Bill C-238

An Act respecting the French language

This enactment amends the Canada Labour Code , the Official Languages Act and the Canada Business Corporations Act to ensure that these Acts are consistent with the Charter of the French Language in Quebec.
It also amends the Citizenship Act to require that permanent residents who ordinarily reside in Quebec must have an adequate knowledge of French in order to obtain citizenship.

Criminal Code

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

Madam Speaker, I want to thank my colleague who tabled this bill for bringing it forward and for recognizing that we must do more to support people dealing with substance use disorders.

As we know, Canada is experiencing multiple crises: a mental health crisis, a toxic drug crisis, a housing crisis and a worsening affordability crisis. There are links between these crises, and they are impacting the quality of life for Canadians in communities across the country. It is incumbent upon us, as parliamentarians, to present and debate solutions so we can move forward in the best interests of Canadians.

In developing possible solutions, I believe it is critical to listen to both experts and those with lived or living experience. Last year, I was honoured to be named the NDP critic for mental health and harm reduction. I promptly tabled Bill C-216, the health-based approach to substance use act. This bill was aligned with the recommendations of the expert task force on substance use that was commissioned by Health Canada to make recommendations on federal drug policy.

Earlier this year, as I travelled across the country to speak to Canadians about Bill C-216, I had the opportunity to meet with many individuals directly affected by the toxic drug crisis, either personally, through someone they love, or because they were working on the front lines. I consistently heard that we need more supports for people struggling with mental illness, trauma, problematic substance use and housing precarity.

I also heard that there is no silver bullet. We know these are complex issues that require multi-faceted solutions, such as investing in the social determinants of health like housing and income security, increasing the focus on prevention and early prevention, and making a full range of mental health and substance use supports available on demand.

While Canada is facing an intersecting crisis, we are not making adequate investments into urgently needed solutions. Relative to the disease burden caused by mental illness, and compared to some of our G7 peers, Canada is underspending on mental health. France spends 15% of its health care budget on mental health, whereas the U.K. spends 13%. By comparison, mental health spending makes up between 5% to 7% of health care budgets in Canada, depending on the province or territory, so underinvestment in prevention and evidence-based care has come at a tragic cost to our communities.

Canada has now lost more 30,000 lives since 2016 because of drug poisonings, in addition to more than 44,000 hospitalizations. This public health emergency has been escalating for seven years, yet the government has only committed $800 million to date for its substance use and addictions program. Meanwhile, the expert task force on substance use found that current ineffective policies are costing us billions every year in health care, policing and criminal justice expenses.

I appreciate the bill's intent. It seems to provide a route of access to treatment for those with substance use disorders and reduces the impacts of problematic substance use on individuals and their communities. However, I have some concerns about some of the assumptions that may have been made in formulating the bill, and I cited some of them earlier, as well as how it may play out in practice if passed.

In doing research and consultation on this bill, a theme that has come up consistently is that prisons are currently places of punishment and not care. The United Nations Nelson Mandela rules provide that the quality of health care provided to incarcerated persons must be equivalent to that available to the general population. However, concerns have long been raised about the quality of care in Canadian prisons and inherent conflicts that arise when correctional authorities are responsible for delivering health care.

Catherine Latimer, the executive director of the John Howard Society of Canada, has explained this conflict as follows, “Whenever you have correctional authorities delivering health care, there’s going to be irreconcilable conflict between the institution and the health-care needs of the individual”. She continues, “Security issues will always trump the health needs of the individuals.”

Emilie Coyle, the executive director of the Canadian Association of the Elizabeth Fry Societies, echoed that perspective in conversation in my office and commented that, if we try to insert care into prisons, people will continue to be harmed by our overly punitive prison systems.

Today, my office spoke with an individual with lived experience of opioid use disorder and criminal justice involvement. This individual is now doing advocacy work in recovery and shared the perspective, “Prisons do not breed success.” Indeed, the shortcomings of mental health care in federal penitentiaries has been well documented, such as reports by the correctional investigator and the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Before establishing a regime of designated addictions treatment facilities in penitentiaries that will necessarily require significant investments, it is important to pause and ask: Where can someone get the best care? Where will they receive care that is evidence-based, trauma informed and culturally appropriate? Where are they most likely to achieve their treatment or recovery goals?

