On cannabis, some mutual respect is needed

Ottawa should reciprocate the spirit of co-operation Quebec has shown, Jean-Marc Fournier writes.

The government of Quebec recently reiterated its position on the legalization of cannabis. Among other things, it reiterated that, in order to be enforced effectively, the provincial and federal legislative provisions that are to be adopted must be free from any ambiguity.

One could certainly restate the arguments underpinning Quebec’s decisions concerning the regulation of cannabis. But those arguments have not been the focus of the debate over the past several days.

Rather, in its legal aspect, the debate has focused on the jurisdiction held by each parliament in Canada over the various aspects of the legalization of cannabis.

In its political aspect, it has raised the question of what citizens are entitled to expect when it comes to relations between governments within the federation.

Under its criminal law jurisdiction, the federal government tabled a bill that prohibits the home production of more than four cannabis plants. The federal government is creating a new legislative space pertaining to cannabis.

It is up to the provinces to exercise their jurisdiction to regulate matters that fall within the legislative space created, such as production and marketing. It is within that space that the government of Quebec is seeking to allow the cultivation of cannabis by authorized producers, outside the home.

By acting in this manner, both the federal and Quebec governments promote safety and public health. There is neither conflict of intent nor conflict of enforcement in this regard.

The Canadian minister of justice is mistaken in her claim that, under the Canadian federal regime, the federal Parliament, acting alone, can create a “national regime for the legalization of cannabis.”

As a matter of fact, all provinces are working to develop their own authorization regimes suited to their realities. These different approaches will allow us, in a few years, to improve our laws in light of those that will have achieved the best impact. Is this not one of the great advantages of federalism?

Quebec, like all other provinces, was drawn into a demanding exercise that it had not sought out.

It nevertheless agreed to co-operate in order to regulate, in accordance with its legislative powers, the consequences of the federal decision.

Quebec acted in a manner that was respectful of the federal decision. It is entitled to expect, in return, the federal government to be respectful of the provincial decision.

Yet in her appearance before a Senate committee in March, the federal justice minister suggested that provinces had to authorize the home production of cannabis.

This is contrary to the law, and will have the effect of encouraging citizens to challenge the Quebec legislation.

I appeared before the Senate, on behalf of the government of Quebec, to remind all concerned of the provincial jurisdiction in this matter, and of our firm intention to exerciseit.

I took care to mention that an amendment to the federal bill was not necessary, but that bringing such an amendment would prevent citizens from needlessly bearing the costs of potential legal challenges.

The Senate committee reached the same conclusion, unanimously. By seeking to undermine Quebec’s choice on the issue of homegrown cannabis, the federal government shows how little consideration and recognition it grants to the wishes of a provincial partner, a partner essential to the fulfilment of its election promise, and one who has shown its collaboration in the management of an issue that arose solely from a federal government intention.

I still entertain the hope that the federal political class will rectify this misstep.

Citizens would thereby avoid unnecessary and costly legal proceedings and, above all, they would have the opportunity to see that their governments are capable of collaboration and of respect — that is, of mutual respect. Jean-Marc Fournier is Government House Leader in the National Assembly and minister responsible for Canadian Relations and the Canadian Francophonie.