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

This bill is from 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 has also written a full legislative summary of the bill.

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 Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-37s:

C-37 (2022) An Act to amend the Department of Employment and Social Development Act and to make consequential amendments to other Acts (Employment Insurance Board of Appeal)
C-37 (2014) Law Riding Name Change Act, 2014
C-37 (2012) Law Increasing Offenders' Accountability for Victims Act
C-37 (2010) Strengthening the Value of Canadian Citizenship Act

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.

Opioid Crisis in CanadaGovernment Orders

February 8th, 2022 / 9:30 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of International Trade

Madam Chair, it is a pleasure to join this evening's debate. I want to thank the member for Yukon for initiating the very important subject matter we are discussing today in the chamber.

Something my constituents in Parkdale—High Park speak to me about regularly is the issue of opioids, opioid use and the opioid crisis that is claiming lives in Parkdale—High Park, in Toronto, in Ontario and right around the country. The deaths were occurring prior to any of us ever hearing about COVID-19, and they have continued throughout the pandemic, in some months exceeding COVID death rates. Unfortunately, these deaths will likely continue once we have finished with the pandemic. This underscores the urgency of taking action on this pressing issue.

The history of what we have done as a party was underscored very recently in this debate: treating the issue of opioid use, and drug use generally, as a health issue, not a criminal issue. I therefore want to turn back the clock a bit and remind Canadians about where we were prior to the election in the fall of 2015.

At that time, we had a government led by Stephen Harper that was basically denying this health nexus. That government was denying supervised consumption sites, or supervised injection sites as they were then referred to, from proceeding. With the inability of the previous government to grant exemptions under the relevant federal legislation to allow supervised injection sites to occur, this ended up at the Supreme Court of Canada in a case called Canada v. PHS Community Services Society. In a unanimous 9-0 decision, which is somewhat rare for the Supreme Court of Canada, written by the chief justice, the court affirmed the constitutional rights that were at issue and sided soundly with the applicants in the case, going against the Harper government.

I am going to read into the record part of what was said. In paragraph 136 of that decision, the court said, “The Minister made a decision not to extend the exemption from the application of the federal drug laws to Insite.” Insite was the applicant seeking to run the supervised injection site. “The effect of that decision,” the court wrote, “would have been to prevent injection drug users from accessing the health services offered by Insite, threatening the health and indeed the lives of the potential clients.” There is the nexus. By denying that ministerial exemption, drug users' lives were threatened.

The court continued: “The Minister’s decision thus...constitutes a limit on their s. 7 rights,” which would be the rights to life, liberty and security of the person. The court went on to say, “this limit is not in accordance with...fundamental justice. It is arbitrary...[and] grossly disproportionate”. It said, “the potential denial of health services and the correlative increase in the risk of death and disease to injection drug users outweigh any benefit that might be derived from maintaining an absolute prohibition”.

There the court said in a unanimous decision that what we are doing by denying the ability to run a supervised injection site is threatening the lives of Canadians. That is what was so heinous about the approach of the previous government. In October 2015, an election occurred, and we have had a different orientation on this side of the House since we have taken power.

What have we done since then? We got to work and approached this as a health care issue and an addiction issue, as opposed to a criminal matter. We passed legislation in the 42nd Parliament on it, Bill C-37. Rather than withholding discretion, we started to provide discretion, subject to the parameters that were outlined by the court in its jurisprudence. Supervised consumption sites then blossomed.

Since 2016, the record of this government has been to provide 38 different supervised consumption sites, which are operating, and grant the exemptions that have been required. We are trying to empower supervised consumption sites. We are also taking a fundamentally different approach toward diversion and toward treating drug use differently.

As to what that comports with, I can talk about Bill C-5, which has been tabled in this House. I had the honour to speak to it in December. We are taking an approach that is endorsed by the director of public prosecutions, who is at the federal level in the prosecution service, and the Canadian Association of Chiefs of Police. They have said that rather than using police resources to criminalize people who are using drugs, we should be approaching this from a different perspective by offering them treatments and getting them out of the revolving door of the criminal justice system.

That is the approach we have taken, but much more needs to be done. It is why participating in this debate is so critical this evening. I am looking forward to advocating on behalf of my constituents, who want to see the needs of drug users attended to so we can avert the concerns we are facing now with the opioid crisis.

HealthAdjournment Proceedings

February 19th, 2020 / 6:15 p.m.


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Dartmouth—Cole Harbour Nova Scotia

Liberal

Darren Fisher LiberalParliamentary Secretary to the Minister of Health

Madam Speaker, on a personal note, I want to thank the member for Cowichan—Malahat—Langford. He gets this. He truly cares, and I want to thank him, not only for that passion and compassion, but also for the fact that he truly cares.

We are deeply concerned about Canada's opioid overdose crisis. New data released in December show that from January 2016 to June 2019, 13,913 people across this country have died as the result of opioid overdoses. While this number is staggering, we must not lose sight of the fact that this crisis impacts many more people than are reflected in the statistics. Each death affects families, friends, communities and loved ones, creating a loss felt by tens of thousands of people. This crisis is impacting all Canadians and is a national public health crisis of the highest priority.

This tragedy involves many factors; however, we know that the vast majority of overdose deaths are caused by illegally produced, highly toxic synthetic opioids like fentanyl and carfentanil. The introduction of these substances into Canada's illegal drug market corresponds with the steep rise in overdose deaths. Therefore, an important element in our response to the crisis must be to address the smuggling of these toxic opioids into Canada.

We have responded by enacting new legislation, fast-tracking regulatory action, making investments and working collaboratively with other countries to prevent the smuggling of illicit drugs from countries like China. Prior to amendments to the Customs Act under Bill C-37, CBSA officers did not have the authority to inspect international packages weighing 30 grams or less without consent from the sender or addressee. For context, one 30-gram package can contain enough fentanyl to kill 15,000 people. Today, officers now have the authority to open any incoming package when they have reasonable grounds. We have also put in place scheduling amendments to restrict importation of chemicals used to produce fentanyl and fentanyl-related substances illegally. Additionally, our government has provided up to an additional $76.2 million to address the opioid crisis and problematic substance use, bringing the total recent investment to more than $100 million, including $30.5 million from budget 2019.

Because illegal drug trafficking knows no borders, international co-operation is also essential. Canada is working closely with international partners to prevent fentanyl and carfentanil from entering our country. Nowhere is our partnership stronger than with the United States. In fact, last June, the Prime Minister and President Trump reconfirmed our shared desire to address the overdose crisis ravaging Canada and the United States by committing to a joint action plan. Both countries are also working with the Chinese government to address the issue of illicitly produced fentanyl. The Government of Canada welcomed China's recent efforts to disrupt the illegal trafficking of fentanyl, as well as its addition of fentanyl-related substances to its supplementary list of controlled narcotics.

Enforcement to reduce the illegal drug supply is, however, just one component of our government's approach. If we are to turn the tide on this tragedy, we must commit to saving lives and supporting people who use drugs, and to improving their health and well-being. That is why our government restored harm reduction as a pillar of the Canadian drugs and substances strategy, approved more than 40 supervised consumption sites across the country, made naloxone available without a prescription and provided $150 million through the emergency treatment fund to provinces and territories to improve access to evidence-based substances and treatment services. A further $106.7 million was provided in budget 2019, which includes funding for pilot projects focused on pharmaceutical alternatives to the illegal drug market.

Our government recognizes—

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 3:40 p.m.


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Louis-Hébert Québec

Liberal

Joël Lightbound LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I thank my colleague, the member for Charlesbourg—Haute-Saint-Charles, for his speech.

I would like to correct one of his figures, since we agree on the facts themselves. Yes, the previous Conservative government cut the Canada Border Services Agency's budget. However, it was not cut by $300 million, but rather $390 million. The Conservatives eliminated more than 1,000 CBSA jobs, and we all know how that turned out.

I do not agree with his reading of the facts. A number of analysts do not agree with the version put forward by the member for Charlesbourg—Haute-Saint-Charles regarding the consequences those cuts had on the CBSA. In his speech, he talked about the importance of increasing CBSA's human and financial resources. Indeed the border is difficult to protect. It is important to properly equip the men and women who defend and monitor it.

In that regard, I find it hard to understand why the member's party voted against the 2019 budget, which increased the CBSA budget by $382 million, resulting in the hiring of 560 full-time employees, including 350 border security officers next year. That is significant.

The Conservatives also voted against Bill C-37, which allowed border services officers to search for 30-gram packages of fentanyl. We know that this can cause up to 15,000 deaths. We invested $33 million in the Canada Border Services Agency specifically for this initiative, which prevents drugs such as fentanyl to reach the Canadian market. We know the consequences this can have.

Now for my question for my hon. colleague. Does he agree with our government's reinvestments following the budget cuts made by the previous Conservative government?

I appreciate that he will support Bill C-3, which has not changed in recent months from when it was originally introduced in the House.

Resuming debateExtension of Sitting HoursGovernment Orders

May 28th, 2019 / 5 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we had a very good example this morning with the member across the way.

Contrast that to another example where we had legislation which members of the New Democratic Party recognized that they actually liked. I think it was Bill C-37. I could be wrong on that but if members did a quick check of Hansard, they would be able to find out when members of the NDP supported time allocation. They wanted us to pass that legislation. They recognized the value and importance of that legislation. That is not the only time they did that. The NDP members on a couple of occasions have recognized that they like the legislation and want it to pass and have therefore supported our bringing in time allocation.

What we know is that all parties in this House actually support the concept of time allocation, if it is deemed necessary. Even when I sat in opposition, Peter Van Loan would bring in time allocation, and I remember standing in my place and supporting it, because if one is not getting the support and co-operation from opposition parties in particular and from the government at times, one may need to use time allocation. A lot depends on what is happening in the opposition benches.

I know the government House leader continues to want to work with opposition members. If the government House leader asks how many speakers a party would like to put forward on something or how quickly might we be able to get a piece of legislation through, it is not some sort of trap for the opposition parties. It is to allow for more debate on issues which the opposition members would like to have more debate on.

There are bills that are relatively non-controversial, like Bill C-81, which is historical legislation. I am not going to say that members should not be debating the bill, but based on my 30 years of parliamentary experience, when the will is there to see a bill pass, it passes really quickly as opposed to there being a filibuster. Maybe it would have been better to allow Bill C-81 to actually pass today. I would argue that would have been the right thing to do.

I listened very closely to the member for Sherwood Park—Fort Saskatchewan across the way. All he would say is that it will pass in due time and before the next election it will be passed. He indicated his support for it on behalf of the Conservative Party. The member is playing a game and he knows it. If the Conservative Party really wanted to, that bill could have passed and we could have been debating something else right now. We needed to get an indication to help facilitate debate inside the House.

There are many issues that I would like to debate and, in good part, I have been fortunate to have been afforded the opportunity to do that. The NDP House leader talked about an issue which I am very passionate about: pharmacare. That is not an NDP issue, although the NDP tries to claim it as one. Nothing could be further from the truth. It is an issue today because we have a Prime Minister who is committed to ensuring that we expand our health care system. That is the reason the NDP is talking about it today. It was years ago, when we first came in as government, through a standing committee that the idea started to really flourish.

I participate in a caucus and I have many discussions with my colleagues. We understand the value of it. We understand that we have to work with many different stakeholders. Then the NDP members catch wind of it and all of a sudden they say that they to get out in front of the Liberals on it. That is balderdash.

The NDP does not get credit for something of this nature. If anyone should get the credit, it is Canadians. It is Canadians who have been communicating, whether through the Prime Minister or through members of our caucus, about the importance of pharmacare. That is the reason we have prioritized it. We are looking forward to the report we will be getting toward the end of June.

NDP members talk about housing as if they are leading the file. Who are they kidding? I enjoy listening to the Parliamentary Secretary to the Minister of Families, Children and Social Development. He is one of the most able-minded individuals I know, and he understands the issues of housing in Canada.

In the last federal election, the commitment the NDP made with regard to housing pales in comparison to what this government has put into place. I find it somewhat humorous that the NDP has attempted to stake claim to an area in which this government has moved forward.

From day one, whether in regard to budgetary measures or legislative measures, this government and the Prime Minister have been focused on Canada's middle class. Let us talk about our first piece of legislation. Bill C-2 provided a tax cut to Canada's middle class. Hundreds of millions of dollars are going into the pockets of Canadians. At the same time, the legislation allowed for a special increase in tax for Canada's wealthiest 1%. By the way, the Conservatives and the NDP voted against that.

That was a legislative measure. In our very first budget, we committed to a tax-free Canada child benefit program. Again, this is putting hundreds of millions of dollars into the pockets of almost nine out of 10 families, although I could not tell members the actual percentage. That initiative literally lifted hundreds of thousands of children out of poverty, and the Conservatives and NDP voted against it.

That is why I say that from day one, this government, whether through budgetary measures or legislative measures, has been very active at ensuring we continue to move forward. However, in virtually every initiative we have undertaken, and Bill C-81 is more of an exception, opposition parties have fought us.

Let us recall the last federal budget. Before I comment on some of the content of it, do members remember the day of the federal budget? It was not a good day for parliamentarians. The Minister of Finance wanted to address the House and Canada. All sorts of stakeholders were waiting to hear about the budget. Do members remember the behaviour of members of the official opposition? They were yelling and slamming their desks. They did not want the Minister of Finance to be heard. In my 30 years of parliamentary experience, I had never witnessed that sort of inappropriate behaviour coming from the official opposition. It was embarrassing.

The Conservatives are very focused on trying to discredit the person of the Prime Minister. We can hear it in their speeches. It is the personal attacks, whether directed at the Prime Minister or the Minister of Finance. That is fine. It is the Stephen Harper type of politics, with more and more of Doug Ford's style getting into their caucus and in their policies. It is scary stuff.

One member opposite said that he is going to join our caucus. I believe that could happen sometime soon. If I were to speculate on the Conservative leadership at the end of the year or in 2020, I am thinking it could be Doug Ford, Jason Kenney, maybe the opposition House leader, and I do not know who else.

The bottom line is the Conservatives are so focused on character assassination instead of being a constructive opposition party. That is okay, because as they focus on that negativity, we will continue to focus on Canadians. The results are really showing in a tangible way.

I made reference to the hundreds of thousands of children, and there are also hundreds of thousands of seniors who have been lifted out of poverty as a direct result of this government's actions. In the last three and a half years, we have seen one million new jobs created by working with Canadians. We have seen incredible investments in infrastructure. In the last budget alone, there is a commitment to municipalities. In Winnipeg, I believe it is about 35 million additional dollars. If members were to drive around some of our streets, they would get a better appreciation of why that is such an important investment.

I started off talking about the historical legislation of Bill C-81. We have indigenous legislation that is before the House on language and foster care. These are critically important issues. It is historic legislation. These are two pieces of legislation that we still need to pass. That is why I am here standing in my place saying that we still have 19 days to go. Unlike the Conservatives and the New Democrats, we are prepared to work until the very last day. We are prepared to work late. We have a legislative agenda and we are committed to passing that legislation. We know that this government works for Canadians in every region of our country every day.

Opioid Crisis in CanadaGovernment Orders

December 10th, 2018 / 10:25 p.m.


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Liberal

Bardish Chagger Liberal Waterloo, ON

Mr. Chair, that member, having served in a provincial parliament, should very well know that when it comes to the administration of health care services, they are within provincial jurisdiction.

I can tell her that the federal government is here to provide billions of dollars in transfers, and we will always be a partner in that. I can tell her also that this House was able to quickly advance Bill C-37, which not only passed in the House of Commons but in the Senate, because we recognize that this is a crisis.

The member may choose to get into semantics. The member might want to have this determined a health emergency. What this government and I are about is lives. I personally have an individual who is impacted in my life. This issue is in my backyard. This issue is not only in my backyard, it is in every person's backyard. For me, it is not about semantics. It is about results. The government is advancing dollars. It is willing to work with provincial governments. That is what it will take. We are also working with municipalities.

All levels of government need to take this issue seriously. I can tell members that there is a federal partner that is more than willing to do so. We need to ensure that not only do these lives matter but that we provide the resources for them. This government is willing to do so.

HealthOral Questions

November 2nd, 2017 / 2:45 p.m.


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Moncton—Riverview—Dieppe New Brunswick

Liberal

Ginette Petitpas Taylor LiberalMinister of Health

Mr. Speaker, I would like to thank my hon. colleague for his work and his tireless efforts in this matter. Like him, I was extremely disappointed yesterday when I heard the opposition leader's outdated belief. Unlike the Conservatives, our government is actually supporting law enforcement where it matters. Rather than prosecuting those with mental health and addiction issues, we are disrupting illegal drugs at the border and diverting people out of the criminal justice system.

With Bill C-37 and C-224, our government is taking a compassionate, evidence-based approach to reduce barriers to treatment and encourage innovative measures to prevent overdoses and save lives.

HealthOral Questions

October 16th, 2017 / 2:55 p.m.


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Moncton—Riverview—Dieppe New Brunswick

Liberal

Ginette Petitpas Taylor LiberalMinister of Health

Mr. Speaker, I would like to thank my hon. colleague for his advocacy on this issue. Our government has been very clear that this is a national public health crisis in Canada, and we are responding in a way that is collaborative, compassionate, and comprehensive.

In addition to passing Bill C-37, which streamlines the application process for supervised consumption sites, we are also providing over $10 million in urgent support to British Columbia to assist with its response to the opioid crisis.

Our government will continue to bring forward evidence-based solutions to help save lives in Canada.

Controlled Drugs and Substances ActPrivate Members' Business

September 21st, 2017 / 6 p.m.


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Conservative

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.

Controlled Drugs and Substances ActPrivate Members' Business

September 21st, 2017 / 5:50 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalParliamentary 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.

Extension of Sitting HoursGovernment Orders

May 29th, 2017 / 12:05 p.m.


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

moved:

That, notwithstanding any Standing Order or usual practice of the House, commencing upon the adoption of this Order and concluding on Friday, June 23, 2017:

(a) on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be 12:00 a.m., except that it shall be 10:00 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place;

(b) subject to paragraph (e), when a recorded division is demanded in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2) or Standing Order 78, but not including any division in relation to the Business of Supply or arising as a consequence of an order made pursuant to Standing Order 57, (i) before 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of oral questions at that day’s sitting, or (ii) after 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of oral questions at the next sitting day that is not a Friday;

(c) notwithstanding Standing Order 45(6) and paragraph (b) of this Order, no recorded division requested after 2:00 p.m. on Thursday, June 22, 2017, or at any time on Friday, June 23, 2017, shall be deferred, except for any recorded division which, under the Standing Orders, would be deferred to immediately before the time provided for Private Members’ Business on Wednesday, September 20, 2017;

(d) the time provided for Government Orders shall not be extended pursuant to Standing Order 45(7.1) or Standing Order 67.1(2);

(e) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this Order, is demanded, the said division is deemed to have been deferred until the conclusion of oral questions on the same Wednesday;

(f) any recorded division which, at the time of the adoption of this Order, stands deferred to immediately before the time provided for Private Members’ Business on the Wednesday immediately following the adoption of this Order shall be deemed to stand deferred to the conclusion of oral questions on the same Wednesday;

(g) a recorded division demanded in respect of a motion to concur in a government bill at the report stage pursuant to Standing Order 76.1(9), where the bill has neither been amended nor debated at the report stage, shall be deferred in the manner prescribed by paragraph (b);

(h) for greater certainty, this Order shall not limit the application of Standing Order 45(7);

(i) no dilatory motion may be proposed after 6:30 p.m.;

(j) notwithstanding Standing Orders 81(16)(b) and (c) and 81 (18)(c), proceedings on any opposition motion shall conclude no later than 5:30 p.m. on the sitting day that is designated for that purpose, except on a Monday when they shall conclude at 6:30 p.m. or on a Friday when they shall conclude at 1:30 p.m.; and

(k) when debate on a motion for the concurrence in a report from a standing, standing joint or special committee is adjourned or interrupted, the debate shall again be considered on a day designated by the government, after consultation with the House Leaders of the other parties, but in any case not later than the twentieth sitting day after the interruption.

Mr. Speaker, I rise to speak to government Motion No. 14. For the benefit of members, the motion would extend the sitting of the House until we rise for the summer adjournment.

We have much to accomplish in the coming weeks. Our government has an ambitious legislative agenda that we would like to advance in order to deliver on the commitments we made to Canadians in the last election. Let me reflect on our recent legislative achievements before I turn to the important work that lies before us over the next four weeks.

In our last sitting week, the House and Senate were able to reach agreement on securing passage of Bill C-37, which would put in place important measures to fight the opioid crisis in Canada. I would like to thank members of the House for the thoughtful debate on this bill and for not playing politics with such an important piece of legislation. In particular, I would like to thank members of the New Democratic Party for co-operating with the government to advance this bill when it was in the House and for helping us dispense with amendments from the Senate. This was a high watermark for the House and I hope that we can take this professional and courteous approach forward. I would also like to thank senators for their important contributions to this bill.

I would also like to point out the passage of two crucial bills related to trade. The first, Bill C-30, would implement an historic trade agreement with the European Union. The second, Bill C-31, would implement a trade agreement with Ukraine, a country that is dear to many members.

I am proud that our government continues to open the doors to trade and potential investment in Canada to grow our economy and help build a strong middle class.

In looking forward to the next four sitting weeks, I would like to highlight a few priority bills that our government will seek to advance. I will start with Bill C-44, which would implement budget 2017. This bill is about creating good middle-class jobs today while preparing Canadians for the jobs of tomorrow.

I will provide some examples of the initiatives that will contribute to building a strong middle class. The budget makes smart investments to help adult workers retain or upgrade their skills to adapt to changes in the new economy and to help young people get the skills and work experience they need to start their careers.

