Speaking Notes for the Future of Hemp in BC Conference
November 8, 1997 Kamloops, B.C.:

“Ladies and Gentlemen:

Thank you for your kind invitation to speak here tonight. I must warn you that with me, you are going to get a double-barreled message, because before I tell you about hemp, I must start by telling you just a little bit about the Senate of Canada and what it does. That, I promise, will lead into how I was able to use the Senate's role in the legislative process to legalize the growing of hemp and still may be able to manipulate the bureaucrats into getting on with the job.

Most people know very little about the Senate (other than the fact that many westerners want a triple-E Senate - and that is worth a speech all on its own. I will limit myself to saying, just like the old Chinese curse, "Beware what you wish for; you might get it.")

I was just like most people! I didn't know anything about the Senate when I was appointed just over two years ago. In fact, I thought it was sort of an old boys retirement club. I had no idea how hard I was going to have to work - and how essential Senate is to the law-making process - I put in four 10 to 14-hour days each week up in Ottawa and I am not the only Senator to work like that - most of us do!

Every legislative act proposed by the government needs the approval of both Houses of Parliament before it can receive Royal Assent and become law. In recent years especially, the Senate has been a legislatively active place, and the government does not always get its way. Since 1990, the Senate has actually killed half a dozen government bills and improved many more. On the other hand, as a senator who generally supports the government, you can understand that I have to apply myself diligently to enable the passage of government bills. On many bills the Tories really give us a run for our money.

Senators are appointed to represent the regions of Canada and to protect the rights of the minorities of this great country. And those two facts lead me into my remarks on hemp.

I represent that region of Southwestern Ontario from the outskirts of Toronto west to London, south to Niagara and north to Georgian Bay. That covers a great deal, if not most, of the Class A agricultural land in Canada, including the tobacco lands of Southwestern Ontario. And so, I also represent a lot of farmers. These days, farmers are not only a minority in this country, but many of them feel that they are an endangered minority!

Let me give you a little background on the legislative basis for legalizing hemp cultivation. The opportunity came to the Senate 16 months ago in the form of Bill C-8, the Controlled Drugs and Substances Act Section 55 of the bill, which is now law, authorizes the "Minister¹" to make regulations to permit the "industrial application" of "controlled substances." (1: Minister is defined as the Minister of Health, since the Act is primarily related to drugs.)

Now, what is a controlled substance? According to the Act, cannabis is a controlled substance, and possession of it is an offence. Cannabis is defined in Schedule II of the Act. In the Schedule, the government was proposing one exemption, non-viable seed of the fiber hemp plant. (thus leaving out the fiber! ed.)

The problem with that single exemption was that the fiber was forgotten. So you had a situation where we are importing millions of dollars worth of hemp paper, textiles, etc. each year, and it is all technically illegal. That gave me an opening.

We were all impressed in the committee studying the bill by the presentation given by Hempline and the Canadian Industrial Hemp Lobby, in which they pointed out this omission. Hempline's testimony about the value of industrial hemp as a crop made a lot of sense to me.

As a result, I decided it would be worthwhile to move an amendment to the bill to include hemp fiber from the exemption granted in Schedule II. In order to get an amendment like this one passed into law, it had to meet a few requirements.

First, it had to be non-controversial. Another amendment that made a lot of sense was the proposal to decriminalize marijuana. The Canadian Bar Association and the Canadian Medical Association appeared before us and supported this option. But in my estimation, no government in its right mind - politically - would even try to pass that one, yet. There simply is not the wide public support that would be needed. It would be a waste of time for the Senate to send amendments to the House of Commons if we knew in advance, that the Commons would not agree to them. But farmers growing hemp, another non-narcotic crop - ho, hum!

Second, the government and department both supported it. At that point, in fact, both the government and the Health officials would have agreed to anything to get the rest of the bill passed! So I did have them over a bit of a barrel, for I had been put in charge of seeing that the bill, made it through the Senate.

Then, I had to do my homework and persuade my Senate Liberal Caucus colleagues, and indeed all senators, that hemp was a valuable crop as well as non-narcotic, and that Canadian farmers should be allowed to profit from it,

Members of the Senate Legal & Constitutional Affairs Committee were unanimous in adopting my amendment to the bill. The Senate adopted it unanimously and sent the bill back to the House of Commons. In the "other place" there was general agreement with the substance of the proposal, but I do seem to recall the Reform Party complaining that a Senate amendment to a Commons bill was being considered at all. Nonetheless, the House of Commons agreed with the Senate amendment, and the Bill was given Royal Assent on June 20, 1996.

At this stage, the Act is on the books, meaning it disappears into the bowels of the appropriate department and eventually surfaces in the form of regulations.

In the early spring of this year it became evident to me that Department officials were dragging their feet on this matter, for they still had not published the regulations that are integral to legislation such as this. Canadian farmers would not be able to grow hemp as a legal crop in 1997, or even in 1998, if those officials were allowed to have their way. The year 2000 was the date being bandied about.

I was able to use a little-known ploy that is available to Senators and force the Department of Health officials to appear before the Standing Senate Committee on National Finance, under the pretext of forcing them to defend their proposed budget. Then, while we had them, helpless, on the spot, we asked about the status of the hemp regulations. (Of course I had alerted the Minister - then David Dingle - about what I was doing and why.)

The bureaucrats were on the spot. They cannot refuse to answer a question in a Senate committee, and they must answer truthfully, on the record. They had to say something, so they told us what they could do.

They promised the draft regulations would be out in August or September of this year - a full year ahead of their earlier timeline - and that the final regulations would be proclaimed into force by January of next year, in plenty of time to plan for next year's growing season.

Well, it is now November, and we still don't have the draft regulations and the bureaucrats are stonewalling all my inquiries.

I am now in the process of educating a new Minister of Health, Allan Rock, and arranging to call the bureaucrats on the carpet again in the National Finance Committee of the Senate. In fact, on Thursday the Committee agreed to call the Department of Health officials before it, and I gave notice in the Senate that I intend to speak on the matter on the 18^th of November.

This is still very much a work in progress! My friends, do you want to help me?

It's really easy - all you have to do is write two letters:

1. One to your own local Member of Parliament, asking that person about the status of regulations for Bill C-8. Explain your concern that Canadian industry is importing hemp for its needs when it could be grown here. Sound off about the potential economic benefit being denied farmers.

2. Your second letter (remember - no stamps required) should go to the Minister of Health; Allan Rock asking the same thing. Don't wait - do it now!

Also see our sample letter

The time to act is now! I know there is significant political pressure building behind this issue, and if we strike while the iron is hot, we may just secure those regulations in time to have farmers planting hemp next spring. It is my hope that the committee process in the Senate will help focus and intensely public attention and political will on this issue. With your help, I know it can be done.

I don't have to sell this group on the potential value of hemp to both Canadian agriculture and Canadian industry. With your help, right now, and a little judicious grilling and frying in front of the Senate Finance Committee, together we will be successful in having hemp once again grown as a crop in Canada next year-- 1998.

I thank you for inviting me here tonight, and I thank you in advance for your help. Now is the time! Together we will overcome and we'll beat these bureaucrats down!!!!”

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