Will a minority government bring a renewed approach to cannabis amnesty?

One year after cannabis legalization in Canada, economic, health, and public safety concerns remain priorities, but social justice issues continue to be sidelined— just as they were in the final iteration of the Cannabis Act. As people worry about money lost in the industry, or when and where they will be able to purchase edibles, an estimated 250,000 people in Canada endure ongoing stigma due to convictions for possessing minor quantities of cannabis prior to Oct. 17, 2018, with as many as 500,000 Canadians at one point carrying this conviction. While it estimates 250,000 people were convicted for simple possession, Public Safety Canada says the number of people impacted “is much lower,” as some have died, received a pardon, or have other convictions on their criminal record that preclude them from applying for a cannabis record suspension. These criminal records for minor possession —obtained for something that is now completely legal—create obstacles to employment, housing, education, volunteering, travel, and other social domains and activities that those of us without criminal records take for granted. To address the ongoing punishment and exclusion faced by people with convictions ordered during prohibition, Minister of Public Safety Ralph Goodale introduced and passed Bill C-93, an act to provide no-cost, expedited record suspensions for simple possession of cannabis. While C-93 was projected to provide relief for approximately 10,000 people across Canada, the latest numbers tell us that only 81 record suspensions have been granted by the Parole Board of Canada since it received Royal Assent on June 21, 2019. This number is likely to rise, given that it takes time and effort to prepare and submit a record suspension application, but we will not see a sweeping elimination of the collateral consequences of punishment under this lacklustre legislation. Goodale, and other Liberal MPs, were satisfied with the process outlined in C-93, despite rampant opposition from lawyers, practitioners, researchers, advocates, and other MPs who felt that free and automatic expungement of the records was a more appropriate approach—especially considering the mass criminalization and incarceration of Black and Indigenous peoples via cannabis laws in Canada. It is also important to note that expungement has been the preferred policy instrument in several jurisdictions across the United States. Discussion and debate around C-93 illuminated the flaws with the record suspension application process, a process that Goodale himself promised to reform in January 2016. Yes, the legislation eliminates the $631 application fee and the five- or 10-year wait times typically required for record suspensions, but there are still costs and onerous processes associated with the application, including collecting documents from the RCMP, courts, and local police services. While these requirements might be feasible for individuals living in urban centres, some have noted complications around obtaining these records for people who live in rural and northern communities. C-93 received a lot of criticism from within the House of Commons and the Senate. Senator Colin Deacon referred to the bill as “a very small, low-risk move forward,” and then-NDP MP Matthew Dubé shook his head at the Liberal government for doing “the absolute bare minimum” when it comes to cannabis amnesty. But perhaps the most scathing reviews of C-93 came from Liberal MP Nathaniel Erskine-Smith, who supported an expungement process and claimed that the government did “not the opportunity to correct injustice when that opportunity in the face.” For Erskine-Smith and others who found themselves disappointed with Goodale’s approach to cannabis amnesty, perhaps the co-operation and collaboration required within a minority government will create space for further—and more progressive and meaningful—amendments to C-93. A good place to start is Senator Kim Pate’s Bill S-258, An Act to amend the Criminal Records Act and to make consequential amendments to other Acts. Pate introduced the bill in February 2019, but it will now have to be re-introduced as the 43rd Parliament gets up and running in November. S-258 offers broader reforms to the Criminal Records Act and includes amendments that would see convictions for acts that are no longer illegal “automatically expire”—alleviating individuals of the onerous, complicated, bureaucratic process of applying for record suspensions. As Canada continues to work out the kinks of cannabis legalization, we must not forget about those who cannot fully participate in their communities as a result of decades of criminalization for simple possession. Groups like The Campaign for Cannabis Amnesty, along with many other advocates, will continue to push for expungement. Hopefully, this time around these efforts will not be stunted by short-sighted, last-minute efforts for social justice. Samantha McAleese is a PhD candidate in sociology at Carleton University and a member of the Criminalization and Punishment Education Project. The Hill Times Editor's Note: This story was updated on Oct. 30 to correct the number of criminal record suspensions since C-93 was passed—81 as of Oct. 18, 2019. As well, it's been updated to include Public Canada's estimates on the number of people in Canada convicted for cannabis possession before Oct. 17, 2018.