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.

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.”.

Respect for Communities ActGovernment Orders

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


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am wondering if my colleague would like to see a copy of some of the literature that his colleagues are bombarding my riding with. Here is one that is signed by 10 individual members of Parliament, all from Manitoba, who I guess are pooling their mailing privileges, which I thought was something we did away with. I thought the Speaker and the Board of Internal Economy prohibited this.

I hope my colleague is listening. The worst thing about it is that New Democrats believe that they are mining the Revenue Canada database to get this information. I will give an example.

A guy who works in my office received one of these letters in his mother's name. His mother only lived in his house for four months before she passed away. He filed her taxes from that address just once, and guess what? She got a personalized letter from the Conservative Party in her name at that address. Nobody in the Conservative Party should have known that Mrs. Morrison passed away living on Dominion Street. No one knew she was in that house. She was only there the last four months she was alive. How did the Conservatives find out?

Another one went to the Theule family. How did the Conservatives know? When anybody turns 18, they can change the personalized letter. It says, “Dear Gerrit and Jennifer”. Gerrit just turned 18. How do they know these things? They are misusing their mailing privileges by bombarding my riding under the signatures of Vic Toews, Merv Tweed, and eight others.

Respect for Communities ActGovernment Orders

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


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An hon. member

There is a crook.

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


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NDP

Pat Martin NDP Winnipeg Centre, MB

The only guy that has ever been convicted of electoral fraud in the Parliament of Canada is writing letters to my constituents on Government of Canada stationery and postage. It is wrong.

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


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Some hon. members

Oh, oh!

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


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The Acting Speaker Barry Devolin

Order, please. If members want to carry on a conversation about this, they can do so outside the chamber.

I would also remind all hon. members that questions and comments ought to relate to the matter that is before the House.

Questions and comments, the hon. member for Saint-Bruno—Saint-Hubert.

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 / 12:20 p.m.


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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I want to thank my colleague for her particular insight into this situation. Excuse the pun. I know that as a medical practitioner, she has first-hand experience in observing ways of treating addiction that show results and ways that do not. New Democrats made the distinction early on in our remarks that addiction and substance abuse is a health issue and should be treated as such, not a criminal justice issue.

Even Conrad Black, who I usually do not pay a lot of attention to, said that when he was serving time in an American prison for his fraud charges, 80% of the prisoners he was in there with did not belong in jail; they belonged in a rehabilitation or detox centre for their substance abuse issues. He said it was how they got there, they were not being treated there and they would be back in again because their health issues would still be a factor.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:25 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I would like to say I am very glad to be rising to speak to the bill, but I am speaking with a sense of sadness. This is the level to which the current government is descending in terms of its misrepresentation of facts, its willingness to leave people basically out on the streets to die and of course to play political games, attacking the Supreme Court, attacking the peer-reviewed medical communities and attacking medical authorities so it can make a few bucks for its Conservative war machine.

Twenty-five years ago, I spent a number of years working on the streets of the east end of Toronto in Riverdale. Twenty-five years later, my oldest daughter is back in the east end of Toronto working with the homeless. We sit down and talk. She was born in a house that we were running, taking in men coming out of prison and taking in addicts. Having a child in that house did marvels for restoring a sense of community and of helping to heal people. We have had people who came through that house who went on to live wonderful lives. I think of my dear friend Pierre, a lifelong heroin addict whom we managed to get out of prison and who ended up becoming the adopted grandfather of my children. He lived with us until he died in his 70s. That would not have been possible if there had not been opportunities in place to get him off the streets.

Twenty-five years later, my daughter is back working on the streets of Toronto. I would like to say that things are better, but they are not. Things have deteriorated, as far as I can see. We talk about the causes. Of course, many of the causes are sitting over on the front bench of the Conservative Party. They are all the former Mike Harris thugs, who are now in the House of Commons, who stripped social housing programs. Previously we could get men and women off the streets and into subsidized housing, but that is disappearing, particularly in Toronto centre, where we see more and more condos going up and more and more of the poor being put out onto the streets. We see the lack of health supports for these people on the streets. I talk with my daughter about the issue of addiction and what she faces with the people coming through.

In contrast to the Conservative Party and its dumbed-down attack machine that likes to show people the junkie sneaking through the child's bedroom window so they will give them some money so that the Prime Minister, whose office is under investigation for all manner of criminal activities, can defend them, what we see with junkies and addicts is a cross-section of society. What we are here to discuss today is not ideology. We are here to discuss the Supreme Court, to discuss the support of the Canadian Medical Association and peer-reviewed studies. This is on our side of the House. On their side is a cynical attempt to make money off the Conservative base with their expression “keep heroin out of our backyards”.

