Respect for Communities Act

An Act to amend the Controlled Drugs and Substances Act

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Rona Ambrose  Conservative

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, among other things,
(a) create a separate exemption regime for activities involving the use of a controlled substance or precursor that is obtained in a manner not authorized under this Act;
(b) specify the purposes for which an exemption may be granted for those activities; and
(c) set out the information that must be submitted to the Minister of Health before the Minister may consider an application for an exemption in relation to a supervised consumption site.

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

March 23, 2015 Passed That the Bill be now read a third time and do pass.
March 9, 2015 Passed That Bill C-2, An Act to amend the Controlled Drugs and Substances Act, be concurred in at report stage.
Feb. 26, 2015 Passed That, in relation to Bill C-2, An Act to amend the Controlled Drugs and Substances Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
June 19, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.
June 18, 2014 Passed That this question be now put.
June 17, 2014 Passed That, in relation to Bill C-2, An Act to amend the Controlled Drugs and Substances Act, not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Nov. 26, 2013 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this house decline to give second reading to Bill C-2, an Act to amend the Controlled Drugs and Substances Act, because it: ( a) fails to reflect the dual purposes of the Controlled Drugs and Substances Act (CDSA) to maintain and promote both public health and public safety; ( b) runs counter to the Supreme Court of Canada's decision in Canada v. PHS Community Services Society, which states that a Minister should generally grant an exemption when there is proof that a supervised injection site will decrease the risk of death and disease, and when there is little or no evidence that it will have a negative impact on public safety; ( c) establishes onerous requirements for applicants that will create unjustified barriers for the establishment of safe injection sites, which are proven to save lives and increase health outcomes; and ( d) further advances the Minister's political tactics to divide communities and use the issue of supervised injection sites for political gain, in place of respecting the advice and opinion of public health experts.”.

Business of the HouseOral Questions

November 21st, 2013 / 3:10 p.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, on behalf of the hon. Leader of the Government in the House of Commons, I can attest that I and our government find it regrettable, to say the very least, that we hear comments such as this from the House leader of the official opposition when, in fact, the opposition members themselves are delaying important pieces of legislation through the continuance of filibustering and delaying tactics here in the House and at committee.

Therefore, Mr. Speaker, I can tell you and the opposition House leader that we will continue debating the NDP's regrettable amendment to block second reading of Bill C-2, the respect for communities act. However, if the opposition members finally allow some progress on that critical file, we will turn to Bill C-3, the safeguarding Canada's seas and skies act, at second reading.

Tomorrow we will start the second reading debate on Bill C-12, the drug-free prisons act.

Monday, before question period, we will resume the second reading debate on Bill C-5, the offshore health and safety act. After question period, we will return to Bill C-12.

On Wednesday, we will start the second reading debate on Bill C-13, the protecting Canadians from online crime act.

That debate will continue on Thursday, but if we cannot finish Bill C-2 today, we will make time for that debate on Thursday morning.

Tuesday, November 26, as the government House leader announced earlier in the week, will be the fourth allotted day, which will see a Liberal motion debated.

During the constituency week, the member for Papineau certainly put forward a number of unusual ideas, some of which, or maybe one of which, may be put forward as a motion for the Liberals' allotted day. Some of those unusual ideas include the member for Papineau, the leader of the third party, saying that he admired the dictatorship in Communist China. He also advocated to minors the legalization of drugs. Finally, the leader seemed to suggest that he is putting the interests of criminals ahead of those of their victims by reducing sentences for serious crimes.

We find that reprehensible, but we have yet to see how the Liberals will approach those very important issues, in the eyes of the Liberals, come their allotted day next Tuesday.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 1:45 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

That is okay, Mr. Speaker. I do not mind Conservatives heckling. It just shows how sensitive they are to the corruption and the criminal activity that the public is denouncing across the country.

The Conservatives could have put in place a public safety officer compensation fund. That would have been a good bill to see. As well, they could have restored the cuts they made on the crime prevention program. Instead of that, what they did was present this flawed bill. This, as well, flies in the face of the legal system. The Supreme Court ruled in 2011 that programs like InSite should exist.

Why was InSite put into place in the first place? It was put into place because of the escalating number of overdose deaths in the Lower Mainland of British Columbia, skyrocketing up to several hundreds. The community responded by putting in place InSite, with the support of the city, the province, the health authority and the community. I mentioned earlier in speaking to my colleague from Montmorency—Charlevoix—Haute-Côte-Nord that it was with the support of over 80% of the public in the Lower Mainland of British Columbia.

The Supreme Court, tested by this, as the government wanted to shut the thing down, said yes, that there was definitely a place for this, not only because it was good for crime reduction, not only because it had reduced overdose deaths by 35%, but because it made good policy sense. That is what the Supreme Court ruled.

Again, we have a government that likes to slap the law in the face. It is not just police officers who receive its bad treatment, and not just Parliament, where we see regularly the disrespect for democratic institutions, but it is also a Supreme Court judgment that clearly stated that a program like InSite was beneficial for the community.

Instead of responding to that, the government brought forward Bill C-2. It would allow the minister to shut the whole thing down. Does that make sense when there has been a 35% reduction in overdose deaths? Does that make sense when we have actually seen an overall reduction in crime? Does that make sense when we talk about thousands of referrals to the whole issue around addiction programs?

This has also not been treated well by the government, but when thousands of people have been referred to addiction program to be weaned off drugs, how the government has approached this issue does not make sense, not at all. Here we have a community that is in support of a program, that has reduced the crime rate and reduced overdose deaths and increased referrals to addiction treatment programs, but the government says that it will shut the damned thing down. It does not make sense from our point of view. It does not make sense from the public's point of view.

We are debating this bad bill now, but I, like so many others across the country, can hardly wait for 2015 when we finally get the chance to throw this corrupt, tired, criminal government out of office and put in place an NDP government in Ottawa.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 1:40 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, as you know, I absolutely always respect what we are debating on the floor of the House of Commons, but the debate on why Bill C-2, which is deeply flawed legislation, has been brought forward is very much related to the circumstance in which the government finds itself right now. Criminal inquiries into Conservative activities are taking place.

Even though the government knows this bill is bad, even though the bill certainly does not have the support of the population of my area and is primarily concerned with a 15-page document that wants to shut down InSite, and even though the government is attempting to change the channel, the reality is that this bill is on the floor of the House of Commons as a result of the criminal inquiries into Conservatives and the corruption we are seeing in the Conservative Party.

In my area, in Burnaby—New Westminster, I get half the vote. The other half of the population, which I support, have their rights, and many of them chose to vote Conservative in the last election, but I meet Conservatives every day who say that they did not vote for the criminal activities that we are seeing in the Conservative Party with the police inquiries. They did not vote for the corruption that they are seeing.