The budget also provides for investments in the well-being of Canadians, with the emphasis on mental health, home care, and health care for indigenous peoples.

Bill C-44 would provide financing to the provinces for home care and mental health care. It would also create leave for those who wish to care for a critically ill adult or child in their family. These initiatives help build stronger communities.

I would also like to point to initiatives in the budget that deal with gender equality. The first-ever gender statement will serve as a basis for ongoing, open, and transparent discussions about the role gender plays in policy development. Our government has other initiatives that aim to strengthen gender equality. For example, Bill C-25 encourages federally regulated companies to promote gender parity on boards of directors and to publicly report on the gender balance on these boards.

Another bill, which I will discuss in greater detail later in my remarks, is Bill C-24, a bill that would level the playing field to ensure a one-tier ministry. The bill has a simple premise. It recognizes that a minister is a minister, no matter what portfolio he or she holds.

Our government has committed to legalizing and strictly regulating the production, distribution, sale, and possession of cannabis. I look forward to the debate on this important bill tomorrow. I will note that the bill would provide strong safeguards and deterrents to protect young people from enticements to use or access cannabis.

The government has taken a responsible approach in seeking to legalize cannabis by ensuring that law enforcement agencies have approved methods to test the sobriety of drivers to guard against cannabis use while operating a motorized vehicle. This afternoon, the House will continue to debate this bill, which, I will happily note, has support from all opposition parties in the House. I hope that we can agree to send this bill to committee on Wednesday.

Now I would like to return to our government's commitment to improving gender equality. Bill C-24, which stands in my name, seeks to formalize the equal status of the ministerial team. This bill is very straightforward in its nature. It is fundamentally about the equality of all ministers. We strongly believe that the Minister of Status of Women should be a full minister. We believe that the Minister of Science and the Minister of Democratic Institutions should be full ministers.

I am disappointed that the Conservatives do not share this fundamental belief in equality. I think we should send this bill to committee for a detailed study of what the bill actually does.

I would like to draw members' attention to another piece of legislation, Bill C-23, regarding an agreement with the United States on the preclearance of persons and goods between our two countries.

This bill is currently being studied by the Standing Committee on Public Safety and National Security. The principle of the bill is simple. It is about ensuring a more efficient and secure border by expanding preclearance operations for all modes of transportation. This will increase the number of trips and the volume of trade, which will strengthen both of our economies.

As members may know, preclearance operations currently take place at eight Canadian airports, and immigration pre-inspection is also conducted at multiple locations in British Columbia in the rail and marine modes.

Once that bill comes back from committee, I hope that we can work together to send it to the other place.

In our last sitting week, our government introduced comprehensive modernization of our transportation systems. A strong transportation system is fundamental to Canada's economic performance and competitiveness. Bill C-49 does just that. The bill would enhance the utility, efficiency, and fluidity of our rail system so that it works for all participants in the system. Freight rail is the backbone of the Canadian economy. It moves everything from grain and potash to oil and coal, to the cars we drive, the clothes we wear, and the food we eat.

I would also like to draw to the attention of members provisions in Bill C-49 that would strengthen Canada's air passenger rights. While the precise details of the air passenger rights scheme will be set out in regulations, the objective is that rights should be clear, consistent, transparent, and fair for passengers and air carriers.

Finally, our government committed to creating a national security and intelligence committee of parliamentarians. Bill C-22 seeks to accomplish two interrelated goals, ensuring that our security intelligence agencies are effective in keeping Canadians safe, while at the same time safeguarding our values, rights and freedoms, and the open, generous, inclusive nature of our country.

I appreciate the work that was done in the House committee to improve the bill. The bill is currently before the Senate national security committee, and I look forward to appearing before that committee with my colleague, the Minister of Public Safety and Emergency Preparedness.

Sitting a few extra hours for four days per week will also give the House greater flexibility in dealing with unexpected events. While it is expected that the Senate will amend bills, it is not always clear which bills and the number of bills that could be amended by the Senate. As we have come to know, the consideration of Senate amendments in the House takes time. This is, in part, why we need to sit extra hours. I know that members work extremely hard balancing their House duties and other political duties. I expect that extending the hours will add to the already significant workload.

I wish to thank members for their co-operation in these coming weeks. As I reflect upon my time as government House leader, there were examples where members of the House came together, despite their political differences, and advanced initiatives that touched directly upon the interests of all Canadians. I hope that over the four remaining sitting weeks before we head back to work in our ridings, we can have honest and frank deliberations on the government's priorities and work collaboratively to advance the agenda that Canadians sent us here to implement.

In the previous Parliament, when the government decided to extend the sittings in June of 2014, Liberal members supported that motion. We knew then, as we know now, that our role as legislators is a privilege, and we discharge our parliamentary functions in support of our constituents.

There will be initiatives that the government will bring forward over the coming weeks that will enjoy the support of all members, and there will be issues on which parties will not agree. Our comportment during this time will demonstrate to Canadians that we are all in this together, despite our differences, for the good of this great country. Let us not lose sight of that.

I believe the motion before the House is reasonable. I hope opposition members can support sitting a few extra hours for four days a week for the next few weeks to consider important legislation for Canadians.

The Speaker Geoff Regan

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

Ottawa

May 18, 2017

Mr. Speaker:

I have the honour to inform you that Ms. Patricia Jaton, Deputy Secretary to the Governor General, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 18th day of May, 2017, at 10:32 a.m.

Yours sincerely,

Stephen Wallace

The schedule indicates the bill assented to Thursday, May 18, 2017 was Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts.

The Speaker Geoff Regan

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has concurred in the amendment made by the House of Commons to amendment No. 1(b) to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, without amendment.

HealthOral Questions

May 16th, 2017 / 2:50 p.m.


See context

Markham—Stouffville Ontario

Liberal

Jane Philpott LiberalMinister of Health

Mr. Speaker, I thank the hon. member for raising this issue again in the House. Again, we will talk about the fact that this is an unprecedented national public health crisis. We are working determinedly on all aspects of the crisis. Our response is comprehensive. We have invested money in prevention. We are investing money in treatment. We are scaling up access to all ranges of treatment, including pharmaceutical grade diacetylmorphine. We are making sure we are expanding harm reduction sites, including the passage of Bill C-37 in the House yesterday, to make sure people will have harms reduced. We will continue to work at all levels to save the lives of Canadians.

HealthAdjournment Proceedings

May 15th, 2017 / 6:55 p.m.


See context

NDP

Tracey Ramsey NDP Essex, ON

Mr. Speaker, earlier this year in question period, I asked the government for immediate action on the opioid crisis. I said that we cannot afford to wait for Bill C-37 to wind its way through the parliamentary process. Ironically, months later, while this legislation has made progress, it has not yet received royal assent.

At the time, I asked the government to provide immediate and direct support to communities like those I represent in Essex which continue to grapple with this public health emergency. Unfortunately, this crisis continues to spiral. Front-line workers do not have the resources that they need. People in my community are frustrated and angry by the lack of response from the government.

Earlier today, the Minister of Health spoke about emergency funding to B.C. and Alberta. I would like to remind her that communities across Canada need emergency funding. Small communities especially are struggling to deal with this issue when there is not a holistic plan. We need care in this country that sees people from detox through transition and into rehab. That is very difficult to find in small communities. We need the government to step up with the resources necessary to bring this crisis under control.

In my riding of Essex, youth addiction is a significant issue. In fact, our county has the seventh highest rate of youth addiction in the province. People in law enforcement feel that their hands are tied and they are stuck in the cycle as well. They pick up the same person, bring him or her to the hospital, and then the person is back on the street again. They want to be part of the solution, but there is currently no way for them to participate in that.

Families are feeling desperate. When a loved one experiences an addiction, the parents and the family struggle so much. It is life or death. They try to support their loved one in getting help, but there are so many gaps in the system that it often feels like the system is working against them. Families are doing all they can to help each other.

This morning I spoke with a woman from my riding who was trying to help another family save their child. Fortunately, she was able to get her daughter into treatment and her daughter is healthy today, but this is not the case for everyone. If it were not for Narconon and family support systems that are popping up, we would have no formal way for people to be able to find out what treatment is available to them.

When someone with an addiction is ready to detox and then go to rehab, it is often the beginning of a frustrating experience of running up against the common problems of lack of beds, long wait lists, and a complete lack of resources. People with addictions simply cannot get the help they need and sadly, this can have tragic consequences. People not being able to get into help is heartbreaking.

I have met with some of these families. They have visited me in my office. It is a very emotional conversation with people who are struggling to get their loved ones the help that they need. I have heard their pain and sorrow, and more often, their frustration and anger. When families tell me that their only hope is that their loved one will somehow end up in jail so that their loved one can get the treatment that he or she needs, this tells us how incredibly broken our system is.

Since I held a round table several months ago, seven more people have died in our region due to opioid addictions. I implore the government to revisit its five point plan and reconsider the level of resources that this public health crisis deserves. I would like to ask what the government can offer to rural communities like those in Essex to assist with strengthening the response to the opioid crisis.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 6:15 p.m.


See context

The Assistant Deputy Speaker Anthony Rota

It being 6:15 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the amendments tabled by the Senate to Bill C-37 now before the House.

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

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 6:05 p.m.


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Liberal

Ken McDonald Liberal Avalon, NL

Mr. Speaker, we are here today to discuss the amendments to Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts.

I would like to start my remarks by thanking the Standing Committee on Health, and the Standing Senate Committee on Legal and Constitutional Affairs, as well as members of both Houses of Parliament for their time and expertise in the review of Bill C-37.

This bill proposes a number of amendments to the Controlled Drugs and Substances Act and other acts, to support our government's efforts to address the current opioid crisis, as well as problematic substance abuse more generally. I will focus my remarks on Bill C-37 and the opioid crisis in Canada.

Canada is in a public health crisis due to an increasing number of opioid-related overdoses and deaths. The reality is that individuals, families, and communities across Canada are losing loved ones to this crisis, and it is more and more likely that the majority of Canadians know someone, directly or indirectly, who has been impacted.

Until very recently, only British Columbia and Alberta regularly reported on opioid overdoses and deaths. While I cannot speak about a national picture of overdoses and deaths due to drug substances, it is clear that the numbers we do have are rising. For example, in British Columbia, 931 people died of drug overdoses in 2016, an increase of 80% from 2015. In Alberta, 343 fentanyl-related deaths occurred in 2016, an increase of 33% from 2015.

According to Ontario's chief medical officer of health, approximately one in every 170 deaths in Ontario is related to opioid overdose. Furthermore, we all see the severity, through daily news articles that outline the number of overdoses and deaths from the night before. The news cannot be ignored. People are suffering and people are dying.

Our government has already taken many actions to date to address this crisis. These actions include commitments in the areas of prevention, treatment, harm reduction, and enforcement, all supported by strong evidence-based and targeted public health emergency response.

In addition, recognizing that provinces, territories, and other stakeholders have an important role to play, the Minister of Health co-hosted an opioid conference and summit in November 2016, which brought together a broad range of stakeholders for a national dialogue on actions to address and reduce the harms related to opioid use in Canada.

In December 2016, the Canadian drugs and substances strategy was introduced, replacing the national anti-drug strategy with a balanced and health-focused approach. Also, Health Canada funded the Michael G. DeGroote National Pain Centre, at McMaster University, to lead a project to update the Canadian guideline for safe and effective use of opioids for chronic non-cancer pain, which was published this May. The goal of the updated guidelines is to maximize the benefits of opioid therapy for chronic non-cancer pain, while reducing the risk of harm.

Bill C-37 was introduced on December 12, 2016. As mentioned, it proposes a number of amendments to the Controlled Drugs and Substances Act and other acts to support our government's efforts to address the current opioid crisis, as well as problematic substance use more generally. For example, it makes important proposed changes to the establishment of supervised consumption sites. Currently, supervised consumption sites are governed by the Respect for Communities Act. This act requires that applicants interested in establishing supervised consumption sites address 26 criteria in their application. Further, to renew an exemption for an existing site, the same 26 criteria must be addressed, as well as information related to two additional criteria.

Many experts agree that this administrative burden makes it difficult for supervised consumption sites to be created in communities that need them.

Evidence guides our government's current approach to drug policy, and Canadian and international research shows that when properly established and maintained, supervised consumption sites can and do save lives and indeed improve health. Without compromising the health and safety of those operating the site, its clients, or its surrounding community, Bill C-37 proposes to relieve the administrative burden on communities seeking to establish a supervised consumption site.

Rather than 26 criteria, Bill C-37 proposes five factors to be included in applications. These factors examine the impact on crime rates, the local conditions indicating need, the regulatory structure in place to support the facility, the resources available to support its maintenance, and the expressions of community support or opposition. Streamlining the application and renewal process and adding in a new transparency provision means that applicants can be assured that the process will not cause unreasonable delay. If assented to, Bill C-37 would support the establishment of supervised consumption sites by showing communities that their voices would be heard and that each application would be subject to a comprehensive review.

Also, for renewals, a new application would no longer be required. Instead, a renewal would simply be requested by informing Health Canada of any changes to the information that was submitted as part of the site's last application. If a community is benefiting from an existing supervised consumption site, then why would the federal government make it burdensome for their application to be renewed?

The Senate has adopted amendments to Bill C-37 that focus on further involving the public in their input regarding supervised consumption sites. Our government supports one of those amendments fully, the amendment to establish a minimum consultation period of 45 days when the minister chooses to post a public notice of consideration in cases where there may be extenuating circumstances.

However, our government does not support the second amendment, which is to allow for citizen advisory committees for supervised consumption sites. By setting out a mechanism for oversight that does not apply to any other health service, this would add stigma to the use of harm reduction services at a time when the focus needs to be on saving lives.

Finally, our government seeks to amend the provision requiring an offer of alternative pharmaceutical treatment at supervised consumption sites. While we share the goal of improving access to treatment, the mandatory wording could pose an additional burden to applicants seeking to establish supervised consumption sites. I repeat that this cannot be risked during such a time of urgent need.

Bill C-37 also contains additional provisions to reduce the availability and harm of street drugs. Another pressing aspect of the opioid crisis is that street drugs are being made more and more potent as they are being laced with fentanyl. Illegal fentanyl, often imported, is increasingly available, and overdoses are occurring when individuals are not aware of the potency of the substances they are using. This includes counterfeit pills made using pill presses and encapsulators. Currently, these devices can be and are legally imported into Canada by anyone, with no specific regulatory requirements.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 5:35 p.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, last month brought with it a grim reminder for those struggling on the front lines of Canada's opioid crisis. April 14 was the one year anniversary of British Columba provincial health officer Dr. Perry Kendall's decision to declare the overdose epidemic a public health emergency in British Columbia. Unfortunately, despite a year of amplified efforts from municipalities, health professionals, and community volunteers, the overdose epidemic is getting worse across Canada, not better.

The first week of May marked the second time in less than a month that Vancouver Fire and Rescue Services reported more than 150 overdose calls in a week, responding to 168 calls. Vancouver police reported seven suspected overdose deaths for the same period.

That brings Vancouver's total to 148 lives lost to overdose so far in 2017, with 41 alone in April. Only January, with 47 suspected overdose fatalities, was deadlier in the history of British Columbia. The city is on pace to reach 400 overdose deaths this year, double the 2016 number, which was in itself a record. Overall, the province of British of Columbia is on pace for 1,400 overdose deaths in 2017; that again would be a 50% increase over last year.

In April, B.C.'s first responders once again broke the record for suspected overdose calls in a single day. BC Emergency Health Services says it responded to 130 suspected overdoses in the province on Wednesday, April 26, mere weeks ago. The previous record was 121, and that was on November 20, 2016.

Early in 2015, Downtown Eastside fire Hall No. 2 answered about 50 overdose calls a month. By December 2016, that had jumped to 438 as the opioid crisis deepened, according to data released by the city of Vancouver.

In total, Vancouver Fire and Rescue Services reported 688 overdose calls in April, the highest on record this year and a 22% increase from March. Vancouver Fire and Rescue Services has now capped the time spent by firefighters at Hall No. 2 at one year to limit their emotional and physical burnout.

Vancouver's mayor Gregor Robertson has said he feels “incredible frustration and anger” at the preventable loss of life, and directed his comments at the federal and provincial governments. He said, “This crisis is B.C.’s most tragic public health emergency in decades, and yet urgent health-care interventions that could immediately save lives are not being facilitated.” City councillor Raymond Louie has described the situation as a disaster.

As the death toll increasingly mounts, it is difficult to understand exactly what the federal government is waiting for or how it can claim progress is being made. It is time for Ottawa to stop overstating this progress and start responding to this crisis with the urgency and resources that it deserves.

Despite repeated NDP attempts to fast-track Bill C-37, the Senate delayed this critical life-saving legislation for three months. That is unacceptable in the midst of a national public health emergency.

In Canada, we had over 2,000 overdose deaths last year. That is an average of six Canadian lives lost every day. This means that in the past three months, while this bill has languished in the Senate, we should expect that at least 500 Canadians have died, perhaps preventable deaths, due to overdoses. However, given the escalation in fatal overdose rates so far in 2017, that number is likely even higher.

On the first day that the Vancouver-based facility Insite opened, it reversed 15 overdoses. Not all of those people would have died of course, but odds are that some of them would have if those overdoses had happened out on the street. Indeed, we have over a decade of clear and overwhelming evidence that supervised consumption sites save lives. There is not a shred of credible evidence to substantiate the baseless fearmongering that has shrouded this debate for too long.

Today, there will be 600 supervised injections at Insite and not one of them will result in a fatal overdose. No one has ever died of an overdose at Insite since it opened in 2003. In the immediate area around Insite, the 40 block area surrounding the facility, there has been a 35% decline in overdose deaths. People who use Insite on a regular basis are 30% more likely to enter addiction treatment.

The three months this bill unnecessarily was held up in the Senate has cost lives in our country, and that should be condemned.

In the end, I cannot imagine a more irresponsible way to respond to a health crisis than by wasting our time rehashing a settled debate on the efficacy of supervised consumption sites, when every day we delay their approval means more overdoses and more lives lost, yet after three months of delay, the Senate has now returned the bill to the House with three problematic amendments, motivated by those who, based on a narrow ideology, are opposed to supervised consumption sites, reject the clear evidence they save lives, and really want to obstruct or delay their opening.

These amendments, and the concepts behind them, were specifically raised, debated and rejected at the House of Commons Standing Committee on Health. They are not evidence based, they represent poor public health policy, and they are contrary to the very intent of the legislation.

I will deal with amendment 1.

Before it was amended, the bill set out a maximum 90-day consultation period with the public in order to allow the public to have its say on the site and location of the supervised consumption site. The amendment by the senators proposes to put in a minimum 45-day public consultation for these applications. There is only one reason someone would want to put in a minimum time for public consultations, and that is to slow down an application for a supervised injection site.

There is no doubt that this amendment, were it to pass, will slow down the approval process and hinder quick action in the case of emergency where we may have to open supervised consumption sites very quickly, as have volunteers and activists on the ground in Vancouver as we speak. Some people in Vancouver have opened what are called “overdose prevention clinics”, right now operating courageously outside the law because they know they are saving lives. They are risking their professional credentials. They are risking being arrested. They are risking running afoul of the law. However, they are not waiting around for an application to be approved by the minister. We have had none approved over the last several years, other than this weekend when finally two were approved in Montreal. They are opening these sites to save lives now, yet this amendment, which the Conservatives have put in, would delay the opening of a site even in an emergency basis. I will get to this in a moment, but to their everlasting disgrace, the Liberal government will support that.

Amendment 2 proposes that the minister may appoint a citizen advisory committee for each supervised consumption site. This is unnecessary and redundant because community consultation is already a core criterion in the main part of the bill. The amendment is an attempt to delay supervised consumption sites and try to create public opposition to them. Last, site decisions should be health based. Community input, as I have already stated, is already provided for in the body of the bill.

Finally, amendment 3 would require a person who is operating a safe injection site to offer what is called “alternative pharmaceutical therapy” to each person entering that facility before the person consumes a controlled substance. First, that provision is very likely unconstitutional and outside the power of the federal government. Second, it is unnecessary because treatment options are already part of harm reduction facilities. Had any of those senators bothered to go to Insite and tour that facility, they would have been told that all over that facility anyone entering it is exposed to treatment modalities of all types. Third, such an amendment would be counterproductive because it could have the effect of discouraging some clients from entering and using supervised consumption sites.

Do not take my word for it. When Bill C-37 was being debated before the House of Commons Standing Committee on Health, the Liberal members of that committee said what I just said.

The Liberal member for Oakville cautioned the committee. He said:

...it's really important that we remember what we're doing here. This isn't designing the treatment programs and the whole care model around people with drug addictions. That's the province's responsibility.... What we're doing here is deciding who would be exempted from the Controlled Drugs and Substances Act because of medical conditions.

On the 45-day minimum consultation, the Liberal member for Charleswood—St. James—Assiniboia—Headingley told the committee:

I have a very quick point to the question that was asked about what the harm would be in 45 days [as a minimum consultation period] and whether it would matter.

The question I would ask in return is if there's an urgent enough need....the day that Insite opened, they reversed 15 overdoses. Multiply that by 45 potential deaths. Does that matter? I would say it does.

The Liberal member for Calgary Skyview reminded the committee of this. He said:

Time is of the essence when we are setting up these clinics. This amendment will constrain or tie the minister's hands for 45 days in terms of taking any action. Look at all the lives that may be lost in that delay.

Those are my comments.

It will be interesting to see if those members of the health committee, who sat with me when we heard from witnesses about the opioid overdose crisis due to a New Democrat amendment to study that very issue, will stand and vote with the New Democrats in opposing these three amendments that are contrary to the intent of the bill and actually make opening supervised consumption sites more difficult or more difficult for clients to access.

