:
I call this meeting to order.
Welcome to meeting number 110 of the House of Commons Standing Committee on Health.
As a safety reminder, please ensure that your earpiece is not too close to the microphone, as it can cause feedback and potential injury.
In accordance with our routine motion, I'm informing the committee that all remote participants have completed the required connection tests in advance of the meeting.
Pursuant to Standing Order 108(2) and the motion adopted on November 8, 2023, the committee is resuming its study on the opioid epidemic and toxic drug crisis in Canada.
I'd like to welcome our panel of witnesses here with us today.
As an individual, we have Dr. Nathaniel Day, provincial medical director of addiction at Alberta Health Services.
Our witnesses are appearing by video conference. We have the British Columbia Association of Chiefs of Police, which is being represented by Fiona Wilson, president and deputy chief of the Vancouver Police Department. We have the Canadian Association of Chiefs of Police, which is being represented by Rachel Huggins, deputy director and co-chair of the drug advisory committee. From the Royal Canadian Mounted Police, we have Dwayne McDonald, deputy commissioner, and Will Ng, assistant commissioner.
Welcome to all of our witnesses. Thank you for being here.
I'm sure you've been advised that you have five minutes for your opening statements.
We're going to begin with you, Dr. Day. Welcome.
You have the floor.
:
Thank you, Chair, for the opportunity to speak to your distinguished committee today.
I'm Dr. Nathaniel Day, the provincial medical director of addiction for Alberta Health Services. I am also the person who designed and, with our team, implemented Alberta's virtual opioid dependency program. I was a member of the minister's opioid emergency response commission in Alberta under the Notley government and I was the co-chair of the recovery expert advisory panel for Alberta's current government.
I will briefly summarize some of the actions we have taken in Alberta to respond to the current phase of the opioid addiction and overdose crisis. I will raise things that I think are successful and could be replicated. Of course, a long-term problem requires long-term effort in order to see maximal benefits.
As recently as 2016, Alberta, like all jurisdictions, struggled to meet the needs of people with opioid addiction living anywhere not immediately local to a bricks and mortar opioid dependency treatment program. All jurisdictions have struggled with this problem. I proposed a new approach that provided virtual care, now expanded to every community in Alberta. To our knowledge, we were the first program to ever look at exclusively virtual care with no in-person component. We collected data on outcomes for our patients, which was published in the literature. By providing virtual service, we were able to reach people who had never been reached previously. We served people in 331 different communities, villages, cities and hamlets all across our geography.
Since 2018 we have not had a wait-list for services. If you need help today, you get help today. Right now there are people in Alberta who are certainly calling in for help, and then our allied health team starts an assessment. Our physicians work on shift 24 hours per day to assess and treat. Prescriptions go out to pharmacies closest to the patient, including delivery to remote indigenous communities. Because we use virtual tools, we can also support new places where people with opioid addiction are located. Our objective is to reach anyone who needs our care, wherever they may be.
For example, we have found that police, like all frontline workers, want to help the people they encounter who suffer from addiction. Police in all jurisdictions have people who use opioids, who are arrested for any reason and who, while waiting to see a justice of the peace, are going into or are at risk of going into withdrawal. In Alberta, when a person is under arrest they can be connected confidentially, using the same rooms that a person would use to speak with a lawyer, to get a health care intervention to manage their withdrawal, and an invitation to continue with us if they choose. About 10% of those patients are filling prescriptions in community 90 days later.
We supported the Province of Alberta's encampment response. We provide support to people in shelters, low-barrier housing programs and supervised consumption sites—essentially wherever a person is who wants service. Alberta is expanding access to bed-based services. Government has funded access to bed-based treatment spaces that were previously private. Government has eliminated the copay for addiction treatment. Alberta's government has also announced 11 new recovery community treatment programs, two of which are now in operation. The others are in various stages of planning or construction.
Alberta is working with provincial corrections to expand meaningful treatment for people with addiction who are incarcerated. Alberta has legislated licensing and accreditation standards for addiction service providers. This ensures that any Albertan who accesses our system of care receives evidence-based quality services.
We have a gap medication program that gives no-cost provision of Suboxone, Sublocade or methadone to anyone with a health care number, with no application and no delay.
