Mr. Speaker, I would now like to tell you about the Canadian Pharmaceutical Association, which also testified last May. The president of that association, Mr. Leroy Fevang, said: "We have four concerns: the uncertainty about the type of substances which will be affected by the bill; the extent of the administration and enforcement powers provided by the bill; the possibility that the bill will force pharmacists to give information in such a way as to almost incriminate themselves; and the uncertainty caused by the lack of information on the nature of the regulations and the lack of any mention of medication in the bill. The Canadian Pharmaceutical Association wants the act to specify clearly what substances a pharmacist can legally handle".
The association also wondered how we should define "stimulant effect". Do we even have a standard to measure it? If one definition could cover everything, would there be exemptions for people who can have unusual reactions? Who would decide what is a so-called psychotropic substance? How would this information be given to pharmacists in order to help them to start exercising some control over those substances?
The association mentioned, for example, the risk which a pharmacist would incur in selling or packaging over-the-counter drugs that are not listed in the act and have minor or unexpected effects that can be associated with psychotropic properties.
I will now discuss the second aspect, and I am referring to the wide-ranging powers given to inspectors appointed directly by the minister, powers which I think will perhaps not encourage but at least open the door to errors that would unduly penalize health professionals and their patients. Will the public be able to deal with the new responsibilities it has under this bill? And how can this legislation co-exist with the prerogatives of Quebec and the provinces for dealing with their respective jurisdictions?
Bill C-7 appears to grant quasi inquisitorial powers to the minister, through inspectors, adjudicators and justices. Last year, the Legislative Committee on Bill C-85 wondered whether the Canadian Civil Liberties Association and the Canadian Rights and Liberties Federation would have something to say
about the compatibility of measures provided in the bill with the Canadian Charter of Rights and Freedoms, especially in matters concerning the Criminal Code.
For instance, the committee had some questions about searches without a warrant. It seems that in 1984, in the Hunder and Southam case, the court ruled that a warrant was necessary, except under very special circumstances.
Bill C-7 provides for circumstances in which no warrant is required. It not only does that, but it also says in clause 29(1) that the minister may designate any person, literally any person, as an inspector for the purposes of this Act. These appointees will enjoy quasi inquisitorial powers. These powers are considerable and sufficiently broad to cover any kind of abuse, whether it is accidental, voluntary or the result of a conspiracy.
So the inspector is appointed by the Minister of National Health and Welfare. There are some questions about the minister's discretionary powers in this respect. First of all, this political appointment provides no guarantees that the inspector has the qualifications to perform his duties. Since the minister may designate anyone as an inspector, the appointment may be purely partisan.
The inspector's powers are considerable. According to clause 30(1) of this Act, "an inspector may, to ensure compliance with the regulations, at any reasonable time enter any place used for the purpose of conducting the business or professional practice of any person licensed or otherwise authorized under the regulations to deal in a controlled substance or precursor".
This article means that an inspector can visit and thoroughly search your doctor's office or your drugstore and all this without a warrant.
We understand that the intent of the bill is to give these powers to the inspector so that he can fulfil his administrative duties. But since the evidence that he accumulates could be used in a criminal court and a search warrant is required for any criminal proceedings unless there are very special circumstances provided for by the law, it seems to us that these circumstances should really be exceptional. However, the inspection powers go way beyond the principle that I just mentioned.
Let me explain to the House what we are talking about. We are talking about clause 30 concerning any person authorized or licensed under the regulations, such as the pharmacist, the doctor or the hospital.
Regarding these people, the search powers of the inspector are practically without any limitations, the warrant often being only required for a dwelling-place. The inspector can visit any place at any time that is convenient to him, he can search and examine any thing, including computerized data, he can use any computer or copying equipment in that place, without any compensation to the person in charge of that place, he can take away with him any thing that he wants and he can use force. Moreover, any person present in the place, including the patient, undoubtedly, is required to help the inspector and to give him any information without interfering with his work, even by omission. And I remind this House that the Minister can literally appoint anybody to that job.
I would like to mention also that this bill infringes on the jurisdiction of Quebec and the provinces. According to the Canadian Pharmaceutical Association, under the present system, the provincial governments grant pharmacists licences which allow them to sell and package pharmaceuticals. According to that Association, it is not necessary for the federal government to issue new licences for the sale and packaging of controlled drugs, as this could create duplication and even greater confusion.
Consequently, this bill infringes on provincial jurisdiction. For example, Quebec grants inspection power to the Corporation des médecins. The inspector working for the Corporation can, upon prior notice, visit physicians in their offices to make sure that everything is in agreement with common medical practice.
