Madam Speaker, today I am speaking to Bill C‑216. To summarize it in its broadest terms, this bill deals primarily with the decriminalization of simple possession of drugs and is based on three components.
First, the bill sets out the legislative amendments that are relevant to achieving its objective of decriminalization. These include amendments to the Controlled Drugs and Substances Act, the Criminal Code, and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. In essence, the intent is to repeal subsection 4(1) of the Controlled Drugs and Substances Act, as well as those parts of that act, the Criminal Code and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act that refer to this particular subsection. Subsection 4(1) of the Controlled Drugs and Substances Act states, “Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.”
The second part of the bill enacts a new law, the expungement of certain drug-related convictions act. It is a piece of legislation that is meant to be retroactive, in a way, since it seeks to establish a procedure for the Parole Board of Canada to follow to expunge convictions that occurred prior to the coming into force of this bill, if it passes. This part of the bill would wipe the slate clean on past offences. Expunging a conviction means that the convicted person is deemed never to have been charged and convicted of that offence, thus allowing a criminal record to be wiped clean. However, expungement would not happen automatically. The individual would have to apply for expungement, the board would have to review the application to see if it is valid, and then a notice would have to be sent to the RCMP and related departments and agencies to have their records relating to the conviction expunged.
The third and final part of the bill also creates new legislation: the national strategy on substance use act. This new legislation would force the Department of Health to develop a strategy by consulting the community, and it would require the department to report on the results of the implementation of this strategy. Although one of the goals of the strategy is to reduce the criminalization tied to drug use, the third part of the bill proposes that the primary goal be a matter of public health, with an approach that seeks to deal with the harm caused by problematic substance use.
According to Bill C‑216, the strategy must be developed in consultation with representatives of the provincial governments responsible for health care services and key stakeholders including advocacy organizations, frontline health care providers, individuals with lived experience of substance use, harm reduction workers and experts in problematic substance use and substance use disorder.
Although the Bloc is generally open to the idea of diverting people struggling with substance abuse away from the courts, we believe that Bill C-216 unfortunately misses the mark with respect to its main objective. Over the past few years, there has been a tendency to consider drug-related problems as public health issues rather than crime issues for several reasons.
We cannot ignore the serious opioid crisis that has taken hold in North America since 2016. It is a serious problem that demands a government response. There was Nixon's tough on drugs approach, which strictly addressed the criminal aspect but never achieved the desired results. There is the positive experience of countries such as Portugal and Switzerland, which adopted a public health approach to issues arising from drug use. We also have a better understanding of problems related to addiction thanks to advances in scientific knowledge in this area.
The problem with Bill C-216 in general is that it puts the cart before the horse. The third part of the bill, which deals with a strategy on substance use is likely one of the most important aspects of the bill in that what we really want to do is help people with addictions overcome them. Basically, the main point of the bill is to save lives, given that opioid use has been on the rise since the 1980s. The number of opioid deaths has risen dramatically since 2016. They went from close to 3,000 in 2016 to over 6,000 just four years later in 2020.
The problem with this new bill is the timeline, the order in which the steps are to be taken. When the bill comes into force, the clauses pertaining to the offence of simple possession would take effect immediately, but the national strategy would only be implemented the following year, at the earliest.
While there may be some immediate benefits for some people if this bill is adopted, for example, first-time offenders, the bill would have no short-term impact on people with chronic addiction problems. Most importantly, we have no idea what the national policy will look like or how it will work with the governments of Quebec and the provinces, which are responsible for health care services.
In fact, our fear is that we will fall short of our objective if we only decriminalize simple drug possession for personal use without first making sure that we have health services in order, such as support, treatment and detox measures, especially when there is a rather blatant risk of interference in Quebec's and the provinces' jurisdictions.
In a way, members seem too eager to want to build on Portugal's success to justify Bill C‑216, while failing to consider what Portugal has done as a whole. While Portugal's success is widely cited as evidence that decriminalization works, the reality is much more complex.
In Portugal, an individual is generally not sent to prison if the total amount of possession does not exceed personal consumption. The individual could still face criminal sanctions, although such cases are rare. It is important to note that decriminalization is not the only measure contributing to Portugal's success. There are also diversion measures and accompanying services on the ground, such as supervised injection sites, education and reintegration resources.
It is important to understand that Portugal's policy is based on legal alternatives to simple possession of drugs for personal use. When an individual is arrested for simple possession, they are brought to the police station to determine whether the amount of drugs in their possession is below the permitted limits. Their case is then referred to a Commission for Dissuasion of Drug Addiction to assess the risks associated with their drug use. That commission then brings the individual before an expert panel of social workers, health professionals and legal advisors to assess the risks associated with the individual's behaviour. Depending on the risk, the individual is then offered a range of measures, including everything from simple education to drug treatment, fines and community service. In the most serious cases, such as repeat offenders or if other people are put at risk, individuals may be forced into treatment, and if they refuse, they could face criminal sanctions. The main objective is to encourage compliance with treatment or complete abstinence from drug use.
If Bill C-216 is passed, there is a concern that even if individuals who use drugs are not criminally charged, they will still run the risk of falling through the cracks because there will be no follow-up or systematic monitoring. That is why I spoke about putting the cart before the horse earlier.
In this context, I believe it would be more prudent to consider a more comprehensive, more holistic approach, somewhat similar to what Quebec is currently doing with the PTTCQ in particular, the Court of Quebec's addiction treatment program. The objective of this program is to help the justice system prevent crimes associated with drug addiction through measures that focus on providing treatment to offenders with drug addictions, rather than systematically treating them as criminals.
Based on what is already permitted under subsection 720(2) of the Criminal Code, the PTTCQ authorizes the court to delay sentencing so that an offender can get clean through court-supervised treatment.
The program also facilitates close collaboration between the court and addiction resources to develop a treatment plan that includes therapeutic, rehabilitation and reintegration components.
I therefore think that, while Bill C‑216 has a laudable objective, it is likely doomed to fail unless we create a framework to support drug addicts before we move forward with decriminalizing simple possession. Without such a framework, there is a risk that people who do not get support will wind up being criminalized regardless, for crimes indirectly connected to their drug problem, such as theft, if they do not have access to programs like PTTCQ, which is not available everywhere. It goes without saying that we cannot successfully decriminalize simple possession without also ensuring that health care resources are available.
In conclusion, I remind members that this is yet another example of how an unconditional increase in health transfers would have a significant impact on the lives of many.
