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

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, there are many parallels across northern Canada when it comes to the cycle of addiction that people face and the lack of services and places to go where they can get help.

There is talk about a poverty agenda, but the government is increasing poverty and further marginalizing communities that need help. If the government really wanted to make a difference in helping Canadians, where are the investments that need to take place in housing? Where are the investments that need to take place in child care or in training or in education? We do not see those kinds of investments. All we hear is the kind of thing we are listening to here tonight, fabricated stories about how the government is somehow going to stop heroin from coming into our backyards.

It surprises me how little the government members think that Canadians care. Canadians do care, and they can see beyond this thinly veiled attempt to score political points. I look forward to talking to more and more Canadians in my communities about the government's agenda.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am pleased to stand and speak to Bill C-2. It is an example of a trend in the government. I will explain myself throughout my speech.

I am concerned about the way in which we go about making laws in this country. This legislation is an example of the Conservative government's leadership when it comes to drafting legislation and bringing it to the House. How the government acts in public really flies in the face of the Canada that I grew up in and the Canada I am proud to be a part of. Now when I stand in the House I feel very sad for our legislative process.

To begin, I want to talk a bit about what the bill is really about. It is not really about respecting communities, again a trend in some of the bills that we see, for example, safe communities and so on. This legislation is not at all about communities. It is about marginalizing those who are already marginalized. It is about putting further violence in the lives of those who already live with so much violence. It is about putting in danger those who are already in danger.

Essentially, this entire legislation is about InSite. For those who may not be familiar with InSite, it is a place in the Vancouver area where those who are addicted to drugs can go for safe injection. We all understand what addiction is, at least those of us on this side of the House, and that there are ways to make it safer for individuals to break a habit so they can escape the cycle of drug abuse. If they cannot break the cycle, and that can be the case for some, at least they would not be put in a more vulnerable position.

Following an increase in the number of overdose deaths in Vancouver between 1987 and 1993, Vancouver Coastal Health and community partners set up InSite. Since then there has been a huge decrease in diseases such as Hep A, B, C, and HIV/AIDS.

InSite was originally exempt under the Controlled Drugs and Substances Act. In 2008, the exemption under Section 56 in the Controlled Drugs and Substances Act expired. That has caused us to be in the situation we are in now. The minister of health at that time denied its renewal and that resulted in subsequent court cases. It was brought up to the Supreme Court of Canada.

In 2011, the Supreme Court ruled that the minister's decision to close InSite, to not renew the exemption under the Controlled Drugs and Substances Act, was a violation of the charter rights of those who were part of the program. The minister's decision was “...arbitrary, undermining the very purposes of the Controlled Drugs and Substances Act, which include public health and safety”.

That is an overview of why we are here. We are here now because the Conservatives are not in agreement ideologically with the Supreme Court's ruling. This legislation would impose extremely stringent conditions on places like InSite and would really dissuade any other communities that have the need for such programs from participating in them.

In a sense this legislation is only about InSite. In a sense the bill exemplifies a trend in the Conservative government.

The Conservatives have such profound disrespect for any Supreme Court ruling that comes forward and that goes against their ideology. They have a complete disrespect for the judicial branch in this country and the fact that when a decision is made by the Supreme Court, if they do not like it, then too bad. They are not the defenders of rights and freedoms in this country, the courts are. That is why we have a separate judicial process. Unfortunately, the Conservatives keep finding ways of going around any of those decisions that are made by bringing forward legislation that flies in the face of it, sort of goes around it so that it fits their ideology.

For instance, the court in this case based its decision on section 7 of the charter, “Everyone has the right to life, liberty and security of a person and the right not be deprived thereof, except in accordance with the principles of fundamental justice”.

This is extremely common. We are seeing the Conservatives disagree with fundamentally, ideologically, in Supreme Court rulings things that have to do with people's security, people's health, people's right to life. That is what is so scary about this trend. The Supreme Court did rule that InSite and other supervised injection sites must be granted a section 56 exemption when they decrease the risk of death and disease and there is little or no evidence that they have a negative impact on the community. InSite does not have a negative impact on the community, quite the opposite, it has a very positive impact on the community. The Conservatives now have to go through this bill to try to create stringent conditions for InSite.

