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.

Motions in amendment

[Jonathan Tremblay, NDP, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Mr. Speaker, I have a very simple question for the hon. member. I believe that it is important to base our laws on facts and not ideology. I would like to know whether the member believes that supervised injection sites help lower the crime rate and whether they not only help improve the users' well-being, but also the well-being of the surrounding community.

[John Carmichael, Conservative, Don Valley West, ON]

Mr. Speaker, I appreciate the member's question, but it is a disturbing one. We are not talking about the right or wrong of InSite, or of that injection site. We are talking about a consultative process that would allow the Minister of Health to make a fully informed decision.

When the member opposite and his colleagues talk about ideology, their ideology would cause me to be concerned as to the freedom with which they would open consumption sites across the country without appropriate consultation.

I sat in committee and heard from many witnesses from a broad variety of professional backgrounds who offered tremendous insight into what is the right and wrong approach to this. Consultation is clearly the answer to give the minister the right information so that she could then proceed to make an informed decision on whether or not that facility would be opened in a community.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is with pleasure that I stand today to talk on Bill C-2. It is not my first opportunity, as I spoke on the bill earlier when it was in second reading and I had the opportunity then to share some thoughts.

I am disappointed that the government has not seen the merit of making a considerable number of amendments to attempt to improve the legislation. For me, this feeds into the script that comes out of the Prime Minister's Office in terms of why we actually have Bill C-2 before us today in the manner in which it has been designed.

I think that Canadians should be aware, if they are not already, that there very much is a hidden agenda with the current Conservative government. We see that in the naming of many of its bills and the manner in which it brings in legislation.

As has been pointed out, when the government introduced Bill C-2, it was just a matter of hours before we saw a press release go out from the government. The government was trying to capitalize on some notion that Canadians could anticipate a bunch of sites being planted all over Canada in all regions and that this was something the Liberal Party and the New Democratic Party were going to ensure would take place, but it would be okay, because the Conservatives were in government, and if they were given money, they would make sure it would not happen. It was a propaganda machine that the Conservatives put into place literally an hour or so after they actually introduced Bill C-2.

So much for arriving at what is in the best interests of Canadians through using science and information to design good, solid, sound public health and safety policy. Bill C-2 has very little to do with that, and I am being generous when I say “very little”.

Let us be very clear that there is a need to make some changes because of a Supreme Court decision; however, we also need to be very clear that Bill C-2 goes well beyond what the Supreme Court of Canada ruled in terms of the factors to be considered when granting an exemption.

Section 56 of the CDSA gives the Minister of Health discretionary powers to grant exemptions from the act under one of three different categories: medical purposes, scientific purposes, or in the public interest.

The one site that Canada has is in Vancouver. It is known as InSite, and we have heard a lot of discussion about InSite. We need to recognize that it came into being as an experiment back in 2003. Back then, there was a great sense of co-operation. We used the term “co-operative federalism”, and I think that is an appropriate term to use in that situation, because in the lead-up to 2003 when this project came to the surface, we saw months of effort by a wide variety of stakeholders. They came to the table and said that we needed to do something. Ultimately, through consensus-building and working with the different stakeholders, this was the idea they came up with.

It was the Jean Chrétien government, working with Paul Martin and the minister of health, that came up with an idea of what and how the federal government would be able to contribute to the debate to realize something that the community itself wanted and that many other stakeholders felt there was a need for. We also had the provincial and municipal governments come to the table.

As I mentioned in my questions to government members, we saw other stakeholders such as police, nurses, other health care professionals and, most importantly, the community itself come to the table through non-profit groups, resident groups, and individuals who were having addiction issues themselves. All came to the conclusion that this was necessary.

I do not know to what degree the government of the day listens when it is told about some of the issues in our communities, especially in many of the larger communities. We need a government that understands that safe injection sites must be part of a broader evidence-based national drug policy that actually saves lives, reduces harm, and promotes public health. This is the type of government that I believe Canadians want. When it comes to action by the government in addressing that broad consensus, we find that Bill C-2 goes against what is in the public interest and the safety of Canadians.

I represent the wonderful riding of Winnipeg North, which has a great deal of culture and heritage. It has many positive things going for it. However, like other communities in Canada, it has some issues it needs to try to overcome. I do not see a government that is very sympathetic to that, because it is not looking for answers. It is not looking at ways to help communities.

A question I asked earlier today of a Conservative member was whether the member could tell us if he saw any value whatsoever in InSite in Vancouver. He skated about the question and did not provide an answer. If we listen to a number of members, whether it is today or previous days, in addressing this very important issue, we come to the conclusion that the government just does not care about dealing in a tangible way with many of the issues that are important to communities in our country. The InSite location in Vancouver is just one of them.

