An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

This bill was previously introduced in the 40th Parliament, 2nd Session.

Sponsor

John Weston  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Controlled Drugs and Substances Act to prohibit a person from possessing, producing, selling or importing anything knowing it will be used to produce or traffic in methamphetamine or ecstasy.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 9, 2010 Passed That the Bill be now read a third time and do pass.
April 14, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / 11:05 a.m.


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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

moved that Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy), be read the second time and referred to a committee.

Mr. Speaker, I rise today to speak to a bill designed to recover our youth, to deliver a greater sense of peace and order to our communities, and to tackle a major interest of organized crime, all things that would seem especially timely for the member of Parliament who represents the riding which will host many of the Olympic and Paralympic games in the year to come.

The bill which I am introducing, Bill C-475, is a bill designed to tackle the procurement of precursors for the production of methamphetamines and amphetamines, specifically crystal meth and ecstasy. These are drugs which have become known as a scourge in our community, drugs which have affected Canadians from coast to coast, and which in fact have special relevance to the youth of our country.

A report of the United Nations that was tabled this very year underlined a link between crystal meth and suicide among indigenous youth in Canada. A sample of street youth aged 14 through 30, surveyed in Vancouver, found that 71% had tried amphetamine-type stimulants and 57% had used them more than 10 times.

The most serious health implications of amphetamine and methamphetamine resulting from chronic use are dependence, characterized by compulsive drug seeking and drug use, and a phenomenon known as amphetamine or methamphetamine psychosis. The latter is a mental condition similar to episodes of schizophrenia, according to the United Nations report.

We have also discovered that these drugs affect a huge variety of Canadians from coast to coast to coast. It is shocking how quickly stories have come in, in the last few weeks, since I introduced this bill, which highlight the effect of the drugs on persons and families in the riding I represent, in my home province of British Columbia, and across Canada.

Too many of our young, healthy Canadians are losing the battle against these awful drugs, both of which are made from many easily accessible materials. These drugs have had a wide-ranging and harmful effect on Canadian communities, leaving no one untouched by their effects. The damage has been staggering and our fight against these drugs carries on today.

The trauma experienced by users includes great physical, psychological and emotional harm. Not only does amphetamine-type stimulant use affect those who consume it, but also the families and communities of the user. It is unfortunate that there are so many sad stories of otherwise young and healthy individuals who have had their lives affected for the worse by these drugs. Some have been brave enough to share their struggles with the use of these drugs and I applaud their courage to come forward and contribute their voices and stories to this important fight.

It is important to take a moment and listen to the voices of some of these individuals, voices of Canadians in my riding and right across Canada. One young man, whom I will call Nick so as to protect his identity, is a 21-year-old in treatment for ecstasy and crystal meth addition in B.C. This is what Nick had to say, “One of the worst aspects is long-term depression. I have been depressed for months and need to continue using anti-depressants. While using I had huge mood swings. I felt rage”.

Another recovering addict spoke of the effects suffered from long-term use. She said, “I am a 29 year old and have been using these drugs for over 15 years. The damage it has been done to my mind, body and soul is irreparable. The getting and using of drugs such as ecstasy, cocaine and crystal meth is socially acceptable and must stop. During my addiction, I have had three suicide attempts, car accidents, psych ward visits, five rehabs and extreme psychosis. Those were all caused by the use of drugs, not the person I am today. I am trying to clean up my life physically and emotionally”.

To that young woman, I offer my encouragement and congratulations.

These are just two of the needlessly large number of former addicts who have experienced first-hand the devastation of these drugs. In addition to affecting some of the most vulnerable in our community, such as street youth, these drugs can bring even the most young and healthy of our country to their knees.

The list of side effects of these drugs is sobering. To begin, though ecstasy might seem like a harmless party drug to some, one that is marketed as such through colourful pills and cheerful designs such as happy faces or hearts, police have found that a significant amount of ecstasy that has been seized from the streets is laced with more dangerous drugs, such as crystal meth. It is important to remember that it is possible to overdose from ecstasy, a risk even graver as these drugs are distributed on the streets or in clubs and not regulated.

What this means is that youth in our country are consuming these drugs blindly, unaware of what might be in them and how much of the drug they might be consuming.

Side effects of crystal meth are similarly worrisome. A position paper on methamphetamines produced in Australia noted that methamphetamine psychosis is perhaps the most concerning aspect of the current meth situation. The report stated that methamphetamine use had often been associated with violent crime and the drug had a strong reputation for inducing violent behaviour. These are just a few of the side effects of the drug, but it is crucial to highlight the addictiveness of these drugs. Allow me to quote a report produced by the Ministry of Public Safety and the Solicitor General in my home province of British Columbia:

Why not just quit using? A powerful stimulant, meth alters the brain's production of dopamine. The drug produces an initial positive pleasurable physical reaction by increasing the levels of dopamine, leaving a person depressed as the effects of the drug wear off. The user then requires more of the drug to return to normal. This “binge and crash” pattern leads to loss of control over the drug and addiction.

More must be said about the dangerous aspects of the production as well as the use of this drug. There is no regulation guiding the production of illegal chemical drugs, meaning that there is no way to control the quality of the substances produced. Unlike other drugs, such as cocaine or heroin, the production of crystal meth and ecstasy depends almost exclusively on materials that are available domestically.

Furthermore, crystal meth and ecstasy can be produced in almost any environment with relatively few ingredients and easily obtainable tools. The labs in which they are made are often located in basements and other small spaces, making them difficult to trace. In fact, a report produced by Carleton University in 2004 said the following:

Versatility is the term that best defines methamphetamine production. Clandestine laboratories have been found in sites as diverse as private residences, rental homes, motel rooms, dorm rooms, garages, campgrounds, moving vans, trunks of cars, storage facilities,--

Though large scale industrial production of these drugs is increasing, the vast amount of crystal meth and ecstasy are produced in these small kitchen-like labs as outlined in the report to which I just referred.

