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.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Thank you very much, Mr. Chair.

I'd like to stay with Ms. de Kiewit for a moment.

We're talking about Bill C-5 here, but we have another bill before Parliament. It's a private member's bill, Bill C-216, which proposes not to take away mandatory minimums but to take away the offence of personal possession of drugs and to establish a regime for safe supply.

I don't know whether you've actually seen the bill, but my question for you is an obvious one. In order to attack the opioid crisis, don't we need a lot more than what's in Bill C-5?

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Minister, my colleague from Courtenay—Alberni, Gord Johns, has a private member's bill, C-216, that would do exactly that. It would decriminalize personal possession and make a lot of other changes around the possession offences, which would get people into treatment rather than into the justice system.

Are you saying today that your government is prepared to consider that private member's bill?

Criminal Code

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, in his comments, the member talked about ending the war on drugs, and he talked about addressing the overdose crisis. From that perspective, I would ask him whether or not he supports the private member's bill, Bill C-216, of my colleague, the member for Courtenay—Alberni, which calls for the decriminalization of a small amount for personal use. It is one way to ensure that people are not criminalized. It is one way to ensure that we end the war on drugs, and it is one way to ensure that we actually help save lives.

Bill C‑5—Time Allocation Motion

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, the minister mentioned simple possession and that one of the goals of Bill C-5 is to reduce that issue. My colleague, the member for Courtenay—Alberni, has tabled a private member's bill, Bill C-216, to address exactly that issue and, in the process, address the overdose crisis that is happening right now all across the country. This will save lives, if we pass Bill C-216, and will reduce simple possession by decriminalizing it.

Will the minister support my colleague's bill?

Health-based Approach to Substance Use Act

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, I am deeply honoured to rise today to speak to Bill C-216, the health-based approach to the substance use act.

I would like to thank my colleague, the hon. member for Courtenay—Alberni, for introducing this legislation and for his tireless efforts to advance compassionate and evidenced-based drug policy in this country.

In the shadow of COVID-19, the overdose epidemic has rapidly worsened across Canada, and it is hard to believe that could have happened. In British Columbia, 2,224 died from overdoses in 2021 alone. This represents the deadliest year on record in Canadian history, and a 26% increase from 2020. December 2021 was also the deadliest month on record in British Columbia, with 215 people losing their lives that month alone from an opioid-poisoned drug death. That is the equivalent of about seven deaths per day. Across Canada, over 25,000 Canadians have lost their lives to the overdose epidemic in the last six years alone.

Although COVID-19 has fuelled this crisis, it did not create it. Decades of criminalization; a toxic, poisoned, illicit supply; and a lack of timely access to harm reduction, treatment and recovery services have caused this ongoing catastrophe.

The Liberal government claims that its response to COVID-19 has been evidenced-based and informed by science and the advice of public health experts. It is time to apply that approach to Canada's other epidemic. It is time to treat substance use addictions as the health issues they truly are. The legislation before the House today would do exactly that.

The health-based approach to the substance use act would comprehensively address Canada's overdose epidemic as follows: It would decriminalize personal drug possession; it would provide for record expungement; it would ensure a low-barrier access to a regulated, safe supply; and it would expand access to harm reduction, treatment and recovery services across Canada while also focusing on prevention and education.

Decriminalization is one of those issues on which I believe voters are far ahead of politicians. It is a policy area where public opinion more accurately reflects the empirical data than our laws do. That is because not a single community across Canada is untouched by addiction. Everyone has a mother, father, sister, brother, uncle, aunt, cousin, grandparent, partner, friend, neighbour, coworker, child who has struggled with problematic substance use or substance use disorder, or maybe it is even they themself. Indeed, Canadians understand intuitively something that is critically important to acknowledge in the House tonight: Those who are suffering are not criminals. Rather, they are vulnerable people experiencing tremendous pain.

In his years working in Vancouver's Downtown Eastside, Dr. Gabor Maté, whom I consider to be an expert of global stature and a great Canadian, has found that childhood trauma and emotional pain lie at the root of addiction. Dr. Maté said, “This is not a war on drugs. This is a war on drug addicts.”