The answer we have heard consistently from those working with incarcerated individuals or with lived experience is that people are better served by accessing mental health and substance use care in their communities. Unfortunately, across Canada, there are barriers to accessing community-based mental health and substance use services, such as stigma, out-of-pocket costs, lengthy wait-lists, admission criteria and lack of detox facilities. Last year, the Expert Task Force on Substance Use recommended that the government make significant new investments to provide supports to people who use drugs, but that call has not been heeded, and the level of funding committed to date remains inadequate to meet the needs in communities across the country.

I welcome the opportunity to work with the member on initiatives that will remove barriers to substance use treatment and recovery services so that all Canadians can get the support they need in their communities. No one should have to go to jail to get help. That is just a fact.

I am also concerned that the bill may prevent people who want help from accessing it. In its current form, the bill proposes to exclude individuals convicted of certain offences, including drug trafficking offences, from its scope. This seems to ignore the fact that some individuals with substance use disorders become involved in subsistence trafficking. Exclusions in the bill could create barriers to accessing treatment in federal prisons.

Indeed, the individual with lived experience I spoke of earlier would not have benefited from the bill, having been convicted of trafficking. He was, fortunately, able to access treatment prior to sentencing and while in recovery, he has remained gainfully employed and involved in community service. After reviewing the bill, he asked how many people serving federal sentences might benefit from the bill, given the excluded offences. It is a good question, and a question that needs to be answered.

While I appreciate the bill's intent to create pathways to treatment, I think we must be careful to avoid introducing new barriers. We must also think about where we can make criminal justice reforms and investments in substance use services that will increase the likelihood of successful outcomes.

I really want to thank the member for prompting this debate. I look forward to further dialogue with my colleague and other colleagues in the House. We have to work together. This is a parallel crisis right now, which we have been dealing with throughout COVID, and the government has not paid enough attention to it. It has not acted with a sense of urgency. People's lives are at stake. This is impacting our communities, our health care system, penitentiaries, policing and the judicial system. Most of all, it is impacting people's lives and those of their families.

Again, I look forward to working with all members in the House to try to provide solutions so that we can tackle this crisis. It does require a sense of urgency and immediacy.

[Rob Morrison, Conservative, Kootenay—Columbia, BC]

Madam Speaker, I thank my colleague from Kelowna—Lake Country for her work on this important legislation.

At its core, Bill C-283 is about ensuring those with addictions are provided the help they need. It is also about providing their loved ones with peace of mind. Those addicted to drugs are someone's mother, father, sister, brother, son, daughter or friend.

I will be reading this speech not only as a parliamentarian but also as a dad. Heather and I are proud parents to five adult children. There is nothing we would not do to ensure their well-being, peace of mind and security. I am so proud of each of them.

My family has struggled with opioid addiction for 20 years. We empathize with all Canadian families who have suffered at the hands of addiction. Heather and I are not alone. Canadian families are not alone. Those listening right now who are struggling with addiction are not alone. In fact, I do not believe there is a single individual in this chamber who has not been touched, in some way, by cocaine, crystal meth, heroin, fentanyl or other opioids.

It has been said that having a child is like having one's heart walk around outside one's body. There are mothers and fathers across this country who are startled awake in the middle of the night by the sound of a jacket zipper, a floor creaking or a door opening. They are all sounds familiar to parents of a son or daughter who is leaving to use drugs.

These moments give way to sleepless nights wondering if that child will make it home safely. These fears last a lifetime. My heart goes out to those who suffer from addictions and their families who bear the weight of the stress and worry that comes with caring for loved ones suffering from addiction. The road to recovery, of which I have both professional and personal experience, is a very difficult and long commitment.

Before I go any further, I would like to make an important distinction for all colleagues in the House.

Those who suffer from drug addiction deserve our compassion and care. Those who repeatedly break the law or have no regard for the safety of those around them deserve to be arrested and dealt with through our court system. Those found guilty of crimes should go to prison where they can seek out and be provided the help they need. This is precisely where our system is not working, and it is where the bill can make an enormous difference in the lives of Canadians.

