Bill C-37 (Historical)

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

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

Controlled Drugs and Substances Act

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, I want to thank my colleague, the Minister of Health, for her work on the health file. There is no question in my mind that she has the best interests of Canadians at heart. However, we may agree to disagree on a couple of facts.

First, we agree on this side of the House that the opioid crisis needs attention quickly and forcefully. There is no question about that. The other part of Bill C-37 refers to supervised injection sites. I think we would find on this side of the House, and, indeed, probably within each party, that there are differing opinions on that. In fact, some of the opinions are supported, clearly, by front-line police officers in terms of their safety and efficacy and public safety.

My question for the minister is this. Why did her party not allow the bill to be split into two component parts, which would have clearly allowed fulsome debate on both issues, and then, more importantly, why are Liberals shutting down debate and minimizing the amount of time that members of Parliament, who were elected to represent their communities here in the House, can debate this issue?

[Jane Philpott, Liberal, Minister of Health]

moved that Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts, be read the third time and passed.

Mr. Speaker, it gives me great pleasure to rise on the third reading of Bill C-37. I am particularly gratified at the speed with which the bill has moved through the House of Commons. I want to thank all members, including all parties, who have been very helpful in agreeing to time allocation, agreeing to expediting the committee process, and the fantastic work at the committee level to move the bill along. This demonstrates the serious nature of the bill, and recognizes the ongoing opioid crisis and the need for urgent action.

Bill C-37 is one of a range of comprehensive responses to this very challenging issue. We are eager to advance the bill through Parliament to help protect the health and safety of Canadians and their communities.

It has been said before in the House that problematic substance use is an issue that affects Canadians of all ages. It affects people from all socio-economic groups. We should also point out that there are, however, particular groups that are excessively vulnerable to the risks associated with problematic substance use, people living in poverty, people who have experienced trauma in their lives, and indigenous peoples of Canada.

We are facing nothing short of the greatest drug crisis our country has faced. It is a national public health crisis related to opioids. For example, one may draw attention to the fact that in British Columbia last year more than 900 people died from overdoses. That was an 80% increase over 2015. The majority of those deaths were related to the rapid spread of the drug fentanyl.

Elsewhere in Canada, we are hearing from law enforce officials that there are increasing numbers of seizures of fentanyl and carfentanil.

Last week, we heard about the distressing number of deaths linked to opioids in Alberta. For example, in 2016, 343 people died in Alberta from fentanyl overdoses. That was an increase over 257 the previous year.

It is necessary that the Government of Canada use every single tool at our disposal to help turn the tide on this crisis. We need a policy approach that is comprehensive, collaborative, compassionate, and evidence-based.

Bill C-37 would further strengthen our government's response to the opioid crisis.

Lest there be any doubt that we are pulling out all the stops to respond to this crisis, let me review what we have done over the past year. It includes things like ensuring naloxone, which is the antidote to overdose, is available on a non-prescription basis across the country. That involved me ensuring that we had naloxone nasal spray available on an emergency order so it would be available to Canadians, and expediting the approval of naloxone nasal spray.

We also launched Health Canada's opioid action plan. This is a plan to improve access to education for both the public, as well as prescribers, to ensure that we support better treatment options, that we reduce access to unnecessary opioids, and that we expand the evidence base.

In the matter of expanding the evidence base and getting better data, we supported McMaster University to produce guidelines for prescribing opioids in situations of chronic pain. Those new guidelines are now available for consultation.

We overturned a ban on prescription heroin so doctors might use it through Health Canada's special access programs to treat the most severe cases of addiction.

We have supported the good Samaritan drug overdose act, which offers immunity against charges for simple possession for individuals so they will call 911 if they witness an overdose and they will stay at the scene to help.

We have also put in place a number of regulations to schedule fentanyl precursors for controlled substances, making it harder for illicit substances to be manufactured in Canada.

I co-hosted, along with the minister of health for Ontario, the opioid conference and summit. At that summit, we had nine provincial and territorial health ministers. We also had 30 other organizations. We produced a joint statement of action that had 128 commitments.

