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Retired judge Pierre Dalphond was only a few hours into his new job in the Senate when he voted “yea” on Thursday to Bill C-45, the historic piece of legislation that will legalize cannabis for recreational use.

Mr. Dalphond quickly came under fire for voting because he did not participate in the debate on the legislation that has dominated the Senate’s agenda this year. In an interview, he said he was well aware of the contents of the bill, adding that he had developed a clear opinion on the prohibition of cannabis in his 19 years on the bench in Quebec.

“I voted because I felt I was able to vote. Should we criminalize the possession and the consumption of marijuana or not? I don’t need to attend the hearings of a parliamentary committee to form my point of view on this matter,” Mr. Dalphond said. “I know it’s a complex matter. But I also know that criminalization does not solve the problem and only fuels the growth of groups like the Hells Angels.”

The Conservative Party, which is fighting Bill C-45, complained about the votes from Mr. Dalphond and another new senator, Donna Dasko, shortly after they were sworn in on Thursday. Another senator appointed less than one week before the vote, Mohamed-Iqbal Ravalia, also supported the bill in the final vote.

“For colleagues to literally be sworn in hours before the vote and think they have the background, the expertise, without having participated in the process, we felt it was disingenuous,” Conservative Senator Leo Housakos said in an interview.

Mr. Dalphond, Ms. Dasko and Mr. Ravalia were appointed by Prime Minister Justin Trudeau as part of his stated effort to remove partisan considerations from the nomination process. Since coming to power in 2015, Mr. Trudeau has filled 36 positions in the Senate. There are still 10 vacant seats.

Mr. Housakos, however, said there was not a single senator appointed by Mr. Trudeau who opposed Bill C-45, raising questions about the independence of these legislators.

“What a coincidence,” he said. “We were hopeful they would be independent and vote their conscience, particularly on a bill that is so important to current and future generations.”

Mr. Dalphond has a unique perspective on Senate reform. He was still a judge in 2013 when, along with four other colleagues on the Quebec Court of Appeal, he rejected the federal Conservative government’s plans to unilaterally reform the Senate. As part of the government’s proposal, new senators would have been chosen in elections and appointed to fixed nine-year terms.

In its unanimous ruling written by Mr. Dalphond, the court said the federal government was proposing a constitutional change that required the approval of seven provinces representing half of the country’s population. In effect, the Quebec Court of Appeal found that the federal government’s proposed legislation tried to “circumvent” the required process to amend the Constitution.

Mr. Dalphond said he supports the current government’s plans to modernize the Senate, under which new members of the chamber are vetted by an independent panel. He sees the Senate as a non-partisan chamber that complements the work of the House of Commons.

“I believe in a modern Senate that is reformed within the parameters of what the Constitution allows,” he said. “In my conversation with the Prime Minister, he said, ‘I am speaking to you today for the only time, because I truly want an independent Senate.’ He did not talk to me about any bill or any other issue.”

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