This is blatant disrespect and disregard for the InSite ruling. it completely flies in the face of it. This is in the context of a government that has challenged the Supreme Court over and over again through these backward ways of bringing in legislation to the House that flies in the face of a ruling.

For instance, we are thinking of a very close case in my opinion, the same type of situation. Bill C-36 was recently put down. It really flies in the face of the Bedford decision, which was very clear that given the dangerous conditions of sex work, those who are engaged in it need to be able to take the steps to protect themselves. Now we have a bill that is so disempowering. It is not an exaggeration to say that lives would be put at risk due to this legislation.

We also have Bill C-24, which is the immigration bill that creates dual citizenship. Dual citizens are treated as second-class citizens who potentially would be deported and put in danger in countries they may never have even known.

This is also in the context of several crime bills that have been returned due to their unconstitutionality. We see over and over that the Conservatives are marginalizing at-risk Canadians and further marginalizing already marginalized groups.

The many justice bills of the Conservatives, as I mentioned, follow the same model. They ostracize, isolate, and divide people. Instead of trying to address the root issue, the Conservatives tackle symptoms without even looking for the source of the problem. They throw people in jail without helping them reintegrate into society, and that does not solve the problem.

Let us not forget the unelected and unaccountable Senate blocking my colleague's bill on gender identity, creating rights for trans Canadians who are so marginalized and are put in situations of violence. I do not think I have time to get into the difference between an unelected, unaccountable Senate going against the elected thoughts of the House, and the judicial process, which is to protect the rights of Canadians despite the democratic processes that happen in this House.

The Senate works against that process, but over and over, the government is choosing ideology over facts. In these cases, every time the government is going to outrageous lengths, really, to subvert the courts, and these bills. I am not exaggerating, I know am out of time but I really want to get this out. These bills are putting people in danger--

[The Acting Speaker, Conservative, Bruce Stanton]

Order, please. Before we go to questions and comments, I see the hon. government House leader may be rising on a point of order.

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 motion that this question be now put.

[Dan Albas, Conservative, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I am certainly glad we are debating issues. I think people will be happy to see that we are seized with such issues.

My question is simple. There are many things that are under federal regulation. One is cell towers. We now require consultation with communities to make sure that if a cell tower goes in that the community is apprised and that consultation is made properly.

Does the member not agree that having an InSite-like location should also merit public consultation, the same as we do right now with cell towers? Is there not a need to consult with people about that issue?

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am not from British Columbia so I will not engage in that. However, I want to point out that over and over again the government has not been consulting the constituencies it should be consulting when it has bills that affect those communities significantly.

I will bring up UNDRIP to be specific. We are signed on to the United Nations Declaration of the Rights of Indigenous Peoples, which calls for us to meaningfully consult with first nations communities on anything that has to do with their territory, sovereignty, language, culture, et cetera. Yet every single time we have seen a bill come forward that amends the Indian Act or affects these communities in some other way, we have seen the Conservative government go to extreme lengths to avoid any kind of meaningful consultation, other than to receive an email stating that it supports them. We have seen this over and over again. It is truly sad to see the member stand up on cell towers. It is an issue that is important to my constituents as well but it is just such hypocrisy.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, as has been said here tonight by many people, and we talk about a potential charter challenge once more stemming from this type of legislation, it seems to run against logic in this case. It is not like this is something that we can see coming in a challenge and we look at our legislation that protects the fundamental rights contained within our charter. In this case, it is section 7 and the exemption that is laid out in section 56 and the continuation of it.

My question to my colleague is this. With the rules that are now in place following the recent Supreme Court decision, does she feel that the rules and guidelines, which the government brags about, are particularly onerous in that they set the bar too high for any future potential injection site in this country?

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, this bill puts far too much onus on the communities to prove the benefits of these sites when the court ruling was clear that the onus is on the government to prove that they are dangerous to the community. What is unfortunate is the government's ideological way of seeing the world. The number of overdose deaths has dropped by 35% in Vancouver since InSite opened. That is such a significant statistic. It goes against the ideology of the government, so clearly it will go to great lengths to subvert the courts on this.

