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.
John Weston Conservative
Introduced as a private member’s bill.
This bill has received Royal Assent and is now law.
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.
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.
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.
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.
John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC
moved that the bill be concurred in.
Some hon. members
Question.
The Acting Speaker Denise Savoie
The question is on the motion. Is it the pleasure of the House to adopt the motion?
Some hon. members
Agreed.
The Acting Speaker Denise Savoie
I declare the motion carried. When shall the bill be read a third time? By leave, now?
Some hon. members
Agreed.
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.
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.
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.
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.
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.
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.
Meili Faille Bloc Vaudreuil—Soulanges, QC
Madam Speaker, I listened carefully to the members' speeches. There seems to be unanimous consent for the bill to be sent to the Senate. I would like to thank the member for West Vancouver—Sunshine Coast—Sea to Sky Country for having introduced such a bill. I would like to direct the members' attention to the purpose of the bill, the creation of a new offence: the prohibition of the possession, production, sale or importing of anything knowing it will be used to produce or traffic in methamphetamine or ecstasy, a crime more serious than simple possession. This bill provides for a maximum sentence of 10 years less a day. The fundamental purpose of this bill is to create an offence for possession of substances found in these chemical drugs with intent to manufacture methamphetamine or ecstasy.
I would like to point out, on behalf of the people in my riding of Vaudreuil-Soulanges and many other places in Quebec, that the ease with which young people can obtain methamphetamine or ecstasy has raised a lot of concerns in the Vaudreuil-Soulanges RCM.
The average age in my riding is very low compared to the average age in Quebec. Consequently, youth -related issues have been raised from various perspectives. In my remarks, I will address certain issues and describe as best I can my constituents' comments about the challenges that young people must overcome.
I am convinced that the consumption of methamphetamine and ecstasy is a serious issue. Given the detrimental effect of taking these drugs on the health of the population, particularly young people, I empathize with the families living with a victim, a person who has become addicted to these drugs.
In terms of legal amendments and law enforcement, the production of all illicit drugs is already on the books. The Bloc Québécois agrees with the principle of the bill. I hope that it will quickly pass in the Senate and that it will reduce the use of these stimulants by young people.
Last week, the Canadian Police Association made us aware of the difficulties currently experienced by police forces in gathering evidence to bring serious charges. Not only must they find these substances at someone's home, but there must also be circumstances to establish that these substances were collected with the intention of manufacturing drugs, and the intent must be proven beyond a reasonable doubt.
I might bring a different point of view to this bill, because of the volunteer work I have done with young people and the special ties I have to community organizations in my riding. I do not believe that the provisions of the bill alone are sufficient. We also need to work on awareness and prevention. We need to encourage comprehensive initiatives.
I am convinced we can do much better. I am particularly proud of two organizations in my riding and I hope they will pursue the important work they are doing. For instance, one organization in my riding, Comité Jeunesse La Presqu'île, founded 10 years ago, has introduced a number of projects for the well being of youth aged 11 to 17. These projects are carried out in partnership with youth centres, the school board, street outreach workers, the municipalities and the Sûreté du Québec. They are achieving real results in terms of youth crime rates.
Here is another example of co-operation. Any child who attended an elementary or secondary school in Beauharnois-Salaberry, Jardins-de-Napierville, Roussillon, Haut-Saint-Laurent or Vaudreuil-Soulanges in the last 20 years has likely had the opportunity to meet the people involved in the “Liberté de choisir” organization during one of their visits to the schools. The organization is celebrating its 20th anniversary this year and has successfully adapted to the changing times. Today that organization offers young people various workshops on adopting healthy lifestyle choices and the development of social and personal skills to learn how to deal with the problem of drug use. It meets with young people who want to take part in social and professional integration programs in youth centres. A program for parents called “Roller Coasters” has been developed to help them better understand and deal with drug use among young people.
Once again, any effective strategy to combat the scourge of drug use must include awareness and prevention.
These drugs, which are stimulants, are becoming more popular in all milieus in Quebec and young people can access them very easily in schools, sometimes even in elementary schools, much like cigarettes. According to the stakeholders in those two organizations, the sharp increase in the consumption of energy drinks and the appearance of stimulating drugs like speed and ecstasy are enough to justify increased efforts. The content of these drugs is often unknown and studies show that the tablets are often altered.