Those on the front lines of this crisis are unanimously opposed to these amendments because they know that they will delay the opening of critical public health facilities. Canada's New Democrats will stand with them, because we support sound, evidence-based health policy. We support these critical public health facilities that save lives. We therefore oppose these ill-advised amendments and we are deeply disappointed that the Liberal government would ignore evidence-based decision-making by agreeing to support any of them.

There is no reason to believe that this crisis is over, under control, or indeed will not continue to get worse with the proliferation of carfentanil in our communities. We need to fast-track the opening of supervised consumption sites and expand opioid substitution programs. We need better pain management regimens and substantial investments in addictions treatment across the board. These are needed to start the tectonic shift to transform how we think about addiction and to create better policies to address it after a decade of moralizing and criminalizing what is a public health issue.

First we must make long-term investments in mental health programs and addictions research. Canadian mental health experts, including the Public Health Agency of Canada, do not yet have an explicit understanding of the relationship between drug and mental health issues. Research identifying these associations will aid in defining the upstream mental health factors contributing to substance misuse. These factors can form the foundation of targeted and proactive mental health strategies, including community-based treatment and support programs for youth, indigenous people, women, and any other group that requires special support. Research shows that 70% of mental illness begins in childhood or adolescence, and those suffering are twice as likely to have a substance use problem.

In addition, national tracking of co-morbidity of mental illness and drug-related fatalities, similar to what is done in the U.S. and Australia, would enable faster access and a better understanding of trends for use in the development of targeted solutions.

In short, we need to know more, we need to invest more, and we need to devote more efforts to acquire the science and knowledge to address this public health crisis.

Second, we need substantial investments in addictions treatment across the board, and by that I mean significant new funding by all levels of government, in a myriad of modalities, for all distinct populations.

I will stop and point out that my Liberal colleague mentioned the $10 million given by the Minister of Health to British Columbia. That was in 2016. The current 2017 budget tabled in this House devotes zero dollars to address the emergency opioid overdose crisis in this country.

There is currently an unacceptably narrow portal for access to detox services and an appalling lack of publicly funded longer-term treatment beds. In Vancouver, where I have the privilege of representing a riding, it takes an average of eight days to access detox services. That is directly contrary to everything we know about addiction. If someone is willing to get treatment, we have to get them into treatment right away. If we wait even a day, that moment is usually lost.

In truth, effective treatment is really only available to those who can pay or are desperate enough to go into debt to access it. It is not unusual to have to pay $10,000 or more a month to receive timely access to quality addiction treatment facilities in Canada, a shocking gap in our so-called universal heath care system.

This has to change, and we must start building the infrastructure to provide universal access to essential health services for everyone suffering from substance use disorder. Different treatment modalities are needed for different populations, including treatment centres for youth, women, men, and indigenous Canadians. They must be built like any other health care facility and cover treatment for existing ones. It is time to start treating addiction as a bona fide health issue, and that means public coverage for effective treatment universally delivered.

Third, much of the opioid dependence and addiction phenomenon has been driven by millions of Canadians who cannot find effective treatment for chronic pain. This must be acknowledged and addressed.

Access to multidisciplinary pain management programs such as physiotherapy, weight loss, nutrition, massage, and counselling have been shown to improve pain treatment outcomes, as well as reduce the inappropriate use of pain medications, including reliance on opioids, which are highly addictive. Multidisciplinary management of chronic pain also has the potential to produce significant cost savings in health care expenditure by restoring lost workplace productivity and reducing hospitalization.

Access to effective interdisciplinary chronic pain treatment currently varies widely by province and territory, is particularly lacking in rural areas, and wait times are long. The cost is often prohibitive, as visits to non-physician health professionals are paid through private sector insurance or usually out of pocket. Therefore, we must prioritize the development of these chronic pain centres by supporting provincial and territorial efforts to establish and expand these programs.

Fourth, we must expand alternative treatments for people with chronic opioid addictions who are not benefiting sufficiently from available treatments such as oral methadone. For example, the SALOME study found that patients receiving medically-prescribed heroin, or diacetylmorphine, are more likely to live longer than someone receiving methadone maintenance therapy, more likely to stabilize their lives, and more likely to seek long-term treatment. Despite this, Vancouver's Providence Crosstown Clinic remains the only harm reduction treatment centre in North America where diacetylmorphine is used for treating long-term users.

This has to change, and change now. We need to encourage the opening of medically prescribed diacetylmorphine facilities across the country and ensure access to this phenomenally successful program to everyone who qualifies for and wants it. Let us be realistic. These policy initiatives will require a substantial allocation of resources after being chronically underfunded, indeed some actively opposed, by successive federal governments.

I have returned to the House day after day, month after month, and now year after year to push the Prime Minister and the Minister of Health to see the shocking scale of human suffering involved with this crisis, each time with news of a new horrifying record-breaking number for overdose deaths in my home city, province, and now across the country. On this point, I feel I must be blunt. Canadians' patience with the Liberal government has become exhausted. They no longer wish to listen to platitudes while Canadians continue to die.

Prior to the release of the last budget, the Prime Minister travelled to Vancouver and promised the crisis would no longer be ignored. He pledged, “There are no barriers to the federal government being able to do exactly what it needs to do. We will ensure resources are available.” Shockingly, budget 2017 fails to allocate the resources necessary. As former vice-president Joe Biden used to say, “Don't tell me what you value, show me your budget, and I'll tell you what you value.”

While the Liberals may pay lip service to progressive values, their funding decisions do not back them up. That is why at a recent town hall forum the Prime Minister was called out by harm reduction worker Zoe Dodd, who accused his government of not going far enough to combat this epidemic, saying, “We need millions of dollars. I am a front-line worker who has not been on the job for the last six weeks because people keep dying around me, and I'm completely traumatized.”

These overdoses are not merely statistics. They are someone's son, daughter, sister, or brother. They are someone's mother or father, aunt, uncle, cousin, or colleague. They may even be someone we know. It is time the House came together and gave them the support they need.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 5:25 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, Bill C-37 was introduced in the House in December, and here we are in May. I think questions about the delay of this legislation coming forward are quite legitimate.

My friend and colleague, the member for Vancouver Kingsway, has stood in this House as the NDP health critic, and in public, on numerous occasions and has asked the health minister and the Liberal government why they have not used the resources of the federal government to declare a national health emergency under the Emergencies Act. We still have not received a good answer. If we had 40 to 50 Canadians a week dying from Ebola or Zika viruses, there would be no hesitation in this House or by the government in mobilizing the resources it has at its disposal.

I would like to know why the government has not entertained the idea of enacting a national health emergency to give this crisis, and he has referred to it as a crisis, the resources it needs and demands.

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May 15th, 2017 / 5:10 p.m.


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Liberal

Sukh Dhaliwal Liberal Surrey Newton, BC

Madam Speaker, I am pleased to address the House today with respect to amendments adopted in the Senate to Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts. I will take this opportunity to thank the Senate, the House, and their committees for their hard work in studying this bill.

I will never forget last summer, when over one weekend in July, the city of Surrey had more than 60 fentanyl overdoses within a 48-hour stretch. This was a wake-up call for residents of Surrey—Newton and many across all of Surrey, as it shed light on how bad the opiate addiction crisis had become.

Following that horrible 48-hour stretch, my office called for an immediate emergency summit. The summit was attended by representatives of all three levels of government, including Surrey-based members of Parliament and members of the Legislative Assembly, irrespective of their political stripes. We gathered together front-line workers, such as Darlene Bowyer of the Surrey Association of Sustainable Communities, Shayne Williams of Lookout Emergency Aid Society, and Brenda Locke and Mike Musgrove of Surrey Urban Mission.

We had health care officials, such as Dr. Mark Tyndall of the UBC Centre for Disease Control; Shovita Padhi representing Fraser Health authority; and Clayton Pecknold, director of police services, representing the law enforcement community; and Tonia Enger, B.C. Ministry of Public Safety and Solicitor General.

We listened that day to the stories of those who were dealing with this crisis first-hand, every day of the week. We heard about how fentanyl is an opiate narcotic that is prescribed for cancer patients to treat their pain. I learned about how it is 100 times more toxic than morphine and how it was responsible for more than half of the overdoses that occurred in British Columbia in 2015.

There is an ongoing crisis of opioid-related overdose deaths and the devastating impact that this is having on individuals and their families. Canadians are dying from drug overdoses in record numbers, with the majority of those overdoses associated with opioids. In a number of provinces, including my own British Columbia, opioid overdoses are surpassing motor vehicle accidents as a cause of death. It is evident that Canadians across the country are feeling the impact of this crisis. People from all walks of life are affected.

Substance use is an extremely complex issue, and effectively responding to it requires a comprehensive, coordinated approach. On that note, this bill was introduced in the House of Commons on December 12, 2016 by the Minister of Health. It is aligned with one of our government's key priorities, which is protecting the health and safety of Canadians. The legislation is driven by our government's goal of adopting a comprehensive, collaborative, compassionate, and evidence-based approach to drug policy.

Bill C-37 would improve our government's ability to support the establishment of supervised consumption sites, a key harm reduction measure; address the illegal supply, production, and distribution of drugs; and reduce the use of controlled substances to the illicit market by improving compliance and enforcement tools.

Today, we are here to discuss amendments proposed by the Senate in three areas of the bill, to address the following issues: the period of time dedicated to public consultation as part of an application for a new supervised consumption site, the creation of a citizen advisory committee for supervised consumption sites, and the requirement that users of supervised consumption sites be offered alternative pharmaceutical therapy.

All aspects of this legislation are important, and we must act to pass Bill C-37 without delay. My comments today will focus on key legislative proposals to modernize the Controlled Drugs and Substances Act through a strengthening of law enforcement, and the government's ability to monitor, promote, and enforce compliance. These measures would reduce the risk of diversion of controlled substances used for legitimate purposes, such as prescription opioids, to the illegal market, which contributes to problematic substance use in Canada.

The Controlled Drugs and Substances Act has been amended over the years since it came into force in 1997. However, it has not kept pace with changes seen in both the controlled substances industry and the illicit drug market.

A specific measure that this bill would employ to modernize compliance and enforcement is the alignment of inspection authorities with other federal legislation. More than 600 licensed dealers are regulated under the Controlled Drugs and Substances Act, conducting activities with controlled substances for legitimate purposes.

Health Canada inspectors are currently only able to inspect sites where authorized activities with controlled substances or precursors take place. This legislation would allow Health Canada inspectors to enter places where they have reasonable grounds to believe there are activities with controlled substances. With these new powers, inspectors will also have the power to conduct follow-up visits with establishments whose licences have been suspended or revoked. These changes would not allow inspectors to enter private residences without consent of the occupant or a warrant. Cases would continue to be referred to law enforcement officers if Health Canada's inspectors believe that illicit activities are taking place.

Bill C-37 would further improve compliance and enforcement by providing the Minister of Health with the power to compel regulated parties to provide information regarding their activities with controlled substances. This authority could only be used to verify compliance with the act, to prevent non-compliance, and to address a public health or safety threat. Access to timely information would be of great benefit to the decision-making process when responding to public health or safety risks. This is the approach in other modernized legislation, for example, the Food and Drugs Act.

The bill would also provide the Minister of Health with the ability to establish an administrative monetary penalties scheme as a way of addressing non-compliance with the Controlled Drugs and Substances Act. For example, the department would be in a position to issue fines in cases where regulated parties do not follow required protocol, which would be a valuable addition to the tool kit at Health Canada's disposal in compliance promotion. These amendments would place the act in line with other Canadian regulatory frameworks, like the Canada Consumer Product Safety Act, and the Pest Control Products Act.

Currently, Health Canada's options for compliance promotion include the sending of a warning letter, which is often ineffective, or the suspension or revocation of a licence, which may be too severe a penalty, since it could lead to a shortage of drugs used for legitimate medical purposes.

In addition, not all regulated parties are issued licences under the Controlled Drugs and Substances Act. Some are simply subject to requirements established in regulations under the act. While this legislation would allow an administrative monetary penalty scheme to be put in place, regulations would be required to exercise this power.

Another aspect of Bill C-37 would be to modernize the disposal process for seized controlled substances or any property related to a chemical offence. Current handling and disposition rules are cumbersome and complex. Law enforcement agencies are required to follow the time-consuming process of obtaining a court order and Health Canada approval before disposal can take place, which results in longer storage times. The storage and handling of seized materials of this type poses a risk to the health and safety of Canadians and is very costly. With the increase in seizures of dangerous, illicit opioids, these changes are more important now than ever before. To reduce the burden on courts, government, and law enforcement agencies, this bill introduces an expedited process for the disposal of seized materials. The proposed improvement would eliminate the need for a court order or Health Canada authorization.

Bill C-37 would also allow military police to be designated a police force under the Controlled Drugs and Substances Act. This amendment would provide military police with a greater set of tools when investigating drug-related crimes on military bases.

Military police currently have the authority to enforce offences of a criminal nature within the jurisdiction of the Department of National Defence. However, they are not covered by the Controlled Drugs and Substances Act (Police Enforcement) Regulations. The regulations allow the use of a full set of techniques, such as the possession and trafficking of drugs as part of an investigation. Without that authority, tools and techniques at the disposal of military police in the course of an active investigation are limited. RCMP support currently fills this gap, which is both inefficient and costly.

All these legislative proposals would contribute to the modernization of the Controlled Drugs and Substances Act, aiming to better balance the key objectives of protecting public health and maintaining public safety. This would be accomplished by better equipping health and law enforcement officials with the tools and authority needed to reduce the risk and harm linked to substance use in Canada.

The ultimate goal of Bill C-37 is to decrease the diversion of controlled substances to the illicit market, which is a significant contributor to Canada's opioid crisis. The problematic substance use situation we are facing as a country is an immense concern, and I stress the urgent need for the passage of this bill to help address it. I therefore urge all members of Parliament to support Bill C-37 and the amendments as a step towards ensuring the continued protection of the health and safety of Canadians.

I have been out on the ground talking to people, health professionals, and first responders. I want to thank all of them for the input they have provided over the past many months. People say that knowledge is power, and my knowledge comes from the grassroots that have brought this issue to this level.

All parliamentarians feel, whether they sit on this side or the other side of the House, that the opioid crisis a health crisis, and we have to deal with it immediately. I ask all members in the House to support the bill, and let us do it on a non-political basis.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 4:55 p.m.


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Conservative

Dianne Lynn Watts Conservative South Surrey—White Rock, BC

Madam Speaker, I will be splitting my time with the member for Foothills.

I am pleased to rise again to speak to Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts.

As a member of Parliament from the Lower Mainland of British Columbia, I certainly can say that we have seen this crisis for a very long time. I am glad that the health minister has come forward to look at this issue. I would say that the community does want more to be done. This is an epidemic and I feel very strongly that we as legislators must do something. We must to anything we can to protect our kids, to protect our communities, and to protect the life of these individuals who are affected by this public health emergency. When there are close to 1,000 people dying from opioid overdoses in a single province in a single year, we need everyone involved to assist in mitigating that crisis.

When Bill C-37 came before the House in December 2016, it was tabled two days before the House rose for Christmas. I remember thinking that this piece of legislation should have been tabled months earlier, because there were some extremely important tools and changes in the bill that needed to be implemented immediately. Those had to do with the banning of the importation of unregistered pill presses, providing CBSA officers with more powers to open suspicious packages to stop the flow of fentanyl and carfentanil into Canada from China, and broadening the penalties to apply to the production, sale, importation, or transportation of anything intended to be used in the production of a controlled substance, including fentanyl.

There were other parts of this legislation that were more problematic and needed to be given more time for debate and more time for the opportunity for some amendments to come forward. I am talking about the legislative changes included in Bill C-37 that facilitated easier access to opening the injection and consumption sites in communities. In particular, there was the lack of community, police, and municipal consultation or notice in the legislation. That is why we as the Conservative opposition put forward a motion to separate the bill into two bills. One bill would have addressed all of the urgently needed measures and had unanimous support of the House and the other bill would allow parliamentarians and Canadians to have a bit more time to gather data and have a look at our communities to determine what we need to do and to look at the legislation and amendments.

It was absolutely astonishing that unfortunately, politics came into play and that motion was voted down. We could have had all of those measures in place right now.

We also wanted to hear from some expert witnesses on this issue at committee. Again, the Liberals opted not to hear from any witnesses whatsoever on the legislation and proceeded straight through to clause-by-clause study. Again, the Conservative opposition put forward amendments to the bill. They were common sense amendments, such as, obtaining letters indicating support or opposition from a municipality or a local police force, that all households within a two kilometre radius of a proposed site be notified and given the ability to offer up opinions whether they are in support or opposition, and information to be provided regarding schools, hospitals, day care centres, recreation facilities within that two kilometre radius. A defined period of time for public input and consultation, a minimum of 40 days and maximum of 90 days, would be given. Again, all of those amendments were voted down by the Liberal-dominated health committee.

The bill passed and went to the upper chamber, where amendments were made and the legislation was sent back to this House. It is now May 2017. It has been six months since the Liberals tabled this legislation and here we are debating the legislation that could have been passed through the Senate.

What part of the bill did the Senate take issue with? It was the lack of community consultation regarding injection site rule changes. That means none of the measures that had received unanimous consent from all sides of this House and the Senate have been passed.

I want to highlight the fact that had the Liberals put politics aside earlier and voted in favour of splitting the bill, those proposed pieces of legislation would be in place now, and CBSA would have the additional powers to stop fentanyl and carfentanil from coming into Canada. As well the ban on the importation of unregulated pill presses would be in place. However, these measures are still not in place and because of the importation of pills and powders, dozens of Canadian lives are being taken each and every day.

Today we are talking about three amendments made by the Senate to Bill C-37, after the Senate held five committee meetings and heard from 22 expert witnesses on this legislation.

The first amendment would ensure that there is a minimum community consultation period of 45 days prior to the approval of an injection site.

The second one would set up a citizens advisory committee of five to 10 volunteers who would be responsible for advising the approved injection site of any public concerns, including public health and safety. This is something that every community would want to support. The committee would also provide the minister with yearly updates on these matters.

The third amendment would direct those working at the site to offer users alternative pharmaceutical therapy rather than their consuming street drugs.

I was very pleased to see these amendments come from the Senate. Clearly it showed the upper chamber listened to the concerns around the issues and the lack of community consultation regarding the injection site and attempted to address some of these concerns yet again.

I am glad to hear that the Liberal government is supporting the first amendment from the Senate. I was a mayor for almost a decade, and I can say that if we do not consult with the community and do not have community buy-in on these very difficult issues, then it is doomed to fail. There must be a minimum amount of time for consultation, the gathering of information, and for input.

I am, however, very disappointed that the Liberals oppose the second amendment from the Senate. We have to look at the community as a whole and support those in need, as well as ensure that the community has a voice. Establishing an advisory committee, such as the one proposed by the Senate, would ensure that the community is engaged in an ongoing way, that it has a mechanism to voice its concerns, its support, any developing issues, and whether the site is actually working in that particular area of the community or not. It is not clear why the Liberals are so against giving communities a voice that would no doubt be very significant in any community, whether it is a large community or a small community.

On the third amendment, I find the Liberals' position somewhat baffling, because any injection or consumption site absolutely must offer an alternative to those who are using its services. Again, it is helping the individual. However, the Liberal government has changed the wording in this amendment. This has to be about saving lives.

These amendments would save lives. They would help the communities come together. This is an issue affecting all of us.

The motion put forward by the member for Oshawa to accept these amendments would provide legislation that really could have assisted, but again, the Liberals continue to refuse to allow communities a voice.

Thousands of Canadians have died from opioid overdoses. The families are affected, as are the schools, the friends, the children, the first responders, and the community at large. I look at this list. There is a mother who lost her two children within 20 minutes of each other. They were both in their twenties. Jordan was 21. Ryan was 23. Kelsey was 24. David was 21. Danny was 25. Scott was 21. Tyler was 23. These are young kids. There have to be alternatives. There has to be a community coming together and looking at this in a very holistic way. On this side of the House, that is all we want.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 4:50 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I cannot imagine what your communities are going through. Certainly, we feel it in my riding, but not nearly to the extent that your communities do, and I appreciate that.

Our discussions on this bill are not going to stop you from having a safe injection site, but I am speaking for my communities, and they are saying that they are very concerned about not being consulted properly before that happens in these communities.

Again, we are not saying that we do not want them. The feedback I have received from the mayors, reeves, police services, and mental health services is not that they do not want safe injection sites. Some of them do not, but others are supportive.

What they are trying to say is that they want to ensure that Bill C-37 has some sort of element that guarantees thorough consultation so that stakeholders and those concerned in the communities will have their voices heard. It is not necessarily about whether or not they want an injection site, but about where it would be located if they do want it.

We are having that discussion right now in the city of Calgary. The City of Calgary has put forward a safe injection site in the community without proper consultation, and now community members are speaking against it. A very important element of this is ensuring that communities buy into having safe injection sites: where they would be located, who would be involved, and those types of things.

Again, we are not saying that we do not want them. We are saying we want to ensure that consultation is part of the process.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 4:40 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Madam Speaker, I will be sharing my time with the member for South Surrey—White Rock.

I have to admit that speaking to Bill C-37 is difficult. I want to try to clear the air. I remember listening to this debate initially when it first came up in the House and certainly sitting through much of the debate today, and one thing I want to address is the misperception that because we are speaking out on this issue as Conservative members, somehow we do not believe that the fentanyl crisis is a crisis and do not think it is an issue.

