Bill C-2 (Historical)

Respect for Communities Act

An Act to amend the Controlled Drugs and Substances Act

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.

Respect for Communities Act

[Judy Sgro, Liberal, York West, ON]

Mr. Speaker, I want to congratulate my hon. colleague on saying exactly what is in this bill.

From my days as a municipal councillor, I know very well what to do to ensure that nothing happens in a community. There have be enough conditions and requirements to make it impossible.

It is a disguised attempt in saying, yes, these sites are welcome and we recognize a problem, when clearly that is not the direction. At the end of the day, the government wants to make sure there are no other sites like this.

These sites are clearly what is needed when we look at the studies on harm reduction and what is needed in our country. Our whole war on drugs of which I have been very supportive is not working, regrettably, in the way that we have been addressing it, in the U.S., in Europe and in Canada. We need to look at doing things differently.

Harm reduction has started with this clinic. I visited this clinic many years ago when it first opened. I was uncomfortable with the whole idea, but I went and visited. I talked to people in the Vancouver area. I really became convinced that, whether I wanted it or not, we have to accept that there is a problem, we have to try to fix it for those who need our help and we have to look at harm reduction for those particular people.

This clinic is one of the things we need to have in particular areas of the country. I would like to ask the member if there are other opportunities across Canada where she thinks these kinds of facilities should be located.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, clearly the term she used is part and parcel of this, the “war on drugs”.

There has been a war on drugs in North America for decades now. If we are taking a body count, we are losing. Organized crime is winning. That is not what any of us wants.

I have some exposure to those people who have been so unfortunate as to become addicted to illegal drugs, and only by the grace of God has it not been close to my family. However, friends of my kids and my grandkids are at an age where they could be exposed to these drugs.

Nobody in this place wants more people to be exposed to illicit drugs. Nobody wants to see the profits of organized crime go up. However, if we look at the track record of the so-called war on drugs, we will see that it is failing.

Let us try harm reduction. Let us save the lives of people who can come to a safe place and then have access to the kinds of assistance, therapy, supports and counselling that get them off drugs for good. Let us not pretend we are doing something while we turn a blind eye to their suffering.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I want to thank the hard-working member across the way for her interventions.

I do have a question for her. The purpose of this bill is to highlight the importance of consultation. In fact that is what the Supreme Court has said, that we have to have proper consultation. That is what the bill is asking for. Those are the changes, that we have adequate consultation before we have a new supervised injection site in Canada.

We have one in Vancouver, but if there were to be others, they would require consultation. Would the member oppose having consultation? If she does, what does she suggest replaces consultation?

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I do not think any of us would be against consultation.

These are sensitive issues, and I think we need more dialogue, not the kind of tactics that divide. I saw in one of the press stories that there was a fundraising appeal from the Conservative Party saying that the opposition members want to bring illicit drugs into communities so that people would be shooting up in neighbourhoods. That is unhelpful. I would not attribute those kinds of comments to my friend across the way at all.

What we need to have is that kind of conversation in which everybody is brought into the picture. For instance, in downtown Victoria we have problems with illicit drug use. We have people who are addicted and who get help through a fantastic facility in Victoria, Our Place. It is not a safe injection drug site, but it provides services, help and respect to people who are living on the streets.

Anything that provides a point of contact, respect and help to people who need help is of value. I think that can be discussed in a kind of enlightened fact-based respectful communication. Certainly some people may object within a community, but we should have consultation.

What is wrong with this bill is not that it involves consultation; it is that it creates a structure that makes it almost impossible under the way the law is written, given the principles the minister must consider, for a minister to say yes when a minister should.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I am rising in the House to join with my colleagues in opposing Bill C-2.

To be quite honest, I am extremely disappointed that the amendment proposed by the hon. member for Vancouver East was rejected. It is very unfortunate. She put forward an amendment that was sensible, reasoned and based on scientifically proven facts. Unfortunately, Conservative ideology has once again prevailed over science and reason. We are debating yet another seriously flawed bill that reflects the Conservatives' outdated thinking and prejudices. Falsely touted as legislation that will protect Canadian families, Bill C-2 is designed to violate the Supreme Court's 2011 decision regarding safe injection sites.

