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.”.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 5 p.m.


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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, it is always a pleasure to listen to my colleague from Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, because he always delivers passionate speeches. He does not do things by halves, and I commend him for his work in the House.

My question is simple. As my colleague knows, a Conservative fundraising activity was held through emails using the message “no heroin in my backyard”. That activity was based on Bill C-2, which is now before us. I wonder if the hon. member could give us his thoughts on this initiative.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 4:50 p.m.


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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, could you let me know when I have five minutes left rather than one minute? I fear that the 10 minutes I am allotted today will not leave me enough time to express how aggravating I find the government's approach to this issue.

That being said, I am pleased to rise in the House to discuss Bill C-2, An Act to amend the Controlled Drugs and Substances Act. I want to state clearly that the NDP will be voting against this bill at second reading. During the previous session, last June, Bill C-2 was known as Bill C-65. We are now coming back to the debate after a prorogation that was very costly for Canadian voters, as the government used it not to start on a new path, but to hide from its responsibilities during the Senate scandal.

I would like to clarify a few things for those who are honouring us by watching us on CPAC at home. Bill C-2 is a government bill. As it is now past 5 p.m., the House has already spent more than five hours debating this bill today alone, and not a single Conservative has spoken for 10 minutes in favour of the bill. Not a single Conservative has done so in five hours of debate on a bill introduced by their own government.

Like my colleague from Charleswood—St. James—Assiniboia, they just keep saying that supporting supervised injection sites makes the NDP an accomplice of drug pushers and who knows what. Their reasoning reflects their bad faith. According to their logic, social workers are also complicit in crime, as are the Supreme Court judges, who rejected the government's interference in supervised injection sites. Their childish, black and white thinking means that everyone in our society, except the Conservatives with their incredible ethics, is complicit in organized crime in Canada.

What is happening today is another example of the worst failure of the Conservative government: its unwillingness to fulfill its duties as the government, which include consulting. As shown by the lack of speakers and the lack of answers during question period, the Conservatives are breaking with the principle of responsible government. They are showing complete disregard for their duty to protect a vulnerable minority, in this case people who are addicted to hard, intravenous drugs. The government is disregarding the consensus among leading experts and even the decisions by the judges of our country's highest courts.

The contents of Bill C-2 and this government's attitude fit in with the Conservatives' appalling tendency to scorn what should be defended as state responsibilities, especially by a government leading a lawful society. This government will go down in the history books as being increasingly dogmatic and really, completely narrow-minded.

Bill C-2 addresses a truly sad reality. In fact, it tries to deny this reality. Politics is the art of the possible in a world that is never perfect. How can we know in an imperfect world if the decisions we make in this House as elected representatives are the best possible decisions? Well, we have to base our decisions on the real situation and implement changes that are likely to bring the least amount of harm to the largest number of citizens. That is what we are reduced to doing. It is our duty to ask ourselves if our actions and our decisions are likely to make fewer people suffer or make more people suffer.

Bill C-2 is a perfect example of a bill from a government that chooses to ignore its duty to make fewer people suffer, in spite of all the facts, in order to please the ideological perceptions of its supporters. This is evidenced by the debates and extremely negative press this government received when it launched its “Keep heroin out of our backyards” campaign. Coincidentally, this was in line with the court challenges brought against InSite.

It is important to get back to the facts, which are serious, striking, sharp and clear on this issue.

In 2011, the Supreme Court ruled that InSite, which is in Vancouver and is currently the only such site in Canada, provides an essential service. It was not the NDP or the nasty leftists who said so; it was the Supreme Court.

Over 30 peer-reviewed studies published in journals such as the New England Journal of Medicine, The Lancet and the British Medical Journal have described InSite as a very good thing.

As was previously mentioned, the InSite supervised injection site is located in Vancouver. Since this site opened, Vancouver has seen a 35% reduction in overdose deaths. The Conservatives have to remove their narrow little ideological glasses; they have to take them off at some point and see the world as it really is. The idea is to ensure that, beyond our ideologies, there will be fewer people who suffer as a result of our decisions. That is an idea.

Is it good news that we have to consider opening supervised injection sites in several major urban centres? No. Will not doing this cause exactly the opposite effect of what we should do, in other words, cause more human suffering? Yes. The proof is that there was a 35% decrease in Vancouver after the city started taking care of people struggling with serious addictions to intravenous hard drugs.

Vancouver has seen a decrease in crime, as well as the rate of infection of sexually transmitted diseases. This also means that the costs for a site like InSite may turn out to be zero. We need smart studies to look into this, not ideological perspectives. Indeed, if we leave these people in some back alley to inject drugs and catch all kinds of diseases, where will they eventually end up? In the health care system, that is where. These people end up costing a fortune to treat.

The Conservatives like to brag about their great economic skills, saying that they are the best in the G8, but they should take a good look and start calculating the costs of public services under their approach, which is bad.

In 2011, the Supreme Court of Canada ruled that the minister of health's decision not to renew the exemption and close InSite violated the rights of its patrons under the charter and that the minister's decision was arbitrary and undermined the very objectives of the Act, namely, public health and safety.

Once again, we heard the same two arguments that come back time and time again, that are completely childish and simplistic. I know my colleague is an intelligent man. I am quite sure that he is having trouble with his party’s talking notes, as we call them. He must have trouble believing the lines himself when he reads them. He must say to himself, “That cannot be right, that cannot be possible, we are not in grade 7”.

The other idea is that it would be detrimental to public safety, while even the Supreme Court concluded that such facilities were beneficial. That was clear with what happened around the only supervised facility currently in operation in Canada.

I heard another of my Conservative colleagues say that he had sent out a letter to his constituents and that most of the people who answered were against it. Among the people who worked to set up the InSite facility, the people of Vancouver, 80% of those asked who lived or worked in Vancouver’s downtown eastside supported InSite. They saw the benefit of not leaving people outside in the back lanes with all sorts of consequences—used needles on the ground and people who become ill—but having a safe area where there is a chance that some of them might recover from their addiction, or at least suffer a little less from it.

Injection drug users who go to InSite are 70% less likely to share needles. Again, it is about health and public safety. Of course, this is not a perfect solution. In an ideal world, I would like to live in a country where, for all sorts of reasons, because of the social systems, everyone has a perfect childhood and no one is addicted to hard drugs. But this is not the case. As a government, we must deal with the real situation.

The Conservatives’ hypocrisy on this issue, especially over the past few weeks, has been remarkable and incredible. The current health minister said that she did not judge Rob Ford and that she hoped he would receive some help. One week earlier, she said she wanted to ban prescriptions for heroin, which are supported by the doctors who help people who want to recover from their addiction.