In addition, in collaboration with the provinces and territories, we have put together a special advisory committee that includes the Council of Chief Medical Officers of Health. This committee is very active at ensuring we have better access to data that is up to date about the state of the circumstances.

We also have a task force within the federal health portfolio to work with all federal departments in a comprehensive response to the crisis.

We funded the Canadian research initiative on substance misuse. It is providing now evidence-based guidelines for medication-assisted treatment.

In December, I joined the Minister of Public Safety and Emergency Preparedness in introducing Canada's new drugs and substances strategy. We reintroduced at that time harm reduction as a key pillar in drug policy.

I would like to talk now a bit about what we have done to support the establishment of supervised consumption sites. Early on, we granted an exemption to the Dr. Peter Centre in Vancouver to operate a facility, and we provided an unprecedented four year exemption to Insite to continue the good work it was doing.

For communities that have demonstrated a need and desire to have such a site in their community, we want to create an environment that will encourage applicants to come forward. That is why, pending passage of the bill, we have adjusted operational procedures in the interests of removing unnecessary barriers to the review and approval of supervised consumption sites.

Just last week, I was very pleased that we were able to issue exemptions for three new supervised consumption sites at fixed locations in Montreal. The time frame to approve these sites was unacceptable. It took a year and a half, and that was due to the onerous 26 criteria that existed under the previous legislation. However, finally we were able to get an exemption for them. These new sites, located in Hochelaga, Maisonneuve and Ville-Marie districts and operated by the Centre intégré universitaire de santé et de services sociaux du Centre-Sud-de-l'Ile-de-Montréal, will be able to provide care for people in those areas.

Health Canada has expedited a review of 10 pending requests for approval in other communities. There is an additional site in Montreal, three sites in Toronto, two in Vancouver, two in Surrey, one in Ottawa and one in Victoria.

Even while doing this, we have maintained the key essential criteria to ensure we protect the health and safety of staff, people who use drugs, and the neighbours who are in the areas of the proposed sites. We are working with all applicants to ensure that those applications are complete and that the department has received the necessary information.

Passing Bill C-37 will be so helpful to streamline the application process and it will be a big step forward for these communities.

Some have wondered why we have not declared a public health emergency. What I have said for months is that clearly we are in the midst of a national public health crisis of unprecedented proportions related to a growing number of opioid overdose deaths. However, the Federal Emergencies Act, which was formerly called the War Measures Act, is a tool of last resort. It is there to ensure public safety and security when a national emergency cannot be addressed by any other law. This act was not used in the case of SARS, H1N1 or Ebola. It is not the right instrument, but as I have already noted, we will make use of every tool at our disposal. We have already taken extraordinary steps at the federal level, and Bill C-37 is another essential step.

Bill C-37 needs to be passed without delay. This is not a political matter or an ideological matter; it is a matter of saving lives.

With the current growing rates of opioid overdoses and deaths, we have recognized there are gaps and weaknesses in the current federal legislative framework as it relates to controlled substances. To address those under Bill C-37, we will provide the government with the ability to more easily support the establishment of supervised consumption sites, a key measure in harm reduction.

We will also address the illegal supply, production and distribution of drugs. We will reduce the risk of diversion of controlled substances that are used for legitimate purposes to the illegal market by providing improved compliance and enforcement tools.

Bill C-37 would simplify and streamline the application process for communities that want and need supervised consumption sites. It would replace the 26 application criteria with the five factors that were identified by the Supreme Court in its 2011 decision regarding Insite.

It is important for all members to understand that Bill C-37 retains the need for community consultation, and it also adds increased transparency, making it a requirement for the Minister of Health to make public decisions on applications, including any reasons for denial.

To support these proposed changes, Health Canada will post information online about what is required in applications, how the process works, and the status of applications.

Supervised consumption sites are an essential part of a harm reduction measure. There is a vast abundance of international and Canadian evidence that shows that when they are properly established and maintained, they save lives and improve health without increasing drug use or crime in surrounding areas, they prevent infection, and, best of all, they provide a safe, non-stigmatizing, non-judgmental way for people to be introduced to the health care system.

Harm reduction measures in Bill C-37 complement a number of other actions that the government is taking to protect community safety. For example, the RCMP is working with the Chinese ministry of public safety to combat the flow of illicit fentanyl and other opioids into Canada.

