Bill C-37 (Historical)

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

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.

Controlled Drugs and Substances Act

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, we were hoping a year ago that the federal government would step up and declare the opioid overdose crisis a national emergency. We had testimony at the health committee. Dr. Emberley from the Canadian Pharmacists Association said that it was definitely a national problem, that no community was unaffected and for that reason, he believed it had to be treated as a national crisis. As well, Dr. Blackmer from the Canadian Medical Association said that the chief public officer should be coordinating a national response to the opioid overdose crisis.

There is a lot the federal government can learn from what is being done at the provincial level. This is a national emergency. We wish the Liberals had stepped up earlier. We certainly thought they were going to based on their election rhetoric. People have died in the interim. We want them to accelerate their actions and support front-line workers, addicts and their families.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I would like to thank my colleague for her very heartfelt and well-founded speech on the bill. As she says, we need the federal government to respond to this national health emergency crisis. We also need, as a way to prevent this and as she mentioned, investments in affordable housing and harm reduction safe injection sites. That is what my mayor, Mayor Don Iveson, is calling for in the city. Right now, the cities have to pay for the protection measures that are in place to have police respond. Therefore, they are to be given naloxone kits but also the analysers which cost a lot of money.

What additional measures, in addition to passing the bill, could the federal government take to ensure people are no longer living at risk and people who are resorting to drugs feel there is some kind of mental health support available for them?

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, there is so much work the federal government can do if it truly wants to step up to the plate on this. I was elected to local government for 12 years before being elected to the House and we heard this again and again. If we had partnership with the federal government on a national strategy to abate poverty, we would lift so many people out of being in health crisis. If we better supported home care, then we would have seniors supported where they want to be, which is at home. We would not have people brought into the emergency department, clogging up acute care beds.

One after the next, if we take our federal leadership role to help people in the most desperate places, we save money ultimately for the government. We are easier on front-line workers and families, and we allow people to have the dignified life that every Canadian surely deserves.

[Peter Schiefke, Liberal, Parliamentary Secretary to the Prime Minister (Youth)]

Mr. Speaker, today I will be talking about Bill C-37.

I rise today in support of Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, which contains essential amendments to address the current opioid crisis as well as problematic substance use more generally.

Problematic substance use and addiction pose significant risks for individuals, families, and communities. Our government is committed to addressing this complex public health issue using an approach that protects public health and maintains public safety through drug policy that is comprehensive, collaborative, compassionate, and evidence-based.

A comprehensive public health approach to this crisis must include harm reduction alongside prevention, treatment, and enforcement. Harm reduction recognizes that not all individuals are ready, willing, or able to seek treatment for drug addiction. Those who for whatever reason are outside the treatment system deserve to be treated with dignity and respect. Just like every other Canadian, their lives are valuable and they are worth saving.

Supervised consumption sites and other evidence-based harm reduction measures provide services to active drug users to help improve their health and prevent harms, including death. I know some members in the House talk about supervised consumption sites as controversial and say that they have well-grounded concerns about this portion of Bill C-37. Today, I want to address these concerns by discussing the evidence on supervised consumption sites. This evidence is available in peer-reviewed journals, including some of the most esteemed medical journals around the world. We are living in a time when opinions can somehow become facts simply by stating them in a public forum. This concerns me and it should concern everyone in the House.

As Canadians, we are lucky to have the most well-researched supervised consumption site in our own backyard, Insite. While supervised consumption sites have existed in Europe since the 1980s, the studies done on Insite produced specific, measurable evidence of the impact of this supervised consumption site on drug users and on the surrounding community. Insite began as a pilot project and was the focus of a significant scientific evaluation. Over 30 peer-reviewed journal articles came out of this evaluation, all of which demonstrated that Insite was achieving its objectives without having a negative impact on the surrounding community. I will not stand here and list off each of these studies, but I will mention a few.

For example, a 2004 study published in the Canadian Medical Association Journal found that in the 12 weeks after Insite opened, the number of drug users injecting in public and the number of publicly discarded syringes and injection-related litter were reduced as a direct result of Insite being there.