Addiction can never be understood if looked at through the lens of moralism and judgment. It is time, as a society, that we ask not why the addiction but instead why the pain. Indeed, if we accept that pain and trauma are at the root of addiction, then criminalization can only be seen as cruel and counterproductive, because it compounds the very problem it seeks to correct. Stigma, shame and abuse are the core emotional issues for those suffering from substance disorder, and criminalizing their behaviour exacerbates and deepens that shame and stigma. This is obvious.

Criminal sanctions are society's way of imposing maximum trauma on individuals. They get harassed by the police; they go through the indignity of arrest; they go into the very serious, intimidating context of a court; they go through a trial; they go to jail. This system is designed to impose the most serious pressure society can possibly impose. In other words, when we criminalize substance use, we retraumatize people who are already struggling to cope with trauma.

Moreover, decades of evidence have demonstrated that criminalization serves to keep people who use drugs away from prevention and early treatment health services due to fear of being arrested, labelled or outed. Criminalization also pushes people who use drugs to rely on an illicit and obviously toxic drug supply.

If criminalizing drug use worked, we would have eliminated it years ago, but instead we have spent billions of dollars, harmed millions of people, torn families and communities apart, ruined individuals' lives and achieved nothing. It is said that the definition of insanity is doing the same thing over and over again while expecting a different result. If that is the case, decades of lawmakers in the House have been and are insane.

Part 1 of this legislation would end Canada's war on drugs once and for all by striking the prohibition against personal possession from the Controlled Drugs and Substances Act. It would end the insanity of the war on drugs.

Furthermore, criminal records amplify the harms of criminalization by exposing people who use drugs to ongoing discrimination and create barriers to housing, gainful employment, travel and community involvement. This in turn leads to further stigmatization and marginalization.

The disproportionate impact of criminal records on racialized and indigenous communities has also been well documented. That is why part 2 of this legislation is so essential to a health-based approach to drug use. It would ensure that criminal records from previous offences related to personal possession would be fully expunged, so that someone does not carry stigmatization for the rest of their lives. Unlike the current Liberal government's failed policy on cannabis pardons, the process outlined in this bill would provide for an automatic, cost-free and complete deletion of records.

Finally, part 3 of this legislation would require the development and implementation of a comprehensive national strategy to address the harm caused by problematic substance use. It would get at the real cause of the deaths. This strategy would be developed in collaboration with key stakeholders, including advocacy organizations, frontline health care providers; and, importantly, individuals with lived experience. It would address the root causes of problematic substance use; ensure access to a safe, regulated supply; provide universal access to recovery, treatment and harm reduction services; and reduce the stigma associated with substance use. There is an urgent need for low-barrier access to a safe supply of pharmaceutical-grade alternatives to illegal street drugs of all types for everyone now. Given that the main driver of the overdose crisis is the fact that the illicit, poisoned drug supply is toxic and unpredictable, experts have been clear that the death toll cannot be abated without this evidence-based measure.

Although limited access to safe supply has been provided in some jurisdictions, existing programs do not come anywhere even close to meeting demand across the country. To emphasize, it is the toxic, poisoned street supply of drugs run by criminalized manufacturers with no regulation that is killing Canadians by the thousands. Any law that does not address this reality is not health-based; it is contributing to fatalities.

Some in the current government say they believe in treating addiction as a health issue and not a criminal one. I have heard three consecutive Liberal health ministers and a Liberal Prime Minister say this many times, but they refuse to act on this claim. The Controlled Drugs and Substances Act is the law that criminalizes drug use and addiction, and it is a federal law.

I am calling out every member of the House, especially Liberals, on that contradiction tonight, because this is a contradiction that kills. They cannot say they treat drug use and addiction as a health issue and leave it criminalized on the federal books to continue to kill people.

I hope all parliamentarians stop the insanity. Let us start treating drug use and addiction as the health issue that it really is.

[Luc Thériault, Bloc, Montcalm, QC]

Madam Speaker, I rise to speak to Bill C‑216 from the member for Courtenay—Alberni, whom I like very much and have known since 2015. He is a noble-hearted man. I am confident that he brings his bill to us today, at the passage-in-principle stage, because he hopes to address this acutely alarming issue.