It is troubling that these drugs have negatively affected the lives of Canadians all over the country, especially our youth, but the effect goes beyond our borders, tarnishing Canada's reputation on an international level. The United Nations Office on Drugs and Crime said in its 2009 report that Canada is the single largest supplier of ecstasy to the United States, and is a significant supplier of the drug to Japan and Australia.

According to the 2009 United Nations word drug report, there is evidence that Canada-based Asian organized crime groups and outlaw motorcycle gangs have significantly increased the amount of methamphetamine they manufacture and export to the U.S. market and also for Oceania, and east and southeast Asia. “Canada has grown to be the most important producer of MDMA for North America, and since 2006, all ecstasy laboratories reported have been large-capacity facilities operated principally by Asian organized crime groups”, said one observer.

We have many resources, skills and commodities to export. It is unfortunate that we must now recognize that crystal meth and ecstasy are among Canada's recognized exports.

We have covered ways in which the production and consumption of these drugs negatively affects individuals, families, communities and Canada's international reputation. Yet, another reason why this fight is an important one relates to environmental concerns. The United Nations notes:

--environmental harm and costs caused by illegal laboratories and their safe removal are considerable.

The production of these drugs is an extremely toxic endeavour about which we should all be concerned. To further illustrate the problem, I return to the report by Carleton University to which I referred earlier. It said:

For each pound of manufactured methamphetamine synthesized through one of the above methods, five to seven pounds of toxic waste is produced, as well as the release of poisonous toxic gas.

I would like to take a moment to thank my colleague, the member for Peace River, for his considerable work on this bill, and his careful and tireless work in the previous session of Parliament. The member for Peace River originally introduced this bill in a slightly different form in 2007. I am honoured to be reintroducing the bill and to have him second it as we fight the battle against ecstasy and crystal meth.

I also wish to acknowledge the input of various members of the House from other parties, members whom I approached while drafting this private member's bill. To the member for Windsor—Tecumseh and the member for Beauséjour, I appreciate our conversations and their insight into how we might work together in this fight against the scourge of these drugs in our country.

Additionally, both the member for Peace River and I have consulted extensively with stakeholders, such as law enforcement officials here in Ottawa and in British Columbia. We greatly appreciate their insight and wisdom into how we might make legislation that will allow them to fight these drugs more effectively. Their commitment to keeping Canadian communities safe serves as an inspiration to us in the House as we do our part to contribute to the tackling of crystal meth and ecstasy head on.

At the suggestion of law enforcement officials, the drug ecstasy was added to the bill that the member for Peace River originally introduced. These officials have noted that, in their first-hand experience, the production of crystal meth and ecstasy are often linked. I am also honoured to announce that the British Columbia Association of Chiefs of Police recently passed a motion in support of this bill.

Following the path taken by countries such as New Zealand, Australia and the United Kingdom, which have introduced aggressive strategies to target one or both of these drugs, the changes that would be made by this bill to the Controlled Drugs and Substances Act would outlaw the procurement of the precursors for these drugs and make it more difficult for these addictive substances to be produced. When passed, this bill will greatly hamper the clandestine type of market that has made these drugs so easily accessible to Canadian youth.

It is clear why this issue is of such great concern to constituents in the riding I represent, to members who sit in the House and to all Canadians. Crystal meth and ecstasy affect individuals who use them as well as their families and their communities. The production of crystal meth and ecstasy is feeding the appetite of criminal elements in our country. The production of these drugs also affects Canada's reputation internationally. The environmental harm caused by the production of these drugs is considerable and also factors in to the urgency to do something about their production.

By affording law enforcement officials the tools to inquire into the suspicious and voluminous acquisition of recognized precursors, suspected producers of these substances would be more vulnerable for investigation. Therefore, I believe that my colleagues in the House will join me in seeking to bring about the end of the possession, production and trafficking of the precursors of crystal meth and ecstasy. I ask all my colleagues to join me in the support of Bill C-475.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / 11:15 a.m.


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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I am very supportive of the bill. I did chair a subcommittee of the health committee on controlled drugs and substances, where we initially set up the schedules on precursors, designer drugs and a few other things.

There were a couple of questions and maybe the member can assist. The coordinating amendment in the bill seems to make a reference to subsection 19(8) and the reference in the member's bill is to subsection 1(9) of schedule III, not schedule I. I do not have the bills before me, but I wonder if the member could please explain what the difference would be if his bill is overridden by the government bill that is already in process.

Finally, since he has done all the work now, I wonder if the member has any comments on whether or not the process that we have to go through to amend the schedules to the Controlled Drugs and Substances Act seems to be fairly onerous and may not be able to respond to the velocity of changes in terms of the advancement of drug science.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / 11:15 a.m.


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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, the member's question illustrates several things.

The first thing is the commitment in principle to bring to task the production of these harmful drugs. I have seen a willingness on both sides of the House to work together on this. I look forward to working specifically with the member who is very well informed about the process. My hope is that, through efforts like his, we can expedite the processing of this bill.

My colleague, the member for Peace River, put a lot of effort into bringing this bill into force. He received unanimous consent of the House and the bill received second reading in the Senate. It was clearly bound to be enacted. We need to ensure all members of the House work together to ensure the bill does get enacted this time.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / 11:20 a.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, according to some United States reports, Canada is the primary source for this type of drug in the United States, which means the Americans are concerned about this.

I looked into the pill compression machine issue, which the Americans find to be important. I am not sure whether the member is aware but the pill making machines in the United States all need to be registered with the government and, even if they break down and need to be repaired, there is a paper trail there. The United States feels that if Canada were to take some action to register and regulate pill compression machines that would help the problem.