The numbers are staggering. We are looking at 340 accidental fentanyl overdoses in Alberta last year and 650 in B.C. We heard from the Minister of Health that it could very well be 1,400 in 2017. We are in a crisis when it comes to the opioid abuse that is happening, especially in western Canada, but it is definitely sweeping into other parts of the country as well.

We have spoken today about the numbers, but I think most of us in this House, or many of us, understand this is more than just numbers. My colleague from South Surrey—White Rock has obviously been fighting very hard on this issue.

This is something that has hit very close to my home. I have a rural Alberta riding. I know that many people do not assume that such an issue like this is a rural issue, that it is more an urban issue that is affecting our big cities, but that is simply not the case.

Unfortunately, I have attended a couple of funerals over the last few months of friends, acquaintances who have died of fentanyl overdoses, and these are in our small rural Alberta communities. Kainai First Nation in southern Alberta had 18 overdoses over a period of just a month last year. This has hit very close to my community. Unfortunately, my family and our friends have been impacted by the fentanyl crisis.

Unfortunately, some of the members opposite have put it out there that because we are speaking out about this issue and raising some concerns with Bill C-37, somehow we are cold-hearted and are not understanding the impact this fentanyl crisis is having on Canadians. That makes me extremely frustrated and angry, because all of us understand what is going on and how serious this issue is.

We are fighting as hard as we possibly can as parliamentarians, as we should, to make sure we are doing the best for Canadians. Our communities across Canada are looking toward us as parliamentarians to stand up and do something about this crisis. We are doing that, but we cannot just do that without also being the voice for our communities.

My rural communities understand that the fentanyl crisis is impacting all of us in southern Alberta, but my communities are also saying that they want us to ensure they have a voice at the table. When it comes to selecting safe injection sites, I have to admit I was really surprised when councils from communities as small as Stavely, Alberta, are writing me letters saying that it is not that they disagree with safe injection sites; their concern is they want to ensure that they have consultation on whether their community wants it or does not, and if it does, they want input on where it goes. I do not think that is out of line.

I think our municipalities and the governments that are closest to the issue understand what is going on in their communities much better than the Minister of Health in Ottawa, and I mean no offence to the health minister. I appreciate the Liberals' taking the effort to get Bill C-37 going, because we have to do something. As I said, Canadians are expecting us to do something. I think Canadians are frustrated because they do not think we have done enough, and I have to agree with them. This is not something that is going away.

Unfortunately, we are having this debate here today when in February, this could have been moved that much quicker. We put a motion on the floor to split this bill in half, to give the CBSA additional powers to address the trafficking into Canada—the bulk of fentanyl and carfentanil comes from China—and the tools to better enforce our borders, and also to give the Minister of Health additional tools to address new and dangerous drugs.

Those are the things that we wanted to move quickly. We wanted to try to start saving lives immediately. All we asked was that the portion of Bill C-37 that dealt with safe injection sites be split off so that we could have further discussions about that. I was extremely frustrated to see the Liberals and the NDP vote against that motion, not once but twice.

I am a father of three. I have seen what fentanyl does to the kids in my communities. My kids have come home and told me about the issues that they have at their schools and in their friendship groups. We need to do something now, not later.

I appreciate that Bill C-37 is a first step, but as parliamentarians, we had an opportunity to do the right thing in February and we failed. Today, when we have an opportunity to further discuss what our communities are asking us to discuss, which is safe injection sites, the Liberals, supported by the NDP, passed a time allocation motion to cut off debate on this issue. Debate has now been cut off in the House of Commons and at committee stage. They are the ones who are telling us, as Conservatives, that we do not care, but really the message is that the Liberals and the NDP do not care about what our communities think about this issue.

My communities have been especially vocal. It is not about whether they believe that fentanyl is an issue and it is not about whether they believe that safe injection sites are one tool to address this; they want to have a say. They want to have input on how this will look, and right now, no matter what the people opposite are saying, they do not feel that this is the case. They do not feel, with the way that Bill C-37 looks, that they would have genuine consultation in this process.

It is not just my town councils and village councils, but also my local RCMP members. They also feel that they need a say in how this would work. My feeling is that if we want safe injection sites to be successful, we must have community buy-in. If we do not have community buy-in, they are not going to be successful. They are not going to do what they potentially can do.

The other issue that is not included in Bill C-37, which I think is another area where we have fallen woefully short, is there is nothing in here that stipulates resources for mental health and addictions counselling. That is something that has come up extremely loud and clear in my communities. It is very difficult to access those services in southwest and rural Alberta. I do not want to speak for other urban centres, but people close to Calgary have those opportunities. They are much closer and more accessible. In rural communities, it is extremely difficult.

To me, Bill C-37 is a good first step, but the big focus of this bill is on dealing with the consequences of the fentanyl crisis. I think our focus has to be on the root cause of the fentanyl crisis, and that is the addiction to these opioids and the ability of traffickers to get easy access to these drugs. It is ridiculously easy to buy these drugs.

Some of my communities are not near any urban centre, but many of my rural communities in the southern most part of Alberta are feeling this the most. They are nowhere near Calgary. We cannot just assume that this is an urban Canada problem.

I am not saying that my colleagues are making that assumption, but this is something that we have to be extremely aware of.

That is the focus of my disappointment. We are arguing about something that we could have addressed months ago, but we did not. This is not partisanship. From my own personal experience, I can say that this has nothing to do with political parties; it is about doing the right thing for Canadians. They are looking to us as parliamentarians to do the right thing, to step up and take action on a crisis that is killing our communities. I do not think we can understate that. They are looking to us, as their elected officials, to take action. I think we have failed them, and we need to take a more active approach in doing something about the fentanyl crisis.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 4:30 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, some of the witnesses who appeared before the Standing Senate Committee on Legal and Constitutional Affairs said that people who were wealthy and addicted would get treatment and people who were poor and victimized would get a supervised injection site. The fact is that the Downtown Eastside has had a supervised injection site for 14 years, and 14 years later, it has the highest rates of addiction, HIV, and hepatitis C. At best, supervised injection sites are a stopgap measure. In Bill C-37, there was a lot of focus around harm reduction, but only one mention of treatment.

Where is the government's strategy when it comes to treatment and prevention? It seems it has been lost in Bill C-37.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 4:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the member across the way clapped, and I would like to challenge the Conservative Party as to why they are adamantly opposed to something that has been so successful for Canadians as whole.

If members did the research and checked with medical practitioners and social workers to get a sense of the results Insite in Vancouver has had, they could not possibly say it is bad thing. Not only has it saved lives, it has also redirected lives. In many ways, it has helped the communities. The Conservative Party wants to overlook or turn a blind eye to the many positive things. I find that unfortunate.

When the Liberals were in opposition, the Conservatives were making it more and more difficult to give any consideration to any new sites being located elsewhere in Canada. Members will recall that they they brought in legislation and the bill was debated at second reading. The government had to bring in time allocation. When it got to committee, we listened to the reports being presented and we got a very clear indication of why this was of such great value to our communities, moving forward not backward on the issue.

True to form, the Conservative Party pushed the issue until the legislation ultimately passed. Then, to no surprise, after the election, there was a pilot project of sorts, Insite, in Vancouver, British Columbia, which has been demonstrated to be a huge success. Now we have legislation before us that will enable other communities, where it has been deemed necessary, to establish similar sites.

The Conservatives are preaching fear. They are trying to say that the government is really proposing to have all these injection sites scattered throughout our country in all the different regions and communities. They are saying that there is going to be flood of these injection sites. That has not been our experience to date and the Conservatives know this is not the reality of the situation.

Let there be no doubt that with this legislation, we will enable communities, such as Montreal and others that believe their communities would benefit by having a safe injection site, to have that opportunity.

The Conservatives like to say that it should be community based and community driven. That is a given. That is in fact what does take place. Communities do work together. There are stakeholders in different communities. Where there is a justified need, we could possibly see one appear.

We are not talking about hundreds, which the Conservatives try give the impression. It will be based on the desires and needs of different stakeholders, different communities. I suspect it will be well-thought out before we see an injection site put in place. This is not determined overnight. There are a great many experts who get engaged on issues of this nature.

As I indicated, when we were in opposition, there were lengthy debates on this. Ultimately, it even went to the Senate. The Harper government was able to make it law. However, no one should be surprised that with a new government, we are taking an approach that is based on science and based on what is healthy for our communities. It is not just about what the Liberal Party thinks.

Since day one, the Minister of Health has recognized the very serious nature of this issue. She has worked with caucus colleagues and with members on both sides of the House to come to grips with this problem to see what we can do as a national government. The single biggest thing we could do, beyond the legislation itself, is to demonstrate national leadership on the issue, and we have done that.

We have worked with the provinces and municipalities and have come up with some special funding arrangements where the crisis is so great. There are about $10 million for British Columbia and several million dollars for Alberta. This money will go a long way toward saving lives.

The Minister of Health has had national conferences, many different meetings, whether one on one or with different stakeholders and provincial counterparts. There has been a great deal of dialogue on this issue. Interestingly enough, the only group I am aware of that has taken the position that this is a bad thing is the Conservative Party of Canada. It does not want this legislation to pass. Provinces and their regimes seem to recognize the value of what is being done here.

I would ask my Conservative colleagues across the way to look into the issue in more depth and get a better understanding of what constituents want. I believe my constituents would want a proactive approach in dealing with this health issue. It is best dealt with by working with others to try to make a difference. If we are successful, we will save lives.

From what I understand, more people die from fentanyl and opioids in the province of Ontario than those who die in fatal vehicle accidents. Three or more people will die on average every day in the province of British Columbia from drug overdose. Two people a day will die in the province of Alberta. People are dying all across the country from drug overdoses. Passing this legislation will not prevent people from dying, but it is part of a more comprehensive package that will make a difference.

I will give my NDP colleagues credit for the fact that they have recognized how important it is that we take this action. It is not very often we get co-operation when we try to get legislation passed through the House. However, we saw that at second reading ,when the legislation was in the House for debate for the first time. We are seeing it again today. The leader of the Green Party has also recognized the importance of this issue.

In reflecting on the community which I represent, it is not good enough for us to close our eyes out of fear of taking action. We can do better at fighting the problem of drug abuse that is facing our communities and our country as a whole. No community is exempt from drug abuse. If we can take initiatives that will make a difference, that will save lives, that will possibly put people on another course, then we should be bold enough to take them.

I would ask all members to support Bill C-37, send it back to the Senate, and make this the law of Canada.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 4:05 p.m.


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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, during this debate on Bill C-37, we have heard a lot about harm reduction, but we have heard very little about treatment. Indeed, in Bill C-37 there is only one mention of treatment.

We have some very good amendments brought forward by the Senate that would focus on treatment, amendments that the government opposes.

I was wondering if the hon. member could comment on why the government would emphasize so much on harm reduction, but not on treatment.

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 4:05 p.m.


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Louis-Hébert Québec

Liberal

Joël Lightbound LiberalParliamentary Secretary to the Minister of Health

Madam Speaker, I have a fairly simple question for the member. First, I would like to thank him for his speech.

For the past 10 years, the government's approach involved doing away with the harm reduction aspects of the anti-drug strategy. The purpose of that strategy is to ensure that we do not stigmatize drug users and that, instead, we treat them with the dignity they are entitled to and deserve.

Does my colleague agree that there would be no need for Bill C-37 today if the previous government had developed criteria for approving supervised consumption sites that were consistent with what we learned from the Supreme Court and that would have allowed us to open such sites more quickly in communities where they are needed and requested? We know that these sites save lives. The science is clear. No one has ever died at a supervised consumption site. They prevent overdoses. I think that is the way to go.

Does my colleague agree that it was a mistake for the previous government to do away with the harm reduction aspects of the strategy?

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 4 p.m.


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Liberal

Sukh Dhaliwal Liberal Surrey Newton, BC

Madam Speaker, I would like to bring to the House's attention the statistics from Insite in Vancouver. In 2005, Insite had over 263,000 visits by 6,532 individuals. Since 2003, there have been 2,395 overdoses that were treated by medical staff, and not one of them resulted in a death. Furthermore, there are thousands of referrals made by medical services every year, and as a result, Insite users are 30% more likely to engage in additional treatment than non-Insite users.

When there are overdose crises in cities like Surrey and Vancouver, would the member agree that we should do whatever is necessary right now and expedite Bill C-37 to deal with the overdose crisis and help those people?

Controlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 3:40 p.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, it is my turn to speak to Bill C-37, the second time I am doing so under the pressure of time allocation. I wanted to point that out because, the first time, I had prepared a speech that I wanted to share with my colleagues, but unfortunately, I did not have time, because the government felt it necessary to impose a gag order.

Bill C-37 has moved through all kinds of situations since the government introduced it. The official opposition totally agrees that urgent action is needed to address the opioid crisis. I think we share many of the same opinions and that we agree on most aspects of this bill. However, we raised a few concerns, particularly with regard to consulting the communities involved.

We had suggested splitting the bill so that we could act quickly and unanimously pass the most important parts of the bill in the House of Commons. Unfortunately, the government refused our proposal. I therefore do not think that we can be blamed for any delays or the many gag orders imposed on consideration of this bill.

I think that my take on Bill C-37 will help my colleagues see it in a different light. I believe that the problem we are currently seeing in Canada is an urban one. My riding is in a rural region and in our community we do not have this same need for injection sites. In my speech I will explain why this type of application does not really concern the smaller centres and rural regions as much as the larger centres. This problem must absolutely be addressed in order to improve the lives of Canadians across the country in large centres and rural regions alike.

As I was saying, Bill C-37 has some positive aspects, but also some negative aspects. First, the bill erodes the Respect for Communities Act, which was put in place to ensure that communities are consulted before an exemption is granted to a supervised consumption site. Under Bill C-37, a supervised consumption centre can be approved if it meets five criteria. Previously, 26 criteria needed to be met.

Furthermore, the bill changes the discretionary 90-day public consultation period to a discretionary period not to exceed 90 days. This means that a consultation period may not necessarily be obtained, whereas it was previously required.

These are some of the elements that could have been dealt with in a second bill. That would have given members from all parties the opportunity to comment on this possibility.

However, I must say that Bill C-37 has many positive aspects. The bill gives the Canada Border Services Agency the power to open any international mail, no matter the weight, should there be reasonable grounds to do so. Previously, the Agency had to have permission to open suspicious packages weighing less than 30 grams. With the spike in parcel post deliveries, I think that this is a necessary and welcome change.

The bill also gives the Canada Border Services Agency the power to seize any unregistered pill presses at the border. These presses allow criminal organizations to manufacture opioid pills that are subsequently distributed on the black market and that are causing considerable harm everywhere in Canada.

Prohibitions and sanctions will now apply to the possession, production, sale, importation, and transportation of anything intended to be used in the production of any controlled substance, including fentanyl. Once again, this is an absolutely essential component that we must absolutely pass. That is why we are not criticizing this provision. We think this needs to become law as soon as possible.

The bill also authorizes the minister to temporarily add to a schedule to the act substances that the minister has reasonable grounds to believe pose a threat to public health or safety.

Of course, public health is of paramount concern to us.

There was a way to pass these measures very quickly that could have helped a lot of Canadians and communities. We have to find a solution because this is not an easy problem to solve. We will not be able to fix the fentanyl problem overnight, nor any other hard drug problem. At least we were on the right track.

Now what about this citizen consultation part? It is clear to us that we must oppose any measure that would limit the people's right to be consulted prior to a supervised injection site being set up.

Bill C-37 has serious flaws, and the Senate talked about them. First of all, the bill does not make any mention of prevention. Second, there are omissions regarding the rehabilitation of drug addicts. Finally there is also nothing in the bill about making communities aware of the safe injection sites to be approved.

If we open supervised injection sites and make those sorts of changes in communities, it is important that we tell people about it. They need to know why we are doing that and what advantages and disadvantages such a site will have for their community. Not all of the impacts of these sites are positive. The establishment of supervised injection sites will also have negative consequences for some cities in Canada. It is therefore important that the people affected know about all the potential impacts, both positive and negative.

Personally, what I find quite worrisome is that there is no mention whatsoever of the friends and family of hard drug users. They too endure terrible and terrifying experiences. They see their young or not-so-young children who are addicted to these drugs being left to their own devices in big cities. We have seen examples of this in recent years.

In her question, my colleague from Nanaimo—Ladysmith said that these drugs have caused many overdose deaths in her riding. That is terrible. Imagine how the families of these victims must feel. Family members of drug addicts feel so powerless, and they are left completely on their own.

In order to remedy this situation, I do not think it is enough to help people take drugs in a safe way. We also need to help their families because, even though family members try to do whatever they can to help the drug addict, they often feel helpless and overwhelmed by the magnitude of the problem. The people they are trying to help, their loved ones who are addicted to hard drugs, cannot overcome their addiction alone.

There is also nothing on access to legal drugs. In other words, these injection sites are not being required to offer an alternative to the people who go there. I am not saying that these people should be forced to undergo treatment or fill out a 25-page questionnaire before they can use a centre's services. They do not have to write a single word. I just want there to be resources available on the premises to help these people turn things around when they are ready to.

People who are concerned enough about their health to go to a supervised injection site might be the most likely to want to turn their lives around one day. Why insist on not requiring these sites to offer an alternative? It would be on a voluntary basis because, if they are required to jump through all sorts of hoops, people will stop going to the site and the problem will linger.

It would have been a good idea to think about these important issues. The opposition proposed amendments on this, but unfortunately they were rejected.

The Senate also proposed similar amendments, but unfortunately, the government wants to defeat them. We can come back to this later.

Bill C-37 is about supervised injection sites. As I said in my introduction, at first glance, many Canadians think this problem affects only big cities. Many people feel less concerned if they come from an area like Thetford Mines or one of Canada's rural regions, because we do not have these kinds of problems in small communities.

However, where do young people from Thetford Mines go? Where do young people from rural areas go when they are desperate and have no job, and where do they become the most vulnerable? For the most part, they go to the big city.

The transition from a rural area, where everyone knows everyone, to a big city, where you become anonymous, is a huge change and it exposes people to all kinds of different influences and experiences. If the life they find in the big city does not live up to their hopes and dreams, it might be easy for some to turn to all kinds of hard or soft drugs for answers. That is how mortality rates have achieved the levels we are seeing now in large urban centres.

This problem is not exclusive, then, to large urban centres. We must all be concerned and do our part to help, whether we live in a town like Thetford Mines, which I must not call a village, because my constituents would not be happy, or in a small village in the Appalaches RCM.

Bill was necessary and must pass as soon as possible, but we cannot proceed without thinking of the people who will be directly affected by these centres. We also cannot proceed C-37without thinking about the prevention, rehabilitation, and support we are going to provide to the people who use these centres and their loved ones. We must also think about the support we should provide to the communities that will have to live with these supervised injection sites.

The first time that I wanted to speak about the opioid problem and Bill C-37, I did a bit of research because, as I mentioned, in Thetford Mines, in the riding of Mégantic—L'Érable, this is not a problem we deal with on a daily basis. We do not find needles on the ground everywhere. This does not seem to be a drug of choice in rural communities, or at least not where I come from.

Last year, I had the opportunity to go to Vancouver for an NDP convention. By mistake, we went through a tough neighbourhood, where we saw people living in misery. I saw them with my own eyes, and I could not understand how this could happen to them and how we could abandon these people without doing anything about it. It hurts when we come face to face with reality for the first time. It was a real wake-up call.

I read up on fentanyl, carfentanyl, and all the opioids we have been talking about for so long to better understand the issues. I found two or three definitions of carfentanyl on greenshield.ca, and I would like to share one of them with the members of the House of Commons because it is important for people to really understand the situation:

Carfentanil is adding to the Canadian opioid crisis. Although carfentanil is a synthetic opioid like oxycodone, fentanyl, and heroin, it is an animal tranquillizer for livestock and elephants with no safe application for humans. It is considered about 100 times more potent than fentanyl, 10,000 times more potent than morphine, and 4,000 times more potent than heroin.

That is what the mafia is putting in the drugs it sells to the most disadvantaged members of our society so that they become even more addicted and ask for more.

They say that the risk of overdose is very high. Experts warn that inhaling an amount of carfentanil that is smaller than a snowflake could trigger a fatal overdose. Officials suspect that carfentanil has probably been in Canada as long as fentanyl, but only recently have there been successful seizures of carfentanil.

Law enforcement officials suspect that fentanyl and carfentanil are mass-manufactured in China, where sellers easily conceal the drugs inside boxes of things like urine testing strips or generic vitamins. In fact, buying fentanyl online on the international market and having it delivered is just as easy as ordering vitamins.

GSC says that, after making the trip from China to the United States, the drugs make their way north to Canada. Recently, several states and a number of provinces experienced a wave of overdoses and deaths. What is worrisome is that, in June 2015, there was a seizure in Vancouver of a one-kilogram package of carfentanil bound for Calgary. That is enough carfentanil for approximately 50 million fatal doses. This is a very real problem.

Once again, I rise today in the House to help my colleagues who do not represent big cities gain a better understanding of the scope of the problem. I think it is important to talk about this. As I have already said, when our young people leave the regions and head to big cities, they can become vulnerable. They hope to find something better. They might be forced to deal with this situation and this reality and do not always have the tools to do so.

According to the website www.greenshield.ca, getting carfentanil and fentanyl onto the street is pretty easy. They are affordable and yet very powerful drugs. Apparently, they are so powerful that first responders now have to wear gloves and masks to avoid accidentally ingesting even the tiniest amount of the drug.

When we hear figures like the ones cited by my colleague, we cannot remain indifferent or pretend that this is not happening. We must take action on this, and Bill C-37 is a good start.