Rather than putting forward flawed legislation like Bill C-2, it would be much better for the government to work to lower the crime level in its caucus and in its party. I think that would be a very positive step.

When we look at the overall criminal justice system, what we see is mistake after mistake by the government. With all the police inquiries taking place right now, a limited number of police officers across the country are spending their time inquiring into criminal activity in the Conservative Party. That is worsened by the fact that the Conservatives never kept their key commitment in the last election and previous elections to actually put more police officers on the line.

We see the corruption and the criminal activity, and we see police officers having to spend their time inquiring into criminal activities of Conservatives rather than doing what they should do, which is protecting our communities. One would argue that they are protecting their communities from Conservatives, and perhaps that is a valid point, but I can say that the NDP will be protecting Canadians from Conservatives by booting them out of office in the 2015 election. That will be our objective.

It is not just the fact that what we are seeing is a lack of commitment to add more front-line police officers. It is not just the fact that police officers are now having to spend all of their time inquiring into the criminal activity of Conservatives. It is the disrespect with which police officers are being treated by the Conservative government that also concerns me.

That is why, rather than presenting Bill C-2, it would have been good for the government to actually put into place the NDP motion that was adopted just before the government came into power back in 2005. It was for a public safety officer compensation fund, and it was an NDP initiative. The Conservative MPs actually voted for it. That was back in 2005.

Every year since then, police officers and firefighters from across the country have come to Parliament Hill on an annual basis to ask one thing. They want to know when the government is going to put into place a public safety officer compensation fund so that when they die in the line of duty, their families will actually be taken care of.

I have spoken to police officers' families. I have spoken to firefighters' families. I have seen the devastation that happens when a member of their family who was a police officer or firefighter died in the line of duty. There is no compensation in so many cases. I have heard of families having to sell their homes. I have heard of families giving up thoughts of their children going off to school. That is all because Conservatives steadfastly and stubbornly refuse to bring in the public safety officer compensation fund.

We are not talking about a lot of money. It is a small payout for families who have lost a loved one, someone who has given their life for the country. Conservatives have really slapped the faces of police officers and firefighters by refusing to bring that in.

The NDP has always supported a public safety officer compensation fund similar to the one in the United States. In 2015, when we replace the government, we will be bringing in a public safety officer compensation fund so that those families will be taken care of. Canadians can be sure of that.

At the same time, there are crime prevention programs. That is another bill that we could have seen instead of Bill C-2. No government has cut back as much on crime prevention as the Conservative government.

We have seen the closure of crime prevention programs across the country because the government has refused to adequately fund crime prevention. It is a no-brainer. The reality is that for every $1 we put into crime prevention programs, we save $6 in policing costs, court costs and prison costs later on, yet the government has cut back on crime prevention programs. It is absurd.

Here are three of the things we could have seen instead of Bill C-2.

We could have seen actual enhancement of the number of front-line officers--

Respect for Communities ActGovernment Orders

November 21st, 2013 / 1:40 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Order. The member is correct that there is a rule of relevance. However, the member for Burnaby—New Westminster has just begun. I am confident that he will be speaking to the matter before the House at this time, which is Bill C-2.

The hon. member for Burnaby—New Westminster.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 1:40 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am a bit saddened to have to speak to Bill C-2, which is an attempt by the government to change the channel after all the months of crime and corruption among Conservatives. Every night that Canadians turn on the television, they see police investigations into the Prime Minister's Office or into prominent Conservatives such as Mike Duffy, Nigel Wright, Pamela Wallin, Patrick Brazeau, and Rob Ford. Every night—

Respect for Communities ActGovernment Orders

November 21st, 2013 / 1:25 p.m.
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NDP

Jonathan Tremblay NDP Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, we are here to talk about Bill C-2, formerly Bill C-65. After prorogation, the bill was reintroduced with a different number.

This bill is a direct attack on supervised injection sites. Once again, we are faced with a government that uses every possible means to impose its political ideology at the expense of the broad social consensus and the positive effects of supervised injection sites.

We must remember that the Conservative government's bill challenges the Supreme Court decision and is just another way for the government to get what it wants and to put its moral values ahead of the lives of the most vulnerable Canadians.

We feel that all new legislation on supervised injection sites must respect the spirit of the Supreme Court decision. The 2011 decision reminds us, among other things, that Vancouver's InSite—the only safe injection site in Canada—has saved lives and improved health without increasing the incidence of drug use and crime in the surrounding area. It is also important to note that the police, local businesses and the chamber of commerce support those types of projects.

Evidence has shown that supervised injection sites effectively reduce the risk of contracting and spreading blood-borne infections, such as HIV and hepatitis C, and reduce deaths from overdoses. Evidence has also shown that these sites do not negatively affect public safety and that, in certain cases, they promote it by reducing the injection of drugs in public, the violence associated with such behaviour, and drug-related waste.

Supervised injection sites make it possible to strike the appropriate balance between public health and public safety. They also connect people in urgent need of health care with the services they need, such as primary health care and drug treatment services. Those are quantitative and qualitative facts that describe a reality, not an ideology.

We believe that harm reduction programs, including supervised injection sites, must be granted exemptions based on the evidence that they will improve public health and save lives, not based on ideology. Pragmatism and humanitarianism must be the two principles underlying the reality of drug use, a reality that goes against our moral values. It is unfortunate that the Conservatives do not feel that this debate in the House is useful and that they prefer to have the conversation by themselves.

In order to clearly understand the purpose of supervised injection sites, one has to take an interest in the people who need the service and remember that they have rights and that we have responsibilities toward them. Drug consumption has significant effects on people's lives, including debt, a breakdown in communication with friends and family, isolation, crime, medical problems and stigmatization. We need to support these people, not send them to prison. We must support them, not exclude them. They need to be given an anchor so that they can regain control of their lives, not left adrift without a purpose while we turn a blind eye to their problems.

Supervised injection sites are an innovative response to the expectations of an advanced and enlightened society. The philosophy of harm reduction gives priority to the personal and social management of drugs and high-risk behaviours and their negative consequences.

It is therefore important to have a pragmatic dialogue and approach. In other words, we need to look at the situation with a critical eye and assess the social costs and benefits of our laws and practices for humanism, which places human development at the heart of economic, environmental, political and social decisions.

What is more, the Supreme Court's 2011 ruling warned the government against any law that would violate the Canadian Charter of Rights and Freedoms.

The discretion vested in the Minister of Health is not absolute: as with all exercises of discretion, the Minister’s decisions must conform to the Charter. If the Minister’s decision results in an application of the CDSA that limits the s. 7 rights of individuals in a manner that is not in accordance with the Charter, then the Minister’s discretion has been exercised unconstitutionally. In the special circumstances of this case, the Court should go on to consider whether the Minister’s decision violated the claimants’ Charter rights. The issue is properly before the Court and justice requires that it be considered.