I wonder whether the member could give us his ideas on that point.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / 11:20 a.m.


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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, it is always gratifying when my colleagues in the House do their homework, as that member has clearly done. He appreciates the impact upon Canada's reputation of the effect on organized crime of making the precursors and anything used to produce the drugs that are so accessible to criminal elements that are now engaged in the practice of creating these drugs.

The bill has been crafted with input from a large number of stakeholders. We consulted with law enforcement officers in Ontario, British Columbia, Alberta and other places.

The member will notice that one of the words in the bill that I have introduced is the word “anything”. Anything that is clearly and explicitly designed to assist in the production, the possession or the trafficking of crystal meth or ecstasy, and if the intent can be proven that is why the pill making machines were procured, then the offence could be proven by the prosecution.

The member asked a good question and it goes to illustrate that this is not only a bill with great intent but a bill that would have great effect.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / 11:20 a.m.


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Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, I would like to begin by simply summarizing what the bill is trying to accomplish.

If we look at subclause (2), it simply states:

Every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years less a day.

Then it simply states:

No person shall possess, produce, sell or import anything knowing it will be used to produce or traffic in a substance referred to in the [schedules]....

We have no problem supporting the bill going to committee for study. However, I have some preliminary concerns. We want to ensure that people are aware that they will be violating the law if we look at subclause 7.1, “possess, sell or import anything knowing that it will be used to produce”. A lot of detail, presumably, will need to be put in the regulations but that is something that we will need to work out and study in some detail.

Once again, we support the bill going to committee but my main point today is why now and why in this particular context.

These recommendations in the legislation actually emanate from a Justice Canada report from 2007. That is fine. However, if this is so important at this time today, why is this not in a government bill? The government has had no difficulty pursuing a law and order agenda. I would like to go through that and talk about why it has done that.

We have had the worst economic crisis since the Great Depression and the response of the Conservative government has been law and order legislation. We have had the loss of approximately 500,000 full time jobs and the government's response has been law and order legislation. We have had an isotopes crisis so Canadians cannot get the testing they require for cancer treatments. The response from the government has been law and order legislation. We have had the reduction of Canada's place inside the G8 and the best GDP to the worst. The response of the Conservative government has been law and order legislation.

We have had an EI crisis and the government's response has been legislation that divides Canadians between the good workers and the bad workers, between the long term workers and the short term workers and nothing for seasonal workers. The further response of the government has been law and order legislation.

We have an H1N1 pandemic crisis. We have a failure of the government to have a national pandemic plan in place as confirmed by Canada's Auditor General. The response of the government has been law and order legislation.

We have an Afghanistan torture scandal and the response of the government has been law and order legislation.

Why do we keep going to law and order legislation?

I want it to be clear that I support the member's efforts in terms of this legislation, but this is one that should have been far up on the law and order agenda. Why did it take a private member to introduce this? Why was this not already introduced and passed earlier? It should have been because we do have serious problems in Canada.

In terms of these particular drugs, we have high emergency room rates, deaths, the permanent alteration of a human's brain and psychiatric disorders. The statistics from an American study show that 2.3% of all eighth graders, which I find shocking, have tried these drugs, 2.4% of tenth graders and 2.8% of twelfth graders. Therefore, there must be something similar in Canada, although we do not have those studies.

Once again, I support this legislation but if it had been government legislation rather that a private member's bill more could have been done. Where is the money for prevention? Where is the money for education?

So that everyone understands, when it comes to private members' legislation, and I am not criticizing my friend who introduced this, he is not allowed to put provisions in a private member's bill that involves the spending of money, so it is not his fault. However, if the government had introduced this legislation, there could have been spending on these issues: crime prevention, drug education, education in schools for children and treatment programs, all of that for the sufferers who take these drugs and for the prevention to try to avoid this.

My friend's bill would have been far superior, once again, no fault of his own, if this had been government legislation but it is not.

I have the honour of serving on the Standing Committee on Public Safety and National Security, so I am aware of some of the statistics. Eighty per cent of criminals who are incarcerated in our prisons have either substance abuse or mental health issues. That means that a huge majority of people who commit crimes and are eventually incarcerated already have these problems. What is the government doing to prevent that, to try to help and cure them before they actually commit crimes? If this had been government legislation, it could have done something, but it is not.

In terms of treatment in prisons, there are clear admissions from various experts who appeared in committee. People need to understand that most prisoners get released into society. If they go into prison because of mental health or addiction issues, logically we would want to ensure they get the treatment required before they are released.

It would have been quite nice if this were government legislation doing something about that because experts have admitted that people in prison are not getting the treatment they require before being released. That is a public safety issue and, frankly, in order to protect the Canadian population, one would want those people to be released better than when they came in.

The other issue in terms of drugs, since that is the topic we are discussing with respect to prisons, is that there are clear admissions that the prison population is getting illegal drugs into prisons. What is the government doing to prevent these drugs from seeping into our prisons? It should be doing something.

If this were a government bill, it could have been part of a larger package to try to effectuate such changes, both in society and in the prison population. Once again, it is not the fault of my friend as he is only allowed to introduce a private member's bill.

In terms of what the government has done to further its law and order agenda, let us look at some of the examples it has put ahead of this, such as the sex offender registry. I support that legislation but it was introduced weak. It came before Parliament without the benefit of the report of the committee. Some things that should have been included based on all the experts were clearly omitted, such as mandatory licence plate registrations of convicted sex offenders.

The government and the Minister of Public Safety specifically said that they had chosen not to include that in the legislation despite the fact that all the experts recommended it and that it was logical. Even when they pursue the law and order agenda, they are not doing it properly.

