Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-2, an act to amend the Controlled Drugs and Substances Act. For members representing urban communities, like mine in Sudbury, this is a very significant and potentially dangerous piece of legislation, particularly as communities continue to see intravenous drug use taking place in outdoor public spaces.
There is also a very important public health component of this legislation, particularly as it relates to communicable diseases, such as HIV/AIDS. As the former co-chair of the HIV/AIDS and Tuberculosis Parliamentary Caucus, I think some of the concerns of people on the front lines of the fight against HIV/AIDS merit strong consideration before this legislation is allowed to move forward.
Let me begin by focusing my comments on what this legislation would seek to do and how the changes to Canada's regulatory framework surrounding safe injection sites may actually contravene the ruling of the Supreme Court of Canada on this subject. Essentially, what Bill C-2 is proposing is a complete reworking of the current framework governing safe injection sites in Canada by creating a lengthy and arduous list of criteria that supervised injection sites would need to meet before the minister would grant them an exemption to operate under the Controlled Drugs and Substances Act.
Among the numerous new provisions that would be included in the application process, many seem to be designed solely for the purpose of slowing down the process itself, while others, such as principles the minister must adhere to before approving an application, seem to be intended as a means of giving the minister unilateral power to accept or reject a new application. Essentially, these new criteria would make it much more onerous for organizations to open safe injection sites in Canada.
What is most troubling about this exhaustive set of new application criteria is the fact that this legislation seems to be an attempt to circumvent the Supreme Court's decision on this matter by creating a system that is so onerous and arbitrary that the minister could subjectively reject applications at his or her discretion.
In its 2011 decision, the Supreme Court of Canada ruled that the minister's decision to close Vancouver-based InSite violated its patients' charter rights and that the minister's decision was arbitrary, undermining the very purposes of the Controlled Drugs and Substances Act, which includes public health and safety. Here the court based its judgment on section 7 of the charter, and stated:
The infringement at stake is serious; it threatens the health, indeed the lives, of the claimants and others like them. The grave consequences that might result from a lapse in the current constitutional exemption for InSite cannot be ignored. These claimants would be cast back into the application process they have tried and failed at, and made to await the Minister's decision based on a reconsideration of the same facts.
Yet here we are, not even two years later, facing a subversive attempt to undermine the decision of the court with a bill designed to find a backdoor means of closing down supervised injection sites. For instance, despite already having the Supreme Court of Canada rule in favour of its continued operation, InSite will now have to once again apply for a section 56 exemption under the new criteria. This means that InSite is being asked to validate its existence once again and that the minister can still arbitrarily shut down the institution.
This speaks to the heart of why I am so concerned about the way this process is unfolding. Without pulling punches, it is clear that Bill C-2 is part of a larger attempt by the Conservatives to align all government policies and programs with their anti-drug and abstinence ideals. They are slowly removing all avenues for Canadians to safely address their addictions at safe injection sites and to access medical marijuana for therapeutic needs.
With the Conservatives' agenda, we are turning back the clock on public health achievements and community benefits gained from harm reduction programs that have been proven to be successful over the past two decades.
In an attempt to garner support for the bill, Conservatives have been suggesting that it should be passed, because it will help keep heroin out of our backyards. However, the bill will make it almost impossible to open safe injection sites. It will actually put intravenous drug users back into public spaces in certain communities and make it more difficult to safely remove this activity from communities that do not currently house a supervised injection site.
Let me use a local example from my great community of Sudbury to illustrate how backward the government's thinking is on this issue. The Point, Sudbury's needle exchange program, has for the last 20 years supplied clean needles to reduce harm to intravenous drug users. While the majority of those needles are returned after they are used, some still end up on the ground. This means that each year, as the snow melts across my city, the thaw tends to reveal hundreds of discarded needles in our city's parks, playgrounds, and other similar public spaces.
Some Conservatives might cite this as a prime example of why we, as legislators, should be making it more onerous for intravenous drug users to access clean needles. However, I believe that it underscores that we have not created an effective system that allows these individuals to access clean needles in a space removed from the public so that used needles are not carelessly discarded on our city's streets. Evidence from Vancouver's experience with InSite supports this belief, as there was a significant drop in the number of discarded syringes, injection-related litter, and people injecting on the streets one year after InSite opened.
While no organization in my community has thus far come forward with an application to open a supervised injection site, should one eventually come forward with an application, the government's desire to make the process more onerous would actually reverse course on a 20-year public health trajectory. It would once again lead to a higher threat from discarded needles, and more importantly, from the threat of deadly communicable diseases, such as HIV and AIDS.
I mentioned previously my involvement in parliamentary initiatives related to HIV and AIDS. Given this experience, I firmly believe that the most disturbing thing about what Bill C-2 is proposing is the impact it would have on the spread of communicable diseases. For instance, the Pivot Legal Society, the Canadian HIV/AIDS Legal Network, and the Canadian Drug Policy Coalition have jointly stated:
[Bill C-2] is an irresponsible initiative that ignores both the extensive evidence that such health services are needed and effective, and the human rights of Canadians with addictions.... It is unethical, unconstitutional and damaging to both public health and public purse to block access to supervised consumption services.
Once again, empirical evidence confirms the efficiency of supervised injection sites in preventing the spread of communicable diseases. Drug users who use lnSite are 70% less likely to share needles, and reducing needle sharing has been listed as an international best practice to reduce the rate of HIV/AIDS.
In conclusion, it is worth highlighting that safe injection sites currently operate in 70 cities in six European countries and in Australia. The experience in these cases, as with InSite, has been positive for drug users, because of health improvements; for the surrounding communities; and for reducing the transmission rates of HIV/AIDS.
By making the application process more onerous and arbitrary, the Conservatives are using processes as a means of clandestinely supporting their ideological beliefs regarding the morality of drug use, ultimately threatening more than 20 years of evidence-based public health policy. New Democrats support the use of evidence-based decision-making, and for this reason, I will not be supporting this ideologically driven attempt to skirt the decision of Canada's highest court.