Bill C-216

Health-based Approach to Substance Use Act

An Act to amend the Controlled Drugs and Substances Act and to enact the Expungement of Certain Drug-related Convictions Act and the National Strategy on Substance Use Act

This enactment amends the Controlled Drugs and Substances Act to repeal a provision that makes it an offence to possess certain substances. It also makes consequential amendments to other Acts.
In addition, it enacts the Expungement of Certain Drug-related Convictions Act , which establishes a procedure for expunging certain drug-related convictions and provides for the destruction or removal of the judicial records of those convictions that are in federal repositories and systems.
Finally, it enacts the National Strategy on Substance Use Act , which requires the Minister of Health to develop a national strategy to address the harm caused by problematic substance use.

Opioid Crisis in Canada

[Blake Desjarlais, NDP, Edmonton Griesbach, AB]

Mr. Speaker, I want to thank my hon. colleague from Courtenay—Alberni for his powerful statement, but moreover his powerful actions. I thank the member for tabling this critically important piece of legislation, Bill C-216. This bill has the framework to finally address the drug poisoning crisis like the crisis it is: a public health care crisis.

This crisis is killing Canadians, 20,000 of them in the last five years. This is truly an emergency, and it is one the government can no longer ignore. This crisis affects all Canadians, but in particular young people, indigenous people, Black people and people of colour. This crisis is affecting Canadians unequally, and it is not by coincidence or chance. It is because of the historic and ongoing violence and systemic racism that has existed and continues to exist in Canada today, violence like the residential schools that existed until 1996; violence like the sixties scoop that tore apart thousands of indigenous families, including my own; violence like the government's ongoing apprehension of indigenous children; and violence like the underfunding of critical services, such as providing clean water.

Many of my fellow indigenous people now live in urban centres; more than 50%. My constituency of Edmonton Griesbach is home to some of the largest urban indigenous populations in Canada, and this reality could not be more visible. What many of my neighbours and I see in the community is the large number of folks living without homes, being continually harassed and criminalized and ultimately incarcerated. They are then thrown right back out on the streets with a criminal record, struggling to find housing and employment and left feeling hopeless.

Just this weekend, I was out in my community with a group called Boots on the Ground handing out care packages of naloxone kits, coffee and other much-needed items. Within about an hour, we had given out over 200 packages. I can tell members first-hand the need to address this public health care crisis in my constituency is great and urgent. This crisis falls directly at the feet of governments, both Conservative and Liberal, that have time after time ignored the calls to action by health professionals, indigenous leaders and harm reduction groups like Moms Stop the Harm and Bear Clan Patrol.

We cannot treat a public health care crisis with arrests and incarceration. Health care workers know this, substance users know this and my constituents know this. Groups like the Alberta Medical Association have said this. City councils in Alberta are calling for this.

Decades of history and evidence from around the world show us that the current approach of criminalization simply does not work; it only leads to more harm and deaths. Health Canada's own experts know this. Last year, its expert task force on substance use published a groundbreaking report about alternatives to criminal penalties for simple possession of controlled substances.

The task force, which is made up of some of Canada's leading experts, described the federal government's current policies as follows:

Current public policies on substance use, and criminalization chief among them, are part of a vicious cycle that is fed by and continues to feed inaccurate, stigmatizing perceptions of people who use drugs. Canada’s current policies are based on an outdated and deeply problematic position, which the Task Force members reject, that devalues and dehumanizes people who use drugs by labelling them as immoral, “addicts”, or weak.

Health Canada's experts do not hold back about the racist realities of Canada's drug policies. The report goes on to say:

The legislation criminalizing drug possession is part of historical and ongoing structural racism and continues to have disproportionate effects on Indigenous and Black populations, which are more often targeted for prosecution for simple drug offenses.

These are only two of the reasons the task force unanimously recommended that Health Canada scrap all criminal penalties for simple possession.

