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MINUTES OF PROCEEDINGS

Meeting No. 37

Wednesday, November 5, 2014

The Standing Committee on Public Safety and National Security met in a televised session at 3:39 p.m. this day, in Room 237-C, Centre Block, the Chair, Daryl Kramp, presiding.

Members of the Committee present: Hon. Wayne Easter, Randall Garrison, Roxanne James, Daryl Kramp and Rick Norlock.

Acting Members present: Hon. Diane Ablonczy for Blake Richards, John Carmichael for Larry Maguire, Libby Davies for Jean Rousseau, Ted Falk for LaVar Payne, Hon. Hedy Fry for Hon. Wayne Easter and Hélène LeBlanc for Rosane Doré Lefebvre.

Other Members present: Elizabeth May.

In attendance: Library of Parliament: Tanya Dupuis, Analyst ; Christine Morris, Analyst . House of Commons: Philippe Méla, Legislative Clerk.

Pursuant to the Order of Reference of Thursday, June 19, 2014, the Committee resumed consideration of Bill C-2, An Act to amend the Controlled Drugs and Substances Act.

The Committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of the Preamble and Clause 1, Short Title, were postponed.

The Chair called Clause 2.

Clause 2 carried on division.

Clause 3 carried on division.

On Clause 4,

Randall Garrison moved, — That Bill C-2, in Clause 4, be amended by deleting lines 14 to 24 on page 4.

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Hedy Fry moved, — That Bill C-2, in Clause 4, be amended by deleting lines 32 to 35 on page 4.

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Randall Garrison moved, — That Bill C-2, in Clause 4, be amended by replacing lines 37 and 38 on page 4 with the following:

“exemption may be granted for a scientific, medical or law enforcement purpose or other purpose that is prescribed or in the public interest;”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Clause 4 carried by a show of hands: YEAS: 5; NAYS: 4.

On Clause 5,

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended by deleting lines 16 to 26 on page 5.

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-2, in Clause 5, be amended

(a) by deleting, in the English version, lines 29 to 39 on page 5.

(b) by deleting, in the French version, lines 1 to 21 on page 7.

(d) by replacing line 38 on page 11 to line 36 on page 12 with the following:

“advisor who has agreed to provide advice on best practices in setting up the site;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 9.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended

(a) by deleting, in the English version, lines 29 to 39 on page 5.

(b) by deleting, in the English version, lines 29 to 36 on page 6.

(d) by deleting, in the English version, lines 17 to 26 on page 7.

(e) by deleting line 36 on page 11 to line 36 on page 12.

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by deleting line 40 on page 5 to line 25 on page 6.

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended by replacing line 30 on page 7 with the following:

“subsection (2) for a scientific or medical purpose or other purpose that is in the public interest, that”

RULING BY THE CHAIR

The amendment seeks to make a substantive modification to the definition of “supervised consumption site” in the interpretation clause of the Bill.

As House of Commons Procedure and Practice, second edition, states on page 769:

“The interpretation clause of a bill is not the place to propose a substantive amendment to a bill. In addition, an amendment to the interpretation clause of a bill that was referred to a committee after second reading must always relate to the bill and may neither exceed the scope of nor be contrary to the principle of the bill.”

In the opinion of the Chair, the proposed amendment is a substantive amendment to the interpretation clause. Therefore, the amendment is inadmissible.

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended by adding after line 34 on page 7 the following:

“(1.1) For the purpose of this section, any opinion must be evidence-based.”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended by replacing line 38 on page 7 to line 3 on page 8 with the following:

“provisions of this Act or the regulations if, in the opinion of the Minister, the exemption is necessary for a medical, law enforcement or prescribed purpose or otherwise in the public interest”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended by replacing line 3 on page 8 with the following:

“medical, law enforcement or prescribed purpose or is otherwise in the public interest”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-2, in Clause 5, be amended by replacing line 11 on page 8 to line 41 on page 12 with the following:

“(3) The Minister shall consider an application for an exemption for a medical purpose under subsection (2) that would allow certain activities to take place at a supervised consumption site by considering whether denying an exemption would cause deprivations of life and security of the person — as described in section 7 of the Canadian Charter of Rights and Freedoms — that are not in accordance with the principles of fundamental justice. The Minister shall take into account the following factors when determining whether to grant the exemption:

(a) information, if any, on the site's potential impact on rates of crime in its vicinity;

(b) the local conditions that indicate a need for the site;

(d) the resources available to support the maintenance of the site; and

(e) expressions from within the community of support for or opposition to the site.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended by replacing lines 11 to 15 on page 8 with the following:

“(3) The Minister shall consider, within a reasonable period of time, an application for an exemption under subsection (2) that would allow certain activities to take place at a supervised consumption site and may request that any of the following items of information be submitted as part of an application, if such an item is reasonably available and is necessary to enable the Minister to make a determination:”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-2, in Clause 5, be amended by replacing line 15 on page 8 with the following:

“and may request that the following information accompany the application:”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended

(a) by replacing line 21 on page 8 with the following:

“(b) materials, if any, that have been produced by the provincial minister, ministry or agency that”

(b) by replacing lines 24 to 26 on page 8 with the following:

“(ii) describe how those activities are or could be”

“(iii) provide information about access to”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by replacing lines 21 to 31 on page 8 with the following:

“b) a letter from the Provincial/Terrritorial Minister of Health that provides rationale for and endorses the application”

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-2, in Clause 5, be amended

(a) by replacing lines 24 and 25 on page 8 with the following:

“(i) provides information about the cost to the health care system of the treatment of HIV and Hepatitis C (HCV) and about emergency treatment for persons who would participate in the proposed activities of the site,”

(b) by replacing line 28 on page 8 with the following:

“system as well as the resources available to support the maintenance of the site and provides information about the regulatory structure in place to support it, and”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended by replacing lines 33 to 38 on page 8 with the following:

“(c) materials, if any, that have been produced by the medical official responsible for health in the municipality in which the site would be located and that

(i) indicate how those activities are or could be integrated into local health services in the municipality, and

(ii) provide information about access to drug treatment services, if any, that are available in the municipality for persons who would use the site;”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-2, in Clause 5, be amended by replacing lines 35 and 36 on page 8 with the following:

“located that

(i) provides information about vulnerable populations in the area of the proposed site — including people who are Aboriginal persons, low-income or homeless individuals, survival sex workers or persons who are suffering from a mental illness or have a disability — and outlines programs already available to assist them, and

(ii) outlines any”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by replacing lines 35 to 38 on page 8 with the following:

“located that provides rationale for and endorses the application for the exemption;”

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by deleting lines 39 to 42 on page 8.

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended by replacing lines 40 to 42 on page 8 with the following:

“reasonable measures that have been taken or will be taken to address potential public health and public safety concerns related to the operation of the site;”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-2, in Clause 5, be amended by replacing line 41 on page 8 to line 18 on page 9 with the following:

“taken to address potential public health and safety concerns;”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by replacing lines 1 to 4 on page 9 with the following:

“would be located that provides rationale for and endorses the application for the exemption;”

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Randall Garrison moved, — That Bill C-2, in Clause 5, be amended by replacing lines 5 to 8 on page 9 with the following:

“(f) a description by the applicant of how the proposed site will provide a safe environment for those struggling with drug addiction and how it could contribute to a healthier lifestyle in the future;”

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by replacing lines 12 and 13 on page 9 with the following:

“located that provides rationale for an endorses the application for the exemption;”

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by replacing lines 17 and 18 on page 9 with the following:

“provides rationale for and endorses the application for the exemption;”

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by deleting lines 19 to 42 on page 9.

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-2, in Clause 5, be amended by replacing line 24 on page 9 with the following:

“information, including trends, on crime and public nuisance”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by deleting lines 40 to 42 on page 9.

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by deleting lines 1 to 5 on page 10.

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by deleting lines 6 to 11 on page 10.

After debate, the question was put on the amendment of Hedy Fry and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Hedy Fry moved, — That Bill C-2, in Clause 5, be amended by deleting lines 12 to 18 on page 10.