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

Mr. Speaker, I listened closely to my colleague's speech, which was very eloquent and relevant. We know that 70% of intravenous drug users who use InSite are less likely to share needles, and reducing needle sharing has been listed as an international best practice to reduce HIV/AIDS, hepatitis B and hepatitis C. However, since we began debating this bill, we have noticed that our colleagues on the government benches have adopted the ostrich approach, meaning they simply stick their heads in the oil sands instead of thinking about the health and safety of Canadians.

Should they not be more realistic and come back down to earth?

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, we are talking about a government that is trying to appoint judges who are not qualified to the Supreme Court. I forgot to mention that throughout my speech.

It has been proven that InSite has brought down the risk of contracting and spreading blood-borne diseases, like HIV/AIDS, like Hep C. These are all facts. It does not seem like the Conservatives care about facts. It does not mean anything to them.

The Conservatives are not governing for every Canadian; they are governing by ideology. The Conservatives are trying to score political points. While they are doing that, they are putting lives of people in danger. That is why I cannot support the bill.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, as we can see, we are dealing with an extremely emotional subject tonight, and it is unfortunately too often misunderstood. I know that our colleagues across the way view safe injection sites as a threat or as a way to encourage drug use, but that is not the case.

In fact, all the experiences in Canada and abroad show that safe injection sites are a means of decreasing the number of deaths, disease transmission in communities, health care costs and drug use in public places. In fact, we have a very compelling example here in Canada. InSite has proven itself and is now accepted by the neighbourhood residents and those who work in the area.

Actually, 80% of the people who live and work in the area around InSite support the project. I do not know what the numbers were when the project was first proposed, but now that they coexist with InSite, 80% of the people—a large majority—approve InSite and consider it an asset to their community. InSite is no exception: we see the same numbers when we look at what is being done in Europe.

People who live in the neighbourhoods affected and who see the results are overwhelmingly in favour of this type of site. Nevertheless, tonight we are debating a bill whose objective is obvious and is essentially meant to prevent sites like InSite from operating or from being created, for purely ideological reasons. We hear all the time that these are ideological reasons, but they are also demagogic ones. They have nothing to do with what we can truly accomplish with such initiatives.

As I have said in the past when I spoke to this issue, I have a hard time understanding what the Conservatives want. Do they want more people sick, more cases of hepatitis and AIDS in our communities? Do they want more crime? What is it that they want and why do they want it?

In my riding of Laurier—Sainte-Marie we want fewer sick people, less crime and fewer problems. Of course there are problems with drug use in Laurier—Sainte-Marie. It is an urban riding in downtown Montreal. In this area we often see problems with drug use and it is where people with these types of problems congregate. However, there are all kinds of solutions that we could be looking to. I am talking about the work done by CACTUS Montréal, L'Anonyme, the CSSS and the EMRII team. These are all worthwhile initiatives and there is one thing missing that could complement the services they offer: a supervised injection site. A number of groups are interested in opening one in downtown Montreal and even in the greater Montreal area.

People want to do this because they want to prevent deaths, crime and disease. They want to make our communities safer. In fact, that is exactly what the Supreme Court had to say. Let me go over some facts. InSite's exemption expired in 2008. It had an exemption because the Controlled Drugs and Substances Act prohibits the drugs that people are injecting at this centre.

However, section 56 grants an exemption for medical, preventive, control and monitoring purposes, so that drug users do not have to give themselves an injection in what are often appalling conditions.

When InSite's exemption expired, the health minister declined the renewal request. As could be expected, the matter ended up in court. First, the B.C. Supreme Court ruled that InSite should be granted a new exemption.

Unsatisfied with this ruling, as we might expect, the Conservative government brought the matter to the B.C. Court of Appeal, which also ruled that InSite should remain open. The government still would not let the matter rest, and the case eventually came before the Supreme Court of Canada. The Supreme Court ruled that the minister's decision to turn down the exemption renewal, thus essentially forcing InSite to close its doors, violated the charter rights of its clients.

