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

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

Sponsor

Jane Philpott  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

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

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

Elsewhere

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

Votes

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

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11 a.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, what my colleague says is quite true. The crisis is getting worse. Sometimes people get caught up in thinking they need to do something. However, as I said in my speech, if only 7% of the people who attended what some people call this “safe” injection site were offered treatment, why would we be repeating that around the country?

As the minister said herself, there are no good statistics being collected to determine the proper way of to move forward. Is it injection sites or needle exchanges? Therefore, before we move forward, it is important that we maintain the rights of communities to provide their input where these injection sites have been proposed. That is the most disturbing thing I find with the bill. It would remove a lot of the safeguards we had put in place as a government. The basic fact is this. We should not be normalizing these injection sites. They should be rare and should not be made the go-to way of treating these addictions. Rather, it should be detoxification treatment.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11 a.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, it is a privilege to work with my hon. colleague on the health committee. I very much respect his contributions to that committee, but with the greatest of respect, I must vehemently disagree with a number of the theses he is advocating here today.

If health policy is to be based on evidence and not on ideology, then we must look to the best evidence we have. The validity and accomplishments of safe injection sites was exhaustively examined by the Supreme Court of Canada when it ruled on the Insite case back in 2011. In that case, mountains of evidence were placed before the court, including from The Lancet, which is one of the world's most respected medical journals. Evidence gathered around Insite itself showed that it results in fewer overdoses, and in fact, no deaths. There has not been a single death at a supervised injection site in this country ever. As my colleague from Edmonton Strathcona said, it results in there being less open drug use in the streets, less crime, and fewer discarded needles in our communities as well.

His own government brought in legislation that did permit safe injection sites to open, albeit it made it extremely difficult to open them. His own government must have acknowledged that there was some value to this, or perhaps it was just forced to do so by the Supreme Court of Canada.

Why did his government do nothing about the CBSA's prohibition on opening envelopes under 30 grams, which it took the present government to fix, so that we could stop the flow of fentanyl into this country? Why did his government not catch that and do something about it?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:05 a.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, I want to acknowledge my colleague for the good work he has done on committee. I think we agree on most things, except the injection site issue.

If he looks at the community where Insite is, Vancouver's Downtown Eastside, I think he would agree with me that it is an exceptional neighbourhood. Before Insite was put into that neighbourhood, it was a horrible situation. The injection site was put there basically as an experiment. We had to do something. In that particular community, there was a lot of support for it. I think he is very aware of the strong support among all stakeholders.

That is one exceptional neighbourhood. I do not see any neighbourhood in Canada as bad as that one is or was in the past. If we look at the evidence, and he was there in health committee, unless communities are actually supportive and on side with these facilities, they do not have a chance of being successful. There is not a lot of evidence to support taking this template and just moving it across the country. As he said, there has only been one. To duplicate that based on that one experience is not the responsible thing to do.

Some things have been brought up over and over again, such as saving lives. I would suggest that if someone is injecting in front of them, that is to be expected, but to send them back out without proper treatment and moving them into a treatment program, as we would with any other disease in Canada, is that the best we can do? If that was our child or our friend, is that really the best we could do?

I look forward to working with my colleague on seeing what we can do to move that agenda forward, because I think that is something all Canadians in all communities can agree on.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:05 a.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, Canada is currently in the grips of an unprecedented opioid overdose crisis. According to David Juurlink, one of Canada's leading drug safety experts:

This is the greatest drug safety crisis of our time, and it's not hyperbole to say that every one of you knows somebody with an opioid use disorder. Whether you realize it or not, you do, and it's quite possible that you know someone who's lost a loved one to these drugs.

He went on to say:

The scope of the problem in Canada is completely unknown. We know that in the U.S., the CDC estimates that over the last 20 years, about a quarter of a million people have died from opioids, more than half of them from prescription opioids.... We have no corresponding numbers in Canada. I speculate that somewhere in the order of 20,000 Canadians have died over the last 20 years from these drugs. The fact that no federal politician can tell you that number is a national embarrassment.

