House of Commons Hansard #26 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was cyberbullying.

Topics

Support for Young CanadiansPetitionsRoutine Proceedings

10:15 a.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the second petition is from residents of Edmonton, Fort McMurray, and St. Albert. They are petitioning the House of Commons to support young Canadians.

The petitioners bring to the attention of the House that after 50 years of economic growth, youth should not have to accept less than their parents did. They should not have to accept lower wages, weaker pensions, less secure health care, and less affordable education. The petitioners call upon the government to address youth unemployment, which is now twice the national average, and to stop gutting environmental protection and ignoring climate change. The petitioners call upon the government to change its policies to build on the skills, aspirations, and potential of today's youth, instead of dumping an ever-increasing social, economic, and ecological debt on the backs of future generations.

The EnvironmentPetitionsRoutine Proceedings

10:15 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I have a petition signed by dozens of Canadians, particularly out of the Toronto area, declaring their opposition to the Enbridge northern gateway pipeline, a pipeline that would carry raw bitumen 1,100 kilometres from the Alberta oil sands across a bit of Alberta but mostly British Columbia to the B.C. coast, where it would then be put in supertankers.

The petitioners of this particular petition out of Toronto call upon the federal government to put an end to this practice of allowing such dangerous products to travel through an unregulated environment that the current government has created by stripping environmental laws and protections for the Canadian people. The petitioners call upon the government to respect the 1972 supertanker moratorium that has been protecting B.C.'s coast for more than a generation.

Sex SelectionPetitionsRoutine Proceedings

10:15 a.m.

Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, I am proud to present a petition on behalf of constituents from Provost, Vegreville, and Marwayne.

The petitioners condemn discrimination against females occurring through gender selection abortion. They note that CBC revealed that ultrasounds are being used in Canada to determine the gender of an unborn child so that girl children, female children, can be aborted. The petitioners call upon the House to end this practice and to condemn this practice of sex-selective abortion.

Questions on the Order PaperRoutine Proceedings

10:15 a.m.

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, Question No. 15 will be answered today.

Question No. 15Questions on the Order PaperRoutine Proceedings

10:15 a.m.

Liberal

Geoff Regan Liberal Halifax West, NS

With regard to the Standards Council of Canada (SCC): (a) does the SCC consider the Canadian Standards Association (CSA) a commercial entity or a regulatory entity; (b) does the SCC believe that CSA owns any portion of Canadian law; (c) does the SCC believe that the CSA is afforded an exemption, or exemptions, to Canadian law; (d) does the SCC believe that the CSA has the right to restrict public access to Canadian law; (e) what is the average annual value transferred from CSA to provincial governments in payment for those contributions; (f) what percentage of CSA members’ payments for Canadian Electrical Code (CEC) influence are diverted to non-CEC activities; (g) does the SCC believe that the CSA practice of trading influence over, or control of, legislative processes in exchange for money or other value consideration is a violation of law; (h) does the SCC believe that the CSA practice of leveraging regulatory authority for commercial advantage is an abuse of regulatory authority; (i) what is the increase in annual revenue experienced by CSA, expressed both in percent and in Canadian dollars, resulting from this decision to tighten the Code development cycle by 25 percent; (j) what is the average annual value of royalty payments made to CSA by each of the government of British Columbia and the government of Ontario in exchange for the right to print the statutes that CSA claims to own and that these jurisdictions have passed into law; (k) does CSA provide access to Canadian law at different costs to different customers according to the values that these customers have at various times paid to CSA; (l) does the SCC assure Parliament that CSA does not leverage any value in any form, including contributions of content and labour, from activities related to the CEC for any of its commercial developments including the CSA Handbook; and (m) does the SCC believe that articles and documentation that are developed as part of a legislative process and that are to constitute part of law in any jurisdiction of Canada may not be concealed from the public for purposes of commercial advantage or financial gain, nor may they be leveraged preferentially, by time or by access or by other advantage, by any entity for purposes external to the legislated passage of those articles or documentation?

Question No. 15Questions on the Order PaperRoutine Proceedings

10:15 a.m.