In another piece of legislation we have the faint hope clause. None of the experts were clamouring for any changes to that. It was the same thing on conditional sentences: two for one, time served, mandatory minimums. None of this was a societal problem like drugs. In comparison, this is certainly a greater problem. However, the government chose not to do anything with respect to drugs on the streets and left it to a Conservative private member to introduce this legislation. He is not allowed to make any suggestions to put money on the streets, establish reforms or help in any measurable way. That is a mistake.

This legislation should have been, based on the 2007 recommendations from the Justice Canada report, at the front of the line or close to the front of the line for this law and order agenda. It was not and that was a mistake.

I compliment my friend for bringing this private member's bill forward. I support it going to committee but I question why the government has pursued, in response to all the problems Canadians are facing, a law and order agenda and then not even putting the most serious law and order issue, such as drugs on the street in this context, at the front of the line or close to the front of the line in order to help Canadians. The government has ignored that, which is a mistake. I compliment my friend for fixing the problem or at least trying to.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / 11:30 a.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak on behalf of the Bloc Québécois about private member's Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy).

I would like to begin by saying that the Bloc Québécois recognizes that methamphetamine and ecstasy use is a serious issue. The Bloc recognizes that these drugs are very bad for people's health, especially young people, and our party sympathizes with the families of victims of addiction to these drugs.

We agree with Bill C-475 in principle, but we are concerned that it may not complement existing legislation.

I should point out that existing legislation covers the production of all illegal drugs. As I have said before in the House, many of the Conservatives' justice bills are introduced simply for electoral purposes. We have to get to the bottom of things, and that is what the Bloc Québécois will do in committee. We will take a close look at how this bill can add to the existing regime.

Bill C-475 amends the Controlled Drugs and Substances Act to prohibit a person from possessing, producing, selling or importing any substance, device or other thing intended for use in producing or trafficking in methamphetamine or ecstasy.

The scope of the bill was expanded to include ecstasy and a minimum sentence of 10 years less a day. This is in line with the Conservatives' preference for replacing judges with laws so that they do not have to replace existing judges with new right-wing ones who share the Conservatives' ideology.

The bill proposes adding the following subsection to the Controlled Drugs and Substances Act.

The Controlled Drugs and Substances Act is amended by adding the following after section 7:

7.1 (1) No person shall possess, produce, sell or import anything knowing that it will be used to produce or traffic in a substance referred to in item 18 of Schedule I or subitem 1(9) of Schedule III.

it would also add a second subsection:

(2) Every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years less a day.

This bill also contains a coordinating amendment in the case that Bill C-15 receives royal assent.

The House has already unanimously agreed to provisions in Bill C-15. The Bloc Québécois supports measures that give real results on the ground. But in the meantime, we must ensure that there is coordination between the measures of Bill C-475 and Bill C-15, which the government has already introduced.

Bill C-424, a private member's bill introduced by another member in the House, read a bit differently. The word “ecstasy” has been added to the definition, and the Bloc Québécois is in favour of that.

Ecstasy and methamphetamine are drugs that are harmful to a person's health, and they are highly addictive. In Quebec, these drugs are gaining in popularity throughout the community. In schools, they are as accessible to young people as cigarettes, and are often available as early as the elementary grades. That is terrible. Another problem is that nowadays it is impossible to know what these drugs are made up of.

To make more money, manufacturers usually mix the drugs with other lesser quality ingredients. Everyone knows that there is money to be made in drugs. People are making a profit. These drugs are harmful to the health of those who use them.

According to a Health Canada study carried out with the Sûreté du Québec, between June 2007 and July 2008, 54% of tablets did not contain what was claimed. Other products had been added.

For example, 80% of ecstasy tablets are cut with one or more other drugs, including methamphetamine. This is what creates dependence. Because the content of these drugs is unknown, it is difficult to predict how they will affect people. In addition, an overdose of these drugs, pure or not, can lead to death in some cases.

Often, users take these drugs for fun, thinking there is no danger. But these drugs are cut with other substances so that users will turn into addicts. The dealers' goal is to have these people become addicted to drugs. Often, the drug trade is controlled by organized crime groups such as street gangs, biker gangs and the mafia. That is the problem. These people are not selling drugs to benefit users' health, but for their own financial gain. That is what is so terrible. Often, people become addicted to these substances, and in some cases that addiction leads to death. That is why we must tackle this problem.

The Bloc Québécois has always stood up for this in this House. The Bloc is the first party that really introduced a bill to go after organized crime groups by reversing the burden of proof. Previously, when criminal gangs were charged and appeared in court, it was up to the Crown to prove that the money and property they had accumulated had come from the sale of illicit property, undeclared goods or drugs. Now, the burden of proof is reversed, which has made it possible to seize a large amount of property and goods from organized crime groups.

In recent years, the media have given a lot of attention to all the seizures that have been made not only by the Sûreté du Québec—particularly in the spring of 2001—but also by the RCMP and other police forces in Canada. These seizures were made possible when the House of Commons passed the Bloc Québécois bill.

With regard to the serious impact of these drugs and their use, I would like to draw members' attention to a very timely article published in Le Soleil on November 17, 2009 and another article that appeared in the Journal de Québec on July 6, 2009, entitled “The shocking increase in ecstasy”. This article stated the following:

In a report released last week, the UN stated that Canada has become the leading producer of the drug ecstasy in North America.

Here is more bad news: generally speaking, drugs like ecstasy are consumed close to where they are produced and in fact, statistics show that ecstasy consumption is on the rise in Canada and Quebec.

Canada has the terrible reputation of being North America's main supplier of ecstasy. This problem needs to be addressed.

The article goes on to say:

Its users describe it as a soft drug, but that is not really the case. Ecstasy is one of the new synthetic drugs, the so-called designer drugs, that have emerged as a result of advances in chemistry. The ecstasy molecule was first isolated in 1912 in the context of research aimed at producing an appetite suppressant...