Earlier, I was talking about all the people affected by drug problems: drug users, parents, brothers, sisters, and so on. What resources are out there for them? In my riding, a group called Action toxicomanie serves the RCMs of Arthabaska, l'Érable, and Drummond.

I want to connect this to the marijuana legalization bill. Although not all marijuana users end up using hard drugs, the possibility clearly exists. We know that organized crime will not stop making money just because it will not be making money off marijuana anymore. Organized crime will not go away, and neither will marijuana. How will organized crime make its money? I hope it will not be making money from other drugs, which it has started doing with fentanyl and carfentanil. That is why we have to be so careful.

I want to talk about the work that community groups, such as Action toxicomanie in my riding, are doing in terms of prevention. Even before supervised injection sites become a factor, prevention is super important.

There are many things I would like to talk about, still. However, in closing, I would like to say that I support the amendments proposed by the Senate. I support the work of my colleague, the member for Oshawa, on the carfentanil issue and his efforts to ensure that people can be consulted and that users of supervised injection sites can have access to resources and pharmaceuticals to prevent the use of these drugs. In my opinion, this is crucial and it is the reason why I support the amendment by my colleague from Oshawa.

HealthOral Questions

May 15th, 2017 / 2:40 p.m.


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Markham—Stouffville Ontario

Liberal

Jane Philpott LiberalMinister of Health

Mr. Speaker, I would like to correct a fact that the hon. member stated. I think he may have misread his notes. In fact, British Columbia is on track to have 1,400 deaths in 2017. This is a significant increase over last year, and we continue to see this overdose crisis spread across the country.

I thank all members of this House for their urgent attention to this with the passage of Bill C-37, hopefully later today. We have put $100 million into the Canadian drugs and substances strategy in budget 2017, and $16 million in emergency funding for British Columbia and Alberta.

We will make sure that we put the resources behind this and that we act with the urgency it deserves.

Resuming DebateControlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 1:45 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalParliamentary Secretary to the Minister of Innovation

Mr. Speaker, I would like to thank each of the members of the House, the House Standing Committee on Health, the Senate, and the Senate Standing Committee on Legal and Constitutional Affairs for their work on Bill C-37.

I would also like to thank the minister as well as her current and previous parliamentary secretary for all the work they have done on this and the leadership they have shown.

The hon. members of the Senate have adopted some amendments to Bill C-37 around supervised consumption sites, particularly for supporting public consultation in the application process.

I welcome the opportunity to rise in the House today to speak to the amendments to Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts.

As all my colleagues know, there is currently a troubling number of overdoses and fatalities associated with opioids and other substances in Canada. Far too often, we hear about new and powerful drugs that end up in our communities and heartbreaking stories of families and communities that lose loved ones to an overdose.

To help address the challenges associated with problematic substance use in Canada, Bill C-37 proposes important legislative changes to support a new Canadian drugs and substances strategy, a comprehensive, collaborative, and compassionate strategy composed of four pillars, which are prevention, treatment, harm reduction, and enforcement, each one built on a strong foundation of evidence.

These proposed legislative changes will help provide public health officials and law enforcement organizations in Canada with the tools they need to help communities in addressing problematic substance use, including live-saving harm reduction initiatives to help those struggling with opioid use disorder.

Bill C-37 was drafted to offer a real solution to the communities dealing with this crisis by eliminating, among other things, unnecessary obstacles to opening supervised consumption sites.

Should it receive royal assent, Bill C-37 will streamline the application process for supervised consumption sites by replacing the current 26 criteria set out in the Controlled Drugs and Substances Act with the five factors set out by the Supreme Court of Canada in its 2011 decision regarding Insite. These factors are: one, impact on crime rates; two, local conditions indicating need; three, regulatory structure in place to support the facility; four, resources available to support its maintenance; and, five, expressions of community support or opposition.

Reducing the number of criteria will alleviate the administrative burden on communities wanting to open a supervised consumption site without compromising the health and safety of those using the site, their clients, and the neighbouring community.

I want to underscore our government's position on the importance of community consultation in the establishment of supervised consumption sites, while also reducing the barriers for communities to establish life-saving services for their citizens. Our government recognizes and respects that there is a balance between a community's need for adequate time and appropriate channels to provide valuable feedback and the need to minimize unnecessary delays in the administrative process for critical harm reduction services.

In Bill C-37, our government is proposing an authorization process that respects the Supreme Court of Canada's decision and criteria, including the requirement that the minister of health must consider expressions of community support or opposition when reviewing applications for supervised consumption sites.

The proposed approach will give the communities the assurance that their voice will be heard and that every application is subject to a thorough review.

While supervised consumption sites have been shown to be effective in reducing the harms of problematic substance use, the Minister of Health needs to make informed decisions on future applications, which could include collecting additional information and hearing directly from community members when necessary.

Our government is committed to the protection of public health and the maintenance of public safety. Health Canada will do the necessary verification so that any potential site operates in a responsible manner and ultimately meets its stated objectives of saving lives and reducing harms.

In the amended bill, the minister would continue to have the authority to post a notice of the application and invite public comments. Such a provision could be used in cases involving extenuating circumstances where the minister feels that further community consultation is warranted.

Our government supports the Senate amendment to establish a minimum public comment period of at least 45 days, which will offer the public time to provide its feedback on site applications when the minister chooses to post the public comment period. Bill C-37 retains the previous maximum consultation period of up to 90 days.

The communities have an important role to play in the successful launch of a supervised consumption site. They have to work together on meeting the challenges and determining whether such a program is appropriate for their neighbourhood.

The support of the community within which the sites are located is a key element in a supervised consumption site's ability to have a positive and meaningful impact. This requires constructive dialogue among community members to find common ground and address potential concerns.

At the same time, our government also recognizes that stigmatizing problematic substance abuse can negatively impact the rates of which harm reduction services, such as supervised consumption sites, are accessed by those who need them. Adding measures for supervised consumption sites that are not applied to other health services add to the stigmatization of the sites and those in need and unnecessarily impact access to these critical services.

In addition, the advisory committee could be composed of individuals who do not have adequate qualifications to warrant their oversight of a health care service. As such, our government does not support the second amendment adopted by the Senate.

Now more than ever, it is important to help communities open supervised consumption sites in order to help address the underlying issues of problematic substance use.

The proposed changes will help us ensure that community members have the opportunity to make comments on applications for proposed centres, that federal legislation does not contribute to further stigmatizing these centres relative to other health services, and that there are no obstacles or unjustified delays to opening these centres where they are wanted and needed.

Because the need for supervised consumption sites is urgent in helping to save lives, it is imperative that the process not be overly burdensome so as to unnecessarily delay the establishment of potential sites. While our government recognizes the benefits and supports the use of alternative pharmaceutical therapy, the decision to offer additional services to clients should be made by each site based on the needs of its community. It is for this reason that our government does not support the amendment as currently written. We respectfully propose that the word “may” be substituted for “shall”.

Health Canada would also support communities through the publication of a revised application form, available online, and simplified guidance to help site applicants through the process and clearly state what documentation is required to support the minister's consideration of the Supreme Court of Canada's factors. The application form would provide details on how to address these Supreme Court criteria. The criteria would be streamlined and modified to provide applicants with greater flexibility to consider their local context.

We cannot turn our backs on the preventable deaths occurring across the country. We must do our part, and that includes passing Bill C-37. I urge all members of the House to support our government's proposed legislative changes that would support communities rather than place unnecessary barriers in their path.

Resuming DebateControlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 1:10 p.m.


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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Mr. Speaker, I am pleased to participate in the debate on Bill C-37, legislation proposed by the Liberal government to help deal with the opioid crisis that is affecting too many communities across Canada.

I am not encouraged after hearing the minister's comments. She talked about 900 fatalities in British Columbia in the last year, 500 in Alberta, that 1,400 have died of overdoses. She said after quoting this that she sees no end in sight. That tells us the severity of what we are facing across Canada. However, it seems a little disappointing that the minister does not give a lot of answers to the problems that she sees. Bill C-37 does not contain enough answers. In fact, we believe there are some problems with Bill C-37.

Today, we are considering some amendments by my colleague, the official opposition health critic. It is my first entry into the debate on Bill C-37, although it is not the first time I have dealt with this. As a member of Parliament back in 2001-02, we had an opioid problem in the country. There was a committee struck, the Special Committee on the Non-Medical Use of Drugs. We travelled across Canada and to Germany, and I believe to France, Switzerland, and a number of other countries. We saw safe injections sites. At that time, they believed it was the answer to the opioid problem. They called them safe injection sites then, not supervised consumption sites. I guess the government feels that supervised consumption sites sells a little better.

I travelled with Randy White, a member of Parliament from Abbotsford. I think he would find it very disappointing that 16 years later we are still debating the same types of issues and have seen even greater problems since some of these safe injection sites have been incorporated into the landscape across our country.

I will take this opportunity to thank my colleague, the member for Oshawa, for all his hard work on the health file on behalf of his constituents and Canadians. As a doctor, he understands all aspects of the health file. For many years, we have benefited from his input, his comments, and knowledge. He has been on the committee for years as well. Today, he is asking the House, again, to consider the amendments to Bill C-37 that have been brought forward by the Senate of Canada. His amendment states:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“the amendments made by the Senate to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, be now read a second time and concurred in.”

The first amendment that the Senate brought forward ensures that there is a minimum consultation period of 45 days prior to the approval of an injection site.

The second amendment looks to establish a citizens advisory committee that is responsible for advising the approved injection site of any public concerns, including public health and safety issues. The amendment also looks to have the committee provide the minister with a yearly update on these matters.

The third amendment directs those working at the site to offer the person using the site some legal pharmaceutical therapy before that person consumes or injects illegal drugs.

It is disappointing that the minister is flatly refusing to accept the amendments from the Senate. I believe that many Canadians would feel that those amendments are fair, substantive, and reasonable. The Senate does not amend legislation from this House very often. The Senate takes very seriously any amendments that it would recommend to the House. Therefore, when senators do take the time to study and bring forward amendments, we should be paying attention to what they do. We should not discount it as quickly as the minister did.

The Senate tries to help the government and this House pass good legislation. It wants to help us ensure that the laws we pass accomplish what we want done. The Senate wants to help ensure that our legislation would not cause other harm, or place an unnecessary burden on Canadians.

There are many reasons for the Senate to return a bill to the House with amendments, and it is important that we accept suggestions and recommendations from the other place and agree to consider them seriously.

The first amendment asks for a minimum consultation period of 45 days prior to the approval of an injection site anywhere in Canada. The Senate knows that not all Canadians want injection sites in their local communities, or, as the minister calls them, supervised consumption sites. Anyone looking at community injection sites would understand why. Those who have been involved understand why. To discount the amendment out of hand is disappointing. The Senate is trying to inject a measure of democracy into Bill C-37 by providing communities with a chance to further consider proposals for injection sites. We hope that the Liberals will respect that.

The Liberals talk about inclusion, but we see the opposite. They talk about partnerships with other levels of government, but we see the opposite. Why will they not listen to Canadians? They promised to do politics differently. They said that under their rule, we would all live to our full potential as Canadians, whatever that means. They also promised to consult with Canadians. Now, when the Senate is suggesting that they consult with communities as to where a safe injection site is going to be put, they do not want to hear it. The Liberals do not want to hear from those communities or from those groups that would advocate for one site being a better place than another site.

The Liberals should learn to listen to the grassroots of communities and allow them to have their say. Under Bill C-37, communities should be encouraged to make comments, to offer suggestions, to consider proposals on where an injection site should be built, or if it should be built at all. That is what being community minded is all about. The government should not be afraid of local governments, citizens, community organizations, or anyone who has a differing opinion.

The first amendment wants to allow a local community, large or small, to have at least 45 days to study and prepare before the government opens an injection site. That is fair. The Senate believes it is reasonable, diplomatic, and democratic, but the Liberals say no. Far from delaying the approval of a new injection site, a courtesy to the community is about to be changed.

The second amendment wants to establish a citizens advisory group. Much like the first amendment in some respects, the Senate is trying to help the government with Bill C-37, and after great study on the subject, it felt that this amendment would do that. The Senate is recommending that a group be formed that will help communities deal with the challenges of establishing an injection site. That would be generous and very helpful.

Many Canadians do not know much about what happens at a safe injection site or a supervised consumption site. We want them to be aware of the opioid crisis that is facing Canada and what the Liberals see as solutions. Canadians only know the images that they see on the media, which depict the horrors, for example, of Vancouver's Downtown Eastside, what we used to call heroin districts and other things in the United States and Europe.

The constituents that I represent in Battle River do not want to become like the Eastside of Vancouver. In fact, I do not know of too many constituencies, rural or urban, that do. Being almost like a Bible belt in parts of Alberta, more time is probably spent praying for drug victims on those streets. They care very much. They feel badly when they see lives being ruined by the opioid crisis.

I believe the communities are there and want to help. We want to do the right thing. We want to address the crisis, even if it is in our own communities. As we can see from the statistics that the minister quoted of 900 deaths in B.C. last year and 500 in Alberta, it is in every community.

However, the Liberals are saying that we must do only what the Liberal politicians in Ottawa say we have to do, whether that is in Alberta or anywhere else, and by opposing amendment number two, the Liberals are denying Canadians the opportunity to be involved. The government does not want experts bringing their knowledge into communities and making recommendations and suggestions or amending anything. The Liberals are trying to dictate what every community in Canada must do when it comes to their supervised consumption sites. That is too bad, because wherever the opioid crisis raises its ugly head, in most communities, rural or urban, those communities would like to have some credible and knowledgeable assistance. Why do the Liberals not want that?

The government is saying that it knows what is best: one size will fit all. Imagine, as injections sites are brought into communities across Canada, that none of the lessons learned would be shared with those communities, none of the problems that have been dealt with successfully in certain communities would be available to other communities so that they would be able to benefit.

The Senate is simply trying to help the government with its bill. The Senate is trying to look out for communities, large and small, by having experts who know about the problems help communities grapple with them. That would be a good thing. We hope the government does not dig in its heels on these amendments. We hope that the minister is not just saying that we should do what she says because she knows best, but it seems that is what she is doing.

Canada has many different diverse communities. The operators of injection sites would appreciate being advised of community concerns and local health and safety issues. Not all injection sites would be able to operate the same way in every community.

There are many concerned citizens in every community in Canada. I have seen this in my own large geographical constituency. In every small town and village, there are folks who know very well how the local community operates, and we want to allow them to help. We do not want the Liberals to consider their efforts to be interference. We need everyone with knowledge and experience to work on the opioid crisis. We do not want to exclude the very people who can help us the most, the residents who know how things work in their communities. If the government proceeds with this program, every community could certainly benefit by having five to 10 volunteers within the immediate vicinity of the site at least consulted.

The third amendment that the Senate brought forward directs those working at the site to offer the person who is using this illegal drug some legal pharmaceutical therapy.

Much of the drugs that are being used are obtained illegally. In Senator White's speech in the other place, as a long-time police officer and city police chief, he talked about the day that an addict uses his drug as a day of crime, when he or she would go out and usually commit various crimes in order to raise enough funds to obtain the drug. If this plan is adopted, should we not give those people in those sites who would be using at least some counsel or therapy? Why would the government not listen to what the senators are calling for here? Is it not the most basic and simple thing to try to help those who are abusing opioids at the time they are actually going to use them? Is it not in the best interests of the addicts, and of our society, to help those individuals who are addicts to get off opioids? It sounds as though the Liberals are saying no.

The more people abuse themselves with harmful opioids, the more they will want to stop as their health declines. I have never met one who wants to keep going. They wish they could get out of the rut they are in. As their relationships with others disappear and their finances disappear, they are going to want help and they are crying for help. They will need to be rescued in order to save their lives.

They probably had a very difficult time getting drugs from some of these drug dealers. The drug abuse world is a violent, lawless world. Every time a drug abuse victim visits an injection site, we should be offering them an alternative. We should make saving that person's life a priority. Why would the Liberals not want that? It is unbelievable. It is almost as if the Liberals are trying to enable the continuing abuse of drugs by drug addicts. It is unfair. This is not the sunny ways the Prime Minister talked about. It is not helping everyone live to their full potential as Canadians, as the government said it wanted to do. What we see is mismanagement of the opioid crisis.

We should make it a criminal offence not to offer an alternative to someone who is so addicted to a drug that they need supervision when they inject that drug. Anyone in that position needs help. They may not accept the help being offered, but at least it should be offered to them. If everyone knows that the injection site is offering a way out, an alternative, then we have a better chance of saving lives.

I have heard some say that offering pharmaceutic therapy could erode the relationship between the drug abuser and the facilitator at the injection site. Really? Could offering a little counsel could lose the relationship between the two? I think the Liberals are off base on this.

The facilitator, as they call it, would be from the community. To the extent that the facilitator may not approve of the drug abuse, that facilitator would want to be ready to help if he or she is asked. I would say that is true in many parts, if not all parts, of Canadian communities, and I hope it would be true in our communities. That is the Canadian way. We are there to help. Is that not what the Prime Minister tells the world—that Canada is there to help? What part does he not get?

I see that my time is running short, so let me just say this: are there good things in Bill C-37? Not much, but we hope the Liberals will support the first amendment and include communities. We hope the Liberals realize communities need time to figure out how they will provide an injection site, and we hope the Liberals are willing to come up with something that could satisfy the third amendment.

There are other measures in Bill C-37. The bill gives the Canada Border Services Agency the authority to open international mail of any weight, should there be reasonable grounds. Perhaps this may sound like a good measure, but I think we had better be careful what we ask for here. In their hurry to find some solution, they may have eroded some of the rights of Canadians, and a lot will depend on the term “reasonable grounds”. Allowing searches of packages and shipping and so on will slow down commerce. Do we mean “reasonable grounds” that there are drugs in there? I think there are already reasonable grounds for every package, if they want to use that, but again, it may not be exactly what they want to accomplish.

If passed, Bill C-37 could add prohibitions and penalties that would apply to possession, production, sale, importation, or transport of anything intended to be used in the production of any controlled substance, including fentanyl. That is a good measure.

I brought forward a private member's bill that offered to allow the minister to allow Canadians access only to specific narcotics that have tamper-resistance or abuse-deterrent formulations. The technology is there now. This measure would only be used when a particular drug is being abused with deadly results of the kind we saw with fentanyl. Oxycontin is available now as OxyNEO, a tamper-proof pharmaceutical, but the government voted against it.

Today the minister said that this is just one measure that will fight the opioid crisis. It is funny, though, that when pharmaceutical companies and United States governments under Obama and other states started going down that road, this minister said it was not in our best interests.

We should improve Bill C-37 so that it helps Canadians deal with the opioid crisis. We should support the amendments that are being debated, and we should support the amendment of the member for Oshawa.

Resuming DebateControlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 1:05 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, this will be the second time only in six years as a parliamentarian that I have voted for time allocation. I voted for it also on Bill C-37.

The question here is urgent. I agree with the minister, although I would say that this may be the classic case of the perfect being the enemy of the good. When lives are at stake, I do not think we can take the time to argue over improvements that, frankly, I would want to see made too.

We know that on the street, fentanyl is being found in 80% of the street drugs that are otherwise not identifiable as fentanyl. Can the minister give us any update on what is being done on the ground while we get this bill through the House as fast as possible?

Resuming DebateControlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 1:05 p.m.


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Liberal

Jane Philpott Liberal Markham—Stouffville, ON

Mr. Speaker, I want to reiterate this, because I am not sure everyone has fully comprehended the severity of this crisis in British Columbia. Based on the number of deaths that have occurred in the first three months of this year, if trends continue there will be 1,400 deaths from overdose in British Columbia. This is a serious matter. We see no end in sight, and we have to make sure we use all measures within our jurisdiction to respond to it.

As the member says, of course it is important to respond to the community to make sure there is a demand for these sites, that there is a need for these sites, and that there is appropriate community consultation. I trust that the member is aware that those were among the five factors the Supreme Court gave us. It required, even within Bill C-37, that the Minister of Health take them into consideration in recognizing the need for a site. Clearly, that need has to be demonstrated, and the community must have the opportunity for input. It is at the discretion of the Minister of Health to determine whether further consultation is required.

We know there is a huge demand for this. I speak on a very regular basis with people in these communities who are desperate to have supervised consumption sites.

Community consultation includes consultation with the members of the community who are seeing their friends, family members, and young people dying. They need the opportunity for input too. These are the members of society I hope members of this House will take into consideration when they are considering this bill.

As it relates to the matter of having a citizen oversight body, no other health facility has a legislative requirement for that. We know that some health facilities like to have community oversight bodies, but having a legislative requirement, as I said in my remarks, would further stigmatize a population whose members are dying because of the stigmatization of their community. It is important that we not introduce any further barriers to making sure we save people's lives.

Resuming DebateControlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 1 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I agree that Bill C-37 has some very important initiatives to tackle this particular crisis, but I continue to be very concerned. As a former mayor and a former member of a local council, I know that anything we have tried to make sure was included that gave communities the ability to have a thoughtful process has been taken away, such as the initial removal of the need for council approval. In Kamloops, 100% of council agreed with it, but council members also had the right and the ability to say they wanted to move forward. That was stripped away.

We had a very thoughtful suggestion from the Senate that there be some advisory support. I think advisory support could do many things in terms of how cities deal with this issue, above and beyond the particular crisis. Again, that has been stripped away.

Why does the minister not trust local governments and local communities to have a part in the decision-making? It would appear that she does not trust them to be part of the solution.

Resuming DebateControlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 12:50 p.m.


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Markham—Stouffville Ontario

Liberal

Jane Philpott LiberalMinister of Health

Mr. Speaker, I am thankful for the wonderful opportunity to speak to the amendments adopted in the Senate relating to Bill C-37. This is an act, as we know, to amend the Controlled Drugs and Substances Act, and to make related amendments to other acts.

