Respect for Communities Act

An Act to amend the Controlled Drugs and Substances Act

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

Sponsor

Rona Ambrose  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

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

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:10 p.m.


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Scarborough Centre Ontario

Conservative

Roxanne James ConservativeParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I keep hearing from the NDP that InSite is meant to help people get off of drugs and be no longer dependent, but I have yet to see or hear any statistics which actually show that addicts who have gone to this site have chosen to get treatment, no longer live a life of dependence and have stopped contributing to the illegal drug industry and trafficking in Canada.

Would the member have any statistics to prove that people who use needles to feed their addiction have instead sought the help, are no longer dependent, are free from drugs and are contributing to society and not contributing to supporting the illegal drug industry?

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:15 p.m.


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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, that is the hope of all Canadians, that people who are addicted to hard drugs such as heroin or crack cocaine should seek help to kick their habit and become responsible contributing members of society. All Canadians hope for that.

We are saying that places like InSite offer the opportunity for them to do that. They are public points of contact, supervised and official. We can actually gather those statistics through working with that community. This is opposed to having unsupervised drug places in society; no one will be able to monitor whether anyone is getting better or kicking their habit. By having places like InSite, we have the opportunity to work with that community to see if we can help them.

In all cases, our hope would be that these people would want to quit using drugs. That is everyone's hope. The reality is that there are so many steps to get to that point and that addiction is a complex issue. Speaking to addicts and seeing their struggles, hardships, and the complexities of their lives, it is not just a one-shot solution, where we build a centre and they will be cured. It does not work that way because drug addiction is a complex issue; it is not a simple issue. However, we have to start working on a multifaceted approach. Places like InSite are a good start. It is not a be-all and end-all solution.

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:15 p.m.


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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, I am standing to comment on the question by the Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness. I have some information that she has been looking for about InSite in particular.

InSite has generated the highest intake of people wanting to get on a program to wean themselves off whatever illegal substance they are consuming. As the members for Vaudreuil-Soulanges and Skeena—Bulkley Valley said, it is the point of first contact. It is not necessarily at the first contact that this is taken up, but it has worked. The take-up of people who have a dependency on illegal drugs in Vancouver is the highest by far from InSite.

The parliamentary secretary may want to take that under advisement because that aspect of the program is working very well.

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:15 p.m.


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NDP

Jamie Nicholls NDP Vaudreuil—Soulanges, QC

Mr. Speaker, InSite created an opportunity for researchers to look at this, so there are statistics. Dr. Tyndall and a group of other researchers, in 2005, did a study over a one-year period and produced a report in 2006. They found that there were 273 overdoses at InSite and none of them resulted in a fatality. Over that year, 2,171 referrals were made for InSite users to addiction counselling or other support services. InSite created the ability for researchers to monitor and to benchmark the program to see if it was working. They found that it was successful. By having sites like these we can work with this community to learn how to conquer addiction and help people move on with their lives without drugs.

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:15 p.m.


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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I would like to take this opportunity to extend to you, to all my colleagues and to my constituents in the riding of LaSalle—Émard my best wishes for health, happiness and solidarity in the new year.

Before turning my attention to the proposed legislation to amend the Controlled Drugs and Substances Act, which the Conservatives have dubbed the Respect for Communities Act, I would like to quote a firsthand account recently published in the Globe and Mail:

As I watch the daily circus and the madness surrounding Mayor Rob Ford, I envy the people of Toronto, who get to watch this on television, read it in the newspaper and listen to it on the radio. They quack about it on Facebook and laugh about it on their daily travels. I envy them because they can change the channel, stop talking about it or turn it off. In my life this is not an option.

My daughter is 23 and she has been an addict, in one form or another, for seven years.

She has snorted drugs, shot them in her arm, smoked them and taken pills. She has had her own version of the “drunken stupor,” and she has even been found with vital signs absent by paramedics.

Contrasted to this is the very bizarre fact that our daughter is also a university student who pulls A grades in every subject. What she desperately wants is to be well.

The family, if the addict still has a family intact, is swallowed whole and suffers immeasurably.

On reading this account, I feel compassion for this mother who goes through this tragedy every day, a tragedy that affects the entire family, even though I cannot fully comprehend this family’s suffering or the suffering of an individual addicted to hard drugs.

Compassion is a value Canadians hold dear. We live in a country with a harsh climate, as today’s weather attests. The population is spread over a vast area. Communities have always survived by helping each other through difficult situations. Similarly, Europeans shared with and forged mutually beneficial ties with First Nations.