In my home province of British Columbia, illicit drug overdoses claimed the lives of at least 914 people last year, making it the deadliest on record for overdoses. This places it at the same level as Alabama, the worst state in the United States in terms of overdose rates.

Last year two Ontarians died every single day from drug overdoses, with one of every eight deaths of young adults due to opioids, and 338 Albertans died last year. Quebec overdose deaths have increased by 140% over the last 10 years.

Although Canada does not track overdose deaths at the national level, which again is an inexcusable deficiency in national health policy, it is estimated that in 2015 alone, 2,000 Canadians died from overdoses. That number is certainly much higher for 2016 due to the rapid proliferation of extremely potent illicit opioids throughout Canada.

It is patently clear that drug overdoses and deaths are increasing in every region of the country and will continue to do so without extraordinary and effective action. The significant increase in overdoses in 2016 prompted B.C.'s provincial health officer, Dr. Perry Kendall, to declare a public health emergency last April for the first time in the province's history. Notwithstanding this extraordinary step, the crisis has deepened.

December saw another record spike in deaths in B.C., with Vancouver alone now registering 15 overdose deaths per week. This is truly a crisis of epidemic proportions.

Fentanyl, an opioid 100 times more potent than heroin, has been called a game-changer for drug overdose deaths in Canada, and now we are seeing overdoses caused by carfentanil, an opioid so powerful that it poses overdose risks to those exposed to it simply through inhalation or contact with their skin. These drugs are so dangerous that a dose the size of a grain of salt can cause overdose or death.

I think we can all acknowledge that there are many aspects to this complex crisis. Fentanyl is strong, cheap, easy to transport, and small amounts can be made into thousands of doses. For $10,000 or $20,000, manufacturers can obtain a kilogram of fentanyl, an amount so compact it can fit in a shoebox, and turn it into $20 million in profit.

Many overdoses are being caused by inexperienced young people experimenting with non-opioid recreational drugs, unaware that they are contaminated with fentanyl. For example, this past fall in Vancouver, there were nine overdoses recorded within 20 minutes in people who were using cocaine that was unknowingly laced with fentanyl.

Opioids have been overused and over-prescribed by doctors for pain management, leading to many patients becoming dependent and addicted. Canada has among the highest per capita volume of opioids dispensed in the world, totalling 19.1 million prescriptions in Canada in 2015, up from 18.7 million the year before. That is about one opioid prescription written for every two Canadians.

Even though there are no credible peer-reviewed studies that demonstrate that opioids afford more benefit than harm for chronic pain, opioid use has been marketed beyond palliative and cancer patients for regular use for people experiencing back pain and other common ailments. Prescribers were incorrectly taught that addiction was a rare consequence of using prescription opioids long term, that less than 1% of patients would become addicted.

In reality, the addiction rate is estimated to be 10%, with 30% suffering from opioid use disorder. This misuse of opioids reveals the absence of broad and effective treatment for chronic pain in Canada. Critically, there is an alarming lack of public detox and treatment facilities available across Canada, caused by underinvestment for decades at both provincial and federal levels, and even less resources dedicated to education and prevention.

Bluntly, our health care system has an appalling lack of publicly covered treatment options for Canadians suffering from substance use disorder, a pox on both Liberal and Conservative governments over the last number of decades.

In indigenous communities, inconsistent federal support for community governed and culturally based treatment has made addressing the opioid crisis a particular challenge. Nurses employed by Health Canada do not possess the scope of practice to support indigenous people in addressing opioid addiction in their own communities beyond 30 days by federal edict.

As Dr. Claudette Chase, a family physician at the Sioux Lookout First Nations Health Authority recently told our health committee:

I tear up every time I think about this, because our workers are putting themselves on the line to hear the stories of incredible trauma. We have little funding to train them. These are community members who, because Health Canada has refused to step up, have stepped up themselves. They do this and they get traumatized daily, and I have little or no means to support them other than being their family doctor. It's not acceptable.

Addiction is a complex psychosocial disease with genetic, environmental, and social determinant influences of every type. Although this crisis has been garnering increased media attention in recent months, make no mistake that it has been allowed to escalate for years, recently under a Conservative government blinded by superficial ideology and now under a Liberal government paralyzed by timid expediency.

