Evidence of meeting #32 for Health in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was insite.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Scott Thompson  Youth Services Section, Drug Policy and Mental Health Portfolios, Vancouver Police Department
Donald MacPherson  Drug Policy Coordinator, Drug Policy Program, City of Vancouver
Liz Evans  Executive Director, PHS Community Services Society
Philip Owen  Former Mayor of the City of Vancouver, As an Individual
Heather Hay  Regional Director, Addiction, HIV/AIDS, Aboriginal Health, Vancouver Coastal Health
Colin Mangham  Director of Research, Drug Prevention Network of Canada
Thomas Kerr  Research Scientist (Chief Researcher for Insite), British Columbia Centre for Excellence in HIV/AIDS
Neil Boyd  School of Criminology, Simon Fraser University
Julio Montaner  Director, British Columbia Centre for Excellence in HIV/AIDS
David Butler Jones  Chief Public Health Officer, Public Health Agency of Canada, Department of Health

May 29th, 2008 / 12:15 p.m.

Scott Thompson

Initially, during the first year, we had some additional funding through Vancouver Coastal Health in the Vancouver agreement to provide two extra police officers on the block for the timeframe when Insite was opened. The area already had a strong police presence in terms of police officers on foot patrol. At the end of that year the funding ended, and we were then left with our regular complement of police officers on the street.

12:15 p.m.

Conservative

The Chair Conservative Joy Smith

Thank you, Mr. Thompson. Thank you, Mr. Fletcher.

The minister has arrived.

We're going to take a three-minute pause to get things reorganized.

Thank you.

12:20 p.m.

Conservative

The Chair Conservative Joy Smith

Would everyone please take their seats so we can resume? Thank you so much.

We're very pleased that the Minister of Health, Minister Clement, could join us today, along with the deputy minister and Dr. Butler Jones. I'm very happy that we have time to listen to the minister's presentation. Following that, we will have questions and answers.

Go ahead, Minister Clement.

12:20 p.m.

Parry Sound—Muskoka Ontario

Conservative

Tony Clement ConservativeMinister of Health

Thank you very much, Madam Chair.

Good afternoon, ladies and gentlemen.

Good morning, ladies and gentlemen. Thank you for taking the time to be here, and thank you for providing me with this opportunity to speak and to respond to some of the statements made here today.

As Parliamentarians, we have a common desire and duty to understand our country, examine options on future public policy choices and then recommend or make decisions that will be in the best interests of Canadians. It is no different with this Committee's work, nor in my work as Health Minister.

We are all here because we want the best for all Canadians. This includes those who are addicted to drugs and who need our help and support and those who are not involved with drugs and seek to protect their kids, their families, and their communities from the crime that inevitably accompanies the development of a drug culture.

You've heard from numerous witnesses today who no doubt hold strong views regarding the topic of harm reduction and how we can best help people addicted to drugs as they work to get their lives back on track.

Earlier this week we received a decision from Justice Pitfield of the B.C. Supreme Court, who has deemed Canada's Controlled Drugs and Substances Act in violation of section 7 of the Charter of Rights and Freedoms and has declared Vancouver's supervised injection site a “health centre”. With his decision, Justice Pitfield has provided an exemption for Insite to continue operating until June 2009.

At this time I would like the record to show that I respectfully disagree with Justice Pitfield. While I understand and share the desire to show compassion, this is a misplaced compassion. Addicts need treatment. This is why I have announced over $150 million in treatment funds in the past few months. I am convinced of the value of treatment because as health minister I have spoken with people addicted to drugs, people who were formerly addicted, researchers both at home and abroad, mayors, councillors and other elected officials, police officers, advocates of all persuasions, and of course parents and kids who desire only to be free of the scourge of illegal drugs in our society.

When I visited Insite over a year ago, I also visited other facilities in the downtown eastside to examine how they do things, why they do them, and what the impacts are.

If there's one thing I've learned, it's that people believe what they believe, earnestly and resolutely.

This is an area of public policy without very much mushy middle.

So given the significance of the decision to appeal or not to appeal, I would like to offer this committee my assessment of Insite, based upon the factors that are, in my opinion, the most relevant. Those factors are twofold: science and public policy.

Science helps guide public policy, no doubt, but public policy takes into account a wider scope of issues, including society's criminal justice aspirations, as well as the principles and ethical framework with which we hope to animate our policy decisions. All of these are relevant in our examination of Insite and all need to be considered.

