Mr. Speaker, I am very pleased to rise in the House of Commons today to speak in support of Bill C-37, an act to amend the Controlled Drugs and Substances Act and to make related amendments to other acts and to discuss the amendments adopted by the Senate. This is an important bill, as all members know, a bill that will save lives.
First, I would like to thank the Senate, the House of Commons Standing Committee on Health, and the Standing Senate Committee on Legal and Constitutional Affairs for their swift but thorough consideration of Bill C-37.
It is clear from the discussions and debates that have taken place that, while we may not always agree on a way forward, we all understand the urgency of the situation and share the same goal of saving lives and reducing the growing number of opioid overdoses.
The Senate has adopted three amendments to Bill C-37, all of which deal with the proposed application process and requirements to obtain an exemption under the Controlled Drugs and Substances Act for a supervised consumption site.
The first amendment adopted by the Senate modifies the ministerial authority to post a public notice and solicit input concerning a specific application.
The version of Bill C-37 adopted by the House of Commons proposed allowing the minister to determine an appropriate length of time for public comment, up to a maximum of 90 days. The amendment adopted in the Senate requires that any consultation must be a minimum of 45 days, and retains the previous maximum of 90 days. Our government supports this amendment.
I understand that there have been some questions from public health stakeholders on whether setting a minimum consultation period could delay applications. I want to reiterate that this consultation period is not required, but rather that a public notice can be posted, if there is a need. Such an authority would likely be used if there were concerns that community consultations were not sufficient. Further input would be helpful in making a decision in such instances, ensuring a reasonable amount of time is provided to the public to comment on a specific application. We think it makes sense. Therefore, we support this amendment.
The second amendment adopted by the Senate specifies that the Minister of Health may establish citizen advisory committees for approved supervised consumption sites where it is deemed appropriate.
While such committees could be seen as a way to maintain an open and ongoing dialogue with the surrounding community, it also represents a level of citizen oversight and influence that is not in place for any other health care service. We know that people who use drugs already face discrimination and stigmatization that can prevent them from accessing the services they need to stay alive. By including a process that could further add to the stigmatization faced by people who use drugs, this amendment runs against the intent and the spirit of Bill C-37. For this reason, our government respectfully disagrees with the second amendment.
Finally, the last amendment adopted by the Senate would require staff who supervise the consumption of substances at a site to offer clients access to an alternative pharmaceutical therapy before they consume illegal drugs at a supervised consumption site.
I would like to explain some of the concerns that our government has with this amendment as it is currently written. I want to make it very clear that our government is entirely supportive of providing immediate access to evidence-based treatment options for people living with addictions who are ready and willing to enter treatment. This would be the ideal situation. However, the situation in practice at a supervised consumption site is far more complex than simply writing the words into legislation. There are a number of factors that must be considered.
First, as I have already mentioned, people who use drugs already face significant barriers in accessing the health and social services they need, often due to stigmatization and discrimination. Supervised consumption sites are meant to be low-threshold, easily-accessible services. The more requirements or rules that are added to the process for accessing supervised consumption sites, the less accessible this service becomes to the vulnerable population it is meant to serve. Further, if this amendment is included in the legislation, I want to make it clear that none of the supervised consumption sites operating in Canada, nor most of the 18 applications that are currently before Health Canada for consideration, would meet the legislated criteria for operation. If the single word “shall” is kept in the amendment, additional requirements and burdens are automatically imposed upon supervised consumption sites and those who operate them.
This would make it more difficult to establish new supervised consumption sites in communities where they are wanted and needed. As such, requiring staff to offer immediate access to treatment could cause significant delays in the opening of any new supervised consumption sites. The purpose of Bill C-37 is to reduce burden and streamline the application process so that communities can open supervised consumption sites as part of a comprehensive plan to reduce harms associated with illegal drug use, including deaths. Given the current opioid crisis, these considerations raise major concerns for our government.
Finally, except in certain specific circumstances, regulating health care services is generally the responsibility of the provinces and territories. Our government has taken concrete action to pave a path forward towards improving treatment, for example, by removing barriers at the federal level and undertaking knowledge-exchange activities to improve awareness of the options available in Canada. However, at the end of the day, the provinces must make health care decisions based on the needs of their citizens. There are also costs associated with offering access to immediate treatment. This is something that would have to be considered by the provinces and weighted against their other health priorities.
