Good Samaritan Drug Overdose Act

An Act to amend the Controlled Drugs and Substances Act (assistance — drug overdose)

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Ron McKinnon  Liberal

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Controlled Drugs and Substances Act in order to exempt from charges for possession or charges related to the violation of certain conditions or orders a person who seeks emergency medical or law enforcement assistance for themselves or another person following overdosing on a controlled substance.

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

Nov. 2, 2016 Passed That the Bill be now read a third time and do pass.

June 15th, 2016 / 4:40 p.m.
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Community Engagement Coordinator, Waterloo Region Crime Prevention Council

Michael Parkinson

I'm aware of a small study out of Massachusetts, and it was a hospital-based overdose prevention intervention program. People who went through it were informed about the good Samaritan law in Massachusetts, and the call rates jumped close to 90% from 41% upon entering this kind of program. That's a small survey.

To your point about putting officers at risk or people getting off scot-free, I think Christine's example is one of tens of thousands across Canada that lives would be saved. If there's something more important than saving lives of Canadians, then I think communities across Canada would like to know what that is.

When we did our report in the Waterloo region, we convened, as we always do, a multi-sectoral table. Senior management from all first responders were there. The medical community was there. Community services and social services were there. What we learned in those discussions was that police want to attend in an overdose emergency. There may be evidence; it may be things go wrong, but their first priority is the preservation of life, and I absolutely believe that to be true.

But we have situations in Ontario, in Nova Scotia and so on where people do get charged with possession, and that sometimes includes the victim. It has a chilling effect.

One story out of Halton spread through Ontario within two weeks. Everybody knew about it. So I think at the end of the day, you're on the right side of history to pass Bill C-224.

June 15th, 2016 / 4:40 p.m.
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Community Engagement Coordinator, Waterloo Region Crime Prevention Council

Michael Parkinson

The 88% wasn't a group that we surveyed. It was a group surveyed out of Washington state. The research was reported by the University of Washington, I think. It indicated that 88% of people who were using opiates would be more likely to call after being informed about the good Samaritan legislation that existed there. We are in the same boat at the Crime Prevention Council: evidence-based or evidence-informed, and lots of really great ideas. I am not aware of any evaluation of existing state initiatives in the U.S.A. I am aware that something is coming in from New York state. I think that this is a flaw, really, on the Americans' part. We don't have to walk down that road in Canada. It might be palatable to pass Bill C-224 with a commitment to evaluate and revisit it, particularly some of the issues that have been addressed around this table, in a year or two.

June 15th, 2016 / 4:30 p.m.
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Liberal

John Oliver Liberal Oakville, ON

Mr. Saint-Denis, is the definition of overdose contained in the proposed Bill C-224, an acceptable definition? Would doctors and the police agree with that as well? Is that a standard accepted definition?

June 15th, 2016 / 4:20 p.m.
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As an Individual

Christine Padaric

My name is Christine Padaric and I live in Heidelberg, Ontario.

I'm honoured to be invited to speak to you today and share my story of loss in an effort to save people from going through a similar experience.

We're all aware that drug usage is rampant in our country and shows no signs of slowing down. With the introduction of bootleg fentanyl, it will only result in more deaths.

Passing Bill C-224 would help make strides towards improving the relationship between citizens and police. I know that it would save lives.

On April 12, 2013, my sweet, funny, affectionate, handsome, stubborn, athletic, pot-smoking, 17-year-old son died. He died from a pointless, unnecessary prescription overdose, which I've since learned is the leading cause of accidental death in North America. If this tragedy can happen to me and my family, it can truly happen to anyone.

The night my son overdosed, it was witnessed by a group of six individuals in their twenties. They watched him exhibit every symptom of overdose and did not do anything. That is how deeply ingrained the fear of legal involvement is when drug use is concerned.

Briefly, this is an account of the events that happened the night of April 5, 2013, from witness statements.

Austin was administered a lethal dose of morphine in the early hours by a drug dealer who crushed and held morphine to my son's nose and demanded that he snort. My son was already high from a previous tablet and so obeyed. Around 3 a.m., Austin went into medical distress. Everyone was aware of this. The six young adults discussed the situation. They put him in a tub of cold water. They talked about calling 911. However, the dealer, who was also the owner of the apartment, wanted no part of that. The dealer threatened the lives of others if anyone called 911 and because of the dealer's perceived authority, others were intimidated and feared reprisal from the dealer himself.

As well, the young people did not fully understand the signs and symptoms of an overdose or even what it means to be overdosing. They had allowed themselves to be manipulated by the drug dealer, and rolled Austin on his side on the couch in the hopes that he would sleep it off. The six individuals all slept in this one bedroom apartment that night, right next to Austin.

When the first person woke up at 7:30 a.m., she described him as looking dead. Panic ensued. The cowardly drug dealer fled his own apartment. At that point the others called 911. EMS worked on Austin for about 30 minutes, shocking him repeatedly, trying to get a heartbeat. He eventually succumbed to his injuries six days later in hospital and peacefully died with his family surrounding him.

On a positive note, Austin was able to save five adult males from terminal illness due to organ donation.