Are we to understand that supervised crack houses would be acceptable to the minister, but that supervised drug injection facilities would not? Do you see how utterly nonsensical this reasoning is? Perhaps the Conservatives would agree to a supervised drug site reserved strictly for Conservatives. This is nonsense, and it must stop.

Let us make decisions based on facts and let us make sure that in Canada there are fewer, not more, of our fellow citizens who are suffering.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 4:35 p.m.


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NDP

François Choquette NDP Drummond, QC

Mr. Speaker, as a number of my NDP colleagues have done throughout the day, I will be speaking on Bill C-2, An Act to amend the Controlled Drugs and Substances Act.

At the outset, I would like to say it is quite astonishing that this bill was introduced by a private member. It is unbelievable that a bill that has such great importance for public health was introduced by a private member and not by the government. It is also clear that this government, having introduced the bill, has no members here to defend it today. As my colleague from Trois-Rivières said so clearly, it is as though the Conservatives were a little bit embarrassed by the bill, because they are not even standing up to defend it today. That is a shame.

We are going to vote against this bill for number of reasons. I listened to the statements by my colleagues who know a great deal about the issue, much more than I do. The primary reason for our opposition is that the bill failed to pass the test of the courts three times. It is also regrettable that taxpayers’ money, including money from the people in Drummond, was used to challenge an initiative like InSite, while the money could have been put to good use in public health prevention activities, for instance.

Once again, it is a case of mismanagement of public money by the Conservatives. Their work is always short-term. They do not have a long-term goal.

It is important to understand that a project like InSite aims at prevention and action intended to lower the crime rate. There should be fewer addicts, and these addicts could perhaps be directed to drug treatment programs, as my hon. colleague from Laval—Les Îles said so well in his speech, which I listened to carefully. He has done excellent work on this issue.

I am also shocked to see that the Conservatives are targeting the initiatives of a group of people who are doing their best to solve current problems in their area. InSite came from a community endeavour, from actions by citizens, by community groups and the health care sector, to respond to a real need. The problem had two components, the first was blood-borne and sexually transmitted diseases, and the second was crime and the waste products from drug use found in parks.

This problem has to be addressed because, as other members have already pointed out, it is also a health problem. It should not be seen primarily as a crime issue, but as a public health issue. From that point of view, using resources like InSite to make connections between health care and drug users does not work against efforts to control crime—far from it. Facilities like InSite are indeed combating crime. They are promoting prevention and providing supervision so that people can take the drugs on which they are dependent in a safe environment. This reduces the costs generated by hospitalization, which can be very substantial in many cases. These facilities also provide supervision so that people do not end up high in the streets. They thus reduce the crime rate. They may also refer them to detox facilities or programs.

As I said, what shocks me about this bill is that it attacks a community initiative. In Drummond, fortunately, there is no need for supervised injection sites. On the other hand, a number of organizations provide resources for people in the Drummondville area affected by public health issues, substance abuse, homelessness and so on. I would be shocked to see the Conservatives attacking community initiatives in my constituency designed to reduce crime, prevent problems, and promote public health and safety in our streets. That is, unfortunately, what I heard from the Conservatives when they deigned to speak. On the rare occasions when they did speak, it was to say that the NDP is opposed to public safety. On the contrary, community initiatives like InSite promote public safety.

I will take this opportunity to emphasize the excellent work done by community workers, volunteers and prevention caseworkers in Drummond. I have met with them on several occasions in my constituency office, and I am genuinely proud of them. They do an outstanding job preventing crime and ensuring that our young people have access to sports and recreational activities, and can go to youth centres and participate in activities. Communities that want to be strong and stable have to take charge. That is why I urge the Conservatives to withdraw the bill, which is harmful and at odds with the charter, has been contested in the courts, and does not promote public health. I therefore encourage the Conservatives to withdraw this bill, and show respect for communities and workers who are doing excellent work in the field to reduce problems such as substance abuse.

Something else that bothers me is that when the Conservatives introduced the bill, they launched a simultaneous campaign. I liked how my colleague from Montmagny—L'Islet—Kamouraska—Rivière-du-Loup explained earlier that the campaign was childish and simplistic. The Conservative Party launched the “Keep heroin out of our backyards” campaign. The campaign would have the public believe that if we shut down places like InSite, heroin will magically disappear from their streets. That is simplistic to the point of being demagogic. It is sad to see them resorting to such arguments.

The exact opposite will happen, as many of my colleagues and I have pointed out today. People will be left to their own devices, which will lead to public health, crime and safety problems. We will also see more concerns about our young people. If we want to look after our young people and our community, we need to encourage initiatives like InSite.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 4:20 p.m.


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NDP

Craig Scott NDP Toronto—Danforth, ON

What I would like to speak to is exactly what my hon. member is shouting about from across the way, a little bit about constitutional law and the constitutional values that are impacted by this bill.

Let me begin by mentioning that in 2011, the Supreme Court of Canada, in the PHS Community Services case, did make clear that section 7 of the charter, 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, did apply.

Health and life itself are at stake when the federal government decides to treat as criminal, under federal jurisdiction over criminal law, a health initiative by a province. This decision to treat it as criminal, and in that way not permit the provincially approved activity, occurs by way of the Minister of Health declining to grant an exemption from the ordinary application of, in this case, the CDSA, the Controlled Drugs and Substances Act.

The Supreme Court ruled that the government had indeed violated the charter in the following terms. Let me please read the key paragraph, which is paragraph 136 of that judgment:

The Minister made a decision not to extend the exemption from the application of the federal drug laws to Insite. The effect of that decision...would have been to prevent injection drug users from accessing the health services offered by Insite, threatening the health and indeed the lives of the potential clients. The Minister's decision thus engages the claimants's s.7 interests and constitutes a limit on their s.7 rights. Based on the information available to the Minister, this limit is not in accordance with the principles of fundamental justice.

It is arbitrary, undermining the very purposes of the CDSA, which include public health and safety. It is also grossly disproportionate. The potential denial of health services and the correlative increase in the risk of death and disease for injection drug users outweigh any benefit that might be derived from maintaining an absolute prohibition on the possession of illegal drugs on InSite's premises.

I would remind everybody in this House today that this was a unanimous decision by the Supreme Court of Canada. I would also note two key shorter passages, which I will turn to briefly, that make clear that the combination of the legal effect of section 7 of the charter and the guidance for the exercise of discretion in the CDSA itself means that ministerial discretion is not unfettered. It must be undertaken in accordance with the rule of law, which refers, of course, to both the Constitution and the statute itself.

Let me draw everybody's attention to the last sentence in paragraph 151, which says:

As always, the minister must exercise that discretion within the constraints imposed by the law and the Charter.

