An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts

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

Sponsor

Jane Philpott  Liberal

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 to, among other things,
(a) simplify the process of applying for an exemption that would allow certain activities to take place at a supervised consumption site, as well as the process of applying for subsequent exemptions;
(b) prohibit the importation of designated devices — unless the importation is registered with the Minister of Health — as well as prescribed activities in relation to designated devices;
(c) expand the offence of possession, production, sale or importation of anything knowing that it will be used to produce or traffic in methamphetamine so that it applies to anything that is intended to be used to produce or traffic in any controlled substance;
(d) authorize the Minister to temporarily add to a schedule to that Act substances that the Minister has reasonable grounds to believe pose a significant risk to public health or safety, in order to control them;
(e) authorize the Minister to require a person who may conduct activities in relation to controlled substances, precursors or designated devices to provide the Minister with information or to take certain measures in respect of such activities;
(f) add an administrative monetary penalties scheme;
(g) streamline the disposition of seized, found or otherwise acquired controlled substances, precursors and chemical and non-chemical offence-related property;
(h) modernize inspection powers; and
(i) expand and amend certain regulation-making authorities, including in respect of the collection, use, retention, disclosure and disposal of information.
It makes related amendments to the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to repeal provisions that prevent customs officers from opening mail that weighs 30 grams or less.
It also makes other related amendments to the Criminal Code and the Seized Property Management Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 15, 2017 Passed Motion respecting Senate amendments to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
May 15, 2017 Failed Motion respecting Senate amendments to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (amendment)
May 15, 2017 Passed Time allocation for Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
Feb. 15, 2017 Passed That the Bill be now read a third time and do pass.
Feb. 14, 2017 Passed That Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Feb. 14, 2017 Passed That, in relation to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, not more than one sitting day shall be allotted to the consideration of the report stage of the said bill and not more than one sitting day shall be allotted to the consideration of the third reading stage of the said bill and, fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of each stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the report stage or the third reading stage, as the case may be, of the bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 1, 2017 Passed That the Bill be now read a second time and referred to the Standing Committee on Health.
Feb. 1, 2017 Passed That, in relation to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 4:30 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, when the health committee conducted our emergency study into the opioid crisis last fall, the very first recommendation we made, with all-party support, was to declare the opioid overdose crisis a national public health emergency. This would give the public health officer of Canada extraordinary powers to act immediately, primarily by flowing emergency funds where they needed it and by declaring overdose prevention units as health units to legalize them so cities could actually get supervised consumption sites operating immediately instead of waiting for the application process under the bill, which the hon. member knows will take months before it is passed.

This call was echoed by Dr. David Juurlink, the keynote speaker at the health minister's opioid summit, by B.C. health minister, Terry Lake, and mayors across the country.

In the face of the mounting death toll and his acknowledgement that supervised consumption sites save lives, why will the government not declare a national public health emergency so we can actually get these temporary emergency sites operating today and start saving lives today?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 4:35 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, it is important to recognize that we have responded to every request the provinces have raised with our government in this crisis and we continue to work with them. In fact, in the event that a public welfare emergency under the Emergencies Act were declared, the chief public health officer would not have any new or special powers. The Emergencies Act is considered a tool of last resort and an emergency has never been declared under this act. Prior to its enactment, its predecessor, the War Measures Act, was used only three times: during the First World War, the Second World War, and the October crisis of 1970.

What is important for us to recognize is that this government has demonstrated strong national leadership in working with our provincial counterparts, indigenous people, municipalities, the many different stakeholders that have a vested interest, our first responders, and so many more, bringing people together in order to have a coordinated comprehensive approach to deal with this national crisis.

This government is doing whatever can be done in order to get the job done.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 4:35 p.m.
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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, I will be sharing my time with the member for Calgary Nose Hill.

Today I rise in the House to address a grave situation. Bill C-37, which was introduced by the Minister of Health, is supposedly a solution to combat the ongoing opioid crisis in Canada. However, if carried through, the bill would have the potential to devastate communities, while creating no real solution for addicts.

I have no issues with certain parts of the bill. It must be acknowledged that certain sections are steps in the right direction.