Today my mission is to shed light on the devastating reality of abuse of prescription drug use, which is rampant in our country, and find solutions to overcome this problem and save lives. I facilitate a chapter of GRASP, which stands for Grief Recovery After a Substance Passing. It's a peer support group to help others recover after the loss of a loved one due to substance abuse. Regretfully, four of the five regular attendees in our Waterloo chapter all lost sons under circumstances where a call to 911 would likely have resulted in a life saved.

I've created an organization called SKATE For Austin. SKATE stands for Save Kids Abusing Thru Education. I use SKATE as the acronym because of Austin's love for hockey and skateboarding. Under this organization, along with assistance from Region of Waterloo Public Health, I teach an overdose awareness class to high school students. I will teach it to service groups. I'll teach it to anyone who will actually listen.

I believe drugs are part of our society today and we need to equip our young people with the knowledge to make informed decisions and to recognize an overdose if they witness one. The steps are basic: quiet stimulation to determine if the person can be aroused; call 911; perform rescue breathing and/or administer naloxone, if available; put the person in the rescue position until help arrives.

I've done my own informal study during these training sessions with the students and I've learned that girls are far more likely than boys to call 911. I've also been told on two separate occasions that teens were at a party where someone went into distress. In one case 911 was called, and in the other case the individual did regain consciousness. Both individuals who approached me said that everyone is more careful in Elmira.

Elmira, Ontario, is the town where my son died, and also where he went to high school. Everyone in Elmira is much more careful at parties today since Austin's death, and the revelation that he did not have to die.

I am also a member of a number of harm reduction committees with the Region of Waterloo. I've created an overdose map of Canada online where I post details of those lost to overdose to show visually the crisis we are in.

I strongly support Mr. McKinnon's proposed bill, Bill C-224. It's one more step we can take toward harm reduction in our country. Because people fear being arrested, risking parole, being charged with drug possession, having their parents notified of their actions, etc., a lot of work will be required to educate the public if this bill is passed. It will take time for law enforcement to gain trust. I was told by doctors that in all likelihood, my son Austin would be alive and well today had one of the six people present that night called 911 at the first sign of distress instead of allowing Austin to suffer for seven long hours.

I'm speaking on behalf of all parents when I say I do not want to see anyone lose their child because someone else was afraid to call 911.

Thank you for allowing me to speak.

June 15th, 2016 / 4:10 p.m.
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Donald MacPherson Board Member, Pivot Legal Society

Thank you. My name is Donald MacPherson. I am a board member of the Pivot Legal Society. I am also, I have to confess, the director of the Canadian Drug Policy Coalition, and Pivot is one of our coalition members. I'll try not to repeat many of the statistics that have been thrown around here.

Canada is in the grips of an overdose epidemic; there's no doubt about it. One simply has to look at the numbers that Michael just told you. B.C. has indeed declared a public health emergency; other jurisdictions might consider doing the same. At a time like this, we need all hands on deck across institutional contexts, political parties, and the broader community. These deaths are preventable with timely intervention. We know that.

We know that naloxone has reversed thousands of overdose deaths since the epidemic in B.C. in the early 1990s. We know that no one has ever died on a supervised consumption site from an overdose even though many non-fatal overdoses take place in these facilities.

We know that psychosocial treatment and substitution treatments such as methadone, buprenorphine, hydromorphone, and heroin-assisted treatment can be successful in assisting people with substance use disorders. All of these interventions need to be scaled up in Canada as part of a comprehensive response to overdose deaths.

This brings us to Bill C-224, the good Samaritan drug overdose act. We see good Samaritan legislation as one component of a comprehensive public health approach to overdose that fits within a harm reduction paradigm.

Harm reduction is part of a spectrum of non-judgmental strategies aimed at reducing the harms related to drug use and connecting individuals with health and social services that they might not otherwise access. Harm reduction also places a priority on the protection of human life and strives to improve health and safety in our communities for everyone.

Most overdoses occur in the presence of other people. The chance of surviving an overdose, like that of surviving a heart attack, is almost entirely dependent on how fast one receives emergency medical help.

Michael covered some of the other data on the Waterloo-Wellington overdose response survey. I won't repeat that. However, I will add that the survey found that in over half of overdose cases, 911 was not called or the respondents did not know if it was called. In addition, recent amendments to the Controlled Drugs and Substances Act which stipulate mandatory prison sentences for some drug-related offences will unquestionably intensify fear of prosecution for witnesses of drug overdose and increase rates of preventable overdose deaths.

The good Samaritan legislation in the U.S. has parallelled efforts to improve layperson access to naloxone. The United States have scaled up since 2007, as you have heard. Good Samaritan laws complement the tremendous efforts taking place within health authorities, provincial governments, and the community to maximize the availability of naloxone, a life-saving drug which when administered to a person suffering an opioid overdose immediately reverses the overdose.

Overdose response at this level, which is perilously close to the end of life, must involve a two-pronged approach: having naloxone available and getting it to the overdose victim in a timely fashion. Seconds matter.