There is much more that we could talk about. I will conclude with this: We would not be in this situation if our communities and families were as healthy as they could be. I recommend that this committee support only initiatives that will improve community and family wellness. It is important that all people with addiction—which touches all Canadian families and communities—be offered hope. Hope is, in my opinion, the antidote to stigma. Hope is powerful, and the evidence shows that when it sets in, it increases positive outcomes.
Good afternoon, everyone. I am Fiona Wilson. I am President, British Columbia Association of Chiefs of Police, and Deputy Chief, Vancouver Police Department
In my role as president of the British Columbia Association of Chiefs of Police, I'm honoured to share with the House of Commons Standing Committee on Health our experience as police leaders with decriminalization in British Columbia.
The decriminalization exemption was issued under section 56(1) of the Controlled Drugs and Substances Act by Health Canada. It took effect over a year ago, on January 31, 2023. The exemption is part of a three-year pilot project that aims to take a health-led approach to substance use, as opposed to one led by the criminal justice system.
In British Columbia, we know all too well the severity of the toxic drug death crisis. Yesterday marked eight years since a public health emergency was declared in British Columbia on April 14, 2016. Since that time, tragically, more than 14,000 British Columbians have died from accidental overdose.
We've seen the crisis have the greatest per capita impact on rural communities, including those in northern British Columbia, on Vancouver Island and in the Cariboo. In many of these rural communities, the crisis can be double or triple the provincial average. Sadly, the highest per capita impact has been in Vancouver-Centre North, which includes Vancouver’s Downtown Eastside. Here, the stark reality is that the overdose crisis is more than 12 times the provincial average.
We recognize that the crisis has had an especially devastating impact on indigenous people in British Columbia. Alarmingly, indigenous people are six times more likely to be impacted by the crisis than non-indigenous British Columbians.
In recognition of the magnitude of this crisis, police leaders in B.C. supported decriminalization and taking a medically led approach to substance use. At the heart of it, police agree that people should not be criminalized as a result of their personal drug use.
In terms of police data, across British Columbia there has been a more than 90% reduction in drug seizures at or below the 2.5-gram threshold. Based on these results, I'm confident that frontline police officers are doing their part to implement the decriminalization exemption and to support a health-led approach to substance use.
However, the implementation of decriminalization has not occurred without criticism or concerns.
As police leaders, we were unequivocal about the need to prevent unintended impacts on community safety and well-being, especially for youth. The British Columbia Association of Chiefs of Police clearly identified some of those potential consequences prior to the submission of the exemption request, both orally and in writing. These serious concerns included but were not limited to the matters of public consumption, consumption in licensed establishments and other places such as cafés and restaurants, and impaired driving.
However, the implementation of decriminalization occurred before more extensive restrictions on public consumption and problematic substance use could be adopted. While the vast majority of people who use drugs do not want to do so in a manner that negatively impacts others, there have been several high-profile instances of problematic drug use at public locations, including parks, beaches and around public transit. In addition, there have been concerns from small businesses about problematic drug use that prevents access by customers or negatively affects operations.
To address some of these concerns, after significant advocacy on the part of police in B.C., three additional exceptions were added to the exemption on September 18, 2023. In addition, the Province of British Columbia has taken significant steps to enact legislation that would prevent problematic substance use that negatively impacts community members, especially youth. However, before this legislation came into effect, a B.C. Supreme Court injunction was granted based, in part, on the section 7 charter rights of people who use drugs.
Given the scope of the crisis, it is apparent that decriminalization is only one strategy and that it must be part of a broader, multi-faceted response. Additional strategies include increased efforts in the areas of education, prevention and treatment and in the provision of enhanced health services to communities across B.C. While much work is occurring in these areas and significant investments of public resources have been made, it's clear that while decriminalization was able to come into effect in a relatively short time frame, these other strategies will take significantly longer to achieve and implement.
While working toward better health outcomes for people who use drugs, there must also be consideration of the needs and well-being of the broader public. I believe that other jurisdictions that have implemented or considered decriminalization, only to later abandon it, have done so because of unaddressed and unintended impacts on community safety and well-being.
Thank you.
Distinguished members of this committee, I'm pleased to have the opportunity to address you today on this very important issue.
