Bill C-338 (Historical)

An Act to amend the Controlled Drugs and Substances Act (punishment)

This enactment amends the Controlled Drugs and Substances Act to increase sentences for offences related to the importing and exporting of controlled drugs and substances.

Controlled Drugs and Substances Act

[Len Webber, Conservative, Calgary Confederation, AB]

Mr. Speaker, it is my pleasure to rise today to speak to Bill C-338. This private member's bill has been brought forward by my Conservative colleague, the member for Markham—Unionville. The member has an obvious genuine concern for his own community and those across Canada. He recognizes the harmful effects that drugs have had in his own city and he has stepped up to do something about it by bringing forward this legislation, so I thank the hon. member for the work that he has done on this bill.

Drugs have been around for as long as anyone can remember, so why the urgency now? The reality is that the drug scene today is nothing like it was in the past. The Internet has made drugs far more accessible. International shipping has made drug distribution both more efficient and more difficult to stop. The growth in the highly addictive and extremely deadly drugs like fentanyl and carfentanil has made drugs more deadly than ever. As I have said in this House before, the best way to combat our drug and opioid crisis is to stop the illicit supply from coming into this country and trading on our streets.

Before the House of Commons Standing Committee on Health, the RCMP testified that 98% of the illegal opioids in this country are coming from China. This is not a new problem. Work was started under the Stephen Harper government to stem this tide of drugs flowing onto our streets. It culminated recently in an agreement with China that should have some effect—at least, we hope it will have some effect. The Public Health Agency of Canada reported that almost 2,500 Canadians died from opioid overdoses in 2016. This year, that number is expected to exceed 3,000 deaths. That is eight people a day dying from drugs, eight families a day dealing with an unexpected death.

Bill C-338 would target those who are working to bring drugs onto our streets and into our neighbourhoods. Unfortunately, even if we do catch those responsible for shipping these deadly drugs, the punishment that awaits them is insufficient and hardly a deterrent for protection of our communities.

As proposed section 1 states in the bill, if the amount of drugs involved is less than one kilogram, the offender would be subject to a maximum of life in prison with a minimum of a two-year sentence. This would increase the minimum sentence from one to two years. Proposed section 2 in the bill states that if the amount of drugs involved is more than one kilogram, the offender would be subject to a maximum of life in prison with a minimum of a three-year sentence. This would be an increase from two to three years in this minimum sentence.

One of the most dangerous drugs on the street today is carfentanil. It can kill in the smallest amounts. The equivalent of less than a grain of salt can kill. Simply touching the drug can potentially kill. First responders are at a high risk of death. I am not trying to be an alarmist here; I am just reporting the reality. Young children are dying after coming into contact with this drug. Even just the residue on clothing can be deadly to a small child.

In June 2016, Canadian border services intercepted one kilogram of carfentanil en route to my city of Calgary. RCMP Inspector Allan Lai said, “One kilogram of carfentanil can produce approximately 50 million fatal doses.” That is enough to kill every man, every woman, and every child in Canada one and a half times over. If we are going to turn this tide, we need to equip our courts with the tools that they need to remove these dealers of death from our streets.

Alberta Health Services, in my province, has found that 343 people died from fentanyl overdoses in 2016. This is a whopping 33% increase over 2015, and a horrifying 110% rise from just two years ago. A doubling of the death rate in just two years is incredible. It is disgusting. Calgary experienced the worst of it. Half of the province's deaths were in Calgary.

Of those 343 deaths in Alberta in 2016, 22 were linked to carfentanil. In the first five months of this year, more Albertans died from carfentanil than in all of last year, and the body count continues to grow. Albertans are dying at a rate of more than one a day from opioid overdoses alone.

We need to give our courts the tools and the willpower to keep the drug pushers and traffickers off our streets where they cannot do harm. We need to show our law enforcement that their tireless efforts and risky work was worth it. We need to show our first responders that we recognize the dangers they face, and we are looking to reduce potential harm. We need to show our overworked medical staff, those who see the damage daily, that we are trying to save lives as much as they are.