It is appropriate that the bill would grant more authority to the Canada Border Services Agency in order for it to open international mail of any weight. We know that imports from certain countries are a major contributor to Canada's growing opioid problem. As it stands, the Canada Border Services Agency is not permitted to open, search, or test suspicious packages that weigh less than 30 grams. As a result, drug dealers in Canada have been able to order chemicals and illicit drugs online and have them shipped here.

It is vital that the government continue to ensure that these deadly chemicals are not crossing our borders and that those importing them are punished and held accountable.

I support the bill's prohibition of importing unregistered devices, such as pill pressers, which are used to manufacture bootleg fentanyl.

Broadening prohibitions so they apply to the possession, production, sale, importation, or transportation of anything intended to be used in the production of any controlled substance, including fentanyl, is welcome. However, the penalties, especially for the schedule I substances, are far too soft.

I also support the section of the bill that would allow the addition of a temporary schedule to the Controlled Drugs and Substances Act, because often new substances are designed to mimic illegal drugs while being different enough to avoid existing laws.

For the most part, these are steps in the right direction. However, there exist dangerous flaws in the rest of Bill C-37, which I cannot in good conscience support as is.

It is immensely disappointing that the Liberals refuse to acknowledge that prescription opioids are a major contributor to the opioid crisis.

In 2014, the previous Conservative government announced a plan to pursue tamper-resistant properties in prescription drugs. This would make it tough for people to crush, inject, or snort the pill. The Liberals have decided to abandon this plan, claiming it would not help Canada's growing drug problem. This decision is ill-informed and irresponsible. We encourage the Liberals to reintroduce tamper-resistant properties in order to save the lives of Canadians.

I am especially disturbed by the portion of the bill that severely weakens the Respect for Communities Act, which is crucial to ensuring that communities are consulted before a supervised injection site is approved.

Bill C-37 would make the consultative process surrounding injection sites practically non-existent. It would prevent communities from voicing legitimate concerns regarding proposed injection sites. Ironically, the government promised to engage and listen to the concerns of Canadians. It is essential that all members of communities have the opportunity to give input on proposed injection sites. This must include police, neighbourhood groups, public health organizations, the province, and the municipal government.

It ought to be mandatory to acquire a letter of support from the mayor of the city in which an injection site is to be located. It is not acceptable that if this ill-advised bill is enacted, a supervised injection site may be approved after meeting only five criteria as opposed to 26 previous safeguards.

Last year I held a public round table on these so-called safe injection sites in my riding of Markham—Unionville. Over 100 residents attended. They all told me they fear these injection sites are normalizing illegal behaviour and creating an unsafe environment for children. They are worried these sites will decrease their property values. Furthermore, they are furious that the Liberal government is wasting taxpayer dollars on purchasing drugs and paraphernalia for addicts.

I also wrote a letter to each Markham councillor asking whether they would support a safe injection site in Markham. Any response other than a definitive no is unsatisfactory for me and all residents of Markham—Unionville. I have yet to receive such a reply.

Markham council will have the final say on whether or not a safe injection site is located in Markham. I am extremely concerned that if presented with a proposal to open a safe injection site in Markham, council will approve this request. Markham residents can expect to hear more from me on this issue. I will not stop until I am satisfied that there will be no safe injection site in Markham.

This bill proves that the Liberals would rather encourage drug users than help them get back on their feet through rehabilitation and treatment.

Drugs that are used in supervised injection sites are illegally obtained. The Liberal government's actions would enable criminal behaviour and give addicts a safe space to get their fix instead of investing in proper treatment. Substance abuse experts, medical experts, and law enforcement officials all agree that the best way to spend money is on effective treatment programs, not injection sites.

The Liberals have given up on people who need help. Instead of allocating money to programs that can treat addicts, the Liberals are attempting to push ahead with a plan that would jeopardize the safety of communities. We ask ourselves, why would the Liberals do this? The answer, it seems, is that they are pursuing a shocking hidden agenda.

I was alarmed last Thursday when I read a Liberal MP's bombshell opinion editorial for Vice News Canada with the headline “Decriminalize all drugs”. This is a dangerous and irresponsible proposal.

Only a couple of weeks ago, a drug lab was discovered in the heart of a residential neighbourhood in Markham—Unionville, forcing residents to evacuate.

For concerned families and communities like ours, these reckless Liberal ideas are reprehensible and also highlight the minister's out-of-touch ideas about drug policies. Helping rehabilitate drug addicts is a noble policy, but handing out drug paraphernalia and decriminalizing the most dangerous illicit narcotics are not.