Good Samaritan legislation can be enhanced by operational policies within local police departments that address attendance at overdose situations. The Vancouver Police Department has an explicit policy of non-attendance at routine overdose calls. The VPD policy document reads, “There is little value in police attendance at a routine, non-fatal overdose. It would be a rare circumstance for criminal charges to arise from attendance at a routine overdose call”.

Policy should tend to restrict police attendance to overdose calls only in the event that there is specific need for public safety. Restricting police attendance at routine overdose events would support the intent of Bill C-224.

We would also add that we would encourage the government to look at the broader context and explore the idea of decriminalization of all drugs, such as has been implemented in some jurisdictions and is being contemplated in others in order to better focus our response to overdoses with health responses rather than with criminal justice ones. That's a discussion for another day.

The Pivot Legal Society is supportive of the direction of Bill C-224. The benefits of this bill include a strong signal from political leaders that the protection of life is a priority in these situations and that the imperative to call for help trumps the fact that criminalized drugs may be a part of the context of the call for help.

We don't think the legislation goes far enough and it could be improved.

We would like clarification of the language of the bill, similar to a previous statement. It wasn't clear to us that the actual person overdosing was protected under this bill.

Another shortcoming that we see is that the bill covers only possession, and not possession for the purpose of trafficking, which is quite a broad provision and would include people sharing drugs, which is common since drug use is often a social activity.

We are concerned that the immunity provided by the bill is not broad enough to maximize the chances that a call would be made in a timely fashion.

We also believe it would be in keeping with the spirit of the bill to ensure that people who have outstanding warrants, particularly for non-violent crimes, don't hesitate to make a call that could save a life, and they should be covered under the immunity provided by the bill.

Thank you.

June 15th, 2016 / 4:06 p.m.
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Michael Parkinson Community Engagement Coordinator, Waterloo Region Crime Prevention Council

I'm going to talk fairly quickly.

My name is Michael Parkinson, and I am with the Waterloo Region Crime Prevention Council. It's my pleasure to provide evidence discerned from our research investigating the barriers to calling 911 during an overdose emergency.

The Crime Prevention Council mandate is to address the root causes of crime, fear of crime, and victimization. We work collaboratively with partners in a variety of fields, including social services, justice, health, enforcement, and so on. We've done that since 1995. We're the Canadian model for crime prevention through social development within Canada and beyond.

We began working on drug-related issues in 2006, knowing there's a relationship between problematic substance use, crime, and victimization. While likely most people will never engage in criminal behaviour because they're using substances, prescription medications, alcohol, or illicit drugs, we know that Canadian prisons are filled with people who have a connection to substance use. Correctional facilities, as you know, are an expensive intervention. They consume half the cost of the Canadian criminal justice system, and they have questionable outcomes for individuals, communities, and taxpayers upon release.

When health and social service systems fail to treat the root causes, the justice system is left to punish the symptoms, and drug-related issues provide a poignant example. We can do better, and indeed we must.

Canada is experiencing the worst drug safety crisis in our nation's history. It's not often reported in the media, but I assure you that is absolutely the case and not just recently either. In the U.S., the Centers for Disease Control and Prevention say that Americans are in the middle of the worst drug epidemic in U.S. history.

For both countries, the substances driving those overdose fatalities to record-setting levels are a class of pain medications called opioids, which are essentially pharmaceutical-grade heroin, and substances of known dependency for more than a century. There's a relationship between opioid sales, overdose deaths, and addiction. Canada holds the dubious distinction of being a global leader in prescription opioid consumption. The U.S. comes in for the silver medal.

In my province of Ontario, a person dies every 14 hours of an opioid-related death. That's a rise of more than 500% since the year 2000. That's more than 6,000 dead Ontarians. Deaths from acute drug toxicity surpassed fatalities on Ontario's roadways five years ago. Now we have what I would call the bootleg opioids, which is a class of high-potency opioids the Waterloo Region Crime Prevention Council first advised about in 2013. They're produced exclusively and distributed exclusively on the black market. They're being detected in substances in a variety of formulations across Canada and the U.S., and they are now responsible for driving overdose fatalities up, even as prescription opioid fatalities plateau.

In Alberta, from 2011 to 2015, the rise in overdose deaths was 4,500%. That's not a typo; it's 4,500%. In British Columbia, overdose deaths in the first five months of this year have risen 75% compared to the same period last year. You've heard they've declared a public health state of emergency for overdoses, but most provinces have no monitoring, and there are no emergency preparedness plans, much less interventions, in place.

Some of the fentanyls, and these are the bootleg fentanyls, are essentially weapons-grade substances. A kilogram of powdered fentanyl...there was a kilogram of powder seized in Quebec City a couple of months ago that contained enough lethal doses to kill every resident in Quebec City, or about half a million lethal doses. Multi-kilogram seizures are no longer unusual in Canada. The profit margins for the black market are absolutely extraordinary.

From research in B.C. we know that most people who tested positive for fentanyl are completely unaware of ingesting it. People who used substances occasionally and daily are at a significantly elevated risk of death. Canada's overdose crisis seems certain to get worse before it gets better. Bill C-224 is a key life-saving tool in our nation's first aid kit.