Bill C-37 is proposing to prohibit the unregistered importation of pill presses and encapsulators, which would make it more difficult to produce illicit drugs and, in turn, keep these illicitly produced opioids and other substances off our streets. Bill C-37 would also give border services officers greater flexibility to inspect suspicious incoming international mail. As has been said before, just a standard-sized envelope can contain enough fentanyl to cause thousands of overdoses.

Before I conclude, I want to say a few words about treatment. It is absolutely essential to understand that we will not turn this crisis around by harm reduction alone. People need to have access to the broadest range of treatment options. Delivery of health services, including the treatment of addictions, falls largely under provincial and territorial jurisdiction. That is why I am very pleased to say that this fiscal year the federal government is transferring $36 billion to the provinces and territories to support the delivery of care. With the support of the Prime Minister, we identified new funding for the provinces and territories, in the order of $5 billion for mental health over the next decade, which will help people facing mental illness, including addiction.

We need to address the social drivers of the opioid overdose crisis. That includes things like poverty, social isolation, unresolved trauma, sexual abuse, and mental illness. It is widely understood that untreated mental illness is a common cause of addiction and early intervention is absolutely essential if we are going to counter such addiction.

I want to emphasize in the House that we need to include all four pillars in our Canadian drugs policy: prevention, treatment, harm reduction, and law enforcement. Prevention is so essential, as we understand that issues like social equity are absolutely important, cultural continuity, people having the opportunity to have healthy and safe childhoods, and making sure people heal from any unresolved trauma and grief in their lives, which might drive them to problematic substance use.

There is no single action that, on its own, is going to end this opioid crisis immediately, but Bill C-37 is an absolutely essential step in the process of moving to that end. We need a balanced approach. We need to work collaboratively with all other levels of government and civil society organizations. All Canadians need to work together. We need to have partnerships across the country, including, as I said, with provinces, territories, and municipalities that are very much engaged on this matter and, of course, indigenous leaders. We need to protect Canadians, to save lives, to address the root causes of this crisis, to give people hope, and to make sure that all matters are addressed in order to turn the tide of the opioid overdose crisis.

I encourage all hon. members to recognize the importance of this bill and to support its speedy passage through the House. I look forward to working with all members to that end.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I am very pleased to rise today to speak in support of Bill C-37. Protecting the health and safety of Canadians is a key priority of this government, and 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 would make several amendments to the Controlled Drugs and Substances Act and the Customs Act in connection with the government's efforts to address the current opioid crisis as well as problematic substance use more generally.

This a comprehensive bill that seeks 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 this issue.

Over the last decade, the harms associated with problematic substance 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 is committed to helping Canadians affected by problematic substance abuse. 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 substance abuse must include preventing and treating addiction, supporting recovery, and reducing the negative and social impacts of drug use on individuals and their communities through evidence-based harm-reduction measures. These obviously must also be part of our approach to addressing the problem.

Harm reduction is viewed by experts as a cost-effective element of a well-balanced approach to public health and safety.

It has been a very good debate. I have listened intently, and it has been very informative.

[Len Webber, Conservative, Calgary Confederation, AB]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mr. Speaker, it is an honour to speak on behalf of the people of Nanaimo—Ladysmith, but this is certainly a hard story. I support the government's approach moving forward, but I want to talk about the impact in my immediate community, to describe the imperative of why action is so important.

Since 2008, Nanaimo has had more deaths per capita from drug overdoses than anywhere else in British Columbia. Our region had a 135% increase in opioid deaths last year, and fentanyl was present in 50% of overdoses. This is a national emergency. Our region has not had the action that we need on it and the federal government response has been unacceptably slow.

In October, at the health committee, I urged action of a study, which was initiated by an NDP motion by my colleague, the member for Vancouver Kingsway, that federal leadership was needed immediately to tackle the opioid overdose epidemic. I urged better access to Drug treatment programs and safe consumption sites, and support for health professionals, including addiction training. I urged that the government also create a national action plan on post-traumatic stress disorder for front-line emergency personnel and public safety officers in this vital line of work.