It's important to begin by noting that law enforcement agencies across the country acknowledge that the opioid crisis is a public health issue. While police have a critical role to play in terms of preventing illicit drug distribution, curbing supply and safeguarding communities, we recognize and understand the need for a comprehensive approach that addresses the social determinants of health. This requires coordinated efforts across government, health care, the justice system, police and community organizations.
In July 2020, the Canadian Association of Chiefs of Police called for a broad societal response that includes prevention, education, support systems and access to treatment for those affected by drugs. We also supported the decriminalization of simple possession of illicit drugs as an effective way to reduce the stigma of substance use disorders, reduce public health and safety harms and divert individuals with substance use disorders away from the criminal justice system.
As you heard from my fellow co-chair of the CACP drug advisory committee, Deputy Chief Fiona Wilson, our early experience with formal decriminalization for simple possession of illicit drugs has had some unintended but not completely unexpected consequences.
Preliminary results of this pilot project have proven what police leaders have stated from the beginning: Decriminalization of drugs for personal use is only one part of a system and has to be part of an integrated, health-focused approach to addressing the opioid crisis and toxic drug supply.
Today the CACP reaffirms its commitment to a health-centred approach to the drug issue and reaffirms that addressing the opioid crisis includes the decriminalization of possession of illicit drugs.
In the past four years, important procedural and legal reforms, as well as training, have been implemented. These have led to a significant shift in police and public perception about substance use disorders, as well as a decline in simple possession charges, thereby reserving criminal sanctions for the most serious circumstances.
Decriminalization is about preventing the unwanted criminalization of personal substance use, creating a continuum of care to ensure that persons who use drugs are better connected with health supports and, finally, third, allowing the police to focus on serious illicit drug trafficking and production offences.
The pilot project implemented in British Columbia succeeded in achieving the first goal, which is procedurally and fiscally easy to attain.
Creating a continuum of care is much more challenging, as well as resource-intensive, but the successful achievement of goal number one depends on the successful implementation of actions to support the achievement of goals two and three.
From a police perspective and as police leaders, we see the critical importance of having the appropriate health and social structures in place before proceeding with changes to the legislative framework that would formalize the decriminalization of simple possession.
In conclusion, from a public safety perspective, Canada's police leaders believe that the success of any strategy in relation to the ongoing crisis of toxic drug supply should be measured based on its ability to improve health outcomes, reduce the impact of organized crime and address the property crimes and public safety issues that result from unaddressed substance use disorders.
The CACP believes that any strategy that is considered must be medically led and based on empirical medical research, and must provide increased health connections with medical professionals for people living with substance use problems.
Thank you.
:
Thank you, Chair. Good afternoon.
I'm Deputy Commissioner Dwayne McDonald, the commanding officer of the British Columbia Royal Canadian Mounted Police. I oversee over 10,500 employees, of which 6,800 are police officers. We deliver municipal, provincial and federal policing throughout B.C.
I would like to acknowledge that I'm joining you here today from our headquarters, which is situated on the unceded territories of the Katzie, Kwantlen and Semiahmoo First Nations.
I'm joined here by Assistant Commissioner Will Ng. He's our criminal operations officer for British Columbia and he serves as a single point of control and coordination of all investigative, intelligence and specialized RCMP resources within the province of B.C., ensuring alignment and enhanced delivery to the municipal and provincial contract partners.
Thank you for giving us the opportunity to speak today.
We're here to provide perspective and information about the impact the opioid crisis is having on policing for the RCMP in British Columbia. I'll explain our role, our training, our challenges and some recent investigative findings.
Since 2015, the RCMP has been grappling in British Columbia with the alarming rise in overdose deaths, a rise fuelled by the increased prevalence of fentanyl in the illicit drug supply. This crisis has not only claimed thousands of lives; it has also left a profound impact on our communities.
Since the declaration of a province-wide health emergency in April 2016, over 13,000 lives have been lost to toxic, unregulated drugs in British Columbia. This is a crisis that knows no bounds. It affects people from all walks of life and communities across the province.
Indigenous communities in B.C. have borne a disproportionate burden of the crisis, facing higher rates of opioid addiction, overdose and death compared to the general population. Persons with mental health disorders or poor mental health are also overrepresented among those affected by the opioid crisis.
It's clear that this is not just a law enforcement issue: It's a public health crisis that demands a compassionate and comprehensive response.