Like all other drugs, ecstasy affects the nervous system, and like cocaine, heroin, nicotine or alcohol, ecstasy can create dependency in users.

That is the primary, most important goal for criminal groups: to create a dependency. This concerns us because its users believe they can use it for pleasure and that it does not create a dependency. However, the UN study cited in this Journal de Québec article from July 6, 2009, is clear. I will refrain from reading the entire article, but it gave a detailed analysis of the drug, its components, how it works in terms of consumption, and the dangers associated with it. The article concluded by calling it the gateway to hell.

Ecstasy-related deaths are not as common as deaths associated with many other drugs...

However, what appeared to be the gateway to paradise could in fact be the gateway to hell...

That is how the article concluded, and that is what those watching us at home must remember.

The Bloc Québécois will work hard to move this bill forward in committee.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / 11:40 a.m.


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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, I rise today to speak to private member's Bill C-475. This is a reincarnation, if I can use that term, of Bill C-428 that was presented to the House by the member for Peace River and passed by the House in the last Parliament. Like so many other bills, it died on the order paper when the Conservative Party and the Prime Minister decided to hold an election. So it is coming back and I want to acknowledge the work that has been done by the author of the bill, the member for West Vancouver—Sunshine Coast—Sea to Sky Country. It is lovely countryside and I enjoy going out there whenever I get the chance.

The bill deals with what is, by any standard, a scourge, a really horrendous problem for our society, particularly for our young people. It attempts to further control access to methamphetamines and the drug ecstasy, to use its street name. It is a tragedy that we repeatedly run across. All members of the House at some point have had constituents come in to talk to them about this.

The drugs ecstasy and methamphetamines are both highly addictive. Not only are they highly addictive, but they are also addictive at a very rapid pace. Sometimes just an initial taking of it is enough to hook people on it and, certainly, if someone uses it three to five times there is a very high probability that he or she is going to be addicted. Also, if it is used repeatedly in any kind of high volume, strong medical evidence now shows that it causes brain damage.

The availability of this drug has an interesting history here in Canada, but what has been very clear is that it is particularly attractive to young people. As we heard from my colleague from the Bloc, even children in elementary schools get access to it. It is cheap. It is cheap to make and therefore is quite accessible on the street.

It has an interesting history here in Canada in that it started as an epidemic in the smaller communities in the mid-northern parts of the country, particularly in the western provinces. The explanation we have been given by the police authorities who have been dealing with it is that it was cheap to set up the labs and the labs were easily concealable in smaller communities. Fairly clearly, it was street gangs that were doing this as opposed to the larger organized crime syndicates that we have, although there is some indication that they are now involved in it quite substantially as well. But the initial phases were in small rural communities and it became an epidemic within a year.

Interestingly, what then happened, which I suppose is not that unusual, is that it expanded eastward and southward in this country and then southward into the United States. We have become, as we have heard from other speakers today, a major exporter of these particular drugs to the United States.

As a bit of an aside, I would like to relate some of the work we have done and information we have received both at the justice committee and public safety committee, where we heard from our police forces and communities. I want to praise these communities, particularly in the rural parts of the country. They moved as communities to effectively shut down the labs in a number of the communities and developed treatment for the youth who had been affected and addicted to these substances. It really is a good news story from that perspective. Community by community, they learned from each other and responded to this problem.

I am not going to suggest this was the be all and the end all to ending it. However, a number of the smaller communities, especially in the western provinces, were quite effective at responding to it once they had identified how bad it was.

I have to say it has been less successful in other parts of the country and is being worked on now, in co-operation with police forces and community groups. As well, there is more and more evidence that the addiction can be treated. Obviously, the person has to get off it completely. It is fairly clear that the work to rebuild a person's psychological strength can be done.

There is one other point I want to raise with regard to this phenomenon vis-à-vis Canada. The precursors, the chemical components to these drugs by and large come in from other countries. Some come from the United States to a significant degree. Some come from Asia, as well. There was a problem, for instance in the state of New York, and the stories we heard were well documented to be accurate and not just anecdotal, that people would clear the shelves of Sudafed. There are components in Sudafed that are used to make these drugs. People would go in to drug stores and literally take all of the Sudafed. The state of New York has moved to ban that. People are allowed to buy only enough Sudafed to deal with a cold, not enough to be used in the production of other drugs.

The state of New York and other states in the United States have moved to regulate those chemicals at source. If a person is manufacturing these precursors and then selling them, the person buying them has to show what they are going to be used for and why the volume being bought is needed. It has been quite effective in restricting the labs in the United States. What had been happening, and is still happening here, is the purchaser would conveniently sell it in smaller batches to any number of people. Clearly the person would have to know that some of it was getting into the hands of gangs to be used for the purposes of making illicit drugs.

Some states have shut that down by regulating it. They did not use criminal law, they used commercial and consumer regulation. What happens now is that a chain is created. The producer has to report to whom it was sold and in what volume. The person purchasing it has to do the same thing. If people then break it into sublots and sell it off, they have to show to whom they have sold it and they have to have an explanation as to what it is going to be used for. It has been quite effective in the United States to use the regulatory framework, not criminal law, to shut it down, to a great extent, leaving Canada, as I and other members have said, as an importer. The same process is going on in Canada, in terms of the sales, but the regulatory infrastructure is not in place in this country.

I do not want in any way to demean the effort of the member with respect to this legislation because we are supporting it; it is one step that is needed. However, in order to really get at this, we also need to regulate this from the producer right through the whole chain so that we are assured that it does not get into the hands of the gangs, or if it does, that we are able to trace it right to them and use this legislation to charge and convict them.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / 11:50 a.m.


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Conservative

Chris Warkentin Conservative Peace River, AB

Mr. Speaker, it is an honour to stand in this House this morning and speak to this private member's bill.

