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.

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.

The House proceeded to the consideration of Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy), as reported with amendment from the committee.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:25 p.m.


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The Acting Speaker Denise Savoie

There being no motions at report stage on this bill, the House will now proceed, without debate, to the putting of the question of the motion to concur in the bill at report stage.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:30 p.m.


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Conservative

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

moved that the bill be concurred in.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:30 p.m.


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The Acting Speaker Denise Savoie

Is the House ready for the question?

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:30 p.m.


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Some hon. members

Question.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:30 p.m.


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The Acting Speaker Denise Savoie

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:30 p.m.


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Some hon. members

Agreed.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:30 p.m.


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The Acting Speaker Denise Savoie

I declare the motion carried. When shall the bill be read a third time? By leave, now?

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:30 p.m.


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Some hon. members

Agreed.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:30 p.m.


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Conservative

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

moved that the bill be read the third time and passed.

Madam Speaker, I take great pleasure to rise on the last sitting day before Mother's Day to speak to Bill C-475.

The bill would amend the Controlled Drugs and Substances Act by creating a new offence for possessing, producing, selling or importing anything knowing it will be used to produce or traffic in crystal meth or ecstasy.

Targeted ingredients include the drug's precursor chemicals, such as pseudoephedrine, ephedrine and Sudafed, which are commonly found in over-the-counter cold medications. Other targeted ingredients are legal but certainly not intended for human consumption, such as acetone, rubbing alcohol and iodine.

The bill would give our law enforcement community a powerful new tool with which to confront the growing menace of two drugs which are attacking the health and welfare of Canadians.

The passage of this bill would mark a new era in our fight to protect Canadians, especially our children, from the devastating effects of these drugs. In the battle to protect our communities, we would be providing new tools to combat the methamphetamine epidemic that has swept our country.

I believe this House stands united today in one noble purpose as we rise together and speak on behalf of Canadians who seek to escape the grip of these harmful substances.

We know an idea is one whose time has come when three things come together: first, a consensus surrounds and supports the idea; second, the idea meets an obvious need; and third, in one sense or another, the stars seem to align and the idea's progress seems preordained and unstoppable. In this case, all these conditions have come to pass, and I look forward to elaborating now.

First, we have a large nationwide consensus of people who support passage of the bill. The consensus is most evident in this House where all parties support it. On April 14, for the first time in this session of Parliament, all members voted in favour of a private member's bill. The stage was second reading and the bill was Bill C-475, the one to which I speak today.

The member for Peace River also received unanimous support for a previous version of this bill when he introduced it in a prior session of Parliament, but it died on the order paper when an election intervened.

Broad and growing support for this bill extends throughout the Canadian public as well, starting with the Federation of Canadian Municipalities. Other endorsers include the B.C. Association of Chiefs of Police, the Crystal Meth Prevention Society of BC, the Baldy Hughes Addiction Treatment Centre, the North Shore Substance Abuse Working Group, the Town of Gibsons, the City of Powell River, the District of Squamish, the Resort Municipality of Whistler, Bowen Island Municipality, the Squamish-Lillooet Regional District, the Solicitor General of British Columbia, as well as Chief Gibby Jacob of the Squamish First Nation.

The broad array of rehabilitation centres, law enforcement officials, former addicts and ordinary citizens who support this bill speak to the need for it, highlighting the fact that we in this chamber are not the only people who say that this is an idea whose time has come.

The chief of the West Vancouver Police Department, speaking on behalf of the B.C. Association of Chiefs of Police, Chief Constable Peter Lepine, wrote me earlier this week. I would like to quote from his message. He said:

As the voice of British Columbia's 5,000+ sworn police officers, the British Columbia Association of Chiefs of Police, BCACP, is proud to support the legislation and would like to thank [the member for West Vancouver—Sunshine Coast—Sea to Sky Country] and his staff for their efforts to reduce the impact of illicit drugs on families and communities across Canada.

Every day police officers and our colleagues in the justice system and fields like health care and social work experience firsthand the terrible toll that the production, trade and use of methamphetamine takes: From lives lost and families torn apart by addiction, to the fear and cost of drug-related crime, to the risk of fires and explosions related to meth labs. The public safety risks of methamphetamine are real, substantial, and growing all the time.