While I support certain sections of the bill that would make it more difficult to import drugs and chemicals from overseas, I strongly condemn the parts of the bill regarding injection sites that encourage drug use instead of helping drug users quit and get back on their feet.

I urge members of the House to stand up for their communities and for all Canadians and reject this disturbing and careless bill until it protects Canadians instead of jeopardizing communities and to reject the Liberals' hidden drug agenda.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 4:45 p.m.
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Liberal

David Graham Liberal Laurentides—Labelle, QC

Madam Speaker, I listened intently to the speech by the member for Markham—Unionville. I am wondering if the member could explain to us how he expects to put drug users back on their feet by putting them in jail and giving them a criminal record. Maybe we should think about treating this as a medical issue. Maybe using controlled injection sites as a medical environment to encourage safe use and get people away from drugs might be better.

Does my colleague find it important to act on the opioid crisis or does he think the status quo works? It is really important. I would like to hear the member's support for real action going forward quickly.

On December 12, the member for Vancouver Kingsway asked for consent to have this legislation advance at all stages and I think that would be a good avenue for us to follow.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 4:45 p.m.
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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, treatment is the way to go. As I said, at the round table in Markham—Unionville, over 100 people came, and 95% said no to an injection site. If the member is asking to go to injection sites, I know that people would rather have treatment than injection sites to have illegal drugs injected. This is what the people said in Markham—Unionville. Injection sites are not the solution.

Treat them. Give them a chance to recover for long-term health results. Jail the drug traffickers who are making illegal money for the long term so that kids can live safely in their neighbourhoods. It would stop the drug flow from other nations.

Prescription opioids is a bigger issue. There are many who have died from them.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 4:45 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I want to start by acknowledging the work the hon. member has done with respect to this issue. He has held several round tables in his riding with the opposition critic for health.

One of the proposals in the bill, and the member spoke briefly on this issue, is a consultation period, with various communities, of up to 90 days, which effectively means that within one day, a decision can be made on whether a safe injection site comes to a community or not.

I wonder if the member could share with the House some of what he heard at some of those round tables and the concerns of his residents, which I expect would be concerns for a lot of residents across this country.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 4:50 p.m.
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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, the previous Conservative government brought in the Safe Streets and Communities Act. There are 26 restrictions. They are restricted to certain areas. They have to talk to the neighbourhoods and talk to the police. That is what people said to me at my round table discussions. They were extremely happy that this was put in by the Conservative government. However, in Bill C-37, that is all gone. As the member said, it can be done in five hours. Instead of 26 restrictions, there are only five restrictions left.

What I heard at my round tables was about the Liberals' hidden agenda on legalizing drugs. They are dangerous, deadly, addictive drugs. We know that street drugs tear families apart as well as users' own lives.

The Liberal member for Beaches—East York made the argument a couple of days ago that the criminal aspect of drug use stigmatizes users and makes them less likely to seek help. The problem is that there is no proper help to offer addicts seeking it across the country. We are hearing that when a drug addict finally decides to take the steps to seek treatment, there are no beds available for them.

In this opioid crisis, it is irresponsible for any member of Parliament to be advocating the legalization of all life-ruining drugs.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 4:50 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, this is a really important issue for me, because I represent a riding in Calgary. Calgary has been basically one of the epicentres of this particular crisis in Canada. While we are seeing the impact of this crisis to a large extent in British Columbia and Alberta, it is really important to note that this is a problem that is going to affect every area of Canada in a very short period of time.

I cannot express strongly enough how concerned I am. “Concerned” does not actually carry the weight I want it to carry. I will say how deathly afraid I am that if we do not act quickly and in a very non-partisan way to manage this particular crisis and some of the key factors that are enabling this to explode, we are going to have a much larger and deadlier crisis on our hands and a lot of parents with dead kids who we will have to explain our actions to.

I want to speak to the bill and its structure from a point of gravitas and ask my colleagues on the opposite side of the House to consider some portions of the bill in that spirit.

We are here today, first and foremost, to do what we can to stop the flow of this particular substance, fentanyl, into Canada and to ensure that adequate laws are in place to stem the tide as much as we can. That is first and foremost.