It is always worth remembering that an opioid overdose is a medical emergency, whether the victim was using it as prescribed or not. Opioid overdose victims cannot save themselves. They depend on a witness or a good Samaritan. Seconds do matter. It's the difference between life and death, or between a lifetime of brain injury or not. The best medical advice from the colleges across Canada always includes calling 911 and providing resuscitation to the victim.

In 2008 we provided a first glimpse into the extent and typology of overdoses in the Waterloo region. We combed through hospital data. We combed through coroner's data. One of the significant findings was that more people showed up at hospitals for an overdose than were brought in through 911. That's what we call the “dump and run” strategy. You want to do the right thing, but you're not going to call 911 because of fear of entanglement with the criminal justice system. You do the next best thing you can think of in the moment. You drive to the hospital, dump the victim off, and you split right away.

In 2012 we sought to determine the barriers to calling 911 during an illicit overdose emergency by conducting primary research in an area of southern Ontario that we thought might be representative of Canada in the main. We surveyed 450 people who were using substances or were on a path toward recovery from addiction. Almost 60% had witnessed an opioid overdose emergency. We found that despite the best of intentions, witnesses to an illicit overdose—and most often there's at least one witness—will call 911 and wait with the victim just 46% of the time. In contrast, 911 call rates for cardiac arrest are above 90%. We found that the primary reason for not calling 911 was fear of the police presence. We found that 83% of those surveyed thought they might face criminal charges if 911 was called. We could find no literature suggesting that one could educate people into calling 911.

These findings that 46% of witnesses would call 911 and that fear of the Canadian criminal justice system is the major barrier are consistent with some newer, albeit limited, data from across Canada. They are consistent with findings from across the U.S. and are the primary reason that most states in the U.S. have a good Samaritan law.

June 15th, 2016 / 3:30 p.m.
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Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

I'm looking forward to it.

Mr. Chair, I want to thank you and the committee for so proactively taking up this study so we can deal with it before we adjourn for the summer.

The bottom line is that the Bill C-224, the good Samaritan drug overdose act, is intended to save lives. We need to find a way to save precious time and get this bill through the legislative process, and this proactive study is certainly a help in that direction, because we need to start saving lives and preventing the deaths of countless Canadians. I recognize your interest and effort in moving this legislation forward.

This bill is a simple amendment, as you know, to the Controlled Drugs and Substances Act. In order to save lives, we are adding three paragraphs that will have a great impact. It provides an exemption from prosecution for simple possession when a reasonable person believes that emergency medical assistance is required in the event of an overdose. It does not provide protection for offences such as trafficking, or outstanding warrants, or any of a myriad of other possibilities. It's focused simply on possession.

We kept it focused so narrowly because we felt, and continue to feel, that extending it too far and too broadly potentially would make it difficult to pass. Keeping it sweet and simple, we believe, is a recipe for success, besides which, extending the exemptions would require considerably more study and is probably beyond the scope of what a private member's bill should try to accomplish.

At second reading, I spoke of two young men whose lives ended far too early. They died because no one called 911 soon enough. No one called for help for one reason only: they were afraid that they would get into trouble. They were afraid that they would get charged with possession or have to deal with the police, and they were scared. Delay of course in a situation like this means death.

It's a story that is far too common. The largest barrier to calling for help during a drug overdose is fear of criminal prosecution for simple possession. Bill C-224 intends to remove that barrier. This bill is intended to make it okay for you to call for help.

Later today, you will hear from the Waterloo Region Crime Prevention Council, whose report factored very heavily in my own presentation earlier. In their 2012 report on the barriers to calling 911, they reported on a study showing that 46% of the respondents, in the absence of a law such as this, would either not call for help or would call and run. That's problematic in a number of ways. Certainly, if they call and run, for example, there's no one left to help the first responders find the person or to inform them of what the problem is that they're trying to deal with. Again, it means delay, and it potentially means death, and that's tragic. That's why we've introduced the Bill C-224, the good Samaritan drug overdose act, which is now before this committee.

We have had feedback from law enforcement agencies and first responders who are very, very supportive of the principle of this bill. In fact, Port Moody's chief constable recorded a video, complete with logo, uniform, and all that stuff, in support of this bill. A number of first responders—paramedics, firemen, and so forth—have also signified their support. That support also includes faith-based organizations in the community, which have given similar testimonials, and politicians from all levels of government, including the municipal, school board, provincial, and federal levels.

Governments across Canada have expressed their support. I've received letters supporting this bill from the health ministers of British Columbia, Alberta, Saskatchewan, New Brunswick, and Nova Scotia. Of course, as mentioned earlier in previous speeches, many states in the U.S. have legislation of this kind. At last count, 36 states plus the District of Columbia have similar legislation on the books, and these laws work. In 2010, the State of Washington passed similar legislation. A study in that state reported that 88% of respondents said they would call for help because of the protection in law.

Currently, overdose deaths are happening at alarming rates. For the period of January to May 2015, in British Columbia, we had 176 deaths, and last week, the B.C. Coroners Service said that this year, in the same time period, there were 308 deaths. That's over two a day, on average.

