Mr. Speaker, thank you for allowing me the opportunity to speak to this bill.
The problem of the use of illicit substances and addiction and those who profit from it troubles the nation, troubles my constituents and, speaking as one who is elected to represent those same constituents, troubles me.
The use of illicit drugs has eaten away at the fabric of our society like a leprous plague. The illicit drug trade and those who live off its avails exact a heavy toll. They prey on that segment of our population that is most vulnerable, our youth, a prime target for those who deal in these drugs.
Drugs destroy families, they destroy careers, they destroy futures. They also destroy young lives. Perhaps most reprehensibly of all, while doing so they put cash into the hands of criminals.
In my practice as a physician I have personally witnessed many young people in families trapped in the cycle of drug dependency. I have worked with many of those families and young people to help them reclaim control of their lives. It is a difficult, frustrating and heart-rending struggle. I am therefore extremely sensitive to the consequences of drug dependence. It is not only a criminal issue, it is a health and social issue.
Realizing the need for action and recognizing that a widespread problem such as this requires a broadly based solution, the federal government launched Canada's drug strategy in 1987.
Canada's drug strategy is a comprehensive set of programs implemented with the collaboration of a multitude of partners and stakeholders. It was the first comprehensive step toward reducing the devastating and costly effects of drug and alcohol abuse to individuals, to families and to communities.
Canada's drug strategy was designed to address drug abuse in a balanced and co-ordinated manner. Emphasis was not only put on treatment and rehabilitation but it also addressed education and prevention.
Part of the strategy contains legislative components in the form of legislation intended to strip traffickers of their ill-gotten assets, legislation that recognizes the obligation of Canada as a signatory under three international conventions, and legislation that consolidates parts 3 and 4 of the Food and Drug Act and the Narcotic Control Act.
All components of phase 1 of the drug strategy are now in place with the exception of the legislation implementing the convention. This controlled drugs and substances bill is the final component of our drug strategy.
Canada's drug strategy is based on the recognition that we must maintain a balanced approach when dealing with substance abuse. Two hundred and seventy million dollars over five years have been dedicated to the reduction of use and to the reduction of supply.
The strategy allocates 70 per cent of its funds to reduction among users. This covers treatment initiatives, rehabilitation, education and prevention. The other 30 per cent is dedicated to enforcement activity.
Bill C-7 provides the necessary legislation to support the resources dedicated to enforcement. Bill C-7 is the third and final significant piece of legislation to ensure that the strategy succeeds. It must therefore be seen as part of the whole strategy and not in isolation.
Within my department alone programs have shifted to focus on new target goals. The federal component of the strategy falls under the responsibility of many departments, health, justice, Solicitor General, finance, external affairs, and national defence.
Canada's drug strategy secretariat is co-ordinating the promotion and evaluation of programs among these departments.
The community support program allows community groups to develop solutions specific to their substance abuse problems and we also have programs to address the unique problems of our native peoples, especially solvent and inhalant abuse, and the department has also introduced the national native role model program.
While the controlled drugs and substances bill constitutes a necessary tool to prevent diversion of drugs it also contains provisions to ensure that drugs intended for medical, industrial or research purposes are made available to those who need them.
This bill would be beneficial to all Canadians in that it would provide them with additional protection against the serious consequences of drug diversion.
Without such legislation drugs would be more subject to thefts and robberies. Drugs would be more easily accessible in the streets. People would be more vulnerable to the consequences of illicit drug supply.
Contrary to some assumptions, this bill is not indifferent to treatment programs, especially for those who are drug dependent. As a physician I support the availability of help and appropriate tools for those who seek to get back to a normal life.
My government is sensitive to the medical and social consequences of drug addiction. The department of health will continue to grant methadone authorization for the treatment of drug dependence. Methadone is a controlled drug and its use well recognized in the medical community.
The methadone program has the full support of the government. This is an initiative directed at use reduction. It assists many opiate abusers to re-establish a constructive life by promoting rehabilitation, reducing health risks and costs to the community.
The department of health will continue to encourage and make available methadone treatment for appropriate patients. Bill C-7 was criticized for not providing drug dependent persons who have committed criminal offences with access to treatment. My government is very supportive of rehabilitation.
Although the bill does not provide for mandatory rehabilitation treatment, the courts have always taken into consideration as part of a sentence the rehabilitation aspect of persons convicted of drug crimes.