I want to thank my colleague from West Vancouver—Sunshine Coast—Sea to Sky Country. The hon. member has brought forward this private member's bill which in many ways resembles a bill that I brought forward in the previous Parliament. I want to thank members in this House for their debate this morning, but also those members who were in this House in the last Parliament who supported a bill very similar to this one. They unanimously supported it in this House and got it through committee and then over to the other place, where it died when an election was called.

There is no question that we as parliamentarians have a large responsibility. We have a responsibility to do our work here in this House but we also have a responsibility to work together for the common good of our constituents.

Today we are speaking about an issue that is very close to my heart. It is an issue that impacts, unfortunately, the vulnerable and the young disproportionately to other groups. Therefore, we as members of Parliament have an increased responsibility to address the bill here today, not because people are telling us to, but because we can see the effects on young and vulnerable people across this country as they are affected by the addictive qualities of methamphetamines.

I will give a brief outline as to what these drugs are, what makes them different and why I believe this is an important way to approach this issue and reduce the amount of crystal meth, methamphetamines and ecstasy that are being produced in this country.

Methamphetamines are different. They are synthetic drugs and that makes them different from many other drugs. Other drugs need to be imported in their illegal form or grown in their illegal form. There is a whole chain of events that needs to take place prior to the actual drug being available for people to buy and distribute on the streets.

Crystal meth and methamphetamines are different in that legal ingredients or a combination of legal ingredients and legal tools are used to make an illegal substance. Once that illegal substance is created, it can be out on the streets of any of our communities within minutes. Canadians and organized crime can produce crystal meth and methamphetamines in every single community in this country, leaving none of our communities isolated from the harmful effects of methamphetamines and the illegal distribution of them.

Crystal meth and methamphetamines are unique in other characteristics as well. The addictive nature of these drugs is unbelievable. When I spoke to recovering and recovered methamphetamine users, I found out how addictive it is. There are people with whom I have spoken through my work on this issue who have told me that after a single use they became so addicted to this drug that nothing would stop them from trying to get another fix. It was even more devastating when I spoke to young people whose lives had been completely ripped apart by this drug, who experimented with this drug at a party and after a single use they became addicted.

In many cases, there is nothing to indicate that it will be one kid rather than another who is going to use it. Some of the kids I spoke to were good kids. They had grown up in great families. They had every opportunity to succeed and had done well in school, but they had been tempted to use this drug and had decided to use it. As a result of that, their entire lives had been destroyed.

As we have learned more about this drug, we know there are treatments to help young people and people of all ages with this addiction. However, let us never believe that there is no long-term effect on people who have used crystal meth or methamphetamines.

The long-term damage of this drug is irreparable. There is physical and psychological damage, but there is also damage in terms of broken trust with family and the destruction in terms of a person's education and work. Many different things happen as a result of somebody becoming addicted. I spoke with people who had become addicted to this drug, and in every case, they said that their lives would never be the same.

While it is important to ensure there is treatment for young people, it is even more important that we as members of Parliament try to stand between young people and people in general and their access to the drug.

Questions were raised in terms of what the government has done with respect to spending money on anti-drug strategies. It is important that this come into the discussion. There were questions from an hon. member who had not been here in the last Parliament.

We as government members have worked extensively to develop a national anti-drug strategy. In budget 2007 there was over $60 million allocated to that initiative to ensure that young people would not get addicted at all.

The unfortunate thing is that young people continue to use drugs. It is imperative that we as members of Parliament work together to ensure that young people are educated.

Crystal meth is finding its way into places where young people would not see it as crystal meth or methamphetamines. As a matter of fact, I have spoken extensively with RCMP officers who are incredibly concerned about organized crime's marketing of methamphetamines. Methamphetamines are being blended into many other drugs that are commonly sold on the streets. Because of the addictive nature of methamphetamines, they are being blended into all kinds of drugs. Young people who become addicted to whatever drug they think they are purchasing will also become addicted to methamphetamine because it has been blended into the other drug.

What really concerns me as a father with young kids is that organized crime is mixing methamphetamines with candy. It is being wrapped up to look like candy and it is being sold on the streets. Young people are being given or sold these small candies that are actually laden with methamphetamine. That is just unbelievable for those of us who are parents, the thought that young people are being targeted in this effort by organized crime.

I got involved in the fight to have legislation with regard to methamphetamines for a number of reasons, but it was the stories that had the most impact. I met people in my own community. Communities were referenced where this epidemic of crystal meth started. Those communities were very close to my constituency. We saw the effects of methamphetamines and crystal meth being sold into our communities. I witnessed very strong and independent people being torn apart by the destruction of this drug.

When I found out that the epidemic was continuing to grow and that Canada had moved from an importing nation with respect to methamphetamine to an exporting nation, that made me very afraid. Like other members, I started to look at other countries that had had some success in limiting the production of crystal meth in their communities. I recognized that we were lagging behind as it relates to the precursors and the materials that are used.

Because an illegal substance is being created from legal substances, we have to give the RCMP and other police officers the opportunity to intervene, especially as it relates to organized crime, in the supply and development of this drug. We have to give police the power to go in where they know the products are being used for the production of methamphetamines and close that off. I believe that will be the continuation of this particular fight.

Controlled Drugs and Substances ActPrivate Members' Business

November 30th, 2009 / noon


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Conservative

The Acting Speaker Conservative Barry Devolin

The time for private members' business has expired.

The Chair has received notice that the hon. member for Windsor--Tecumseh wishes to rise on a question of privilege.

Controlled Drugs and Substances ActPrivate Members' Business

March 9th, 2010 / 5:55 p.m.


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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

moved that Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy), be read the second time and referred to a committee.

Mr. Speaker, I rise today to speak again to a bill designed to recover our youth, to deliver a greater sense of peace and order to our communities, and to tackle a major activity of organized crime.