If we want to be able to deal with issues of addiction and crime in many communities, to look at the environments around some of the schools because of drug issues, needles, and so forth, and if we want to be able to deal with many of these constituency or types of issues, whether in Vancouver, Toronto, Winnipeg, or any other community, we at least need to approach the issue with an open mind. I do not see that on the Conservative benches because the government has ruled out any sort of science or other presentation that was made, whether by the police forces, health care providers, individuals having to deal with this addiction problem, or community activists who are trying not only to help those with addictions but also to turn communities around and make a positive difference among them.

I do not see a government that is sensitive to the needs of the community. I see a government that is more interested in getting re-elected and using legislation as a tool to attempt to scare Canadians into contributing to Conservative coffers. The bill is more about that than dealing with the reality of the situation. I find that unacceptable, and Canadians will recognize that in 2015.

[Eve Adams, Conservative, Parliamentary Secretary to the Minister of Health]

Mr. Speaker, I listened very attentively to the hon. member. I would like to ask him whether or not he believes that his residents ought to have a say in whether or not a drug injection site should be put into their communities. Does he believe that his community representatives and leaders, whether the local school principal, teachers, moms and dads, or senior citizens, are the ones who ought to have a say in whether or not a drug injection site is put into their neighbourhood or at the end of their street?

For the families and many Canadians who have invested in their primary residences, that residence is perhaps the single largest investment they will ever make in their lifetime. If a drug injection site were to be put into their neighbourhood, at the end of their street or just behind their street, perhaps they ought be consulted before such a site goes in.

Does the member believe they should be consulted?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, not only do I believe that, I can also assure the member that they would be consulted.

Does she really believe that there was no consultation before the establishment of InSite? Nothing could be further from the truth. If and when it were to occur again, I can assure the member that there will be consultation taking place without this legislation.

The parliamentary secretary should reflect on that. Even her own minister would be quite content to see the facility close down, yet I do not believe that the Minister of Health has ever visited the facility in question, even though hundreds of lives have been saved directly through this one particular site. However, the minister has never even set foot in it from what I understand—

[Eve Adams, Conservative, Mississauga—Brampton South, ON]

I have.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, of course, she has now. I am glad that she has, as parliamentary secretary. I am glad to hear that. She should be advocating what the Liberals and New Democrats are advocating.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I thank the member for his speech.

What has always struck me about the well-known InSite, which was founded 10 years ago, is how innovative it is.

Through creativity and imagination, we were able to create something that was completely new and innovative. The current government is not taking us forward; it is setting us back.

What does my colleague think about how innovative this centre is and how important it is to have innovative policies to address the major challenges facing Canadians and Canada?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, that is an excellent question. There has been a lot learned through InSite in Vancouver. If we were to canvas, we would find that there is no organization or any credible individuals coming forward and saying that it should be shut down, unless they are a part of the Conservative caucus here in Ottawa.

All of the evidence clearly shows that it has had a very positive and overwhelming impact. There is always room for some improvements, but at the end of the day, there has been a great deal learned from InSite. We would like to think that the government would be open to the types of things that it could learn from that so that we could continue to do what we can to address the whole issue of drug addiction and all of its repercussions

[David McGuinty, Liberal, Ottawa South, ON]

Mr. Speaker, the more I hear the Conservatives speak about this, the more I know they are hoisted on their own petard.

The parliamentary secretary got up earlier and said she had had the courage to visit InSite. I am very happy to hear that. I wonder if she took a picture and disseminated it to her constituents to explain just how positive InSite's work is. It has dramatically lowered HIV infection rates. It has dramatically lowered hepatitis C infection rates.

The Conservatives are trying to hide behind this notion of consultation, but they really are hoisted on their petard, because there were over 60 amendments moved by opposition parties. None passed. There were amendments by the Province of B.C., the chief public health officer of B.C., and the City of Vancouver. None passed. The Vancouver Police Department supports InSite. It goes on and on.

The only marginalized, completely ostracized group left that does not support moving forward on the safe injection sites is the federal Conservative caucus.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, my colleague has hit it right on. That is the problem. Everyone outside of the House, and Liberals and the New Democrats within the House, recognize there is a great deal of value to what happens in Vancouver. We recognize that Bill C-2 is not healthy for us to pass.

We can only appeal to individuals like the parliamentary secretary who has visited the site to recognize the good that she saw, and maybe vote more independent of the Prime Minister's office.

The House resumed from December 1, 2014 consideration of Bill C-2, An Act to amend the Controlled Drugs and Substances Act, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Respect for Communities Act

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, I am happy to rise today to support the proposed legislation, the respect for communities act, otherwise known as Bill C-2. I do not think that anyone can deny the enormous public health harms associated with illicit drug use. In some way, we have all seen the damage that illicit drug use can cause, not only to the health of the user, but to families, friends, and communities.

The Controlled Drugs and Substances Act, the CDSA for short, is the federal legislation that controls substances that can alter mental processes and may produce harm to health and society when diverted or misused. The CDSA has the dual purpose of protecting public health and maintaining public safety.