Canada therefore became a country in which communities forged close ties with one another. I am fortunate to represent the closely knit community of LaSalle—Émard, where a wide range of community groups and volunteer associations never ask whether they should assist those in need or why they need help. They simply roll up their sleeves and extend a helping hand.

Addiction to hard drugs is a complex problem, as my colleagues noted earlier. In Vancouver an innovative approach was developed to help hard drug addicts.

This innovative approach helps persons struggling with hard drug addictions by providing them with a safe place where they can survive. Addicts are given a helping hand and directed to services that hopefully will help them overcome an addiction that slowly kills them.

InSite also has associated benefits, so to speak. By providing drug users with a safe injection site, this service also keeps the neighbouring community safer. As was pointed out, public places are kept free of drug addicts and their syringes. This also helps provide the health care that is so important to prevent the spread of infectious diseases and to give people the help they need.

The current bill would amend the legislation that regulates certain drugs and other substances, but primarily it would affect the way in which supervised injection facilities can be set up. First there was the non-renewal of InSite’s licence, and then there was the ruling handed down by the Supreme Court of Canada on the matter. What happened? The government decided to challenge the Supreme Court ruling and then to comply with it, more or less, by introducing this bill.

This decision and the proposed policy in Bill C-2 garnered a variety of responses. I will mention a few, as follows:

It's difficult to imagine a more cynical and dangerous response to a unanimous Supreme Court ruling that Ottawa has a constitutional duty to protect Canadians than the...government's Respect for Communities Act announced Thursday.

They say that the government, through Bill C-2, also called the “Respect for Communities Act”, is providing a very cynical and dangerous response. The government must protect all of its citizens. What is even more dangerous is the partisan way in which the current government has exploited such a situation. I will continue with the quotation:

As [the former] Health Minister...was holding a press conference to announce details of the act that sets conditions for new safe injection sites, the Conservative party was emailing its faithful to organize opposition to such facilities.

How can the Conservatives be so partisan when it comes to a safe site that—hopefully—helps improve the health of people who are addicted to hard drugs?

How can they be so cavalier in opposing a unanimous Supreme Court ruling and propose insurmountable barriers that will allow the federal health minister to strike down any initiatives that could improve the lives of people who need them so badly? This is why the NDP will vote against Bill C-2 as it currently stands. We should show compassion and extend a helping hand to these people.

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:30 p.m.


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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, I come back to the problem that the issue is not InSite itself. The issue is the fact that one cannot purchase one gram of heroin in our country legally. As a result, anyone who goes out to purchase heroin anywhere does not really know what they are getting. They assume that what they are getting is between 65% and 70% pure heroin, but if they were to get 90% they would be in big trouble.

Therefore, I go back to my continuing question. I would like to hear what the opposition's solution is with regard to heroin itself. There is no arguing that InSite in its present form in East Vancouver is there to assist, but it does not control what is coming in. It cannot. It is not possible for that to happen. Therefore, what is her party's solution from the perspective of controlling heroin that comes into InSite for injection?

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:30 p.m.


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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, these questions have been raised a number of times by the government member. He is not addressing any of the facts relating to Bill C-2.

With this bill, the government seeks to put up barriers to an innovative solution that would enable our cities and the rest of Canada to make a meaningful effort to tackle the problem of addiction to hard drugs. This solution would offer people with addictions a safe place where they can receive services that would help them. We must acknowledge this fact. This bill seriously hinders the establishment of supervised injection facilities.

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:30 p.m.


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NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Mr. Speaker, when my colleague talks about people who suffer from addictions, I note that she refers to them as if they were persons. They are indeed human beings.

On the other side of the House, it appears that they wish to take away their status as human beings by using terms such as “addict”. If we can show compassion for a mayor who smokes crack and gets drunk on bourbon at City Hall, we should also show a little bit of concern for people who have taken a wrong turn somewhere in their lives and who perhaps really want to overcome their drug addiction, instead of just giving press conferences.

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:30 p.m.


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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I thank my colleague for his comments.

I want to point out that InSite is recognized internationally. My colleague from Vaudreuil—Soulanges called this facility a safe point of contact. The facility will then make it easier for us to understand this very complex issue.

We would rather not see people addicted to hard drugs. However, it is a reality, and InSite helps us to better understand this reality. This is how we will be able to find long-term solutions.

This bill will prevent us from better understanding how this problem develops and will prevent more sites like this from opening in Canada. It will prevent us from answering the call for help from individuals and families struggling with an addiction to hard drugs.