When I talk with firefighters in Nanaimo, they tell me they used to see three overdose calls a year. Now they see three a shift. These fine young men and women signed up to fight fires mostly. I want to read some of the words from Mike Rispin, one of the chiefs at the downtown Nanaimo fire department. He says:

In my 25 years as a fire fighter we have had periods when there was a sharp increase in opioid overdoses, due to a stronger drug on the streets. These periods lasted usually only a few weeks.

Sadly, the recent introduction of fentanyl has made our response to overdoses a regular occurrence and I can only foresee this as a regular ongoing issue...I...can only imagine what we will see with the use of carfentanil (which has been discovered in town now). We will be having even more O/D's and more difficulty bringing those patients back to consciousness.

Nanaimo is a small community of 90,000 but the overdoses we are seeing now is increasing dramatically. Thankfully the Island health authority has opened a safe injection site which should assist in reducing deaths from the use of opioids.

How did we get here? Opioid prescription rates are sky-high in Canada versus other countries. Our doctors over-prescribe, and that is because the pharmaceutical companies oversell.

Chronic pain is not managed well in our country. Some people are just left completely on their own and they do become drug-dependent because they are not getting the pain management support they need.

We also have, and we have seen this particularly in the riding of my colleague, the member for Vancouver East, childhood sexual abuse unrecognized, unreported, untreated. Gabor Maté, a doctor who has worked particularly in the Downtown Eastside, said every drug-addicted woman patient of his, every one of them, was a victim of childhood sexual abuse. This is the “hungry ghost” syndrome that he describes a psychic wound that cannot be healed, people turn to drugs.

Some communities were used as a test market for new drug ingredients. That certainly is our speculation about Nanaimo. Many people using illegal drugs are not aware that fentanyl is included in them and they get into terrible trouble.

In my community, I want to salute the many heros who have stepped up in the absence of provincial and federal leadership. They have saved a lot of lives, but it has been at a great personal cost to them. I am hugely grateful for their work. By supporting this bill, I hope we will get the support they need to do this very difficult job they have been given.

Another group that is such a hero in my community is AIDS Vancouver Island and the AVI Health Centre. Claire Dineen, the health promotion educator in Nanaimo, has led training for 800 people who are now trained in how to administer naloxone, which is the antidote to fentanyl. That woman has saved a lot of lives.

I also want to salute Dr. Paul Hasselback, who is the chief medical officer for the Vancouver Island Health Authority. People are very lucky to have a man like him in our riding. When I meet with him, he has both the United Nations Declaration on the Rights of Indigenous Peoples and the recommendations of the Truth and Reconciliation Commission on his desk. That is a sign of a man who is fully integrated in his work and making change in our country. He wrote:

For the past four years, the riding that “you” represent has had rates of narcotic overdose fatalities that are some of the highest in the country....During this time close to one hundred of our neighbours, friends, and families have passed away from this preventable tragedy. In four years, overdoses have become a leading cause of preventable deaths in our community....an integrated approach to a community response has resulted in a much smaller increase in 2016 when compared to other BC communities. Action can save lives.

He went on in his letter to state:

When finally presented through actions of the province of BC with ways to implement overdose prevention sites where emergency response is available, the community has overwhelmingly embraced the service....Supervised consumption is to be recognized as a health service that can and should be provided in a variety of settings....We also need to look to the future and how to prevent drug addiction. Youth employment, affordable housing, meaningful community contributions are our best approach to engaging those that illicit drug predators would target as future consumers.

Action is needed now to mitigate this crisis, and needs to consider what could be done to reverse the recruitment of persons to experiment with potentially addictive drugs....While legislation is welcomed, it focused again predominantly on the enforcement side of the equation, permitting for harm reduction services. What actions will the federal government take in prevention and in facilitating treatment or at least research into effective treatment? What actions will the government take on engaging youth on drugs similar to past efforts to work on tobacco?

He finished by saying:

Family Day is a great day to remember that many of our friends and colleagues have personally been affected through a member of their family. I have many stories that I have heard that are gut wrenching efforts to help loved ones. There are also stories of success to be shared.

