House of Commons Debates VOLUME 147 Ï NUMBER 186 Ï 2nd SESSION Ï 41st PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, March 13, 2015 Speaker: The Honourable Andrew Scheer CONTENTS (Table of Contents appears at back of this issue.) 12093 HOUSE OF COMMONS Friday, March 13, 2015 The House met at 10 a.m. The Supreme Court of Canada decision also stated that the Minister of Health must consider evidence, if any, of the five following factors when assessing an exemption application related to activities at a supervised injection site: one, the impact of such a Prayers facility on crime rates; two, the local conditions indicating a need for such a supervised injection site; three, the regulatory structure in place to support the facility; four, the resources available to support GOVERNMENT ORDERS its maintenance; and five, the expression of community support or opposition. Ï (1005) [English] RESPECT FOR COMMUNITIES ACT Why are supervised consumption sites considered to impact both Hon. Kevin Sorenson (Minister of State (Finance), CPC) public health and public safety? Let us look at what is actually at moved that Bill C-2, An Act to amend the Controlled Drugs and play when it comes to providing an application for an exemption to Substances Act, be read the third time and passed. the Controlled Drugs and Substances Act, or CDSA, for activities at a supervised consumption site. Mrs. Cathy McLeod (Parliamentary Secretary to the Minister of Health and for Western Economic Diversification, CPC): Mr. Speaker, I rise today to lend my voice to the ongoing dialogue on Bill C-2, the respect for communities act. As we have all heard, the CDSA controls activities involving controlled substances and precursors to minimize the risk of Since Bill C-2 was introduced in the House of Commons, it has diversion to an illegal use. The CDSA and its regulations do, been the subject of much debate. Over the past few months, we have however, allow access to controlled substances for medical, heard many different opinions about the proposed legislation. At the scientific, and public interest purposes. One way the CDSA makes same time, there are aspects of the bill I believe we should now all this possible is through exemptions under section 56 of the act. agree on. They relate to the bill's contribution to maintaining public Section 56 provides the Minister of Health with the authority to grant health and public safety in all of our communities. an exemption from provisions of the CDSA for activities involving controlled substances. As this is my first opportunity to speak about the bill, I will take some time to review the important points raised by the members of the House, the members of the Standing Committee on Public Safety and National Security, who led the consideration of this bill at Bill C-2 would amend section 56 to create a distinct regime for an committee stage, and the expert witnesses who were called before exemption for activities involving illegal substances that are that committee to share their knowledge and views on the substance obtained on the streets and are then used in supervised injection of this bill. sites. This is the reality of what is going on now, every day, at Insite. The health and safety of Canadians is something our government I hope we can all agree that a solid framework is needed when we are is committed to protecting and maintaining. It is an important issue, overseeing the use of street drugs in this way. which we campaigned on. It is why Canadians elected this government and why we stand on this side of the House working to bring forward bills that allow us to do just that. According to a 2008 report by the Canadian Centre on Substance What is this bill about? In its decision regarding Insite in 2011, the Abuse, supervised consumption sites are described as specialized Supreme Court of Canada affirmed the Minister of Health's facilities that provide injection drug users with sterile consumption discretion to grant or deny exemption applications and to request equipment and “a clean, unhurried environment”. The clients information for that purpose. In exercising her discretion, the frequenting these sites typically have a long history of drug use Minister of Health must take into account public health and public and drug abuse and often live on the margins of Canadian society, safety considerations in accordance with the charter. untouched by traditional health or social services. 12094 COMMONS DEBATES March 13, 2015 Government Orders It has been argued that these types of sites serve to meet the needs local area. These letters would contain their opinions on the of those who use drugs by serving as a point of entry into health and proposed activities and any public health and public safety concerns social services. However, it is also important to remind listeners that they might have. the drugs used on the grounds of the facility are illegal and that these pre-obtained illegal drugs are acquired on the black market, usually The applicant would need to provide a report outlining the views from drug dealers and others who are exploiting the addictions of of these groups and describing how they would respond to any Canadians. This market presents obvious health and safety risks, so relevant concerns raised during the consultations. The applicant it is only right that the Controlled Drugs and Substances Act should would also be required to describe proposed measures to address lay out a framework to address this. relevant concerns raised by the head of the local police force, the local government, and community groups. That is why the bill is clearly needed. The current system does not provide the tools needed to adequately consider the complex risks associated with supervised drug injection sites. Available information about crime and public nuisance, public use of illicit drugs, or inappropriately discarded drug-related litter, such The respect for communities act would provide the minister of as needles, would also have to be submitted, along with any law health with information needed to properly assess section 56 enforcement research or statistics on the subject. exemption applications and to balance public health and public safety considerations, in accordance with the charter. In addition, to address the safety of individuals and communities, To be more specific, the bill sets out the criteria that build upon the the applicants would need to provide a description of the potential five factors set out by the Supreme Court of Canada. These criteria impact of the proposed activities at the site on public safety. This would provide clarity to the applicants on the type of information the would include available information on crime in the vicinity of the minister would consider in an exemption application related to the site and in the municipality and a description of measures to be taken Controlled Drugs and Substances Act. to minimize the impacts. Given the serious risks to human health and public safety Applicants would also be required to provide information on associated with illegal drugs, and given that substances obtained security measures, record keeping, and the establishment of from illegal sources are known to contribute to organized crime, our procedures for the safe disposal of any controlled substances or government believes that exemptions to undertake activities with the devices that facilitate their consumption. Criminal record checks them should be granted only once rigorous criteria, identified in Bill for key employees would also need to be provided. C-2, have been addressed. Under Bill C-2, the minister of health would continue to have Members on the other side of the House have raised a variety of responsibility for granting the exemptions. However, to provide concerns regarding the proposed legislation and the information clarity and transparency in the application process, the bill sets out required to support an application for an exemption for activities the information requirements to inform these decisions. conducted at a supervised consumption site. I have looked at this very carefully through the lens of being both Ï (1010) a former mayor of a small town and a health care practitioner. I believe that what the minister has created in the bill is a positive and I would like to point out that we need to balance the obligations appropriate framework for these decisions. being placed on applicants with the needs of the Canadian public, meaning the individuals, organizations, and businesses that would Bill C-2 specifically identifies the type of information the minister become the eventual neighbours of any supervised consumption site would need to support informed decision-making. It would ensure in their communities. that the Minister of Health would have access to community perspectives from a broad range of relevant stakeholders so as to A typical and appropriate community process should happen at a give consideration to the potential impact a site could have on a local level. That is what this bill is about. It would set up clear particular community. To take that local government perspective, parameters and would require a thorough consultation process to they are often looking at zoning applications and uses for different ensure that applications for these supervised drug-injection sites pieces of property, and there are frequently very strong opinions on were thoroughly reviewed by local experts and community members both sides. Again, it is the community that has the ability to express as part of any decision. those opinions. The ability of people to express their opinions to help inform the decision-making is absolutely critical. Our government believes that it is important to give members of Applicants would have to provide a report on consultations with the public an opportunity to provide input into proposed activities the licensing authorities for physicians and nurses as well as with that could impact their communities.