Port Moody—Westwood—Port Coquitlam B.C.

Conservative

James Moore ConservativeMinister of Industry

Mr. Speaker, with regard to (a), the Canadian Standards Association, CSA, is not a regulatory entity. CSA is a not-for-profit membership-based association.

With regard to (b), CSA develops voluntary standards that address a variety of needs. CSA contributes to the Canadian regulatory system through its standards, which are referenced in federal and provincial regulations by regulators. There are hundreds of voluntary standards from various standards development organizations, SDOs, incorporated by reference in Canadian regulations. SDOs maintain the intellectual property and copyright of voluntary standards that are referenced in regulations.

With regard to (c), standards development organizations maintain the intellectual property and copyright of voluntary standards that are referenced in regulations.

With regard to (d), standards by nature are proprietary to the standards development organization and, as such, must be purchased at cost unless an arrangement is made with the regulation-making authority or government for free public access to the standard.

With regard to (e) and (f), the Standards Council of Canada, SCC, is not privy to the financial details of CSA and is unable to provide this information.

With regard to (g) and (h), SCC is not in a position to respond to this question, given that this element is not under the purview of SCC.

With regard to (i) and (j), SCC is not privy to the financial details of CSA, and is unable to provide this information.

With regard to (k), SCC is not privy to the financial details of CSA, and is unable to provide this information.

With regard to (l), the Canadian Electrical Code, the CEC, is published by CSA. CSA is an entity separate from SCC; hence, SCC cannot provide the requested assurance, given that this element is not under the purview of SCC.

With regard to (m), standards by nature are proprietary to the standards development organization, though they may be leveraged to meet public policy objectives, being incorporated by reference in legislation. There may be costs involved in accessing copyrighted material that is incorporated by reference. Consequently, standards may need to be purchased, unless an arrangement is made with the regulation-making authority or government for free public access to the standard.

Questions on the Order PaperRoutine Proceedings

10:15 a.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Furthermore, Mr. Speaker, I ask that the remaining questions be allowed to stand.

Questions on the Order PaperRoutine Proceedings

10:15 a.m.

The Deputy Speaker

Is that agreed?

Questions on the Order PaperRoutine Proceedings

10:15 a.m.

Some hon. members

Agreed.

Motion No. 4Ways and MeansGovernment Orders

10:15 a.m.

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved that a ways and means motion to introduce an act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement be concurred in.

Motion No. 4Ways and MeansGovernment Orders

10:15 a.m.

NDP

The Deputy Speaker NDP Joe Comartin

Is it the pleasure of the House to adopt the motion?

Motion No. 4Ways and MeansGovernment Orders

10:15 a.m.

Some hon. members

Agreed.

Motion No. 4Ways and MeansGovernment Orders

10:15 a.m.

An hon. member

On division.

Motion No. 4Ways and MeansGovernment Orders

10:15 a.m.

NDP

The Deputy Speaker NDP Joe Comartin

(Motion agreed to)

The House resumed from November 26 consideration of the motion that Bill C-2, An Act to amend the Controlled Drugs and Substances Act, be read the second time and referred to a committee.

Respect for Communities ActGovernment Orders

10:20 a.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I am pleased to rise in regard to the respect for communities act. As my colleagues on this side of the House have often stated in the course of this debate—and the members opposite, apparently, wholly disagree—Canadian families expect safe and healthy communities in which to raise their children. The respect for communities act would ensure that parents have a say before drug injection sites open in their communities, and it deserves support from all members of this House, regardless of ideological belief. As my colleagues have outlined, the bill would contribute to the public health and public safety of Canadian communities.

I would like to focus in particular on the importance that these amendments place on input from the public, from potentially affected communities and from relevant stakeholders such as public health officials and local law enforcement.

First, here is a little background. As those who have been listening carefully to the debate in the House will know, the Controlled Drugs and Substances Act prohibits activities with controlled substances, including possession, import, export, production and distribution of controlled substances except as authorized under the act, its regulations or a section 56 exemption. The CDSA applies to both licit and illicit controlled substances. Section 56 of the act provides the Minister of Health with the authority to grant exemptions from the application of the act or its regulations “...if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest”.