I want to conclude by thanking those on the front lines of this crisis every day, groups like Boots on the Ground Edmonton, Water Warriors YEG, the Bear Clan Patrol and Moms Stop the Harm. They are shouldering the burden of this public health care crisis because governments refuse to do what is right.

This is our chance to rectify it, to undo some of that harm and to set a better path forward. Governing is about choices. With Bill C-216, we are giving the House and the government a choice, an opportunity to listen to the experts, and a chance to do what is right and save lives.

We can choose to end the war on drugs, and I urge all members of this House, whether government or opposition, to make the right choice and pass Bill C-216 into law.

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

Mr. Speaker, I will be splitting my time with the good member for Edmonton Griesbach.

Last year, the government's Health Canada expert task force on substance use, with 18 esteemed experts in this field, came together. They cited in their recommendations and report that bold actions are urgently needed, including decriminalization and the development of a single public health framework to regulate all substances and the expansion of safer supply. This is in response to the 25,000 lives that have been lost.

The task force was mindful of five core issues: stigma, disproportionate harms to populations experiencing structural inequity, harms from the illegal drug market, the financial burden on the health and criminal justice systems, and the unaddressed underlying conditions.

The Prime Minister, just last week, agreed that this is a health issue and not a criminal issue. He had already told the nation, before calling an unnecessary election, that his government would be informed by the recommendations of this expert task force. In May 2021, we heard from the experts and were informed by its nearly unanimous recommendations. I urge all members to consider these recommendations, which mirror the measures proposed in the bill I tabled, Bill C-216, which is a blueprint for a truly health-based approach to substance use.

We agree on all sides of this House to consider the advice of public health officials in dealing with the COVID-19 pandemic. It is now time to act on the advice of experts about the overdose crisis, which is killing increasing numbers of Canadians from coast to coast to coast. It is killing 20 people a day.

We continue to hear from medical health officers from all provinces and territories, as well as our new good friend, the member for Yukon, who has been advocating that we tackle this issue. In our larger cities we hear it from law enforcement and from frontline workers who struggle daily to save lives in the midst of this overdose crisis.

We hear the same advice from those with lived experience, those who have used illicit drugs or continue to do so. There are many reasons, including trauma in their lives, poverty, homelessness or addiction. We have also heard from thousands of family members who have lost loved ones.

On Thursday, we will hear from the chief coroner of British Columbia. She reports on the numbers of overdose deaths in my home province for 2021. While I dread her report, I welcome it as more overwhelming evidence to act.

The expert task force recommendations are straightforward and common sense. They are evidenced-based and rooted in the fundamental need to save lives. It is harm reduction.

The expert task force found that criminalization of simple possession causes harms to Canadians and needs to end. These are not my words; the words come from this body of esteemed experts, gathered together by the government to guide the actions needed to save lives.

It has been more than nine months and hundreds of deaths since the City of Vancouver applied for a section 56 decriminalization exemption with the support of its medical health officer and the chief of police. This is the exact same process Vancouver used to get the first supervised consumption site almost 20 years ago. The federal government of the day backed the city against provincial opposition, as the need was so great. That took courage and political will, which is what we need right now. The need is more dire today, if that is possible, but for whatever reason, the Vancouver application, now joined by applications by British Columbia and the City of Toronto, sits on the minister's desk.

The government was informed by its expert task force that “As part of decriminalization, the Task Force recommends that criminal records from previous offences related to simple possession be fully expunged.” This should be complete, automatic deletion, and cost-free. Simply because those Canadians are burdened with criminal records for simple possession of illicit substances, they often face insurmountable barriers to employment, housing, child custody and travel.

The bill I have tabled calls for a national plan to expand access to harm reduction, treatment and recovery services across Canada. Importantly, this plan must include ensuring low-barrier access to a regulated safe supply for users, instead of leaving the drug supply to gangs that are driven to maximize profits at the expense of lives. We must support the domestic production and regulation of a safer supply that is readily available to users.