This legislation, which prohibits the possession of methamphetamine precursor materials, will provide police across Canada with a way to help reduce the supply of methamphetamine rather than being forced to simply deal with its consequences.The BCACP is confident that the benefits of early interdiction will include not only a marked reduction in the addiction-related human tragedies that we are all so aware of, but also a mitigation of the growing cost of methamphetamines for our health care and other social services.

Bill C-475 complements other criminal justice reforms initiated by our government, such as toughening the laws against drug trafficking and illegal firearms. I am pleased, therefore, that the Minister of Justice and the Conservative government also support the bill.

While a large consensus in support of Bill C-475 suggests it is an idea whose time has come, the increasing need for it is an even stronger indication. The need is simply to stop the destruction of the lives of young Canadians.

The more clearly I examine the problems associated with crystal meth and ecstasy, the more people I meet who have been affected themselves, directly or indirectly, by crystal meth addicts who suffer psychosis, physical addiction, unemployment and an inescapable draw toward criminal conduct. We need to eliminate the use of crystal meth and ecstasy from Canadian society.

These drugs are affecting an increasing number of Canadians. 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.

According to Canada's Alcohol and Other Drugs Survey, approximately 50,000 people aged 15 and over report having used methamphetamine at least once in the previous year.

In 2003, British Columbia's Ministry of Health estimated that 4% of school-aged children had used methamphetamine stimulants. Around the same time, the Alberta Alcohol and Drug Abuse Commission found that 5.3% of school-aged children had tried methamphetamine stimulants. That is a lot.

On a personal note, I know that many of us know someone battling drug addiction. Let us not forget that meth is an insidious drug that can affect anyone in any segment of society.

Meth use is not confined to homeless people. Other users include professionals, doctors, lawyers and first responders. These people are mothers and fathers and tragically, in too many cases, they pay with their lives.

The crystal meth and ecstasy industry is linked to various forms of criminal activity. The most obvious form of such activity is the pattern of offences committed by people whose lives are ruined by these drugs.

As I have previously discussed in this House, the methamphetamine industry is increasingly controlled by gangs. For example, Marshall Smith at the Baldy Hughes Treatment Centre in Prince George has informed me that crystal meth addiction is increasingly linked to the multi-billion dollar per year fraud and identity theft problem which is devastating to Canadian families and our economy.

Some who can see the need for this bill have expressed concern about the possibility of wrongful conviction should the bill become law. As in all offences included among Canada's criminal laws, the prosecution must prove an element of mental intention to achieve a conviction under the proposed bill. The bill states explicitly what would have been assumed by the courts, that the accused must be shown to know that the product possessed, produced, sold or imported was to have been used to produce or traffic in crystal meth or ecstasy. The emphasis is on the word “know”. The necessity to prove intent, as stated in the bill, and the general presumption of innocence are two definite responses to anyone concerned about wrongful convictions under Bill C-475, once it is enacted.

This bill gives a new opportunity for law enforcement officials to tackle the production of these drugs before they reach our streets. In particular, this will give judges a new tool to use against chronic producers and allow police to arrest these people earlier, thus reducing the supply of crystal meth and ecstasy on the streets.

I have made the case that Bill C-475 is an idea whose time has come based on the broad support it enjoys and the need it satisfies, but many good ideas are well supported and many ideas could satisfy an important need, but are still not ideas whose time has come.

A third factor which crowns an idea whose time has come is an aligning of the stars, a coming together of people and forces in a way that suggests the idea in question is truly meant to be. People and forces have assembled almost magically to bless the passage of Bill C-475.

The parade began with the member for Peace River whose efforts in introducing a previous version of the bill must never be forgotten. We who appear to personify success in fact stand on the shoulders of giants.

The bill was introduced only six months ago. It could never have reached third reading this quickly without the close co-operation of people such as the Minister of Justice, the government whip, the member for Abbotsford, who chairs the justice committee, the members for Edmonton East and Elgin—Middlesex—London for their willingness to exchange positions with me to expedite the bill through the order of precedence, and the three opposition justice critics, each of whom graciously consulted with me before I introduced the bill.

A moment ago I recited a list of endorsers of the bill. Let me single out one, the Baldy Hughes Addiction Treatment Centre in Prince George, B.C., for purposes of illustrating how the stars have aligned to ensure the passage of the bill. I was on a flight from Ottawa to Vancouver when I chanced to sit next to a board member for the treatment centre, Kevin England, who proceeded to add to and encourage the efforts of the great team of people who support the bill.