I think it is important to note that at the time, the Supreme Court ruled that the minister's decision to close InSite, in Vancouver, violated the rights—as guaranteed in the charter—of InSite's clients and that the minister's decision was arbitrary and undermined the very purposes of the act, which include public health and safety. The Supreme Court also ruled that the minister's violation was very serious. It endangered the health and lives of the clients as well as people in similar situations. The Supreme Court also stated that InSite and other supervised injection sites should be granted an exemption as provided for under section 56 of the act when 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.

Naturally, this decision contradicted the Conservatives' obvious desire to get rid of anything that could even remotely resemble a supervised injection site. Bill C-2 is another attempt to satisfy this desire, even though many scientific studies have proven that supervised injection sites like InSite are beneficial. Studies have also proven that these sites do not represent any risk to public safety and that they actually tend to enhance public safety in our neighbourhoods.

Scientific evidence has shown that supervised injection sites can effectively reduce the risk of contracting and spreading blood-borne diseases such as HIV and hepatitis C, and also help decrease overdose-related deaths.

Supervised injection sites are consistent with a harm reduction approach, an approach that Canada took until 2007, when the Conservatives decided to impose their abstinence ideals at the expense of the public, even if it risked the lives of people struggling with addictions.

I think it is rather ironic that we are debating Bill C-2 to get rid of supervised injection sites so close to December 1, World AIDS Day. Yesterday, the Canadian AIDS Society was handing out red ribbons, like the one I am wearing proudly today. My Conservative colleagues went to pick up ribbons and wore them proudly, but today they are here in the House continuing to push their partisan agenda. They are still doing everything they can to get rid of supervised injection sites. They are directly undermining the work done by health care professionals to eradicate epidemics of blood-borne diseases like AIDS.

While talking yesterday with representatives from the Canadian AIDS Society, I learned that some parts of Canada are currently facing an actual AIDS epidemic. For example, in Saskatchewan, the HIV infection rate is almost three times higher than the national average. These figures are disturbing. One factor that contributes to the spread of HIV/AIDS in certain parts of Saskatchewan is unfortunately injection drug use.

Having sites like InSite would be a very effective way to reduce the incidence of this disease, in addition to reducing overdose deaths, as I mentioned earlier.

However, rather than directly supporting the efforts being made to eradicate this epidemic, the Conservatives are trying to prevent the opening of new sites and depriving vulnerable Canadians of the services and support they actually need. Rather than helping these vulnerable people, the Conservatives are using them to raise funds from their voter base. Honestly, this is one of the most disgusting things I have seen this government do, while hiding the truth from its base.

The Conservatives tell their voter base that this bill will help keep heroin out of their backyards. This is totally false. In fact, nothing could be farther from the truth. If people no longer have a place where they can go, receive medical care and get the help they need, in addition to having a safe place, inside, to use the drugs they are unfortunately addicted to, where will these people go? They will go into the streets and the parks and near schools.

In recent weeks, we have heard a number of Conservative members say they care about Canadian families and they want to protect mothers, children, widows and orphans. Really, they are simply fearmongering in order to fill their coffers in preparation for the next election and using vulnerable people in our society to do so. Those people really need our help; they certainly do not need the contempt this government is showing them every day.

Frankly, I cannot believe the Conservatives are waging such a fundraising campaign in our society. It is beyond comprehension and furthermore, based on a campaign of fear and prejudice, with no basis in fact. The Conservatives are trying to address some legitimate concerns of the people they represent.

Quite honestly, each and every one of us has people in our riding who are worried about supervised injection sites. These are legitimate concerns that must be addressed. We must not react by fearmongering or encouraging prejudice and scorn towards people with substance abuse problems. Instead, we should be using our resources to try to solve the problem. We need to ensure that people can get the support they need, as well as easy access to resources to help them treat their addiction.