Before I begin, I thank my colleagues in the House and the Senate for their work on the bill to date, for reviewing this important legislation, and for recognizing the urgency of the issue. I particularly want to thank all my colleagues who supported getting the bill through the House as quickly as possible.

This bill, as proposed, will help our federal government and its partners to combat the existing opioid crisis and deal with the more general drug problem in Canada.

For that reason, I urge my colleagues to support the bill so it can be adopted without delay and to help protect the health and safety of Canadians and their communities.

It is clear that we are in the midst of a national public health crisis. Last year in British Columbia, more than 900 people died from illicit drug overdoses. If trends continue in 2017, we can expect 1,400 people in British Columbia to die this year as a result of overdoses.

However, British Columbia is not alone. In Alberta, close to 500 people died from overdoses in 2016.

We are also seeing signs that the opioid crisis is spreading to other parts of Canada.

For example, seizures of fentanyl have increased in almost every province over the last year.

Our government is responding. We are taking actions that are compassionate, collaborative, comprehensive, and evidence-based in our approach to drug policy. Our aim is to take a public health approach to addressing the opioid crisis and problematic substance use in general, while also ensuring law enforcement officials have the tools they require to keep communities safe.

That is why, last fall, the Minister of Public Safety and Emergency Preparedness and I announced the new Canadian drugs and substances strategy.

This new strategy replaces the previous approach by addressing problematic substance use as primarily a public health issue, restoring harm reduction as a key pillar of Canada's drug policy, alongside prevention, treatments, and enforcement, and supporting all those pillars from a strong evidence base.

Bill C-37 and the revised amendments our government proposed support this strategy by updating the law to focus on harm reduction measures.

Streamlining the application process for supervised consumption sites is central to this legislation.

Solid evidence shows that, when properly set up and maintained, supervised consumption sites save lives, and they do it without increasing drug use or crime in the neighbourhood.

To this end, Bill C-37 proposes to amend the current legislation in two ways. It will establish a streamlined application process that aligns with the five factors set out in the Supreme Court of Canada decision in 2011, in Canada vs. PHS Community Services Society. It will also improve the transparency by requiring decisions on supervised consumption site applications to be made public, including reasons for denying such an application.

We need to create an environment that encourages communities that want and need these sites to apply for them. I can assure the House that Bill C-37 and the revised amendments our government is proposing will ensure that communities that want and need these sites do not experience unreasonable delays in their efforts to save lives.

The first amendment specifies that should the Minister of Health choose to post a notice to seek further public input regarding an application, the public should have a minimum of 45 days to provide feedback.

Some members, and indeed members of the public as well, have questioned why we are accepting this Senate amendment. To be clear, the ministerial authority to post a public notice regarding an application for up to 90 days exists under the current legislation. Bill C-37, as introduced by our government, made that time period more flexible but retained the optional nature of the posting and the optional nature of an extra consultation. The only thing that would change with the Senate's amendment is that should a public notice for further consultation be posted, it must be posted for a minimum of 45 days.

Our government supports this amendment, as it would ensure that in the special cases where further community consultation was warranted, communities would receive a reasonable amount of time to provide comment on specific applications.

I will repeat that this consultation would not be required by legislation, and indeed, it would be the exception rather than the rule.

The second Senate amendment would give the Minister of Health the authority to establish citizen advisory committees for approved sites where deemed necessary.

Our government understands the intent of this amendment. It could be to bring together supervised consumption sites and community members. However, adding this oversight of supervised consumption sites, which is not used for any other health service as a legislated requirement, would further stigmatize their clients and potentially reduce the use of these critical facilities. As such, we respectfully disagree with this amendment.

The final amendment adopted by the Senate would require that clients of supervised consumption sites be offered an alternative pharmaceutical therapy before they consumed substances at the site. While the intention of this amendment may be to encourage the provision of evidence-based treatment options to people who use drugs, it is critical that the application process for supervised consumption sites not be hindered by additional federal requirements for immediate access to treatment services. This could impose an additional burden and make it more difficult to establish and operate supervised consumption sites.

As written, this amendment could result in charter challenges on the grounds that an individual's safety and security could be jeopardized if that person could no longer access the services offered at a supervised consumption site. It also represents significant jurisdictional issues, since it could be construed as regulating a health service or clinical practice.

In addition, repeated offers of pharmaceutical treatment could actually discourage people who are not yet ready to begin treatment from using supervised consumption sites. This would be counter to the aim of supporting communities that need these sites to save the lives of their community members.

For these reasons, our government proposes that we amend the wording to say “may” instead of ”shall” and remove subsection 2 of this amendment.

For all the reasons I just outlined, our government does not support the amendment to the motion moved by the member for Oshawa.

I also want to remind the House that this bill includes other important initiatives, because the opioid crisis is a complex problem that requires a comprehensive response.

The pathways to addiction are numerous, but they are connected through their origin in personal pain, whether that be mental or physical pain. These issues are all too often exacerbated by multiple social determinants of health, including poverty, homelessness, and lack of access to economic resources, making the reality of addiction and the path to recovery all the more difficult to navigate.

To add to this complexity, the drug environment in Canada has changed drastically in recent years. Strong drugs like fentanyl, carfentanil, and other analogs have made their way into Canada, and they are often being disguised as prescription drugs like Percocet or oxycodone, or they are mixed with other less potent street drugs, such as heroin or cocaine.

With that in mind, l would like to take this opportunity to specifically discuss the Senate amendments with respect to establishing supervised consumption sites.

This crisis is impacting high-risk, long-term drug users as well as recreational drug users who do not expect that the drug they are using could contain fentanyl. As we all know from the devastating local news reports across this country, the crisis is also affecting young people who are experimenting with drugs. That is why, in addition to important provisions regarding supervised consumption sites, Bill C-37 also includes proposals that would modernize the current legislative framework and create new law enforcement tools to confront the ongoing crisis.

For example, Bill C-37 proposes legislative measures to prohibit the unregistered import of pill presses to Canada. If passed, it would allow border officials to open international mail of any weight should they have reasonable grounds to suspect that the item may contain prohibited, controlled, or regulated goods. As well, it would grant the Minister of Health the necessary powers to quickly temporarily schedule and control a new and dangerous substance.

It is important to point out that Bill C-37 and the revised amendments our government is proposing are part of a suite of vital measures that our government has taken to combat the opioid crisis. For the benefit of the members, I think it is worth mentioning some of our government's other initiatives.

We have made naloxone available without prescription, and we have expedited the review of naloxone nasal spray to ensure that multiple formats are available to Canadians. We have granted exemptions to Insite and the Dr. Peter Centre to operate supervised consumption sites in Vancouver, and we have now issued exemptions for a total of three supervised consumption sites at fixed locations in Montreal and are expediting reviews for the approval of 18 additional sites in 10 cities: Montreal, Toronto, Vancouver, Surrey, Ottawa, Victoria, Edmonton, Calgary, Kelowna, and Kamloops.

Our government has also rescinded the prohibition on access to an important treatment option, prescription heroin, to treat more serious addictions.

We have finalized new regulations to control chemicals used to make fentanyl, making it harder to manufacture illegal substances in Canada, and we have supported the passage of the important Bill C-224, the Good Samaritan Drug Overdose Act, which I am pleased to say achieved royal assent on May 4. Finally, we are providing $100 million in federal funding to support the Canadian drugs and substances strategy, as well as an additional $10 million in emergency funding to British Columbia and $6 million in emergency funding to Alberta.

It is important that members understand that there is no single action that will end this opioid crisis immediately. There is no single law or policy that will do so. It requires comprehensive, urgent action. The adoption of the amendment our government is now proposing and making Bill C-37 law would be, however, a very important step forward in supporting a new approach to drug policy in Canada.

As proposed, this legislation would give our government and law enforcement agencies more effective tools to fight problematic substance use and provide more support to communities that are battling this crisis locally.

The amended legislation would also help our government work with partners to implement an evidence-based approach that is comprehensive and collaborative. Therefore, I encourage all members to support Bill C-37 and our approach to the Senate's amendment in order to protect Canadians and save lives. I thank my colleagues for their important work in this regard, and I thank you, Mr. Speaker, for the opportunity to discuss it.

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

May 15th, 2017 / 12:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, I would like to start by wishing you a very happy birthday. It is a fabulous day, and we wish you the best today and for many years to come.

I would like to inform the House that an agreement has been reached between a majority of the representatives of recognized parties under the provisions of Standing Order 78(2), with respect to the consideration of Senate amendments to Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts. Therefore, I move:

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 that one further sitting day shall be allotted to the consideration of the Senate Amendments stage of the said bill; and

That, fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the Senate Amendments to 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 stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

Controlled Drugs and Substances ActGovernment Orders

May 12th, 2017 / 10:25 a.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, today we are debating a motion put forward by the Minister of Health. The motion addresses the amendments proposed by the Senate in regard to Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts.

First, I want to stress that the opioid crisis continues to be an absolute tragedy. People across the country are still dying at an alarming rate, and there is no one solution to this. In fact, I think most Canadians would agree that there are many factors that have contributed to and continue to contribute to this serious issue.

When Bill C-37 was first introduced in the House, I made a point to let the minister know that my colleagues and I were very much in favour of the majority of the bill. I had the chance to take part in a health committee study that had taken place prior to the tabling of the bill which looked specifically at the opioid crisis in our country and what we were facing.

Taking part in the study allowed me to truly learn and empathize with struggling addicts, communities, first nations, health professionals, and families that have had to endure an opioid-related death. We learned that there were many factors that contributed to this crisis. While one cause of the crisis results from illegal substances and organized crime, many people are battling addiction because of the practice of over-prescribing of painkillers. Some of these causes have yet to be addressed, but I definitely think the right steps are being taken, at least for the most part.

I stated earlier that I was in favour of most of the bill, and that is because the minister recognized that tackling the production, distribution, importation, and consumption of deadly drugs needs to be made a priority. She listened to the advice of Conservatives on the health committee and in the Senate, and I commend her for that. I will not get into details about Bill C-37 as I have already had the opportunity to do so twice now, but I do think it is important to acknowledge and point to the bill's attempt to weaken public consultation in the approval of injection sites.

That is why, when I had the chance to review the Senate's amendments to Bill C-37, I was glad to put my support behind them. I will summarize the Senate's amendments.

The first amendment ensures that there is a minimum consultation period of 45 days prior to the approval of an injection site. The second amendment looks to establish a citizen advisory committee responsible for advising the approved injection site of any public concerns, including public health and safety. The amendment also looked to have the committee provide the minister with a yearly update on these matters. The third amendment directs those working at the site to offer the person using the site legal pharmaceutical therapy before that person consumes illegal drugs obtained illegally.

Unlike here in the House where the Liberals rammed the bill through with minimal debate, the Standing Senate Committee on Legal and Constitutional Affairs was able to hold five meetings and hear from 22 witnesses. That is in contrast to the health committee, which only scheduled one meeting on the bill, with only four witnesses appearing, and none of whom was the Minister of Health.

The Senate's amendments are well thought out and take into consideration communities and those battling addiction. I must admit that I was surprised to see the minister agree to the first amendment, as her colleagues voted against the same amendment brought forward by the Conservatives. I am happy that she made the right choice in ensuring that communities at least will have some chance to be involved, if only in a small way.

I do, however, want to acknowledge my disappointment with her rejection of a voluntary community committee. The minister's refusal to include community involvement in regard to injection sites goes against the majority of testimony we heard. Over and over again, witnesses at committee stated that injection sites would not be successful without community support. Community support goes beyond harm reduction advocates. It includes mothers, fathers, law enforcement, and of course the local government. The minister knows that by passing the Senate's amendment to establish a citizen advisory committee, it would demonstrate and respect the fact that not everyone wants an injection site in his or her backyard.

I want to talk about the reasons I support a community committee. By establishing a community committee, it would ensure that the injection site remains clean, and that it operates in a way that prioritizes the health and safety of Canadians. It would ensure that the minister of health, the individual who is responsible and who ultimately approves the site, remains in the loop about the community's concerns with regard to the site. It would ensure that he or she, along with the actual operators of the site, would be held accountable and to a high standard. That should be the goal. The health and safety of those battling addiction and the health and safety of all citizens should be a priority.

That is why I was shocked that the minister's motion looks to change the wording of the Senate amendment that would improve the bill. The third amendment seeks to offer pharmaceutical therapy as a substitution to an illegally obtained and possibly deadly poison. I realize that the minister's concerns lay in the fact that these sites may range in different services such as an injection site within a hospital to mobile injection sites, but what strikes me as odd is that we would discourage the use of a legal substitution for heroin such as methadone.

For those who may not know, methadone is a maintenance treatment which, according to the Centre for Addiction and Mental Health, CAMH, prevents opioid withdrawal and reduces or eliminates drug cravings. It is by offering substitutions that are legal and of pharmaceutical grade such as methadone that could lead a serious drug dependent individual to seek treatment and get the help he or she needs to get clean. Again, should that not be the goal?

The CAMH also states that an individual who is physically dependent on opioids such as heroin or fentanyl is kept free of withdrawal symptoms for 24 hours after a single dose of methadone. In contrast, a person who uses heroin or other short-acting opioids must use three or four times a day to avoid withdrawal. There is no argument here. By ensuring that users are offered legal substitution, crime rates will decrease and the likelihood of seeking detoxification treatment will go up.

I would like to read testimony from the Senate's hearing in which the minister was actually a witness.

I will quote Senator White:

I spent last Sunday night and Monday night in East Hastings with police officers and health officials walking up and down those streets and visiting some of the facilities. The biggest concern raised by community members who aren't addicts and by police officers and health officials is the use of illegal drugs.

I notice that we did see a regulatory change that will allow for the use of medical-grade heroin, but we did not see any regulatory changes that will allow for the medical use of other than medical-grade heroin.

My perspective and that of most people around supervised injection sites is that they move to the relationship between a doctor and an addict, not organized crime, a drug dealer and an addict who is committing crimes but an addict and the doctor which is where it is now. Will we see regulatory change that will allow for greater use of prescriptive pharmaceuticals rather than illegal and illicit poison? I don't want to call them drugs because they're not that.

At that time, the Minister of Health responded. She said:

Thank you for the question. It is a very good one. I encourage honourable senators to work with us in ensuring that access to all range of treatments and responses to this health problem are there. Some of this requires the decisions of provinces and territories as well as medical practitioners who obviously make decisions about what appropriate treatments are.

There is nothing in the bill and nothing in the law that would prevent provinces from expanding a treatment centre associated with a supervised consumption site to be able to allow these kind of treatments to which you are referring to work closely. I think it is an outstanding model and it's a model that we have to perhaps talk about a little more in public.

I know, senator, you are well aware of the work done in other countries. Switzerland is perhaps the best example of that. When people are determined to have opioids use disorder and/or have legal problems associated with their substance use disorder they are introduced to the possibility of being able to be prescribed medications. It certainly has been effective in decreasing crime rates in those areas, very dramatically decreasing overdose rates and treating this as a health issue.

That is what the minister said when she was a witness. Why the change? In Switzerland, they do in fact offer drug substitution as proposed in the Senate amendment, and as stated, it has led to a dramatic reduction of illegal drugs, has reduced crime rates, and has lowered overdose rates. This model has seen high levels of acceptance because rather than an addict illegally obtaining illegal drugs, the individual is able to get pharmacological help from a doctor with the goal of leading to seeking proper treatment. That is why this is so important.

This amendment would allow an individual to enter a site and be offered a legal drug by a medical practitioner as opposed to a dangerous and potentially deadly drug, a poison bought from a drug dealer. This, as I have stated, removes the potential of overdosing and eliminates criminal activity. If the Liberals really wanted to treat addiction as a health problem, they should be encouraging doctors and nurses to be at these sites administering alternatives that many addicts do not even know about.

We should not be encouraging irresponsible administering of illegal drugs that are manufactured and mixed in a drug dealer's basement lab. We know that they are being laced with fentanyl, carfentanil, and much more. We have an overdose crisis in this country. I will not object to the assertion that injection sites can temporarily save lives, as it is always better when an individual is revived, but we need to be looking at ways to prevent the overdose from happening in the first place.

I believe this amendment that would guarantee that the drug user is offered an alternative pharmaceutical therapy prior to putting something poisonous and potentially deadly into his or her body would do just that. That is why it is crucial that the Liberal government take initiative and ensure that injection sites do not become a place for people simply to get high. If injection sites are wanted in communities, they should be used to ensure that addicts are offered legal, safer alternatives to dangerous and illegal street drugs that have been obtained illegally from drug dealers, alternatives that would decrease overdose rates and decrease crime rates, which I believe should be the overall goal.

I realize that the minister has not flat-out rejected the amendment, but by changing the words “shall offer” to “may offer”, we would guarantee that the majority of users would not be offered a legal, safer alternative. We would not force diabetic Canadians who rely on insulin to commit a crime or numerous crimes to find an illegal insulin supply and to buy their treatment from drug dealers, would we?

Canadians expect their government, if it truly feels that addiction should be treated as a health problem, to provide safe treatment options and detoxification programs for those suffering from addiction. The Liberal plan, unfortunately, provides none of that. The response to this crisis has been horribly slow. We are still debating a bill that was tabled in December and communities are still seeing an increase in overdose deaths. Our country has seen no progress in increasing access to detox treatment, which is another issue that must be addressed but has failed to be addressed by the current Liberal government. We know that not all addicts are willing to go into treatment, which is why I believe that, with the certainty of many new injection sites opening up in the near future, we should at a bare minimum be ensuring that users have a choice between a poisonous street drug or a legal alternative.

In conclusion, this is how I view the situation. The motion put forth by the minister leaves out communities and eliminates the likelihood of reducing crime and overdose rates by offering legal substitution. The approval of an injection site will have a profound impact on any community. Perhaps some will be successful and some will not, but the individual approving the site, the minister of health, should be putting the health of Canadians first. He or she should be encouraging the use of pharmaceutical alternatives over illegally obtained street poison. He or she should be held accountable for the success or failure of approved sites, and not just be the individual responsible for rubber-stamping them. The minister has not even stated how she will measure that success. Will she keep statistics on how many addicts get referred to treatment and on how many are referred to detox programs?

This is why I would encourage all parties and members of this House to review very carefully the Senate amendments. They would not make the application process any more difficult and they would not slow down the approval process. All they would do is give citizens within a community that has an approved site a voice, and give those who are addicted to deadly drugs a safer alternative. In a caring country such as ours, should that not be what it is all about?

The Senate amendments were well thought out and put the health and safety of Canadians first. I challenge the Liberals to do the same. Therefore, I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following: “the amendments made by the Senate to Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, be now read a second time and concurred in.”

Controlled Drugs and Substances ActGovernment Orders

May 12th, 2017 / 10:20 a.m.


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Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Mr. Speaker, I thank the hon. NDP member for the question and the entire NDP party for its response to the opioid crisis and all its work in committee and in the House of Commons on Bill C-37. We know that this bill will save lives. It probably should have been introduced sooner, by the previous government perhaps, but so be it.

As far as the member's question on the amendment is concerned, it should be noted that this amendment requires a 45-day minimum consultation, if necessary. Not every request is subject to a 45-day minimum consultation. In cases where this is necessary, where there might be a need for community consultation, there would be a consultation period of no less than 45 days and no more than 90 days. In these cases, we think it is only right to give the public time to be heard.

As I said in my speech, this will only happen if there is a need for such consultation. It will be determined on a case-by-case basis.

Controlled Drugs and Substances ActGovernment Orders

May 12th, 2017 / 10:15 a.m.


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Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Mr. Speaker, as the member pointed out when he talked about how we got here, one of the reasons we got to Bill C-37 is that initially, the Conservatives' Bill C-2 established 26 criteria, which were very burdensome for communities that need and want safe consumption sites, which science demonstrates save lives.

Our idea was to come back to the five criteria established by the Supreme Court and to get closer to those criteria so we could move more swiftly, because we know that every single day Canadians are dying from opioid use in this country. We need to take swift action and act decisively, with respect for the communities where they would be established. We need to make sure that where they are needed and wanted, these safe consumption sites are established.

Controlled Drugs and Substances ActGovernment Orders

May 12th, 2017 / 10:05 a.m.


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Louis-Hébert Québec

Liberal

Joël Lightbound LiberalParliamentary Secretary to the Minister of Health

Mr. Speaker, I am very pleased to rise in the House of Commons today to speak in support of Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts and to discuss the amendments adopted by the Senate. This is an important bill, as all members know, a bill that will save lives.

First, I would like to thank the Senate, the House of Commons Standing Committee on Health, and the Standing Senate Committee on Legal and Constitutional Affairs for their swift but thorough consideration of Bill C-37.

It is clear from the discussions and debates that have taken place that, while we may not always agree on a way forward, we all understand the urgency of the situation and share the same goal of saving lives and reducing the growing number of opioid overdoses.

The Senate has adopted three amendments to Bill C-37, all of which deal with the proposed application process and requirements to obtain an exemption under the Controlled Drugs and Substances Act for a supervised consumption site.

The first amendment adopted by the Senate modifies the ministerial authority to post a public notice and solicit input concerning a specific application.

The version of Bill C-37 adopted by the House of Commons proposed allowing the minister to determine an appropriate length of time for public comment, up to a maximum of 90 days. The amendment adopted in the Senate requires that any consultation must be a minimum of 45 days, and retains the previous maximum of 90 days. Our government supports this amendment.

I understand that there have been some questions from public health stakeholders on whether setting a minimum consultation period could delay applications. I want to reiterate that this consultation period is not required, but rather that a public notice can be posted, if there is a need. Such an authority would likely be used if there were concerns that community consultations were not sufficient. Further input would be helpful in making a decision in such instances, ensuring a reasonable amount of time is provided to the public to comment on a specific application. We think it makes sense. Therefore, we support this amendment.