[Disturbance in gallery]

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:35 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the gentleman in the gallery was saying “save Canada Post”. I can tell the House that at the town hall meeting I had last week, a hundred citizens in my riding were saying exactly the same thing. A lot of Canadians are very concerned about the government's mean-spirited destruction of Canada Post—

[Disturbance in gallery]

Mr. Speaker, citizens are concerned about Canada Post—

[Disturbance in gallery]

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:35 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, for those citizens concerned about the Canada Post closures and Canada becoming the only G7 country without home mail delivery, the NDP is putting forward a motion that every MP will be voting on later this week, asking the government to maintain home service delivery. It is in the interests of Canada and communities across this country. However, we will be speaking about that in question period and in the days to come.

Today, we are called upon to speak on Bill C-2, which is called an act to amend the controlled drugs and substances act, but should more rightfully be called an act to shut down InSite. Members will recall that the Conservative government wanted to shut down InSite. The Supreme Court justices, who are appointed to maintain the rule of law, said no, that it was not in the public interest.

Now we have Conservatives coming back with a mean-spirited bill that attempts to do exactly the same thing. On this side of the House, within the NDP caucus, we say no to that. We stand with most British Columbians, who believe that InSite should be maintained. Why? Because the scientific evidence very clearly points to the importance of InSite.

I grew up in the Lower Mainland. I can recall a time in the early 1990s when we saw a tragic skyrocketing of overdose deaths to over 200 people a year. That is 200 individuals. Conservatives might call them addicts, but many Canadians knew them as fathers, mothers, sons and daughters. These family members were passing away at an alarming rate. InSite was a reaction from the community to put in place a controlled injection site so that we could bring down the number of tragic overdose deaths.

InSite has succeeded remarkably. The number of overdose deaths has decreased by more than 35%. That is an extremely important statistic to know. More importantly, InSite is keeping heroin off the streets and keeping it in a controlled injection site. Study after study has pointed out very clearly that the number of discarded syringes has decreased in the Downtown Eastside and in parts of the Lower Mainland as a result of InSite. Studies show that over 2,000 referrals to addiction counselling are being made every year. In fact, the rate of those who are looking at addiction treatment and who go to InSite is more than twice the average of those who do not go to InSite. What this means, in a very real sense, is that InSite is the first door and the first hallway into addiction treatment programs.

The Conservative government has been equally irresponsible when it comes to addiction treatment and crime prevention programs. What we have seen under the Conservative government are severe cutbacks in addiction treatments and crime prevention programs. What we have is a Conservative government that just does not seem to get the importance that communities place on putting in place effective crime prevention measures and effective addiction treatment measures. InSite is part of that process of finding solutions.

Many of my colleagues in the NDP caucus have spoken very eloquently. We have yet to hear from a Conservative on this issue, at least this year. The Conservatives will ask questions designed to take us away from this issue of InSite, for the simple reason that most British Columbians support it. They have yet to comment on the very compelling statistics and evidence of the success of InSite.

A very compelling result of the success of InSite is the fact that we are now talking about dozens of similar sites around the world, particularly in places like Australia and Europe. There we are seeing the model of InSite, which of course was modelled on other similar facilities, going into other communities. Why is that happening? It is happening because of what comes from having that type of controlled injection facility.

As I mentioned earlier, there are fewer addicts. I go through the Downtown Eastside and past InSite regularly, including last Saturday. So I can see first hand, as a resident of the lower mainland and someone who grew up there, the difference it has made to the Downtown Eastside. There are fewer addicts shooting up in the streets around the area in the Downtown Eastside. There are fewer discarded syringes.

What this has done is to take heroin off the streets to a certain extent. Instead of trying to shut down InSite, many cities in Canada are looking at the possibility of establishing an InSite-type facility. Because of Bill C-2, they cannot seriously look at doing that because, very clearly, the Conservative government, instead of looking at solutions and harm reduction and at expanding addiction treatment and crime prevention programs and allowing, as the Supreme Court very clearly said, a controlled injection site like InSite to exist, is endeavouring instead to shut down InSite by bringing forward Bill C-2.

Canadians, certainly in my area of the Lower Mainland, who have followed the debate, very clearly express support for InSite. Polls show that over 80% of the residents of the Downtown Eastside support InSite. They are the ones who are closest to it. A few minutes ago my colleague from Vaudreuil-Soulanges very eloquently mentioned that the Conservatives need to understand the neighbourhood and the situation before they start putting forward legislation based purely on ideology. There is no doubt about that. The reality is that those closest to InSite support it, some 80%. Most British Columbians support it.