Unfortunately, even though these common sense reforms are supported on a daily basis by public health professionals, law enforcement, media, frontline workers, substance users and their families, they have been given very little attention by the government. This overdose crisis is not identified in the mandate letter to the Minister of Health. It is barely mentioned in the Minister of Mental Health and Addictions's letter. There is nothing in the Speech from the Throne.

I ask all members of this House to take the politics out of the overdose crisis. This crisis must be treated with urgency. Slow-walking essential reforms through protracted political and bureaucratic deliberation, or worse, ignoring them altogether, will only result in more preventable deaths.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Chief Bray, maybe I'll start with you. I've listened to your opening statement and some of the answers you have given to my colleagues, and you really made that connection between the illegal firearms trade and the drug trade. Two years ago, in 2020, the Canadian Association of Chiefs of Police came out with what I thought was a very bold statement calling for decriminalization of simple possession.

I need to give a shout-out to my colleague, MP Gord Johns, who represents the riding of Courtenay—Alberni. He has brought forward private member's bill C-216, which would amend the Controlled Drugs and Substances Act, as your association called for two years ago, specifically section 4.

Can you maybe just talk a little about why the association made that statement two years ago? If we were to move toward decriminalization for small amounts of possession, how would that free up police resources to really tackle the more prominent issues we have been discussing at our meeting here today?

Opioids

[Blake Desjarlais, NDP, Edmonton Griesbach, AB]

Mr. Speaker, on average, Canada sees a staggering 19 deaths per day due to opioid-related drug poisoning, but the opioid crisis is not affecting people equally. Youth, racialized folks and indigenous people have been hit the hardest, and federal policies that treat addiction with arrests and incarceration are only making things worse. We see the human toll of this failed approach every single day in my riding of Edmonton Griesbach.

Over the past few months, I have met with groups like Moms Stop the Harm and the Bear Clan Patrol who are doing the truly heroic work to save lives and promote healing on our streets and in our neighbourhoods. Their message is clear: It is time for the federal government to act by decriminalizing drug use and making sure there is safe supply. It will save lives.

That is why I am calling on members of the House to pass Bill C-216. Harm reduction will save lives.

Health

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

Mr. Speaker, it is an honour to rise today to speak about one of the most important issues in our country, the public health emergency that is taking place in our country.

We know that the Public Health Agency of Canada expects that more than 3,000 Canadians will die just in the first six months of 2022 from toxic overdoses. We know that they will be from all ages and all walks of life, but it will disproportionately impact indigenous peoples.

We do not know yet how many Canadians have been lost from overdoses in 2021, but it is likely to be over 7,000 lives. That is almost double the number of deaths from toxic overdoses in 2019. Since the pandemic began in 2020, over 3,389 people have been killed from overdoses in my home province of British Columbia, while the COVID-19 pandemic has taken 2,455 lives. All are obviously a huge loss to our communities, but behind these statistics there is real heartbreak for families, as they lose sons and daughters, brothers and sisters, friends and colleagues, and community members. As members of Parliament, most of us have had the call that we all dread, as I am sure you have too, Mr. Speaker, from a family member who has lost a loved one because of their use of poisoned drugs. I have had too many calls in my six years from loved ones, representing a rural riding and small communities, including just this last weekend.

Substance use and addiction are born of trauma, poverty, homelessness and colonialization. These are important areas of policy that we must act on with urgency, to be sure. However, we also need to take other measures. I look forward to the engagement of members from all sides of the House concerning the provisions of my private member's bill, Bill C-216, on a health-based approach to substance use, in the coming weeks.

Regretfully, as The Globe and Mail recently pointed out, “The words opioids, overdoses, decriminalization and safer supply do not get mentioned at all in the mandate letters” of the ministers of the government, nor in the Speech from the Throne. In fact, there is no mention of overdose deaths at all in the mandate letter for the Minister of Health. Problematic substance use ranks sixth on the list of top 10 priorities in the mandate letter of the Minister of Health.