The passion I bring to these issues reflects my role as a father of three young children and as a member of Parliament for the riding that hosted many of the Olympic Games in the past month and will next week host most of the Paralympics.

Many of my constituents are also concerned about health matters. These matters are very important to everyone, people of the east, the west, anglophones, francophones—all Canadians. The health of Canadians is also linked to the progress we are making in our fight against drugs like crystal meth and ecstasy.

My private member's bill is aimed at tackling head-on the production of the drugs known as methamphetamines, more commonly called crystal meth and ecstasy, the two most common forms of methamphetamine-type stimulants. The bill would make a new offence for possessing, producing, selling or importing anything if the person involved knows that the thing will be used to produce or traffic crystal meth or ecstasy.

The United States, New Zealand, Australia and the U.K. have introduced aggressive strategies to target one or both of these drugs. This bill follows the approach taken in these countries, introducing several changes to our Canadian Controlled Drugs and Substances Act and creating a new criminal offence for the procurement of the precursor chemicals for these drugs if the procurement is accompanied by the intention to produce the outlawed substances.

When passed, the bill will greatly hamper the clandestine production that has made these drugs so easily accessible to Canadian youth.

There are at least three reasons why this issue is of such great concern to my constituents, to the members who sit in the House and to all Canadians. First, crystal meth and ecstasy harm individuals who use them as well as their families and communities. Second, production of these drugs involves direct environmental dangers. Third, the production of these drugs also affects Canada's reputation internationally.

Experts agree that one way to stem the production of these drugs is to focus on the precursors. Today, law enforcement officials cannot investigate or charge someone merely for gathering the ingredients of these drugs. The bill would give the law enforcement community the new tools it needs to do the job.

The 2004 United Nations report entitled, “Preventing amphetamine-type stimulant use among young people”, made clear what a scourge these drugs are to youth in our country. Serious health implications resulting from chronic use of these drugs include dependence characterized by compulsive drug seeking and drug use, and a phenomenon known as amphetamine or methamphetamine psychosis which includes strong hallucinations and delusions.

Crystal meth and ecstasy use can translate over the longer term into schizophrenia, a side effect with lasting consequences. Trauma experienced by users includes great physical, psychological and emotional harm. Too many families and communities are being affected by these awful drugs.

Some personal anecdotes help to give a human face to these struggles. I have been in touch personally with several drug treatment centres and some of the victims of these drugs have shared their stories with me. A young lady, who I will call Vanessa, said “the worst paranoia I've ever experienced was on crystal meth. It creates a feeling of invincibility. I believed I could commit crimes or do anything. The crash when coming down off the drug is so hideous you do whatever it takes to prevent the crash. That's where the crimes come in. You believe you can get away with anything”.

Another person in treatment noted that “ecstasy is what started me and all my friends using other harder drugs” he said. “The come down was so hard, the depression so bad that we needed to find something to numb us out”. He carried on and said, “So we started using cocaine and heroin after a weekend of partying with ecstasy”.

These drugs have affected a large number of Canadians. According to the Canadian alcohol and monitoring survey, about 50,000 people aged 15 or older reported having used methamphetamines at least once in the previous year.

In B.C. it was estimated by the ministry of health in 2003 that 4% of school-aged children have used methamphetamine-type drugs. At the same time, it was estimated by the Alberta Alcohol and Drug Abuse Commission that a shocking 5.3% of the school-aged population had tried methamphetamine-type stimulants.

Between 2000-04, 65 people died in British Columbia with methamphetamines present in their bodies. This number, which has been increasing every year for which statistics are available, charts a disturbing trend for all people in Canada.

One of the most insidious qualities of these drugs is the covert way in which they attack users. Ecstasy seems like a harmless party drug to some, one that is marketed through colourful pills and cheerful designs, such as happy faces, but police have found that a significant amount of ecstasy seized from the streets is laced with more dangerous drugs such as crystal meth. When combined, the two can become an addictive, toxic and dangerous combination. Overdoses are common due to the unregulated nature of the drugs.

Side effects of methamphetamines are similarly worrisome. A position paper produced in Australia noted, “methamphetamine use has often been associated with violent crime, and the drug has a strong reputation for inducing violent behaviour”.

To understand the harm of these drugs, it is crucial to highlight their addictiveness. In a 2004 report, the solicitor general of my home province, B.C., explained:

A powerful stimulant, meth alters the brain's production of dopamine. The drug produces an initial positive pleasurable physical reaction by increasing the levels of dopamine, leaving a person depressed as the effects of the drug wear off. The user then requires more of the drug to return to normal. This "binge and crash" pattern leads to loss of control over the drug and addiction.

To look at the addictive nature of these drugs from another angle, addiction counsellors say that the relapse rate of crystal meth users is about 92%, which is higher than the relapse rate for cocaine.

Having covered aspects of harm to the individual consumer and his or her community, let me speak to the second of these main reasons to attack the production of these drugs, the dangerous environmental aspects of the production.

In the absence of production standards, there is no way to control the quality of substances produced, the safety of production or the location. A report produced by Carleton University in 2004 stated, “Versatility is the term that best defines methamphetamine production. Clandestine laboratories have been found in sites as diverse as private residences, motel rooms, dorm rooms, campgrounds, storage facilities” and almost any other place that we could imagine. Though large-scale industrial production of these drugs is an increasing reality, the vast amount of crystal meth and ecstasy are produced in small, kitchen-like labs. These labs house toxic waste and other substances dangerous to humans and are located in our neighbourhoods and in our homes.

The United Nations notes “environmental harm and costs caused by illegal laboratories and their safe removal are considerable”. The production of these drugs is an extremely toxic endeavour, one about which we should all be concerned.

