44th Parl. 1st Sess.
May 20, 2022 10:00AM
Madam Speaker, it is an honour for me to rise today to join the debate on Bill C-216, an act to amend the Controlled Drugs and Substances Act and to enact the expungement of certain drug-related convictions act and the national strategy on substance use act.
The sponsor of this private member's bill is a fellow British Columbian, the member for Courtenay—Alberni, and I want to thank him for introducing this legislation. It is very timely because Canada has been struggling with an opioid overdose crisis. It is Canada's other pandemic.
However, there are some stark distinctions. The COVID-19 pandemic will wane. It is waning, and we are seeing it in the rear-view mirror. We have also developed a vaccine to combat COVID-19, and we are developing a community immunity, or a herd immunity, as some people call it. Harm reduction measures for COVID-19 are known, which are simple and generally effective. None of that is true for the opioid crisis.
I would like to read something from the government's own website. It states, “The opioid overdose crisis is worsening during the COVID-19 pandemic with many communities across Canada reporting record numbers of opioid-related deaths, emergency calls and hospitalizations.” The website also points out that there has been a 95% increase, which is almost double, of opioid-related deaths in the first year of the pandemic, moving up to 7,200.
This is a very large number. It is shocking. These are real people and fellow Canadian citizens. These are moms and dads, brothers and sisters. They are people who are loved by friends and family. These are people who have an opioid addiction or substance addiction and have found themselves unfortunately coming into contact with likely fentanyl-laced opioids.
I grieve for a family friend in my riding who, just a little while ago, marked the anniversary of the death of their son to an opioid overdose death. He was loved by his family. He had a lot of friends. He was a popular man. He had a great job. His employer relied on him, and his fellow workers enjoyed working with him. He died at home alone of an alleged opioid overdose. He sadly became part of Canada's statistics.
The sponsor of the private member's bill, as I pointed out, is a fellow British Columbian, so I want to look at some British Columbia statistics when it comes to illicit drug toxicity deaths. The number of these deaths in B.C. equates to about five deaths per day. Every day, five people in British Columbia die of an illicit drug toxicity poisoning. In 2022, 74% of those dying were age 30 to 59, and 77% were male. More than half those deaths occurred at home when the person was alone.
There was a big increase in illicit toxicity deaths since the start of the COVID-19 pandemic, although we were seeing a large increase in 2015 when illicit drug toxicity deaths became the number one cause of unnatural deaths in British Columbia. That is going back to 2015. There was already a big uptick. At that time, fentanyl use spiked to become the number one cause of illicit drug toxicity deaths.
We agree that this bill is very timely, and it is a very important discussion. Let us have a closer look at the draft legislation. It will amend the Controlled Drugs and Substances Act to repeal provisions that make it an offence to possess certain substances. It will also enact a new act for the expungement of certain drug-related convictions, as though the conviction never happened. It will also enact the national strategy on substance use act, which would require the Minister of Health to develop a harm reduction strategy.
I want to focus on that last part, the national strategy on substance use. The focus of that, according to the draft legislation, is harm caused by criminalization of substance abuse and not on the substance abuse itself. It would also introduce a low-barrier access to safe supply of addictive and harmful substances, focus on supervised consumption sites and overdose prevention, and focus on reducing stigma associated with substance abuse.
I believe the intent or hope of this legislation is that it would lead to fewer victims of substance abuse. That is a laudable goal, but I am not sure that these are the correct tools. It is my and the Conservative Party's position that we should always focus on recovery and treatment.
If we go back to the proposed national strategy on substance use, it is commendable for promoting universal access to recovery. I would support that. It would focus on relapse prevention programs, which is very supportable, and it would focus on evidence-based prevention programs. Of course, these are all important things, and I would support those initiatives.
In the 2021 federal election, the Conservatives presented a plan that included creating 1,000 drug treatment beds, creating 50 recovery community centres, supporting local and culturally appropriate addiction treatment and partnering with provinces for access to Naloxone. As such, we find some common ground.
However, we think that people should be given the hope of recovery, not just reduced harm, not just safe supply, not just safe injection sites, but real, long-lasting solutions full of hope for a better life. We believe Canada ought to focus on recovery and treatment as our basic framework for dealing with the opioid crisis.