That is exactly what is happening at InSite. People have direct access to health care professionals who are there to help them in case of any problems or to simply provide advice. They have access to social workers and can be referred to detox centres.

Research has shown that in addition to reducing overdose deaths in Vancouver by 35%, which is significant, people who use InSite's services are almost twice as likely to enrol in a detox program. They are also more likely to have access to the resources that will help them turn their lives around and overcome their addiction. However, we have to go to them. To simply say that services exist, without making them easily accessible to the people who need them most, does not guarantee access and will not have the desired effect on public safety.

I do not have any children yet, but I can picture myself taking my children to a park one day and watching them discover discarded needles that might expose them to communicable diseases. I do not want that to happen. No one does.

However, that is what we might see happening in our streets as a result of the Conservatives' decision. People will no longer have a safe place to go to. They will have to go back to what used to be standard practice in neighbourhoods across the country, when people would shoot up here and there in the street, in the lobbies of commercial and residential buildings, near schools and in parks. Unfortunately, that is what we can anticipate if Bill C-2 passes as is. I hope it does not.

I am totally against passing such a bill. I hope that the Conservative Party members will listen to reason and understand the message from social organizations, health professionals and people who work with addicts daily and know their reality.

These people and these organizations dispense with prejudice and false, backward ideology, and focus instead on research and proven clinical trials. That is what we should be basing our decisions as parliamentarians on. The government should rely less on ideology and more on facts. For that reason, I hope that Bill C-2 will be defeated.

[Dan Harris, NDP, Scarborough Southwest, ON]

Mr. Speaker, I thank my colleague for her speech on this matter.

I would like to address clause 5 of this bill and review the six criteria that the government wants to impose for new or existing sites such as InSite.

Paragraph c) states:

The risks of overdose are inherent to the use of certain illicit substances

It is very clear. However, studies by InSite show that overdoses have decreased by 30% in the Vancouver neighbourhood where InSite is located.

Does my colleague have anything to say about that and about the important contribution that new sites could make to a community's safety?

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, first of all, I would like to thank my colleague for his excellent question.

I fact, as I mentioned earlier, InSite has managed to reduce overdose mortality in Vancouver by 35%. That is very significant. It shows the positive impact that a supervised injection site such as InSite can have.

Earlier, my colleague opposite, the member for Langley, seemed to insinuate that people opposed to this bill also oppose public consultation. If we read between the lines of the bill, we see that the Conservatives are trying to establish a structure to prevent the opening of other sites. I just cannot understand that.

Unfortunately, I do not have the time to read all the criteria that the Conservatives have put in their bill in an attempt to tie the hands of people who would like to open new sites like InSite, which help people dealing with addiction.

However, the statistics that my colleague and I have provided show the direct positive effects of centres such as InSite. I find it unfortunate that, even today, we are debating reducing access to services for those with drug problems.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I am pleased that the member listened to some of my comments, but I am not pleased that she has prejudged motives. I do not think she is elevated to the position where she can determine the motives of members of Parliament.

The motives are to represent Canadians. In the House, each of us has the responsibility to represent our constituents. Part of that representation comes through consultation. We consult with our colleagues, we consult with one another, and we consult with our constituents.

Why would the member be opposed to a consultation that the Supreme Court has suggested that we have, and not prejudge whether a supervised injection site can be put at a specific location? It suggested that we consult before any decisions are made.

Why would she be so opposed to consultation or prejudge the motives of others?

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I am pleased to see that the Conservatives have finally decided to join today's debate in the House. Unfortunately, I also feel as though my remarks and intentions have been misjudged.

In the comment I just made, I clearly mentioned that I am completely open to consultation. What the hon. member for Langley has failed to mention is the huge list of conditions that organizations seeking to open new supervised injection sites will have to meet.

The member also failed to mention that, even if the applications submitted by organizations meet all the criteria, the minister can still refuse to allow these sites to open. Clearly, the criteria for opening new sites are excessively restrictive.