I have another success story from my riding. This is sent by a third-year biology student attending Vancouver Island University. He was one of the organizers of Vancouver's first unsanctioned supervised injection sites. When people were dying on the streets and we could not get provincial or federal support, Jeremy Kalicum and others took action, and he writes this description:

In short order, we established an unsanctioned supervised injection site equipped with harm reduction supplies, volunteer nurses, and naloxone. Our goal was to provide a judgment-free space that would allow people who use drugs to feel that their situation and struggles were not being ignored. Although people who use drugs were initially skeptical of our service they soon learned that we were not there to entrap them...[we] wanted them to be safe.

That facility is not operating now because the health authority opened a supervised injection site in the last few weeks.

I am proud that the New Democrats led the fight against the Conservatives' Bill C-2, which was absolutely damaging at the exact time we needed progressive action. I am glad the Liberals are bringing forward Bill C-37. It is overdue. We wanted it a year ago. We want the Liberals to call this a national emergency.

The war on drugs approach has clearly been a failure. Instead of stigmatizing and punishing Canadians who are suffering from substance abuse disorders, it is time for bold and compassionate leadership from the federal government. We need to rapidly expand proven harm reduction approaches, while making significant long-term investments in prevention and public addiction treatments of all kinds.

I urge Parliament to vote in favour of Bill C-37. I urge the government to accelerate its action in some of the other areas that New Democrats have identified, to view drug addiction as a health issue, and, most important right now, to send our thanks and support to the front-line responders who fill a tremendous gap in a time of true national emergency.

[Kamal Khera, Liberal, Parliamentary Secretary to the Minister of National Revenue]

Mr. Speaker, I am very pleased to rise in the House 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.

As members are aware, Canada is facing an opioids overdose crisis across this country. We have seen very troubling figures and have heard many tragic stories. As stated earlier in the House, British Columbia alone saw 916 illicit drug overdose deaths in 2016, an almost 80% increase from the year before. The majority of these overdoses are due to opioids. Other parts of the country have been impacted as well, with Alberta reporting 343 apparent overdoses related to fentanyl in 2016, which is an over 30% increase from the year before. While some areas have been more acutely affected that others, drug use is not unique to one part of the country, and the potential for this crisis to spread is very real.

Our government is committed to addressing this complex public health issue through a comprehensive, collaborative, compassionate, and evidence-based approach to drug policy in Canada. To that end, the Minister of Health with support from the Minister of Public Safety and the Minister of Justice announced the new Canadian drugs and substances strategy on December 12 of last year.

This new strategy replaces the previous national anti-drug strategy with a more balanced approach for restoring harm reduction as a core pillar alongside prevention, treatment, and enforcement, and supporting these pillars with a strong evidence base. The Canadian drugs and substances strategy formalizes our government's commitment to taking an evidence-based and more appropriate health-focused approach to addressing problematic substance abuse in our country.

The bill before us would ensure a sound and modernized legislative base to support this new strategy. This comprehensive bill aims to balance protecting public health and maintaining public safety. It is designed to better equip health professionals and law enforcement with the tools they need to address this issue.

Specifically, this bill would improve the government's ability to support the establishment of supervised consumption sites as a key harm reduction measure in communities. It would address the illegal supply, production, and distribution of drugs, and reduce the risk of controlled substances used for legitimate purposes being diverted to the illegal market by improving compliance and enforcement tools.

In addition to introducing this new strategy, proposing this bill, and building on our five-point action plan, our government has taken and continues to take concrete steps to address problematic substance use. Since coming into office, our government has used all the tools available to address this issue.

One of the first steps our government took, as expressed by experts, was calling for an increase in availability of naloxone, a drug that temporarily reverses an opioid overdose. We acted quickly in this regard to remove the requirement to have a prescription to facilitate access to naloxone in March 2016. Further, our government completed an expedited review of an easier to use nasal spray version of naloxone, which, as of October 2016, is now approved for sale in Canada.

In the meantime, our Minister of Health used the extraordinary legal authorities available to her under the Food and Drugs Act to issue an interim order to allow the emergency import of naloxone nasal spray from the United States. This significant step has increased access for emergency responders and helps to address the growing number of opioid overdoses.