As for the decriminalization of possession, which is part of this private member's bill, I would note that in 2020 the Public Prosecution Service of Canada issued a directive to avoid prosecuting cases of simple possession. That reflects and mirrors what is happening in some European countries, where possession still remains criminal, but police and prosecutors are given instructions not to intervene based on discretionary use of their powers and guidelines. This, I think, gives the criminal justice system the flexibility to treat addiction as a health issue, when and where appropriate, in cases where that is appropriate, but it also retains tools for law enforcement to keep harmful drugs off our streets.
I am on the public safety and national security committee, and we have just come off a study on gun control and illegal arms trafficking, focusing on the increase of gun crimes committed by members of street gangs. In that study, we heard evidence from a number of witnesses that showed us an inextricable link between drug trafficking and arms trafficking. The two go hand in hand.
I have a couple of quotes here from witnesses. The first is from Mitch Bourbonniere, who works in Winnipeg. He said, “Anyone in Winnipeg can purchase a firearm illegally, much the same way as you [can purchase] illegal drugs.”
Here is another quote, from Michael Rowe of the Vancouver police force. In an answer to a question correlating arms smuggling and drug smuggling, he said, “certainly...there's a correlation there that I don't think can be disputed, especially as the manufacturing or sale of fentanyl produces an extremely lucrative drug market. That lucrative drug market typically invites conflict that will then result in gang violence.” There is no doubt that there is a link between drug trafficking and arms trafficking.
I do not believe that removing the personal use of these drugs from the Controlled Drugs and Substances Act would solve that problem. Our focus should remain on tackling the source of lethal fentanyl-laced opioids and on those criminals who produce the fentanyl and earn big profits.
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Madam Speaker, the opioid and toxic drug supply crisis is heartbreaking and has taken a tragic toll on the families, loved ones and communities of those we have lost across Canada. I would like to thank the member for Courtenay—Alberni for his advocacy on this critical issue and for prompting this important debate in the House of Commons.
The Government of Canada recognizes that the overdose crisis is one of the most serious public health threats in Canada's recent history. This unprecedented crisis is having devastating effects on people, friends and families, as well as on communities across the country.
Unfortunately, the most recent national data shows that there were 26,690 apparent opioid toxicity deaths between January 2016 and September 2021. Fentanyl and its analogues continue to be the primary causes of the crisis. Up to 86% of accidental apparent opioid toxicity deaths over the first nine months of 2021 are tied to fentanyl.
Our government recognizes that problematic substance use is, first and foremost, a public health issue. Since 2017, our government has moved forward with significant action, investing over $800 million to address the overdose crisis and substance use-related issues. We have improved access to treatment and harm reduction, improved access to a safer supply, reduced regulatory barriers to treatment, strengthened law enforcement, developed educational products and tools for health care providers, as well as the public, and advanced research and surveillance to build the evidence base.
These key investments include $282 million for the substance use and addictions program, which provides grants and contributions to other levels of government and to community organizations in order to address the illegal supply of toxic drugs and substance use issues.
Treatment is an essential way to help people struggling with problematic substance use who want to stop using drugs and live a healthier life. We have invested $200 million over five years, with $40 million ongoing each year, to improve the delivery of culturally adapted substance use treatment and prevention services in first nations communities.
Our government has also provided one-time funding of $150 million to the provinces and territories through the emergency treatment fund in order to improve access to evidence-based treatment services. The provinces and territories are also contributing an amount matching the federal funding beyond the first $250,000.
The evidence clearly shows that harm reduction measures save lives. Since 2017, supervised consumption sites in Canada have received more than 3.3 million visits and reversed almost 35,000 overdoses without a single death at a site. These sites also provide access to supportive and trusted relationships for people who use drugs, including opportunities to access treatment.
These sites made more than 148,000 referrals to social services and health care services. Since January 1, 2016, our government has increased the number of approved supervised consumption sites from one to 38. We also increased access to naloxone, a life-saving medication, including in remote and isolated indigenous communities.
Improving the safe supply will also be critical to saving lives, and we are investing more than $63 million to extend access to a safe supply of pharmaceutical-grade alternatives.
Treating addiction as a public health issue means we are also committed to diverting people who use drugs away from the criminal justice system and toward supportive and trusted relationships in health and social services.