We need to show our communities that their safety and security is under threat, and we are taking action. Most of all, we need to show Canadian families we are doing what we can to better protect their children, their brothers, their sisters, and in some cases, sadly, their parents.

The reality is that the Liberals will not support our efforts to make these changes set out in Bill C-338. The Liberal government is working hard to expedite legislation that would make it legal for children to carry up to five grams of marijuana, while defeating Conservative attempts to jail drug dealers. The NDP members are even worse. Some of them are suggesting we legalize all drugs. This cavalier attitude toward drugs has consequences, and eight times a day, we are reminded of what is at stake.

I am not naive. I know we cannot simply increase all penalties and think it will magically make everyone follow the law. However, we are talking about people who cruise our streets, literally handing out death pills. I know we are all safer if they are in prison, and not on our streets or in our communities.

I encourage all my colleagues to vote in support of this legislation, and let it go to committee for further review. We need to tackle the importing and trafficking of drugs to stop this problem from getting any worse. If my colleagues across think the bill can be improved, then let us do it. Let this proposal go to committee. Let us hear from experts, and let us just do something.

Voting down this legislation is tantamount to doing nothing as Canadians increasingly die around us. Let us do something. Let us do the right thing. Let us vote in favour of the bill.

[Marco Mendicino, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am pleased to participate in the debate on Bill C-338, which proposes to amend the Controlled Drugs and Substances Act to increase mandatory minimum penalties, or MMPs, of imprisonment for offences relating to the importation and exportation of certain drugs and substances.

I would like to begin by commending my hon. colleague across the way for bringing forward this private member's bill. It will encourage and foster an ongoing and important discussion regarding how we best regulate controlled substances.

Let me also say that I have been listening carefully to the debate on Bill C-338 and I would like to echo the political and legal concerns that have already been raised, including the constitutional implications of this bill.

To start, it strikes me as inappropriate to provide the same MMP for substances that have vastly different levels of potency and danger. It is exactly this type of situation that the Supreme Court of Canada has raised concerns about in recent cases in which it struck down MMPs. I refer the House to the Supreme Court of Canada case in Regina v. Muir, in which the court cited R v. Lloyd in stating that “mandatory minimum sentences that...apply to offences that can be committed in various ways, under a broad range of circumstances...are vulnerable to constitutional challenge.”

Although the bill targets the importation of powerful opiates like fentanyl and carfentanil that are lethal in very small quantities, the increased MMPs would also apply to other substances like cannabis. Hon. members will recall that the government has introduced Bill C-45 and Bill C-46 to address and introduce a new comprehensive regime so that we can keep cannabis out of the hands of our youth and vulnerable communities.

Although a highly regulated substance, cannabis simply does not share the devastating qualities of fentanyl for instance. Suffice it to say that such differences are material from a sentencing and charter perspective, so it does not make sense to treat these two substances in the same way.

That said, there is no doubt that the increasing prevalence of potent opioids in our communities has sparked a public health crisis in Canada.

The onslaught of this deadly epidemic in Canada is twofold. First, the overdose crisis has been driven by the emergence of these powerful illicit opioids on the black market, leading to an unprecedented number of deaths among illegal drug users. This unfortunate reality is exacerbated by vile and deceitful drug dealers who mix these incredibly cheap yet highly addictive and potent substances with other more expensive drugs, for instance heroin or cocaine, in an effort to maximize their profits. The relative ease with which these opioids can be produced further compounds these problems.

A secondary contributing factor has been the high levels of addiction to legal opioids across Canada. This trend has been caused in part by inappropriate prescribing practices and poor education on the risks associated with opioid use.

Unfortunately, once prescription renewals expire, many individuals turn to the black market to supply their addiction. The demand that emanates from legal opioid addiction helps fuel the demand for such substances on the black market.

To effectively respond to the opioid crisis in Canada both contributing factors must be addressed. This is partly why I have strong reservations about the approach proposed in Bill C-338. It proposes an unnecessary, costly, and likely ineffective approach to a complex drug problem. The bill is focused on increasing MMPs for offenders engaged in importing and exporting instead of focusing on the root causes of this epidemic.