The court then goes on, in paragraph 152, to say:

The dual purposes of the CDSA—public health and public safety—provide some guidance for the Minister. Where the Minister is considering an application for an exemption for a supervised injection facility, he or she will aim to strike the appropriate balance between achieving the public health and public safety goals. Where, as here, 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.

The court went on to order the minister to grant such an exemption in this case, which leads us, of course, to the present bill, which is, in effect, an attempt to do either an end run around the Supreme Court judgment or to perhaps even overturn and resist that judgment.

Now, it may be that the government is hoping that it can do an end run around, or even circumvent, the Supreme Court judgment by downplaying, in the new amendments to the CDSA, references to the positive health effects of a system like the injection site system and to public health, despite the fact that public health remains one of the two purposes of the CDSA. They cannot get away from that.

Also, the Conservatives have written into the act that in the final analysis, when the minister ultimately decides whether she is going to accord an exemption, this is to be done only in exceptional circumstances.

The government may think that by writing the law in this way, it would escape the scope of the Supreme Court ruling. However, the government would really be throwing the question back to an inquiry that will eventually end up in the courts over whether the amended act itself violates section 7 of the charter for totally failing to give the health of users the kind of priority that section 7 of the charter would suggest is necessary.

Here I would like to believe that the Minister of Justice has had thorough advice from his officials on the constitutionality of the bill so as to exercise the duty he has under section 4.1(1) of the Department of Justice Act.

Regrettably, we have all come to learn in the last year that the standard of review that goes on in the Department of Justice these days, and perhaps for longer than we realize, borders on the farcical. A whistleblower has come forward to tell us that instructions have been sent to lawyers to say that if there is a 5% chance that a provision or law would pass muster in the courts under the charter, then it is fine to recommend that it go ahead as being constitutional from the perspective of introducing the law.

I have no confidence at all that the mere fact that this is before the House means that some kind of analysis has been undertaken that suggests that it is presumptively constitutional. Under the current government, that is not the case.

Apart from the fact that on the face of the text it might be unconstitutional, there are two other ways in which the bill would almost certainly be found constitutionally suspect.

The first is that the very intention of a statute under our constitutional law, of course, cannot be to infringe upon a constitutionally protected right. Here, and very unusually, there is every sign that the very intent of the government is, in fact, to block approval of any safe injection site anywhere in this country.

Now, it is very rare for courts to find such direct intent to actually infringe a right, but in the situation at hand, judges will find a good deal of evidence, including in speeches made prior to this House rising for a break and in speeches made by Conservative members of Parliament. It can also be found, I would say, by inference from two things. In clause 5 of the bill, there is a listing of no fewer than 26 criteria the Minister of Health would need to consider by way of information sources if he or she was going to grant an exemption. It is not just 26; a number of these have subsections. Well over 30 separate kinds of detailed information would have to accompany an application for such a safe injection site before the minister even decided whether she was going to look at the issue.

There is also the excision of all public health references and individual health benefits from the guiding principles listed in proposed subsection 56.1(5) of the amended act.

The second thing that might cause this to be looked at suspiciously, from a constitutional point of view, is that there is a constitutional principle of fundamental justice under section 7 according to which it is unconstitutional to hold out a defence or an exemption from a criminal law prohibition if that defence or exemption is arbitrary or illusory. Such a defence or exemption is arbitrary if it is available to some but not to others. This was essentially part of the basis for the Morgentaler ruling. A defence or an exemption is illusory if nobody will be able to access the defence or exemption or where access is so uncertain or unlikely that the defence or the exemption is essentially unavailable.

On that basis alone, given the structure of Bill C-2, I would go so far as to predict that there will be courts finding that it is unconstitutional under section 7 of the charter.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 4:20 p.m.


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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, I am privileged to rise to speak to Bill C-2, which I believe bears the short name of safer communities act, or something along those lines.

Once we get to committee, we will likely be wanting to move an amendment at the clause-by-clause stage. I think a more appropriate new name for the bill might be “an act to make it look like communities will be made safer by spreading drug users to the alleys, parks, and backyards of our cities while simultaneously undermining public health and individuals' rights to security of the person and life itself”. To me, that would be a much better title for this bill.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 4 p.m.


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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I would like to thank my colleagues and apologize first off: I am really going to try my very best to freshen up the debate by presenting the same facts in a new light.

It is now clear that we have been discussing Bill C-2 for three or four hours, and I am the 12th or the 13th speaker for the NDP. Obviously, we have a shared vision of the whole thing, because that is what we have been talking about.

In the House of Commons, the place where all debates to enhance draft legislation should be held, the Conservatives are using one of two strategies: they either systematically gag the opposition, to reduce members’ speaking time in the House, or else they give us what we are getting today, nothing but silence from the Conservative members, who are probably now well aware that they have introduced a bill that is completely indefensible.

This government has lost the basic quality that allows any ruling class to claim that it is working on behalf of the people it represents. That quality is the ability to listen. I would even go so far as to say that it is especially the ability to listen.

Encased in its guiding ideology, the Conservative government is showing once again, with Bill C-2, that the Conservative way of thinking overrides reflection, analysis, any empirical findings, the desire of the majority of Canadians to do things differently, and even rulings handed down by the highest court in the land, the Supreme Court.

By way of introduction, I would like to remind members that in 2008, when InSite’s exemption was about to expire, the minister refused to renew it. The incident prompted a series of court cases that revealed how, even then, the Conservative government was on the sidelines of a society that was looking for solutions and ways to provide assistance to people who were dealing with many different issues.

To use a baseball metaphor, everyone would understand quite quickly that, after three strikes, the batter is out. However, in the Conservative ideology, that is not the case: either you believe or you die. After a defeat in the British Columbia Supreme Court, a second defeat in the B.C. Court of Appeal, and finally, a rejection of its case in the Supreme Court of Canada, the Conservatives are still ignoring the consensus among the majority of Canadians, to try to satisfy its voter base so that it will line the Conservative coffers again, I guess.

Do not forget that in 2011, this same government—elected with just 39% of the vote from the 60% of the population that voted—claimed to have been given a strong mandate. We can see that the government does not really understand what it means to consult a majority.

However, I feel it is crucial to remind the House that in 2011, the Supreme Court of Canada ruled that the minister's decision to close InSite violated the rights guaranteed by the charter and that it was arbitrary, going against the very objectives of the act, particularly with regard to health and public safety.

The court based its decision on section 7 of the charter, which states that:

7. Everyone has the right to life, liberty and security of the person...

That means that even if someone uses drugs, they have the right to life, liberty and security of their person.

