The Saga Continues: Canadian Legislative Attempts to Reform Cannabis Law in the Twenty-First Century

Abstract

In July 2003, in an article published in the Canadian Journal of Criminology and Criminal Justice, Fischer, Ala-Leppilampi, Single, and Robins wondered whether Canada's long “saga of promise, hesitation, and retreat” in cannabis law reform was coming to an end, after 30 years of inertia. Their optimism was rooted in the federal government's apparent determination to decriminalize cannabis possession and in an existing socio-political context favourable to reform. Indeed, the government had recently tabled legislation that would decriminalize the possession of small amounts of cannabis, making it a ticketable offence. However, this bill died before it could be passed into law. Two later versions of this legislation also failed to pass through the House of Commons. This paper picks up where Fischer et al. (2003) left off, by updating and reviewing developments in Canadian cannabis policy between 2003 and 2008. It reviews the provisions proposed by Bill C-38 and its successors, tracing the bills’ movements through Parliament and then delineates the positions of key interest groups regarding the decriminalization of minor cannabis possession. It concludes by reflecting on the contemporary period to show that Canada's “saga of promise, hesitation, and retreat” in cannabis law reform continues unabated.