The Government of Quebec, like the governments of the Canadian provinces, also gives the syndic of the Corporation the power to inspect the practice of a physician when it receives a complaint alleging that the physician prescribed harmful drugs to a patient. This is true for physicians and pharmacists everywhere in Quebec and Canada. This part of the bill would allow the federal government to enter areas of jurisdiction of Quebec and the provinces.
Bill C-7 gives the Minister of Health and the Governor in Council increased powers. Clause 34, for example, gives the Minister, without prior notice to the person believed to have contravened the regulations, the right to make an interim order prohibiting the person from doing anything he or she would otherwise be permitted to do under their licence, permit or authorization. So, without knowing it, a licensee who has not yet received notice of the order issued and continues to carry on with the normal activities permitted under his licence, permit or authorization, becomes an offender.
Similarly, according to clause 43, the minister can designate any person as an analyst for the purposes of analyzing or examining any substance or sample taken by the inspector. As in the case of the inspector, this analyst can be appointed on purely partisan grounds and his appointment is no guarantee of his qualifications.
Another example is clause 55 of Bill C-7 which says the minister may exempt any person or class of persons or any controlled substance or precursor from the application of all or any of the provisions of this act or regulations, for medical or scientific purposes or if it is in the public interest. This ministerial discretion could have a major impact.
For example, the minister could feel forced to exempt some controlled substances because of the pressure put on him by scientific or medical lobbies, even though these substances could entail a potential threat to public health.
We must not forget that the scientific community can easily carry out research which is contrary to humanistic ethics, all in the name of science and of the sacrosanct well-being of humanity.
This bill also gives the Governor in Council, the cabinet in other words, various powers and authorities with regard to regulations. The Bloc Quebecois and all the stakeholders of the health community should therefore carefully examine the regulations that will be tabled.
Clause 54(1) gives the Governor in Council the power to make regulations for carrying out the purposes and provisions of this act, including the regulation of the medical, scientific and industrial uses and distribution of controlled substances and precursors and the enforcement of this act.
Paragraph h) of this clause provides that the Governor in Council may make regulations:
respecting the qualifications of persons engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class thereof;
Yet, in this clause giving major powers to the Governor in Council, we can see that paragraph c) encroaches on one of Quebec's areas of jurisdiction. This paragraph provides that the Governor in Council may make regulations:
respecting the issuance, suspension, cancellation, duration and terms and conditions of any class of licence for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV or V or any class thereof;
We must recall that pharmacists' sales licences are issued by the Government of Quebec and by the provincial governments. This is another case of federal interference in Quebec's and the provinces' areas of jurisdiction.
And while the bill gives some powers that are not obviously necessary, it does not seem to give the powers that would really be needed. Last May, Scott Neward, general counsel of the Canadian Police Association, told the legislative committee that there could be a potential problem. What would happen, he said, if a court objectively decides after the fact that the force used in locating the drugs was not reasonable? Although he admitted that the police could be liable to prosecution for ripping up a floor, he was concerned that the 10 pounds of heroin found under the floor boards could then be ruled inadmissible evidence. He concluded by suggesting that it should be made clear that any violation relating to that subsection should not affect the admissibility of evidence.
I am sure we all want the law to be without mercy for the so-called druglords, but is Bill C-7 up to that task? I am not so sure. For instance, why is there a double standard concerning cannabis offences? Carefully bear with me.
Mr. Paul Saint-Denis, senior counsel for the criminal law policy section of the Department of Justice, made the following remarks when addressing the committee:
The purpose behind creating a hybrid trafficking offence for cannabis was really not geared towards attacking the leaders of drug trafficking groups but rather to deal with the difficulty of court delays. By creating a hybrid trafficking offence for cannabis, it would be possible for prosecutors to prosecute by way of a summary conviction, and thereby reduce or eliminate access to jury trials and to preliminary hearings, thereby cutting down considerably on court delays. The entire purpose behind creating the hybrid trafficking offence for cannabis was not to attack drug trafficking ringleaders but rather to deal with the fairly complex issue of court delays, part of which is the result of mounting trafficking offences which linger in the courts because of the time it takes for them to get through the court process.
Obviously, this bill has not been properly thought through. It could potentially disturb honest people's peace of mind. We are rightfully questioning its ability to reduce drug use and trafficking.
I will stop for a moment. I voiced my concern earlier and attempted to speed up, but I still have a few pages left to read. I wonder if the House would allow me to go over my allotted time.