This section has also been used in the past to allow for routine activities with illicit substances, such as training law-enforcement dogs to detect drugs. However, it has been the case in the past that the same section has been used for activities that were not originally envisioned, those being supervised injection sites.

The respect for communities act, which we are debating today, would require any potential applications for supervised drug injection sites in Canada to address specific criteria before such applications would be considered. It also contains a plethora of additional criteria that, for some reason, the New Democrats are systematically opposed to. These include, of all things, scientific evidence. That, in fact, is the first item in the bill.

Throughout the course of the debate we have had on the bill already, we have heard the opposition members claim that there are numerous studies already existing that provide evidence that injection sites have medical value. That is a completely fair viewpoint. In fact, that makes the job of the applicants easier. They should simply submit those studies. The principal issue here is that many of those studies the New Democrats are referencing refer to the use of individual substances at supervised injection sites, like heroin. For the members opposite, what about other substances like, perhaps, cocaine or ecstasy? Studies that would speak to the pros or cons of an injection site for heroin would surely not be applicable to those drugs, yet they fall into the same category of illicit substances in the Controlled Drugs and Substances Act.

That is why it is important that the studies and evidence that specifically relate to the activities that are proposed for the individual site be submitted with the application. That is why it is important to also note that these applications would be judged on a case-by-case basis.

No two locations would have exactly the same challenges. This is why it is important that the minister be aware of the issues facing each and every individual proposed site, so that a fair decision based on the facts can be rendered for every unique situation.

Given that no current statutory framework exists for such applications, this legislation would not only address a current gap but would also ensure that relevant community voices are heard in the process, as required by the 2011 ruling by the Supreme Court of Canada on the subject. Given the serious risks associated with the use and creation of illicit substances, our government agrees with the Supreme Court that exemptions under the Controlled Drugs and Substances Act to undertake activities with them at a supervised injection site should be limited to exceptional circumstances, only once rigorous criteria have been addressed.

One of the criteria our government is proposing that follows the court's ruling is that any applicant seeking an exemption for activities involving illicit substances at a supervised injection site must provide evidence of community consultations from a broad range of groups from the municipality in which the site would be located. This would include a summary of the opinions of community groups on the proposed activities, as well as copies of all written submissions received and steps that would be taken to address any relevant concerns that are raised during the consultations. The Supreme Court indicated that the minister must take into account these expressions of community support or opposition, if any, when considering an application for an exemption. How the NDP can oppose a requirement that is mandated by the Supreme Court is beyond me.

The proposed legislation would provide an opportunity for this community input into the application process related to supervised injection sites. It would provide greater transparency to the process. It would provide the minister with important information needed to assess the applications on a case-by-case basis.

This bill demonstrates once again that listening to local voices, maintaining safe communities and protecting public health are top priorities for this government, and they should be top priorities for anybody in this House.

Under the proposed approach, applicants for supervised drug injection sites would need to provide information outlining the views of a number of key community stakeholders who are considered relevant to the success or failure of a site. This would include stakeholders such as municipal leaders, the lead public health professional in the province or territory, the licensing bodies for physicians and nurses in that province or territory, provincial and territorial ministers responsible for health and public safety and, of course, the head of local law enforcement. This just makes sense.

As the president of the Canadian Police Association has said:

While treating drug addiction is an important goal, my experience in Vancouver is that these sites also lead to an increase in criminal behaviour and disorder in the surrounding community and have a significant impact on police resources, and that's why it would be vital for the views of local police to be taken into account.

In this new approach, the Minister of Health would have the authority to post a notice of application regarding any exemption application received related to a supervised consumption site for a 90-day public comment period to allow members of the public to provide their views. This public comment period would provide an opportunity for a broad range of stakeholders to make their views known to the minister. Any relevant feedback would be taken into account by the minister as she considers the application for an exemption.

This information would be combined with other rigorous application criteria intended to balance public health and public safety considerations. It would allow the minister to make an informed decision when considering an exemption application for activities with illicit substances at a supervised injection site.