Continuing with the quotation:

...and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

No matter, if the law does not allow the Conservatives to do as they see fit, they will change the law. That is basically what Bill C-2 is doing. This is not the first example of this style of governance, which has practically become a trademark of this government. It seems to think that democracy and democratic institutions are a hindrance and a burden to be contended with.

While the NDP recognizes the sensitive nature of the permits granted to organizations such as InSite, we firmly believe that these decisions need to be based on proven facts and expertise.

How can the Conservatives scrap the results of no fewer than 30 studies published in journals with recognized credibility, including the New England Journal of Medicine, The Lancet and the British Medical Journal?

How can they ignore the studies of sites similar to InSite in European countries and in Australia, which are not exactly developing countries? How can they push under the carpet the very telling results obtained by InSite? There is only one answer to all these questions: you have to see things in absolute terms and reduce complex problems to a simplistic black and white. For the Conservatives—I have said this about numerous bills, and it remains applicable today—everything is black and white. The good guys are on one side and the bad guys on the other; white on one side and black on the other; drug users on one side and sober people on the other; better still, the Conservatives on one side and the rest of the world on the other.

The campaign launched a few hours after Bill C-2 was introduced is a wonderful illustration of this narrowness of mind. When a slogan like “Keep heroin out of our backyards” is used, you quickly understand that for those opposite, the ability to offer a measured response to a many-sided problem is completely non-existent. It is the not-in-my-backyard argument to the power of 10.

If my remarks were designed to convert my friends opposite, it would be rather like a voice crying in the wilderness. However, through the media, I know that some people are trying to gain a clearer idea about this bill and the pros and cons associated with a facility like InSite. The silence of the Conservatives with regard to their own bill readily demonstrates the paucity of facts underlying their position.

I will take the liberty of quoting a few statistics to show the benefits of an approach like InSite's to public and individual health and the impact on public safety, which is often the blockbuster argument.

Between 1987 and 1993, the number of deaths by overdose in Vancouver rose from 16 to 200 a year. If that is not enough to indicate a problem requiring a solution, I have to wonder what it would take. In Vancouver East, however, since InSite opened, the rate of deaths from drug overdose has fallen by 35%. A reduction of 35% from 200 deaths means some 70 deaths avoided in a few short years.

Over a one-year period, moreover, 2,171 users of InSite’s services were referred to addiction counselling. That means a similar number of people who may get off the streets and resolve their problems, because they have been taken in hand by community resources.

While we cannot quantify it, there has been a significant drop in the number of discarded needles on the streets or in parks. This contributes to the safety of all citizens, particularly children who often play in parks.

A number of studies have focused on the negative impact of injection sites such as InSite, but none was able to show evidence of harmful effects on neighbouring communities.

Moreover, studies conducted by the European Monitoring Centre for Drugs and Drug Addiction show that supervised injection sites have significant benefits. For example, they reach out to vulnerable groups and they are accepted by communities. That is indeed the case. Of course, some educational efforts are necessary, but it is possible.These sites also help improve the health of people who use them and they reduce drug use in public places. If that is not a major component of public safety, I wonder what we are talking about. As I mentioned, these sites also reduce overdose deaths.

However, it does not take a rocket scientist to see that the Conservative logic puts in place procedures aimed at deterring the individual or the organization from fulfilling the stated mission or objective, if they want to open such a centre.

In this regard, Bill C-2 is no exception to the methodology developed by the Conservatives, as in the case of employment insurance for example. Accessibility is cut back, controls border on the inquisition, and it is increasingly difficult to have individual rights recognized. The result is that people get discouraged by all these obstacles and they simply get out of the system. This may improve statistics, but it does not address the situation of workers or, in the case of this legislation, of people struggling with substance abuse.

Since I am running out of time, I will move on to the conclusion right away.

Obviously, I am adding my voice to those of my NDP colleagues to strongly oppose this government's approach and this foolish binary vision of the world.

While the Charter of Rights and Freedoms provides that all people are born equal, we know that we cannot hide behind such a declaration to avoid seeing our reality.

Our society is made up of individuals with very diverse life experiences, and our ability to live together harmoniously rests on being able to extend our hand to those who suffer, without passing judgment on the events that led them to this situation.

I will be voting against Bill C-2.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 3:35 p.m.


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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I want to begin by making it clear that the NDP and I oppose Bill C-2. The bill is a thinly veiled attempt to arbitrarily shut down InSite. Beyond Vancouver's Downtown Eastside, Bill C-2 would make it next to impossible to open a safe injection site anywhere, no matter how desperately a community may need one, no matter how much suffering exists.

It is not pleasant to think about intravenous drug use. However, it exists, and it is happening on a scale that makes it a public problem in need of a public solution. Bill C-2 is a move in the wrong direction and will only exacerbate the problem further.

There are approximately 100,000 Canadians who say they have injected themselves with drugs like cocaine, heroin, OxyContin, and crystal meth. Bill C-2 does nothing to help Canadian drug addicts. It does nothing to address this as a public health issue.

Though the short title of the bill is “respect for communities act”, we must make no mistake that this legislation will hurt our communities. The title is the usual Conservative Orwellian newspeak, meant to pretend that the government is acting positively. If Bill C-2 is passed and communities that need supervised injection sites cannot build them, where does the government want drug users to go? There certainly has not been any real answer articulated on that question.

Let me tell members about the impact that Bill C-2 will have. It will push drug users into our communities, into the alleyways, on to our town streets, and into our neighbourhood parks. There will be nowhere else for addicts to go but to the public spaces in our communities.

One year after InSite opened, there was a significant drop in the number of people injecting on the streets and much less injection-related litter, such as discarded syringes. If for no other reason than to keep intravenous drug users off the streets of our communities, we need supervised injection sites like InSite. The element of protection that these sites provide is not just for the drug users but for the community at large.

We must also remember that supervised injection sites facilitate contact between drug users and those specialists who can help them to get off drugs or become sober. InSite has proven that its frequent patrons are one and a half times more likely to eventually enrol in detox programs.

Standing in the way of supervised drug injection sites means standing in the way of helping people to get sober and kick dangerous habits. Therefore, I wonder why the government is so hostile to supervised drug injection sites. Does it want an increase of unsupervised drug users? Perversely, could it be that the government wants to fill its prisons with drug addicts? For those who mindlessly support the prospect of more prisons, the prospect of more full prisons must be quite satisfying.

Bill C-2 does nothing to stop drug use or encourage sobriety. It does not deter Canadians from injecting themselves with drugs. Denying Canadian drug addicts access to supervised injection sites unfortunately denies the people who use drugs a safe and clean way of doing so. We do not have to condone drug use to see the benefit of supervised injection sites. We must face reality. Drug addicts use drugs. The least we can do is to reduce the harm around this activity and try to steer addicts toward help. They deserve this offer of help. There is no such thing as a throwaway human being.