I think I'm out of time, so I'll call an end to it right there.

June 15th, 2016 / 3:30 p.m.
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Liberal

The Chair Liberal Bill Casey

Ladies and gentlemen, I call the meeting to order, and I welcome our guest, Mr. McKinnon.

We have a little housekeeping to do here on a couple of things.

We have two panels today. We have the proponent of Bill C-224. I'm going to propose that he speak for five minutes and that we then have a 28-minute round of questioning. Then we're going to take a small suspension and have our second panel. I propose that they have five minutes each, and that we have rounds of questions for 51 minutes.

Does everybody agree with that? That's a little change from our normal format, but we have two panels.

All right. Mr. McKinnon, the floor is yours for five minutes, and then we're going to question you for 28 minutes.

Good Samaritan Drug Overdose ActPrivate Members' Business

June 3rd, 2016 / 1:55 p.m.
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Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

Madam Speaker, it is an honour to rise at the end of this debate to acknowledge and thank the many members on both sides of the House who have risen in support of Bill C-224, the good Samaritan drug overdose act, many of whom have shared with us their personal, powerful stories about why the bill is so important. This support has resonated not only on a multi-partisan basis throughout the House but throughout Canada as well, from coast to coast to coast.

We have, for instance, received strong expressions of support from the ministers of health in several provinces. In B.C., there is support from the B.C. chief coroner and the B.C. public health officer, as many have noted already, who has just recently declared a public health emergency due to the surge in overdose deaths, a dramatic increase that has in fact echoed across the whole country.

In my own tri-cities community as well, a great many of our local public officials have stepped up, from the mayors of each of the tri-cities to school board trustees and a large number of city councillors. Indeed, Port Coquitlam city council passed a unanimous resolution of support.

We have heard from police, firefighters, and paramedics as well, for first responders know that they can only save lives if they actually get the call. We have heard from religious leaders and ordinary citizens, as well as, throughout the country, families of victims who might have lived if only someone had picked up the phone and made that call a little earlier. By providing limited immunity from simple possession charges, we would remove a significant barrier to making that call. This means more lives will be saved and more people will live to have a chance to make better choices.

In my opening speech, I spoke of Austin Padaric and Kelly Best, two young men who tragically died too young and who might have lived if someone had made that call earlier. Austin and Kelly are just two of the all too many unfortunate victims throughout this land who on a daily basis needlessly die because someone was afraid to call for help. Austin and Kelly, let these names stand now on behalf of all those victims through all the years, but better yet, let them stand as well for all of those we might yet save in the years to come by passing this bill.

The bill will not end the scourge of drug overdoses and we will not end the intolerable toll of death, but surely, we can stem the rising tide. We will not slay this dragon in this one fell blow, but we can bring it to its knees.

Good Samaritan Drug Overdose ActPrivate Members' Business

June 3rd, 2016 / 1:50 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I will keep my comments short, but I would first like to address the member's concerns in regard to W-18. We know it is a very powerful drug that has caused a great deal of damage to society. I can assure the member that the Government of Canada has acted very quickly on it. It is now on the illegal substances list. That means it is illegal in Canada for production, possession, importation, exportation, and trafficking. All of that is now illegal for the W-18 drug. We see that as a good thing, showing that the government can respond to incidents of this nature.

I want to compliment our colleague, the member for Coquitlam—Port Coquitlam for the efforts he has put in to provide us with Bill C-224 today. It should be acknowledged that through the efforts of the member he will in fact be saving lives if we pass the bill. There seems to be a will of the House to give it, potentially, unanimous support. That speaks volumes.

We have a member who recognized just how important the good Samaritan bill on drug overdose is not only to the community he represents but the community as a whole. I did get a chance to go over the comments the member provided and listen to the two examples. They were both young people, one in Ontario and one in Saskatchewan. These types of stories of overdoses and unnecessary deaths are very sad and tragic. It happens today in a very real and tangible way.

I rise with pleasure to indicate not only my support, but the government's support for Bill C-224 in hopes that we will ultimately see unanimous support.

Good Samaritan Drug Overdose ActPrivate Members' Business

June 3rd, 2016 / 1:45 p.m.
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NDP

Erin Weir NDP Regina—Lewvan, SK

Madam Speaker, we will be supporting the bill before us, which would provide an exemption from drug possession charges when someone calls 911 to report an overdose. It is a simple, common-sense, proven policy that will save lives. I thank the member for Coquitlam—Port Coquitlam for bringing the bill forward.

We know all too well how desperately our communities need action to end this crisis. As the member for Kamloops—Thompson—Cariboo mentioned, British Columbia's health officer has declared a public health emergency. This is the first time that such emergency powers have been used. The province took this step, because in the first three months of this year, there have been more than 200 deaths from overdoses of fentanyl. At that rate, we could see 700 to 800 British Columbians dead by the end of this year. We are talking about an opiate that is exponentially more powerful than morphine or heroin.

We have seen provincial task forces created and police alerts issued in major cities across Canada. We know that this problem will not go away on its own. Indeed, it could get much worse.