I will read out the summary because the bill has three parts. I would have thought the government would want to put these eggs in its Bill C‑5 basket, but apparently not. I am just thinking out loud, but the fact remains that the Bloc Québécois falls somewhere in between. I will explain its position.

First, 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.

Second, it enacts the Expungement of Certain Drug-related Convictions Act. We debated this and talked about how someone who gets stopped for simple possession is in trouble not only on human level, because they have substance abuse issues, but also because they are left with a criminal record and all the associated stigma.

The third part is important in my opinion. Substance use is a complex problem and phenomenon, and a national strategy on substance use is important, but what I find most intriguing is that the bill requires the Minister of Health to develop a national strategy to address the harm caused by problematic substance use.

The thing is, in the bill itself, it says this whole strategy, including the decriminalization of simple possession, will be implemented the year after the act comes into force. For now, I need to think about this because it raises some issues.

I am going to do something I have never done in the House. Medical assistance in dying is another difficult issue, but I have never shared a personal experience. I want people to understand that things have evolved. There is a thing called sociology of law. We have come a long way, and it is great to hear all members of the House because nowadays, in 2022, we no longer see problems associated with drug use as a crime issue; we see them as a public health issue, a socioeconomic issue and, sometimes, a mental health issue.

I had the privilege of having an experience in my life that made me grow. It was in 1998, 24 years ago. After that, I could never again look at a homeless person with multiple addictions in the same way when I saw them on the street. Why?

I had some communications students come to me and ask me for some ethical guidance. They told me about a place called Chez ma cousine Evelyn, which served as a kind of buffer zone. Speaking of diversion, there was a pilot project at the time. In order to get a bed, a place, a room in that house—and there were not many beds—you had to be homeless, an addict, and HIV positive. You had to have all three of those problems.

We set out looking for people like that downtown, and we identified a huge number of young people under 35 who met those criteria. Unfortunately, there were no resources.

We approached these people and got them to speak with us. They could be anyone, including me or anyone here, a grandson, my daughter or a neighbour's daughter. These people had a life story that had nothing to do with their current state. Some were remarkable. I remember one person who had studied at Oxford. We would have coffee very early in the morning and she would teach me about philosophy, even though she was at the point where she did not care about anything other than her substance use.

These people were well known to the local police and therefore could go to sleep at Chez ma cousine Évelyne, consume substances there and be supervised by workers who helped manage their consumption. What is interesting, they told us, is that the first few times they injected, they would hide in the bedroom to do it, even though they were allowed do it there without any problem. If the police saw them on the street late at night, needing a ride, the police would bring them back to Chez ma cousine Évelyne.

To make a long story short, we worked with them for three months and only then, and not before, were we able to turn on the cameras. When they talked to us, it was as though the cameras were not there. We learned a lot during that time. Chez ma cousine Évelyne was able to take them in when they had hit rock bottom, felt defeated and had a millstone around their necks. Some people believe that all it takes is resolve and keeping one's head above water, but these people kept going under right away.

Seeing this reality was quite the experience for me. When these people hit bottom, there is no one there for them. They themselves acknowledge that they have alienated everyone. In some cases, we were able to ensure that the individual could die at Chez ma cousine Évelyne surrounded by family members, with whom they had managed to reconnect. Those were intensely human moments.

Because of this experience, I am saying yes to decriminalization. However, we need a way to achieve that. A very interesting report by the Canadian Centre on Substance Use and Addiction points out that legislative intervention, meaning decriminalization, is ultimately only one of the pillars of a comprehensive approach, which takes time and effort to implement. Portugal, for example, scaled up prevention, treatment and harm reduction services two years prior to decriminalization.

Implementation of a pan-Canadian strategy should therefore precede decriminalization to ensure that the federal government or other levels of government do not shirk their responsibility by arguing that those people are no longer in the legal system.

That is the main problem we see in this bill. It is also the reason we would like to improve it. We will reflect on this.

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

moved that 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, be read the second time and referred to a committee.

Madam Speaker, it is a huge honour to draw third in the order of precedence this Parliament to be able to move such an important piece of legislation. It is emotional for me because this is such an important bill. It is Bill C-216, a health-based approach to substance use act.