It is not an exaggeration to say that access to facilities such as InSite is a matter of health and safety, life and death. Let me remind members that in 2011 the Supreme Court ruled in support of InSite. The Supreme Court told the federal government that it could not inhibit safe injection sites from operating. The ruling was based on section 7 of the charter. Therefore, according to the Supreme Court of Canada, legislation such as Bill C-2 is against the fundamental right to life, liberty, and security. The people in this chamber demand those rights for themselves. Why on earth would they deny these rights to others?

Elsewhere in the world, safe injection sites operate in 70 cities in six different European countries and Australia. Safe injection sites reduce harm. They improve a community's public health, reduce disease and have absolutely no negative impact on public safety. In fact, they enhance public safety, all the while preserving human lives. These are the lives of people who are someone's brother or sister. They are people who were once beloved children, cherished family members. They were not always drug addicts. These are the lives of people who deserve to be saved and respected and who deserve to be healthy and safe.

Vancouver's Downtown Eastside has been described as home to as many as 5,000 injection drug users. Despite being drug users, these 5,000 people remain Canadians, much to the chagrin of the current government. Even if we do not agree with their life choices and drug use, the government must not abandon them. They are Canadians. They are human lives, and they are vulnerable. If their government is able to help, it is morally obligated to do so. However, Bill C-2 does not help; in fact, it hinders.

In Vancouver's Downtown Eastside, InSite has made a positive difference. Human lives have been saved since InSite first opened. The number of accidental drug overdose deaths has been reduced by 35. Those who use InSite once a week have been shown to be 1.7 times more likely to enrol in detox programs than those who visit infrequently. Injection drug users who use InSite are 70% less likely to share needles. Reduced needle sharing is an internationally recognized best practice to reduce the rate of HIV-AIDS and various other diseases. Finally, InSite patrons are more likely to seek medical care through the program, which results in fewer emergency room visits and improved health outcomes. It might also be of interest to the Conservative government that fewer emergency room visits equal cost savings to our health care system.

This is just a smattering of InSite's positive impact. This impact has been proven in over 30 peer-reviewed studies, published in journals like the New England Journal of Medicine, The Lancet and the British Medical Journal. Further, the experts at the Canadian Medical Association and the Canadian Nurses Association are also against Bill C-2.

I implore the government to listen to the science, to Canadian doctors and nurses, and abandon Bill C-2.

InSite does good work. It must be allowed to continue to operate. More than 80% of people surveyed in Vancouver's Downtown Eastside want it to continue to operate. Will the Conservative government listen to the only community in Canada that currently has a supervised injection site? Will it listen to the people of Vancouver's Downtown Eastside and respect what they want because they support InSite?

We can only ask why the government refuses to respect the scientific and medical communities that support safe injection sites. Why does the government want to abandon those who have been so vulnerable and unfortunate as to become drug addicts? Why does the government not understand that safe injections sites are part of a community harm reduction strategy? Such sites improve the community for everyone who lives alongside drug users.

Bill C-2 goes against all scientific evidence and experts who show that supervised injection sites reduce harm. The bill goes against the charter and the Supreme Court of Canada, and the Conservative government goes against the moral obligation to reduce harm to drug users.

We must not give up on people, even if they seem to have given up on themselves. Without solutions to address substance abuse, we must at least try to implement harm reduction strategies.

We must not abandon people, particularly when they are in despair. Without a solution to drug addiction, we must, at the very least, try to implement harm reduction.

For these reasons, the New Democratic Party and I oppose Bill C-2.

As a sideline, the Heinz company just announced the closure of its plant in Leamington. U.S. Steel is shutting down in Hamilton. In my town of London, Ontario, we have lost far too many good-paying jobs. Despite all that, the Conservative government chooses to assault the vulnerable instead of focusing on the economy and the good jobs that we need to support families and communities.

I rest my case.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 3:20 p.m.


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NDP

François Pilon NDP Laval—Les Îles, QC

Mr. Speaker, I am pleased to rise today in the House to debate Bill C-2, An Act to amend the Controlled Drugs and Substances Act.

The bill before us today brings into sharper focus what is happening under this Conservative government. This bill is driven solely by ideology and completely ignores the facts. That is nothing new for the Conservatives. Bill C-2 is nothing more than a thinly veiled attempt to put an end to supervised injection sites.

As we have seen routinely for some time, this government has no qualms about introducing bills that disregard recent rulings by the highest court, the Supreme Court of Canada. In fact, in 2011, the Supreme Court ruled that InSite provided essential services and had to remain open under the exemption set out in section 56 of the Controlled Drugs and Substances Act. The Court also ruled that the charter authorized users to access InSite services and that the provision of similar services should also be authorized under the same exemption.

In addition, a number of studies published in major scientific journals, such as the New England Journal of Medicine and the British Medical Journal, describe the benefits of the InSite supervised injection facility.

We have noticed over the past few years that the Conservatives are not fond of scientists who express their opinions, particularly when those opinions are critical of the Conservatives or when they go against the Conservatives’ ideology.

A government’s mission is not to muzzle scientists or to gag members of the House of Commons a record number of times. The government’s role is to take note of the facts and, on the basis of those facts, make the best decisions for Canadians. With Bill C-2, the government is again falling into the embarrassing trap of grandstanding and ignoring facts that clearly prove that supervised injection facilities like InSite have a wide range of benefits for the general public.

Just a few hours after introducing Bill C-2, the Conservatives launched a campaign called “Keep heroin out of our backyards”, designed to rally grassroots support and, once again, to fuel the public’s unfounded fears about safety. I am really looking forward to hearing the arguments they make to the Standing Committee on Public Safety and National Security.

Let us just take a few moments to think about this seriously. Are the Conservatives really so keen on magical thinking that they believe that, if InSite were closed, heroin use would automatically disappear? I hope their cognitive reasoning is a little more advanced than that. The reality is that, after the closure of supervised injection facilities, heroin use would not disappear but would once again be widespread in neighbourhoods and could at that point become a real danger for the general public. This is the exact opposite of what the Conservatives are claiming.

This is a fact. Let us forget the Conservatives’ ideological inflexibility that results in the exact opposite of what they claim, and talk about the facts, the real facts, about InSite and the positive benefits of supervised injection facilities.