The truth is that we know it is not addiction that is killing people. It is toxic, illicit drugs and a poisoned drug supply that are killing them. My bill calls for the decriminalization of possessing illicit drugs for personal use and for the expungement of records of conviction. These measures are intended to remove the stigma of drug use and remove barriers to accessing recovery programs, housing, child custody and travel. My bill also calls for a national strategy that will expand the availability of treatment and expand the availability of a regulated, safer supply of drugs.

The government has ignored the expert task force on substance use, which presented its recommendations before the unnecessary election last year. Most importantly, it ignored the call for a safer supply of drugs as an urgent priority. The Globe called the government's approach a “recipe for failure” and a “slow-motion policy response” to a national emergency, with a certainty of “more needless deaths”. This will mean more calls to members of Parliament from families that could have been spared unimaginable loss.

Resumption of Debate on Address in Reply

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, we are wrapping up the debate on the Speech from the Throne today. That, of course, reminds us that there was an election last summer. I would like to thank the people of South Okanagan—West Kootenay for re-electing me as their representative in Ottawa. I send my deepest thanks.

I always say that I represent the most beautiful riding in Canada. I miss travelling around the riding because so many events are not happening. I miss those face-to-face meetings. Everyone in Canada is impacted by this pandemic, and we are living in difficult times.

My colleague from Timmins—James Bay just spoke much more eloquently than I could about what is really facing this country. People are angry, and we are all wondering when life is going to get back to the way it was. People have lost loved ones. People have lost their jobs or lost their businesses. They cannot visit their friends or relatives.

We have seen a lot of concern and anger on the streets of Ottawa the past few days, but we have to remember that the common enemy here is COVID. It is not the lockdowns. It is not the vaccine mandates. It is not science. It is not the government. The enemy is the pandemic.

Science has brought us most of the way back with really miraculous vaccines that really work. They will get us through this pandemic. That is how we will exit this pandemic and get back to normal life. We just have to make sure that we do not give COVID another chance, or a fifth or sixth chance to take us back into it.

If any group feels fed up with COVID, it is health workers. I have talked to nurses and doctors over the past months and they have had it, so I really want to give my sincere thanks to all health workers for their dedication over the past two years and for keeping our health care system functioning in the face of overwhelming demand. We have to rise above this anger and frustration and concentrate on the task at hand, which is the task of overcoming COVID here in Canada and around the world.

Getting back to the Speech from the Throne, as I said, last summer we had a general election in the middle of this pandemic. It was an election we did not need. We should have been concentrating on tackling difficult issues, not just the pandemic, but also the long list of other issues that are affecting our country.

We should have been working on these issues starting last September. The NDP would have happily supported any initiatives that were focused on helping all Canadians. We gave the government a lot of suggestions of what was really needed. Instead, it is now February, tomorrow is Groundhog Day, and we have lost six months of work time, not just the six weeks that the election took.

What are some of the issues we could have been tackling? The list is long: reconciliation; climate change; housing; the opioid crisis; helping businesses and workers during the pandemic; and the obscene income gap, which is growing, between the few very wealthy Canadians and the millions of Canadians who are struggling just to get by.

One of the most gut-wrenching moments of the past year was the announcement from the Tk'emlúps te Secwépemc that they had discovered the unmarked graves of over 500 children on the grounds of the Kamloops Residential School. That was followed by a discovery of hundreds of other graves at similar sites across the country, including a similar announcement last week from Williams Lake.

We had known that many children had died in residential schools. That information was clearly laid out in the reports of the Truth and Reconciliation Commission, but the discoveries of the unmarked graves of children meant that millions of Canadians felt that tragedy and loss in their hearts. I have never heard such an outpouring of grief and anger through phone calls, emails and letters to my office than I did around that issue. That information brought on a truly remarkable outpouring from many, many Canadians.

The government must act on all the calls to action of the Truth and Reconciliation Commission, and I am heartened to hear some of the documents around the history of those institutions will be made public. We need to keep investigating what truly happened, so we can make sure it will never happen again.