Further, a 2006 study published in The New England Journal of Medicine found that at least weekly use of Insite and any contact with the facility's addictions counsellors were both independently associated with people entering a detoxification program more quickly.

Finally, given the opioid crisis that we are currently facing, I want to highlight a 2011 study published in The Lancet. It found that fatal overdose rates in the area around Insite decreased by 35% after the opening of the site. This is compared to a decrease of only 9.3% in the rest of the city during the same time period.

Furthermore, the European Monitoring Centre for Drugs and Drug Addiction indicates that the common concerns regarding supervised consumption sites, such as increases in crime and drug use, are simply not grounded in evidence.

It is clear from the research that supervised consumption sites can play an important role in a community's response to problematic drug use. However, this does not mean that supervised consumption sites should be opened without taking into account the needs of a community and public health and safety considerations through a thorough review of an application. Rather, it means that the application process should start from a place that acknowledges the evidence. Sites need to be properly established, considering the need for a site, community concerns, and local conditions that may influence the effectiveness of the site. They must be properly maintained to ensure clients continue to receive proper care and communities continue to have confidence in the service that is being provided.

It is understandable that Canadians may have questions and concerns regarding the establishment of such a site in their community. These sites are still relatively novel in North America. That is why consultation with communities plays an integral role in the success of a site.

The Supreme Court clearly recognized the importance of consulting with community members when establishing such facilities and included community support or opposition as one of the five key factors the Minister of Health must consider when assessing any application.

I do want to make one thing clear. Consultations are just one part of the application process. The government is committed to evidence-based decision-making. That means casting aside current ideological debate during discussions about drug use, taking all of the relevant information into account, and making informed, evidence-based decisions.

That is why Bill C-37 would replace the 26 criteria currently in the legislation with five factors described by the Supreme Court of Canada in Attorney General of Canada, et al. v. PHS Community Services Society, et al. in 2011.

Reducing the number of criteria applicants would have to address would relieve the administrative burden on communities seeking to establish a supervised consumption site, but it would also do so without compromising the health and safety of those operating the site, its clients, or the surrounding community. Removing the application criteria from legislation allows the government to maintain a thorough evidence-based application process that can be adapted and updated over time to reflect emerging science. At the same time, it would keep communities at the heart of applications and allow applicants to respond more quickly to emerging health issues.

For example, there would no longer be a requirement for applicants to submit evidence that supervised consumption sites are effective and have public health benefits. As I noted earlier, the evidence in this regard is clear. Instead, applicants would need to demonstrate the need for the site and the public health benefits of the proposed site for the local community. This change would help ensure that applicants considered their local context, including the needs of their community, when designing their proposed site.

This government is committed to making objective, transparent, and evidence-based decisions. With respect to supervised consumption sites, the evidence is clear: properly established and maintained sites can save lives without having a negative impact on the surrounding community.

I urge all members to support Bill C-37 so that we can move forward on addressing the opioid crisis through a comprehensive response that includes evidence-based harm reduction measures that help save lives.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, I was delighted to hear that the consultation was an integral part of the strategy and that the community was at the heart. However, all of the language around community consultation was removed from the bill.

Several amendments were also voted down. I will touch on some of them. One was regarding obtaining letters of support or opposition within a two-kilometre radius of a site. That was voted down. One was regarding identifying schools and day cares within a two-kilometre radius. That was voted down. One was regarding obtaining a letter of support or opposition from the mayor and council, or the police chief. That was voted against.

There is no criteria laid out within the bill, and I wonder where the integral part of community consultation within Bill C-37 is as it relates to the comments that my colleague has just made.

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Mr. Speaker, it is actually outlined quite clearly under the heading “Application”, proposed paragraph 56.1(2)(e), “expressions of community support or opposition.” The reason it is included in there is it is one of the five key criteria that was outlined by the Supreme Court in its decision. It is a key component of what we are proposing here. We are very proud that we are including it, because we understand the importance of ensuring that communities provide their support and have a chance to voice their opposition or support of any one of these sites.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, I want to thank my hon. colleague first for really understanding and highlighting the importance of Insite and the role it has played in saving lives and protecting people who are struggling through addiction.