I know that there has been a lot of talk today about why certain measures in this bill are so important. I agree with certain components of it. The component that would allow the Canada Border Services Agency to open packages that are under 30 grams is absolutely critical, because we know that the substance is highly potent. It is coming in from Chinese factories, for lack of a better term, or manufacturers, and because it is so potent, these manufacturers overseas are able to say not to worry about it, because Canada Border Services cannot open these packages. It is coming in inside things like cellphone cases, urine strip bottles, tiny packages. Because it is so potent, it can then be cut or mixed in larger centres and distributed. It is very lucrative, very easy, and so deadly.

I cannot tell the House some of the stories I have heard in my constituency office. In six years, I have seen a lot with the Calgary Police Service. The city has gone through a lot, but this is something that has first responders very unsettled. First responders in my city who have to deal with these deaths are really shaken up by this and are screaming out to us, telling us that we have to change some of these things.

There are measures in this bill that I strongly support. We need to pass them in the House and in the other place as soon as possible and without delay. Those measures would be things like the power to open packages under 30 grams, the prohibition of unregistered pill presses, and the illegal importation of precursors to the substance.

There are a variety of other initiatives in the bill, which include authorizing a minister “to require a person who may conduct activities in relation to controlled substances, precursors or designated devices to provide the Minister with information or to take certain measures in respect of such activities”; adding an administrative monetary penalties scheme; streamlining “the disposition of seized, found or otherwise acquired controlled substances”; modernizing inspection powers; and expanding and amending certain regulation-making authorities, including in respect of the collection, use, and disclosure of information.

All of these things are going to send a very strong message to the people making this, and it is going to stop a lot of it from coming in. These measures are a first line of defence. There is a broader problem to deal with, but this is low-hanging fruit that I do not think anyone in this place is going to argue with.

On that note, I will quote one of my Liberal colleagues from Vancouver, the member for Vancouver Centre. She stated, “I feel it’s something we need to be doing something about faster than we are doing it”.

There are components in the bill that are strong, smart, and should be supported. However, there is another component in the bill that requires a lot more debate and that I do not think should be fast-tracked through the House.

My objection to the bill is its structure. There are elements that I think require unanimous consent. They just need to be passed through as quickly as possible. However, there are some components that require further debate and that many Canadians would be unhappy about should we just let them go through. They are, frankly, the consultation process and the requirement for review criteria for the opening of safe consumption sites.

I know that this is a very controversial debate. As to how long and under what circumstances a community should be consulted in terms of allowing a safe consumption site, we had a very rigorous debate about this in the last Parliament. It took a lot of time. We heard from a lot of witnesses at committee. That debate should happen again. However, I do not want to be sitting here looking at the mother of a dead kid saying that we are holding the bill up because we have a debate component here.

The government has made a mistake in pairing these two issues. I do not understand why they are put together in the same piece of legislation. I could speculate on motive, but I do not want to, because it does a disservice to the gravity of the situation or some of the other measures that just need to pass as quickly as possible.

This component needs more debate. I do not want to get into the form or substance or reason for that, because it could take hours, but the reality is that there are 25 different criteria currently for the consultation process, very specific criteria, for opening a safe consumption site. In this bill, they are reduced to five. These criteria are as follows:

a) the impact of the site on crime rates;

(b) the local conditions indicating a need for the site;

(c) the regulatory structure in place to support the site;

(d) the resources available to support the maintenance of the site; and

(e) expressions of community support or opposition.

Regardless of one's personal opinion on safe injection sites and whether or not they are beneficial, my issue is that the bill does not adequately define these characteristics or these criteria. They are very vague. In this debate, we need to have community buy-in and social licence. Reducing these criteria from something that is so specific to something that is so vague and not defined is worthy of a larger and longer debate, regardless of what our position is. We should be bringing in witnesses and taking the time at committee to define these things, but this is time we do not have, especially for the Border Services Agency having the power to open packages of less than 30 grams. Let us just get that done.

My objection to this is simply that I do not understand why these have been paired together. If we want to make the argument about safe consumption sites being part of the overall fentanyl crisis, fine, but those two things can be done in separate bills so that at least we can get a stopgap measure on some of these things. That is what really struck me first and foremost. That was my first concern when I looked through the bill.