The second amendment adopted by the Senate specifies that the Minister of Health may establish citizen advisory committees for approved supervised consumption sites where it is deemed appropriate.

While such committees could be seen as a way to maintain an open and ongoing dialogue with the surrounding community, it also represents a level of citizen oversight and influence that is not in place for any other health care service. We know that people who use drugs already face discrimination and stigmatization that can prevent them from accessing the services they need to stay alive. By including a process that could further add to the stigmatization faced by people who use drugs, this amendment runs against the intent and the spirit of Bill C-37. For this reason, our government respectfully disagrees with the second amendment.

Finally, the last amendment adopted by the Senate would require staff who supervise the consumption of substances at a site to offer clients access to an alternative pharmaceutical therapy before they consume illegal drugs at a supervised consumption site.

I would like to explain some of the concerns that our government has with this amendment as it is currently written. I want to make it very clear that our government is entirely supportive of providing immediate access to evidence-based treatment options for people living with addictions who are ready and willing to enter treatment. This would be the ideal situation. However, the situation in practice at a supervised consumption site is far more complex than simply writing the words into legislation. There are a number of factors that must be considered.

First, as I have already mentioned, people who use drugs already face significant barriers in accessing the health and social services they need, often due to stigmatization and discrimination. Supervised consumption sites are meant to be low-threshold, easily-accessible services. The more requirements or rules that are added to the process for accessing supervised consumption sites, the less accessible this service becomes to the vulnerable population it is meant to serve. Further, if this amendment is included in the legislation, I want to make it clear that none of the supervised consumption sites operating in Canada, nor most of the 18 applications that are currently before Health Canada for consideration, would meet the legislated criteria for operation. If the single word “shall” is kept in the amendment, additional requirements and burdens are automatically imposed upon supervised consumption sites and those who operate them.

This would make it more difficult to establish new supervised consumption sites in communities where they are wanted and needed. As such, requiring staff to offer immediate access to treatment could cause significant delays in the opening of any new supervised consumption sites. The purpose of Bill C-37 is to reduce burden and streamline the application process so that communities can open supervised consumption sites as part of a comprehensive plan to reduce harms associated with illegal drug use, including deaths. Given the current opioid crisis, these considerations raise major concerns for our government.

Finally, except in certain specific circumstances, regulating health care services is generally the responsibility of the provinces and territories. Our government has taken concrete action to pave a path forward towards improving treatment, for example, by removing barriers at the federal level and undertaking knowledge-exchange activities to improve awareness of the options available in Canada. However, at the end of the day, the provinces must make health care decisions based on the needs of their citizens. There are also costs associated with offering access to immediate treatment. This is something that would have to be considered by the provinces and weighted against their other health priorities.

The fact is that Canadians are dying every single day, and communities are urging us to set up supervised consumption sites to stop the overdoses and the deaths. I do not want the federal government to be what stands in the way of communities saving lives here and now. Improving access to treatment is a goal that our government will continue to support. I can assure the House that our government will continue to support future supervised consumption sites in developing a strong link with treatment services. We will encourage all potential sites to work closely with their respective provincial governments to make this happen. However, for the reasons I have just outlined, our government submits that the word “shall” in this provision must be changed to the word “may”.

By now, everyone in this room is well aware of the critical and urgent nature of the opioid crisis that has been devastating communities across the country. The rising mortality rates and drug overdoses are deeply concerning. These are real communities where real people are dying, communities where front-line workers are exhausted, and friends and families are losing loved ones. We are facing a public health crisis, and we need to work together to stop it from claiming more lives. In order to do so, our actions must be collective, comprehensive, and aimed directly at protecting the health and safety of our communities. This is a complex issue that requires a comprehensive approach.

The Minister of Health has been clear that Canada’s drug policy must be comprehensive, compassionate, collaborative, and evidence-based, and use a public health approach when considering and addressing drug issues.

To that end, on December 12, 2016, the Minister of Health announced an updated drug strategy for Canada. The Canadian drugs and substances strategy would replace the current national anti-drug strategy. This strategy formally restores harm reduction as a core pillar of Canada's drug policy, alongside prevention, treatment, and enforcement. All pillars are supported by a strong evidence base. The minister further supported this approach when she introduced Bill C-37, a bill that proposes many important legislative changes to address the opioid crisis. Problematic opioid use involves an intricate web of intersecting issues that must be addressed simultaneously, using different tactics.

Today I would like to underline the importance of continuing to move quickly through the legislative process.

First, the proposed changes contained in the bill would provide the law enforcement community with the tools needed to better address the supply of illicit opioids and other drugs in Canada and to reduce the risk of the diversion of controlled substances. The sharp rise in opioid-related overdoses and deaths has been intensified by an increase in illicit fentanyl coming into Canada. Bill C-37 would ensure that law enforcement is better equipped to keep deadly drugs like illicit fentanyl out of our communities, in a number of ways, such as making it a crime to possess or transport anything intended to be used to produce or traffic a controlled substance, allowing temporary scheduling of new psychoactive substances, and supporting faster and safer disposal of seized chemicals and other dangerous substances.

It is critical that we support members of the law enforcement community who work on the front lines of the opioid crisis. It is critical that this bill be passed quickly so we can prevent illicit opioids and other drugs from reaching our communities.

Our government is also committed to working with its partners to help reduce the harm to citizens and communities associated with problematic substance use. Evidence has shown that supervised consumption sites, when properly established and maintained, have the potential to save lives and improve health without increasing drug use and crime in the surrounding area. Bill C-37 proposes to support communities seeking to operate supervised consumption sites by streamlining the application process, as well as the renewal process for existing sites, to align with the five factors set out by the Supreme Court of Canada, without compromising the health and safety of the surrounding community.

A key component of this legislation involves ensuring that the voices of communities are heard by being more flexible and supporting the ability to tailor consultations to each community as appropriate. This improved approach preserves the requirements for community engagement. Each application would be subject to a comprehensive review, without delaying the implementation of these life-saving sites in the communities that need them the most.

We all have an important role to play in overcoming this crisis. We must support the efforts of all community members, from the volunteers, civil society organizations, health professionals, legal professionals, and of course law enforcement groups, if we are going to tackle this crisis.

The legislative changes proposed in Bill C-37 demonstrate our government's concrete support for communities grappling with this crisis by increasing law enforcement's ability to respond to the evolution of the illicit drug market and to take early action against suspected drug production operations. Furthermore, the changes proposed in the bill to remove unnecessary barriers to establishing supervised consumption sites and to emphasize community engagement would support communities by ensuring that these sites ultimately met the objectives of saving lives and reducing harm.

Our government will continue to work collaboratively with communities, provinces, territories, and key stakeholders through a comprehensive approach to drug policy.

I want to thank every one of you for your work on Bill C-37 and for your commitment to this urgent matter. We cannot turn our backs on the communities being affected by this crisis across the country.

I urge all members of the House to move forward with the proposed legislative changes, which would support communities, and ultimately, save lives.

Business of the HouseOral Questions

May 11th, 2017 / 3:10 p.m.


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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, this afternoon we will continue with the debate on the NDP opposition motion. Tomorrow morning the House will begin consideration of Senate amendments to Bill C-37, the opioids legislation. Following question period, we will proceed to Bill C-7, the RCMP labour bill.

On Monday and Tuesday next week, we will return to debate on the bills just listed. On Wednesday we will resume debate on Bill C-4, respecting unions. In the evening, the House will consider the estimates for the Department of Foreign Affairs, Trade and Development in committee of the whole.

Next Thursday, May 18, shall be an allocated day.

Controlled Drugs and Substances ActPrivate Members' Business

May 8th, 2017 / noon


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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, the opioid crisis in Canada is something that the government has recognized. The Minister of Health has done a phenomenal job working with the many stakeholders, particularly the Province of British Columbia, not only recognizing the problem but taking actions that will ultimately assist in resolving the problem the best way we can.

The member and others are aware of Bill C-37, a bill introduced by the Minister of Health, which addresses the opioid crisis. However, that is not all this government has done. The government has also provided an additional $65 million over five years for national measures to respond to the opioid crisis and implemented an opioid action plan. In addition, the government has provided $10 million in urgent support for British Columbia, to assist with its response to the overwhelming effects of the emergency in that province. We recognize that this issue goes well beyond the province of British Columbia. The government is seized with the issue and will continue to move forward.

With respect to the issues the member has brought forward in this legislation, the parliamentary secretary said it best, that measures are already in place in Canada. Quite often, the courts will exceed the three years.

Controlled Drugs and Substances ActPrivate Members' Business

May 8th, 2017 / 11:40 a.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I am very pleased stand to congratulate my colleague from Markham—Unionville on this very important private member's bill, Bill C-338.

As we know, the opioid crisis is impacting communities and families across Canada. My home of British Columbia has been on the coalface, where the addictive use of drugs is now playing Russian roulette. Users never know when they have something in a drug that will kill them.

It does take a multi-pronged approach to tackle this issue. It is a public health emergency, and we continue to ask the Liberal government to recognize it as such. However, it is also important to realize it is a criminal justice issue. This has not been spoken to very well in all the conversations I have heard about this issue.

I will talk a little about how the bill would provide a very important tool, but it is important to first talk about the scope of not just the problem, but the tragedy. We need to also talk about what has been done to date and, more important, what still needs to be done to deal with this issue.

As many are aware, the recent epidemic is characterized by an increasing number of deaths with elicit fentanyl, an opioid substance. Fentanyl was detected back in 2012, when it was in 5% of elicit drugs. By 2016, it was as high as 60%. Fentanyl, carfentanyl, and other drugs are cheap. They are easy to synthesize, and readily available, with a significant volume coming into the country from China. It is being cut into street drugs, with lethal effects.

Carfentanyl, which is a tranquillizer used for elephants, was confirmed on the streets last fall. It is 100 times more potent than fentanyl, 4,000 times more potent than heroin, and 10,000 times more potent than morphine. If anyone has ever had an accident or injury where he or she has received a dose of morphine in the hospital, carfentanyl is 10,000 times more potent. It is coming in by mail order from China. A Calgary man was arrested in September with one kilogram, which could have killed 50 million people.

In B.C. alone, four people have died every day in 2017. It is not any better from 2016. We are on track to go from 900 and some to 1,300 deaths. In one week alone in Vancouver recently, there were 15 deaths. Again, we are averaging four deaths per day. This is just British Columbia, but it is happening across the country.

The people who are dying have many profiles. They might have struggled with addiction for many years or it might just be a young teenager at a party who, for the first time, makes a very bad decision. A recent Facebook post traumatically affected many. A brave mother from Calgary, Sherri Kent, posted a picture of her in a hospital bed with her son Michael just before he died. He was in the intensive care unit, connected to many tubes. There was absolute anguish on her face as she was saying goodbye to him. He had made such a terrible mistake. She did that to raise awareness throughout Canada.

There has been some action to date. Certainly, British Columbia is taking a good lead. Our colleague from Coquitlam—Port Coquitlam introduced the good Samaritan Act, which was recently proclaimed. That was a good step. There is better availability of naloxone, which is used to treat an overdose, although we now hear these drugs have become so potent that people do not respond to it the way they used to.

Bill C-37, which the government put into place, had some good measures in it. However, I continue to have concerns that it moved away from community consultation on safe injection sites. That is an important gap and it is still missing, especially as we now know many of the people who are dying would never use a safe injection site. Although this measure has value in some communities, to take away the ability for community input or to require community input was a bad step.

The banning of the pill presses or importation of designated devices was a good step, as well as some additions to the schedules of substances when there was a reasonable grounds to represent risk.

Most important was the additional power for Canada Border Services to inspect and search packages. We heard that with 30 grams, service agents did not have to inspect. That is absolutely critical because this is coming into the country in an envelope. That is a good measure.

What has been missing in our struggle against this crisis? The federal government. Although the provincial government in British Columbia has asked, the federal government continues to decline in declaring this a state of emergency. The Public Health Agency of Canada should be playing a role in this. There is no good education and awareness campaign. We need the federal government to take on a comprehensive education and awareness campaign.

The next area that has had inadequate services and support is detox and recovery. That is primarily provincial. I know many examples of people who are desperate to get off drugs and turn their lives around. They have found that they do not have any opportunities in the support they need to detox.

We have not talked about the criminals, and my colleague is doing that. These people are knowingly importing and selling drugs on the street, which do kill people. This bill would specifically target gangs and other criminal organizations by introducing tougher sentences for drug traffickers who would exploit the addictions of others for personal profit. Those who import and export these drugs should be brought to justice and should encounter increased mandatory minimums.

I listened to my Liberal colleague. All of a sudden the Liberals have this huge obsession that mandatory minimums are not good. However, mandatory minimums have been around almost as long as the Criminal Code. Probably half of the mandatory minimums were put in place by Liberal governments. For the Liberals to argue that mandatory minimums are always bad and that there are all these issues with mandatory minimums is absolutely ridiculous. They have put many of them in place.

The argument is that mandatory minimums are bad and they do not help. Getting criminals off the street, even if it is for two years, is two years when they are not out there putting fentanyl in drugs that are killing children.

The other thing the Liberals need to be held accountable for is that this is a mandatory minimum of somewhere between two years and life. This is not fettering the discretion of judges. It is saying that parliamentarians believe judges cannot go below two years, that there are no circumstances, ever, where less than two years is an appropriate sentence for someone who is potentially killing our children.

It should be attempted murder. It could go as high as the maximum, jail for life, but, as parliamentarians, we are saying that for those who put fentanyl into drugs and sell them on the streets or bring them in with that purpose should go to jail for two years, at the absolute minimum. For the Liberals and the NDP to say that is not okay is absolutely appalling to me. They need to say that to the mothers and fathers, the families that have lost their children, that they do not think it will help and that they do not want to have a baseline of two years for these people to go to jail.

This is a reasonable bill. Canadians and Parliament have been saying forever that there is baseline for what is acceptable. For people importing drugs, lacing drugs, and selling those drugs on the streets, doing it knowing people can be killed, two years in jail as a mandatory minimum is simply not even enough. The fact that the Liberals and the NDP will not support the bill is absolutely shameful.

Controlled Drugs and Substances ActPrivate Members' Business

May 8th, 2017 / 11:30 a.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I am pleased to rise today to add my thoughts and voice on Bill C-338. I would like to thank the member for Markham—Unionville for this bill. I know that his intentions are good with respect to this bill and that he, like all members in this House, is concerned about the rash of overdose deaths that are spiking across the country, especially from fentanyl.

Unfortunately, the bill before us does nothing to address the phenomenon of drug use and sees fit only to increase the punishment, through mandatary minimums, for those who are engaged in the import and export of certain substances listed under the Controlled Drugs and Substances Act.

Bill C-338 would amend subsection 6(3) of the Controlled Drugs and Substances Act to punish those who import schedule I or schedule II substances. Schedule I substances include opium, codeine, morphine, cocaine, fentanyl, and of course, the deadly carfentanil, while schedule II is known mainly for cannabis and its derivatives.

Specifically, under paragraph 6(3)(a), the bill would make an amendment so that there would be an increase from a minimum punishment of one year to two years' imprisonment for not more than a kilogram of a schedule I substance or for any amount of a schedule II substance. Under paragraph 6(3)(a.1), the bill would make an amendment so that the minimum punishment was increased from two years' to three years' imprisonment for importing and exporting a schedule I substance that is more than a kilogram.

Increasing mandatory punishments is a favourite legislative pastime of the Conservative party, and this was especially true under the previous Harper government.

The opioid crisis Canada is experiencing is a national emergency that had its origins in my home province of British Columbia. It is a complex phenomenon, a problem the Conservative legacy of supposed tough-on-crime legislation has been ineffective in stemming.

The Supreme Court of Canada has been particularly critical of some of the mandatory minimums, from the previous government, it has struck down. In April 2015, the Supreme Court dealt the Harper government's tough-on-crime agenda a serious blow by striking down a law requiring mandatory minimum sentences for crimes involving prohibited guns. The six-three ruling, penned by the chief justice, took aim at the government's keeping-Canadians-safe justification for tough sentencing laws. In her ruling, she said,

The government has not established that mandatory minimum terms of imprisonment act as a deterrent against gun-related crimes.... Empirical evidence suggests that mandatory minimum sentences do not, in fact, deter crimes....

In April 2016, the court ruled six-three that a mandatory minimum sentence of one year in prison for a drug offence violates the Charter of Rights and Freedoms. The court ruled that the sentence cast too wide a net over a wide range of potential conduct and stated in its ruling:

If Parliament hopes to maintain mandatory minimum sentences for offences that cast a wide net, it should consider narrowing their reach so that they only catch offenders that merit that mandatory minimum sentences. In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment.

Bill C-338 stems from a belief that we can arrest and incarcerate our way out of the problem of drugs in our society. However, if we look at the facts, they show otherwise. Police-reported drug offences in 2014, after the Conservative tough-on-crime legislation from the year before, showed that meth possession went up 38%, heroin possession went up 34%, MDMA possession increased by 28%, meth trafficking went up by 17%, and heroin trafficking went up by 12%. It is clear that the Conservative agenda on mandatory minimums for drug crimes has not decreased drug use across the country, and it is evident that we need effective solutions now.

The Conservatives recently copied the NDP's call to declare the opioid overdose crisis a national health emergency, yet the Conservatives blocked our attempt to move Bill C-37 swiftly through the House in December, which would have saved lives faster.

If we look at some of the main points in Bill C-37, it would simplify the process of applying for an exemption that would allow for supervised consumption, which has been shown to help people take care of their issues. It would prohibit the importation of designated devices, which are used in manufacturing drugs. It would have expanded “the offence of possession, production, sale, or importation of anything knowing that it would be used to produce or traffic in methamphetamine”. These were clear-cut solutions to a problem our province has been long suffering through and that is now making its way across Canada.

I would like to read some quotes from validators of our position.

Dr. Virani, who is a medical director at Metro City Medical Clinic, in Edmonton, said:

I have yet to meet a police officer who has said they can arrest their way out of this problem, and I have yet to meet a judge who's said that he can incarcerate his way out of the problem, and I certainly hope that health isn't thinking [they can] ignore-and-wait their way out of this problem, because it is clear it is getting worse and worse.

British Columbia's provincial health officer, Dr. Perry Kendall, said:

Simply prohibiting and increasing penalties without resources to support and educate haven't been terribly effective. [But] you need to do a number of things to limit the supply of drugs on the street.

I am disappointed and frustrated that the Liberals' promise of a review of mandatory minimums is not complete. It was last year that the Supreme Court handed down its decision on the Jordan case, which was in response to decades of inadequate resources for our justice system from successive federal and provincial governments. We now have a situation where serious criminal charges are either being stayed or withdrawn.

While I appreciate that the Minister of Justice has recently met with her provincial counterparts, I sincerely hope that the review of mandatory minimums is completed soon and in a comprehensive way so that we do not have a continued piecemeal approach to justice legislation created by private members' bills, like the one before us today.

Canada is currently experiencing an unprecedented opioid overdose crisis. Illicit drug overdoses claimed the lives of 914 people in B.C. alone in 2016, making it the deadliest overdose year on record and representing an increase of nearly 80% from the year before.

A significant spike in drug-related overdoses in 2016 prompted B.C.'s provincial health officer, Dr. Perry Kendall, to declare a public health emergency for the first time in the province's history.

Under the Harper government's anti-drug strategy, $190 million was budgeted for treatment alone in the first five years of the strategy, from 2007 to 2012, but only $77.9 million was actually spent. The total treatment budget for the next five years of the strategy was cut to $150 million. However, this represents $40 million more than the Liberal budget has allocated for its entire Canadian drugs and substances strategy. How much longer do we have to wait for the current government?

I will now move on to my conclusion. We need real measures that deal with the problem of drugs, rather than tying judges' hands in sentencing laws in order to appear tough. A sentencing judge should retain the discretion to sentence within the limits set by Parliament. Judges must be able to weigh all the evidence and decide on a fair sentence that fits the crime. Mandatory minimums take away judges' ability to do just that.

I sincerely fail to see how increasing jail time by a year for those who import or export schedule I or schedule II substances is in any way going to contribute to a meaningful reduction in drug use in our country. It is for that reason I will be voting against Bill C-338.

We need the federal government to take leadership on the opioid crisis now. Mayors and premiers have been asking for help dealing with drug overdoses. It is time that we all work together to bring forth effective policies to tackle this national crisis.

Controlled Drugs and Substances ActPrivate Members' Business

May 8th, 2017 / 11:25 a.m.


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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I am pleased to have the opportunity to discuss this morning, Bill C-338, an act to amend the Controlled Drugs and Substances Act, which proposes to increase mandatory minimum penalties and imprisonment for the importation and exportation of certain drugs.

The objective of Bill C-338 is to target the importation and exportation of powerful opiates such as fentanyl in Canadian communities, an objective that everyone in the House would agree is laudable. The bill proposes to denounce the importation and exportation of these lethal drugs by increasing the mandatory minimum penalty from one to two years where the quantity of these drugs is less than one kilogram and certain aggravating factors are present. In other cases, the mandatory minimum penalty would be increased from two to three years. The bill also proposes to increase the mandatory minimum penalty from one to two years for the importation or exportation of any amount of a schedule II drug, namely cannabis.

As has been already articulated in the House this morning, we find ourselves in the midst of a national health crisis, and this has put the spotlight on the importance of comprehensive and evidence-based Canadian drug policies.