The health committee heard about the chronic underfunding of community-based detox and addictions treatment. Under the Conservative government, we saw addiction treatment get cut by 15%. I would ask the member if he also agrees that there is a lack of investment in treatment facilities for people with addictions.

I know the Liberals said that they do not support calling this a national emergency, and do not believe that would give the public health officer any new tools. I am wondering what new tools the government can offer in immediate resources in the upcoming budget, because this is a crisis. Will the member agree with me that this is a national emergency?

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Mr. Speaker, one thing I can say is that this government takes this crisis very seriously. There are many aspects of Bill C-37 that are going to do some good across the country. We are ensuring that we are doing all that we can as a government to respond to this crisis.

There are two key components. One is to ensure that we provide the CBSA with the tools necessary to allow it to look at packages that are less than 30 grams that are coming in from the United States and elsewhere. This would make sure that the primary source of this product coming into our country is being addressed by the CBSA. The other component is to ensure that we register the pill pressers and other devices that are required to make some of these opioids.

We are taking a comprehensive approach, a wide-eyed view. I am very proud of the different initiatives that are included in Bill C-37. I will add that we are always looking at different ways that we can ensure we are doing right by Canadians, particularly youth who are affected by the opioid crisis. We are going to continue to look at different ways that we can help them.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, one thing that is of particular concern to me is we have known that fentanyl and carfentanil have been coming in from China for probably close to a year now. I would like to ask the hon. member why it has taken so long to get this particular piece of legislation to the table. The Liberals talk about this meaning lives. It has taken a year to deal with something as simple as giving border security agents the tools they need to stop some of the fentanyl and carfentanil from coming into this country.

[Peter Schiefke, Liberal, Vaudreuil—Soulanges, QC]

Mr. Speaker, as I said, this is something we have been working on for quite some time, ensuring that we are consulting with stakeholders all across the country, giving the justice committee and different committees the time necessary to look at this, and making sure the recommendations we are putting in place will actually have an impact on solving this crisis.

One of the things I will state again is we are very proud of the fact that this bill would empower the CBSA to look at the different packages that are coming in. Is would allow CBSA to do something that it has not been able to do before, which is to look at packages that are less than 30 grams to see whether they contain fentanyl, so we can put a stop to the direct source of this problem, which is this product making its way into our country to begin with. As I said, we are always going to look at different ways of doing it. We are going to ensure that we take the time to do it right by consulting the different stakeholders.

[Len Webber, Conservative, Calgary Confederation, AB]

Mr. Speaker, it is my pleasure to rise today to speak to Bill C-37. The bill would amend the minister's powers and discretion when it comes to approving drug injection sites in communities across Canada. It would remove community safeguards and put these important decisions entirely in the hands of a single minister and not in the hands of the local community.

In an ideal world, we would not have to deal with the issue of drug addicts and where they choose to consume their deadly drugs, but we do. In an ideal world, drug abuse and the crime it causes in our communities would not be something we would have to face, but it is. In an ideal world, every addict would be on the road to recovery and the success rate would be 100%. That is just not the case. In reality, drug abuse has been around as long as anyone can remember, and it is getting worse. Literally, people are dying every day from their addiction and drug abuse.

Many years ago, before I entered politics, I served on the Alberta Alcohol and Drug Abuse Commission, or AADAC. I served on it for a number of years. I learned a lot about drug addiction and the incredible pain that it causes. The experience there affirmed to me why we should never deal with drugs in a cavalier manner.

Canada already has good legislation in place to permit drug consumption sites or safe injection sites, whatever we want to call it, but let me stress before I continue that there is no such thing as a safe injection site as there is nothing safe about drug injection and the abuse of drugs.