My colleague also seems to forget that some of his constituents may be struggling with drug addictions and may need the help provided by facilities such as InSite. We must not think only about the most fortunate people in our ridings. We also have to think about the most vulnerable. However, this government forgets and neglects these people, which I find extremely unfortunate.

We all have vulnerable people in our ridings who need our help and who gave us the mandate to represent them and stand up for their interests. However, unfortunately, these are the people who are being neglected in the Conservative ridings.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, it is nice to see that all my friends are here to listen to my speech in great numbers.

I would like to start by saying that in analyzing the notes and looking at what is going on, I find this to be a disturbing situation. In one part of the country, we have a program that works, but then we have the government with its bill trying to make it more difficult to continue this program and more difficult for others to implement it. It seems that the tendency of the Conservative government is to ignore evidence as it constructs policy, which I would say is often based on ideology rather than the facts.

As a prelude to my speech on Bill C-2, I just had a chance to skim through the annual report of the Office of the Correctional Investigator for 2011-12. One of things highlighted is the increase in prison population even though our crime rate is decreasing. If members look at that report and the various crime bills and legislation, I would say that one could comfortably say that it is based not so much on the idea of trying to rehabilitate people to become productive members of society when they get out, but on punishment, almost vicious punishment. I think back in history to the age of enlightenment and the Dark Ages when western civilization was invaded by barbarians. I hope we are not going in that direction.

Some of the concerns in the correctional report is in regard to double-bunking, for example, which puts a strain on the system. In a sense, it is a punishment, but the effects, which I will talk about later, are far-reaching. The report says:

The increasing costs of corrections in Canada and rising inmate numbers are inseparable from a number of significant legislative measures. Since 2006, these reforms have resulted in:

Expansion of a range of mandatory minimum penalties for certain offences, particularly for serious drug offences, gun crimes and child exploitation offences

Abolition or tightening of parole review criteria

Reduction of credit for time served in pre-trial custody

Restricted use of conditional sentences.

Although we may agree with a number of these criteria, the fact remains that we have put more people into our prisons at a time when the crime rate was decreasing, and we have made it more difficult for these people to get rehabilitated and become productive members of society when they come out.

Prison crowding, for example, has negative impacts on the system's ability to provide humane, safe and secure custody. The report says, “Putting two inmates in a single cell means an inevitable loss of privacy and dignity, and increases the potential for tension and violence.”

The report talks about how this tension and violence is detrimental to the final rehabilitation of prisoners so they can come out into society.

As prisons become more crowded, the physical conditions of confinement are hardening. At the higher security levels, inmates already have extremely limited opportunities for association, movement and assembly.

Programming and vocational opportunities in maximum security prisons are extremely limited, defined by operational and security concerns driven largely by the influence of gangs, drugs and incompatibles.

I would like to transpose this to our current discussion on Bill C-2.

Overall, one would think that if we have a program that has been successful, has taken drugs off the street and was able to work in rehabilitating addicts, the tendency would be not only to keep it but to expand it around the country.

Unfortunately, what we have here is a thinly veiled attempt to shut down supervised injection sites, which runs directly counter to the Supreme Court’s decision. With these criteria, it will be much more difficult for organizations to open supervised injection sites in Canada.

The NDP feels that decisions respecting programs that may improve public health must be based on facts, not on ideological positions.

In 2011, for example, the Supreme Court of Canada ruled that InSite provided essential services and that it could stay open under the exemption provided for by section 56 of the Controlled Drugs and Substances Act. The court held that the charter permitted users to access InSite's services and that similar services should also be allowed to operate under an exemption.

What is surprising is that more than 30 peer-reviewed studies published in journals such as the New England Journal of Medicine, The Lancet and the British Medical Journal have described the benefits of InSite. That is more than 30 studies. In addition, studies on more than 70 similar supervised injection sites in Europe and Australia have reported similar outcomes. InSite in Vancouver is one of the biggest public health breakthroughs in Canada. We believe that this site and others delivering similar benefits should be able to offer their services under appropriate supervision.