The InSite project was set up as part of a public health initiative by the Vancouver Coastal Health Authority and a number of other community partners following a 12-fold increase in the number of overdose deaths in Vancouver between 1987 and 1993. Over that seven-year period, the Vancouver area also saw a disturbing increase in the rate of blood-borne diseases, such as hepatitis A, B and C and HIV/AIDS, among injection drug users.

In 2003, InSite secured an exemption under the Controlled Drugs and Substances Act for activities with medical and scientific applications, in order to provide services and conduct research into the effectiveness of supervised injection facilities.

In 2007, the Onsite Detox Centre was added at the same location.

In 2008, InSite's exemption expired. The Minister of Health denied its application for renewal, in a portent of the bill now before this House.

The Minister of Health's decision triggered a series of court cases, following which the British Columbia Supreme Court found that InSite had to be given a further exemption. The Conservative government appealed that decision, but lost its appeal in the British Columbia Court of Appeal, which also found that InSite should remain open.

Finally, in 2011, the Supreme Court of Canada ruled that the Minister’s decision to close InSite violated its clients’ charter rights, was arbitrary, and was contrary to the very purpose of the Public Health and Safety Act. In the NDP, we believe that government decisions should be made in the best interests of the public, and not in accordance with an ideological stance.

Evidence has shown that supervised injection sites are effective in reducing the risk of contracting and spreading blood-borne diseases and overdose-related deaths. It has also shown that such sites are not bad for public safety and that in many cases, on the contrary, they promote it by reducing drug injection in public places, the associated violence, and the waste materials that result from drug use. They also make it possible to strike a fair balance between public safety and public health and to connect users with the health care and drug treatment services they need in order to escape the hell of drug use.

In this case, the facts are clear and unequivocal. Between 1987 and 1993, before InSite opened, the number of overdose-related deaths in Vancouver rose from 16 to 200 a year. Since it opened, the number of overdose-related deaths in east Vancouver has fallen 35%.

For our Conservative friends who believe that InSite is a dangerous place that poses a threat to the public, here are some more facts. Over a one-year period, 2,171 InSite users were referred to addiction counselling and other support services. People using InSite's services at least once a week are almost twice as likely to enrol in a detox program than those who visit only occasionally.

There was a very significant drop in the number of discarded needles, injection-related waste materials and people injecting themselves with drugs, just in the year following the opening of InSite. It was found that 80% of respondents living or working in Vancouver's downtown east side support InSite. A number of studies have looked at the possible negative impact of InSite. Not one produced any evidence of harm to the community.

The facts are clear. An initiative like InSite is a step in the right direction in terms of public health and public safety. In contrast to what the Conservatives claim, it gets drugs off our streets and moves them to supervised sites where people are attended to and strongly encouraged to explore the possibilities for drug treatment and social reintegration.

That is why we will be voting against Bill C-2, which is based—as is all too often the case on the other side of the House—on magical thinking, rather than facts.

The House resumed consideration of the motion that Bill C-2, An Act to amend the Controlled Drugs and Substances Act, be read the second time and referred to a committee, and of the amendment.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 1:55 p.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, it is clear that this government has always governed with blinkers on and consults neither the public nor the appropriate experts.

We also know that Bill C-2 flies in the face of the Supreme Court's 2011 decision, which called upon the minister to consider exemptions for supervised injection sites as a way to reconcile public safety and health issues.

As we can see, the Conservatives have no respect even for the Supreme Court. We therefore hope that they will come to their senses, look at the facts and change their position on Bill C-2.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 1:45 p.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I am happy today to talk about Bill C-2, formerly known as Bill C-65.

I am pleased to have an opportunity to denounce this bill, which is intended to terminate the operation of supervised injection sites: nothing more, nothing less. It is in direct opposition to a decision the Supreme Court handed down in 2011.

This is a bill that betrays the irrational ideology of the Conservatives, who believe that repression is the only way to deal with this scourge.

We are not the only people in the world to have considered this issue. There are more than 70 cities worldwide that have supervised injection sites. They are found mainly in Europe and Australia. In Canada, there is but one supervised injection site: InSite, which opened in 2003.

In order to use the services of InSite in Vancouver, users must be at least 16, sign a user agreement, comply with a code of conduct and not be accompanied by children. Users bring their own substances, and the staff provide clean injection equipment. Emergency medical aid is available if required, and expert staff are on site to provide health and social service support.

In addition to providing services to drug users in order to minimize the impact on their health and on public health, InSite conducts research on the effectiveness of supervised injection facilities.

This injection site has already demonstrated its effectiveness by significantly reducing deaths by overdose. It is estimated that overdose deaths in Vancouver have decreased by 35% since the site opened. In addition to reducing overdoses, the facility helps to reduce the rates of communicable diseases among injection drug users. I am referring to hepatitis A, B and C and HIV/AIDS, for example.

Ever since it was established by the Vancouver Coastal Health Authority and its community partners, this public health project has generated controversy. Those who believe only in repression saw it as an encouragement to use drugs.

At first, the site was able to open because it was given an exemption under the Controlled Drugs and Substances Act to operate for medical and scientific purposes. In 2008, the exemption for InSite expired and the health minister denied InSite's application to renew it. This decision triggered a series of court cases, which led to the B.C. Supreme Court decision that InSite should be granted a new exemption. The federal government then appealed this decision. One after the other, the B.C. Court of Appeal and the Supreme Court of Canada ruled that the closure of InSite violated the rights of its patrons under section 7 of the Charter of Rights and Freedoms, which provides that 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.

I would like to quote from the 2011 Supreme Court decision effectively demonstrating the Conservatives' bad faith in this case, as follows:

[The minister's decision to close InSite] is arbitrary...because it undermines the very purposes of the CDSA—the protection of health and public safety.

I would also like to quote another excerpt from that decision:

The infringement at stake is serious; it threatens the health, indeed the lives, of the claimants and others like them. The grave consequences that might result from a lapse in the current constitutional exemption for Insite cannot be ignored.

Furthermore, the Supreme Court decision does not just concern InSite. It opens the door to new similar sites, and I quote:

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.

This ruling by Canada’s highest court has led public health agencies throughout the country, including the Agence de la santé et des services sociaux de Montréal, to consider opening supervised injection facilities.

After being turned down twice by the courts, the Conservatives are now trying to get around the Canadian Charter of Rights and Freedoms, as well as the Supreme Court judges, by using Bill C-2 to amend the act.

The Conservatives are acting in a way that is just as reprehensible as the bill itself. Some people go so far as to say that this is hypocritical.

As we saw in this House during the previous session of Parliament, the Conservatives’ strategy is plain: to increase the number of requirements that supervised injection sites will have to meet before the department will grant an exemption. These many requirements will make it much more difficult for agencies to open supervised injection facilities in Canada. The Conservatives are so ideologically pigheaded that it is pathetic.