Young people do not know the risks they are taking or the long-term effects on their health. I found something that perfectly sums up the danger to our young people. An article in the July 6, 2009 edition of the Journal de Québec said:
—you want to try it again? You are playing with fire...What appeared to be the gateway to heaven could in fact be the gateway to hell.
Ecstasy and methamphetamine are harmful to health and highly addictive. Methamphetamine or MA is also known as chalk, crank, crystal, fire, ice, jib, meth, speed, gak, glass, tina, yaba and crystal meth.
These drugs are made in secret labs from ingredients that are easy to get in pharmacies, hardware stores and other retail outlets. My colleague from Marc-Aurèle-Fortin gave a list of products used to make these drugs.
Like all the other Canadian provinces, Quebec is active in prevention and intervention, which come under its jurisdiction.
Specifically, Quebec's actions are guided by five principles: adapting the intervention to the individual's situation; determining the individual's ability to take charge of his or her health; sharing collective responsibility; taking actions based on knowledge and experience; and working with the community.
What is disturbing about drugs like methamphetamine and ecstasy is that what goes into them can be found in every household in Quebec and Canada. The ingredients needed to produce these drugs are available in stores: rubbing alcohol, iodine, lithium batteries, matchbooks, paint thinner, aluminum foil, glassware, coffee filters, propane tanks and so on.
Most households in Canada and Quebec already have some of the ingredients needed to make methamphetamine.
I still believe that proper, adequate support for an integrated, youth-focused intervention plan can not only reduce addiction problems, but produce much better outcomes in terms of young people's health, how they function in society and the criminal justice system.
We have to do everything we can to prevent people, especially young people, from obtaining these harmful drugs.
The money for the drug strategy must not be put toward law enforcement initiatives alone. Prevention and awareness activities must be eligible for funding as well.
Megan Leslie NDP Halifax, NS
Madam Speaker, currently, under the Controlled Drugs and Substances Act, the CDSA, it is illegal to produce, traffic or import methamphetamines and ecstasy, as it is for all illegal drugs. Bill C-475 would extend to the ingredients of methamphetamines and ecstasy and changes the act to make it illegal to produce, sell or import anything that would be used to produce the final product.
It is really a reincarnation of Bill C-428 from the 39th Parliament, only this version was changed to include ecstasy and a few other very minor wording changes. It is important to let people know that this bill does not include mandatory minimums, which is not like other crime bills that we have seen introduced by government members.
The main point about the bill is that it would not do very much to enable the justice system to deal more effectively or efficiently with methamphetamines or ecstasy. It may seem like it would because it talks about the ingredients of meth and ecstasy, but it would appear that the justice system already has an adequate way of dealing with this through its organized crime provisions in the Criminal Code.
At committee I was able to ask legislative counsel from the Department of Justice about the bill. I will like read from the transcript. The member from Halifax said:
Thank you, Mr. Chair. I have one question for you. Hopefully you can answer it. Do you see this amendment capturing any situation that isn't already covered by the organized crime provisions, or is it just the provision in and of itself that it's illegal to produce? Do you see this as actually having an impact?
The lawyer answered:
In terms of the production, I don't think so; nothing comes to mind. In terms of the impact on organized crime, I don't think it has an impact either.
The member from Halifax said:
Do you mean no impact positive or negative?
The Justice lawyer answered:
Hopefully it will have a positive effect in the sense that it will act as a deterrent, but in terms of the relationship between this offence and other offences, I don't think there is any.
The member from Halifax said:
Those are all my questions. Thanks.
Ultimately, it seems like it would not have very much of an effect. The lawyer did mention deterrence, however, the House has heard reams of evidence showing that deterrence is not really an effective strategy when it comes to drug crimes.
Should we support a bill that does not seem to have very much effect? Is this an example of the maxim, no harm, no foul? It is a private member's bill, so I submit that there are two considerations. First, I do respect any member's attempt to respond to the needs of his or her constituents by bringing forward a private member's bill. Our ability to bring forward legislation is a special privilege and it is a very challenging thing to see realized as there are so many steps to getting a piece of legislation through the House. Private member's bills are usually a direct response to the needs or the demands of constituents in a riding, so I tend to give a lot of weight to private member's bills, provided they are not harmful.
Therefore, I do congratulate the efforts that the member for West Vancouver—Sunshine Coast—Sea to Sky Country has made to see this bill through the House.