What is more, in this decision, the Supreme Court ruled that the charter guarantees Canadians the right to access supervised injection sites and that such services should generally exist when the advantages outweigh the disadvantages.

A 2004 study by the European Monitoring Centre for Drugs and Drug Addiction indicated that supervised injection sites reach out to vulnerable groups and are accepted by communities. That is what social acceptance is. The study also showed that these sites improve the health of their users, reduce high-risk behaviour, and reduce fatal overdoses and the consumption of drugs in public places.

Canadians do not understand the Conservative government's lack of empathy towards citizens living with this difficult reality, and the dearth of recognition and support it shows towards organizations working day after day to improve the well-being of those citizens.

Canadians see a government that imposes a course opposite to that recommended by various qualified stakeholders working with safe injection sites.

Bill C-2 will establish a process that is so burdensome that it may well deter applicants from even trying to open a safe injection site.

What would happen if an applicant should accidentally forget to include something? Could the application be turned down automatically? Even if an applicant had all the required documents and the full support of the community, it would still be possible for the minister to deny the application.

It is important to remember that a number of projects are on hold in major Canadian cities and that Bill C-2 is an obstacle to their implementation.

Speaking about safe injection sites, on June 7, Dr. Richard Massé, the director of public health for Montreal, said in Le Devoir:

…These services save lives. It is too early to say what will happen, but… [this bill] appears to me to create significant barriers, even though the Supreme Court clearly said that not providing these services was a violation of human rights.

Also in Le Devoir, the Canadian Medical Association said it sees a bill that is built on ideology. As to the objection that establishing a place where drugs obtained from illegal sources are consumed could cause a lot of harm in the community, Quebec's health minister says that the studies that have been conducted on the subject do not bear that out. He said that the bill should be studied further, specifically with the justice minister of Quebec.

Many groups are concerned about this bill that challenges the Supreme Court decision. It is designed as a way to undermine the court's decision and to find another way to close safe injection sites because they go counter to this government's ideology.

Why do the Conservatives not simply admit what this bill is about? What are the real reasons behind the bill? How far are the Conservatives prepared to go to jeopardize health, safety and the dignity of human life and when are they going to admit that this bill really is based on ideology?

Respect for Communities ActGovernment Orders

November 21st, 2013 / 1:10 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I am pleased to speak to today's debate on Bill C-2, which I would have entitled the “not in my backyard” bill.

The Conservatives’ ideology is to always be sure to try and hide what they regard as neither fine nor good. It makes me think of those countries that are named hosts of the Olympic games and, at some point, decide that when the foreigners are about to arrive, it will be time to clear the area around the games site of the homeless and all those who, in the authorities’ opinion, would not reflect a good image of the country.

However we must not bury our heads in the sand, as a member of the Quebec National Assembly has said. It is a fact, however, that people do play the ostrich. In vain we put on rose-coloured glasses, in vain we try to build a wall of silence around problems of health, homelessness, substance abuse and so on: the fact remains that these things exist.

The InSite centre was created to help people who are dealing with substance abuse problems, not to be a place of debauchery. To listen to the Conservative members’ speeches since the start of this debate, one would think that the latter was true.

However, as my colleague just said, the courts that have considered this issue have been very clear.

First of all, the British Columbia Court of Appeal declared in 2010 that this was a medical centre falling under provincial jurisdiction. The matter should have been settled there: it had been put to rest. The province, the local authorities and the people familiar with the issue who work in the health field know what to do and what is good for their population. The City of Vancouver and the Government of British Columbia had decided that the supervised injection site had its place and its usefulness, as has since been demonstrated.

The Conservative government just cannot accept this. It is now bringing forward a bill that sets a whole pile of conditions. I think there are 26 in total. The purpose behind this, and it is certainly no secret, is to effectively shut down InSite and prevent other sites from opening.

I will talk a bit later about Montreal, for example, in Quebec. Indeed, the new mayor, Mr. Coderre, said during his campaign that this was a pressing public health and safety issue, and that he was considering at least creating an agency to discuss the issue more thoroughly and move forward with plans for a supervised injection site. I never thought I would be quoting him in a good way; no, I am just joking.

A Supreme Court decision followed in 2011, as the federal government had appealed the ruling of the B.C. Court of Appeal.

This was clear to the Supreme Court:

It is a strictly regulated health facility, and its personnel are guided by strict policies and procedures. It does not provide drugs to its clients, who must check in, sign a waiver, and are closely monitored during and after injection...The experiment has proven successful.

The Supreme Court also stated the following:

The Minister’s decision, but for the trial judge’s interim order, would have prevented injection drug users from accessing the health services offered by InSite, threatening their health and indeed their lives.

I think that this is very clear and very far from the horror stories we heard earlier from the Conservative minister. He would have us believe that supervised injection sites are located in residential neighbourhoods right next to daycares. According to him, these sites hold open houses every Sunday afternoon after church, so that small children can visit, play with needles and mingle with people who are, as they say, unsavoury. Obviously, this is not at all how these sites operate.

Bill C-2, with its 26 conditions, requires obtaining the approval of a city’s police service, first responders and mayor. There is nothing wrong about this on the surface, because we tend to think that nobody can be against social acceptance.

However, the InSite centre in British Columbia is socially acceptable because the provincial government, the municipal government, the police, first responders and doctors have decided that it is. Clearly, all these people are not imbeciles who suddenly decided that it would be fun to open such a site, and, why not, to open more sites just about everywhere else in the province; and to arrange, as I was saying, for sites like this to be located in residential areas, more or less haphazardly, with no framework.

On the contrary, when a decision is made to set up services like these, it is done with a sense of social acceptability. We do not need an ambulance attendant to suddenly exercise a veto right and to say that it cannot work, and that the site will not be opened. That is not how it works.

In any event, it is clear to the Bloc Québécois that medical treatment and the organization of health services are not Ottawa’s areas of jurisdiction. It is up to Quebec to evaluate and authorize treatment, together with Quebec's health institutions. Quebec has the power and the jurisdiction needed to open supervised injection sites as part of a solution to mental health and addiction issues. That, moreover, is a subject that was studied by Montreal's health and social services agency in 2011.

There is a very eloquent and interesting report entitled “Vers un service d'injection supervisée” that sets out succinctly what would justify the opening of a supervised injection site in Montreal. It is a matter of a higher mortality rate among injection drug users and infection epidemics caused by HIV and hepatitis C.

It says:

Cocaine use, the drug most often injected in Montréal, is a major determinant of HIV transmission, as is sharing used needles.

That is why, in one of the main recommendations in the conclusion of the report, the director of public health recommends fixed sites and a mobile unit staffed by nurses:

It is proposed that the fixed sites be located in RSSS [health and social services networks] institutions and community organizations that based on an agreement with the RSSS, would integrate medical supervision of injection and nursing care into the services they already offer.... The mobile unit would be more appropriate for priority sectors where a fixed service could not be offered....