What both Conservative and Liberal governments have in common, however, is a refusal to act on evidence in a timely fashion, and decades of history of failure to make the investments necessary to provide Canadians with essential health options to treat substance use disorder.

Over the last 10 years, the previous Conservative government slashed Health Canada's addiction treatment budget, removed harm reduction as one of the four pillars of Canadian drug policy, and spent nearly a decade trying to discredit the clear and overwhelming evidence that supervised consumption sites save lives.

Indeed, this crisis has undeniably been exasperated by barriers erected by a Conservative government that prevented supervised consumption sites from opening across Canada. Despite an abundance of research that conclusively established that Vancouver's supervised consumption facility, Insite, significantly reduced overdose deaths, the Conservative government obstinately refused to accept that evidence.

In 2011, it took the Supreme Court of Canada to rule that Insite and other supervised consumption sites must be granted a section 56 exemption from the Controlled Drugs and Substances Act because they “decrease the risk of death and disease, and there is little or no evidence that it will have a negative impact on public safety”.

In response, in 2015, the Conservative government introduced Bill C-2, which sets out a lengthy and arduous list of criteria that supervised consumption site applicants must meet before the minister would grant them an exemption. In practice and by design, these criteria made it effectively impossible for organizations to open new supervised consumption sites in Canada.

For example, Montreal has had applications pending Health Canada approval since May 2015, almost two years, for three fixed services in three neighbourhoods and one mobile service. Indeed, not a single supervised consumption site has opened in Canada since Bill C-2 was passed. Of course, that was exactly the Conservatives' intention.

Only an hour after Bill C-2 was initially introduced, in a move so vile it would impress Donald Trump, Conservative campaign director Jenni Byrne issued a fundraising letter stating that the Liberals and NDP wanted addicts to shoot up in the backyards of communities all across the country. This went beyond a juvenile refusal to accept evidence that ran contrary to their moralizing ideology. It was a clear and utterly disgraceful attempt to campaign on the backs of the most vulnerable Canadians, sick Canadians.

For those Conservative MPs who now claim to have found religion on the issue, who have recently echoed the NDP's long-standing call to declare a national public health emergency, I must remind them that it was Conservatives who blocked my attempt to move this bill swiftly through the House in December, to save lives faster.

Though the Liberals claim to support the expansion of supervised consumption sites, their government has not approved a single new facility since coming to office. In fact, the Minister of Health initially and stubbornly argued that legislative changes to Bill C-2 were not even necessary, since she had directed Health Canada officials to facilitate the application process under the existing law. She refused to acknowledge that the problem was the act itself with its 26 separate requirements acting as effective barriers to any new sites, as had been consistently pointed out by stakeholders, the NDP, and even some of her own colleagues. This tepid response stood in stark contrast to the view espoused by the member for Vancouver Centre, the Liberal member for Vancouver Centre, when she was the Liberal health critic in opposition.

When Bill C-2 was introduced, the member for Vancouver Centre publicly stated that the bill was deliberately written in a way that would ensure no supervised consumption sites were approved in Canada. She also questioned the constitutionality of the bill. It has frequently been observed that Liberals campaign from the left and govern from the right, that they talk progressively in opposition, but act conservatively when in power. I am afraid their conduct on the opioid crisis is yet one more example of this unfortunate truism.

Unacceptably, it took a mounting death toll and universal pressure from medical experts, public health officials, provincial governments, municipal leaders, and the federal NDP before the Minister of Health finally relented and outlined legislative changes she was willing to make to Bill C-2, on December 12, 2016. This came on the heels of an announcement from the B.C. government that it was no longer willing to wait for federal approval and would take the extraordinary measure of signing a ministerial order making the provincial operation of temporary overdose prevention sites legal. This was in turn a response to the unsanctioned, makeshift supervised consumption sites that were being established throughout B.C. by activists like Ann Livingston and Sarah Blyth, who founded the Overdose Prevention Society last September with crowdfunding, due to the severity of the crisis.

While the current government was waiting, while people were dying, people in British Columbia and on the street were acting. Thus, the bill is an overdue acknowledgement that this is, in fact, a crisis and contains some important steps to address it.

