Liberal MPs turn feisty on policy
Backbenchers lament pot laws, assisted dying
In the heady days following his election victory, Justin Trudeau actively encouraged his caucus members to rock the boat.
“Regardless of party demands, and the partisanship that will continue to exist in this House … your one job, that you cannot ever forget, is to be a strong voice in service of the people who sent you here from your constituencies,” he told his MPs at their first caucus meeting after forming government.
He can hardly complain then, that a number of them have chosen to rush to the microphones to lament government policy.
Wednesday was National Weed Day — the annual excuse for the nation’s potheads to flout the law, get stoned and eat Cheetos on the lawn of Parliament Hill, while the Peace Tower Carillon plays Fly Me To The Moon in the background.
Nathaniel Erskine-Smith, the young MP for BeachesEast York in Toronto, used the occasion to complain about the prosecution of Canadians for marijuana possession — a crime that will no longer exist, once the government follows through on its promise to legalize pot in spring 2017.
One of Erskine-Smith’s constituents was caught with 10 grams of marijuana and charged. Trial proceedings are due in June and the man, who has no prior convictions, could end up with a criminal record. “That’s unfair,” said the rookie MP.
The solution is straightforward. The government could decriminalize marijuana through legislation until its legalization bill is ready, or the justice minister could issue a directive to Crown counsels ordering them to stop prosecuting individuals for possession.
Erskine-Smith says he has held conversations with justice parliamentary secretary, Bill Blair, the former Toronto police chief who is the government’s point man on the pot file, without success.
Blair is on record as saying possession remains a crime.
“The only control that is currently in place is the criminal sanction and the laws. … Those laws must continue to be respected and upheld right across the country,” he told CBC’s The House.
That position might become untenable, as the number of people prosecuted under a law the government intends to repeal mount, and public opinion shifts behind an amnesty.
The Canadian Association of Police Chiefs has already recommended moving away from criminal charges, toward issuing tickets for small-scale possession. Meanwhile, a new report from the CD Howe Institute suggests the government drop charges for possession and redirect enforcement resources to help monitor the increase in consumption that will follow legalization.
Tom Mulcair, the NDP leader, weighed into the debate Wednesday, pointing out that thousands of people have been charged since the Liberals were elected.
“They’re talking about maybe legalizing in 2017. Instead of postponing, can Justin Trudeau at least for once fulfil one of his promises and decriminalize, removing criminal convictions for those arrested since the election?” he said.
In the House, Trudeau said decriminalization would give a legal stream of income to criminal gangs. “That’s not what anyone wants in this country,” he said in Question Period.
But, despite his protestations, there is an obvious discomfort among Liberals about enforcing a law they don’t agree with. The prime minister won’t thank Erskine-Smith for drawing attention to this private grief.
The Beaches-East York MP said he’s not worried about having made a careerlimiting move by publicizing the issue.
“I’m not concerned whatsoever,” he said in an interview. “I’m speaking up from my constituents on an issue consistent with government policy. This area of disagreement is a minor one and I’m hoping the government will change its mind.”
This it’s not the first time Liberal backbenchers have expressed disquiet about stated policy. It’s not even the first time this week.
Liberal MP Rob Oliphant, co-chair of the subcommittee that looked at the assisteddying bill, told the Ottawa Citizen’s Ian MacLeod, that the new bill is not broad enough. “This is not a case where good-enough legislation is good enough,” he said.
Oliphant’s criticism was repeated by Toronto Liberal MP, Yasmin Ratansi, while yet another MP, Adam Vaughan, said he would agree with his colleagues, if the bill doesn’t change as it wends its way through Parliament.
“I think you’re now looking at a process where Canadians, through their members of Parliament, can effect the changes they want to see. That’s the way government’s supposed to work,” he told The Canadian Press.
That may be the view when you sit so far from the action in the House of Commons, you need binoculars.
It was Justin Trudeau’s view when he was in opposition.
But one suspects the perspective has changed since moving into the prime minister’s office. Dominic LeBlanc, the Government House Leader, can hardly welcome the dissent; he has to get a new assisted-dying law in place before the old one expires on June 6.
As former British prime minister Clement Attlee once observed, democracy means government by discussion. “But it is only effective if you can stop people talking.”
There is already a level of chatter among the massed ranks of underemployed Liberal caucus members that one might not expect to hear until a couple of ministerial shuffles into the mandate, when flickering hopes of self-advancement have been extinguished.
The next three years promise to be an interesting experiment in political cat herding.