Mr. Speaker, I am very pleased to have the opportunity today to speak to Bill C-2. Members will know how unusual it is for a member in my position in this House to actually get a chance to speak at second reading to any of the legislation. This is a particularly important piece of legislation, and I am pleased to stand here and urge that, when this piece of legislation goes to committee, the Conservative members should actually take on board significant changes, in a departure from current practice. In fact, the most important and significant change that could be made would be to withdraw this piece of legislation altogether.
Let me go back and review some of the history of how it is that we find this piece of legislation before us, as was described by my friend earlier, the member for Burnaby—Douglas. Vancouver is the site of North America's only safe injection drug site. It is absolutely a sign of progressive, science-based decision-making within the municipality of Vancouver and also within the province of British Columbia.
The InSite safe injection site in Vancouver, just to put it bluntly, bottom line, saves lives. That is what matters. The InSite safe injection drug site in Vancouver does not promote drug use; it does not increase the number of people in the criminal element, but it seeks to save the lives of those who are so unfortunate that they have become users of illegal drugs.
To cover some of the history, we know this whole area of public policy is known as “harm reduction”, and a safe injection drug site is designed to assist people get to care, get to help and avoid overdoses. The studies that have been done make it clear on any empirical analysis that this is cost effective, saves lives and is in the interest of public health. It has been found to work as a system. Safe injection drug sites have been found in studies by international agencies—the United Nations drug and illegal substances organization, the UN Office on Drugs and Crime, the World Health Organization and others—to have the kind of approach in harm reduction that works and saves lives. The specific data from the InSite site in Vancouver confirm all this.
Why do I bother to mention all of that? It is because the current bill before us, Bill C-2, really goes back to a failed effort by a previous minister of health in 2008 to shut down the InSite centre by refusing to extend its licence. As one can imagine, a centre that allows the safe injection of otherwise illegal substances does require an exemption to the Controlled Drugs and Substances Act. Back in 2008, the then-minister of health, currently the President of the Treasury Board, decided not to extend its licence. This was a decision taken in the absence of facts. It was taken in essentially a fact-free zone in which, unfortunately, too much of the legislation from the current administration resides. In this fact-free zone, it did not matter that InSite was saving lives; it mattered only that it involved illicit drugs and that there might be some scope here on an ideological basis, going along with an agenda that is generally described as “tough on crime”. In this case, it would be tough on people who have been unfortunate enough to become drug addicts.
Going back to the 2008 decision, that gave rise to several court cases that ultimately were resolved in the Supreme Court of Canada in a case of Canada (A.G.) v. PHS Community Services Society. The decision of the Supreme Court of Canada was handed down on September 30, 2011. What the court said was that the services of this InSite drug facility, for which the minister of health had refused to provide an extended exemption under the act to allow the site to continue to operate, were found by the Supreme Court to reduce health risks.
Further, the court said:
On future applications, the Minister must exercise that discretion—
This is the discretion the minister has to allow exemptions under the act. Then it continues:
—within the constraints imposed by the law and the Charter, aiming to strike the appropriate balance between achieving public health and public safety. In accordance with the Charter, the Minister must consider whether denying an exemption would cause deprivations of life and security of the person that are not in accordance with the principles of fundamental justice.
Those are very strong words from the Supreme Court of Canada. First, it said this harm reduction safe drug injection site in Vancouver was in the public interest and was necessary because it reduced health risks. In other words, the Supreme Court found on all the evidence that this safe injection drug site saved lives. It further found that, if the minister is looking at exemptions in future cases, the minister must turn his or her mind to the question of whether denying such an exemption would cause deprivations of life and security of the person and that there must be an appropriate balance between public health and public safety.
If there were a good-faith effort in Bill C-2 to find an appropriate balance between public health and public safety, then this piece of legislation would not have emerged. There is no attempt at balance here. Bill C-2 is, pure and simple, an attempt by the current ideologically driven administration to do indirectly that which the Supreme Court will not let it do directly. This is a convoluted attempt to make it impossible, or virtually impossible, for future ministers to approve any more exemptions to the Controlled Drugs and Substances Act to allow for safe injection drug sites.
Let me share with the House why I say that this is not a good-faith effort to find balance. This is a disguised attempt to shut down safe injection drug sites. In other words, it is an attempt, through the legislative process of this place, to let people die when we know how to save people's lives. That I find unconscionable.
If we look at subclause 56.1(3) of the act, which requires the minister to examine any application for an exemption—in other words, a permit to allow such a site to exist—it starts with a review for 26 different criteria. More than two dozen different criteria must be provided to the minister. Ironically—and I think we will all find this ironic—the first is scientific evidence. It is only by ignoring the scientific evidence that this particular administration wants to shut down such sites.
Scientific evidence must be provided, as well as letters from all and sundry, such as the police chief and local government. There must be surveys to consider what kind of local litter problems there are in the community. They must have statistics pulled together, which is again ironic from an administration that has shut down access to many statistics. It is a long and convoluted process.
I found the most stunning requirement was not the financing plan of how this would be self-sustaining, but at the early stage when anyone is applying to run such a site, the applicant must provide the name, title, resumé, relevant education and training of the proposed responsible person. In other words, before someone can even get permission to run such an operation, that person has to have staff ready and on site, and all of their qualifications must be put forward to the minister. Not only that, but the applicant has to have run extensive checks on the possibility that in any previous jurisdiction in which the employees have ever lived, they may have run afoul of the law.
On top of all the specific conditions and requirements for an applicant, there is the general (z) provision, which is “any other information that the minister considers relevant for the consideration of the application”. In other words, on top of these multiple onerous requirements before an application can even go to the minister, the minister can make up anything else that he or she feels like asking the applicant to provide.
If that was it, we could say it is important in any community to ascertain that the people who are running safe injection drug sites know what they are doing, that they are competent, that they have considered all the evidence and that it would be welcomed in the community. That is not necessarily unreasonable, but there is no balance. All the factors go against saying yes.
However, then we come to subclause 56.1(5), which is really putting the kibosh on any new site because the minister may only grant an exemption for a medical purpose if the applicant has taken into account certain principles.
Paragraphs 56.1(5)(a) to 56.1(5)(f) list principles that all go toward a thought process that leads to no. They must take into account that illicit substances may have serious health effects, that there are health risks, that there is a risk of increasing organized crime and that organized crime profits are part of the drug trade. There is no mention once that the minister should take under his or her consideration the fact that safe injection drug sites save lives. It is not even in the list of possible considerations for a minister. Therefore, after all the considerations are received and after all the hurdles to opening such a site, the list of principles under this act lead any minister to be forced toward saying no.
In other words, this bill is not about balance. This bill is a disguised prohibition on doing what the Supreme Court of Canada said we must do.