According to this report, supervised injection sites are essential because even though they are geared toward only a small segment of Montreal's population, that segment of the population is affected by more than its share of health and social inequalities. Dr. Richard Lessard, Montreal's director of public health in 2011, stated that he felt it was a matter of social justice and equality.

I would like to give everyone a chance to have a look at this important report. As I was saying, this issue came up during the Montreal election campaign. It definitely has a lot of momentum. Neither Quebec, nor Montreal, nor public health and safety stakeholders will let the federal government create all kinds of obstacles and barriers to prevent this kind of service. That is what the Conservatives really want. They would rather not see and not know.

I am sure my government colleagues will be interested in the fact that the Montreal police has studied this issue. The Montreal police has said it will collaborate under certain conditions. That makes sense because the police force cares about public safety. It is in favour of a collaborative effort among partners to combine several approaches: prevention, treatment and care, law enforcement and harm reduction. To keep users from shooting up on the street, the Montreal police would encourage them to go to supervised injections sites.

Earlier, I was listening to the member for Rosemont—La Petite-Patrie, who is clearly from Montreal. In response to the Conservatives' rhetoric, he said that by not allowing drug addicts to use supervised sites, they will not just suddenly give up drugs. Unfortunately, these people will not stop using. That is what we would like to see, but they will not necessarily stop using drugs. They will keep using, in public washrooms, parks or places where a child's hand, foot or finger could come into contact with a used needle and he could get sick or hurt himself. That has already happened; it has been documented.

It is a myth to think that banning these types of sites will improve the safety of our children and families. It is quite the opposite.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 1:05 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I would like to congratulate my colleague, who gave a compelling, fact-based speech. The facts show that supervised injection sites save lives, help people, allow people to take care of themselves and get off drugs. These people are sick, suffering from addiction.

I can scarcely believe that the Conservatives have managed such a feat with Bill C-2. They have managed to challenge the Supreme Court, the scientific community, doctors and nurses and ignore international proof, all with a single bill. My hat goes off to them.

I would like my colleague to tell us how these sites protect the community. Thanks to centres such as InSite, fewer people will be shooting up in back alleys and parks. Our children will be less likely to come across dirty needles.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:55 p.m.
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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, I just want to say how shameful it is that the Conservatives are not standing up to take part in the debate on Bill C-2. As my colleague just pointed out, their position is indefensible.

This is an important debate about saving lives by giving people in need access to care and referrals to drug treatment options. This debate is about a very important public health and public safety issue: setting up supervised injection sites.

I would like to begin my speech with some quotes from a feasibility study for such a site in Montreal. The study was conducted in 2011 by the Agence de la santé et des services sociaux de Montréal. The tone and the word choices paint a very accurate picture of what supervised injection sites do:

Supervised injection services are medical and nursing services provided in response to addiction, which is a disease. In countries where these services are legal, they are offered in places where injection drug users can inject drugs they bring in themselves in a clean and safe environment, under the supervision of qualified medical, nursing and psychosocial staff.

What are the goals of these sites? I quote:

...to help prevent diseases and deaths among people who inject drugs, and to reduce social inequalities in health that affect one of society's most vulnerable groups.

Earlier, members talked about compassion and helping people who need resources and tools. That is what the government should be doing, but the Conservatives either do not understand or they have decided to wash their hands of the whole thing.

Anyone who wants to understand what supervised injection sites do has to understand what drug addiction is and what patients suffering from the disease go through. It just so happens that drug addicts consume substances deemed illegal, but they are still people with a disease. More than anything else, they need help.

Any government that cannot understand that basic need for care and help cannot create public health legislation. Unfortunately, that is what is happening now with Bill C-2.

This bill is the result of the Conservatives' ideological war against drug addicts. It is not based on science or facts, but rather on ignorance and fear. Earlier we were accused of being soft on crime and soft on heroin. On the contrary, supervised injection sites provide a safe, secure and supervised place for users, while the Conservatives would rather send all these people into the streets, with no resources and without any chance of being referred to health care professionals.

The New Democrats cannot help but be opposed to this witch hunt. This is not the Middle Ages. This is a modern, advanced society with experts who can help the people who need help.

The Conservatives' war on the InSite supervised injection site in Vancouver and others has been going on for years. In 2003 InSite received an exemption to operate for medical and scientific purposes under the Controlled Drugs and Substances Act. More than 30 scientific studies have confirmed that InSite has positive effects on patients and public health.

In Europe and Australia, 70 similar injection sites have seen the same positive results. I do not know what other evidence the Conservatives need. There have been 30 scientific studies on 70 sites around the world.

In 2008, when the site had been operating successfully for five years, the Conservative government set out on a crusade against InSite. It refused to renew the site's exemption and spent thousands of dollars in court, but every court ruled in favour of the medical centre.

The B.C. Supreme Court, the B.C. Court of Appeal and the Supreme Court of Canada all said that the centre should remain open. The Supreme Court was very clear: the minister's decision to close InSite violated the charter rights of the centre's clients. Here is what the court had to say about the decision:

It is arbitrary, undermining the very purposes of the CDSA, which include public health and safety.

Who is soft on crime? I do not think those of us on this side of the House are. This quote was from the Supreme Court of Canada.

With Bill C-2, the government sets out the new criteria to establish a supervised injection site. Some of these criteria are reasonable, but others seem to indicate that the government will use this legislation to close such sites. Moreover, the sheer number of criteria is enough to deter people from launching a project before they even begin. The number of criteria is really high.

These criteria are basically new ammunition for the Conservatives' ideological war against addicts. This is also a way to shape people's minds through fear. Bill C-2 requires proof of the project's acceptability to the community. That is fine. However, this will have to be done with all the necessary medical and psychosocial information. When people are well informed, they support such initiatives.

However, I suspect that the government will once again resort to ignorance and fear, rather than education and public health. How can we trust it when it has been fighting for years to close InSite, a decision that flies in the face of the Supreme Court's position? Did the government even read the scientific studies confirming the results achieved with these supervised injection sites? People who use these sites are almost twice as likely to enter a detox program.

There is a significant drop in the number of discarded needles on the streets. As I mentioned, there are fewer people shooting up on the streets. There is less crime and less violence. Consequently, there should be less fear about the Conservatives' claims whenever they talk about heroin on the streets.

The drop in needle sharing reduces the transmission of HIV-AIDS. More importantly, supervised injection sites help improve the health of people who use them and lower the number of overdose deaths. Even though people's lives are at stake and studies show that crime decreases, the Conservatives deny this and only talk about crime.

This approach is pragmatic and humane. It is based on compassion for people with addictions and respect for their rights, including their right to life and their right to be treated like any other citizen. This medical approach has proven effective, unlike the coercive and repressive approach proposed by the Conservative government.