A letter I received today from B.C.'s solicitor general, Kash Heed, outlines some of the harmful effects of production. In the letter, he says:

In the last five years, police in British Columbia have responded to over 161 clandestine labs, chemical seizures and dumpsites related to illegal ecstasy and methamphetamine production....As you are no doubt aware, synthetic drug labs in British Columbia are large-scale economic labs that...produce...quantities greater than five kilograms per production cycle and, in some instances, 40 kilograms per cycle. At least six kilograms of waste is produced for every kilogram of finished product. These waste products are typically dumped causing serious environmental damage.

One person who was involved with the drug noted, “I lived with a person who cooked crystal meth. He had burns all over his arms. It was in an apartment building and I'm sure that it affected all the people in the building”.

The environmental degradation, the violent nature of the chemicals and the harmful effects are all reasons which independently dictate the need for action.

Many colleagues in the House have expressed to me their concerns about the effects of these drugs on people across Canada. However, the marketing of crystal meth and ecstasy transcends Canada's borders and tarnishes our reputation on an international scale.

The United Nations Office on Drugs and Crime reported in 2009 that Canada is the single largest supplier of ecstasy to the United States and is a significant supplier of the drug to Japan and Australia. The UN report also concluded:

There is evidence that Canada-based Asian organized crime groups and outlaw motorcycle gangs have significantly increased the amount of methamphetamines they produce and export, for the U.S. market, but also for Oceania and East and Southeast Asia.

The report also noted:

Canada has grown to be the most important producer [of ecstasy] for North America, and since 2006, all ecstasy laboratories reported have been large-capacity facilities operated principally by Asian organized crime groups.

We have many resources, skills and commodities to export. How sad that we Canadians must now include crystal meth and ecstasy among our recognized exports.

My friend and colleague, the member for Peace River, originally introduced the bill and invested enormous effort to obtain unanimous consent in the House. His bill made it to second reading in the upper house. However, an election intervened and the bill died. He and I have since consulted extensively with stakeholders such as law enforcement officials in Ontario, Alberta and B.C.

The bill would improve on the original bill put forward by the member for Peace River by adding the drug ecstasy as a substance which precursors would now also be restricted. The production of crystal meth and ecstasy are often linked. Law officials therefore encouraged us to link the two drugs in the bill.

We have received endorsements for the bill from the B.C. Association of Chiefs of Police, B.C. Solicitor General Kash Heed and several other associations in the riding I represent, including the Catholic Women's League. This past weekend, the Federation of Canadian Municipalities also passed a resolution in support of this bill, calling on our House to work with the provinces to enact more stringent regulation with regard to precursors in Canada's Controlled Drugs and Substances Act, just as proposed in this bill.

First nations leaders such as Chief Gibby Jacob of the Squamish Nation have voiced their support for the bill. I have also received support from B.C. communities regarding the bill, including places such as Gibsons, Bowen Island and Powell River. I am also proud to note that our government has taken action to reduce the level of addiction in our country already through education and treatment. Government-financed programs such as the youth justice fund and the national anti-drug strategy will continue to work in conjunction with the bill to increase liability for possession of the chemicals needed to create crystal meth.

I appreciate the supportive and constructive comments that I have received already from colleagues in the House from all parties. My colleagues have taken note of the three reasons to legislate against the procurement of precursors of crystal meth and ecstasy: the harm to consumers of these drugs; the environmental hazards involved in their production; and their prejudice to Canada's good name as an exporter.

I hope all members will join me in bringing to an end the possession, production and trafficking of crystal meth and ecstasy in Canada. By directly targeting the ingredients of these devastating drugs, we can work to create a safer and stronger Canada. I ask all members join me in support of Bill C-475.

Controlled Drugs and Substances ActPrivate Members' Business

March 9th, 2010 / 6:10 p.m.


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Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, I previously spoke on the bill in the last session. This emanates from a 2007 Department of Justice Canada report. At the time, I said that this should be a government bill. I complimented my friend, and he will recall this, for taking the initiative and trying to fix the Conservative government's omission in not bringing this forward as part of its own legislation. At this point in time, I think he will agree with me that this is an important issue. It should go to committee. It should have been studied, and I support it.

He must be as disappointed as I am that this is not further along. This could have been much further down the road if Parliament had not been shut down. Does he share my extreme disappointment that Parliament was prorogued and that this legislation was delayed because of that.

Controlled Drugs and Substances ActPrivate Members' Business

March 9th, 2010 / 6:10 p.m.


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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, I certainly embrace the enthusiasm of my colleague across the floor. I thank him for his support of the bill. The way I look at these things, I come to the House on behalf of constituents and Canadians to do the best I can. I am supported by the government members of the House in the forwarding of the bill.

With the support of my colleague and with the support of members from other parties, we will enact this bill for the good of all Canadians, especially our youth.

Controlled Drugs and Substances ActPrivate Members' Business

March 9th, 2010 / 6:10 p.m.


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Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Mr. Speaker, it would not have taken much for the member to convince almost everyone in this House, if they had been here, of the dangers of these drugs, and the importance of prohibiting the trafficking and production of them.

However, there already is legislation that makes these drugs illegal. The member referred to that act and has proposed some amendments. This act has four schedules, in which drugs are classified according to how dangerous they are.

Why have these substances not been added to the schedules of the act before now, which would have made them illegal substances? Why do we need a new act to amend the schedules of another act?

Controlled Drugs and Substances ActPrivate Members' Business

March 9th, 2010 / 6:15 p.m.


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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, I thank my colleague for his questions. I see that he is very interested in examining this bill, and that makes me very happy.

As it stands, no legislation prohibits the acquisition of the substances used to produce the drugs. That is surprising to many people, and especially to parliamentarians in this House.

Until now, if a police officer stopped someone who was in possession of substances used in the production of drugs, there was no specific legislation to allow for charges to be laid.