I want to thank my deputy House critic for the NDP from Port Moody—Coquitlam for seconding the bill. The bill is not new. It was originally moved by the member for Vancouver Kingsway in the 43rd Parliament, but it died on the Order Paper because of an unnecessary election.

Its time has come, and we cannot delay any more. We are using this as the third bill to debate in the House because lives are at stake. We know this from the same public health experts who asked us to follow the science at the beginning of the pandemic. We know this from provincial coroners' reports, which tell the story with statistical evidence of record-breaking numbers of overdose deaths in our cities, our towns and our rural communities.

We know the time has come to debate these measures when Canada's police chiefs and the municipal governments of our largest cities are supporting the decriminalization of the possession of illicit drugs for personal use and the provision of access to a safe, regulated supply of drugs for users.

We know the time has come from the families and loved ones of so many victims of drug poisoning and from the heartbreaking stories the media reports about their pain. Each of us in the House, every one of us, knows all too well the time has come for common sense reforms of Canada's drug laws because of the phone calls we receive from our constituents, from moms and dads, brothers and sisters, friends and neighbours, about overdose deaths caused by drug poisoning. They tell us the time has come to act on the decriminalization of simple possession and for the provision of a safe, regulated supply of substances. They are all asking us to save lives.

As the former provincial medical health officer from my home province of British Columbia, Dr. Perry Kendall, said recently, the latest figures are “unconscionable” and “it is past time for an adult discussion about drug policy.” The bill is the healthiest approach to substance use, and the debate is about having that adult discussion, which has not taken place in the history of this House.

We know from the evidence that the so-called war on drugs has not worked over the past many decades. As the frontline workers fighting to save lives on the streets of our towns and cities remind us, it has not been so much a war on drugs, but it has been and continues to be a war on drug users.

The fact is that because a son, daughter, friend or neighbour is addicted to drugs, or is just a weekend user, should not be a death sentence, because too often it is. They are sentenced to death by drugs poisoned with fentanyl and other dangerous substances by organized crime seeking to maximize profits. In fact, fentanyl is 100 times more potent than morphine and 50 times more potent than heroin. Its orders of magnitude show it is cheaper to traffic than other drugs, which creates a huge economic incentive, at the cost of lives. A few grains of fentanyl can cause overdose and death.

I know there is support in this Parliament for the measures proposed in the bill from many members and from many parties, and I am grateful for that support. I am especially grateful for that of my own party, which has been behind this the whole way. We may not all agree on the same specific actions required, but we all want to stop the harm.

In 2020, Health Canada asked 18 experts in the field of substance use and addictions to come together as an expert task force on substance use and consider alternatives to criminal penalties for the simple possession of illicit drugs. The government promised it would be informed by this task force in its policy making going forward. In fact, it became a campaign promise. The expert task force was mindful of five core issues: stigma, disproportionate harms to populations experiencing structural inequity, harms from the illicit drug market, the financial burden on the health and criminal justice systems, and unaddressed underlying conditions.

In May 2021, we heard from these experts and were informed by their near-unanimous recommendations. Not surprisingly, their recommendations mirror the measures proposed in this bill today for a truly health-based approach to substance use. In the same way that we listen to the advice of public health professionals in dealing with COVID-19 and the pandemic, we must listen to these experts about the overdose crisis, which is killing increasing numbers of Canadians from coast to coast to coast.

First, “the Task Force found that the criminalization of simple possession causes harms to Canadians and needs to end.” These are not my words. They come from this body of esteemed experts gathered together by the government to guide the actions intended to save lives. I am going to repeat that: “The Task Force found that criminalization of simple possession causes harms to Canadians and needs to end.” This is a human rights issue.

It has been more than 10 months, and hundreds and hundreds of deaths, since the City of Vancouver applied for section 56 decriminalization exemption with the support of its medical health officer and its 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 dire. This took courage and political will. The need is more dire today. We all know this. However, for whatever reason, the Vancouver application, now joined by applications from British Columbia and the City of Toronto, sits on the minister's desk.

Second, the government was informed by its own expert task force that it recommends:

As part of decriminalization...criminal records from previous offenses related to simple possession be fully expunged. This should be complete deletion, automatic, and cost-free.

