One of the concerns, too, is there is a challenge because you don't want to provide a false sense of security. In other words, people think that if they overdose, we have this treatment we can utilize. I think that communication is going to be so important in moving forward with these types of strategies.
You pointed out that there is a loophole or a challenge with the legislation. We also had Paul Saint-Denis, senior counsel in the criminal law policy section of the Department of Justice, who told the committee that the Department of Justice would have drafted the bill differently. Here is what he said:
The bill is drafted in a peculiar manner in the sense that it directs police not to charge, which is not something that we would typically do in terms of, certainly not in terms of criminal legislation.
We would suggest rather, if we were drafting it—if this were a government bill—that the person who meets the criteria here is not guilty of committing an offence rather than say that the police shall not charge. There are two reasons. One is, that is not the way we typically draft legislation. Two, we try to impose or restrict police discretion as little as possible.
In your opinion, should the bill be amended so that it reflects the wording described by Mr. Saint-Denis? Please explain why or why not. Would you be able to comment on that?