Recently, police in Edmonton seized a shipment of white powder from China before it could be prepared for street sale. Lab testing revealed it to be a substance called W-18, a synthetic opiate that is unimaginably deadly. It is 100 times more powerful than fentanyl, and 10,000 times more potent than morphine. To put that in perspective, the amount seized recently in Edmonton, four kilograms, according to public health officials, is enough to kill every person in Alberta 45 times over.

However, this drug is so new that it has not yet been included in the Controlled Drugs and Substances Act. Therefore, it is clear that in the face of such a complex crisis, many things need to be done, and done quickly. Bill C-224 is one essential step, and we must take it without delay.

One study cited by the Pivot Legal Society suggested that most people who witness an overdose do not call 911. Fear of arrest for drug possession is one barrier among many, but it is one that we have the power to lift.

This is a step that many jurisdictions have already taken. In the United States, New Mexico was the first to pass a good Samaritan law in 2007, and 31 states have followed suit. By all accounts, these laws have been successful in reducing the fear of police involvement as a barrier to calling emergency assistance during an overdose.

We need to do more, as well, to ensure that drugs that counteract opiate overdoses are more readily available where they are needed. Naloxone was delisted by Health Canada on March 22. This followed the unanimous recommendation of 130 community groups, health experts, and other groups. However, this still leaves it up to the provinces to ensure broader access.

In B.C., naloxone is now available without a prescription and is in the hands of almost all EMS personnel. In Alberta, more than 500 pharmacies are offering free kits without prescriptions. However, access is not as open in some other provinces, where it is still available only to trained responders, or through a doctor's prescription to friends and family of opiate users. Furthermore, cost and access in rural areas still present barriers to saving lives from overdoses.

There remains a federal role to play in encouraging access to easier forms of dosage, for instance, replacing an injection with a nasal spray. Of course, we must also do more to prevent overdoses by increasing awareness about fentanyl-laced street drugs and by reducing its availability by tackling illegal production.

On the former, I note, for example, the recent initiative by Toronto Public Health to create a simple website, ReportBadDrugsTO.ca, to allow fast, anonymous reports of tainted street drugs so that warnings can be spread immediately to opiate users through community agencies. On the latter, I note the recent introduction in the Senate of Bill S-225 by Senator Vernon White. This bill would add the ingredients of fentanyl to the schedule of controlled precursors in the Controlled Drugs and Substances Act.

Together with the provinces we must do more to control the use of highly addictive prescription opioids. These initiatives must be considered as elements of a broader response by all levels of government to a crisis that is overwhelming too many communities.

The bill deserves to be praised in the context of removing the ideological blinders of the previous Conservative government and instead adopting the evidence and public health based approach to drug policy for which New Democrats have long been proud advocates.

I salute here the work of Libby Davies, the former member for Vancouver East, who has been a powerful advocate for harm reduction, public health, and safer communities for many years.

If we are to make this long overdue paradigm shift real it will take much more from the government. We need to see the government's promise to repeal Bill C-2 honoured and to support supervised consumption sites. We need to see a review of criminal justice laws, including mandatory minimum sentences in the Controlled Drugs and Substances Act. That, as we saw in the Supreme Court just days ago, may not only be costly and ineffective but also unconstitutional.

I know I speak for many communities when I say that this is not an issue that we can afford to leave on the back burner. In communities across Canada, overdoses are an epidemic, and we need action now.

Just last week, the CBC printed an interview with a Winnipeg opiate user named Amanda. She reached out to reporters after a close friend died of an overdose. She said, “I've had 15 contacts on my phone and two of them die in three days. That's scary enough, that says it all.”

There are many things we can do to help Amanda and the thousands of Canadians struggling with addictions and to renew and strengthen the health and safety of the communities they call home. This is one step we can take now, and I believe we should do it without delay.

Good Samaritan Drug Overdose ActPrivate Members' Business

June 3rd, 2016 / 1:35 p.m.
See context

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, I would like to thank the member for Coquitlam—Port Coquitlam for putting forward Bill C-224, an important piece of legislation. Not all of us are so fortunate as to get such an early spot for our private member's bills and to have a bill that is going to potentially make a lifesaving difference. It is truly a privilege.

I would like to provide a bit of perspective around what the issue is that my colleague is trying to address.

In British Columbia, the province both the member and I are from, between 2010 and 2015 there was a 50% increase in deaths due to drug overdose. In 2016 we have seen a really worrisome spike. There have been 201 deaths in three months in British Columbia. The situation is so serious that public health has declared a state of emergency. This is not only a big issue in British Columbia but it is a big issue across Canada.

We think this perhaps happens only in some of our larger centres, such as the Downtown Eastside. That is not accurate. In Kamloops alone there have been 13 fatalities in three months from drug overdoses, and six of those happened in one day. Four individuals managed to get treatment and are fine.

These are not just numbers and facts. These are people. These are our friends. These are our children. In Kamloops, three families have spoken out directly on this issue. They want to raise awareness, especially about fentanyl and the tragic consequences of its use.