It is right in the report. This bill calls for full expungement of conviction for simple possession. It is time to relieve Canadians of this unnecessary burden. Why? Because those Canadians who are burdened with records of criminal conviction for simple possession of illicit substances face often insurmountable barriers to employment, housing, child custody and travel.

Third, this bill calls for a national plan: a strategy to expand access to harm reduction, treatment and recovery services across Canada. Importantly, this must include ensuring access to a regulated safe supply for users. Instead of leaving the drug supply to gangs 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 and accessible to users.

It has been almost two decades since the first sanctioned supervised consumption site opened. It has been another decade since the Supreme Court unanimously ruled that it must remain open, yet there are still only a few dozen in the entire country. Why are there so few? Why is there such limited access for those who need the service? I submit that it is because of a continued stigma against and criminalization of drug users.

Unfortunately, as these common-sense reforms are advanced on a daily basis by public health professionals, law enforcement, the media, frontline workers, and substance users and their families, they have been given very little attention by the current government. It has been six years. The overdose crisis is not even mentioned in the Prime Minister's mandate letter to the Minister of Health, and is given a low priority in his letter to the Minister of Mental Health and Addictions. It was not even in the Speech from the Throne.

This crisis must be treated with urgency. It is a health emergency. Slow-walking essential reforms through a protracted political and bureaucratic deliberation, or worse, ignoring them altogether, will only result in more preventable deaths. We all want lives to be saved, so let us take the politics out of the overdose and toxic drug-supply crisis.

Indigenous people are disproportionately affected, and we must work with them in partnership on the implementation of a health-based approach. Frontline workers struggling day in and day out to save lives must also be partners in implementing a health-based approach. Public health professionals and law enforcement must be engaged along with territorial, provincial and municipal governments.

In summary, I ask that consideration be made of the three essential measures proposed in this bill.

First, that the stigma of substance use be addressed by repealing the provision in the Controlled Drugs and Substances Act that makes it an offence to personally possess certain substances.

Second, that barriers to employment, housing and other essentials of life be removed for Canadians with certain drug-related convictions through the destruction or removal of the judicial records of those convictions that are in federal systems.

Third, and finally, that a health-based approach to substance use be created through a national strategy on substance use act, which would require the Minister of Health to address the harm caused by problematic substance use. A national strategy should include, but not be limited by, access to a safe, regulated supply of substances for users, universal access to recovery, trauma-based treatment, harm reduction services, prevention programs, outreach and public awareness programs.

None of the above should cause this government to delay further the approval of applications by British Columbia, and the cities of Vancouver and Toronto, for section 56 decriminalization exemptions. Unfortunately, ministers and their officials continue to hem and haw about the differences between the applications as they pertain to the threshold of quantities that are possessed. This should not be an excuse for delaying our movement as a nation towards decriminalization.

Similarly, with the expansion of safe injection sites and the provision of safe drugs under existing laws, we cannot let this debate and the legislative and regulatory actions that must follow delay or defer providing access to a safe supply. Evidence shows that users are not dying from overdoses at safe injection sites, where they exist. In fact, there has not been a single overdose death in any of the safe injection sites in this country. Not one. There has not been a single overdose death. We learn from this that a regulated safer supply will save lives. As I said at the beginning of my remarks, this bill, which is a health-based approach to substance use, aims to save lives.

The Public Health Agency of Canada projects that we will lose at least another 3,000 Canadians just in the first half of this year alone. This is not just a statistic. It is a tragedy, this enormous loss of life. Of course, in the stories of the families who have just lost loved ones to illicit drug poisoning, we know from the evidence and from the advice of public health experts that these deaths could have been prevented.

Who are they? Seventy-five per cent of the deaths are men, with the majority of people between the ages of 20 and 49. Indigenous people are especially at high risk in our country. In B.C., my own province, first nations people died of an overdose at a rate 5.3 times that of other residents in 2020. Most are economically vulnerable. Only a quarter of the men, and a third of the women, had some level of employment. For those who were employed, most were concentrated in the trades and other physically demanding occupations that are also more prone to high rates of injury and unmanaged pain. These people are dying alone. In Ontario, 75% of fatal overdoses in 2021 occurred when no one was present to intervene. In B.C, 83% of overdose deaths occurred inside, and more than half were in private residences.