On the question of science, let me assure you I've read many of the studies that have been published on Insite. These studies have the weight of publication as well as some articulate proponents who insist that their positions are the correct ones. Many of the studies are by the same authors who, quite frankly, plough their ground with regularity and righteousness. Indeed, while in our free society scientists are at liberty to become advocates for their position, I've noticed that the line between scientific views and advocacy is sometimes hard to find as the issue on Insite is developed.

When these papers were reviewed by the expert advisory committee that served at arm's length to the government and by Health Canada and by science authorities in Canada and around the world, the results can only be described as mixed. For example, Insite did cause an uptake in treatment; yet from 2004 to 2005, only 3% of Insite clients were referred to long-term treatment. The studies were so inconclusive that the report suggests a number of new research directions, but no one can say whether another five years of study would provide any more answers.

Second, the expert advisory report concludes that research on Insite is uncertain. For example, after five years of intensive study, researchers still aren't sure whether Insite makes any difference at all in the transmission of blood-borne diseases, including HIV/AIDS, or whether Insite's benefits with respect to injection are greater than the $3 million annual cost. Throughout the expert advisory report, there are numerous caveats on the limitations of the research.

Finally, what do we know specifically about supervised injections at Insite? Here we must set aside the other services provided by Insite, such as needle exchange or condom distribution, which take place, quite frankly, in many other settings across Canada and are irrelevant to supervised injections.

But we know this: Insite is dominated by a group of about 500 regular clients. Up to 97% of injections, or 4.4 million injections per year, occur outside of Insite. Since Insite opened, there have been 50 overdose deaths per year in the downtown eastside. There is no direct evidence that the SIS influences overall death rates. In fact, according to the expert advisory committee, Insite saves about one life per year.

My job as health minister is to balance that one life against any possible negative effects of supervised injection that might take one life elsewhere, and it is a difficult job. Some read these statements and think they are clear victories for supervised injection, but I think we can do better than saving one life per year. And we must do better.

Furthermore, there are other studies that cast doubt on supervised injection. Garth Davies of Simon Fraser University concluded in a recent peer-reviewed article:

Previous studies [on safe injection sites] are compromised by an array of deficiencies, including a lack of baseline data, insufficient conceptual and operational clarity, inadequate evaluation criteria, absent statistical controls, dearth of longitudinal designs, and inattention to intrasite variation. This review suggests that much of the commonly-cited evidence regarding the effects of SIFs cannot be substantiated.

And in a feasibility study last year of an SIS in Victoria, the Centre for Addictions Research of B.C. said “there is to date no epidemiological evidence of reduced infectious disease transmission...among clients” in supervised injection sites; that “the cost-effectiveness of [SISs] is difficult to ascertain”; and that the evidence of the effectiveness of SISs is “less conclusive than supporters...might have wished”.

In that report, one drug user stated, “I think it's ridiculous to have a Supervised Consumption Site when people need housing, shelter, and basic needs first.”

Let me now consider the public policy, for while the science is mixed, the public policy is clear.

Let me turn now to the issue of public policy, in particular crime and crime prevention. Some advocates have claimed that Insite has made crime in the downtown east side either better or at least, no worse.

It is true that the total crime rate has not escalated with Insite, but it is also true that Vancouver police added 65 beat officers to the streets of the downtown eastside simultaneously with Insite's establishment. Many police officers feel this is the real reason crime statistics have not skyrocketed. In fact, the EAC report noted that addicts typically need to spend about $35,000 per year to support their habit and that about $350,000 worth of crime needs to be committed to obtain that $35,000. So, ladies and gentlemen, we are talking about hundreds of millions of dollars worth of crime against the law-abiding members of the public.

We, as parliamentarians, are also sworn to uphold the rule of law. We would lay down our lives for it, and when we speak the plain truth, call crimes what they are, we are standing up for and showing respect for the rule of law. There have always been and there always will be people who break the law. That does not mean, however, that we abandon the law. Chaos would reign if we did.

Inspector John McKay from the Vancouver Police Department, a duty officer in the downtown eastside, which houses the SIS, has written of the chaos occurring as a result of the opening of the SIS, and he also clearly sees the slippery slope and warns us of what may come next. Inspector McKay writes, and I want to quote him somewhat extensively:

In 2001, the City of Vancouver rolled out their strategy called the Four Pillars Approach, which included the federal government providing an exemption to the Controlled Substances Act for an SIS in the downtown east side.