Sending an addicted individual to prison without providing them with dedicated access to the programs and services they need to recover is futile. Addressing the core cause of their crime, addiction, in meaningful ways is what will put an end to recidivism and allow many Canadian families to heal. Addressing addiction when an individual is convicted of a crime or when the addiction is the cause is precisely where this legislation can make an extraordinary difference.

Canada's approach to addressing drug use, addiction and associated crime has not been successful, and my constituents are concerned the government is out of touch with what is happening on the ground in communities across Canada. Canadians are concerned about legislative decisions being made on matters pertaining to prostitution, guns and drug-related crime. My colleagues on the justice committee know this all too well.

We do not need to look very far in my riding of Kootenay—Columbia to see this in real time. The city of Cranbrook was once a quiet, mountain town. Today, it is the home of a tent city, with an exploding homeless population and rising crime. Criminals are wreaking havoc on other homeless individuals, our youth, families and businesses. Stories of paying it forward have been replaced in the news by stories of intimidation, theft, vandalism, physical assaults and shootings. Young people are afraid to go to work for fear of physical harm and children are no longer free to explore their sense of adventure in certain areas of the city.

This is a problem born out of the current provincial and federal policies, and there is not a single city council in Canada that would be able to solve this problem. Municipal leaders across British Columbia, such as Vancouver, have called on the government to act on addictions and the associated revolving door of crime caused by convicted criminals being released without action, or worse, being released without addressing their addiction during sentencing.

B.C.'s Urban Mayors' Caucus identified mental health and substance treatment as a priority for the federal government to address. Earlier this year, the B.C. attorney general acknowledged there was an increase in the number of no-charge decisions from his office and blamed the federal government for his actions. He referred to Bill C-75, which talks about using the principle of restraint for police and courts to ensure that release at the earliest opportunity is favoured over detention. What this equates to on the ground is prioritization of the offender over the victim.

While there are some who are uncomfortable with labelling prolific offenders, let me help clarify. Individuals who are convicted of 50, 75 or 100 or more offences have a prolific record, and they have been through the revolving door of our catch and release justice system too many times. This has to stop.

Our laws are meant to protect law-abiding citizens as well as those who protect and serve. To send an offender back on the streets to cause harm or break the law for the 78th time is not a solution that is working and, to be frank, it is a slap in the face to victims. However, if the offender, instead of being released to cause further harm or sent to prison to become more hardened, was sent to a designated treatment facility, we would have an opportunity to address the root of the crime.

Canadians are asking for help. We are here today offering real solutions to real problems that will make a difference in helping addicted individuals deal with real pain. Mental health and addiction may be the single largest challenge of our time, and I know all members of this House want to do more for those struggling with these issues.

Bill C-283 is an opportunity to do just that. The bill proposes a different program for addiction treatment while incarcerated, and this means the necessity for rehabilitation while serving a sentence. At the core, this is about treating addiction in an effort to stem the crime, or in other words, addressing the root cause of the issue. The approach is a positive solution for rehabilitation, resulting in individuals being able to make a positive contribution within our communities.

The bill would amend the Criminal Code of Canada to support two-stream sentencing, both of which would have the same sentence time. However, the individual would be called upon, being provided a choice by a judge, to choose between the current system or a designated treatment facility. The bill would not provide criminals with a pass on prison, but rather bridges correction and treatment for those who have entered the system because of drug addiction and are choosing to participate in recovery.

Addiction numbers in B.C. and across the country are growing, with many individuals entering the correctional system who may be better served with the opportunity to address the cause of their criminal activity. The purpose of an addiction treatment facility is to provide the individual access to the program for treatment in relation to the substance use, as well as to other related services that will address specific needs. Individuals may be sentenced to serve in a designated facility if there is evidence establishing a pattern of repetitive behaviour by the individual that indicates problematic substance abuse.

This brings us to the tragic and preventable loss of Constable Shaelyn Yang, who was sadly murdered while courageously helping those who suffer from mental health and addiction. Mayors from cities across B.C., including Burnaby, have complained publicly about the catch and release justice system.

Last week, the leader of the official opposition asked what policy changes the Prime Minister would be willing to make to put this crime wave to an end. I suggest to all members this bill is an important part of that suite of tools needed to address addictions. We cannot turn back time and prevent the senseless loss of Constable Shaelyn Yang, but we can act to prevent future murders. I invite all colleagues to join me in supporting this legislation.