The second thing to consider when deciding how to vote on a private member's bill is the fact that it is a free vote and all members get to make up their mind on whether they will support it. If other members of the House were to ask me for my advice on whether they should support it, I would say that it was their choice. It does not seem to have much of an impact but it does not seem to have a negative impact either.
I would like to use the rest of my time to talk about what good drug policy would look like. Would it not be exciting to debate intelligent drug policy for Canada? First, with regard to drug labs, we have seen some really interesting non-criminal ways of dealing with labs in the U.S. The U.S. has seen more successes with commercial and consumer regulation which limits the quantity of over-the-counter medication that a person can purchase and it questions the reason for the purchase. This kind of regulation can serve to limit the production of drugs like methamphetamine and ecstasy and it can act like a preventive measure, unlike this bill.
The existing legislation that we have in the Criminal Code or in the CDSA, the CDSA serves more as an after the fact punishment if a person is caught rather than effectively trying to reduce the ability to produce.
Regulations like the U.S. legislation requiring photo ID and a signature also provide ways to track, identify and police offenders who purchase over-the-counter drugs for meth and ecstasy production. Therefore, why are we not looking at U.S. solutions that have worked like consumer and commercial regulations, instead of adopting solutions that have failed, like a bloated prison system?
Why are we not looking at harm reduction? We have Mainline Needle Exchange back home in Halifax and Vancouver has Insite, a safe injection site. Despite the life-saving successes of harm reduction measures, such as needle exchanges, successes in reducing the spread of HIV and hepatitis C among drug users and successes in increasing access to treatment, in 2007, the Conservatives introduced a new anti-drug strategy for Canada that removed all references to harm reduction.
Instead, the government has put greater emphasis on law enforcement. What a big surprise. It moves Canada closer and closer to an expensive and failed U.S.-style drug system. Right now, Canada spends 73% of its drug policy budget on enforcement. Still, drug use continues to rise. If we look at the numbers, there is 73% to enforcement, 14% to treatment, 7% to research, 2.6% to prevention and 2.6% to harm reduction.
In 2008, the National Framework for Action to Reduce the Harms Associated with Alcohol and Other Drugs and Substances in Canada convened a working group. Members included federal agencies and provincial health agencies like Health Canada and the Nova Scotia Department of Health Promotion and Protection. It also included related agency representatives from the Correctional Service of Canada, the College of Family Physicians of Canada and the Canadian Centre on Substance Abuse. That is quite the team they put together.
The working groups points out:
Research findings suggest that providing appropriate services and supports across a range of systems not only reduces substance use problems but also improves a wide range of outcomes related to health, social functioning and criminal justice. Such a spectrum of services and supports is also a good investment for government, because it returns economic benefits that far outstrip its cost.
The group is calling for a national treatment strategy. This national treatment strategy would look at building capacity across a continuum of services and supports. It would look at supporting that continuum of services and supports. It would look at developing a research program and would also consider reducing stigma and discrimination. How we would do that and what that would look like?
That is intelligent drug policy and that is the kind of drug policy that we can get behind. The NDP is calling for better and more prevention programs directed at at-risk youth. We are calling for more resources for prosecution and the enforcement of existing laws. We are calling for more officers on the street, as promised by the Conservatives but not yet delivered. We are calling for an overall co-ordinated strategy focused on gangs and organized crime and also toughened proceeds of crime legislation.
Controlled Drugs and Substances ActPrivate Members' Business
Charlesbourg—Haute-Saint-Charles Québec
Conservative
Daniel Petit ConservativeParliamentary Secretary to the Minister of Justice
Mr. Speaker, first, I would like to thank the member for West Vancouver—Sunshine Coast—Sea to Sky Country, who introduced Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy).
He is very concerned about the problems caused by the use of methamphetamine and other similar drugs in Canada. I would like to congratulate him for introducing this private member's bill targeting these drugs.
I would like to say a few words about these two drugs. The chemical name for ecstasy is methylenedioxymethamphetamine—that word is not easy to pronounce—or MDMA. The chemical structure and the effects of MDMA are similar to amphetamine—a stimulant—and to mescaline—a hallucinogen.