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

Not long after that, in March 2016, Health Canada granted Insite an unprecedented four-year exemption to continue its extremely important work in the Downtown Eastside neighbourhood of Vancouver. Insite has demonstrated time and again through a countless number of peer-reviewed research studies that it saves lives without increasing drug use and crime in the surrounding area. This four-year exemption is a positive shift from the previous annual exemptions. Just last week, Health Canada issued three new exemptions for supervised consumption sites in the city of Montreal, the first such exemptions outside of the province of British Columbia.

I do want to briefly touch upon a concern that was raised in this House by the opposition, that the views of communities would no longer be important in the assessment of an application to establish a supervised consumption site. Let me be very clear; this was actually determined by the Supreme Court of Canada. The Supreme Court of Canada determined that the Minister of Health must consider expressions of community support or opposition when reviewing such applications.

Our government is respecting the Supreme Court of Canada's decision by proposing to include these factors in this legislation. We support the need for community consultation in the application process for considering the establishment of supervised consumption sites. We understand and respect that communities may have valid concerns about a proposed site, and that these concerns deserve to be heard and should be adequately addressed by applicants in their applications. The proposed amendments would demonstrate that respect for communities is a multi-faceted issue. It means that the concerns of communities must be considered and addressed by the applicants. However, it also means that the federal government should not place any unnecessary barriers in the way of communities that need and want to establish supervised consumption sites as part of their local drug harm reduction strategy.

In order to combat this crisis head on, our government is also supporting private member's bill, Bill C-224, the good Samaritan drug overdose act, a bill that would help encourage individuals who witness an overdose to call for emergency help. It would provide immunity from minor drug possession charges for individuals who experience or witness an overdose and call for emergency assistance.

The opioid crisis is something we know we cannot fix alone. We need collaboration with all levels of government, experts, and professionals. This is why we are committed to working with our colleagues across Canada to address the opioid crisis, from medical professionals to law enforcement partners.

In November last year, the Minister of Health co-hosted an opioid summit and conference along with the Ontario minister of health. The summit and conference brought together governments, experts, and key stakeholders to address the opioid crisis and to determine a path forward. Participants heard a number of perspectives on this crisis from people who use drugs, families devastated by opioid misuse, health care providers, first responders, educators, and researchers. Provincial ministers and heads of organizations with the ability to bring about change committed to a joint statement of action to address the opioid crisis. This joint statement of action reflects a combined commitment for each participant to work within respective areas of responsibility to improve prevention, treatment, and harm reduction associated with problematic opioid use by delivering on concrete actions. We will publicly report on the progress of these actions, starting in March 2017.

In conclusion, Bill C-37 is a key example of our government's commitment to establishing a comprehensive, collaborative, compassionate, and evidence-based approach to drug policy in order to reduce the harms caused by drugs that are currently being experienced by individuals. One life lost to an opioid overdose is one too many. We need to take action now. As this bill would help save lives, I strongly encourage all the members in this House to support this very important piece of legislation.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, once again I would like to acknowledge that under the previous criteria, three safe injection sites were approved for the city of Montreal, clearly showing that those 26 criteria were not in fact too cumbersome, but actually very much needed in order to make sure that these centres were set up to be effective for the long term.

Many experts whom I have talked to have affirmed that it is good to go through a thorough application process to make sure that these injection sites are set up to effectively serve the communities in which they are placed.

On a second note, with regard to evidence again, I would love to see evidence, and that is why I was so impressed that our former government's criteria beforehand actually called for evidence, because we should be making evidence-based approaches.

Unfortunately, the Liberals gutted the word “evidence” from the piece of legislation, Bill C-37 that is before us today, so it is no longer required. We are not making decisions based on evidence anymore, because the Liberal government took it out.

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

Mr. Speaker, I always find it a little rich to be lectured on democracy by the Conservatives, who developed an expertise in all sorts of measures that were, frankly, far from democratic, and they developed quite the expertise on time allocation.

The reason we are moving forward with the bill as fast as possible, and we have the support of the NDP, is precisely because the bill would save lives. The member does not have to take my word for it. She can take the word of the medical experts, the mayors, the provincial officers who have asked for these safe injection sites.