In this House, my colleagues have often heard me say how important it is to base political decisions on fact. Unlike the Conservatives, I have looked at the facts. I have found that 80% of the people questioned, who live or work in Vancouver’s Downtown Eastside, support InSite, primarily because there has been a significant drop in the number of needles discarded and the number of people injecting drugs on the street.

I can cite other figures and percentages. The rate of overdose deaths in East Vancouver has fallen by 35% since InSite opened. It has also been noted that injection drug users who go to lnSite are 70% less likely to share needles. In one year, 2,171 Insite users were referred to addiction counselling or other support services. Unlike repression, lnSite does not marginalize drug users and does not force them into isolation. These are figures that I think are pretty convincing.

There are more than 30 peer-reviewed studies, published in major scientific journals such as the New England Journal of Medicine, The Lancet and the British Medical Journal, that describe the benefits of InSite. Furthermore, there are other studies that show the positive impacts of more than 70 supervised injection sites that are similar to Insite.

In summary, I think that the science and the evidence are quite clear: supervised injection sites promote public health because they reach vulnerable groups and are accepted by the community. They make it possible to improve the health of their users and reduce high-risk behaviour, in addition to lowering the number of overdose deaths and reducing drug use in public places.

Above all, I believe that safe injection sites make it possible to strike the appropriate balance between public health and public safety. Furthermore, the sites give people who need help access to the necessary health services, such as primary health care and drug treatment services.

Front line workers have been clear: supervised injection sites are necessary. Pivot Legal Society, the Canadian HIV/AIDS Legal Network and the Canadian Drug Policy Coalition issued a joint statement about the bill, which reads:

This bill is an irresponsible initiative that ignores both the extensive evidence that such health services are needed and effective, and the human rights of Canadians with addictions.

It is unethical, unconstitutional and damaging to both public health and the public purse to block access to supervised consumption services...

Respect for Communities ActGovernment Orders

November 18th, 2013 / 1:40 p.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I thank my hon. colleague for her speech.

I wonder if she could provide some figures that support our position on Bill C-2. Can she talk about the fact that such sites reduce harm as well as the risk of people injuring themselves? Can she tell us about people who agree with our position?

Respect for Communities ActGovernment Orders

November 18th, 2013 / 1:30 p.m.


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NDP

Sana Hassainia NDP Verchères—Les Patriotes, QC

Mr. Speaker, before I begin my speech, I would like to set the record straight. Are the Conservatives aware that, in September 2011, the Supreme Court ruled in favour of InSite? The court noted the effectiveness of the site and the very need for it in Vancouver's east side. I do not understand why we are still debating a law that will ensure that these kinds of organizations will not be able to exist in Canada.

Let us put this in context. We should begin by talking about what is happening in that Vancouver neighbourhood—and many other Canadian cities, I might add—and then try to understand why a place such as InSite is critical to the safety of the neighbourhood and why it is beneficial.

Vancouver's downtown east side is home to some of the poorest and most vulnerable people in our country. There are nearly 4,600 intravenous drug users there, which represents approximately half of the entire city's intravenous drug users. That is significant. That proportion is not at all reflective of the actual size of the neighbourhood, which is very small and has few houses. There are various factors that contribute to the high concentration of drug users in that area of the city. We could talk about the numerous rooming houses, the deinstitutionalization of people with mental health issues, the effects of drug policies throughout the years and, of course, the availability of illicit drugs on the street.

Before InSite came about, the things you could see on the streets were mind-blowing: people sitting on the ground or sitting on steps, putting on a tourniquet and shooting up. That was a common occurrence in this neighbourhood. Drug addicts come from all kinds of backgrounds, but the one thing they have in common is that they all had difficult childhoods or experiences that led them to drugs. Anyone walking through that neighbourhood, including children, would come across dirty needles.

The researchers who came up with the idea of InSite thought long and hard about how to create a site that would address all of these problems. InSite was developed as part of a public health project by the Vancouver Coastal Health Authority and its community partners, in response to a twelve-fold increase in overdose-related deaths in Vancouver between 1987 and 1993. At the time, the Vancouver area was seeing huge increases in the rates of communicable diseases, such as hepatitis A, B and C, and HIV, among injection drug users.

InSite first received an exemption in 2003 for conducting activities for a medical and scientific purpose, under the Controlled Drugs and Substances Act, so it could provide services and conduct research on the effectiveness of supervised injection sites. Section 56 of this act gives the minister the authority to approve facilities that use drugs for a medical and scientific purpose or for a law enforcement purpose. In 2007, the drug treatment centre OnSite was added to the facility.

In 2008, InSite's exemption under section 56 expired, and the Minister of Health rejected InSite's renewal request. This decision sparked a string of legal challenges leading to the Supreme Court of British Columbia ruling that InSite should be granted a new exemption. The federal government brought the matter to the B.C. Court of Appeal, which also ruled that InSite should remain open. Finally, in 2011, the Supreme Court of Canada ruled that the minister's decision to close InSite violated the charter rights of its clients and was “arbitrary, undermining the very purposes of the CDSA, which include public health and safety”.

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 court stated:

The infringement at stake is serious; it threatens the health, indeed the lives, of the claimants and others like them. The grave consequences that might result from a lapse in the current constitutional exemption for Insite cannot be ignored. These claimants would be cast back into the application process they have tried and failed at, and made to await the Minister’s decision based on a reconsideration of the same facts.

The Supreme Court ruled that InSite and other supervised injection sites must be granted a section 56 exemption when the opening of such sites “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”. After this decision was handed down, public health authorities and agencies in Toronto, Ottawa and Montreal began planning to open supervised injection sites.

Why are we here debating this issue when we clearly did not need to come back to it? We are doing so because once again the Conservatives decided to change a law so that it reflects their ideology. They came up with a deeply flawed bill that is based on an anti-drug ideology and false fears for public safety. This is another attempt to rally the Conservative base, as evidenced by their “Keep heroin out of our backyards” campaign that started mere hours after Bill C-2 was introduced in Parliament. This bill will make it almost impossible to open safe injection sites and will put heroin back in our neighbourhoods.

The NDP feels that decisions about programs that could benefit public safety should be based on fact and not ideology. Evidence has shown that supervised injection sites effectively reduce the risk of contracting and spreading blood-borne diseases, 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. Safe 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.

This bill imposes a far too heavy burden on communities, which would have to prove what the benefits of such a site would be and could then still be denied an exemption. As the Supreme Court pointed out, this bill brings us back to the arbitrary decision made by the minister against InSite in 2008.

The NDP believes that any legislation introduced by the Conservative government must respect the Supreme Court ruling and strike a balance between health and public safety.

