Illegal Drugs accepted the Senate mandate to reassess Canada’s anti-drug legislation and policies, specifically:
1) To examine the federal government policy on cannabis, the means used to implement it, it’s control and its effectiveness;
2) Examine the policies and approaches followed in other countries;
3) Examine the implications of the international conventions and treaties; and
4) Examine the social and health effects of cannabis and the possible impacts of different policies.
For over 2 years, reports from 23 internationally renowned scientists and testimony from more than 200 witnesses, experts and ordinary citizens, public hearings and public opinion groups went into the extensive research of the committee. When their report was made public, it surprised many with its bold recommendations.
The Committee concluded that the continued criminalization of cannabis is unjustifed based on the scientific data on the danger it poses.
The Committee also concluded that if the aim of current public policy is to diminish consumption and supply of cannabis, then all signs indicate that it has been a complete failure, and that the application of criminal law prohibition appears to have little, if any, influence on levels of use.
The following are the 11 Recommendations of the Senate Special Committee:
(Detailed information, statistics and studies can be found at at www.senatereport.ca.)
Recommendation 1
The position of National Advisor on Psychoactive Substances and Dependency be created within the Privy Council Office; that the Advisor be supported by a small secretariat and that federal departments and agencies concerned by psychoactive substances second, upon request, the necessary staff.
Recommendation 2
The Government of Canada mandate the National Advisor on Psychoactive Substances and Dependency to call a high-level conference of key stakeholders from the provinces, territories, municipalities and associations in 2003, to set goals and priorities for action on psychoactive substances over a five-year period.
Recommendation 3
The Government of Canada amend the Canadian Centre on Substance Abuse enabling legislation to change the Centre’s name to the Canadian Centre on Psychoactive Substances and Dependency; make the Centre reportable to Parliament; provide the Centre with an annual basic operating budget of 15 million dollars, to be increased annually; require the Centre to table an annual report on actions taken, the key issues, research and trends in the federal Parliament and provincial and territorial assemblies and legislatures; mandate the Centre to ensure national co-ordination of research on psychoactive substances and dependency, and to conduct studies into specific issues; and mandate the Centre to undertake an assessment of the national strategy on psychoactive substance and dependency every five years.
Recommendation 4
In the legislation creating the Canadian Centre on Psychoactive Substances and Dependency, the Government of Canada specifically include provision for the setting up of a Monitoring Agency on Psychoactive Substances and Dependency within the Centre; provide that the Monitoring Agency be mandated to conduct studies every two years, in co-operation with relevant bodies, on drug-use trends and dependency problems in the adult population; work with the provinces and territories towards increased harmonization of studies of the student population and to ensure they are carried out every two years; conduct ad hoc studies on specific issues; and table a bi-annual report on drug-use trends and emerging problems.
Recommendation 5
The Government of Canada adopt an integrated policy on the risks and harmful effects of psychoactive substances covering the whole range of substances (medication, alcohol, tobacco and illegal drugs). With respect to cannabis, this policy shall focus on educating users, detecting and preventing atrisk use and treating excessive use.
Recommendation 6
The Government of Canada amend the Controlled Drugs and Substances Act to create a criminal exemption scheme. This legislation should stipulate the conditions for obtaining licences as well as for producing and selling cannabis; criminal penalties for illegal trafficking and export; and the preservation of criminal penalties for all activities falling outside the scope of the exemption scheme.
Recommendation 7
The Government of Canada declare an amnesty for any person convicted of possession of cannabis under current or past legislation.
Recommendation 8
The Marihuana Medical Access Regulations be amended to provide new rules regarding eligibility, production and distribution of cannabis for therapeutic purposes. In addition, research on cannabis for therapeutic purposes is essential.
Recommendation 9
The Criminal Code be amended to lower permitted alcohol levels to 40 milligrams of alcohol per 100 millilitres of blood, in the presence of other drugs, especially, but not exclusively cannabis; and to admit evidence from expert police officers trained in detecting persons operating vehicles under the influence of drugs.
Recommendation 10
The Government of Canada create a national fund for research on psychoactive substances and dependency to fund research on key issues - more particularly on various types of use, on the therapeutic applications of cannabis, on tools for detecting persons operating vehicles under the influence of drugs and on effective prevention and treatment programs; that the Government of Canada mandate the Canadian Centre on Psychoactive Substances and Dependency to co-ordinate national research and serve as a resource centre.
Recommendation 11
The Government of Canada instruct the Minister of Foreign Affairs and International Trade to inform the appropriate United Nations authorities that Canada is requesting that conventions and treaties governing illegal drugs be amended; and that the development of a Drugs and Dependency Observatory for the Americas be supported by the Government of Canada. |