Had the previous Conservative government responded to the Supreme Court judgment in a way that reflected what is asked instead of making it so onerous for communities where these sites are needed, where these sites would save lives and prevent transmission of diseases, we would not be here today with Bill C-37.

Does the member at least agree that the section, which their amendment requests to remove, is one major section that would make the laws in Canada closer to what the Supreme Court has said, that would prevent the loss of life that we have seen occurring far too often in this country, with regard to opioids?

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, though I stand in support of much of Bill C-37, there are a few issues I have trouble supporting. I will take the time to share my thoughts today.

Whether we support supervised injection sites or not, one thing is certainly true, and that is that the placement of a site will impact the communities in which they are located. For this reason, I believe it is absolutely necessary for communities to adequately consult with members of the public and hear them out. As a member of the Standing Committee on Health, I was very troubled when the Liberals voted against my amendment that would ensure public consultation be carried out before the building of a site.

“Social licence” was a phrase that we heard repeatedly used by the Liberals during the last federal election. We heard buzz phrases like “community input”, “consultation”, and “evidence-based decision making”. In the Prime Minister's mandate letter to the health minister, he said, “I expect that our work will be informed by performance measurement, evidence, and feedback from Canadians”.

The Prime Minister went on to say:

Government and its information should be open by default. If we want Canadians to trust their government, we need a government that trusts Canadians.

This begs a question then. Why do the Liberals not trust Canadians to have a voice when it comes to the placement of a safe consumption site? Under the current text of Bill C-37, the minister is under no obligation to issue public notice that a supervised injection site is being considered for a community. Further, the organization that is applying for the authorization is the only group required to demonstrate that local consultations have in fact taken place. This clearly undermines the impartiality of these consultations, since an applying organization can simply cherry-pick who it consults with.

Let us imagine an alternate scenario here for just a moment: say, the construction of an oil pipeline. No one would be comfortable with a decision to go ahead with building a pipeline if the decision were based solely on the oil company's report of its consultations with local environmentalists and first nations representatives. Moreover, no one would expect that a federal minister in Ottawa would have the facts to sufficiently decide where a pipeline should go, at least not without significant study by impartial experts and wide-ranging consultation with those who would be most impacted by the decision. Why then does the present Liberal government feel it is acceptable to trust that an applying organization has indeed consulted comprehensively when it comes to building a supervised injection site?

In my riding of Lethbridge, Alberta, I have to say that I am incredibly impressed with the efforts to which my community has gone with regard to collaboration and consultation. The organization that is taking the lead on studying the need and feasibility of opening a supervised consumption site is going beyond the scope of this legislation in order to ensure that community members are respected and given a voice and that all levels of government are included. It is very concerned that community partnerships are formed and that comprehensive services are created that include a treatment model.

Why is it doing so much work? It is doing this because it understands the importance of social licence, something the Liberals use as buzzwords but do not actually understand how to do. The organization in my riding understands that, while it could get the application approved without broad consultation, the suspicion and animosity that this would generate within our community would actually go against the very nature and purpose of the site.

I believe that education, consultation, and collaboration are very key components to dealing with the crisis at hand. This is why I, as a member of the health committee, sought to amend this legislation. My amendment would have required the minister to provide 45 days' public notice to communities where an application was being considered and that the feedback would then be made available to the public. Across government, it is typical for consultations of this sort to last between 30 and 90 days. For my efforts at the committee, I was accused by my Liberal and NDP counterparts of wanting to kill addicts who would overdose while consultations were taking place. Apparently they believe an application will be processed in fewer than 45 days, which is usually unheard of.

It does, however, beg the question as to just how thorough this application process would be when it comes to considering whether or not a site should be opened. I believe it is not a simple process, but I wonder if the Liberals just plan on ramming them through.

The health department will need to review the information provided, confirm the information is accurate, write its recommendation, brief the minister, and receive her decision. This takes time. If the government expects this process to take fewer than 30 working days, it would mean the department would have virtually no time to confirm the accuracy of the material provided. There is a real concern, then, that the Liberal's so-called streamlined process is nothing more than a rubber stamp.