I do want to credit the government for taking some positive measures.

The Liberals hosted an opioid summit, where they committed to better informing Canadians about the risks of opioids, supporting better prescribing practices, and improving the evidence base. They made naloxone available in a non-prescription status. They reversed the federal prohibition on the use of pharmaceutical heroin for treatment. They scheduled fentanyl precursors. They reinstated harm reduction as one of the four pillars of drug policy. Now the government has introduced amendments to the Controlled Drugs and Substances Act and other acts, to streamline supervised consumption site applications.

These changes are all welcome, if overdue, and New Democrats are in agreement with all of them. However, they do not go nearly far enough, fast enough. There is much more that we can and must do. That is why I must take serious exception to comments made by the Minister of Health in a recent interview. The minister said:

I would argue with the fact as to whether or not there's been progress made. I know that the number of deaths are rising, but we have been extremely active on this file....

I do not know how the minister measures progress, but I do know one thing. When Canadians are dying at unprecedented rates, when month after month we see increased death tolls from opioid overdoses, there can be no legitimate talk of progress. We in the New Democratic Party will measure progress by one factor and one factor only: when the death toll of Canadians goes down, not up. However by that standard, the crisis is getting dramatically worse, not better. Annually since 2012, the number of fatal overdoses in B.C. has increased significantly: 273 deaths in 2012, 330 in 2013, 366 in 2014, 510 in 2015, and now 914 in 2016.

Last month alone, we recorded the highest number of overdose deaths in B.C.'s history, with 142 lives lost. That is more than double the monthly average of overdose deaths since 2015 and a sharp increase from the fall. There were 57 overdose deaths in B.C. in September, 67 in October, and 128 in November. That is not progress.

To understand the scale of this epidemic, I would remind the House that during the SARS crisis in 2003, 44 people died in an outbreak of the disease across all of Canada. We are losing that many people every week to opioid overdoses.

I would suggest to members of the House that if 40 to 50 Canadians were dying every week from SARS, Ebola, or any other infectious disease, the House would not rest until it saw a response from the federal government that matched the severity of the crisis. Every life lost to overdose is a heart-wrenching tragedy that leaves devastated loved ones in its wake. The lives cut short by overdose matter just as much as anyone's, and this epidemic deserves the same attention and urgency as any other disease.

Moreover, we must remember that the consequences of inaction are felt severely by those on the front lines of this crisis. As Chris Coleman, a firefighter who works on Vancouver's Downtown Eastside, told the health committee:

...it takes a toll on an individual's mental health to see such helplessness and suffering up close on a daily basis; to work extremely hard but to feel that you are having little or no impact on a problem that is growing exponentially, like a tidal wave, on the streets of your city. There is mental strain in watching a population repeatedly harming itself and in ultimately witnessing death and deceased persons who have succumbed to this human tragedy....

I must stress that our brothers and sisters who work in the Downtown Eastside are in trouble.... In conversations with these firefighters, I hear a lot of “It's driving me nuts” and “I can't take it”. I'm told stories of their being in an alley with 20 or 30 drug users. They're unprepared and untrained for that. Part of their hopelessness comes from having to deal with the same particular overdose patient who has a needle in their neck, who's rolling around in urine and feces, more than once on the same shift. They feel abandoned and they feel hopeless

We must not condemn our courageous first responders to the fate of Sisyphus, rolling an immense boulder up a hill over and over again for eternity. They need the Government of Canada to have their backs.

Indeed, the federal government's failure of leadership on the opioid crisis has led to renewed pleas for help from public officials from all across Canada. These include the mayors of Calgary, Toronto, Ottawa, and Vancouver, B.C.'s health minister, and health professionals from every discipline.

I know that the Minister of Health has repeatedly stated in public that the federal government is doing everything it can. Of course, that is utter nonsense. There are literally dozens of measures and recommendations made by health experts and stakeholders across Canada that remain unimplemented by the government.

Recently, the City of Vancouver sent a list of nine recommendations to the federal government to help address this crisis, including calling for a central command structure, daily meetings with Health Canada, and improved treatment services. A coroner's jury in British Columbia recently issued a list of 21 recommendations for action, and the Standing Committee on Health in December issued a report detailing 38 recommendations for the government alone, most of which remain unimplemented.