If we look at the evidence, we find that if we do not have a way of dealing with these street drugs, it will be in our backyards. When it is pushed underground, that is where we see the crime and the break-ins, and this is where we see the long-term effects. It is not just the overdoses and the deaths, but the hepatitis, HIV, and the other blood-related diseases that end up destroying people, sometimes who sober up and then many years later start to die from liver ailments and other problems that have been caused because they were not dealt with properly when they were on the street.

I would like to say this for the Conservatives who live in this fairy bubble that it is the 1950s: the drugs are in their communities. It is the fentanyl patches that young people are getting caught up in. It is the OxyContin addictions that went across our communities when they were over-prescribed by the medical authorities. It is the meth. These are drugs that are cutting across all manner of society. As my hon. colleague from Winnipeg Centre said, when you see the people who ask, who try to break the cycle of addiction, try getting them a bed in rehab, try getting them the support they need. If it is not there, the cycle becomes worse, and it becomes a cycle of crime.

What we need to do here is to put this in context. The Supreme Court called on the current government and laid down very clear rules for when there would be an injection site.

I personally have many problems with anyone using heroin under any circumstance. I find it is an anathema. However, what was agreed upon was that there had to be a way of constraining this to limit the damage. Therefore it is done with the community. It is done with proper oversight. It is done with support so that somehow these people can get off the addictions.

As they say in the 12-step program, and I spent many days at Alcoholics Anonymous with the men coming out of prison, to get them sobered up, there but for the grace of God go I. People who find themselves in this situation are not born to be criminals. They have medical problems that hit them, and it takes over their lives.

I will also say, having dealt with the Toronto police 25 years ago, and in talking with my daughter, who deals with the Toronto police today, that too often the police in Toronto, and in other cities as well, are the front line social and health care workers. They are the ones dealing with people who are in this crisis. It is a waste of their resources and a waste of our resources.

Do I believe that heroin needs to be stopped on the streets? I would do anything to stop heroin on the streets. However, to simply turn it into a fundraising tactic for the Conservative base is a complete abdication of the role of Parliament, which is to find out the best ways to limit the damage and start moving toward constructive solutions so that we can bring people out of the depths of addiction.

I would like to point out that my colleagues in the Conservative Party pride themselves on their lack of mercy. It seems to be their hallmark. They have zero tolerance for anyone. They love throwing people in jail. They love standing up on the back bench on any given day railing against the little punk who took the old lady's purse. However, when it comes to defending their own, oh my God, they have arms so wide they could fit around Rob Ford. That is how much they are willing to defend their own.

Here we have one of their close friends, a man who is a thug, who has disgraced a public office in this country and around the world, who has turned our nation into a laughingstock with his egregious use of crack cocaine, of all things, who was hanging out with drug dealers and criminal elements, and who is under investigation by the Toronto police.

We do not hear a peep out of anybody on that back bench. Oh, no, he is one of theirs. He is one of their pals. When we have the mayor of Toronto, the fourth-largest city in North America, the economic engine of Ontario, a mayor who has turned city hall into something that looks like a Hells Angels hangout, we hear nothing from over there. Oh, no, he is one of their boys.

The Prime Minister said that he was slightly concerned. The Minister of Health, who is helping to rally the troops to go after the poor addicts in downtown Vancouver, has so much concern for Rob Ford. Oh, my God. Then the Minister of Finance was tearing up about this thug. Poor little Robbie; he is one of our boys.

The Conservatives have no mercy for anybody else, but when it is one of theirs, like those in their office, like their senators under investigation for breach of trust, under investigation for fraud and bribery, they say that the Prime Minister cannot be held accountable; everybody else is accountable.

When we ask the Conservatives questions, we have to ask the Rob Ford kind of question: “Are you smoking crack right now? Did you smoke crack yesterday at three o'clock”?

You see how the Conservatives cannot stand up and be accountable.

This bill being brought forward by the government is an attack on the Supreme Court. It is an attack on attempts to save lives. It is being done not because the Conservatives really care about what happens to the junkies in downtown Montreal or Vancouver. It is so they can make a few bucks from their base. That is as dismal a political standard as I have ever seen in this country.

We will continue to stand up for smart policies, not dumbed-down policies. We will continue to oppose the government. It is mired in corruption and mired in criminal activity and would prefer to hang out with its Conservative gang members while going after victims on the street.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:35 p.m.


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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, I listened to the member intently. I would like to maybe educate him a little bit with regard to the use of heroin in my three years of drug work.

First, when people buy heroin, they trust the dealer they are getting it from. They trust that the percentage of heroin they are getting is actually not going to harm them. They know how much they need to take to get high.