In December 2021, the Minister of Justice and Attorney General of Canada introduced Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act. Among other measures, the bill would have the police and prosecutors consider alternative measures, including diverting individuals to treatment programs, giving a warning or taking no further action, instead of laying charges or prosecuting individuals for simple drug possession.
Our government also facilitated the passage of the Good Samaritan Drug Overdose Act in May 2017.
In August 2020, the Public Prosecution Service of Canada released guidelines for prosecutors indicating that alternatives to criminal prosecution should be considered for simple possession for personal use, unless there are serious aggravating factors.
We also recognize the different approaches that cities, provinces, territories and other organizations are taking to address the opioid crisis, including how they are approaching the potential decriminalization of personal possession in their communities. We continue to work with these partners, many who are pursuing comprehensive, regional decriminalization proposals for their jurisdictions.
The Controlled Drugs and Substances Act generally prohibits such activities, including personal possession of controlled substances, unless those activities have been specifically authorized through regulations or an exemption under the act. Section 56 of the Controlled Drugs and Substances Act gives the minister broad powers to exempt people for controlled substances from the application of any of the provisions of the act for medical or scientific purposes or if otherwise in the public interest. Currently, the federal government is reviewing requests for section 56 exemptions for the decriminalization of simple possession from the Province of British Columbia, the City of Vancouver and Toronto Public Health.
This private member's bill, Bill C-216, proposes to immediately decriminalize personal possession of controlled substances across Canada without addressing the complex issues of implementation. This does raise significant concerns. Decriminalization of the personal possession of illicit drugs at the national level requires a comprehensive and well-thought-out, multi-jurisdictional strategy around implementation. This includes ensuring adequate and appropriate health and social services resources; engagement, additional training and guidance of law enforcement; specific definitions of personal possession; public education and awareness strategies; as well as meaningful consultations with indigenous governments, partners and organizations.
Our government will ensure that these decisions are based on evidence and applied research. In getting this right, effective indicators, data and evaluation will be important to inform our approach going forward.
Other jurisdictions are evaluating evidence-based approaches, and we are working with our partners to find innovative solutions.
The mandate letter of the Minister of Mental Health and Addictions and Associate Minister of Health calls on the minister to advance a comprehensive strategy to address prohibitive substance use in Canada, support efforts to improve public education to reduce stigma, support provinces and territories, work with indigenous communities to provide access to a full range of evidence-based treatment and harm reduction, and create standards for substance use treatment programs.
We know that more must be done, and we will continue to work with the provinces and territories, experts, stakeholders, people with real-life experiences and local communities to put an end to this strategy.
Our government will use all the tools at its disposal to put an end to this public health crisis.
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Madam Speaker, I would like to start the debate with this: Dead people do not detox.
I want, in particular, for the Liberal and Conservative members to let that sink in. I want the Prime Minister to know his excuse that decriminalization is not a silver bullet is a false argument to deflect his lack of courage to take meaningful action to save lives.
Let me be very clear that overdose deaths are preventable deaths. People are dying from drug poisoning, and it does not have to be this way.
The passage of Bill C-216 will save lives. It is within the power of every member of the House to show they value life without judgment and that they want to stop the overdose crisis in their communities. All they to have to do is vote for my colleague's bill, Bill C-216.
It is a bill that would decriminalize the possession of small amounts of drugs for personal use, expunge criminal records related only to minor possession convictions, and work with provinces to find health-centred solutions to end the crisis once and for all. These include ensuring a safer regulated supply of drugs and providing universal access to recovery, treatment and harm reduction services.
The overdose crisis has been wreaking devastation upon families and communities for years. In B.C., the toll has been the heaviest. The year 2021 was the deadliest yet on record for the number of overdose deaths, and took 2,224 lives too early.
Since the overdose crisis was declared a public health emergency in 2016 by the provincial medical health officer in B.C., more than 9,410 people have died of illicit drug toxicity. Just last month, there were 165 suspected drug toxicity deaths in British Columbia. That is 5.3 deaths per day, and it has become the leading cause of unnatural death in British Columbia.