Canadian communities are feeling the devastating impact from the growing number of opioid-related deaths and overdoses. Canadians deserve nothing less than concerted government action that would have an immediate impact on addressing the influx of opioids in our communities. The policies put in place to respond to this crisis must be informed by performance measurement standards and evidence. These policies must have an immediate impact on reducing the number of these tragic deaths.

This is why I am happy to see that the Government of Canada has instituted a modernized Canadian drugs and substances strategy. The Canadian drugs and substances strategy is focused on prevention, treatment, and enforcement, but it also reinstates harm reduction as a core pillar of Canada's drug policy. The CDSS champions a comprehensive, collaborative, compassionate, and evidence-based approach to drug policy.

In furtherance of 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 to other acts, to address the serious and pressing public health issues related to opioids. This legislative response is one important part of the government's comprehensive approach to drug policy in Canada.

Bill C-37 proposes, first, to simplify and streamline the application process for supervised consumption sites; second, to clamp down on illegal pill presses; and, third, to extend the authority of border officers to inspect suspicious small packages coming into Canada. In relation to the last point, extending the Canada Border Services Agency's inspection powers is important, because one standard-size envelope can contain 30 grams of fentanyl, potent enough to cause 15,000 overdoses. These numbers increase exponentially where the substance in question is carfentanil.

In addition, the government has invested over $65 million over five years to support the new CDSS and implement its five-point opioid action plan. This amount is in addition to the $10 million in emergency support that the federal government has provided to the Province of British Columbia to assist in its response to overwhelming numbers of overdose and opioid-related deaths in that province. The five-point opioid action plan is focused on increasing public awareness, supporting better prescribing practices, reducing access to opioids in appropriate cases, supporting better treatment options for patients, and improving Canada's data collection and evidence base to inform more effective drug policies in the future.

That is not all that the government of Canada is doing. Canada is also working closely in collaboration with our international partners, such as the United States and China, to address this crisis. Senior law enforcement and border officials are already working together on a regular basis to curb the flow of illegal opioids across international borders, and I will cite an example. The Royal Canadian Mounted Police has reached an agreement with China's Ministry of Public Security to enhance operational collaboration, identify key areas of concern, and work towards a more coordinated approach to combat fentanyl trafficking originating from China. Such partnerships are a testament to the reality that this epidemic is a very serious international problem which will require international co-operation to fix. Addressing the roots of the opioid crisis demands a whole-of-society response.

This brings us to Bill C-338. Although its stated objective is both timely and I am certain well intentioned, the proposed increase to mandatory minimum penalties is neither likely to contribute to deterring offenders from importing and exporting powerful opiates, nor to have any impact on addressing opioid-related deaths across Canada.

I am not aware of any evidence suggesting that increased mandatory minimum penalties would be effective in reducing the importation or exportation of these lethal drugs, including opiates, into Canada.

Although deterrence is a frequently cited argument of supporters of mandatory minimum penalties, my understanding is that the vast majority of the research in this area shows that these mandatory minimum penalties are ineffective in deterring crime. In fact, the likelihood of being caught represents the far greater deterrent.

In addition to the fact that increasing mandatory minimum penalties would not likely have a meaningful impact on lowering the number of opioid-related deaths in Canada, Bill C-338's proposal to increase mandatory minimum penalties would have a number of adverse effects on the proper administration of the criminal justice system, all of which have been well documented here in Canada and abroad. I am aware of several studies that suggest that mandatory minimum penalties actually lead to far fewer guilty pleas, increased litigation, and an increase in the time required to complete cases.

Given the Supreme Court of Canada's recent decision in Regina v. Jordan, we must be mindful of policies that contribute to excessive delays, which plague our criminal justice system. In fact, last month, when federal, provincial, and territorial ministers responsible for justice met to discuss priority responses to further reduce delays in the criminal justice system, they unanimously identified mandatory minimum penalties as one area of legislative reform that could help in improving court delays. International research also reveals that the use of mandatory minimum penalties to combat the war on drugs in the United States has resulted in far higher costs associated with the dramatic increase in litigation and the use of imprisonment.

I am also concerned about the charter risks associated with increasing mandatory minimum penalties. I am aware of two recent Supreme Court of Canada decisions that clearly state that mandatory minimum penalties that apply to offences that can be committed in various ways under a broad array of circumstances and by a wide range of people are constitutionally vulnerable. Based on these rulings, I am concerned that the mandatory minimum penalties proposed in this bill are vulnerable, because they could apply to offenders who have committed a crime for which the proposed mandatory minimum penalty would be unjust.

Bill C-338's increased mandatory minimum penalties are not necessary to signal to Canadian judges that these offences should be treated seriously. Canadian judges, in appropriate cases, already exercise their discretion to impose significantly higher sentences in excess of the proposed mandatory minimum penalties. For example, in Regina v. Cunningham, the Court of Appeal for Ontario confirmed that the appropriate sentencing range for first-offender drug couriers who smuggle large quantities of cocaine should be in the range of six to eight years' imprisonment. In that decision, the court, mindful that many drug couriers are easy prey for commercial drug traffickers, noted that such concerns must give way to the need to protect society from the untold grief and misery occasioned by the illicit use of hard drugs. In fact, it increased a three-year sentence imposed to five years' imprisonment and stated clearly that it is the responsibility of the courts to warn would-be couriers, in no uncertain terms, that they will pay a heavy price for choosing to import large quantities of hard drugs for quick, personal gain.

More recently, the British Columbia Court of Appeal, in Regina v. Smith, noted that given the development of a public health crisis surrounding opioids, a higher sentencing range was appropriate for certain trafficking offences under the Controlled Drugs and Substances Act.

I am confident that the courts will impose just sentences based on the facts before them. On the whole, I believe that the approach advanced by the government is the right one. Changes to increase mandatory minimum penalties may seem on their face attractive, but they simply will not work to address the public health emergency. For all the reasons I have noted, the government will not support Bill C-338.

Controlled Drugs and Substances ActPrivate Members' Business

May 8th, 2017 / 11:20 a.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, as a resident of British Columbia, specifically on Vancouver Island, I need only look across the water to see how bad the fentanyl crisis is in Vancouver.

Indeed, and I direct my comments to the government side, if we had an infectious disease killing at the rate that overdoses are in British Columbia, the government would have mobilized far more resources and in a much quicker time frame than has been done.

I am glad to see that the Conservatives recently joined us to declare the opioid crisis a national health emergency, but when we attempted to move Bill C-37 through the House quickly to deal with the problem, Conservatives attempted to block it. I am just wondering what the member's reasoning was for that blocking.

Controlled Drugs and Substances ActPrivate Members' Business

April 3rd, 2017 / 11:20 a.m.


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Liberal

John Oliver Liberal Oakville, ON

Mr. Speaker, I rise to speak to private member's Bill C-307, an act to amend the Controlled Drugs and Substances Act. However, before I address the issues, it is a very special day for me. My son, Alexander Oliver, and his very good friend, Tiana Prince, have joined me in Ottawa. It is great to have them in our capital city with me for a few days.

The intent of Bill C-307 is to enable the federal Minister of Health to require prescription medicine, specifically opioids, to have abuse-deterrent formulations or tamper-proof, tamper-resistant properties. By doing so, it will make these drugs more difficult to crush, snort, or inject, reduce their potential for misuse, abuse, and diversion to our streets.

I strongly agree with the sponsor of the bill when he said that this issue was about public health, about saving lives and doing the right thing. Canadians are the second-highest consumers of prescription opioids in the world. Fifteen per cent of Canadians aged 15 years and older report using prescription opioids in 2013. It is estimated that about 10% of patients prescribed opioids for chronic pain become addicted. Furthermore, the increased availability of prescription opioids in households has meant that Canadian youth have begun using them for recreational purposes. Six per cent of youth aged 15 to 19 years indicated they abused opioid pain relievers in the past year.

These trends result in significant harms. In Ontario, one in eight deaths of individuals aged 25 to 34 years was found to be opiate-related in 2010. Similarly, there has been a substantial increase in the number of opioid-related deaths in Quebec, reaching almost three deaths per 100,000 persons in 2012.

The response to the crisis by the government has been rapid, and I am pleased to see an evidence-based, health centric focus on harm reduction return to our health policy and legislation.

The Minister of Health has already responded to the 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; and improving the evidence base and data collection. The minister also convened a two-day pan-Canadian conference on opioid abuse in November 2016, which generated many of the changes that were introduced to the House in Bill C-37.

Further, the Standing Committee on Health, which I am proud to be a member of, issued a comprehensive report and recommendations on the opioid crisis on December 12, 2016. In the committee study, the issue of tamper-resistant technologies did not emerge as a preventive strategy. During the course of its study, the committee held five meetings, in which 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.

The 38 recommendations focused on harm reduction; prevention, including training for physicians in prescribing practices and public education; treatment, including addiction treatment and improved access to mental health services; and law enforcement and border security changes. Tamper-resistance formulations were never documented in witness testimonies as an effective strategy.

Let me expand on this point.

One of the debate points over the proposed change to the law in Bill C-307 is about whether an explicit legislative authority is needed to require certain drugs to have tamper-resistant formulations. The government's position is that the current regulation-making authorities under the Controlled Drugs and Substances Act are sufficient already to develop regulations should the evidence demonstrate a need for them in the future. From this point of view, Bill C-307 is unnecessary.

Further, nothing in Bill C-307 would speed up that regulation-making process. The sponsor of Bill C-307 outlined many tamper-resistance technologies currently under development. The government strongly supports opioid manufacturers who wish to take proactive measures to make their medications harder to abuse. That is why it recently published guidance to drug manufacturers on what evidence was required to demonstrate tamper-resistant properties for prescription drugs.

It is also clearly the sponsor's view that the technology has been sufficiently developed in the area of tamper resistance and there is enough real-life evidence of positive outcomes to move forward with regulations. I would disagree.

First, tamper resistance has not been shown to reduce the rate of addiction, overdose, and death related to opioid misuse. Remember, a tamper-resistant opioid is still an opioid. Based on current evidence it is no less dangerous and no less addictive. Data from the United States and Ontario shows that opioid-related deaths continued to increase even after the introduction of reformulated OxyContin to the market. Further, as I stated earlier, this strategy was not recommended by the many experts from whom the health committee heard testimony.

Second, only a small number of people who misuse OxyContin pills crush them or dissolve them; most simply swallow them. Roughly a quarter of those who were misusing OxyContin before the tamper-resistant version was marketed continued to do so after its introduction. They did so by moving from inhaling or injecting the drug to, again, simply swallowing them. A sizeable population defeated the tamper-resistant properties, with information on how to do this available on the internet. Of course, those who misused by swallowing OxyContin continued to swallow reformulated OxyContin. Tamper resistance does not mean tamper-proof.

Third, tamper-resistant technology is not sufficiently developed to cover the entire class of opioids, some of which come in the forms of patches, sprays, or injectable liquids.

Fourth, and perhaps most important to me, the introduction of tamper-resistant technology seems to only reduce the abuse of one type of drug in exchange for another. The most common response to the introduction of reformulated OxyContin in the United States was migration to other drugs, including heroin and fentanyl. In the case of tamper resistance, it can result in a substitution or balloon effect. Studies already have found that prescriptions for hydromorphone and fentanyl increased in Ontario after the province restricted access to OxyContin, suggesting a substitution effect could been happening in Canada already.

Members are, of course, all aware of the deadly impacts of the current surge in fentanyl-related overdose deaths in Canadians. Because of the high demand for this drug, organized crime groups began importing illegal fentanyl as analogs from China. These are then transformed into tablet forms in clandestine labs in Canada, using pill presses and disguised as other opioids, such as OxyContin. The unknown potency of illegal fentanyl and other synthetic opioids, coupled with the fact the users are often unaware that they are taking illegally manufactured pills, has resulted in a dramatic increase in illicit drug deaths in Canada.

British Columbia has become the epicentre of the crisis. 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 drugs in the province, British Columbia experienced approximately 60 deaths a month by August 2016 from illicit drug use.

We do not want to make uninformed policy decisions that could increase the substitution of OxyContin to illegal fentanyl. The substitution effect can also lead to higher risks of administration, such as injection, which is associated with the spread of hepatitis and increased risk of overdose.

I want the residents of my riding of Oakville to be protected from the opioid crisis and illicit fentanyl distribution. I want all Canadians to be protected from misuse of opioids. I have been meeting to discuss addiction and prevention with key agencies in Oakville, including the medical officer of health, service providers at the Halton Alcohol Drug And Gambling Assessment Prevention and Treatment Services, ADAPT, and, most recently, with the Halton chief of police, Steve Tanner. Tamper-proof has not come up.

I applaud the sponsor of Bill C-307 for the attempt to help address this crisis, but for the reasons stated above, I do not believe the bill would change the government's ability to respond to the crisis. Nor do I believe evidence-based research supports the underlying position taken by the bill.

Finally, I do not think the bill would help the vulnerable and at-risk people in Oakville.

For these reasons, I will not be supporting Bill C-307.

HealthStatements By Members

March 21st, 2017 / 2:10 p.m.


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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, 914, that is the number of lives lost last year in British Columbia to the opioid crisis, which has ravaged families and communities across British Columbia. Zero is the number of deaths that occurred at any supervised consumption site last year.

These numbers are important and they tell a story, that harm reduction saves lives. After over a decade of inaction by the previous government, this government has taken swift and immediate action to not only save lives, but make evidence-based decisions that will allow for more supervised consumption sites, including in my riding of Surrey Centre.

Surreyites deserve access to the very best of health care, and Bill C-37 will do exactly that.

I want to extend my personal thanks to the paramedics, firefighters, police officers, and all front-line workers who have not only worked long and difficult hours to save lives, but who have also put their own lives at risk while doing so.

Bill C-23—Time Allocation MotionPreclearance Act, 2016Government Orders

March 6th, 2017 / 12:05 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, we are starting to lose track of the number of times the Liberals have used this measure to curtail debate. One of the most solemn things that we have as a duty in the House as members of Parliament is to bring forward our constituents' views. By cutting off this debate, the minister is not allowing us to do that. There are very real concerns about this bill. I know that members on that side of the House like to dismiss them, but it is our job to give them voice in the House.

To pre-empt the minister if he wishes to reference our vote on Bill C-37, may I remind him that we did that vote because it was to save Canadian lives, but this bill has been languishing on the docket since June of last year. I do not understand what the rush is.

Bill C-37--Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 14th, 2017 / 10:05 a.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, an agreement has been reached between a majority of the representatives of recognized parties under the provisions of Standing Order 78(2) with respect to the report stage and third reading stage of Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts. Therefore I move:

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

That fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to 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 stage, as the case may be, of the bill under consideration shall be put forthwith and successively without further debate or amendment.

HealthCommittees of the HouseRoutine Proceedings

February 10th, 2017 / 12:10 p.m.


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Liberal

Bill Casey Liberal Cumberland—Colchester, NS

Mr. Speaker, it is my honour and pleasure to present, in both official languages, the seventh report of the Standing Committee on Health in relation to Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts. The committee has studied the bill and has decided to report the bill back to the House with amendments.

At this time, I want to thank all members of the health committee who worked diligently to get this through in an appropriate time. Although there were some philosophical differences, everyone appreciated the sense of urgency and helped to get the bill through. I want to thank all members from all parties for their co-operation on this bill. We think that this bill will save lives.

Business of the HouseOral Questions

February 9th, 2017 / 3:05 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, we will be continuing today to debate the NDP opposition day motion.

Tomorrow we will call Bill C-31, the Canada-Ukraine free trade agreement, for debate at third reading.

Monday, we will resume third reading debate on Bill C-30, the CETA legislation.

In the coming days we will give priority to Bill C-37 on safe injection sites.

Next Thursday, February 16, shall be an allotted day.

HealthOral Questions

February 9th, 2017 / 2:55 p.m.


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Louis-Hébert Québec

Liberal

Joël Lightbound LiberalParliamentary Secretary to the Minister of Health

Mr. Speaker, our government is committed to protecting the health and safety of all Canadians. The evidence is absolutely clear. In communities where they are needed and appropriate, harm reduction is an important part of a comprehensive approach to drug control. We put harm reduction back in as a pillar of our drugs and substances strategy. This is why we are proposing to streamline the criteria and process for supporting community applications in Bill C-37.

HealthOral Questions

February 9th, 2017 / 2:55 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, the Liberals ran on a promise to build consultation and social licence into their decision-making process when it had significant impact on local communities. However, it would appear that they are ignoring their own advice or promise in this regard in terms of drug injection sites.

Just today in committee, the Liberal members voted down my amendment to Bill C-37, which asked the minister to give 45 days public notice before rendering a decision.

Why are the Liberals afraid to give communities a voice in whether a drug injection site is in fact authorized for their community?

HealthOral Questions

February 3rd, 2017 / 11:50 a.m.


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Ottawa Centre Ontario

Liberal

Catherine McKenna LiberalMinister of Environment and Climate Change

Mr. Speaker, we are in a national public health crisis here in Canada, and the response to this crisis needs to be comprehensive, collaborative, compassionate, and evidence-based.

Building on our five-point action plan to address opioid misuse, the Minister of Health co-hosted a conference and summit on opioids that resulted in 42 organizations making concrete commitments to address this crisis.

I was also very pleased that yesterday at committee, all parties came together to rise above partisan politics and bring us closer to the passing of Bill C-37.

Tracey Ramsey NDP Essex, ON

Mr. Speaker, not only is the opioid crisis taking lives and destroying families in Canadian cities, but this public health emergency is also impacting smaller communities, like the ones in my riding in Essex County, at an unprecedented rate.

Canadians need immediate action from the federal government, now. We cannot afford to wait for Bill C-37 to wind its way through the parliamentary process. Will the government immediately declare a national public health emergency and provide immediate and direct support to our Canadian communities?

HealthOral Questions

February 2nd, 2017 / 2:55 p.m.


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Markham—Stouffville Ontario

Liberal

Jane Philpott LiberalMinister of Health

Mr. Speaker, that question gives me an opportunity to share with all members of the House some very good news. This is not a political matter. This is a very serious matter, a matter of saving lives. I am very happy to report that not only with the support of the vote that took place yesterday to pass second reading, all parties agreed today in committee to expedite the passage through committee of Bill C-37 to save lives and get the work done.

HealthOral Questions

February 2nd, 2017 / 2:55 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, the Liberals are playing politics with the lives of Canadians.

Yesterday the Conservatives agreed to unanimously support portions of Bill C-37 to ensure that important lifesaving measures could be implemented immediately. We asked that the controversial elements of forcing communities to accept heroin injection sites without proper consultation be further debated so Canadians could have their voices heard.

Will the Liberals stop playing politics and allow portions of the bill, which have all-party support, to be adopted in the House today?

Controlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 4:10 p.m.


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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, it is unfortunate that NDP members, who claim to care about this issue, would co-operate in this fashion.

I propose to them another option. My House leader has circulated a motion to all parties, and I hope you will find unanimous consent for the proposal.

The motion separates out the supervised injection sites section of the bill. It also adopts at all stages the remaining parts of the bill. We are also willing to allow the supervised injection sites section of the bill to go to committee today, without the need for time allocation. I know the members across would like that.

Therefore, I ask for unanimous consent of the House for the following motion. I move that Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts be divided into two bills: Bill C-37(A), an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts (supervised consumption sites), and Bill C-37(B), an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts; that Bill C-37(A) be composed of clause 26(6), new section 31(1.1); clause 26(7), revised section 31(8); clause 40(6), revised section 55(1)n; clause 40(14); clause 40(15); clause 41, and clause 42; that Bill C-37(B) be composed of all the remaining parts of Bill C-37; that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary; that the House order the printing of bills C-37(A) and C-37(B); and that Bill C-37(A) be placed on the Order Paper for consideration of the House at second reading and referral to the Standing Committee on Health; and Bill C-37(B) be deemed to have been read a second time and referred to committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred at report stage, and deemed read a third time and passed.

If we can get together and unanimously make these changes, we can start saving lives today, instead of having to go through procedural shenanigans. It would make a real difference to Canadians. I think we would all like to co-operate on that.

Bill C-37—Time Allocation MotionControlled Drugs and Substances ActGovernment Orders

February 1st, 2017 / 3:25 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons and Minister of Small Business and Tourism

Mr. Speaker, an agreement has been reached between a majority of the representatives of the recognized parties under the provisions of Standing Order 78(2) with respect to the second reading stage of Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts.

Therefore, I move:

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 of the second reading stage of the said bill; and

That, fifteen minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the 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 stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

HealthOral Questions

January 31st, 2017 / 2:40 p.m.


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Markham—Stouffville Ontario

Liberal

Jane Philpott LiberalMinister of Health

Mr. Speaker, as the member for Coquitlam—Port Coquitlam said, we are in the midst of a national public health crisis in Canada, and we must continue to respond in a way that is collaborative, compassionate, comprehensive, and evidence-based.

In December, we introduced Bill C-37 in this House in order to ease the burden on communities that wish to open supervised consumption sites, while putting stronger measures in place to stop the flow of illicit drugs. Canada needs this action now. I call on all members of this House to support this very important legislation without delay.

Political Party FinancingOral Questions

December 13th, 2016 / 3 p.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I am seeking unanimous consent for a very urgent motion. I think all members of the House know that the opioid crisis is a national health emergency taking the lives of Canadians on a daily basis.

Although it has taken a year, the government has tabled a bill that moves us in the right direction by, among other things, repealing the previous government's Bill C-2. The NDP believes there is a critical and irrefutable need to get this bill passed as soon as possible. It will save lives. Therefore, I am asking for unanimous consent for the following motion.

I move that, notwithstanding any Standing Order or usual practice of the House, Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts shall be deemed to have been read a second time and referred to committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage, and deemed read a third time and passed.