When we meet strangers on flights who provide informed support for a legislative initiative, we know the stars are aligned and the idea is one whose time has come.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:40 p.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, I would like to thank the member for tabling the bill. It is very important that we deal with this critical matter.

The question I would like to put to the member is this: Would the member consider also supporting a proposal to tag some of the transfer payments to the provinces so that the long-awaited treatment facilities for crystal meth could be established?

The Government of Alberta quite some time ago under Premier Klein promised to set aside major moneys to established rehabilitation places. This has never happened. That promise was never delivered on to the extent that is needed. As a result, a lot of young Albertans are literally dying from addiction to crystal meth. I speak regularly with parents who are in anguish because there is no place for their children to go, so they resort to crime or simply die or languish under their addiction.

I would like to hear the member's response to that. It is one thing to run around trying to arrest people, but it is another thing to actually try to resolve the problem of addiction.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:40 p.m.


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Conservative

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

Madam Speaker, I thank the member for her interest in the area and clearly her commitment to helping people who are afflicted by the problem of methamphetamines. It is important to know that this government has increased health care transfers to the provinces by 6% per year since the 2006-07 budget, as well as a 3% increase in social transfer payments. Therefore, the government is standing behind the provinces in their attempts to deal with the problem.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:45 p.m.


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I am still waiting for an answer to a question I asked the member at second reading. He will recall that I was concerned about the whole issue of the pill making machines, about which the Americans seemed concerned. On one of my trips with the U.S.-Canada committee, the issue of pill making machines came up. Since the Americans regulate pill making machines and the repair of them, they feel there should be a paper trail. They do not think that is the case in Canada. Ever since that happened, Toronto became a big centre for production of methamphetamine partly, in their view, because pill making machines were not regulated.

The member indicated to me that while it was not specified in the bill, he was unclear as to whether it could be included. Where are we with that? We should take an opportunity to do this right. If pill making machines are a big issue, then we should make the rule that anybody who buys one has to register it and anyone who repairs one need to registered it as well.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:45 p.m.


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Conservative

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

Madam Speaker, it is a pleasure to receive such an informed question from the member who is obviously committed to the overall mission of reducing the use of methamphetamines by Canadians. He points to one of the problems that the scourge of crystal meth has created. It has damaged our reputation. American authorities and the United Nations have joined in suggesting that we need new legislation to deal with this.

I am pleased to report that the drafting of the bill is broad enough to include pill making machines. It creates a new offence for “possessing, producing, selling or importing anything knowing it will be used to produce or traffic in methamphetamine or ecstasy”. Therefore, the “anything” could indeed include pill making machines.

Controlled Drugs and Substances ActPrivate Members' Business

May 7th, 2010 / 1:45 p.m.


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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Madam Speaker, she was bright, active in her community and supportive of her family. She had known past tragedies involving ecstasy and had asked her family to trust her not to take the drug, but a few Saturdays ago, instead of going to a party, she headed to a rave, where the group she was with took ecstasy. Afterwards, she slept 15 hours and by the time the ambulance was called, her heart was beating very slowly. She died in hospital.

Our country strives to reduce these drug deaths and, indeed, the harm associated with alcohol and other drugs to individuals, families and communities. Bill C-475 is therefore an important step in reducing harm by making it illegal to possess, produce, sell or import chemicals with the knowledge they will be used to create crystal meth or ecstasy. Under the proposed legislation, violators could face a prison term of up to 10 years.

Unlike some street drugs, methamphetamines can be manufactured from chemicals that are available to the public, such as acetone, drain cleaner, iodine, rubbing alcohol and even cold medication. Previously individuals found in possession of these precursors, without the final product, were not breaking the law. The new legislation changes this and therefore makes it easier to prosecute illegal drug makers.

Amphetamine, a synthetic drug that constricts blood vessels, stimulates the heart and respiration and induces sleeplessness was originally marketed as Benzedrine in North America in the 1920s. It quickly became a favourite street drug, known as “bennies” or “pep pills”, and was severely restricted in most countries beginning in the 1950s because of negative effects, including delusions of power, disturbed sleep patterns, hyperactivity, increased aggressiveness and nausea. Long-term negative effects include heart, kidney, liver and lung damage.

Methamphetamine is a chemical variation with a much stronger effect on the central nervous system than the original drug. It is known as chalk, crank, dirt, glass, grit, ice, koolaid, kryptonite, et cetera, and in higher doses is more addictive than the original drug and has a greater rush, followed by increased agitation and possibly violence in some individuals.