To support the enforcement pillar of the four pillars and realizing the potential for complete chaos, VPD assigned 65 police officers to a five-block area around the SIS. They eventually became known as the beat enforcement team.

I was assigned as the officer in charge in September prior to the SIS opening.

The SIS opened in September 2003. Lattes and t-shirts were given out to addicts. A portion of the facility was designed to be able to be used as a drug inhalation centre.

Upon the opening of the SIS, Vancouver Police Department agreed not to arrest and charge anyone going to the SIS with illegal drugs in their possession within a five-block radius of the SIS. Instead, police were to walk the addict to the SIS from anywhere within the five-block area.

This no-charge policy creates a culture of entitlement with the addicts who simply have to say they are going to the SIS and are now immune from prosecution.

The culture of entitlement was supported by the Vancouver Union of Drug Users, which holds an annual anti-police rally outside the 312 Main Street station where the beat enforcement team personnel work.

In 2006 the culture of entitlement was so bad that addicts were openly using drugs at bus stops, school grounds, and business fronts. With the support of the crown, Vancouver police advised Vancouver Coastal Health personnel and the SIS that anyone caught using drugs, inhaling or injecting, at these locations would be charged criminally. This was loudly supported by the public however VCHA accused the VPD of not supporting harm reduction.

In 2004, Mayor Campbell held the Mayor's Conference on Drug Prevention Strategies. The prevention strategy that was arrived at was to legalize all psychoactive drugs so that addicts wouldn't be harmed by a criminal conviction and stigmatization. In 2004, I attended the SIS steering committee meeting which included the VCHA, the RCMP, the Portland Hotel Society, and the authors of the four pillars strategy. Vancouver Coastal Health wanted to activate the inhalation portion and proceed with assisted injections. This motion was quashed by me and my position was supported by the VPD executive. In 2005, I attended one of several monthly scheduled meetings with the Vancouver agreement people. This meeting is to determine the vision in 2006 and beyond for the DTES; their vision includes a place where certain Criminal Code sections and the Controlled Drugs and Substances Act do not apply.

Inspector McKay is not writing in an ivory tower. He is the duty officer responsible for the five blocks around the SIS. He is not out to win any popularity contests. He speaks the plain truth. He sees the slippery slope that we step onto when we decide to ignore the rule of law.

In 2006, Vancouver had the second-highest rate of violent and property crimes of any major city in the United States or Canada. Law-abiding Vancouverites are beginning to see that what has been presented as a “victimless crime”—the drug trade—is not victimless at all.

Canada's approach—looking the other way while crimes are committed—is now becoming an international issue. The International Narcotics Control Board, an agency of the United Nations, has named Canada in its annual report for several years now as being in violation of a number of anti-drug treaties and conventions.

Let me now speak of how our government sees harm reduction and how it fits into our new national anti-drug strategy. We see harm reduction as being represented within the other three pillars of enforcement, prevention, and treatment.

This is why, for example, I announced $111 million in treatment funding for the provinces and territories last month and $30 million for aboriginal addictions programming. On May 14, together with Mayor Sullivan, I also announced a $10 million fund dedicated solely to Vancouver's downtown eastside—

12:35 p.m.

Liberal

Robert Thibault Liberal West Nova, NS

Madam Chair, on a point of order, are you going to give him one more minute?

12:35 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

—money that will fund 20 brand-new treatment beds for female sex workers and will allow a team of doctors, nurses, and therapists to go out onto the streets to find and help the hardest-to-serve individuals.

Today, colleagues, I am very pleased to announce that in addition to the $10 million for Vancouver, our government will provide $2 million extra, dedicated to aboriginal-specific addiction services within the downtown eastside. We are consulting with local NGOs right now to best determine how to use that money.

As Federal Health Minister I am trying to lead by example in this area, because I believe it is the right thing to do; we need to close the gap in treatment options that exist for the rich and poor in Canada.

Wealthy people who become addicted to drugs can check into expensive rehab centres for months at a time, if that is what is required to help them. But for the poorest of Canadians, who live in conditions of extreme poverty, enslaved by an addiction for which full recovery is possible, we have been offering supervised injection, needle exchanges, and crack pipes. We have been offering drug maintenance rather than drug treatment. We have been sending the message: “We have given up on you; we do not expect you to recover.”