To demonstrate this leadership and illustrate the federal government's understanding of the scope of this crisis, the New Democrats have been calling on the federal Minister of Health to declare a national public health emergency for months. We are now joined in this call by municipal, provincial, and federal politicians of all stripes, including, recently, the Conservatives.

A declaration of a national public welfare emergency under the Emergencies Act would empower Canada's top doctor with the authority to take extraordinary measures to coordinate a national response to the crisis. This could include an allocation of emergency funding on the scale required to actually address the mounting death toll, as well as sanctioning the operation of temporary supervised consumption sites on an emergency basis.

Inexplicably, the minister continues to claim that a national public welfare declaration is unnecessary and untimely. With respect, she is utterly and demonstrably wrong. For example, such a declaration would allow overdose prevention sites across the country to open and operate legally, something they cannot do now. Not only are such sites needed desperately in every major city in Canada, but they would start saving lives today.

New Democrats have worked in good faith with successive federal governments to address the crisis with the urgency it deserves. We led the fight against the Conservatives' Bill C-2 from the day it was introduced, and then pressed the Liberal government to repeal or amend it. Last fall, we moved a motion at the standing committee to conduct an emergency study on the crisis. We tried to expedite this bill through the House in December; and we were the first to call for a declaration of a national public health emergency to address the crisis.

The New Democratic Party will support this bill and work in committee to improve it. We will continue to press the government to take every action it can to address this national public health crisis.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:25 a.m.
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Winnipeg North Manitoba

Liberal

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

Madam Speaker, I support many of the comments the member made in reference to Bill C-2, especially his reflections on the Conservative government at the time. I was here, like him, and I like to think it was not only the NDP. The Liberals were also in great opposition to Bill C-2 and made commitments to look at making changes. What we are talking about today addresses some of the issues that were raised during the debate on Bill C-2 by both opposition parties.

I agree, in good part, with the beginning of the member's comments. Where I take some exception, and where the member needs to get a better appreciation, is on the statement that the national government has not demonstrated leadership. The Minister of Health and the Prime Minister have demonstrated leadership on the opioid crisis here in Canada.

The Minister of Health has been very proactive. The member himself made reference to a series of things the Minister of Health has done. We have to take into consideration an enormous amount of work with the different stakeholders, whether they are provincial administrations, indigenous people, first responders, and so forth. It has to be a coordinated approach.

My question for the member is this. Does he not recognize the importance of working with others, since it will not be just Ottawa that resolves this particular problem? Maybe he could comment further on how the House today can assist in expediting the passage of this legislation.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:25 a.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, sometimes Liberals say that the New Democrats are Liberals in a hurry. The corollary to that is that Liberals are New Democrats who will not take action.

My hon. colleague brings up something that I made a central point of my speech, which is that when Liberals were in opposition, they stood in the House and told Canadians that they opposed Bill C-2, that they believed that supervised consumption sites save lives, and that Bill C-2 was deliberately designed to prevent the opening of supervised injection sites in this country. In fact, the member for Vancouver Centre, the senior Liberal in British Columbia and the Liberal critic for health at the time, called the bill unconstitutional.

That is why New Democrats, as soon as the Parliament changed back in October of 2015, at first opportunity, called on the government to introduce legislation to amend or repeal Bill C-2. New Democrats started the call in February of last year. Why? It was because we saw that there was a crisis. People were dying every week.

What did the Liberals do? They told the NDP they did not think, while in government, that there was any problem with the legislation, that they just thought it was an administrative problem. Every month, New Democrats stood in the House and told Liberals they had to act to change it because supervised consumption sites save lives and the bill was a barrier. Month after month, Liberals stalled and did nothing while Canadians died. It took them until December, after over a year in office, before they actually introduced legislation, which will now take months to pass.

