Respect for Communities Act

An Act to amend the Controlled Drugs and Substances Act

This bill is from 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 has also written a full legislative summary of the 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.

Similar bills

C-65 (41st Parliament, 1st session) Respect for Communities Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-2s:

C-2 (2021) Law An Act to provide further support in response to COVID-19
C-2 (2020) COVID-19 Economic Recovery Act
C-2 (2019) Law Appropriation Act No. 3, 2019-20
C-2 (2015) Law An Act to amend the Income Tax Act
C-2 (2011) Law Fair and Efficient Criminal Trials Act
C-2 (2010) Law Canada-Colombia Free Trade Agreement Implementation Act

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

June 17th, 2014 / 10:25 p.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, to that, I say bravo. This is exactly the approach we must take.

In fact, the member provided a very accurate description of the approach used by safe injection sites. It is a matter of harm reduction. We have to deal with a hard line approach. According to this approach, the plight of these people is their own fault. It is their own fault if they are hooked on drugs, and they should be left to their own devices.

Sites like these will not only help to save lives by reducing the number of overdoses, but they will also help to reduce the rate of HIV and hepatitis infection. In that sense, I think that InSite and other sites in Europe and the United States have clearly shown that this approach is much more positive for the community than an approach where authorities simply ignore the facts while hoping for the best, and drug users have to make it on their own.

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:25 p.m.

NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I am happy to rise this evening in this quiet chamber where only New Democrats seem to want to talk about how to make a better future for Canada and Canadians.

I am talking tonight about the misguided Bill C-2, an act to amend the Controlled Drugs and Substances Act. We are at second reading in the legislative process, but it is certainly early enough to say an unqualified no to this proposed piece of legislation.

It comes to us, into this chamber, in response to the 2011 Supreme Court decision that concluded that the Minister of Health's refusal to grant an extension to InSite's exemption under that act was:

...arbitrary, undermining the very purposes of the [Controlled Drugs and Substances Act], which include public health and safety.

Here we have Bill C-2. It is typical legislation from the government in a number of respects. First and foremost, it reflects a government unable to deal with, and unwilling to acknowledge, the complexities of real life. Consequently, it is a government unfit to govern.

It is a government that provides ample evidence of this to us every day, as with Bill C-36, the government's response to the Supreme Court's Bedford ruling, and the monkeying about with judicial appointments in response to the Supreme Court's Nadon ruling. This is a government that does not take advice from, but responds with infantile defiance to, that body in our system of government that is the guardian of basic rights and freedoms for Canadians.

However, there are constraints on its conduct, thankfully. In this particular circumstance, the Supreme Court was clear on the constraints the government had to work within. It was section 7 of the charter in this case. To quote the court on this decision specifically:

...the Minister must exercise 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.

There we have it. No clearer an articulation can be imagined, I do not think.

Now, in defiance of that clear statement, we have a bill that will require InSite to reapply for an exemption, but under the new proposed prejudicial criteria, criteria that make no effort to hide the anti-safe injection site animus.

Under this bill:

The Minister may only grant an exemption for a medical purpose under subsection (2) to allow certain activities to take place at a supervised consumption site in exceptional circumstances and after having considered the following principles:

(a) illicit substances may have serious health effects;

(b) adulterated controlled substances may pose health risks;

(c) the risks of overdose are inherent to the use of certain illicit substances;

and so on and so on.

However, nowhere do we find, along with those principles, anything that even remotely resembles the findings of the Supreme Court in its decision, in which they said:

InSite has been proven to save lives with no discernible negative impact on the public safety and health objectives of Canada.

How does this bill make any effort on the mountain of evidence that has accumulated in support of injection sites, and InSite in particular, as mechanisms for finding a balance between public health and public safety?

The Supreme Court, in its decision, turned its mind to all the facts, to the studies that demonstrate the beneficial impacts of InSite and other like sites around the world. The evidence in favour of safe injection sites is overwhelming. Thirty peer-reviewed studies in deeply respected medical journals, the names of which we all know in this House, are dealing with InSite itself. The studies are supported by findings confirmed by research on the other 70 safe injection sites around the world.

What the studies show, and what the Supreme Court had before it for consideration, was the following: between 1987 and 1993, which is pre-InSite, the rate of overdose deaths in Vancouver increased from 16 to 200 per year. Since InSite opened, the rate of overdose deaths in East Vancouver has dropped by 35%.

One study showed that over a one-year period, there were 273 overdoses, but not a single life was lost. Over a one-year period, 2,171 referrals were made to InSite users to addiction counselling or other support services.

Finally, studies found that those who used InSite services at least once a week were 1.7 times more likely to enrol in a detox program than those who visited infrequently.