Ryan Pinneo's family has spoken out publicly. Their son was an athlete with a very supportive family. He struggled with addiction and succumbed to a tragic overdose.

There was another young man from Kamloops named Lance Ritchie whose parents have also spoken out. The reason they are speaking out is to raise awareness in terms of the incredible danger that is out there. Lance Ritchie loved the outdoors. He loved to fish. His family has beautiful pictures of him. They have shown the people of Kamloops the pictures and have told them that, yes, he did something wrong and foolish but he was a wonderful man.

Twenty-four-year-old Ben Coan is another whose family is grieving, and it is so tragic to hear the mothers and fathers talk about their children.

Someone that I knew from a very young age, and it was a fairly high-profile tragedy in North Vancouver, involved Hardy and Amelia, a couple of young parents. They made a foolish decision, no question about it. They were good people who made a bad mistake.

What would this legislation mean? The research the proponent of the bill shared was that sometimes there is a barrier to getting help quickly and that barrier is because the people who are with their friends or their classmates or their mothers and fathers are worried that there will be some consequences in terms of the substances. The research is clear that at times there has been a barrier because of possession. We also just heard from a doctor across the aisle who, in his own experience, found that there was a barrier for people in terms of self-interest or many reasons in terms of getting help quickly.

In the case of opioids, what does getting help quickly mean? I am a nurse by background. I can remember in the hospital there was a case, and this was a legitimate use of a narcotic for pain control. We had given a woman some pain medication post-surgery and just a couple of minutes later I happened to go into the room and she had stopped breathing as the result of an allergic reaction to the pain medication.

It was absolutely shocking to see someone who had stopped breathing and who was on the brink of death. The hospitals have something called Narcan or naloxone. We injected the naloxone, or Narcan as it was called, into her and she started breathing again. She opened her eyes and wondered what had happened. For someone who has never seen this, Narcan can reverse the effects an allergy to medicaitons.

This is a multi-issue and this is one piece of the puzzle that our colleague has introduced in getting help for people quickly. Removing barriers for them to seek help is a really important piece of the puzzle.

British Columbia has a take-home naloxone program to make it readily available. Health Canada worked rapidly, going through a process to make naloxone available, not a prescription. It is cheaper for patients who have a bee allergy. We will often see their kits and learn how to do an injection to reverse the effects of the allergy to the bee. This particular injection can be easily learned and is truly life-saving.

The other important feature is that lay people can learn how to deliver naloxone. It is absolutely life-saving and there is very minimal adverse effects.

I noted that some people have said that we perhaps should be criticizing this because we are endorsing drug use. That is not actually what is happening. It has been very clear that what is happening is life-saving, whether it is someone who is suffering from an addiction who has taken an overdose, or whether it is a young person who has been at a party and who has made perhaps a foolish decision.

If we put this bill into the context of what is a dramatically escalating situation in British Columbia and across Canada and provide some basic life-saving tools, then we have a good bill. I too hope all members in the House will support the bill. Again, even if it saves one life, it is a bill well done.

Good Samaritan Drug Overdose ActPrivate Members' Business

June 3rd, 2016 / 1:30 p.m.
See context

Liberal

Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB

Madam Speaker, I am proud to once again rise in strong support of Bill C-224, the good Samaritan drug overdose act. I would like to thank the member for Coquitlam—Port Coquitlam for bringing up this vital piece of legislation. Now is the time to help our fellow Canadians in need.

Drawing on my 20 years of experience as an emergency physician, I can say with confidence that, if passed, Bill C-224 would save lives. During my clinical experience, I have witnessed and treated many overdose victims in the poverty-stricken downtown core of Winnipeg. Emergency room doctors, nurses, and first responders are better able to help people when they know what the victims have ingested into their systems. Finding out what someone has ingested is vital when determining what one can do to help them.

The findings on physical examination are often too variable to yield any useful information and laboratory tests can take too long to be of benefit. I often have to ask these patients or those who accompany them what substances they have taken. Typically, they are reluctant to provide this information. However, once I explain that there is no risk of prosecution due to patient and physician confidentiality, they give me honest answers and I am able to provide better care.

Doctor and patient confidentiality should be extended to the individuals who accompany the victims and fear of the law should not prevent someone from potentially saving a life. As physicians, nurses, first responders, and as a society, we all have a duty to care for the most vulnerable in our communities. I believe this bill would help our vulnerable population be less afraid to ask for the help they need for their friends and themselves.

Some may argue that people who routinely ingest harmful drugs are responsible for their outcome and what happens to them is their choice. I disagree. It is almost unanimously accepted by the medical profession that addiction is an illness. Furthermore, it is not widely understood by the public that addiction is highly correlated with underlying mental illness. Someone with an undiagnosed or poorly controlled mental illness may take harmful substances in an attempt to self-medicate. This bill is vital to helping these vulnerable individuals.

Critics of this bill might claim that by preventing legal sanctions against drug users, this bill facilitates and encourages drug use, as is claimed with other forms of harm reduction. On this point, the evidence is also clear. Harm reduction saves lives, improves outcomes, increases access to rehabilitation, and does not increase either the use of drugs or incidence of crime. This is the conclusion of the Canadian Medical Association, the Centers for Disease Control and Prevention, and the World Health Organization.