This bill flies in the face of the 2011 decision, which ordered the minister to consider granting exemptions for supervised injection sites in order to strike a balance between public health and public safety. That decision ordered the minister to examine all the evidence in light of the advantages of supervised injection sites, rather than coming up with a long list of principles on which to base decisions.

In closing, I would like to add that the NDP believes that any new legislation regarding supervised injection sites must respect the spirit of the Supreme Court ruling, which this bill does not do. We believe that harm reduction programs, including supervised injection sites, should be granted exemptions based on evidence that they will improve public health and save lives, not on ideology.

Respect for Communities ActGovernment Orders

November 18th, 2013 / 1:25 p.m.


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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I want to thank my colleague for his presentation and, in the same breath, say that it saddens me that since the beginning of our debate on this topic, not a single government member has risen to present the government's position on this bill.

I would like know whether my colleague has noticed the same thing. In the bill on environmental assessments, for example, the government did everything it could to reduce the deadlines in order to allow party cronies to move forward with their projects as quickly as possible. However, when it comes to Bill C-2, the government puts up as many obstacles as possible in order to prevent projects from moving forward in communities that are prepared to welcome sites such as InSite. Has the hon. member noticed the same thing?

Respect for Communities ActGovernment Orders

November 18th, 2013 / 1:15 p.m.


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NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, I am pleased to rise today to speak to the bill, which was formerly Bill C-65 and is now Bill C-2.

The bill is on something about respect for communities, but that is not really what is going on here. It is an attempt to undermine a Supreme Court decision by putting in rules and regulations, which the Supreme Court has asked the government to do, that would make it virtually impossible to actually abide by the Supreme Court decision, which says that these places should be permitted to exist.

Once again, we have a government that ignores facts, statistics, and evidence. This is a government, do not forget, that wanted to eliminate evidence by closing down such things as the long form census and the Experimental Lakes Area. The Conservatives do want there to be evidence. They do not want Canadians to know what they are up to by there being evidence of what might happen.

We have a government that acts, time and again, in opposition to evidence-based decision-making. It acts in opposition to science-based decision-making. It acts in opposition to decision-making that is for the public good. Instead, its actions seem to be knee-jerk reactions that give the Conservatives opportunities to raise money to get elected and to continue this practice of doing things that are not in the interest of the public.

This is yet another example of an action by a government that is attempting to raise alarm bells for citizens about what might or might not happen in their neighbourhoods.

So far, only three communities I am aware of have actually asked for the authority the bill would grant, albeit without going through some pretty steep hoops. They are Toronto, Vancouver, and Ottawa.

My riding is in Toronto, in one of the most disadvantaged neighbourhoods in Ontario. It is against that context that I want to talk about why it is the NDP believes that the bill is completely wrong-headed. In fact, the bill would be defying the Supreme Court ruling.

The Supreme Court ruling directed the government to come up with mechanisms to allow these things to happen. Instead, we are getting a bill that would make it well-nigh impossible for a community, a public health agency, doctors, and respected members of a community to actually put in place a safe injection site where public harm and harm to individuals would be reduced.

If the Conservatives are opposed to reducing harm, why are they in government? The whole point of us being here is to try to reduce harm. However, the bill would actually increase it in places where we should be trying to reduce it.

The government has taken its cue, based on the questions I have been hearing so far today, from the notion that people do not want one of those things in their neighbourhood. Well, I walk in the park in my neighbourhood. It is a big, beautiful park on the banks of the Humber River, and there are needles in that park from drug users who have not had a safe place to inject, and therefore they litter the ground. One cannot walk safely in my little park, because there is no place for harm reduction in my neighbourhood. There is no harm reduction place where people can go to inject the drugs safely.

An addiction is recognized by medical authorities, the public, insurance companies, and even the reputable sources of disability recognition as, in fact, a disability, not a crime. It is not something to be looked down upon. We need to find ways to help individuals who have addictions.

One way to help these individuals, which has been successfully promoted in Vancouver, is a safe injection site. It is a place where it has been found that harm is reduced for the public, both the individuals who are addicted and the public at large, by providing them with a place they can go to safely inject themselves with what we otherwise understand are dangerous drugs.

We would all love it if these things did not exist, but they do exist. They exist in a manner in which the outcome of the use of these drugs in unsupervised ways, in unsafe ways, has led to significant increases in other diseases, such as HIV and hepatitis C. Who is going to look after those individuals when those diseases get the better of them? Those diseases will eventually get the better of those individuals, and it is the public, not the individuals themselves, that will pay for their health care.

We are dealing with a government that is preaching about the government having to watch every penny. Here is a situation in which the taxpayer, which Conservatives claim to be on the side of, will end up paying more because of this shortsighted bill. The taxpayer will have to look after the individuals who eventually come to hospitals and medical facilities as a result of diseases we could have prevented and limited had we been dealing with them in a more proactive way early on, when these individuals started to inject themselves unsafely.

We should be doing more to try to deal with the addictions themselves. As we have seen in the press very recently, in a big and public way, addictions are a real problem for individuals in my city. One of the first things that happens to addicts is that they deny it. They do not have a problem.

I was a union representative for many years, and many were the individuals who claimed they had no problem. Some we were able to help. Some got treatment. Others did not, and unfortunately, they became a burden to the health system first, and then, in some cases, they passed away. Those individuals were a burden on society, not because they were not able to get the help they needed but because they denied that they had that problem in the first place.

The same is going to be true of individuals who are seeking help at the safe injection sites. Some of them do not believe they have a problem. How are we going to convince them to get help unless we lead them to the help? That is part of what the safe injection sites do. They provide a safe place where addicts can get counselling and where they can get attention from nurses and doctors. They can therefore be exposed to the help to get them free from their addictions.

That kind of thing is being asked for by the City of Toronto as part of its request to the federal government. In fact, the City of Toronto will be speaking on this matter when the bill goes to committee, because it has recommended that the Board of Health make a submission to the federal government to register its opposition to Bill C-65. This is a recommendation from the medical officer of health of Toronto, by the way. It will also recommend the development of a more feasible CDSA exemption application process for supervised injection services, in consultation with relevant provincial public health, public safety, and community stakeholders, including people who use drugs.

The Board of Health urges the provincial government to fund the integration of supervised injection services on a pilot basis, but they cannot do that if the federal government will not give its permission. That is what we are up against. We are up against a government that, as evidenced by the questions I have been hearing so far, is fundamentally opposed to the existence of these things anywhere. It has put into the bill such blockades or walls to get over that it will be virtually impossible for any of the cities in our country to create a supervised injection site with permission from the government.