There are more studies, but let me point to one more important finding. There was a significant drop in the number of discarded syringes, injection-related litter, and people injecting on the streets one year after InSite opened.

I raise this issue not just because I know it is a particularly compelling finding for parents like me, but also because it stands in complete contradiction to the Conservatives' anti-InSite sloganeering, “Keep heroin out of our backyards”. They call on Canadians to support the bill in order to keep “heroin out of our backyards” as though, by abolishing the safe injection site, they will also abolish heroin, as though it will just disappear somehow, as though it was not there before InSite, as though it would not return if we abolish InSite.

This is ideology in the most pejorative sense of the word, a believe that is held tight, not just in ignorance of the facts but in fact in contravention of all outstanding evidence, evidence that is before the Conservatives in plain site that one cannot miss, that the Supreme Court examined in the process of arriving at its decision. Even beyond that, it is the belief that is fundamentally illogical and irrational. This, being prepared to govern a country this way, is why the Conservatives are unfit to govern.

Governing is not some blue sky project where reality changes just because we wish it is different, where heroin disappears because we close safe injection sites, where addictions go away because we do not have harm reduction programs, or climate change does not happen because we silence scientists, empty the libraries and discard the research. It is not as though the charter disappears because the Conservatives can force legislation in contravention of it through this place.

This should properly be the role of government, not to be receiving applications as though we lived in a country without section 7 charter rights, as though the issue of harm reduction was not otherwise a matter of active government concern.

For these reasons, I stand against Bill C-2.

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:35 p.m.

Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeMinister of Citizenship and Immigration

Mr. Speaker, has the NDP given up entirely on combatting the presence of illegal drugs?

Our forces spent 12 years in Afghanistan, fighting the Taliban, a terrorist group that was partly funded by an illegal drug trade. Yes, there has been progress made in Colombia, even in many parts of Afghanistan, against this trade. It does not have to be that way. It does not always have to be there. It would not be inevitable that illegal drugs like heroin result in addiction around the world on the scale they do. If human beings, with Canada central to the effort, would only come together we could do something about it.

Why does the member opposite want to give heroin free to people in downtown Vancouver? Why does he think it is acceptable to have prostitution, crime, poverty, all of the phenomena that the members on that side have admitted are there on this scale, with a drug addiction problem at the centre? Could we not do better? Could we not do better for the people of East Hastings, the way we do for almost every other community in our country?

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:35 p.m.

NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I do not know if the minister checked the order paper this evening, but he seems to be addressing a different bill entirely. As well, the problem with his remarks is compounded by the fact that he does not understand what actually happens at the InSite safe injection facility.

What we are talking about, in fact, is doing better by Canadians. As I said, addiction does not disappear because we do not have a safe injection site. These drugs exist and people, unfortunately, become addicted to them.

As the Supreme Court stated in its ruling, “Insite has been proven to save lives with no discernable negative impact on the public safety and health objectives of Canada.”

It continues, and this is important:

The effect of denying the services of Insite to the population it serves and the correlative increase in the risk of death and disease to injection drug users is grossly disproportionate to any benefit that Canada might derive from presenting a uniform stance on the possession of narcotics.

This site is about saving lives and reducing harm. Shame on the minister if he does not understand that is what we are here in the House to do.

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:40 p.m.

The Deputy Speaker Joe Comartin

Order, please. It being 10:41 p.m., pursuant to order made earlier today it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the motion that this question be now put. Is it the pleasure of the House to adopt the motion?

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:40 p.m.

Some hon. members

Agreed.

No.

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:40 p.m.

The Deputy Speaker Joe Comartin

All those in favour of the motion will please say yea.

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:40 p.m.

Some hon. members

Yea.

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:40 p.m.

The Deputy Speaker Joe Comartin

All those opposed will please say nay.

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:40 p.m.

Some hon. members

Nay.

Respect for Communities ActGovernment Orders

June 17th, 2014 / 10:40 p.m.

The Deputy Speaker Joe Comartin

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to order made on Tuesday, May 27 the division stands deferred until Wednesday, June 18, at the expiry of the time provided for oral questions.

The House resumed from June 17 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.

Respect for Communities ActGovernment Orders

June 18th, 2014 / 3:35 p.m.

The Speaker Andrew Scheer

Pursuant to an order made on Tuesday, May 27, the House will now proceed to the taking of the deferred recorded division on the previous question at the second reading stage of Bill C-2. The question is on the previous question at the second reading stage of Bill C-2.

(The House divided on the motion, which was agreed to on the following division:)

Vote #218

Respect for Communities ActGovernment Orders

June 18th, 2014 / 3:40 p.m.

The Speaker Andrew Scheer

I declare the motion carried.

The question is on the main motion. Is it the pleasure of the House to adopt the motion?