Repression has only had negative and deplorable effects for decades. Criminalizing drug use gives power to the Mafia and street gangs. We must talk about both public health and public safety because they go hand in hand. By criminalizing substance abuse, we force people struggling with this problem to live on the margins of society. By contrast, if we treat them, we help them overcome their addictions. Fewer drug users also means less crime and less power for the underworld.

Would we rather focus on medical science or ignorance, on compassion or fear? What moral values do we want to teach our children? Do we want to teach them to pass judgment on a sick individual or to help that person? Do we want to base our judgments on facts or ideology?

Canada is held up as an example for its universal health care system. Our system is based on respect for universal rights, including the right to life, health and safety. By restricting access to supervised injection sites, the government is denying patients their right to be treated and receive care. This is contrary to the Canadian Charter of Rights and Freedoms.

Supervised injection sites that have done well work with the community. That is the case with Vancouver's InSite. Effective mechanisms are put in place to promote cohabitation, patients must comply with a code of conduct and the site co-operates with the police, the public and various community organizations.

The Conservatives should be ashamed of inciting public fear and making up information that is not based on scientific data or studies. Instead, they should look at the studies and the Supreme Court decision supporting an exemption for a facility such as InSite.

They should co-operate with the opposition parties, with the NDP, which feels that policies should be based on facts, not ideologies. Crime reduction programs, including supervised injection sites, should be evaluated based on their ability to improve public health and safety.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:20 p.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I listened attentively to the member for Winnipeg Centre; his articulate and heartfelt speech focused on issues that are dear to Canadians. The benefits of supervised injection sites and their positive impact on communities are known across the world.

The Conservatives have launched a campaign with the slogan “keep heroin out of our backyards”. Furthermore, it does not take an MBA or a medical background to see that, with Bill C-2, the Conservatives are doing everything they can, not only to stop new supervised injection sites from opening, but also to shut down the Vancouver site.

Would this not bring heroin back to our doorstep, our parks and our neighbourhoods?

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:10 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I asked for the opportunity to speak to Bill C-2 today because it is a piece of legislation that has to be called out. It has to be exposed. We have to tell the Canadian people what is really going on in the Parliament of Canada and what is driving and motivating the type of legislation being put forward by the Conservative Party, the ruling party.

I should say at the outset that Bill C-2, the bill that is supposedly entitled “an act to amend the Controlled Drugs and Substances Act”, should really be called “an act to raise money through fearmongering act”, because within hours of Bill C-2 being tabled in the House of Commons, a blitz, a flurry, of fundraising letters went out across the country under the title “Keep heroin out of our backyards”.

Imagine the cynicism of introducing legislation that is not based on evidence, reason, logic, science, or public health. Not one of those factors enters into this whatsoever. The fact is, the Conservatives are running out of red meat to throw to their base. They do not have the gun registry to milk anymore. I am amazed that they killed the goose that laid the golden egg on the gun registry. That used to be how they bankrolled the whole darn party, really, their war room and everything.

The hon. member across is probably wanting to say that we do not have the Canadian Wheat Board to slap around anymore. No, the Conservatives cannot milk that one anymore either. That was a good one. They milked that one for years, calling it marketing freedom. I always called it the freedom to sell grain for less.

We should label these bills a little more honesty, really. The keep heroin out of our backyards fundraising campaign started just hours after the bill was tabled. Sometimes it is the same minute that the bill is tabled that the fundraising letters start blitzing out. It makes us wonder who is paying for some of the mailing, because I know a lot of this messaging is paid for by the taxpayer.

In my own riding, 10 Conservative members of Parliament have been carpet bombing my riding with their propaganda and their literature, followed up immediately with a fundraising letter from the party. The Conservatives plant the seed on the taxpayer's dime, putting hundreds of thousands of dollars worth of letters into my riding on a regular basis, and then they pay for the postage stamp for the follow-up letter that asks for money based on the taxpayer-funded literature that just arrived.

Is that legal? I do not think it is. I think it is an abuse. At the very least, it is an abuse.

When the Prime Minister's Office is being investigated for high crimes and misdemeanours, let us summarize some of the abuse of privileges, mailing privileges being one. With the Prime Minister's Office being investigated for bribery, breach of trust, fraud, and obstruction of justice, we could add contempt of Parliament to that sordid list. We could add abusing the taxpayers' dollars by misusing the mailing privileges of members of Parliament to another one.

But I digress. I want to speak to the substance of the bill in a serious way.

I might be one of the few people in the House who have actually toured the InSite safe injection site in Vancouver, although I know quite a few of our NDP members have, in fact. I doubt that very many members on the Conservative side ever have, because they would not be able to say with a straight face that there is any evidence in the way they have been arguing in the keeping heroin out of our backyard fundraising drive. That is because if they did canvass the community of the Downtown Eastside, they would find it is overwhelmingly supportive. If they canvassed ordinary Vancouverites, they would find the site is overwhelmingly supported. There is no NIMBY, not in my backyard, associated with InSite, yet we have a whole piece of legislation that is crafted specifically to undermine the Supreme Court ruling and shut down one public health facility in downtown Vancouver. It is another spurious, wasteful use of the taxpayer's dime to have Parliament seized of the issue in order to get revenge for the Conservatives losing a Supreme Court ruling on the veracity, the use, and the efficacy of the InSite safe injection site in downtown Vancouver.

One of the problems is that the mindset of the Conservatives is that substance abuse and addiction are somehow a criminal justice issue. They are not. They are health issues and they should be treated as public health concerns.

One of the other problems that I do not think a lot of the people who introduced this bill realize is that if we are going to help someone who has a substance or addiction problem, we need to reach them and have the supports available and concentrated for when that person is ready.

I had an example in my own office recently. My riding has some serious issues, not unlike the Downtown Eastside in Vancouver. There was a young sex trade worker who worked up and down the street on Sargent Avenue, where my office is. One time, she came into our office, clearly jangled on what we believe was crack cocaine. She wanted to make a change to her life. She said she had had it and she wanted to get off the streets. She wanted help and she wanted to clean up.

We got on the phone to try to help her, but we could not find a bed for her. We could not find any place to refer her. We cannot tell addicts that we are glad they want to clean up, but to come back in six weeks when we will have a bed for them. It does not work that way.

One of the magic things about InSite is the Onsite, which is eight floors above. There are rooms. They are clean, safe, detox-assisted rooms where an addict can literally be using the safe injection site on the main floor one minute, speak to a counsellor or social worker that very moment and then be referred to the detox centre, where they dry out in the rehabilitation program in the same building at the same time.