The bill does not go against such a practice. It is commonly accepted as a criminal law notion. Rehabilitation has been identified by jurisprudence of the last decade as being an integral part of any sentence rendered in Canada.
We must also take into consideration the necessity for patients first to be referred to qualified health care professionals so that sound assessment and appropriate treatment programs are available to meet their needs.
Drug dependence is a complex health issue. It requires professional diagnostic treatment and rehabilitative interventions. Motivation on the part of the patient is a crucial element in the success of treatment. The bill itself cannot determine who is a good candidate for treatment and who is not. The courts have the opportunity and responsibility to exert discretion and to refer candidates for treatment to qualified health care professionals.
However my government is supportive of all programs aimed at decreasing the dependency and disastrous consequences of illicit drug use.
The department of health is responsible for the national AIDS program. A great deal of thought has therefore been given to the spread of AIDS through intravenous drug use. We are convinced that the strategies used to curb the spread of HIV among drug users will enhance our efforts to reduce drug use in Canada by linking drug users with health professionals and treatment programs.
Needle exchange programs were used successfully by many communities to reduce the spread of HIV. Sections of the Criminal Code dealing with drug paraphernalia have specifically been excluded, such as medical devices such as needles, from the statutory definition of instrument for illicit drug use, thereby allowing for the distribution of sterile needles by health professionals to known drug users who are at risk of AIDS.
It therefore follows that the critical path for a drug free future lies in prevention and rehabilitation, but we also have an escalating problem today that must be recognized and dealt with promptly. We must give law enforcement professionals the tools they need to deal effectively with those who continue to prey on the addicted and on the young would-be addicts.
If we are serious about advancing the broader social goal of maintaining safe and peaceful communities, we must promote law enforcement now. The youth of Canada are of primary importance in my government's platform. They are the key to our country's future.
My practice as a physician has put me in constant contact with our youth. I am also the mother of three sons. I understand the daily difficulties our young people face, their hopelessness and their vulnerability. This makes them prime targets for those in
the drug trade who prey on that vulnerability. It is in order to protect our youth that I support the bill.
The controlled drugs and substances bill addresses the problem broadly. It broadens the scope of controlled substances with certain other provisions and consequently will make it more difficult to reach children. Drug dealing in and around schools, sales to minors and use of the services of a minor during a transaction will constitute an aggravated factor at the time of sentencing. This means that judges will have to justify their decisions for not imposing a jail sentence on a dealer.
Right now as we debate the bill designer drugs have the identical basic properties of the more familiar substances such as stimulants, tranquillizers and pain killers. Only their chemical properties have been slightly altered. The result is that these substances are not covered by the existing legislation and can be sold with impunity. They cannot be subject for prosecution until they are included in the schedule of drugs. Under the bill law enforcement officials will no longer have to wait for these drugs to appear on a statutory schedule in order to stop criminals from selling them.
Then of course there is the problem of so-called precursors which are legal substances used in the manufacture of illicit substances. They can be obtained right now in large enough quantities through various legal means. My government is concerned about the current lack of legislation governing precursor chemicals. We are concerned that Canada may be a conduit for precursor chemicals. We have become a weak link in the chain of drug control among the signatories of the international conventions because many of these precursor substances are not yet controlled in our country.
Lack of effective control over benzodiazepines is another issue of concern. There is more pressure than ever from our co-signature countries for Canada to bring on more effective legislation. The Controlled Drugs and Substances Act is the much needed legislation to respond to these issues.
I would like to respond to the other criticisms raised by members of the opposition during recent debate of the bill with regard to its perceived impact on certain health care professionals.
The absence of regulations for these groups was identified as a fundamental impediment to obtaining the full impact of the legislation. The activities of pharmacists, physicians, dentists and veterinarians are currently subject to regulations under the Narcotic Control Act and under parts III and IV of the Food and Drug Act. The regulations under the new legislation will not differ substantively from those that currently apply to prescribing activities under the existing legislation.
One of the purposes of the regulation making power in the bill is to enable the government to respond quickly and appropriately to changing professional practices. Any substantive changes in regulations will only be made following full consultation with all affected professional parties, using a regulatory consultation process that has been used for years by the department of health.
Both the Official Opposition and the Reform Party members suggested that there would be inconsistencies between various provisions of the bill and the Charter of Rights and Freedoms, particularly with regard to the powers of inspectors. We do not believe this is so. Inspections referred to in the bill are inspections conducted to determine whether regulated persons are complying with the requirements under which they must carry on their business or their professional duties.