I am going to give the Liberal government no credit for its inaction and delay on introducing legislation that is so critical to saving lives in this country, and New Democrats will continue to push the government to take the dozens of recommendations that are necessary to continue to do so.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:30 a.m.
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Conservative

Dianne Lynn Watts Conservative South Surrey—White Rock, BC

Madam Speaker, I am looking at some of the embedded criteria regarding injection sites. I was not here at the time, but as I go through this, I see they include support from local government with respect to health and safety, a letter from the head of the police, a letter from health professionals in relation to public health, information on the vicinity of the site, information on the inappropriate discarding of drug-related paraphernalia, a number of issues on data gathering, drug treatment, and trends. All of those things were embedded, and I am wondering which piece was a roadblock to establishing a consumption site. Insite has been there for 13 years and was established under the Conservative government.

I am wondering what piece of the consultation he is not supporting.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:30 a.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, the legislation that the Conservative Party brought in was forced upon that government after fighting Insite in the Supreme Court of Canada. Instead of listening to the evidence and working with health professionals, a decision by that member's government forced Insite to spend millions of dollars going to the Supreme Court of Canada to establish that supervised consumption sites save lives. In that decision, the Supreme Court identified five factors that ought to be met before a community permitted the opening of a supervised consumption site. The Conservatives took that Supreme Court decision and they exploded those five factors to 26, and a number of those factors have absolutely nothing to do with health.

For those of us who view addiction as a health issue, for those of us who view the operation of these clinics as being pivotal to saving lives, I will point out that not a single person has died in a supervised consumption site facility in this country. As my former colleague Libby Davies used to say, “dead addicts don't get recovery”.

From a health point of view, when a community wishes to have such a site we should focus on criteria that would help to address the health issues there.

It is not a question of finger-pointing; it is a question of establishing facts. The previous Conservative government slashed Health Canada's budget for addictions treatment by 15%. It did nothing about the CBSA's problem in being unable to open 30-gram or under envelopes. The Conservative government fought supervised consumption sites in this country right to the Supreme Court of Canada.

I will take no lectures from the Conservative Party about how to save lives in the opioid crisis.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:35 a.m.
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NDP

Murray Rankin NDP Victoria, BC

Madam Speaker, I would like to thank my colleague from Vancouver Kingsway for a thoughtful and passionate speech on the opioid use disorder crisis in Canada.

Nine hundred and fourteen people died last year in my province of British Columbia. In my riding of Victoria, dozens of people have died, while we watched the government take no action over the last year on this issue. I am delighted to hear the minister make commitments today. This is very personal. I know people whose family members have died as a consequence of inaction over the last while.

I would ask my colleague to elaborate a bit on what this national health emergency means and what the Emergencies Act might allow by way of powers. My colleague talked about the 38 recommendations from the health committee. He talked about recommendations from the City of Vancouver and in coroners' reports. If we have a crisis, which we do, I would ask the member what powers would be available to the government were it to trigger that?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:35 a.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I would like to thank the member for Victoria for his excellent work on this issue when he was our party's health critic.

A piece of federal legislation called the Emergencies Act permits the declaration of a public welfare emergency when one of two situations exists. The first is if a province is experiencing a problem that is so serious and severe that it overwhelms its own ability to deal with it. The second situation is when an issue affects more than one province across the country. It is the latter situation that is clearly the case in Canada right now. All provinces across this country are experiencing problems with the opioid overdose crisis.

There are a number of extraordinary powers that would be given to Canada's top doctor under the Emergencies Act were the government to declare a public welfare emergency. There are two in particular. The act would allow the flow of emergency funds commensurate with the emergency without having to go through this process in the House. Second and most important, the act would allow the government to open emergency hospitals or clinics, for example, if a disease was spreading across this country and we needed mobile units immediately.

The overdose prevention sites that are really currently operating against the law right now would be deemed legal were the government to declare a public welfare emergency and cities across this country could open those up today and start saving lives today.

The Liberal government will not do it and I have no idea why it will not.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:35 a.m.
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Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

Madam Speaker, I will be splitting my time with the hon. member for Edmonton Centre.

I am pleased to rise 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. My private member's bill, Bill C-224, the good Samaritan drug overdose act, is currently in the other place. Just like Bill C-37, it is just one piece in the harm reduction tool kit that would help to save lives.