Evidentiary support is simply lacking to suggest that increasing MMPs in the way proposed by the bill will reduce the influx of these lethal drugs into Canadian communities. In fact, research on the “war on drugs” in the United States reveals that increased penalties do little to deter high-level drug traffickers from engaging in this lucrative criminal conduct, nor do they do anything to help those battling addictions. Health and criminal justice experts assert that addressing the demand side is critical to comprehensively responding to complex social problems like these.

The import and export offences targeted by Bill C-338 are already punishable by a maximum term of life in prison. In Canada, this is the highest penalty a judge can impose. In my personal experience as a drug prosecutor, our judges consistently use their discretion to impose stiff penalties if and when they are warranted. In fact, courts around the country are already treating fentanyl trafficking very seriously.

For example, in a recent decision this year, Regina v. Fyfe, the judge imposed a total sentence of five years' imprisonment on a low level first-time fentanyl trafficker. I would point out that this is two more years than the mandatory minimum jail sentence proposed by this private member's bill. In the decision, the court noted that an appropriate sentence for fentanyl trafficking must be more serious than other hard drugs, for example cocaine, given the substantial risks posed by this and similar opioids.

Moreover, appellate courts across the country are revisiting sentencing ranges for those who traffic in these dangerous substances, noting that previous ranges are “out of sync” with the dangers these substances pose to society. I offer and commend to the House the case of Regina v. Smith, decided by the British Columbia Court of Appeal in 2017.

I will pause to note that it is important that we reaffirm the fundamental principle of the independence of the judiciary as that imparts a high degree of confidence among the public that the judiciary will do their job.

Let me be clear. We are talking about an unprecedented number of fatal drug overdoses in Canada. Our government fully understands the gravity of the situation, and we continue to take action to address the problem. The policies put in place to deal with this crisis need to be guided by performance measurement standards and evidence. These policies must have an immediate impact in order to reduce the number of tragic deaths.

That is why I am so pleased that our government has introduced a new Canadian drug and substances strategy. The strategy focuses on prevention, treatment, and enforcement, but it also reinstates harm reduction as a core pillar of Canada's drug policy. The strategy champions a comprehensive, collaborative, compassionate, and evidence-based approach to drug policy.

To further advance this strategy, the Minister of Health introduced Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments under other acts. Together, these will address the serious and pressing public health issues related to opioids. That bill has now received royal assent, which is something all members in the House should celebrate.

This legislative response is one important part of our government's comprehensive approach to drug policy in Canada. Bill C-37 will simplify and streamline the application process for supervised consumption sites, clamp down on illegal pill presses, and extend the authority of border officers to inspect suspicious small packages coming into Canada, which is precisely the object of what this private member's bill tries to address.

In relation to this last point, extending the inspection powers of the CBSA officers is important, because one standard-sized envelope can contain 30 grams of fentanyl, potent enough to cause 15,000 overdoses. These numbers will increase exponentially where the substance in question is carfentanil.

In addition, our government is also investing over $100 million to support the new Canadian drugs and substances strategy. This is in addition to $10 million in emergency support that the federal government has provided to the province of British Columbia to assist in responding to the overwhelming number of overdoses.

While the private member's bill is well intentioned, its objectives will not be accomplished through the provisions set out in it. This is for all the reasons I have stated in my remarks. I therefore encourage all members to vote this private member's bill down and continue to support all the good work our government is doing with regard to controlled substances.

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, it is an honour to rise today and speak in favour of the private member's bill put forward by my colleague, the member for Markham—Unionville. I want to thank the other members who have risen in the House today to speak on this important piece of legislation to amend the Controlled Drugs and Substances Act in order to increase sentences for offences related to the importing and exporting of controlled drugs and substances.

I want to be very clear. We have an opioid crisis. It is plaguing our communities. As legislators, we must take some sort of action. We heard from some of my colleagues earlier today on Bill C-37, which would give our border services agents additional tools to address things like illegal pill presses and to search small packages. Those are all steps to address what I think all of us in this House would agree is a plague that is impacting communities across the country.