To drive home the point about how critical it is for us to get some of these measures through the House as quickly as possible, I want to give members some statistics from Calgary. This happened on December 29, 2016. There was a bust in Calgary, and it was a record. There were 35,321 pills in a home in Calgary. That is a lot of deaths waiting to happen. When I read this, my first reaction was, “Oh my God, how is this possible? How can this happen? What can I do as a legislator to stop the production of this so that this is not happening?”

We should not be relying on our first responders to find this before it goes out into the marketplace. We should be doing everything possible to make it difficult for this stuff to be created in the first place.

When we think about the potency and potential street impact of that number of pills, it should actually humble and just shock every person in this place. What does this mean? What is the human component of that? It is 193 deaths in my province between January and September of last year.

I implore the government to look at the two components of this bill and structure it better so that we can stop kids from dying.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5 p.m.
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Liberal

Raj Grewal Liberal Brampton East, ON

Madam Speaker, I just have a question. Does the hon. member agree with the Supreme Court of Canada's 2011 ruling on Insite? In that ruling, the Supreme Court laid out five criteria for safe injection sites. I would like her comments on that, and specifically whether she agrees with the Supreme Court.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, in the last Parliament we had dozens of witnesses who came before committee who verified the need and the desire to have a more robust and clearly defined consultation process.

I reject the notion that the Supreme Court of Canada defines everything we do in this place. It is our responsibility as legislators to come up with the best possible legislation, and I still argue that the health minister has not defined these criteria in here. Just because the Supreme Court says something does not mean that we have to abdicate our responsibility to come up with legislation that makes sense and is clear.

Again, my colleague here is missing the point. He is missing the entire point of my debate. This is a debate that requires more time. The whole consultation process around safe injection sites, social licence, whether it is effective, and all of those types of questions is a matter for committee study and for extreme examination. There are other elements in this bill that just need to happen right now. I do not understand why the government has paired these two together.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5 p.m.
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NDP

Karine Trudel NDP Jonquière, QC

Madam Speaker, I thank my colleague for her speech and for helping us to get to know her riding, albeit as the result of unfortunate events, the loss of human lives.

I would also like to talk about my province, Quebec. I would specifically like to talk about the current situation in Montreal. On average, 70 people in that city die of drug overdoses every year. According to a report published in 2013 by the Institut national de santé publique du Québec, from 2005 to 2009, the number of fatal overdoses caused by medical opioids increased by 70% in the province.

I would like to know my colleague's opinion. Does she agree that Canada should revise its guidelines on prescribing and using opioids?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5:05 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Madam Speaker, I believe that there actually was a UN report that was published some time ago that shows that Canada is actually the highest user of opioids, be they prescription or street drugs, in the world. Certainly I agree, and I want to re-emphasize and not diminish the fact that this is probably one of the biggest crises facing Canada's health right now, and it is mushrooming.

We need to have a very comprehensive and robust debate about how we best address those issues: everything from some of the components in the bill here that talk about stopping the production and access to these drugs, to the best methodology for treatment, to the fact that treatment is not a one-size-fits-all issue. My colleague from South Surrey—White Rock made a very good case earlier today, talking about how we need to have treatment methods for people who are using it as part of an entrenched street issue, injecting it; for people who are using it recreationally and do not know what they are doing; and for people who are abusing prescriptions. If we talk to medical professionals, we will hear them say that different strategies are needed for different users. On top of all of that, we need to be talking about how we block access and prevent the production of these.

Certainly I would agree with my colleague, and there is more debate to be had. There is action that we need to take right now, for which our first responders and our law enforcement officials are crying out. What I do not want to see is those components being delayed because there are other components that require a more fulsome debate.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5:05 p.m.
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Liberal

John Oliver Liberal Oakville, ON

Madam Speaker, I will be sharing my time with the member for Brampton East.

The emergence of fentanyl and its analogues, an opioid at least 100 times more potent than morphine, has given rise to a public health crisis in Canada that requires urgent action.

Bill C-37 proposes to amend the Controlled Drugs and Substances Act in a number of ways to address this crisis. In terms of harm reduction, it proposes to simplify the process of applying both for a supervised consumption site and for the exemptions that would allow certain activities to take place at a supervised site. I am pleased to see an evidence-based health-centric focus on harm reduction return to our health policy and legislation.