The Liberals and the NDP claim that this current legislation is so onerous that no organization can succeed in getting the drug consumption site approved, yet we see that the government approved three of them in Montreal earlier this month. This proves the current legislation does strike a good balance.

Referring to the current legislation and its purpose, the Supreme Court of Canada has set out clear criteria that must be met before a drug consumption site can be approved. One pillar of the current Conservative legislation was strong community consultation, which the Supreme Court agreed was essential. These consultations were not meant as a way to prevent sites from opening, but rather to adhere to the advice of experts in the field and to respect the community that would eventually have to support such a facility.

Experts in drug addiction have testified before Parliament that for a drug consumption site to be effective and have any benefit, there must be a buy-in from the local community, a buy-in from the local law enforcement, and a buy-in from the local health officials.

Let us stop for a moment and explain what these sites are. These sites are a designated place where we allow people to cause harm to themselves while immune from the law of the land. They can shoot up with a deadly illegal drug as long as they do it at one of these sites. If they do the same thing a block away, they are breaking the law. We must ask ourselves, how do we allow certain people to break the law multiple times a day, and how do we square that with society's expectations as laid out in our criminal laws? How do we condone the use of illegal drugs as a society and then tell our kids that they are not good for them?

Very few people who are offered help at these injection sites ever accept an offer for treatment. They do not want to give up their highs and face the reality that awaits them. Of those who do enter treatment, even fewer see the program through. Of those who see the program through, even fewer actually stay clean.

I have had numerous conversations with addictions counsellors in the past, and many have told me that the reality is, finding someone they can take from a drug abuser status to a somebody clean status is like finding a needle in a haystack. They say that in reality, most of these people currently addicted to drugs will die from their addiction. They may die earlier in life. They may develop health-related issues. They may die while engaged in crime to feed their addiction or they may simply overdose.

These addiction counsellors say that these sites do save lives but then they question if they really do. If an addict's life is saved today or tomorrow or next week, but that individual dies the week after from an overdose, was that life really saved? The counsellors suggested that these consumption sites are therefore not really a conduit to treatment but rather facilities for self-destruction and abuse until the addiction wins the war on its victims. That is a sobering assessment of what we face.

Therefore, we really need to target the source of this problem as it appears rarely fixable after the fact. We need to prevent access to addictive substances before an addict develops. We need to stop the Liberal and NDP attitude of acceptance when it comes to drugs. Instead of campaigning to make drugs legal, those members should be campaigning to make it harder for folks to get introduced to the world of drugs. I along with my Conservative colleagues have been pushing for the Liberal government to tackle the root cause and that is the continuous flow of illegal drugs into our country and onto our streets.

I was appalled when all Liberal members voted down a motion I introduced a few months back in health committee to get the Chinese ambassador to come and tell us what his government is doing to prevent deadly drugs from being shipped into Canada, because 98% of illicit drugs come from China. Voting down that motion was disheartening and disgraceful. The Liberal government is more concerned about being friends with the Chinese government than it is with stopping the flow of deadly drugs on Canadian streets.

The Liberals and the NDP want to make it really easy to open up a drug consumption site by removing the safeguards, removing community consultations, and turning a blind eye to the effect it will have on the community. The NDP wants to remove all of the burden of proof from the applicants when it comes to opening up drug injection sites. It is funny. Those members want a less onerous application process for safe injection sites, yet they want to increase the burden on job-creating applicants when it comes to building pipelines. They argue that safe injection sites will save lives. I say that getting pipelines built will save lives as building them would reduce our escalating suicide rate in Alberta. High unemployment and the despair in our oil patch is also costing lives.

As I stated before, the experts are telling us that we need community buy-in for these facilities to be successful. Why do the Liberals and the NDP want to sneak these facilities into our communities without proper consultation?

