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Core 1..186 Hansard (PRISM::Advent3b2 17.25) House of Commons Debates VOLUME 147 Ï NUMBER 017 Ï 2nd SESSION Ï 41st PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, November 8, 2013 Speaker: The Honourable Andrew Scheer CONTENTS (Table of Contents appears at back of this issue.) 915 HOUSE OF COMMONS Friday, November 8, 2013 The House met at 10 a.m. substances, especially really hard drugs. I therefore wanted to know how the government was amending section 56. I encourage hon. members to read this atrocity. It is truly a legal atrocity. The original provision was five lines long. Now I have lost track of how many Prayers pages it is. When I say that it is many pages long, I mean that I could probably spend the next 18 minutes of my speech in the House reading out the changes that this government is trying to make. GOVERNMENT ORDERS In Canada v. PHS Community Services Society, the nine Supreme Ï (1005) Court justices rendered a unanimous decision that was a major slap [Translation] in the face to the government. The Supreme Court told the government that its actions were inappropriate. RESPECT FOR COMMUNITIES ACT This bill is the Conservative government's response to the The House resumed from November 4 consideration of the motion Supreme Court of Canada. In its ruling, in very plain and clear that Bill C-2, An Act to amend the Controlled Drugs and Substances language, the court said that InSite provides essential services and Act, be read the second time and referred to a committee, and of the should remain open under the exemption set out in section 56 of the amendment. Controlled Drugs and Substances Act. The court ruled that users Ms. Françoise Boivin (Gatineau, NDP): Mr. Speaker, I am were entitled to access InSite's services under the charter and that the pleased to rise in the House to speak to Bill C-2, which was delivery of other similar services should also be granted an previously introduced as Bill C-65 at the end of the last exemption under that section. parliamentary session. However, it was one of the bills that ended up in parliamentary limbo with the prorogation requested by the The court therefore provided an unequivocal response to what was Conservative government. It has therefore come back as Bill C-2, An happening. There is no denying that this was seen as a victory in Act to amend the Controlled Drugs and Substances Act. Vancouver. Mr. Speaker, as is my custom as the justice critic for our party— No one wants to provide easy access to drugs. No one wants to tell and having been one yourself, I am sure you will understand—I am people to go ahead and shoot up and that we will have a big party looking at this bill as a lawyer. I will not claim to be an excellent and sing Kumbaya. That is not at all the issue. This technique was lawyer, as I have heard the member for Ottawa—Orléans do in the tested and implemented. It has been shown that supervised injection House, but nevertheless I will have nearly 30 years of experience as sites have positive effects and result in fewer overdose-related a lawyer next year. deaths. These sites have even helped people to overcome their drug addictions. This very important bill has quite a striking title: An Act to amend the Controlled Drugs and Substances Act. I looked at what it was However, this ideological government decided to simply ignore amending and what it would be changing, because I like to the lesson given by the Supreme Court in Canada v. PHS understand what we are trying to do in the House. Community Services Society—a decision that, I repeat, was The bill basically amends section 56 of the Controlled Drugs and rendered by 9 out of 9 judges on September 30, 2011. Substances Act, which I will read. That really enlightened me about I encourage hon. members to read the new version of section 56 the problem we have and often go through in the House. Prior to the that will exist if the House passes this bill. It is an atrocity. proposed Bill C-2, section 56 provided the following: The Minister may, on such terms and conditions as the Minister deems necessary, I will spare the House subsections 56(1) and 56(2). Instead, I will exempt any person or class of persons or any controlled substance or precursor or any focus on subsection 56.1(3). I will not be talking about subsections class thereof from the application of all or any of the provisions of this Act or the 56.1(1) and 56.1(2), your honour. Excuse me, Mr. Speaker; I have 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. court on my mind. Perhaps I am psychic, Mr. Speaker, and someday you will be a judge. This short provision seemed relatively clear to me. Everyone in the House agrees that we want to regulate certain drugs and other Subsection 56.1(3) reads as follows: 916 COMMONS DEBATES November 8, 2013 Government Orders 56.1(3) The Minister may consider an application for an exemption for a medical 56.1(3)(y) if any of the persons referred to in paragraph (w) has ordinarily resided purpose under subsection (2) that would allow certain activities to take place at a in a country other than Canada in the 10 years before the day on which the supervised consumption site [we know what the government is trying to do here] application is made, a document issued by a police force of that country stating only after the following have been submitted [members will be shocked]: whether in that period that person (a) scientific evidence demonstrating that there is a medical benefit to individual (i) was convicted... or public health associated with access to activities undertaken at supervised consumption sites [that will be easy enough to demonstrate]; Now I will go to paragraph 56.1(4)(a): (b) a letter from the provincial minister who is responsible for health in the province in which the site would be located that; Ï (1010) (i) outlines his or her opinion on the proposed activities at the site, 56.1(4)(a) evidence, if any, of any variation in crime rates in the vicinity of the (ii) describes how those activities are integrated within the provincial health site during the period beginning on the day on which the first exemption was granted care system, and under subsection (2) in relation to the site and ending on the day on which the application is submitted; and (iii) provides information about access to drug treatment services, if any, that are available in the province for persons who would use the site; (b) evidence, if any, of any impacts of the activities at the site on individual or (c) a letter from the local government of the municipality in which the site would public health during that period. be located that outlines its opinion on the proposed activities at the site, including any concerns with respect to public health or safety; This goes on for pages and pages. If the government just wanted (d) a description by the applicant of the measures that have been taken or will be to say that it does not want any supervised injection sites, it could taken to address any relevant concerns outlined in the letter referred to in have simply said so, instead of having us read all this legal gibberish paragraph (c); that will not even pass the necessary legal tests, especially Paragraph (e) is about the head of the police force. considering the Supreme Court's decision in Canada v. PHS Community Services Society. That decision, I repeat, was like a I am trying to read quickly because it would take all day to read big slap in the face to the Conservative government: nine to zero. out what applicants would have to prove in order to be granted an The court told the government that what it was doing was wrong and exemption. that it was jeopardizing public safety, yet this government professes 56.1(3)(f) a description by the applicant of the proposed measures, if any, to to champion public safety. It engages in all these little schemes that address any relevant concerns outlined in the letter referred to in paragraph (e); seem to please its militant supporters. It is sending all the wrong To understand these provisions, anyone seeking to provide a messages regarding the benefits this bill will have. service that the Supreme Court has declared necessary to the health Reading this bill sends the message that as soon as it passes and and safety of certain individuals would need legal and addictions comes into effect, in some big cities like Vancouver, for instance, experts. Good job. which already has a program that works very well, Canadians will be 56.1(3)(i) a description of the potential impacts of the proposed activities at the in danger, much more so than before this legislation. Big cities like site on public safety, including the following: Ottawa are taking part in this debate. It is a divisive issue. This (i) information, if any, on crime and public nuisance in the vicinity of the site and information on crime and public nuisance in the municipalities in which government really likes to pit people against one another and supervised consumption sites are located, especially to run fundraising campaigns.
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