The fact is that Canadians are dying every single day, and communities are urging us to set up supervised consumption sites to stop the overdoses and the deaths. I do not want the federal government to be what stands in the way of communities saving lives here and now. Improving access to treatment is a goal that our government will continue to support. I can assure the House that our government will continue to support future supervised consumption sites in developing a strong link with treatment services. We will encourage all potential sites to work closely with their respective provincial governments to make this happen. However, for the reasons I have just outlined, our government submits that the word “shall” in this provision must be changed to the word “may”.
By now, everyone in this room is well aware of the critical and urgent nature of the opioid crisis that has been devastating communities across the country. The rising mortality rates and drug overdoses are deeply concerning. These are real communities where real people are dying, communities where front-line workers are exhausted, and friends and families are losing loved ones. We are facing a public health crisis, and we need to work together to stop it from claiming more lives. In order to do so, our actions must be collective, comprehensive, and aimed directly at protecting the health and safety of our communities. This is a complex issue that requires a comprehensive approach.
The Minister of Health has been clear that Canada’s drug policy must be comprehensive, compassionate, collaborative, and evidence-based, and use a public health approach when considering and addressing drug issues.
To that end, on December 12, 2016, the Minister of Health announced an updated drug strategy for Canada. The Canadian drugs and substances strategy would replace the current national anti-drug strategy. This strategy formally restores harm reduction as a core pillar of Canada's drug policy, alongside prevention, treatment, and enforcement. All pillars are supported by a strong evidence base. The minister further supported this approach when she introduced Bill C-37, a bill that proposes many important legislative changes to address the opioid crisis. Problematic opioid use involves an intricate web of intersecting issues that must be addressed simultaneously, using different tactics.
Today I would like to underline the importance of continuing to move quickly through the legislative process.
First, the proposed changes contained in the bill would provide the law enforcement community with the tools needed to better address the supply of illicit opioids and other drugs in Canada and to reduce the risk of the diversion of controlled substances. The sharp rise in opioid-related overdoses and deaths has been intensified by an increase in illicit fentanyl coming into Canada. Bill C-37 would ensure that law enforcement is better equipped to keep deadly drugs like illicit fentanyl out of our communities, in a number of ways, such as making it a crime to possess or transport anything intended to be used to produce or traffic a controlled substance, allowing temporary scheduling of new psychoactive substances, and supporting faster and safer disposal of seized chemicals and other dangerous substances.
It is critical that we support members of the law enforcement community who work on the front lines of the opioid crisis. It is critical that this bill be passed quickly so we can prevent illicit opioids and other drugs from reaching our communities.
Our government is also committed to working with its partners to help reduce the harm to citizens and communities associated with problematic substance use. Evidence has shown that supervised consumption sites, when properly established and maintained, have the potential to save lives and improve health without increasing drug use and crime in the surrounding area. Bill C-37 proposes to support communities seeking to operate supervised consumption sites by streamlining the application process, as well as the renewal process for existing sites, to align with the five factors set out by the Supreme Court of Canada, without compromising the health and safety of the surrounding community.
A key component of this legislation involves ensuring that the voices of communities are heard by being more flexible and supporting the ability to tailor consultations to each community as appropriate. This improved approach preserves the requirements for community engagement. Each application would be subject to a comprehensive review, without delaying the implementation of these life-saving sites in the communities that need them the most.
We all have an important role to play in overcoming this crisis. We must support the efforts of all community members, from the volunteers, civil society organizations, health professionals, legal professionals, and of course law enforcement groups, if we are going to tackle this crisis.
The legislative changes proposed in Bill C-37 demonstrate our government's concrete support for communities grappling with this crisis by increasing law enforcement's ability to respond to the evolution of the illicit drug market and to take early action against suspected drug production operations. Furthermore, the changes proposed in the bill to remove unnecessary barriers to establishing supervised consumption sites and to emphasize community engagement would support communities by ensuring that these sites ultimately met the objectives of saving lives and reducing harm.
Our government will continue to work collaboratively with communities, provinces, territories, and key stakeholders through a comprehensive approach to drug policy.
I want to thank every one of you for your work on Bill C-37 and for your commitment to this urgent matter. We cannot turn our backs on the communities being affected by this crisis across the country.
I urge all members of the House to move forward with the proposed legislative changes, which would support communities, and ultimately, save lives.