What is sold as ecstasy often contains drugs other than MDMA, which may or may not be similar in effect to MDMA. Some of the other drugs include caffeine, ephedrine, amphetamine, ketamine or LSD. Ecstasy sometimes contains highly toxic drugs, which can be lethal even in low doses. MDMA affects the chemistry of the brain, in particular by releasing a high level of serotonin. Serotonin is a chemical in the brain that plays an important role in the regulation of mood, energy level and appetite, among other things.
The possession, trafficking, importing and production of MDMA have been illegal in Canada since 1976.
Ecstasy is made in illicit labs with chemicals and processes that vary from lab to lab. What is sold as ecstasy often contains unknown drugs or other fillers. Ecstasy is usually sold as a tablet or capsule that is swallowed. It may also be sold in powder form, or the tablets may be crushed and then snorted. Although rare, there are also some reports that the drug is injected.
Ecstasy tablets come in different shapes, sizes and colours, and are often stamped with a logo, such as a butterfly or clover, giving them a candy-like look. This branding of ecstasy tablets should not be mistaken for an indication of quality, as manufacturers may use the same logo, and low-quality copycats are common. Tablets that are sold as ecstasy may not contain MDMA.
The increased use of ecstasy as a recreational drug began in the 1980s in the U.S. The group most commonly associated with ecstasy use is young people at "raves" or all-night dance parties. More recently, ecstasy has attracted a wider range of users, including urban professionals, and is used in a variety of settings, including mainstream nightclubs.
How ecstasy affects you depends on several things: your age and weight; how much you take and how often you take it; how long you have been taking it; the method you use to take the drug; the environment you are in; whether or not you have certain pre-existing medical or psychiatric conditions; and if you have taken any alcohol or other drugs—illicit, prescription, over-the-counter or herbal.
In low to moderate doses, ecstasy can produce feelings of pleasure and well-being, increased sociability and closeness with others. Like all stimulant drugs, ecstasy can make users feel full of energy and confidence.
Even at low doses, ecstasy can also have strong negative effects. Higher doses are unlikely to enhance the desirable effects, and may intensify the negative effects.
These effects include grinding of teeth and jaw pain, sweating, increased blood pressure and heart rate, anxiety or panic attacks, blurred vision, nausea, vomiting and convulsions.
After the initial effects of the drug have worn off, users may also experience after-effects such as confusion, irritability, anxiety, paranoia, depression, memory impairment or sleep problems.
The effects of ecstasy usually begin within an hour, and may last four to six hours. The duration of the after-effects cannot be predicted as precisely, though they may last for days or weeks.
Although some people regard ecstasy as a relatively safe drug, a growing number of deaths have been associated with it. As with many illicit drugs, these risks increase with the amount taken and frequency of use.
A major factor in many ecstasy-related deaths is the dehydration and overheating that can result when ecstasy is taken in conjunction with all-night dancing. Ecstasy increases body temperature, blood pressure and heart rate, which can lead to kidney or heart failure, strokes and seizures. Ecstasy may cause jaundice and liver damage.
People with high blood pressure, heart or liver problems, diabetes, epilepsy or any mental disorder are the most vulnerable to the potential dangers of ecstasy. Part of the danger is that people may not be aware that they have these conditions, and the effects of ecstasy can trigger symptoms.
As for the long-term effects of ecstasy, animal research has established that ecstasy use can damage the brain cells that release serotonin. Research on humans is limited, but there is some evidence to support that ecstasy can damage the cells and chemistry of the human brain, affecting some functions of the brain, including learning and memory. Research suggests that the risk of damage caused by ecstasy use is linked to the amount taken and the frequency of use.
Methamphetamine is a neurotoxin that alters and damages the brain. It is a drug that is highly addictive and has a high potential for abuse. The abuse of methamphetamine can cause serous behavioural problems, psychotic symptoms and dangerous medical complications, such as vascular problems, strokes and even death. Methamphetamine addiction is a chronic illness, one that is characterized by relapse and that is difficult to treat.
The illicit production and trafficking of this drug has caused terrible harm to thousands of Canadians. Methamphetamine and other synthetic drugs cost us millions of dollars in health care and tens of millions of dollars in law enforcement. Even worse, they have led to the loss of many lives and have been a cause of heartbreak for many families and friends.
There are plenty of recipes for methamphetamine on the Internet, and it is easy to buy books from popular online bookstores that explain how to make it. It is relatively easy to get the dozen or so ingredients and the equipment needed to produce it from neighbourhood pharmacies, grocery stores and hardware stores.