The fact of the matter is that dealers, from time to time, like to play a game. They like to increase the amount of heroin in the point, just to watch someone overdose. I have seen that personally. It is not fun by any stretch of the imagination. I have watched people inject into places they should not be injecting into. The fact of the matter is that an injection site is not going to solve that. Everyone should know that.

My question to the member is this: if he is so intent on having injection sites to ensure that people inject safely, should we also ensure that the heroin is there so the amount these people can inject is controlled? What does the member have to say about that?

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:35 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I know a fair bit about heroin overdoses, having dealt with them on the streets of Toronto.

I would say that my hon. colleague, with all due respect, misrepresents or maybe misunderstands. The dealers do not try to get a kick out of watching someone overdose. What happens is that when new heroin comes out on the street that is of higher quality than is expected, that is when overdoses happen.

What my hon. colleague is suggesting as a medical solution is to let them go and die in an alleyway. That is the Conservatives' solution. What about the people on the fentanyl patch? We have seen those addictions. My hon. colleague is saying to let them go die in an alleyway.

What the Supreme Court and the medical authorities are saying is that this is happening now. That is the Conservatives' position: let them go die in an alleyway. It is happening now.

What we have seen in Vancouver is that by going into a safe site, medical authorities can watch them. I notice that on the other side nobody has talked about the fact that in Vancouver, there have been fewer deaths. The number of deaths has dropped substantially. However, they would rather play to their Conservative base and say, “let the junkies die in the alleyway”.

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November 21st, 2013 / 12:35 p.m.


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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I have been sitting in this House for the last year watching the Senate scandal unfold. I hear the Prime Minister speak every single day saying that the facts are crystal clear. If the facts are so clear, why do we keep asking the questions?

This is like when one tells their kids to clean their rooms. Six weeks later, we tell them to clean up their rooms. The fact is, the room has not been cleaned, and that is why we keep telling the kids to clean up their rooms.

The facts are very clear. The facts are on the side of researchers, public safety officials, and health officials. They see a benefit in having InSite in various communities.

Is this bill based on ideology or facts?

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:35 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, it is clear that this is an attempt to undermine the work of the Supreme Court, which laid out a clear test for what should be an InSite site. Our colleagues on the other side would misrepresent the facts so that they can make some bucks off their base.

I look at a government that promised that it would bring ethical standards. What do I see? I see the unprecedented situation of an RCMP investigation into the office of the Prime Minister. I saw 80 pages yesterday of police testimony that said again and again that it was the office of the Prime Minister that was interfering with an audit in the Senate. This audit was about the defrauding of the taxpayers of the country. Senator Gerstein, Senator Olsen, Senator Tkachuk, Pat Rogers, and Benjamin Perrin, who is the personal lawyer for the Prime Minister, were involved. Their names are there.

We are talking about attempting to whitewash fraud against the taxpayers. This is the Conservatives' idea of good representation. It is criminal behaviour.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:40 p.m.


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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I would just like to make a brief comment. It is curious that no Conservatives decided to rise to debate this bill. Is it because they realized that it is indefensible? I wonder why they decided to remain silent. I hope that one of my hon. colleagues on the other side of this House will be able to answer this question. I still have a few nagging doubts, though, because they do not have many arguments to use to defend their position.

That being said, this issue of public safety must go much further. We must ask ourselves some questions here: what is a government? What is a government for? What is the purpose of the Parliament that I am part of right now?

Its purpose is to serve Canadians. Its purpose is to help vulnerable people who unfortunately have not been as lucky as we have been.

What is a government for? It must do what it can to help the people who have unfortunately fallen into the vicious cycle of drugs at some point in their life. You can try to justify the situation or blame it on a number of things, but the fact is that this situation must be resolved and it is through initiatives of this kind that a government ensures that the most vulnerable people are able to recover.

A number of members have been in this House longer than I have, and I would have hoped for better from them. Why did we become members of Parliament? It is because fundamentally, deep in our hearts, we thought that we could hold out a helping hand to people in dreadful situations and that we could help them out. I am sorry, and far be it from me to lecture my colleagues about morality, but I believe a good member of Parliament must know the difference between the common good and his or her own personal opinions.

Every person in this House has personal opinions. We have opinions about abortion—we know, that debate is not going to be reopened—and about this kind of situation, the drug situation. That is okay. That is good. That is what makes us human beings.

We have values, principles and personal opinions. However, we are here as representatives of the people, and we make up a House of Commons. We do say “commons”, and I would like to point out that in the past the House was for the common people, the people representing the people. We are here today because we are the representatives of the people. Our values and our personal opinions are not any more important than the common good.

