Mr. Speaker, as Canadians we all have a great deal to be proud of. We live in a country where protection of public health and the maintenance of public safety are at the top of our government's priorities. Much of what we do and the decisions we make here in the chamber serve to ensure that all Canadians continue to enjoy a country with sound public safety and public health policies.
Whether it is supporting a strong response to the public health threat of the African Ebola outbreak, or taking action to protect all of us from the very real public safety threat represented by recent terrorist activities, I think Canadians are reassured that our government takes these public health and safety concerns very seriously.
We are also aware of the very real public safety risks that dangerous drugs like heroin represent for our communities. That is why I am pleased to rise today to speak in support of the respect for communities act, a bill that contributes to our efforts to protect public safety and health by ensuring that all perspectives are heard when it comes to the proposals for sites that would use dangerous drugs in our neighbourhoods.
The Controlled Drugs and Substances Act is Canada's federal drug control statute. Its purpose is to protect public health and maintain public safety. Under the CDSA, activities with controlled substances are prohibited unless these are specifically allowed under the act, its regulations, or are authorized under a section 56 exemption.
Section 56 of the CDSA allows the Minister of Health to grant exemptions from the provisions of the CDSA to provide access to controlled substances for unanticipated purposes. For example, in the past a section 56 was issued to enable individuals to provide humanitarian aid. Using this section of the bill for international humanitarian efforts is quite a different thing than the plans put forward for supervised injection sites.
I think we can all agree that improved consultations would be a positive step when the CDSA is being used to control an area that it is not intended to address in the first place. Bill C-2 before us today proposes to add a new section to the CDSA to specifically address supervised consumption sites. The new section would outline the specific area, which would have to be addressed by an applicant seeking exemption from the CDSA for activities involving illicit substances at a supervised consumption site.
There has been a lot of debate thus far, and we have heard a lot of criticism about these criteria. However, they are simply an expansion of the ruling of the Supreme Court of Canada in its 2011 decision regarding Insite, the supervised injection site in Vancouver. In its decision, the court said that the minister should take into consideration evidence, if any, of five factors when assessing future section 56 exemption applications for the operation of a supervised consumption site.
These five factors are, one, the impact of such a site on crime rates; two, local conditions indicating a need for such a site; three, the regulatory structure in place to support the site; four, resources available to support its maintenance; and, five, expressions of community support or opposition to the site.
In its decision, the court also emphasized the need to balance public health and safety with the Canadian Charter of Rights and Freedoms. Bill C-2 proposes to outline information to be provided in an exemption application to satisfy the Supreme Court of Canada's requirement to consider these factors. If we split the criteria up under public health and public safety headings, we would see that the proposed criteria are almost equally divided under each.
I would like to use the rest of my time to outline some of the public safety criteria in the bill, as well as to explain how these criteria will assist the minister into taking into account the factors outlined by the court when assessing section 56 exemption applications for supervised consumption sites.
One criterion suggests that the applicant provide a letter from the head of the police force responsible for policing the municipality in which the site would be located that outlines his or her opinion on the proposed activities at the site, including any concerns with respect to public safety or security. This criterion expands upon the Supreme Court of Canada's factor that outlines the need for “evidence of community support or opposition”.
It just makes sense to consult with the head of local police in the area where the site is proposed, to hear from the official who would be charged with securing the perimeters around the site and keeping the surrounding community and the people at the site safe.
This criterion is a small extension of the communication that would no doubt exist between the site applicant and the local law enforcement agency. The head of police might also be able to provide valuable insight into the exemption application itself, including measures that an applicant might wish to consider to address any potential security and public safety concerns. Dialogue with the head of the local police might also help the applicant obtain information to address other criteria, for example, a description of the potential impacts of the proposed activities at the site on public safety, including information, if any, on crime and public nuisance, information on drug consumption in the area, and law enforcement statistics on these facts, if they exist.
The Supreme Court of Canada said that the minister of health needs to consider the local conditions that indicate a need for a supervised consumption site in the area, if any exist. Given the serious risks to the public health, public safety, and communities associated with the use and production of illicit substances, exemptions to undertake activities with them should be granted only after rigorous criteria have been met.
This criterion is a part of the information used to assess these applications on a case-by-case basis, taking into account the unique circumstances surrounding any proposed site. To further expand on that, these substances are unsafe and can be the subject of criminal activity. It is in the minister's interest to know how the applicant plans to address the security of the substances at the site, as well as the safety of the staff, users of the site, and people in the vicinity. Therefore, the bill would require an applicant to provide a description of the measures that would be taken to minimize the diversion of controlled substances, and the precursors and risks to the health and safety and security of persons at the site or in the vicinity of the site, including staff members.
Again, given the serious harms of illicit substances and the criminality that is often associated with them, it is reasonable for the minister to be aware of the measures in place to protect those who work at the facility and those who use it. The Supreme Court of Canada asked the minister to consider the regulatory structure in place to support the facility, if any. How an applicant plans to minimize diversion and keep the staff and clients safe is a logical piece of information that the minister needs in order to address this Supreme Court factor before granting an exemption.
To summarize, the criteria included in Bill C-2 balance public health and public safety and are consistent with the factors identified by the Supreme Court of Canada. I urge all members of the House to vote in favour of these legislative changes, as the proposed approach will strengthen our laws and enable the government to continue to protect the health and safety of all of our communities.