The success rate is evident. The empirical evidence exists that InSite saves lives and helps people get off drugs, because we can have access to them to offer the services that they need to clean up their lives. Unlike the situation with the woman in Winnipeg, where there was no room available. InSite/Onsite/apartment hotel services are a whole campus of support mechanisms, concentrated right where they are needed.

In this fearmongering and fundraising campaign about keeping heroin out of our backyards, one of the pieces of literature that the Conservatives are bombing into my riding, misusing their MPs' mailing privileges, has a picture of a guy sneaking in a bedroom window with a knife. It is as if this junkie is going to kill us in the night with his knife if we do not vote Conservative and only the Conservatives can help protect us from the junkie who is going to creep into our bedroom windows. That is how cynical this messaging is. They build up a straw man and then try to convince people that this straw man is going to hurt them, and say that the Conservative Party is the only one that can protect them from this imaginary straw man.

That is what the Conservatives are doing with this legislation. They are trying to imply that if the bill does not pass and if we do not somehow overturn the outcome of the Supreme Court ruling, we are going to have junkies in our backyards shooting up heroin. That is really what the message is when we strip it down to its actual substance. The Supreme Court ruling showed great wisdom and it is a shame that it had to go that far.

InSite opened in 2003 and started showing improvements immediately. There used to be 12 people a year dying from an overdose in the Downtown Eastside in Vancouver. That has changed dramatically. Communicable diseases are way down in terms of people using dirty needles and sharing hepatitis C, or even worse, HIV-AIDS. These things are being treated with a common sense approach.

People were supportive. The Supreme Court of Canada was supportive. The Conservatives are sore losers, so they are again abusing the arbitrary and absolute power that they have by not showing any respect for Parliament to ram this through. At least show some respect for the Supreme Court of Canada, which has spoken recently on this subject.

Bill C-2 should go down in flames. The Conservatives should apologize for the fundraising campaign where they are trying to milk the public by fearmongering.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 11:55 a.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I am rising to speak today to oppose Bill C-2, An Act to amend the Controlled Drugs and Substances Act. As you are aware, this bill had been introduced as Bill C-65 at the end of the previous parliamentary session. It has now been reintroduced in its current form, as Bill C-2.

We are the only party to comment on the subject today. The NDP is the only party standing up to give a voice to the least fortunate in our society.

The Conservative government has missed a fine opportunity. It should have taken advantage of the House prorogation to consign this bill to oblivion. It is a thinly veiled attempt to stop supervised injection sites from operating, in direct defiance of a Supreme Court ruling on these sites.

The bill sets out a lengthy and arduous list of criteria that supervised injection sites would have to meet before the minister would grant them an exemption under the Controlled Drugs and Substances Act. These criteria will make it much harder for organizations to open supervised injection sites in Canada.

For new supervised injection sites, preparing the application would be so onerous that it would likely deter applicants from opening such a site. The department's representatives have told us that if an applicant were to accidentally forget to include any detail, the application would automatically be refused. Even if all the required documents were included with the application, and it has the full support of the community, the minister would still be able to refuse the application.

If the bill is passed, new applications will have to include the following: scientific evidence demonstrating a medical benefit; a letter from the ministers responsible for public health and safety, municipal governments, local police chiefs and senior public health officials; information about infectious diseases and overdoses related to the use of illicit substances; a description of the drug treatment services available at the public safety site; a description of the potential impact of the site on public safety; a description of the measures that would be taken to minimize the divergence of controlled substances; information on loitering in a public place that may be related to certain activities involving illicit substances, drug trafficking and crime in the vicinity of the site at the time of the application; a report of the consultations held with a broad range of community groups from the municipality, including copies of all written submissions received and a description of the steps that would be taken to address any relevant concerns.

Needless to say, drug addicts could die 15 times in that timeframe.

Some requests may also take forever for no good reason, which means groups could be kept waiting for months or even years. The bill mentions there will be a 90-day public consultation period when a group requests an exemption, but it does say how long it could take for Health Canada to process a request, or for the minister to reach a decision.

The bill also lays out principles that the minister will have to consider before accepting a request. These principles, stated in section 5, essentially list all reasons why a request could be rejected. I quote:

The Minister may only grant an exemption for a medical purpose under subsection (2) to allow certain activities to take place at a supervised consumption site in exceptional circumstances and after having considered the following principles:

(a) illicit substances may have serious health effects;

(b) adulterated controlled substances may pose health risks;

(c) the risks of overdose are inherent to the use of certain illicit substances;

(d) strict controls are required, given the inherent health risks associated with controlled substances that may alter mental processes;

(e) organized crime profits from the use of illicit substances; and

(f) criminal activity often results from the use of illicit substances.

I am not sure what kind of circus the Conservatives are living in, but they seem to act as if we were still in the 20th century, rather than fully in the 13th year of the 21st century.

I encourage them to open their eyes, and to see that drugs have infiltrated communities all across the country. I encourage them to put on new glasses, and to realize that Canada exports a lot of drugs, mainly to the U.S.

To back up that statement, I would like to quote from an article by Tom Godfrey published on the Canoe network on January 30, 2012. He said:

Canada has joined Colombia as a leading exporter of synthetic or designer drugs, flooding the global market on an almost unprecedented scale, police say. The RCMP have seized tonnes of illicit synthetic drugs that include Ecstasy and methamphetamine being shipped abroad after being “cooked” in make-shift labs in apartments, homes and businesses in the GTA.

Police are now seizing more chemicals and synthetic drugs, which they say is favoured by young people, at Canadian border checks rather than the traditional cocaine, heroin or hashish that officers call drugs of “a last generation”.

According to a Radio-Canada report broadcast on November 8, 2013, Colorado was about to legalize the free consumption of marijuana for all adults over 21. This is a North American first, and it is happening in a country that has always officially waged war on drugs, including cannabis. The state is unmistakably planning to legalize it, not decriminalize it. We are talking about recreational marijuana use, not medical use. This is unique, and Uruguay and Washington state will soon be doing it too.

Before wrapping up, I would like to talk about an experience I had. I was living with my two daughters in an apartment with a back alley. I frequently found needles in that alley. When the kids found needles, they gave them to us. That is why I would really have appreciated having a place in the community that I could have referred people to when they came to shoot up behind my apartment building.

When people are sick, they get care. When people are using drugs, they are sick and need care. That is why specialized care has been made available to help these people get the unique care they need. That is what Vancouver's InSite provides.

This is a deeply flawed bill based on anti-drug ideology and false fears for public safety. This is the latest attempt to rally the Conservative base. The Conservatives' “Keep heroin out of our backyards” campaign, launched just hours after Bill C-2 was introduced in Parliament, makes that very clear. That is what I call turning a blind eye.