There are many acts, both federal and provincial, which confer broad powers of entry on inspectors in the interests of ensuring public health and safety. These are not criminal law provisions; they are really administrative provisions.
For example, an inspector performing an administrative seizure under section 30 of the act would not be able to use the seized substances as evidence before the courts. Similar provisions have been in force in Canada under federal drug control legislation for over 80 years. They effectively establish a federal regulatory scheme that governs the distribution and use of schedule drugs in Canada in a manner that limits their diversion to the illicit market and consistent with Canada's international obligations under the United Nations drug control convention.
I would also like to respond to the concerns raised by both opposition members of Parliament about the powers given to the minister. All hon. members should be aware that one of the ultimate goals of the department of health is to ensure the safety and to protect the health of all Canadians, and to reassure them that they are protected by giving Parliament the means to do so. To that effect the legislation must contain the appropriate prevention measures.
For example, as a member of the opposition mentioned, the minister may make an interim order cancelling or suspending an authorization when the minister is of the opinion that as a result of a contravention of a designated regulation there is a substantial risk of immediate danger to the health or safety of any person. This has been going on for years. The legislation protects not only the population; it also protects the health professionals.
Contravention of designated regulations gives rise to a hearing before an adjudicator. This is indicated in part IV of the bill. It may result in a ministerial order which should effectively prevent a recurrence. A person who is believed to have made a
contravention is given the opportunity to set out a date of hearing and to make representation. This adjudication mechanism would protect the rights of individuals, show respect and allow transparency.
A breach of these designated regulations would not result in a criminal type penalty of fine or imprisonment. Administrative sanctions would be handed down by the minister and not by a criminal court.
Another area of criticism relates to the impact of the bill on physician-patient and pharmacist-patient relationships and confidentiality. Both opposition members identified access to the confidential files of patients as an unacceptable interference in the private lives of honest Canadians, and I agree. However there is very little new in the bill that gives rights to the minister that have not been there before.
For over 30 years under the narcotic control regulations the Minister of Health has had the legislative authority to require a practitioner to provide information concerning a patient treated with narcotics to the Bureau of Dangerous Drugs. This information could include the diagnosis, history or prescribing information relevant to the patient. This has been going on for years.
We have now given inspectors the appropriate tools they need to ensure that health professionals comply with the regulations and to ensure that the public is protected from the hazardous consequences of drugs. The inspectors are also health professionals bound by rules of confidentiality. They are important resources for the department of health and for the Canadian population. They also ensure that the facilities used in the distribution of drugs are secure.
Legitimate program activities required under the current and proposed legislation to protect public health and safety will ensure that patient confidentiality is fully maintained. Any information obtained is subject to the Privacy Act. This prohibits its use or disclosure by any official, except in accordance with that act. The Privacy Act ensures that all information collected by the federal government for program purposes is treated confidentially.
Concerning so-called doctor shopping or double doctoring offences official opposition members cited evidence given by the Canadian Medical Association to the legislative committee which examined Bill C-85. They argued that Bill C-7 would be unsatisfactory to doctors. This criticism from the Canadian Medical Association was accepted by the committee and the provision in the bill was changed, in essence to revert to the existing section found in the Narcotic Control Act. As a result the revision now refers only to persons who receive prescriptions from doctors. The act of providing the prescription in this circumstance is not considered a trafficking offence.
We understand the use of illicit substances is a complex problem and requires a multifaceted approach of prevention, treatment, rehabilitation, legislation and punishment. The complete Canada drug strategy addresses all these issues. Bill C-7 deals with the legislative components.
We all understand the regulation of controlled substances is a complex matter which requires a carefully constructed legal basis in order to be effective, judicious and fair. I believe the bill is the most appropriate instrument for administering the laws and regulations we need. We are dealing with an aspect of societal problems which demands proper protection of the innocent, the inexperienced, the young and the vulnerable. It also demands forceful prosecution of the exploitative, the criminal and the ruthless.
I believe the bill strikes just the right balance between these two requirements. While we continue to minimize harm through education and prevention and while we continue to show compassion for victims through treatment and rehabilitation, we must also strike at the criminal heart of the problem. In passing the bill we as parliamentarians would be making our contribution to the battle against drug abuse now and well into the future.