Meth became a common street drug and was known as speed in the 1960s. Its use decreased, however, after a number of incidents, with the message “speed kills”. In the late 1980s, however, a smokable crystal form was created, and has increased in popularity ever since.

Meth stimulates brain cells, enhances mood, physical activity and wakefulness. For some, even low doses can be addictive. With higher doses, specially if injected or smoked, the user immediately experiences a rush or flash, which is intense pleasure that lasts a few minutes. Users can become addicted and dependent quickly, meaning more and higher doses as the addiction progresses.

In street and high doses, methamphetamine causes anxiety, confusion, hallucinations, insomnia, irritability and paranoia. At even higher doses, meth can cause death, which results from rupture of the blood vessels in the brain, extreme fever, heart failure and seizures and coma. There is no specific antidote that can reverse the effects of the drug.

Meth production and use also have social impacts. Communities become vulnerable to increases in drug trafficking, health risks, petty crime, social disorder and violence.

The UN's World Drug Report 2009 shows that in recent years Canada's traffickers have come to play an alarmingly prominent role. Canada and Mexico have picked up the slack in the production of methamphetamine.

The report says:

There is evidence that Canada-based...outlaw motorcycle gangs have significantly increased the amount of methamphetamine they manufacture and export, [since 2003] for the US market, but also for Oceania and East and South-East Asia.

For example, Australia reported that methamphetamine from Canada accounted for 83% of total seized imports by weight. For Japan, the figure was 62%.

Crystal meth has become the most widespread and popular form of the drug, largely because it is so easy to make that anyone can set up a lab. Instructions are commonplace on the Internet.

Police report that a $150 investment can yield up to $10,000 worth of the drug. However, the drug is often impure and the manufacturing process can be dangerous and cause fires, posing serious public safety hazards to those in and around production operations. Operations can cause serious physical injury from chemical burns, explosions, fires and toxic fumes and environmental hazards. There are also significant health risks and costs associated with dismantling labs and removing processing agents from the premises.

A recent Statistics Canada survey of teenagers showed that among those who answered questions about drug use, 34% had tried marijuana, 4% had used ecstasy and 2% had used crystal meth. Police say that in some areas, crystal meth is replacing ecstasy as the drug used by teenagers and young adults in the rave scene. In many areas, crystal meth is cheaper, at $10 for about one-tenth of a gram. An ecstasy hit can cost twice as much, at about $20.

Experts say that crystal meth is one of the most addictive street drugs and one of the hardest to treat. Addictions counsellors report that the withdrawal symptoms, especially depression and physical agony, are worse than cocaine or heroin. As a result, addicts often drop out of recovery programs. The relapse rate of 92% is worse than cocaine.

The chemical structure of ecstasy is similar to that of an amphetamine, a stimulant and mescaline, a hallucinogen. It is a street drug that is usually sold as a capsule, powder or tablet and is only made in illegal labs. The tablets vary in the amount of ecstasy they contain, their colour, shape and size. Tablets may not contain ecstasy at all, but rather contain cornstarch, detergents and other drugs, including ephedrine, LSD and methamphetamine.

After taking ecstasy, the drug is absorbed into the bloodstream and travels to the brain. It usually takes about an hour to feel the effects, which last three to six hours. The effects of ecstasy are unpredictable and they are different for everyone. Some may experience closeness to others, empathy, euphoria and friendliness, while others may experience anxiety and panic attacks.

Ecstasy causes an increase in body temperature, which when combined with physical activity such as dancing in a warm environment, the situation can become worse, leading to heart or kidney failure, seizures and strokes. Some people drink too much water to avoid dehydration, which can result in dangerously low salt levels in the blood, leading to confusion, convulsions and delirium and can progress quickly to coma and death.

When the effects of ecstasy have worn off, a user may feel anxious, confused, depressed and may have trouble sleeping. Flashbacks, memory problems and paranoia may also occur.

People can quickly become tolerant to the effects of ecstasy with regular use and it is not uncommon for the drug to take on an exaggerated importance in a person's life.

Crystal meth and ecstasy are two highly addictive substances against which many agencies and people have rallied. Bill C-475 attempts to attack the problem at its source, dealing directly with the precursors of these drugs.

Finally, in closing one more loop, perhaps we can protect more individuals, families and communities, so more mothers are not driven to the hospital only to find their child has already died of ecstasy, as happened a few weeks ago.