To reiterate, these application criteria that would be required under the proposed legislation build upon the factors outlined in the 2011 Supreme Court of Canada decision.

In conclusion, given the serious risks involved, our government believes that any application involving illicit drugs under the Controlled Drugs and Substances Act must be given serious and careful assessment. This legislation is designed to ensure a rigorous approach to future applications for exemptions to conduct activities with illicit substances at supervised consumption sites. It would provide greater clarity concerning the application process, and it would provide crucial information to the minister about the wishes and views of the local communities that could potentially be affected by the proposed site.

The bill would help protect the health and safety of Canadians and balance this with consideration of the public health impacts related to illicit drug use in accordance with the Supreme Court ruling. It would also ensure that the voices of local communities are heard and taken into account in the decisions that affect them.

I urge every member of the House to vote in favour of the proposed legislative changes debated here today to help ensure that our government can continue to keep communities safe and abide by the ruling of the Supreme Court of Canada.

With that, I move:

That this question be now put.

Respect for Communities ActGovernment Orders

10:25 a.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, suddenly the Conservatives have two new-found loves.

One is to respect the local voices in communities that may be impacted by a proposal. I do not remember any of that interest when we were talking about pipelines or resource development coming from the Conservatives. Actually, we see the reverse when they make the entrance for public opinion and views even more restricted in any proposal having to do with oil pipelines. However, when it comes to saving lives, as is proposed by the InSite project in Vancouver, my friend says that we are entitled to our opinions.

Well, we are entitled to our facts, and the facts are that InSite has worked and has been supported by Conservative and left-wing mayors in that city as well as the chiefs of police. It is so confusing to me that the Conservatives want to take away something that works.

The second new-found love is to respect the Supreme Court of Canada. What an amazing moment that the Conservatives are suddenly interested in the views of the Supreme Court of Canada, because we see them so often introducing legislation that is unconstitutional and will be challenged in court, is challenged in the Supreme Court and is defeated at the Supreme Court. We had one just two weeks ago on trying to cut down on gun violence.

The Conservatives are not listening to their own constitutional experts, but rather they have the photo op and pretend to the public that they are doing something about crime, gun safety or any of those types of issues. Then they move in legislation that they know full well would not ever be realized in actual law.

My question to my friend is: Is this new-found consideration both for the court and for the opinion of the public going to extend beyond this one particular bill?

Let us be honest here. What the government is doing in this legislation is to ensure that never again would a safe injection site be built in Canada. That is what the real purpose of this legislation is: creating criteria that are impossible to meet, ensuring that these programs will never come to pass.

Respect for Communities ActGovernment Orders

10:30 a.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I thank my cynical friend from Skeena—Bulkley Valley for his comments.

What we have an abiding—not new-found—love for is common sense and balance. My friend calls the criteria impossible to meet. The court outlined factors that the minister must consider for applications. They seem like common sense to me: the impact of such a facility on crime rates; the local conditions indicating a need for such a site; the regulatory structure in place to support the facility; the resources available to support its maintenance; and the expression of community support or opposition. None of those sounds radical to me.

My friend mentions support from various folks. That is a fair comment because there are some. I will remind the House of the comments by the president of the Canadian Police Association that I quoted in my speech, which basically said it is vital for the views of local police to be taken into account, among other things. Therefore, this is not a new-found love for anything other than simple common sense and balance.

Respect for Communities ActGovernment Orders

10:30 a.m.

NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, I am intrigued by the quickness and haphazard way the bill was developed. It appears to be a knee-jerk reaction to losing the decision of the Supreme Court, which stated that under certain conditions safe injection sites are not necessarily a bad idea.

At one point, my riding was considered for an injection site. I think community involvement is something that every potential safe injection site looks for.

I would like to ask my hon. colleague this question, in terms of the dangers of not having a safe injection site, where needles are used haphazardly all over the place. I was involved in a cleanup project with an organization. We found literally dozens of needles in parks where kids play. Had there been a safe injection site, those needles would have been disposed of in a way that does not harm or threaten our children. That protects our community plus offers the opportunity for those individuals who are under duress or the problems of substance abuse to potentially find their way to a better place. Is this not protecting our communities? Is this not helping our communities?