With regard to law enforcement and border security, amongst many changes, it would prohibit the importation of designated devices, unless they are registered with the Minister of Health. This would specifically prohibit unregistered importation of pill presses and encapsulators. It would expand the offence of possession, production, sale, or importation of anything with the knowledge that it will be used to produce or traffic in methamphetamines.

The bill would authorize the minister to temporarily add to a schedule substances that the minister has reasonable grounds to believe pose a significant risk to public health and safety. It would modernize inspection powers allowing border officers to open mail weighing 30 grams or less in order to stop drugs like fentanyl from entering Canada illegally through the mail system.

I would like to add my support for this bill and the proposed amendments to the CDSA. I would frame my support with particular reference to the recommendations from the December 2016 report by the House of Commons Standing Committee on Health, entitled “Report and Recommendations on the Opioid Crisis in Canada”. I am pleased to be a member of the standing committee.

My following remarks draw heavily on this report and the excellent summation of the witnesses' testimony and the committee's deliberations, as provided by the committee's members and supporting staff. The members of the standing committee agreed to undertake an emergency study of the opioid crisis in Canada. During the course of its study, the committee held five meetings, where it heard from a range of stakeholders, including federal and provincial government representatives, health care professionals, addiction experts, emergency front-line responders, representatives of first nations communities, and individuals with lived experience in substance abuse and addiction.

These witnesses outlined specific ways to address the opioid crisis and implored the committee to make recommendations that would lead to concrete action. I cannot emphasize enough the powerful, emotional, and compelling testimony that we heard from all witnesses urging the government to take action on this crisis.

The committee heard from witnesses that this situation began reaching crisis proportions in July 2013, when fentanyl, a prescription opioid 100 times more potent than morphine, became increasingly available on the illicit drug market. The assistant commissioner for federal policing special services with the Royal Canadian Mounted Police advised the committee that, because of the high demand for this drug, organized crime groups began importing illegal fentanyl from China. These are then transformed into tablet forms in clandestine labs in Canada using pill presses and are disguised as legal prescriptions, such as OxyContin, or are used in powder form as cutting agents for other illicit drugs.

The unknown potency of illegal fentanyl and other synthetic opioids, coupled with the fact that users are often unaware that they are taking the drug, has resulted in a dramatic increase in drug deaths in Canada. British Columbia has become the epicentre of the crisis because of its maritime ports and relative proximity to China.

According to the chief coroner for British Columbia, the percentage of drug deaths involving fentanyl increased from 5% in 2012 to 60% in 2016, with the involvement of fentanyl doubling the rates of drug deaths in the province. According to the coroner, the province had experienced—and this at the date of the testimony—488 illicit drug deaths at the end of August 2016, or approximately 61 deaths a month.

In addition—and again, I am drawing from the text of the my committee's report—the committee heard that the RCMP is collaborating with law enforcement agencies in China to combat international drug trafficking networks, as well as to gain support for regulatory control of fentanyl analogues to prevent their distribution in Canada.

In terms of federal efforts at the border, the committee heard that Canada Border Services Agency is using innovative technologies and dogs to detect fentanyl at borders and maritime ports, resulting in more than 115 seizures since 2010.

However, the vice-president of the operations branch of the CBSA explained to the committee that the agency faces challenges detecting and intercepting fentanyl sent through the postal system. Fentanyl powder and equivalent substances are most often smuggled into Canada through the postal stream. Due to the increased volume of packages sent through postal and courier services, it can be a challenge for the CBSA to identify and intercept all shipments of concern. Postal and courier shipments are often accompanied by false declarations or are intentionally mislabelled. The RCMP further elaborated that these shipments are disguised or labelled in a variety of ways, such as printer ink, toys, and DVDs. To address this issue, Canada Border Services was reviewing the Customs Act to see if it could remove the restrictions on the agency's ability to open packages weighing less than 30 grams.

With respect to harm reduction strategies, the committee heard that supervised consumption sites are an evidence-based harm reduction measure. A number of witnesses expressed the opinion that changes to the CDSA, introduced in 2015, through Bill C-2, were a barrier to establishing new supervised consumption sites across the country and should be repealed or significantly amended.

After much deliberation, the committee made a number of recommendations.

Specific to harm reduction measures is recommendation number eight: “That the Government of Canada repeal or significantly amend the Controlled Drugs and Substances Act where it creates barriers to communities in establishing supervised consumption sites...”. Bill C-37 addresses this recommendation specifically.