The substances covered by the CDSA have a risk of abuse and pose serious risks to individuals when they are misused or abused. Those risks are significant. They increase when the controlled substance is unregulated, untested, and obtained from illegal sources. That is an important point that often gets lost in this debate. The drugs that would be used at any proposed supervised injection drug site are bought on the black market. We are not talking about drugs that are prescribed by a doctor and have the needed medical oversight. These drugs are purchased on the street and then used by people suffering with addictions.

Our government takes safety very seriously, and we have a number of controls in place when it comes to prescribed drugs. In fact, this House recently passed Vanessa's law in order to strengthen the safety of prescription drugs. Given this, I think it is only appropriate that we give all Canadians an opportunity to comment on the measures which could be needed to protect health when a site is proposed to allow the injection of illegal street drugs.

Our government believes that exemptions from the CDSA for activities involving illegal substances at supervised consumption sites should only be granted once rigorous and relevant criteria have been addressed by the applicant. The criteria that are outlined in the bill stem directly from the five factors laid out in the 2011 Supreme Court of Canada decision on lnsite. The court's decision requires the Minister of Health to consider the following five factors when assessing an exemption application for a supervised consumption site: evidence, if any, on the impact of such a site on crime rates; local conditions indicating a need for such a site; the regulatory structure in place to support the site; resources available to support its maintenance; and, expressions of community support or opposition.

All of the criteria proposed in Bill C-2 relate to one of these factors that I just referred to. Much like the dual purpose of the CDSA, which is to protect public health and maintain public safety, the criteria in this bill balance both the public health and public safety considerations of the operation of a supervised consumption site. The criteria included in this bill are relevant to matters of public health or public safety, and some of the criteria address both.

Today I would like to focus on some of the public health criteria in the bill and discuss how each one relates to the factors set out by the Supreme Court of Canada. One criteria requires that an applicant provide a letter from the provincial minister responsible for health in the province in which the site would be located, which outlines his or her opinion on the proposed activities at the site and describes how those activities are integrated within the provincial health care system. I can guarantee that the health minister in my province of Alberta would want to be consulted on proposals for a site like this. It is only appropriate that provincial ministers be afforded an opportunity to have their views heard. This relates to the Supreme Court factor that requires that community expressions of support or opposition be considered.

These criteria allow the professional opinion of the respective provincial minister of health to be a part of what the federal minister would consider when assessing or assigning an application. Moreover, information about access to drug treatment services, if any, could help to understand how drug users would be supported within the provincial health care system.

Other public health-related criteria fulfill the court's directive to look at evidence, if any, on local conditions indicating a need for such a site. These criteria are asking for relevant information on things like the number of people who consume illicit substances or have infectious diseases in relation to illicit drug use in the area of the proposed site.

Another requirement for applicants which contributes to the minister's understanding of the local conditions is official reports, if any, that are relevant to the establishment of a supervised consumption site, including any coroners' reports. These reports, including those from a coroner, could be used to support evidence of illicit drug problems in the area, indicate important drug use patterns, and identify the demographic of the individuals who could benefit from the services provided by a supervised consumption site.

We all know that the best laid plans can sometimes run into local circumstances that present unexpected challenges to a plan, so it is critically important that the bill require that the facts on the ground be considered when any proposed site is being looked at.

Additionally, following an initial exemption, if an applicant wishes to continue activities at a supervised consumption site, subsequent exemption applications would have to inform the Minister of Health of evidence, if any, of any impacts of the site's activities on public health during the period that the site had been operating.

This information provides the minister with an understanding of public health impacts that the site has had and would potentially continue to experience with a future exemption. This criterion builds on the Supreme Court factor requiring the minister to consider local conditions in the area where a site would be located.

In its decision, the Supreme Court affirmed the discretion of the Minister of Health to grant or deny exemption applications and to request information for this purpose.

This proposed legislation clearly identifies information to be addressed in an exemption application to assist the minister in considering the information relevant to the Supreme Court factors. Her decision must balance the protection of public health and maintenance of public safety in accordance with the charter.

Moreover, the criteria serve to add clarity and transparency to the exemption application process. With this legislation, all persons wishing to open a supervised consumption site would know exactly what is expected as part of their application.

While the focus of my speech today has been related to public health, it is important to note that the proposed legislation balances both public health and public safety. Indeed, Bill C-2 would amend the CDSA to create a more robust legislative structure to balance protection of public health and maintenance of public safety with respect to supervised consumption sites.

It is imperative that there be strong controls around activities with these dangerous drugs, and I urge all members to vote in favour of the bill.

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, I listened with great interest to the member's speech, and if he and his party are so concerned with public health, the HIV West Yellowhead is holding seminars into harm reduction in March.

My first question would be whether he will attend these meetings and actually consult with HIV West Yellowhead to see what its members think about the bill. After that consultation, if an organization like HIV West Yellowhead has problems with the bill, will he bring forward amendments to the government bill?

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, I was not aware of this conference, but if I get an invitation, I will attend, and I will give my opinions based on what I learn from that.