Bill C-338 is another step for us as parliamentarians to give our law enforcement officers, as well as the judicial system, the tools they need to fight this opioid crisis that is unfortunately taking away our friends, neighbours, and, in some cases, our family.

I want to talk a little about what is going on in my home province of Alberta. My riding is almost completely rural. We have never seen something like this affect the communities in my riding for as long as most of us have been there. For example, in 2016 there were 338 accidental opioid deaths, and the 2017 numbers are predicted to be much worse.

I have a first nations community in my riding, the Kainai Blood first nation, which had to declare a state of emergency in 2016 because of the number of deaths they were facing in their community. Many of those were young people. About 80% of the deaths in Alberta were people 20 to 35 years old. These were young people who had their entire lives ahead of them.

We have to understand that we have to get away from that stereotype that these are somehow down-and-out people or those who have long-term drug addiction problems. Some of them may, but what is most frightening to me and to many of my colleagues in this House is that a large number of those who have died from these opioid overdoses were trying opioids for the first time, or had taken something else that unknown to them was laced with fentanyl or carfentanil.

My colleague across the floor was talking about trying to take marijuana out of the hands of children and out of the black market. Unfortunately, many of these deaths are from people smoking marijuana that has been laced with some of these very dangerous opioid products. It is disingenuous to say that the legislation brought forward by the Liberal government is going to take marijuana out of the hands of children. That is what concerns me on the approach to fentanyl.

If people are allowed to have four plants, three feet high, in their house, how is it possibly going to make it less accessible to children? For example, in Ontario the provincial Wynne government is saying it is going to look at the LCBO as the avenue or vehicle to sell marijuana. The odds of the LCBO selling marijuana at a cheaper price than what is available on the street is probably slim to none.

We have to take stronger action to address some of these issues. What is attractive in Bill C-338 is that it takes a hard line on those who are importing and exporting fentanyl and carfentanil and these other very harmful opioids. These products are flooding our communities. I would attest that there is not a community, not a constituency, not a riding anywhere in Canada that is immune to this opioid crisis.

I think those of us who are in western Canada, in B.C. and Alberta, felt it a little sooner than maybe the rest of the Canadian provinces and territories. It is certainly making its way across Canada. There are massive numbers of these fentanyl and carfentanil pills. I know some of it is from prescriptions, from pharmacy patients who are distributing or reselling these products, but the vast majority of it is being imported from out of the country. A lot of it is from China.

We have to take some very strong steps as parliamentarians to ensure that those who import these products face some very harsh punishment, as well as those who export them, even though we do not have as much control over that aspect of it.

I have been to far too many funerals over the last two or three years for young people who have overdosed on fentanyl. The last one I was at was for a young man who was 26 years old. I had known him for most of his life. I coached him in hockey. I certainly never expected something like that to happen. This is a life that was taken much too soon. I know the bill does not address some of the consequences of fentanyl and opioid abuse, but it certainly addresses some of the root causes of it. I am not saying we cannot focus on funding for mental health. That is a key part of this issue as well.

Certainly access to counselling, access to addictions counselling and recovery, those things are also very critical. I hope we have those discussions in Parliament moving forward. However, a big part of this is also on the justice side. What tools can we as parliamentarians give to our law enforcement and justice to ensure they can take hard action against people who import these products and then sell them in our neighbourhoods, schoolyards, and in communities across the country.

That is why as Conservatives we have taken such a hard stance on ensuring we have safe communities, mandatory sentencing, being tough on crime. As Canadians, we want to ensure we have safe communities, safe streets. I want to feel comfortable that my children are safe in my community. That is why it is so critical to do everything we can to stop the illegal importation of these drugs, methamphetamines, ecstasy, fentanyl. Again, we must provide our health services with the tools they need for mental health, resources on counselling, but we must ensure that those who import and sell these drugs face the harshest of punishments. They must be severely held accountable when they import these types of products.

I want to emphasize the fact that Bill C-338 does not talk about substance misuse. I do not want our friends across the floor to think we are not focusing on the consequences of drug addiction. That was a large issue with Bill C-37, which we talked about in the last session. We are talking about people who are bringing in these illegal substances into our country and making them available for sale and distribution in our communities. I recognize the importance of mental health services, but it is also to ensure we have the tools in place so those who import and sell these drugs face the most severe consequences.