Specific to law enforcement and border security, the committee made the following recommendations:

Recommendation 33 says:

That the Government of Canada take measures to grant authority and lawful privilege to Canada Border Services Agency officials to search and/or test suspect packages that weigh under 30 grams.

Recommendation 34 says:

That the Government of Canada develop a federal enforcement and interdiction strategy around the importation of illicit opioids.

Recommendation 35 says:

That the Government of Canada adopt measures to regulate commercial pill presses to limit their possession to pharmacists and others who hold an appropriate licence.

Recommendation 36 says:

That stronger criminal penalties for having a production machine be established.

Finally, recommendation 37 says:

That the Government of Canada provide more resources for drug testing packages and other shipments.

I am pleased to see that Bill C-37 addresses these recommendations and is consistent with the cited findings of the committee.

Looking beyond Bill C-37 and the amendments to the Controlled Drugs and Substances Act, the committee heard that this crisis should be considered a public health crisis, and the committee produced many other recommendations related to harm reduction, addictions prevention including prescribing practices and public education, addictions treatment, the need for mental health supports, and issues unique to first nations.

The Minister of Health has already responded to this crisis through a five-point action plan that includes better informing Canadians about the risks of opioids, supporting better prescribing practices, reducing easy access to unnecessary opioids, supporting better treatment options for patients, improving the evidence base and improving data collection, and also by making naloxone available as an emergency treatment.

Progressive action was also initiated by the minister through a pan-Canadian opioid summit held in November 2016.

Further, the minister has responded to every request that the provinces have raised with the government, and she continues to work with the provinces.

Finally, while this public health crisis must be addressed through the measures proposed in Bill C-37, and while as Canadians we battle the addictions brought on by opioid usage, it is important to remember that some Canadians, like Christina in my riding of Oakville, suffer from unrelenting and incurable pain. My thoughts are with her today. We must always ensure that their needs are addressed and that appropriate pharmaceutical care remains available to them.

I want the residents of my riding of Oakville to be protected from the opioid crisis and illicit fentanyl distribution. I will be supporting Bill C-37, and I encourage all members of the House to support this bill and to work to address this terrible public health crisis. Let us get this bill through the House and the other place as quickly as we can to help these Canadians.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5:15 p.m.
See context

Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, my colleague and I serve together on the health committee. I would like to thank him for a lot of the good work that has been done.

As my colleague from Calgary said, we are all in agreement with much of what Bill C-37 contains, but one of the things we are not in agreement with is the Liberals' idea of a consultation process. During the election campaign, they said they would consult with Canadians. We saw them do that with their policy on pipelines, but here, on something to do with public health, the bill basically guts the consultation process.

From the testimony we heard in committee, my colleague knows it is essential that there be community buy-in for these injection sites or consumption sites to be successful. Everybody wants anything to do with addicts to be successful in its implementation.

If an injection site goes into a community, it is going to be the local community that will have to pay for police enforcement. The province has to put out money for these things.

Ottawa, for example, has a Liberal mayor who is on the record as saying he is opposed to having an injection site in this community. The chief of police and the former chief of police have also stated that they are not in favour of this type of intervention in this community. Because the Liberals have cut the consultation process on this issue, does my colleague think that if the mayor, the chief of police, and stakeholders who are going to be responsible for enforcement and payment, are not onside with it, the minister should still put an injection site in Ottawa?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 5:15 p.m.
See context

Liberal

John Oliver Liberal Oakville, ON

Madam Speaker, it is a pleasure to serve with the member on the health committee. We have worked together to make some really good recommendations and directions in our report.

With respect to supervised consumption sites and harm reduction, we heard from many witnesses how important these sites are as part of early treatment and early intervention and better management for people who are consuming.

We also heard from witnesses that the previous government's Respect for Communities Act, Bill C-2, introduced such stringent rules and 26 application criteria that we have not been able to open a new safe consumption site across Canada since Bill C-2 was introduced. The Supreme Court has ruled on this and Bill C-37 would simply enshrine the court's ruling.

I would note that one of the five criteria is support and expressions of community support for the centre. I do believe there is appropriate response to community concerns and that part of the process of approval deals specifically with hearing from and looking for communities' expressions of support or their expressions of opposition.