Respect for Communities ActGovernment Orders

10:30 a.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, I respect my hon. friend's opinion. However, I will take a bit of exception to the suggestion that there are no needles in the neighbourhood around safe injection sites. In Edmonton, we do not have a safe injection site. That is a valid point. However, it has been our experience that the needles are out there regardless of whether or not there is a safe injection site. It may affect a very small amount of the total out there, but it really does not impact or affect the hazard of needles in the community.

Respect for Communities ActGovernment Orders

10:30 a.m.

NDP

Glenn Thibeault NDP Sudbury, ON

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.

Respect for Communities ActGovernment Orders

10:40 a.m.

Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Mr. Speaker, I am going to forgive my colleague from Sudbury, whom I have worked with very positively in a number of different dimensions, for inferring that there is some alternative intention of the bill.

He began his speech by mentioning a framework for supervised injection sites. In fact, the real issue is that there is no framework. He refers to section 56, which simply provides an opportunity to get an exemption for research on illicit drugs or for use with things like sniffer dogs. There is no framework at all right now.

Bill C-2 is the first attempt to put a framework in place for supervised injection sites. Would he not agree that some of the aspects of the bill should be in place to make sure that the community has a say and that police, the municipality, and the provincial health officer have a say in where these sites go, when we are talking about people who are hopped up on illicit drugs and who are going to be leaving these sites and going into communities?

Respect for Communities ActGovernment Orders

10:40 a.m.

NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, my hon. colleague should not worry about apologizing. I know that we are on different sides of the House, but what we are having is a good debate on a subject that is important for all Canadians.

What we are seeing in the bill would change a system that is working. If we are actually helping individuals who have addictions, then let us keep moving forward on this.

InSite, located in Vancouver, is the only site in Canada. Since it opened, we have seen a 35% decrease in overdose deaths. InSite has been shown to decrease crime, communicable disease infection rates, and relapse rates for drugs users. This is coming from the community. The community is involved in it. We do not want to make it more onerous and leave it in the minister's hands to make an arbitrary decision, when the community is already saying that this site is working for them.

We need to continue to promote facilities like InSite to help those who are addicted.

Respect for Communities ActGovernment Orders

10:45 a.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I thank the member for his very cogent speech on this topic, which I spoke about previously in the House.

To come back to the issue of what the Supreme Court determined, it is really important for everyone in this place to understand exactly what the Supreme Court said in this case. The Supreme Court was very clear that in this case, a declaration of the law was not sufficient. The matter was so serious, because of what the government was trying to do to provide public health safety, that it issued an order of mandamus, which does not occur very often.

The Supreme Court said that the infringement at stake, meaning from the government trying to shut down InSite, was so serious “it threatens the health, indeed the lives, of the claimants and others like them”. Therefore, an order of mandamus was necessary.

The Supreme Court was clear that the government, in responding to its direction, must take a balanced approach. It must look at the interests of the community, which the government claims it is looking at, but must balance them with the charter, or in other words, the rights of those who are suffering from a drug addiction where there are measures to also protect the community from this.

The Supreme Court actually directed the government to put in place balanced criteria. When we look at this legislation, there is the complete opposite of balance. We have almost 40 requirements that must be met before there can be an InSite-type of location. That is not balance. It is not simply about giving a voice to communities, which is normally done on every other matter by the local government.

Respect for Communities ActGovernment Orders

10:45 a.m.

NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, Bill C-2 directly defies the 2011 Supreme Court ruling, which called on the minister to consider these exemptions for safe injection sites based on a balance between public health and safety. It called on the minister to consider all the evidence on the benefits of safe injection sites, rather than setting out a lengthy list of principles by which to apply judgment.

What we are calling it on this side of the House is a backdoor attempt to change the Supreme Court decision. We need to ensure that we actually find ways to continue to help facilities like InSite, because the job it is doing in the community of Vancouver is coming from the community, and it is doing a good job.