This bill will make it practically impossible to open safe injection sites, which will put heroin back in our neighbourhoods. The Conservative government is increasing barriers to providing a service to those in need in a safe place, rather than in an alley where needles can be found by young children. There are many risks associated with that.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 11:40 a.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, it is my privilege to rise in the House and join my colleagues in the official opposition in opposing the bill. Normally I do not read a speech, but I find that it is very important on this bill to be clear that I am conveying the actual words of medical specialists, including those from my city of Edmonton, from the Canadian Medical Association, and from the Supreme Court of Canada.

In reintroducing Bill C-2, an act to amend the Controlled Drugs and Substances Act, the government is flying in the face of credible, strong evidence that safe injection sites lead to improvements in public health and public safety.

The specific objective of organized, supervised safe injection sites is widely recognized to improve health outcomes and to reduce impacts to communities where drug use is already occurring, and it is important to recognize that drug use is occurring.

Bill C-2, in imposing 24 conditions on the operation of any safe injection site and then completely giving the discretion to the minister to ignore that advice and impose her decision, rather than relying on the opinions of scientists and medical experts, has a clear intent of rendering it inoperative.

The intent of a safe injection program is to directly address the problem of addiction to dangerous and illegal substances by mitigating the negative effects of such addictions while ensuring that addicts have access to support when they are ready to begin treatment to get off drugs, and it is important to emphasize. That is clearly the path we support, and that is the path of the safe injection sites.

Safe injection sites have been proven to do both of these things. The Canadian Medical Association has expressed deep concern about this legislation. It has pointed out that there is overwhelming clinical evidence to show that safe injection sites save lives, and it has called for such facilities to be included in a national drug strategy. According to the CMA:

Supervised injection programs are an important harm reduction strategy. Harm reduction is a central pillar in a comprehensive public health approach to disease prevention and health promotion. In a preliminary assessment based on initial review of the Bill, the CMA is deeply concerned that the proposed legislation may be creating unnecessary obstacles and burdens that could ultimately deter creation of more injection sites.

The CMA's Dr. Haggie, then president, in response to the unanimous decision of the Supreme Court of Canada, said:

While for some this is an ideological issue, for physicians it's about the autonomy to make medical decisions based on evidence, and the evidence shows that supervised injection reduces the spread of infectious diseases and the incidence of overdose and death.

Dr. Stan Houston is a professor and specialist in infectious diseases at the University of Alberta, and he has extensive experience working with HIV patient care and organizations assisting such patients. Dr. Houston expressed support for the operation of safe injection sites for a number of important health-related reasons. According to Dr. Houston:

Although exact numbers are difficult to determine, hepatitis C infection rates run rampant through intravenous drug users. At one point, more than 80 per cent of those users were infected.

He has advised that due to needle exchanges and other social services provided by Streetworks, an Edmonton support program, the rates of HIV and hepatitis C have declined. According to Dr. Houston:

HIV cases are steadily going down in drug users in Edmonton. In fact that's our biggest HIV prevention success story. HIV rates are going up in other risk groups, but they are going down in injection drug users. And harm reduction practices should get a large part of the credit.

He said that by provision of a safe, supervised location for injection, staffed by medically qualified people, the probability of engaging drug users in drug treatment is substantially enhanced. He said that the preponderance of evidence from 25 peer-reviewed reports determines that programs such as InSite improve rates of further treatment for addictions.

Dr. Houston has advised me that, to his knowledge, not one case of drug overdose has occurred at InSite since 2003. That is a lot of lives saved, lives that can be redeemed and then supported to end addiction. Should that not be the health objective?

Dr. Houston has pointed out to me that those who operate safe injection sites are not pro drug use. It is quite the opposite. Surely it is better to have addicts injecting drugs in a clean, secure place instead of back alleys. Quite logically, it is a preferable alternative to ensure public safety. He has also called for more government funding of drug treatment facilities to help end their addictions.

Dr. Houston points out that the research supports his position. The obvious question, then, is this: why is the government not willing to take the advice of Canadian doctors when it comes to dealing with a serious health issue?

In September, a total of 87 organizations experienced at dealing with addictions signed a letter to the Minister of Health, urging her to not reintroduce this bill. They included a number of Edmonton organizations that assist the homeless, HIV-infected persons and addicted persons, such as the Boyle Street Community Services, the Bissell Centre, the George Spady Centre and Street Works. Their common request to the minister was for support for increased access to supervised consumption sites similar to the InSite program in Vancouver and those in other nations, including Switzerland, Germany and the Netherlands, in order that lives could be saved.

These dedicated and highly respected community organizations point out that supervised consumption sites have been proven to decrease overdose, death, injury, and risk behaviours associated with HIV and hepatitis C infections; to increase access to health care for marginalized people; to save health care costs; and to decrease open drug use and publicly discarded drug use equipment, which is one of the issues communities usually raise.

I urge the minister to respond to their request to sit down with them to learn from their direct experience in dealing, on a daily basis, with people battling addictions and seek effective solutions to both assist those addicted and increase public safety.

There are obvious medical, social and psychological costs associated with a single HIV infection. If nothing else, one can appreciate the cost savings derived from preventing HIV infection. Directly because of the introduction of a needle exchange program in Edmonton, reduced rates of infection among drug addicts have been reported for both HIV/AIDS and hepatitis C, while in the same period rates have increased in other high-risk areas.

If we are truly serious about tackling the issue of drug addiction and the attendant health risks to the entire Canadian population, as parliamentarians we have an obligation to base our decisions on appropriate program or regulatory responses, sound science, and research results. Surely this should be the basis for all good public policy.

As the Canadian HIV/AIDS Legal Network concluded from a detailed study, “many of the arguments against are ill-conceived or overstated, and are outweighed by the likely benefits of safe injection facilities”. It reports that there is an ethical imperative to at least support the trial facilities given the unacceptable harms currently experienced by drug users and the general community, and the potential for these sites to eliminate or reduce at least some of the harms. It advises that a refusal to establish these critical sites may be deemed to violate human rights obligations under international law or potentially subject governments to negligence suits. It is important to observe what they are advising us.

It is important to observe and respect as well the unanimous ruling of the Supreme Court of Canada in favour of the continued operation of InSite and right of access to similar facilities.

The Chief Justice of the Supreme Court stated in that unanimous decision:

Where, as here, a supervised injection site will decrease the risk of death and disease, and there is little or no evidence that it will have a negative impact on public safety, the Minister should generally grant an exemption.

In closing, by shutting its eyes to the evidence and seeking to put as many barriers in the way of communities opening their own safe consumption sites, the government is risking the lives and health of Canadians. Let us not forget that if it were not for the Supreme Court, lnSite would have been closed.

I urge the Minister of Health to withdraw this bill and begin a serious consultation on how we can decrease addiction to illegal drugs in Canada and the attendant health and social costs.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 11:25 a.m.
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NDP

José Nunez-Melo NDP Laval, QC

It is my privilege to rise in the House today to speak to Bill C-2, An Act to amend the Controlled Drugs and Substances Act.