Working towards the common good begins precisely by recognizing that supervised injection sites not only contribute to public safety and help ensure that children, women and families are safer, but also help people overcome completely intolerable situations.

Why would the government, whose fundamental role is to ensure the safety of Canadians, while at the same time helping vulnerable people in extremely difficult situations, refuse to take on this role? I cannot express how disappointed I am right now that I have to make this speech to say that the public safety of Canadians is more important than mere political ideologies.

The Conservatives are trying to make us believe that supervised injection sites, which are internationally recognized as being beneficial to public safety for having reduced the number of deaths and crime rates, will not benefit Canadians. I am truly disappointed.

We know that the minister decided to give preliminary authorization to InSite on a trial basis.

Why would the minister want to give this kind of exemption if not to make it possible to conduct impact studies, to see if it works? Now that we know that this site has reduced the crime rate and the number of deaths, in addition to making the streets safer, why is it not being granted a second exemption?

The inherent role of Parliament is to provide assistance to vulnerable people. People who used InSite were twice as likely to enrol in a detox program and seek help than those who were left out in the street.

The Supreme Court stated, and I quote:

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.

I talked about fundamental justice at the beginning of my speech. Members of Parliament have an inherent duty to ensure that people get help. In 2008, Health Canada published a report indicating that since 2006, InSite had intervened in 336 overdoses and there were no deaths. This means that that site is saving the lives of Canadians. I cannot believe that a Conservative member can stand here today and say that this kind of site has no purpose. If it saves just one life, this kind of site has a purpose. Unfortunately, the government cannot say that this is not in the interest of Canadians. The government has a role to play in saving lives, making our streets safer and helping vulnerable people get by. It should not be standing in the way.

Based on observations made six weeks before and 12 weeks after InSite opened, the number of people injecting drugs in public had decreased. All the municipalities agree that this kind of site reduces crime. The European Monitoring Centre for Drugs and Drug Addiction has shown that injection sites reach out to vulnerable groups, are accepted by all communities and help improve the health of drug users and even reduce drug use among frequent users.

According to the Health Canada report, people who used InSite services were twice as likely to seek help and enrol in a detox program. I am repeating this because it is very important. This site has actually decreased drug use. Is that not what the Conservatives want—to reduce crime, make our streets safer, and most of all, decrease drug use? These sites exist all over the world and experts everywhere approve.

For example, The New England Journal of Medicine, The Lancet and the British Medical Journal have all said that these types of sites have positive outcomes. The Supreme Court also said that these sites are in the inherent interest of Canadians' security of the person and life.

I urge the Conservatives to understand that the role of Parliament is not to champion an ideology, but to open its heart to Canadians and help them. If we save even one life, the government cannot say that these sites are useless and serve no purpose. Canadian lives have been saved.

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:50 p.m.


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Cambridge Ontario

Conservative

Gary Goodyear ConservativeMinister of State (Federal Economic Development Agency for Southern Ontario)

Mr. Speaker, I want to thank my colleague across the way. I very much appreciate her passion.

When I was in college, I worked at a free clinic in downtown Toronto, and we dealt with everything from prostitutes who were beaten up and needed stitching, et cetera, to many types of addictions. Heroin is not the only addiction that causes physical and social problems. There are, of course, alcoholics and sex or gambling addicts. There are many other types of addictions.

If the NDP wants to go toward free clinics for injecting heroin for addicts and perhaps toward sex clinics and gambling clinics, or maybe for alcoholics there would be a place to get some free drinks, which I think we tried in the past, if the NDP wants to provide better access to those kinds of things, we think the community should have a say. That is the democratic way. Why is the NDP so soft on crime, so soft on heroin, and so tough on potato chips?

Respect for Communities ActGovernment Orders

November 21st, 2013 / 12:50 p.m.


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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I am truly saddened to have to reply to such an absurd question. As I just said, the inherent role of a government is to help people. Experts agree that this type of site has merit, works and helps people with a heroin addiction as well as other problems. We know that people who take drugs often have other problems. They have psychological or mental health problems. Experts say that these sites have been proven to save lives. People have been saved from the sort of lifestyle that goes with drug addiction and many types of problems. These people have gone to get help and their lives have been saved. I am disappointed to hear the member say that we are soft on crime and tough on potato chips. That is really ridiculous. Lives have been saved. I am disappointed to hear the minister say that we are soft on crime. Lives have been saved. To say that the NDP is soft on crime is completely absurd. We are talking about saving lives. We are not talking about criminals, we are talking about people with health issues. Lives have been saved and we must remember that. I am sorry, but the Conservative ideology should not stand in the way of saving lives.