I believe we all agree that nobody wants a meth lab in their neighbourhood. Nobody wants people manufacturing methampthetamine near our schools and playgrounds or on the farm down the road.
And I am sure that nobody wants this relatively cheap and easy-to-produce but deadly drug to fall into their children's hands.
Another issue is the fact that producing methamphetamine is dangerous. The ingredients can cause chemical burns and can easily explode if handled inexpertly. First responders on the scene of an illegal lab are exposed to serious health hazards, as are the neighbours. The environmental risks associated with methamphetamine production are very real.
We also have to take into account the social costs—in dollars—of illegal drug use. I am sure that the direct and indirect costs to the Canadian economy resulting from harm associated with illegal drugs, such as methamphetamine and ecstasy, add up to hundreds of millions of dollars per year. That includes costs associated with health care, law enforcement and loss of productivity due to illness and premature death.
I want to emphasize that, for all of these reasons—the insidious nature of production, the use of toxic chemicals in the manufacture of methamphetamine and its cost to the economy—our government is taking these problems very seriously.
The government is committed to fighting drug production and addiction. Over the past few years, Canada's primary objective in the war on drug abuse has remained unchanged: to make Canadians safer by protecting them from the damage caused by drugs.
We must not underestimate the complexity of fighting this deeply entrenched problem. We have to tackle illegal drug use on a number of fronts. We have to examine it as a social phenomenon.
Jim Maloway NDP Elmwood—Transcona, MB
Madam Speaker, once again I have to congratulate the member for his Bill C-475. I know how much work he has put into this bill and how he has followed it through the process. It is certainly a lot of effort on his part.
While we recognize that this is probably a bill that the government itself should have introduced to this House, in some respects it is probably better that it arrived the way it did because it gives this member an enhanced role in the House. At the end of the day, if we can fulfill public policy by going that route, I see nothing wrong with it. As a matter of fact, we should probably be making more laws that initiate as a result of private members' efforts.
I did ask the member a question the other day about the pill-making machines and I want to deal with that in a few minutes. The member for Halifax talked about having a good drug policy. Some of the elements that she talked about actually make a lot of sense. I do not blame the government or the previous government or any government for the problem, but it is an observation that I have that generally governments everywhere are sort of the last to know about the problem.
We wait as a society until people are dying before we recognize there is a problem and try to deal with it. Most members in this House are my age or older, and they would not know crystal meth if they were looking right at. I would not recognize it. The fact of the matter is that it takes a while. The kids seem to be right on top of issues. These things come about and the next thing we know we have a big problem, and then we have to deal with it.
In the United States, as the member for Halifax has pointed out, the Americans have actually done some things that are preventative, and that is what we should be doing, too. They have a policy that limits the amount of ingredients someone can buy at a store. They have to give a reason for the purchase. In fact, that is where this pill-making machine idea comes in.
It is no secret that in the past the United States required the pill-making machines to be registered when they were purchased and reported when they were repaired. It has been said that the traffic of production of methamphetamines moved north. It moved to Toronto. It moved to Canada because we do not have any regulation or registration of the pill-making machines.
It seems obvious to me that a proactive government that is interested in solving the problem with this particular type of drug should do what the Americans are doing in this case; that is, institute a procedure to limit and track the amount of ingredients that can be purchased, and require identification and reasons for why these ingredients are being purchased, including the pill-making machines.
One could argue that, yes, it will probably drive the manufacturing from Toronto to somewhere else, to a jurisdiction or a country that does not regulate the pill-making machines. However, that certainly makes a lot more sense than dealing with the problem after the problem has attacked us.
Fundamentally, the real problem here is the fact that criminal organizations and criminal gangs are the ones that are making the money out of the whole drug scene. Until we can come to grips with that, until we can cut off their money supply, they will never go away. Over the years since the RICO laws in the United States started to apply pressure and crack down on the mob, we have seen a dismantling of many of the mob's infrastructure because of that.
Once again, as usual, Canada seems to be following, almost a generation behind, the United States. We now have similar types of legislation that have worked.