We know from the Public Health Agency of Canada that, without significant interventions, the rate of deaths and harms will worsen and altering the course of the overdose crisis will become even more challenging. Over the past six years, we have lost over 25,000 lives and Canada still does not have a strategy. We know from coroners' reports, frontline workers and users that people are dying from drugs that are, for the most part, poisoned with fentanyl and other chemicals to maximize the profits of organized crime.

Some people are addicted to illicit drugs, and many are not. They are occasional users seeking relief from the pain of past trauma or the challenges of everyday life. I know that some members will say the emphasis of our approach should be limited to providing treatment for addiction. While trauma-based treatment leading to recovery from an addiction is an important component of a health-based approach to substance use, we must stop the harm first. As the member for Vancouver East told the House last month, dead people don’t need treatment.

My thanks to all of my colleagues in the House for their consideration of this very important bill. I look forward to their comments, their ideas and their questions.

The Opioid Crisis in Canada

[Bonita Zarrillo, NDP, Port Moody—Coquitlam, BC]

Mr. Chair, I thank the member for speaking of the compassion we need to show in this crisis. I agree with the member wholeheartedly on the need for increased health care transfers to provinces, and I just wanted to confirm tonight that I think we also agree on decriminalizing those small amounts for personal possession.

I just wanted to ask the member this. Will he support the bill, Bill C-216, from my colleague for Courtenay—Alberni to decriminalize simple possession?

[Mike Morrice, Green, Kitchener Centre, ON]

Mr. Speaker, I thank my colleague from Longueuil—Saint-Hubert.

My priority is Bill C‑216, which was introduced here in the House.

It is a mix of policies. We do not need to choose one over the other, as we have in front of us a bill that would allow us to do a mix of what experts are already calling for.

[Mike Morrice, Green, Kitchener Centre, ON]

Mr. Chair, I thank the member for the question and for the tone with which the question was asked. It sounds like it comes from a place of genuine curiosity.

My perspective is to follow the expert advice that parliamentarians are being given, and that expert advice from the task force on substance use shares very clearly the need to move away from criminalization alongside other recommendations, many of which are reflected in Bill C-216, that would ensure that we would not only save lives but better take care of people across the country.

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

Mr. Chair, the member for Vancouver Granville talked about how he listened to the stories of people struggling with addiction. Some of the most moving stories I have heard from my constituents have been from people who have struggled with addiction. Some of them have overcome it and are back with their families or forming new families, which is so moving. He outlined some of the paths we need to take to get people to that place.

My colleague from Courtenay—Alberni has tabled a private member's bill, Bill C-216, which will be debated here very shortly, that will tackle each of those things. It will tackle decriminalization of small amounts of drugs and it would form a national strategy with the provinces to talk about dealing with the harmful medical effects such as safe supply. I am wondering if he will support this bill.

[Marcus Powlowski, Liberal, Thunder Bay—Rainy River, ON]

Madam Chair, I would like to thank the member for Edmonton Griesbach for his reference to Portugal, where I believe they have decriminalized drug use. Certainly, from what I know, as a result of that decriminalization there has been some improvement in the problem in Portugal, so I think it is certainly an interesting case study. I cannot say I know enough about decriminalization to give any definitive answer about it, but I do think it is something we ought to be seriously considering.

As for Bill C-216, I admit I have not read it, but I look forward to reading it.

[Blake Desjarlais, NDP, Edmonton Griesbach, AB]

Madam Chair, I want to thank my hon. colleague for making mention of two really important parts, and I am hoping he can comment on them.

First, he was not sure about some jurisdictions that had done this before. Portugal, in 2000, was one of the jurisdictions that did this, and we have seen some record results in making things safer for them. We know those kinds of results could exist here in Canada. In regard to the second portion, making sure we have a non-partisan review of this issue and a non-partisan solution, I think that is a really good and encouraging statement to make.

My colleague from Courtenay—Alberni tabled Bill C-216. Would the member consider voting in favour of this important bill?

[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.