That is not all. Let us look at some of the world's most prestigious medical journals that have looked at the issue of InSite and controlled injection sites and have seen the medical benefits and the harm reduction benefits that come from having a site such as InSite: the New England Journal of Medicine, The Lancet, the British Medical Journal. This is not a question where one member of Parliament should express his or her personal opinion compared to another member of Parliament's. All members of Parliament are called upon to look at the evidence, to look at the medical professionals and what they say. When the New England Journal of Medicine, the British Medical Journal and The Lancet all say there is real merit in the harm reduction approach embodied in facilities such as InSite, one would think that the Conservatives would be willing to listen, rather than pushing forward what is a very narrow-minded ideology and attacking addiction treatment programs and crime prevention programs. Those things are terrific investments of taxpayer money, because if we spend one dollar on crime prevention or addiction treatment programs, we are saving six dollars later on in policing, court, and prison costs. So it makes a lot of sense from the taxpayers' standpoint to put in place a process and a philosophy where we are saving taxpayer money and stopping the crime from occurring in the first place.

The Conservative government has gutted crime prevention and addiction treatment, and now we see it attacking InSite. It makes no sense at all, except when we look at what the Conservatives have done since they introduced the bill. My colleague from Halifax was very eloquent in this regard: “Keep heroin out of our backyards”. The Conservatives have been using this as a fundraising tactic, which is absolutely reprehensible. The reality for anyone who knows the issue is that what the government is doing in shutting down InSite is putting heroin back on the streets of the Downtown Eastside. By shutting down InSite, there would be more syringes in children's playgrounds throughout the Downtown Eastside and throughout the Lower Mainland. There would be more overdose deaths as a result of the current government's mean-spirited drive to shut down InSite. The reality is that there would be fewer addicts looking for addiction treatment programs, because one thing that is clear from every study that has been done on InSite is that addicts are more likely to go into addiction treatment and counselling if they can go to a supervised injection site. It is a two for one proposition: there is twice the possibility they will look for treatment.

That is why, on the basis of evidence, the NDP is voting against this bill.

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:45 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I want to pick up on a point with regard to InSite.

Stakeholders from all areas became engaged in developing and promoting and putting this program in place, whether the national government back in 2003, provincial governments, municipal governments, local police forces, first alert attendants and users. A strong push was made for it. The community itself was consulted.

InSite has been in place for over 10 years now and the results have been outstanding in their positive impact. The very same stakeholders who helped put it in place are now saying that it has really saved lives and added value to the community in many different ways. Surrounding communities are finding fewer needles on the street and the community is safer. It seems to be an all-win proposition.

In listening to some of the Conservative debate the issue, it would seem to me that they are opposed to safe injection sites period.

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:45 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I have no doubt that the Conservatives are now making a concealed attempt to shut down InSite, having seen how they have acted in the past in trying to shut it down and when the Supreme Court of Canada clearly said that it would be irresponsible to do so.

I cannot tell the House what a difference InSite has made to the Downtown Eastside. Being a long-time resident of the Lower Mainland, I will go back in history. It was when the former Liberal government callously destroyed the national housing program that we started to see overdose deaths skyrocketing in the Downtown Eastside. We have seen under both Liberal and Conservative governments very meanspirited policies that have helped to contribute to what has been an appalling abuse of the public.

The reason we are opposing Bill C-2 and are promoting such things as housing being put back in the hands of the public is that we understand that we have to build stronger communities to tackle issues like drug addiction.

Respect for Communities ActGovernment Orders

January 27th, 2014 / 1:50 p.m.


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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I have a two-part question for my colleague.

The first part of the question is a little sarcastic. I would like to know whether the roles have been reversed in 2014. Since we have resumed debate on Bill C-2, we do not seem to be hearing the Conservative government's position, even though it introduced this bill. On a few rare occasions, a Conservative member rises to ask a question about our suggestions to support an organization like InSite. I get the impression that we are ready to govern and they are ready to cede power.

More seriously, does the member think that an organization like InSite is the first step towards rehabilitation and, eventually, reintegration into the workforce for drug addicts?

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January 27th, 2014 / 1:50 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I thank my colleague from Trois-Rivières for the question. He exhibits considerable leadership by saying that the NDP is ready to take up the reins of government. In fact, our party is proving itself up to that task every day by its statements in the House.

The truth is very clear. On looking at the statistics, we note that in a one-year period, over 2,000 users of InSite were directed to counselling services. This has already made a difference. In the case of persons with access to InSite, twice as many addicts go on to follow a drug treatment program as compared to those without access. There is no question that this program is working.

What I find interesting about the last comment by my colleague from Trois-Rivières is that the Conservatives do not have the guts to rise and defend their bill. This bill is indefensible. It is a bad bill.