Here is what the Supreme Court had to say about the minister's decision:

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

The court also noted that:

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.

That seems clear to me. No one can claim that is a partisan ruling, even though the Conservatives now seem to think that the Supreme Court is a partisan organization because it has the nerve to defend the Canadian Charter of Rights and Freedoms and oppose the government's unconstitutional decisions.

The Supreme Court found that the government had the duty to allow InSite and other supervised injection sites to provide these services that can save lives.

However, the Supreme Court did not just limit the analysis of the situation to clients of InSite. It also addressed the issue of public safety, as well it should. We know that this is an issue that concerns many people. In fact, public safety is often used as a reason to refuse to set up these sites.

Just like the experts, the court raised the point that it is yet to be proven that there is a negative impact on public safety. The court is clear: if a site can cause harm to a community, then it can be banned. We must maintain a balance. However, given the benefits that stem from these sites, one would really have to demonstrate that there would indeed be harm. There is no evidence to that effect. In fact, it is quite the opposite; there are public safety benefits.

Since my time is almost up, I will close by saying that I walked through Laurier—Sainte-Marie with representatives from various organizations. I picked up syringes in backyards and parks. Seeing syringes is bad enough, but children and adults could get hurt. Preventing this activity from happening in a public place is a question of public safety. It is no surprise that 80% of people who live near InSite and similar sites in Europe think that this is a good thing that improved their quality of life.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, tonight, as I have been listening to all the speeches, I have heard two themes. The first theme is that the members opposite are saying there is no consultation. They referred to Bill C-36, which of course had over 30,000 consultations online, plus consultation with numerous groups from all aspects. Then tonight, on this particular bill, where we are talking about safe injection sites, the opposition parties do not agree that the communities, the municipalities, or the police forces should be consulted if a safe injection site were to grow up in the community around where they live.

The open consultation in the bill more than suggests that the communities should be consulted before an InSite should be set up in a certain community. Therefore, I would ask the member opposite what it is: consult with the community or not consult with the community? That is what this bill is all about. It is consultation.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I cannot help myself: I find it a tad rich when I hear Conservatives talk about consulting Canadians when every time I travel around my riding—or elsewhere in Canada for that matter—to conduct consultations, particularly on issues for which I am the critic, Canadians tell me that this government does not talk to anybody, does not listen to anybody, is completely out of touch, and does not care what Canadians think.

This is so barefaced. Of course consultations are necessary. Nobody ever said that they were not. However, they set the bar so high—in terms of the quantity of consultations and the documentation required—that the whole thing becomes completely impracticable. Worse still, even if the entire community is 100% in favour of InSite centres, the minister still has the arbitrary authority to decide that an exemption will not be granted.

This is not a bill about consultation. This whole exercise is so brazen. The ultimate objective of the bill is to render it utterly impossible to set up centres such as InSite. Even if somebody managed to overcome all the obstacles put in their path, the minister could still arbitrarily decide that it is a no go.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, just to follow up on the comments from my Conservative colleague, the Canadian Nurses Association is concerned about the meaning of broad community support when it comes to this bill. Obviously it has spoken extensively in favour, as it represents front-line practitioners. The Canadian Medical Association supports evidence-based harm reduction tools. The evidence is quite clear for many of these people. Again, I only bring up these groups because of the fact that they are front-line practitioners and they certainly know what it is they talk about.

Richard Elliott, executive director of the Canadian HIV/AIDS Legal Network, talks about this as well. These groups are not just national in scope, but they certainly are local when it comes to the jobs they are charged with and the passion they bring.

My question for my hon. colleague goes back to the charter challenge, which is likely going to happen in this particular case. It is astonishing how the opinion put out by the Supreme Court earlier as to the infractions under section 7 of the charter have so blatantly not been addressed. What upcoming struggles does the government face in doing this?

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I thank my colleague for his excellent question, which brings me to a point I wanted to raise in my speech, had I had more time.

Using this bill to circumvent the Supreme Court decision is so clumsy and bald-faced that one could be forgiven for concluding that the Conservatives were deliberately trying to go back to court to once again be told “no”. Put simply, the bill in no way responds to the Supreme Court ruling.