I appreciate what you’re saying about grow ops, and those are massive quantities. There is a process in place. But we’re also bringing home cultivation into the picture, where they might be seizing one or two plants over the four plants.
I just want everyone to know what we heard at committee when we questioned this. We were particularly questioning about cannabis in general, but there was the question of the plants that kept coming into it, as we had the amendments in front of us.
Paul Saint-Denis, Senior Counsel, Criminal Law Policy Section, Department of Justice Canada, said that he thought it was somewhat contradictory to tell the police, on one hand, you can seize this, but you’re not responsible for maintaining it. This would put the police in conflict with some provisions of the Criminal Code.
Diane Labelle, General Counsel with Health Canada Legal Services at Justice, said that law enforcement can ask for these cannabis plants to be destroyed.
I think Senator Gold is quite right about the reading of 109.1; it’s to report to the minister. I don’t know about the approval being necessary, but this is what legal services at Justice told us: Law enforcement can ask for these cannabis plants to be destroyed. In other words, it would be displacing a lawful regime for a lawful disposition.
I just point out that was part of the testimony we had at the Social Affairs Committee.