Vancouver mayor Sam Sullivan, just a few weeks ago in an editorial in The Globe and Mail, called the SIS “palliative care”. This echoed the report of a committee struck by the British Columbia Medical Association in 1997, which called harm reduction “the palliative care of addictions medicine”.

Palliative care is what you give someone when there is no more hope. It is end-stage treatment when every other solution has failed, and we just wait for people to die. But injection drug users do not necessarily have to die; there is still hope for them. Even if they fail treatment the first time, we can help them to get up and try again. In purely medical terms, it is unethical to offer palliative care when treatment could help.

There is a notorious lack of treatment beds in the downtown eastside—

12:35 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

I have a point of order, Madam Chair, please.

12:35 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

—and while I would quickly assert that people at Insite have the best of intentions, I think the site itself—

12:35 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

I have a point of order, Madam Chair, please.

12:35 p.m.

Conservative

The Chair Conservative Joy Smith

Yes, Dr. Fry.

12:35 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

With due respect to the minister, I would like to know how much longer his presentation will take.

12:35 p.m.

Conservative

The Chair Conservative Joy Smith

It's about two minutes, Dr. Fry.

12:40 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

We had set times for other witnesses.

12:40 p.m.

Conservative

The Chair Conservative Joy Smith

You have a whole 15 minutes; you're first to ask questions.

12:40 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

That's not my question. We have cut off witnesses.

12:40 p.m.

Liberal

Robert Thibault Liberal West Nova, NS

Respect is commanded, and this guy is not doing it.

12:40 p.m.

Conservative

The Chair Conservative Joy Smith

Dr. Fry, he has two more pages. You have 15 minutes after that to examine the minister. Could we continue?

12:40 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

Madam Chair, I wasn't even allowed to finish my question on my point of order; I was disturbed by other people in the room. I would like to ask a question.

We gave other witnesses a set time, and most of them were cut off before they were able to finish what they had to say. I would like to suggest that the minister wrap up as soon as possible, please. He's gone well over 15 minutes.

12:40 p.m.

Conservative

The Chair Conservative Joy Smith

Okay, we'll do that. Thank you.

Go ahead, Minister.

12:40 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

Thank you.

There is a notorious lack of treatment beds in the downtown eastside, and while I would quickly assert that people at Insite have the best of intentions, I think the site itself represents a failure of public policy, indeed of ethical judgment. I suggest, then, that while the science is mixed, the public policy is clear.

Further, I want to talk about the ethics of diversion. Every dollar spent on the supervised injection site diverts a dollar away from treatment leading to full recovery.

Let me do the math by giving you an example. The 20-bed treatment centre I announced on May 14 will be able to treat 80 women per year, or 400 women, over its five-year lifespan. With just this amount alone, one in four female sex workers in the downtown eastside will now have the opportunity to escape the cycle of addiction, of violence, of victimization, crime, and abuse. It's an initiative of which I'm very proud and something for which I commend our partner, the Vancouver Coastal Health Authority.

If the $3 million per year used now to operate Insite were to offer treatment beds instead of injections, 1,200 more female sex workers could receive help over the same five-year period. Together, we could guarantee that every female sex worker in the downtown eastside would have an opportunity to escape their sad existence over the next five years. They could have hope for a better life.

Female sex workers now make up 38% of the visits to Insite. Is it wise or ethical to use this money to help keep them on drugs instead of getting them off the streets? Is this compassion? I would assert that it is not.

As mentioned, the evidence is that Insite's injection program saves at best one life per year—a precious life, yes, but I believe we can do better than that, and we must do better than that. We can do better than simply warehousing people addicted to drugs for palliative care.

If it were my son or daughter trapped in the misery of the downtown eastside, I would want health workers—and more importantly I would like my government—not to give up on my child, but to help me win him or her back, back into society and into health and wellness. That is what this government's national anti-drug strategy is all about and what we need to think about when addressing the exemption at Insite.

This much I know as health minister. The illicit drugs that are being injected as part of harm reduction at the supervised injection site are harmful to human health. There is no debate about this. The long-term effects of injecting heroin include collapsed veins, infections of heart lining and valves, abscesses, and liver disease. Pulmonary complications and pneumonia occur more frequently in street heroin addicts. Cocaine can result in cardiac or respiratory arrest. Additives and impurities found in many drugs purchased on the street may not dissolve readily and may result in clogging of the blood vessels that lead to the lungs, liver, kidneys, or brain, causing infection or even death. Sadly, we expect and see about 50 deaths by overdose in Vancouver each and every year.