On climate change, it was truly a terrible year for weather across Canada. In British Columbia, a June heat dome killed over 500 people in the Lower Mainland in Vancouver. The town of Lytton burned. People lost their lives, their homes and their livelihoods. Fires continued across the southern interior of British Columbia all summer, including in my hometown of Penticton. While campaigning in August for this election, I had to keep all my precious belongings in my car because there was a wildfire burning a kilometre from my house just on the hills west of Penticton.

The summer was followed by a series of unprecedented rain events in the fall. We have learned to call them atmospheric rivers, but we used to call them “the pineapple express”. One event in November flooded the towns of Merritt and Princeton and destroyed the five highways that connect Vancouver with the rest of the country.

The Prairies had one of their worst draughts ever. There were tornados in Ontario and more serious flooding in Cape Breton and western Newfoundland. We are living the effects of climate change. These changes are here to stay. We have to work hard to ensure they do not get any worse.

One of my roles in the NDP is the party critic for emergency preparedness and climate resilience. I have called for the government to up its game both on its reaction to disasters and in preventing them. In 2018, the town of Grand Forks in my riding was flooded. It was a very difficult experience for the town, not just the physical flooding and the process of rebuilding but also the difficult decisions the mayor and council of the town of Grand Forks had to make trying to figure how they could rebuild the community so flooding would not happen again.

There are the interface fires that have destroyed homes across the country. We have to up the game in funding, not only for the fight against climate change, which is very important, but also for these responses to climate change, the adaptation. We need to ensure the government provides much more funding to communities to help them rebuild their infrastructure to prevent these disasters from happening in the first place. This includes FireSmarting communities, building new flood prevention infrastructure and building better highway and railway infrastructure for the coming weather disasters, which will be much more common and stronger than before.

We need to also up the game on climate mitigation to bring down of our emissions so these weather disasters do not get worse and worse. One of the first private members' bills I tabled as a member of Parliament some years ago was a call on the government to bring in the home retrofit program again. I am happy the government has done that with the greener homes grant, but we really need to increase our efforts in that area.

Efficiency Canada has put out a pre-budget document that spells out how we can do this. We need to significantly scale up the number of building that are retrofitted, and we need to ensure people who live in energy poverty can have these programs for their homes. We need to build 500,000 units of affordable housing, not just housing, but affordable housing, to catch up to where we should have been. We need to cut the growing gap between the super wealthy and the rest of Canada with a wealth tax, which would make them pay their fair share while supporting the rest of us who have been struggling to get by.

I would like to finish with the opioid crisis and Gord Johns's bill, Bill C-216. We need to do something different in that crisis.

Health-based Approach to the Substance Use Act

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

moved for leave to introduce Bill C-216, An Act to amend the Controlled Drugs and Substances Act and to enact the Expungement of Certain Drug-related Convictions Act and the National Strategy on Substance Use Act.

Mr. Speaker, I am honoured to rise today to introduce the health-based approach to the substance use act. I would like to thank my colleague, the hon. member for Vancouver Kingsway, for seconding this proposed legislation, for his tireless advocacy for evidence-based drug policy and for this bill, which was tabled by the very same member in the 43rd Parliament.

We all know the situation is dire; over 20,000 Canadians have died of overdoses in the last five years, and in the shadow of COVID-19 the opioid overdose epidemic has rapidly worsened across Canada. Decades of criminalization, a toxic illicit street supply and a lack of timely access to harm reduction, treatment and recovery services has caused this escalating epidemic. It is time to treat substance use and addiction as the health issues they truly are, and to address stigma and trauma. This bill would provide a comprehensive approach to do just that by decriminalizing personal drug possession, providing for record expungement, ensuring low-barrier access to safe supply, and expanding access to harm reduction, treatment and recovery services.

I call on all parliamentarians to support this bill and these urgent and necessary steps to address Canada's overdose epidemic.

This bill would save lives.

(Motions deemed adopted, bill read the first time and printed)