It is strange. We have a program that works well. Articles and studies published in Canada and in scientific journals show that it works well and that it is helping people. However, here we have to debate a bill that will prevent that program from continuing. It makes no sense.

This is a very imperfect bill, based, as I have previously said, on an anti-drug ideology and on baseless fears about public safety.

The Conservatives say they are going to try to get drugs off the streets, but what is interesting is that this bill will make it virtually impossible to open safe injection sites. That answers my colleague from Langley's question. It will be virtually impossible to open safe injection sites, which will have the effect of promoting heroin's return to neighbourhoods. How ironic. This bill will promote heroin's return to neighbourhoods.

We believe that any new legislation on supervised injection sites should abide by the spirit of the Supreme Court's decision, which this bill does not do. We also believe that harm reduction programs, including supervised injection sites, must be subject to exemptions based on evidence of their ability to improve a community's health and preserve human life, not on ideological positions.

In conclusion, I am very disappointed that we are debating this bill, which will make life more difficult for people who are trying to combat this disease of heroin abuse.

When the bill goes to committee, which I imagine it will, there will be evidence and debate. I hope the governing party will take into account the effects and the scientific evidence when it looks at amendments to the bill, so that we can make this work for all Canadians.

[Denis Blanchette, NDP, Louis-Hébert, QC]

Mr. Speaker, I thank my colleague for his excellent speech.

My background is in technology, and as we always say, “If it ain't broke, don't fix it.”

In other words, if something works, there is no need to fiddle with it.

InSite works, gets results and provides a front-line service that leads to rehabilitation and the reduction of collateral damage, such as dirty needles in parks.

It is too bad that the government does not seem concerned about the effects of the law itself. I think we need to study this bill in terms of the public interest. What would be best for our society?

How does my colleague think we should study this bill in terms of the public interest?

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, I thank my colleague for his question, and I will comment on what he said at the beginning of his statement.

Personally, I think the government is saying, “If it works, we will fix it according to our ideological criteria.”

We have noticed this attitude in the areas of the environment, science and foreign affairs. In fact, we have seen it in everything that was working in my country. In my country, everything that works is being systematically changed. That is unacceptable. A program that works and can benefit Canadians can no longer work because of the Conservatives' false ideology.

This is not my country. This is not the Canada I know.

[Bernard Trottier, Conservative, Parliamentary Secretary to the Minister of Public Works and Government Services]

Mr. Speaker, I appreciate that the member for Louis-Hébert mentioned, “If it ain't broke, don't fix it.”

Hopefully, the member who just gave a speech recognizes that the Supreme Court indicated that if we were to open any injection sites, community consultations were actually a requirement. Therefore, that is something that needs to be done. The Supreme Court has given us clear direction that we have to have community consultations.

Would the member please clarify whether he is against community consultations for future safe injection sites before they are implemented?

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, the thing is that the bill would set criteria for the opening of new sites and would make them so stringent that, as department officials have indicated to us, if an applicant should accidentally forget to include something, the request would automatically be denied. Therefore, are these consultations another kind of sham or a pretext to ram through this legislation?

I would think that if they are done properly, if it makes it easier for communities and cities to have similar programs, if it makes it possible for InSite to continue, then I would welcome them. However, I would submit that is not the case. That is not what the government is proposing.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I would argue that the injection site in Vancouver is a huge success story, right from its origin. It is a good example of co-operative federalism when we have the federal government, at the time, working with the provincial government and then working with the stakeholders to recognize a problem that is in the community and generate some ideas, a specific solution to the problem. They come together and they make it happen. It addresses the issue right up front.

Then, in the years that follow, there are success stories. They are real. They are tangible. Lives have been saved. Our community is safer, and so forth. These are all facts.

Yet, the government seems to be of the opinion that we should push all of that to the side because they just do not believe in injection sites, and we have heard that from members of the Conservative Party.

I wonder if the member would like to comment on that?