All we have to do is look at the situation in Quebec and Montreal. The police in Montreal have been very effective in dismantling the biker gangs and thereby getting to the root of the problem. Members of these biker gangs do not even own bikes any more. They do not know how to ride bikes any more. They are upstanding business people, dressed in suits, living in million dollar houses. They stay out of the action and they hire drug dealers to carry the drugs. They hire low level traffickers to sell the drugs. They have lawyers.
Whenever a low level drug trafficker is caught, they are always in the background. They are always in the shadows. They have their lawyers. They are so organized that there are instances where people go to jail for the gangs. A low level drug person takes the fall, takes the sentence, and goes to jail. The gangs making the money fund the families. They pay for the families to live while the person is in jail. We have to take these gangs apart and take away the money to solve the problem.
The Acting Speaker Denise Savoie
The hon. member will have about three and a half minutes left when this debate resumes. The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the order paper.
It being 2:30 p.m., the House stands adjourned until Monday next at 11 a.m. pursuant to Standing Order 24(1).
(The House adjourned at 2:30 p.m.)
The House resumed from May 7 consideration of the motion that Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy), be read the third time and passed.
The Speaker Peter Milliken
When the matter was last before the House the hon. member for Elmwood—Transcona had the floor. There are three and a half minutes remaining in the time allotted for his remarks. I therefore call upon the hon. member for Elmwood--Transcona.
Jim Maloway NDP Elmwood—Transcona, MB
Mr. Speaker, I am pleased to finish my address to Bill C-475.
Once again, I want to congratulate the member for having gone through a long and torturous experience with this bill. As I indicated before, while this bill probably should have been a government initiative, I am happy that he, as a private member, has been able to take it this far and hopefully finish the process. We should be doing more of this. The role of private members' in this House should be enhanced more so than it is even at this point, but there has been an improvement from what it was 20 or 30 years ago.
Dealing with the whole drug issue in this country, it is really a question of following the money. For too long we have concentrated our efforts on tracking down small time dealers at the street level who sell little bits of drugs here and there. The reality is that the money gets funnelled right back to organized crime in this country.
It was not until the late 1950s that the Mafia was even recognized as such in the United States, and after that the RICO laws came into place. It took many years for the Americans to recognize that the Mafia even existed and had to be controlled. The U.S. brought in the RICO laws and have had some success in dismantling organized crime groups.
We have to concentrate on dealing with issues like the proceeds from criminal activities. We have to seize the proceeds from crime so we can take away the incentive for criminal organizations to be involved in crime. I pointed out in the past that today's type of organized criminal is not the biker guy out for a Sunday drive. Normally these people are living in million dollar houses and do not even drive a bike in many cases. We have to concentrate on making tough laws against white collar criminals and concentrate on these organized criminals.
One other point I want to mention once again is in regard to the pill making machines. The United States has told us that it is concerned that a lot of the methamphetamine traffic is now headquartered in Canada because we do not regulate pill making machines. We should be following the American example and require these pill making machines to be registered and tracked when any repairs are made. This is just one more way that we could control this issue.
The member for Halifax mentioned the other day that the Americans are controlling the supply of things to make methamphetamine. An individual can only buy a certain amount of supplies and he or she must have a reason for buying any large quantity of supplies. That is what we need to look at.
The Deputy Speaker Andrew Scheer
Resuming debate. There being no further members rising, I will give the floor to the hon. member for West Vancouver—Sunshine Coast—Sea to Sky Country for his five minute right of reply.
John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC
Mr. Speaker, it gives me great pleasure to rise on third reading of a bill that represents an idea whose time has come.
Bill C-475, which deals the growing problem of crystal meth and ecstasy, is reaching the last lap of its marathon race, thanks to the unanimous support of all members of this House and of many Canadians from coast to coast.
It is often said that it is the journey and not the destination that is important. The destination remains critical, protecting Canadians from the aggressive assault on our society of highly addictive and increasingly accessible methamphetamine drugs, but the journey has also been important, a journey which began with the work of my colleague, the MP from Peace River, continued with the expert advice of senior law enforcement officials, gained momentum with contributions from each of the justice critics of the other three parties, and continued with wind under our wings with the support of all parties. When our Parliament manages to achieve this kind of consensus, Canadians smile, and the institution to which we members belong rises in their respect. The destination is important but the journey has been important too.