While we have made steps in other areas of harm reduction, Canada lags behind other jurisdictions on this issue. In the United States, over 30 states and the District of Columbia have some form of good Samaritan overdose immunity law. In 2014, the House Standing Committee on Health recommended considering good Samaritan overdose legislation in the future. This recommendation has yet to be implemented. What are we waiting for?

When looking at this bill, we should consider the evidence. A Waterloo Region Crime Prevention Council study found that fewer than half of respondents would call 911 in an overdose situation, citing potential charges as a major barrier. A study of Washington state, which passed good Samaritan overdose legislation in 2010, found that almost 90% of respondents aware of the law would make the call.

When considering this legislation, it is important to recognize these people are our sons, daughters, friends, and family members. Young people at a house party may be too scared to call for help for their overdosing friend if they fear charges. Too often we have seen this story in the news, how fear caused delay, and there should not be a need for hesitation or a second thought when calling to save a life. If this bill is passed, scared young people at a house party will be more likely to call 911 if their friend is in trouble. A bystander will be more likely to put compassion and conscience before fear and self-interest.

I expect this legislation will receive very wide support in the House, with very little opposition. In fact, if any members are considering opposing this bill, I urge them to please talk to a recovering addict, an emergency room doctor, or a victim's family. Members should ask these persons with direct experience if they think this bill could save lives, and then they should vote their conscience.

Evidence-based legislation should appeal to our hearts as much as it appeals to our logic. We need a law that responds to the rising fatalities associated with opioid use. With these rising fatalities, it is now more important to act. The future victims of an overdose cannot wait any longer. The sooner this legislation is implemented, the more vulnerable Canadians could be saved because someone made the right decision to make the call to save a life.

We are dealing with an ongoing and escalating tragedy. Let us wait no longer. The time is right to pass Bill C-224. As the member for Coquitlam—Port Coquitlam has said, there is no time for saving lives like the present. Let us pass Bill C-224. Let us save lives.

The House resumed from May 4 consideration of the motion that Bill C-224, An Act to amend the Controlled Drugs and Substances Act (assistance — drug overdose), be read the second time and referred to a committee.

Good Samaritan Drug Overdose ActPrivate Members' Business

May 4th, 2016 / 8:35 p.m.
See context

Liberal

Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB

Mr. Speaker, I rise today in strong support of Bill C-224, the good Samaritan drug overdose act.

As we have heard, the bill would encourage people to call 911 to report drug overdoses by protecting them from prosecution for drug possession. It would also exempt anyone at the scene from possession charges, but it would not apply to more serious offences like trafficking or impaired driving.

Drawing on my 20 years' experience as an emergency physician, I can say with confidence that, if passed, Bill C-224 will save lives.

We have all seen the headlines about rising numbers of overdose deaths in Canada, especially from the powerful opioid, fentanyl. On Friday, April 15, British Columbia declared a public health emergency with over 200 overdose deaths in the last three months. In the emergency room and too often in the morgue, we see the human toll behind these numbers.

Victims of drug overdoses are not statistics. They are our fellow Canadians. They are our neighbours, our friends' kids, maybe our own family. I stand today to say with conviction that in a medical emergency brought on by an overdose, fear of the law should not prevent people from picking up the phone and saving a life.

I hope all members will join me in thanking the member for Coquitlam—Port Coquitlam for bringing forward this timely and important piece of legislation. Common sense tells us and evidence confirms that Bill C-224 will help eliminate the delays in treatment that lead to debilitating injuries and death. I only wish Parliament had passed such a law years ago. It is heartbreaking to think of the lives that could have been saved.

In my own clinical experience in the emergency room, I have encountered patients who, because of their signs and symptoms, have caused me to suspect that they are under the influence of one or more potentially dangerous substances. The findings of physical examination alone are too variable to provide sufficient information, and laboratory tests often take too long to be of benefit.

I have to ask these patients, or those who accompany them, what substances they have taken. Typically, they are reluctant to provide this information. However, once I explain that there is no risk of prosecution due to patient-physician confidentiality, they give me honest answers and I am able to provide better care.

On more than one occasion this ability to gather information has prevented tragedy. However, this degree of confidentiality is not guaranteed in the community when people have to communicate with first responders. This freedom to communicate frankly with emergency services must be extended to anyone in our communities who witnesses or experiences an overdose. How can we compare the value of convicting someone on a minor charge with the value of saving a life?

In 2016 we see addiction as a health issue. I speak as an emergency physician with much of my 20 years of clinical experience in the poverty-stricken core of Winnipeg. I am aware that some people perceive persons who overdose as having made a bad decision and are therefore responsible for their fates. Perhaps they believe that saving overdose victims is not a moral obligation. However, it is almost unanimously accepted by the medical profession that addiction is an illness.

Furthermore, it is not widely understood by the public that drug abuse is highly correlated with underlying mental illness, as many individuals with undiagnosed or poorly controlled mental illness ingest substances in an attempt to self-medicate.