In 2018, there were four and a half times more overdose deaths than deaths from motor vehicle crashes, suicides, homicides and prescription drug overdoses combined. Overdose deaths occurred across all walks of life, all age groups and all of the socio-economic spectrum. Parents of judges, doctors and teachers have lost loved ones to the overdose crisis.
I still recall the heartbreak of a mother whose daughter became ill and needed surgery and then became addicted to opioids due to over-prescribed painkillers. When the doctor stopped the prescription, her daughter turned to street drugs to manage her pain. There was pain and anguish on her face when it was revealed that big pharma hid the addictive nature of opioids.
I cannot imagine the devastation of a parent reeling from the shock that their child, a high school student, died of an overdose. I know too many people in my community who use drugs to help them manage the trauma they have experienced, and are just trying to survive the best they can. That should not be a death sentence for them. I know too many people who have lost loved ones to the drug poisoning crisis. There have been 9,410 deaths since 2016, with 2,224 occurring last year and 5.3 deaths every day.
These are not just numbers. They are real people: sons, daughters, friends, husbands, mothers and loved ones. That is why we must stop this war on drugs. It has failed dismally and has done more harm than good.
The Liberal government likes to say it believes in science and medical experts. It should believe it when B.C.’s chief public health officer, Dr. Bonnie Henry, recommends that the federal government decriminalize people who possess controlled substances for personal use.
The Conservatives like to say they believe in law and order. Well, they should believe the Canadian Association of Chiefs of Police when it agrees that addiction is a public health issue and that evidence suggests that decriminalization of simple possession is an effective way to reduce the public health and public safety harms associated with substance use. We cannot arrest our way out of the overdose crisis.
Thirty jurisdictions globally have adopted or are beginning to adopt a shift in drug policy that moves away from criminalizing people who use drugs to one of decriminalization. The Portuguese model has given evidence that, when utilized along with other interventions, including harm reduction, prevention, enforcement and treatment strategies, decriminalization has led to an increase in treatment uptake, a reduction in drug-related deaths, and no increase in drug use.
In May 2021, the City of Vancouver submitted a request for an exemption from the Controlled Drugs and Substances Act to Health Canada, requesting urgent action to provide an exemption that would decriminalize personal possession of illicit substances within the city’s boundaries. One year later, the federal government has still not taken any meaningful action to advance this call for action.
As the Liberals drag their feet on this, with every passing day more people are dying from this overdose crisis. Make no mistake, the cost of inaction is real human lives. It also creates persistent personal, social and structural stigma against addiction, increases risk-taking and is an impediment to public health harm reduction initiatives.
The self-proclaimed feminist Prime Minister should know this: Criminalization causes greater harm to women. Women incarcerated for drug offences in B.C. tend to be younger and often undereducated. They commonly have a diagnosed mental disorder and a history of victimization. Incarcerated women have a higher rate of hepatitis C and HIV infections than men. Many are mothers. Separating children from their mothers is devastating, often resulting in foster care placement. Children with parents in prison are more likely to drop out of school and become involved with the prison system themselves, thus continuing the vicious cycle.
As lawmakers, it is our job to put in place policies that will help break this cycle. That is why I urge every member in this House to support Bill C-216. At least, let us send it to committee so that we could have that vigorous debate and so that we could invite witnesses to come before us to answer some of those questions that I just heard the Liberal parliamentary secretary raise. Even if members do not support this motion or have doubts about it, they should do the right thing by sending it to committee to hear witnesses.
Aside from decriminalization, Bill C-216 also calls for the expungement of criminal records that are solely related to minor possession. A criminal record poses often insurmountable barriers for people in finding employment and housing. They should not have to wear that as a noose around their neck. We need to change our laws.
The harms caused by interacting with the criminal justice system and the additional barriers posed by a criminal record throw people into a vicious cycle that often impacts the most vulnerable in our society. That is exactly why the NDP motion also asks the government to work with provinces to develop a strategy informed by health-centred solutions that addresses the root causes of problematic substance use.
To ensure a successful response to the overdose crisis, decriminalization must be complemented by the necessary supports. We can break this cycle today if we can act with courage and compassion.
I ask the government to end the war on drugs and save lives by decriminalizing personal possession now. The NDP motion is calling on the government to do exactly that. There can be no more delays. The time to act is now.
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