The change proposed in this bill addresses a lack of restrictions in the law against the gathering of precursors for two dangerous drugs: crystal meth and ecstasy. The bill strikes a major blow against their production. Throughout the journey of this bill, I have met many who have been working to help those who suffer from the plight of crystal meth and ecstasy. Each one of these persons gives cause for this bill to target directly the producers of these drugs and not just the users, and while the bill is certainly a step in the right direction, clearly more measures are necessary than any government could ever provide.
In the journey that I have taken with this bill, former and recovering addicts in treatment facilities with whom I have met have advocated the approach that we are adopting in this House. Last month, I visited the Orchard Recovery Centre on Bowen Island in the riding I represent, a marvellous place that gives hope and practical help to recovering addicts. I ran into a person, whom we will call Mary, who had a few comments to make about her education in the field of drugs. “Not even once” was the slogan that she recommends to anyone who even considers trying these drugs. Mary noted that it is hard to understand the real grip of addiction until one is actually there. The best way to avoid the addiction, she emphasized, is never to try the drug.
I have also dealt with a treatment centre in Prince George, B.C., one of the places that is on the front line in the battle against drug addiction.
Members will be asked later to vote on the third reading of this bill. I ask members to continue the unanimous support they have given the bill thus far. I hope they will join me once again in supporting Bill C-475, an idea whose time has come. We must send a strong message to our friends in the Senate to ensure its quick passage there.
I would like to offer my special thanks to all the people who made it possible for us to come this far in enacting a law that will save untold numbers of Canadians from the plague of crystal meth and ecstasy. I thank the member for Peace River, my Conservative colleagues, especially the justice minister, who helped me design the bill, and also the justice critics. I thank members of all parties who looked beyond their party loyalties to support a bill for the good of all Canadians.
I thank the endorsers who span our great country in their reach, endorsers such as the Federation of Canadian Municipalities, the Association of B.C. Police Chiefs, and various towns and cities in the riding I represent.
I thank the recovery centres, such as the Baldy Hughes Addiction Treatment Centre in Prince George and the Orchard Recovery Centre on Bowen Island, which I mentioned.
Finally, I thank the victims of crystal meth, ecstasy and of other drugs. Not one of them wants to be addicted. This is not a choice anyone freely makes. I thank them for the fight many of them are waging to free themselves of their addictions.
For now, I ask all members of this House to rise and join me in a special tribute to any Canadians struggling with any addiction. We want them to know that we stand with them in their battle and can only hope that our efforts as legislators will translate into practical help for them, their families and their friends.
The Deputy Speaker Andrew Scheer
The question is on the motion. Is it the pleasure of the House to adopt the motion?
Some hon. members
Agreed.
No.
The Deputy Speaker Andrew Scheer
In my opinion the yeas have it.
And five or more members having risen:
Pursuant to Standing Order 98, the recorded division stands deferred until Wednesday, June 9, 2010, immediately before the time provided for private members' business.
The Deputy Speaker Andrew Scheer
The House will now suspend until 12 noon.
(The sitting of the House was suspended at 11:15 a.m.)
(The House resumed at 12 p.m.)
The House proceeded to the consideration of Bill C-2, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia, as reported (with amendment) from the committee.
John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC
Mr. Speaker, tonight this House will vote for a final time on Bill C-475, my private member's bill that seeks to put a stop to the horror of drug addiction in Canada.
This bill, which criminalizes the procurement of precursors for the manufacture of crystal meth and ecstasy, received unanimous consent in this House at second reading. I ask my colleagues in this House, what could send a stronger message to Canadians than again to pass this bill unanimously?
Canadians are proud that our government is acting to protect its citizens from illegal drugs. Bill C-475, which has been endorsed by the Federation of Canadian Municipalities and the B.C. Association of Police Chiefs along with many municipalities in the riding I represent, would make it harder for Canadians to produce or gain access to dangerous drugs.
For the sake of all Canadians, I implore my colleagues in this House to stand in favour of health, fitness and freedom from drug addiction.
The House resumed from June 7 consideration of the motion that Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy), be read the third time and passed.
The Acting Speaker Barry Devolin
The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-475 under private members' business. The question is on the motion.
(The House divided on the motion, which was agreed to on the following division:)
The Acting Speaker Barry Devolin
I declare the motion carried.
(Bill read the third time and passed)
I wish to inform the House that because of the delay there will be no private members' business today. Accordingly, the order will be rescheduled for another sitting.