The bill would validate and begin to repair the legitimate ongoing concerns of families, communities and indigenous communities. Further, it would serve as an important tool to address the general mental health and welfare of those who participate, with an aim to help make a better future for young Canadians struggling with addictions. Those struggling with addiction deserve treatment and recovery.

Successful crime prevention starts with our youth and must continue throughout their lives. Education programs can be successful if delivered at the right times.

As we consider Bill C-283, I would ask each of us to look through the eyes of Constable Shaelyn Yang and do right by the victims, the victims of addictions, the victims of crime and the victims, the family, of those who have lost a loved one. Finally, may we see this through the lens of a mother, father, sister, brother and friend who are desperate for their loved ones to get help before it is too late.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is really quite nice to be able to stand and talk about an important issue. I am reflecting as I am listening to many of the comments, and kind of wish that maybe we could have had a little more time to have the debate, as there seems to be a very high level of interest in an issue that has had an impact in every region of our country.

What I want to do, in recognizing how important our judicial system is and the way in which incarceration works, is to try to bring a slightly different perspective. For many years I served as chair of the Keewatin youth justice committee. I had the opportunity to work with the community and with young people dealing with a wide spectrum of issues. I bring that, along with the fact that I was the justice critic for a short period of time in the province of Manitoba.

I would suggest that in dealing with the magnitude and severity of the issue, we need to look at it in a very holistic fashion, to recognize that there is provincial jurisdiction, federal jurisdiction and even municipal jurisdiction, not to mention the many different stakeholders out there, all of which want to be able to contribute to making life in our communities better and safer. A part of that is recognizing that there are things that take place in society that we should all be concerned about, and that we all have a role to play. The private member's bill provides us the opportunity to share some of that.

I want to pick up on a couple of things. Over the last number of years, we have seen many different initiatives brought forward by the government, whether it is national legislation or budgetary measures, that are actually having an impact. I do not say that lightly. I often get grants across my desk that have been approved that are going to support non-profit organizations. I see legislation dealing with issues such as minimum sentencing, trying to deal with the high percentage of indigenous and Black members of our communities. These are the types of issues that make a difference.

I look at the individual. I have had an opportunity to walk with the Bear Clan in the north end of Winnipeg. I know others in this House have also walked with the Bear Clan in the north end of Winnipeg. I always find it interesting when we really look into who the people are who make up the Bear Clan. There are some absolutely incredible volunteers. There are people who come from the community itself, from in and around Winnipeg and from many different professions.

The ones who interested me the most on the walk I took in particular were some of the drug addicts, who were having a difficult time. It made me reflect on a program I had taken many years ago on the impact of crack. It was truly amazing what an addiction could do, particularly to a young person. Crack does not discriminate. There was this relatively young lady who, as a result of being fed into an addiction, ultimately compromised her opportunities in life and lost a lot.

In many situations like that, what we will find is that there are people breaking the law to deal with the addiction they have. I would like to believe that it is somewhat controllable, but just the sheer size and magnitude of the problem dictates that no one level of government or community stakeholder will be able to deal with the severity of the problem. It is just too big.

If members want to get a better sense of its magnitude, I invite them to take a walk with the Bear Clan. Members will get a better sense of the magnitude if they visit some of the youth to sit down and have that conversation about the barriers in place. It is hard to talk to someone who thinks there is no reason to have hope because of the environment they are growing up in, where addictions and crime are prevalent far too often. As well, there is an impact on their community.

When we talk about treatment, the very best we can do is to develop programs that will prevent individuals from going into our jails. Next to that, we must ensure that programs are developed and supported the best way we can, which will prevent people from returning to be incarcerated. There are many things we could actually do.

I am a big fan of community-based efforts where the community itself gets directly involved. That is important for us to continue to look at. Whenever we talk about treatment programs, in my opinion, we need to put a lens of community involvement in what and how they can be engaged, along with the many stakeholders.

[The Assistant Deputy Speaker, Carol Hughes]

The hon. member's time is up.

The time provided for the consideration of Private Members' Business has now expired and the order is dropped to the bottom of the order of precedence on the Order Paper.