Drug consumption sites do have some benefits. They allow us to hide our problems away from the streets and they do save addicts so that they can fuel their addiction for another day. In very few cases they also facilitate a path for recovery. Let us not kid ourselves and believe that there is a lot of light at the end of this tunnel. These sites do help keep things like dirty needles out of our parks. They do make it cheaper for the health care system to monitor and save some addicts. They do not reduce the drug problem in Canada. They do not stop people from becoming addicts. They very seldom get addicts off drugs. These sites do not curtail the profits for organized crime. They are not a silver bullet. They are one very weak tool in our fight against addiction and its deadly toll.

If we want these sites to have some positive benefit and improve outcomes then we need community buy-in and this is done through open, transparent, and exclusive consultations. Sadly, this is not what this bill would do. It would weaken the existing legislation. Therefore I must vote against it.

[Joël Lightbound, Liberal, Parliamentary Secretary to the Minister of Health]

Mr. Speaker, the member mentioned that community support as stated by the Supreme Court was not meant as a way to prevent safe consumption sites from opening. It was not meant to prevent the opening of safe consumption sites. We have taken the exact language that is in the Supreme Court judgment, which states that one of the factors to be taken into account is the expression of community support or opposition.

What was meant to prevent these sites from opening were the 26 criteria in Bill C-2 that the previous government put forward.

The member mentioned that three sites have opened in Montreal. Does he know how long it took for those sites to open even though we are facing a health crisis in Canada when it comes to opioids? I will answer my own question. It took nearly two years for those sites to open even though the community, the mayor, the provincial actors, as well as health professionals in Montreal wanted them. Is the member at least aware of the time it took for these sites to be approved under the previous legislation?

While I have the floor, I must say that I am a bit challenged by the comparison that the member made between pipelines and these safe consumption sites. Addicts are people. The government has a responsibility to protect people sometimes from themselves and that is what these safe consumption sites are all about.

[Len Webber, Conservative, Calgary Confederation, AB]

Mr. Speaker, I will address the member's second point first with regard to the comparison of pipelines with safe injection sites.

The point that I was trying to make in committee was simple, although maybe difficult to express. I firmly believe that when applying for a pipeline or a drug injection site, the burden of proof should rest with the applicant and not the taxpayer. I know that New Democrats believe that those applying for a pipeline must prove that it is in the public interest, that it is safe, and that strict operating conditions would be applied. I expect the same of those who want to open drug injection sites in communities. That was my point with regard to pipelines.

With regard to community consultation and how long it took to get these facilities in Montreal, it may take time, but we also know that there is a lot of Nimbyism in our communities, and I do not blame them. These facilities are magnets for the types of people and activities that we work hard to shield our children from. That said, these facilities will have to go somewhere else, on somebody else's street.

The key thing, hon. member, is that communities be properly consulted and this legislation would not allow that. This is what the experts are telling us, hon. member, and why the Liberal government is so determined to move ahead without hearing from key stakeholders.

[The Assistant Deputy Speaker, Anthony Rota]

I want to remind hon. members to speak through the Speaker and not directly to members across the aisle, even if it is very politely, as was done.

The hon. member for Courtenay—Alberni.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, I first want to thank my hon. colleague for raising his concern about drugs in our communities. I wish we did not have drugs in our communities. I share his concern.

The war on drugs has not worked. That approach has not worked. People are using hard drugs in our communities, people we know. I saw a man in downtown Vancouver, who came from a good family, who is struggling with addiction. He went to Insite, a safe place to do drugs. He ended up getting treatment and went home. It is really important to know that we can save lives.

I hope it is not the Conservative position that those who are not ready or able to seek treatment today are not worth saving. The Conservative government cut addiction facilities by 15%. Maybe the member can explain this to the House, We know that we have to take a multi-faceted approach. We have to do what we can to stop drugs coming into our communities, to provide safe places for people to do drugs, and for people to get the therapy and addiction services they need. Does the member agree with me that we need to take a multi-faceted approach?

No one has died at Insite. It is important that we take a holistic approach to tackling this problem. We have tried with education. Children are now doing drugs in Vancouver. I hope the member will come to the Downtown Eastside. He will meet people from my rural community who have ended up there and see the benefits of this facility.