In my opinion, supervised injection is not medicine; it does not heal the person addicted to drugs. Each and every injection, along with the heroin and cocaine injected, harms the person. Injection not only causes physical harm, it also deepens and prolongs the addiction.

Programs to support supervised injections divert valuable dollars away from treatment—

12:40 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

This has become a half-hour presentation.

12:40 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

—and government-sponsored supervised injection sends a very mixed message to young people who are contemplating the illicit use of drugs.

For these reasons, Madam Chair and fellow committee members, I can inform you today that I will be asking my colleague Rob Nicholson, the Minister of Justice, to appeal Justice Pitfield's decision at the earliest possible opportunity.

Thank you, and I'd be happy to take your questions.

12:40 p.m.

Some hon. members

Hear, hear!

12:40 p.m.

Conservative

The Chair Conservative Joy Smith

Order. I would ask that we keep order so that everyone may remain in the room.

We're now going to go to questions. We'll begin with Dr. Fry, for 15 minutes. Thank you.

12:45 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

Thank you, Madam Chair.

I have been a physician practising for 22 years in central Vancouver, in the middle of the city. I have had many patients who were addicted, many patients who were in the sex trade. I have had a great deal of experience on this issue.

I wanted to put that down. I was also the federal minister responsible for the Vancouver agreement that oversaw the inception of Insite, so I am fully aware of what went into the details of it, why it was set up, and what the project was about.

The Minister of Health has referred to the rule of law. He referred to the fact that a particular police officer who worked on the drug squad had some negative things to say about Insite. I would like to quote Kash Heed, who was the commander in charge of drug policy for the Vancouver Police Department at that time. Mr. Heed is now the chief of police for the West Vancouver Municipal District. He fully supports Insite's results. He believes it has achieved its main objective, which was a decrease of public harm and an increase in public order.

The Vancouver Chinatown Merchants Association, who were opposed to the setting up of Insite at the beginning, are now fully in support of it. They have seen crime rates drop, and they feel they are able to walk their streets now, so they support it. I am speaking about the people who live in the area, who have worked on this and who know. I think the commissioner in charge of drug policy and the business community there have fully supported Insite.

However, the minister speaks very much about the fact that this has not worked. Madam Chair, you've heard that over 2,000 people died in the 1990s. Insite was not set up for every single drug user. Insite, as I can tell you, having been involved, was set up to look at a very high-risk population of users. These are the people who do not access health care services. These are the people who will not go to treatment. These are the people who have the highest incidence of infectious diseases, because of their intravenous drug use. These are the people who needed help and who were dying.

You have heard that the people accessing Insite have experienced zero deaths--zero deaths, Madam Chair. In 2005, 2,270 people went to health services withdrawal facilities; in 2006, 1,828 people attending Insite did the same thing; in 2007, 2,269 people attending Insite went to treatment and detox services. So this is not one death, Madam Chair. It depends on how you value people's lives.

The minister speaks to the rule of law. I would like to refer to Justice Pitfield's response. When Canada argued that the Controlled Drug and Substances Act, subsection 4(1), did not offend section 7 of the charter, Mr. Pitfield was clear. He said:

In the alternative, ss. 4(1) and 5(1) of the CDSA are unconstitutional and should be struck down because they deprive persons addicted to one or more controlled substances of access to health care at Insite and therefore violate the right conferred by s. 7 of the Charter of Rights and Freedoms (the “Charter”) to life, liberty, and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Canada argues that if s. 4(1) of the CDSA offends s. 7 of the Charter, it is saved by s. 1 as a law that is a reasonable restraint on s. 7 rights in a free and democratic society. In my opinion, the law compels the dismissal of the claim.

He also went on to suggest that in fact the principles of fundamental justice are amongst the most important in society, and any law that offends them, mainly the right to life, the principle of life and security, has been offended by the minister's proposed actions.

I want the minister to respond to me about how the ability to save one life, which the minister so casually dismisses, is an extremely important thing. Just because that life is not worth the minister's time doesn't mean it's not important.

How can a minister who is supposed to protect the people of Canada with regard to health and safety refuse to administer life-saving services to a group of people who will die if they do not get it?