Protecting the health and safety of Canadians is a key priority for this government. That is why on December 12, 2016, the Minister of Health, with support from the Minister of Public Safety and Emergency Preparedness, introduced Bill C-37 in the House of Commons.

This bill makes several amendments to the Controlled Drugs and Substances Act and the Customs Act in support of the government's efforts to respond to the current opioid crisis and problematic substance abuse in general.

This comprehensive bill aims to balance the important objectives of protecting public health and maintaining public safety. It is designed to better equip both health professionals and law enforcement with the tools they need to address the issue.

Over the last decade, the harms associated with problematic substances abuse in Canada have become more complex and have been changing at a rapid pace. The line between licit and illicit substances has blurred with the opioid crisis, prescription drug misuse, and the rise of new designer drugs.

The government has committed to helping Canadians affected by these problematic substances and their use. Legislative and regulatory controls are certainly an important part of this approach. However, as we know, drug use and dependency pose significant risks for individuals, families, and communities. Our approach to addressing problematic substances abuse must include preventing and treating addiction, supporting recovery, and reducing the negative health and social impacts of drug use on individuals and their communities through evidence-based harm reduction measures. This must also be a part of our approach to addressing problematic substances abuse.

Harm reduction is viewed by experts as a cost-effective element of a well-balanced approach to public health and safety. Harm reduction connects people to other services in the health and social systems related to treatment and recovery. It recognizes that individuals and whole communities benefit when people with substance misuse and addiction issues can obtain the support and services they need rather than being marginalized or stigmatized. The evidence regarding harm reduction is absolutely clear. Harm reduction measures are a critical piece of a comprehensive approach to drug control.

That is why the government is determined to take a balanced, evidence-based approach that supports rather than creates obstacles to harm reduction.

To that end, on December 12, 2016, in addition to introducing Bill C-37 in the House, the Minister of Health announced that a national anti-drug strategy would be replaced with a new, more balanced, and health-focused approach, called the Canadian drugs and substances strategy. The new strategy will strengthen Canada's approach to drug policy by providing a comprehensive, collaborative, compassionate, and evidence-based approach to the protection of public health and safety and the reduction of harm from misuse of licit and illicit substances. To reflect the new health-focused approach, the strategy will be led and co-ordinated by the Minister of Health, in close collaboration with her colleagues.

Canada has had successive drug strategies in place since 1987 that have aimed to balance public health and public safety. In 1992, the government launched Canada's drug strategy, which was intended to reduce the harms associated with alcohol and other drugs to individuals, families, and communities. In 1998, harm reduction was added as a pillar alongside prevention, treatment, and enforcement.

However, the balance between public health and public safety in Canada's approach to drug policy shifted in 2007, with the release of the national anti-drug strategy. This strategy reflected the previous government's priorities of public safety, crime reduction, and safe communities.

The national anti-drug strategy focused primarily on youth and illicit substance use and did not retain harm reduction as a pillar. This shift brought Canada out of step with other like-minded countries, most of which include harm reduction in addressing problematic substance abuse.

The new strategy will retain and build upon the aspects of the national anti-drug strategy that worked well and, specifically, the new strategy will maintain the existing and well-established areas of prevention, treatment, and enforcement. These pillars, respectively, aim to prevent problematic drug and substance use, support innovative approaches to treatment and rehabilitation, and address illicit drug production, supply, and distribution.

However, perhaps the most important aspect of the new strategy is that it will improve upon the national anti-drug strategy by formally restoring harm reduction as a pillar. This shift to a more health-focused approach has been welcomed by stakeholders, including the Centre for Addiction and Mental Health, and our provincial partners.

Our government is committed to ensuring that its policies under the new strategy will be informed by a strong foundation of evidence, including data related to harm reduction policies, programs, and interventions. This will enable the government to better identify trends, target interventions, monitor impacts, and support evidence-based decisions. It will help ensure that Canada has a comprehensive national picture of drug use and drug-related harms and can fully meet our international reporting requirements.

Even before the new strategy was announced, our government included harm reduction measures in our efforts to reduce the negative health and social impacts associated with problematic drug use, including the transmission of infectious diseases, overdose deaths, and stigma.