When our Conservative government was in power, one of the bills the government of the day brought forward was the Safe Streets and Communities Act. This legislation required that meaningful consultation with community members be carried out before a supervised injection site could be established. Because this legislation was quite detailed, having 26 different requirements, it ensured that a fully informed decision was made.

The Liberals have gutted these requirements, removing the requirement for evidence and reducing the criteria from 26 to five. The Liberals justified their decision to gut the Safe Streets and Communities Act by saying it was too onerous, but the same week the Liberals forced a stop to debate, silenced the health committee, and rammed this bill through, the Minister of Health announced the approval of three new supervised injection sites for Montreal. Clearly, the former criteria were not too cumbersome.

A thorough application process helps organizations avoid mistakes and sets them up for long-term success. This has been affirmed by one centre after another in European countries. The fact that the Liberals rushed Bill C-37 through the House, by cutting off debate and imposing unprecedented restrictions at committee, shows they are unwilling to listen and unwilling to consult, as they promised they would during the election. Furthermore, refusing to hear from a single witness, either in favour or opposed to the bill, means parliamentarians have no context to understand whether or not the bill actually lives up to the intention of the drafters.

Ironically, at committee, the Liberal members voted to amend their own legislation. This is odd. They deleted the requirement that applicants must provide evidence to support their application. This is something the Supreme Court actually outlined. This is from the government that claims to value science and evidence-based decision-making. It is one of the tag lines they like to use quite commonly.

It is really quite concerning, because, as my Liberal colleagues have pointed out, lives do in fact hang in the balance. On December 16 of last year, nine people passed away from drug overdoses in Vancouver. Eight of these deaths took place in the Downtown Eastside. Interestingly enough, it was in the Downtown Eastside that the Vancouver fire and rescue department responded to 745 calls due to overdoses in November. This is significant, because the Downtown Eastside is the home of Insite, the first legal supervised injection site in Canada. Interestingly, the Liberals and the NDP have rushed Bill C-37 through Parliament with the rationale that legalizing supervised injection sites is the only way to stop rising numbers of opioid overdose fatalities. However, the evidence from Vancouver's Downtown Eastside appears to contradict this narrative. Despite the presence of a supervised injection site, offering clean needles and the ability to test street drugs for fentanyl, there continue to be dozens of overdose fatalities only steps away from the Insite building. It is clear that the Liberals have not fully considered the impact of this legislation.

Our Conservative caucus supports all but one section of the bill. The Conservative critic for health attempted to work with the Liberals to separate out that one section, while passing the remaining sections, in order to allow the health committee to conduct a proper study. The Liberals refused this offer. Instead, they have used every procedural trick in the book to ram the bill through the House with absolutely no scrutiny or thorough process.

Again and again, the Liberals have shown that they uphold democracy the same way a screen holds water. This reckless approach undermines the authority of local communities to have a voice over their own affairs. It threatens the effectiveness of this legislation by preventing drafting errors from coming to light. It also increases suspicion around the approvals process, thus undercutting local support for harm-reduction facilities. For these reasons, I stand in opposition to Bill C-37.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, a pivotal part of this is the introduction of safe consumption sites, but there are so many other fronts to come at this public health crisis, which is why I am really proud to speak in support of Bill C-37. It would take a multi-faceted approach in dealing with this crisis. It would help communities across the country deal with the issue that we are facing.

[Lloyd Longfield, Liberal, Guelph, ON]

Mr. Speaker, I would like the member to build on his last comment in terms of what the medical community and law enforcement agencies think regarding the focus of Bill C-37 on harm reduction within communities and the need to provide not only safety for communities but also health care for individuals who need it.

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

Mr. Speaker, in Bill C-37, all language that articulated the process for public consultation has been removed. At the health committee, amendments were put forward to try to obtain letters of support or opposition within a two-kilometre radius of a site, which the Liberals voted against; to identify schools and day cares within a two-kilometre radius, which they voted against; a letter of support or opposition from the mayor and council, and the police chief, which they voted against; and a minimum of 40 days' consultation, a maximum of 90 days, which they voted against.

Could the member please tell me why the Liberals do not want any public consultation?