I would like to begin by firmly stating that our caucus and our party are opposed to this bill, which has now come to second reading. Our caucus feels that decisions about programs that could be beneficial to public health must be given serious consideration and must be essentially based on facts. When we talk about facts, we are of course talking about tangible, solid, quantifiable evidence, not hypotheses and qualitative methods, or indeed ideological positions.

Not so long ago, in 2011, the Supreme Court of Canada ruled that the InSite organization was providing essential services and should remain open under the exemption provided for in section 56 of the Controlled Drugs and Substances Act.

Once again the Conservative government is proposing a very imperfect bill, based on a very conservative and openly anti-drug ideology. To justify itself it is fearmongering about public safety.

However, at present there is only one supervised injection site operating in Canada. This is InSite, and it is in Vancouver. Since it opened, Vancouver has seen a 35% reduction in deaths by overdose. Furthermore, it has been established that InSite has brought about a decrease in crime, in communicable disease infection rates and in relapse rates for drug abusers.

This site has become such a model that big cities like Toronto and Montreal are thinking of creating their own. We in the NDP feel that decisions about programs that could be beneficial to public health have to be maintained. We must reject any intervention based on unjustified reasoning.

The position of our party is supported by three major institutions in Canada. Those institutions issued a statement regarding the former Bill C-65, which is now Bill C-2. That statement speaks of a flagrant lack of judgment. It goes even further, describing this initiative as irresponsible and unethical.

Other institutions have also spoken out against this bill as proposed by the government, including the Canadian Medical Association and the Canadian Nurses Association. Both have criticized the approach being taken by the government.

I would also like to mention the attitude of the Conservative caucus, of our colleagues opposite. Since this morning, I have noticed that there are only seven to 11 Conservative members in the House.

That is evidence of blatant disinterest on their part. The members who have spoken—

Respect for Communities ActGovernment Orders

November 21st, 2013 / 11:10 a.m.
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NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, you have no idea how disappointed I am with this bill. One would think that over the years we would get used to these kinds of laws that do more harm to the public than anything else, but I cannot get used to it. Bill C-2 is a very important reminder of that reality.

There are several elements in this bill that remind us just what the Conservatives represent. They are ideologues, they ignore scientific evidence and they even disregard rulings from the highest court in the country. It is absurd. This bill is first and foremost a way to dismiss the idea of supervised injection sites, just like they tried to do with InSite in Vancouver.

We need to put this bill in context. This bill was introduced because the Supreme Court ruled that the only supervised injection site in Canada—InSite in Vancouver—was necessary and that the Minister of Health should continue to give the facility an exemption. The court based its decision on section 7 of the charter, which states:

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

The Supreme Court decision states:

On future applications, the Minister must exercise that discretion within the constraints imposed by the law and the Charter, aiming to strike the appropriate balance between achieving public health and public safety. In accordance with the Charter, the Minister must consider whether denying an exemption would cause deprivations of life and security of the person that are not in accordance with the principles of fundamental justice. Where, as here, a supervised injection site will decrease the risk of death and disease, and there is little or no evidence that it will have a negative impact on public safety, the Minister should generally grant an exemption.

I have a lot of questions. The court recognized the positive impact that supervised injection sites have had in east Vancouver, and its ruling was unequivocal:

InSite has saved lives and improved health without increasing the incidence of drug use and crime in the surrounding area.

I repeat, “without increasing the incidence of drug use and crime in the surrounding area”. The court is not the only one to say this. The Canadian Nurses Association agrees:

In Vancouver’s Downtown Eastside, where the Insite safe injection site is located, business owners, service providers and residents in the neighbourhood agree that the clinic has had a positive impact on the health of the people who use it and on the health of the community.

That is a fundamental aspect of this debate. While sites like InSite can improve the situation, the Conservatives want to ban them. The campaign of misinformation the Conservative Party launched just after the bill was introduced is proof enough.

As a health care professional, I find this bill mind-boggling. I want to add my voice to those of people in the field who have criticized this bill. The Canadian Nurses Association is concerned that:

...the conservative “tough on crime” ideology will overshadow evidence that demonstrates positive outcomes for communities with harm reduction programs.

The Canadian Medical Association had this to say:

The CMA fully endorses the existence of these harm-reduction tools, including supervised injection sites, and believes they should be included in a comprehensive national drug strategy. The CMA's position is founded upon clinical evidence. Bill [C-2], it would appear, is founded upon ideology that seeks to hinder initiatives to mitigate the very real challenges and great personal harm caused by drug abuse.

The CMA represents all of the doctors in the country. It added the following, which is even more critical of this government:

The unanimous decision [by the Supreme Court] was grounded in evidence, not ideology. The overwhelming clinical evidence is that centres like Insite save lives when it comes to some of our most vulnerable patient populations. In its ruling, the Supreme Court stated that “…the evidence indicates that a supervised injection site will decrease the risk of death and disease, and there is little or no evidence that it will have a negative impact on public safety, the Minister should generally grant an exemption”. What we are seeing today seems to contradict the essence of the ruling.

Harm reduction works. This method has proven to be effective. In Australia, a report on supervised injection sites found that one site had reduced the number of overdoses, reduced the spread of HIV and hepatitis C and alleviated safety concerns related to users shooting up in public places and the availability of clean needles. The report even indicated that the site served as a gateway to addiction treatment.

Mr. Speaker, if that is not improving safety in the community, I do not know what is.

Many countries now have supervised injection sites: Australia, Luxembourg, the Netherlands, Norway, Denmark, Germany, Spain and Switzerland, just to name a few. These sites work.

It is no wonder Montreal's director of public health recommended, in December 2011, that the city establish such a site in the greater Montreal area. He gave a number of reasons similar to the ones I just quoted concerning Australia's experience. Do you know why, Mr. Speaker? Because they are based on conclusive data that the Conservatives and the Minister of Health have patently decided to ignore. I will quote Montreal's director of public health:

The reasons that justify implementing SIS in Montréal are very succinct: the epidemic of infections caused by HIV and HCV, and the excess mortality among IDU [injection drug users]. Cocaine use, the drug most often injected in Montréal, is a major determinant of HIV transmission, as is sharing used needles. HCV infection is also having devastating effects: 7 in 10 IDU have been exposed to the virus and its transmission does not appear to be slowing. As for excess mortality among IDU, the data on hand indicate that the problem in Montréal is alarming.

I urge the government for once to do its job in the health field. Since the Conservatives took power, we have seen the federal government disengage from files where Canadians expect it to play a role. I am referring to the government's refusal to negotiate a new health accord with the provinces, the shortage of prescription drugs, and diluted chemotherapy treatments.

It is unbelievable and completely unacceptable for a bill such as this, which flies in the face of the Supreme Court ruling, to be introduced.