The bill from my colleague from Ontario is one step, one tool in taking action against drug dealers.

We are facing an emergency. Drugs do not discriminate. It does not matter what age, gender, or how much money people make. These drugs are dangerous and unfortunately for many of us in the House we have seen they can kill our friends, neighbours, or loved ones.

It is important as parliamentarians that we take action. Canadians are looking to us to take strong action on the opioid crisis. I believe Bill C-338 brought forward by my colleague from Markham—Unionville is a key part of that strategy. It is one tool we can take to ensure our communities and our families are safe.

[The Deputy Speaker, Conservative, Bruce Stanton]

Resuming debate. Accordingly I invite the hon. member for Markham—Unionville for his right of reply. The hon. member has up to five minutes for his comments.

[Bob Saroya, Conservative, Markham—Unionville, ON]

Mr. Speaker, I rise again today to address a serious issue that is causing thousands of deaths in Canada each year. The importing and exporting of dangerous drugs and substances is a serious threat to Canadians. More must be done.

I introduced Bill C-338, an act to amend the Controlled Drugs and Substances Act with regard to punishment in order to increase sentences for offences related to the importing and exporting of controlled drugs and substances. Bill C-338 indicates that if the subject matter of the offence is less than one kilogram of a substance included in Schedule I or in Schedule II, he or she is guilty of an indictable offence and is liable to imprisonment for life, with a minimum sentence of two years. It also indicates that if the subject matter of the offence is a substance included in Schedule I and is in an amount that is more than one kilogram, the person is guilty of an indictable offence and is liable to imprisonment for life, with a minimum punishment of three years.

The current sentence is too light. This is unacceptable. It does not deter drug traffickers from continuing to import, export, and profit at the expense of society's most vulnerable. The reality is that criminals who import and export deadly drugs and substances are responsible for thousands of lost lives.

Canadian families expect safe and healthy communities in which to raise their children. Canadians are especially concerned about crime, which is why the former Conservative government introduced and passed over 30 measures aimed at strengthening our justice system, standing up for victims, and keeping our streets safe. Canadians lose faith in the criminal justice system when they feel that the punishment does not fit the crime. We make no apologies for strengthening penalties for drug trafficking or other crimes. We must ensure that sentencing still reflects the desire of Canadians to get tough on drug dealers and other criminals.

We are in the grips of a deadly fentanyl epidemic. In Ontario, about two people a day die due to opioid overdoses, and most involve fentanyl. A few months ago, the former health minister claimed that Canada needed more data on the opioid overdose crisis. I was shocked. The reality is that fentanyl is on our streets and people are dying. We do not need more research; we need action now. Bill C-338 will do that.

In 2016, opioids claimed the lives of at least 2,458 Canadians, according to a new estimate released by the Public Health Agency of Canada. Light sentences make it appealing for drug dealers to produce illegal substances in basements, labs, and kitchens. These dangerous drugs are produced in such conditions that it is impossible to predict the strength of each dose. In my riding of Markham—Unionville, a drug lab was discovered in the heart of an upper-middle-class residential neighbourhood. This forced residents to evacuate their homes. From coast to coast to coast, no community in any member's riding is immune to this epidemic. I truly understand the need for robust prevention and treatment options for addicts, but we cannot rehabilitate dead bodies.

As it stands, the Controlled Drugs and Substances Act provides inadequate and unintimidating punishment for criminals who import and export lethal drugs and substances. Those who import and export these drugs and substances must be brought to justice and must face increased mandatory minimum sentences. Our constituents expect us to do more to keep our children and communities safe.

[The Deputy Speaker, Conservative, Bruce Stanton]

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

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Conservative, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Deputy Speaker, Conservative, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Conservative, Bruce Stanton]

In my opinion the nays have it.

Pursuant to Standing Order 93, the recorded division on the motion stands deferred until Wednesday, September 27, immediately before the time provided for private members' business.