Cannabis Amnesty was founded in April 2018 in response to the absence of federal legislation addressing the serious consequences of criminal convictions for actions that would no longer be illegal under the new Cannabis Act. On May 5, 2018, we launched a petition calling upon Parliament to immediately enact legislation granting amnesty to all individuals for the offence of simple possession of cannabis. We argued that for amnesty to be effective, it must be free, automatic, and permanent. With the support of industry leaders, we also sought to improve the lives of those who continued to carry the burden of a criminal conviction for cannabis-related offences long after their sentence has been served.
From 2018 to 2022, we pressed the federal government to enact legislation to delete criminal records relating to the simple possession of cannabis, launched public education campaigns to fight the stigma associated with cannabis convictions and worked on criminal justice reform to make sure that the legal structures that allowed Black and Indigenous communities to be overrepresented in cannabis prosecutions are dismantled. Central to our mission is the belief that legislation must be passed to undo the harms caused by the criminalization of cannabis as well as its unequal enforcement.
The persistence of criminal records impedes reintegration and places unnecessary socio-economic burdens on Canadians. Criminal records have a significant reach and they impact many aspects of a person’s daily life. These include limiting travel, access to social services, loan qualifications, parental rights and much more.
Moreover, maintaining criminal records for actions that are no longer illegal or long after an individual’s debt to society has been paid does nothing for public safety. In fact, the maintenance of criminal records can contribute to recidivism and ultimately makes the public more unsafe. Research shows that there is a link between the maintenance of criminal records and the rates of recidivism. The impact a criminal record has on an individual’s ability to obtain and keep gainful employment is incredibly difficult to overcome. If post-conviction reintegration is truly one of the objectives of our penal system, then our criminal record regime should facilitate reintegration instead of continued punishment.
The Cannabis Amnesty works towards building a world in which everyone, and in particular, the most vulnerable and marginalized communities, are treated fairly and equitably by the justice system and the cannabis industry and are free from the burdens of cannabis convictions. Our approach to justice reform prioritizes the following principles:
Adopting a Racial Justice Lens
Cannabis Amnesty deploys a racial justice lens in all advocacy efforts. Despite similar rates of use across racial groups, Black and Indigenous people are disproportionately stopped, searched, arrested, prosecuted and incarcerated for cannabis possession offences. The insidious ways that cannabis regulation has historically been a vehicle for systemic racism in Canada requires any meaningful redress to employ a racial justice framework. Cannabis Amnesty’s racial justice lens pays close attention to the unequal exercise of discretion and acknowledges the necessity of systemic transformation in order to enact real and meaningful change.
Prioritizing Public Health and Harms Reduction
Cannabis Amnesty believes that drug use should be approached as a social and health issue. Compassionate and health-centered solutions support the individual and, in turn, support society and facilitate pro-social outcomes. Public safety efforts around drug use should prioritize treatment and prevention at their core, not criminalization and punishment.
Bill C-5, An Act to Amend the Criminal Code and the Controlled Drugs and Substances Act received Royal Assent on November 17, 2022.
After years of advocacy and measures by the federal government that simply did not go far enough, we finally have through Bill C-5, amnesty for simple cannabis convictions that is free, automatic and permanent. The bill requires that all records of a conviction for simple possession of cannabis must automatically be kept separate and apart from other records of convictions by November 17, 2024, at no cost to the individual. While Bill C-5 does not style the treatment of these records as “expungements”, the record sequestration regime created by the bill will have a comparable effect of permanency. Unlike record suspensions granted under the Criminal Records Act, there is no legislative authority to revoke the automatic record sequestrations granted under Bill C-5.
The achievement of true cannabis amnesty through legislation is incredibly significant. It represents the culmination of the work of our organization. Yet, it does not address all of the collateral consequences of criminal records for cannabis possession and other convictions. To that end, look forward to the implementation of Bill C-5 and encourage continued reforms to Canada’s criminal records regime.