For example, under federal legislation, we have improved access to naloxone, an overdose reversal drug, by making it available without a prescription specifically for emergency use in cases of opioid overdose outside of hospital settings.

This important measure broadens access for emergency workers and will help address a growing number of opioid overdoses.

We have also demonstrated our support for the establishment of supervised consumption sites, a key harm reduction measure.

After a thorough and rigorous review, in January 2016, Health Canada granted an exemption from the Controlled Drugs and Substances Act for the Dr. Peter Centre to operate a supervised consumption site.

Not long after, on March 16, 2016, Health Canada granted Insite an unprecedented four-year exemption.

If passed, Bill C-37 would go further to support the implementation of evidence-based harm reduction measures. In particular, it would reduce the burden on communities that wish to apply for an exemption to operate a supervised consumption site.

The proposed amendments would streamline and simplify the application criteria, while ensuring that community consultation continues to be an integral part of the process. By streamlining the application and renewal process and adding a new transparency provision, applicants could be assured that the process would not cause unreasonable burden or delay.

In conclusion, our government's approach to drug policy strives to balance the important objectives of protecting public health and maintaining public safety.

The Canadian drugs and substances strategy will restore harm reduction as a pillar, alongside prevention, treatment, and enforcement, and will formalize our commitment to a comprehensive, collaborative, compassionate, and evidence-based approach to Canada's drug policy.

It would mean that harm reduction-focused policies, such as support for properly established and maintained supervised consumption sites and increased access to naloxone, would now officially be part of Canada's drug strategy.

Implementing measures proposed in Bill C-37 would be a key step in realizing the objectives of the Canadian drugs and substances strategy.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:45 a.m.
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NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Madam Speaker, the Liberals have been in power for more than a year now and we have been asking that the Conservatives' Bill C-2 be withdrawn and reworked in order to consider the possibility of opening injection sites to help reduce the number of overdoses and overdose-related deaths.

We know that it is often the young, inexperienced users who end up overdosing. Some do not know that certain drugs contain fentanyl. Why have the Liberals still not reinvested in awareness and prevention? There is a desperate lack of resources for this. Front-line workers are saying that they need more resources to work on prevention.

What is the Liberal government doing to save lives and ensure that young people are not the primary victims of its inaction?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:45 a.m.
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Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

Madam Speaker, it is plain that the Liberal government is taking meaningful action on this matter. We have undertaken a number of initiatives such as the conference, bringing together all provincial and territorial stakeholders involved in this crisis. We have also committed $5 million for support of mental health and addictions issues. I certainly urge all provinces that have not done so to step up and make use of this.

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:50 a.m.
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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I appreciate the member opposite. He lives in the Lower Mainland. I am sure he is as aware, as I and other Lower Mainland MPs are, of the depth and breadth of the crisis taking place right now. Every day, two people die in the Lower Mainland. Every day in Ontario two people die. Every day In Alberta a person dies. This is a health crisis of an unimaginable extent. It is something that should be calling the government to take immediate action. Instead, for over a year, we saw the government drag its feet and refuse to do anything as the death toll rose, doubling and tripling. We are now talking about thousands of Canadians dying over the past couple of years.

The implications are enormous if nothing much happens. The government has moved very slowly on legislation. It has waited 15 months now. We are coming up to February tomorrow. The Liberals took office and could have moved something in December 2015. They have done nothing really to in any way fight to put in place the addiction treatment programs that are needed across the country, and they have refused to call a public health emergency.

Why is the government moving so dreadfully slowly in the midst of this crisis?

Controlled Drugs and Substances ActGovernment Orders

January 31st, 2017 / 11:50 a.m.
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Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

Madam Speaker, I see no profit in fighting old battles and worrying about who did or did not do what when. What remains a fact at this time is that we are taking definitive and meaningful action, and moving forward in a substantive way on this issue. This bill shows that very well.

We have taken action all through our time in office, such as improving access to naloxone to controlling the availability and the supply of the precursors to the manufacture of things like fentanyl, all of which are meaningful actions. However, we are moving forward. It is time we all move forward and solve this problem together in a meaningful way, as we are setting about to do.