As you are all aware, as of May 31, 2022, B.C. became the first province in Canada to receive an exemption from Health Canada under subsection 56(1) of the Controlled Drugs and Substances Act. The exemption decriminalized the personal possession of illicit substances. We are now in our second year of the exemption, which is valid until January 31, 2026.
The B.C. RCMP continues to support our partners and stakeholders as we all work through the implementation of this exemption. As a police agency, our role is to redirect people in possession of small amounts of certain illicit drugs away from the criminal justice system and towards health and social services. The RCMP continues to support all efforts to ensure that an overdose emergency is dealt with as a health and medical emergency.
Emergency medical dispatchers assessing calls no longer call for police assistance in every drug overdose emergency. Police are only notified in overdose calls if the situation is believed to be dangerous to first responders or members of the public, or for suicide attempts, whether they are drug-related or otherwise.
It's crucial to note that drug trafficking remains an offence under the Controlled Drugs and Substances Act. The RCMP is committed to investigating and prosecuting such offences. Additionally, the RCMP prioritizes upholding the rule of law and ensuring the safety and security of the communities it serves by targeting violent offenders, deterring youth from joining gangs and combatting gang-related violence resulting from the drug trade.
Efforts also include dismantling drug production labs and curbing cross-border trafficking, including the importation of precursors.
To support the implementation of the exemption and ensure consistent enforcement, the RCMP collaborates with the B.C. Ministry of Mental Health and Addictions and the B.C. Ministry of Public Safety and Solicitor General, as well as with our law enforcement partners, to provide training and resources to frontline officers. We've equipped our officers with the skills and knowledge necessary to navigate the complexities of the exemption and respond effectively to overdose emergencies.
However, challenges persist. Despite the progress made, the management of public drug consumption following decriminalization remains a concern. Additional legislation is needed to address public consumption in non-exempted areas. We're actively monitoring the provincial government's effort in this regard. We also continue to work with our cities and our indigenous communities to address public safety concerns surrounding the unintended impacts of public consumption.
The diversion of safer supply into the illicit drug trade also presents an emerging concern that requires forthright attention. Through ongoing investigations in collaboration with health authorities, we are working to better understand and address this issue to prevent further harm. Efforts are under way to improve our data capture and our analysis with the objective of developing a clearer understanding of this issue. Furthermore, we are currently working to develop training and education tools to help support our frontline officers recognize diverted safer supply.
We also recognize the frustrations and challenges felt by our indigenous communities, which continue to bear a disproportionate burden under the opioid crisis. As a partner in this fight, the RCMP is committed to working alongside indigenous communities and agencies to develop and implement long-term strategies to address the root causes of drug addiction. We will also continue to hold accountable those who traffic drugs in these communities.
In closing, I want to reaffirm the RCMP's unwavering commitment to tackling the opioid crisis here in British Columbia. We will continue to partner with government agencies, communities and stakeholders to save lives and bring an end to this devastating crisis.
Thank you for the opportunity to address the committee today. Assistant Commissioner Will Ng and I are available to answer any questions you may have.
:
I'd be happy to do that.
This is how it works today in Alberta. If, for example, a person is at home and they are concerned about their opioid use or maybe they have run out of their supply of drugs and they're in withdrawal, they can just call a toll-free number—1-844-383-7688—directly and they will immediately be connected with an allied health team member who will start to explore their situation. In Alberta we have the benefit of single medical health records, so we're able to see all of that person's health records from their hospital visits, previous overdoses and things like that.
Once that person completes their assessment with our allied health team, almost immediately—or usually in no more than 15 minutes, depending on how many people are phoning at one given time—they're connected with an addictions specialist who can then walk through what their treatment options are. That specialist will prescribe a pathway forward for them to start evidence-based treatment medications.
The prescription is sent to the pharmacy closest to where they live or work, according to their preference, and that person can start treatment that very day.
Our team, of course, will follow up with that person later that day or the next morning to see how they're doing, and we will adjust the care from there.
Thank you to all the witnesses for appearing and for the learning.
I want to echo Ms. Goodridge's congratulation on the virtual care program. I think there's a lot for the whole country to learn from the successes there, Dr. Day.
I'm going to focus on other areas.
A new paper just out yesterday or today in the Canadian Medical Association Journal shows that in 2021, one in 13 deaths among people under 85 in Alberta was opioid-related. I'm sure you're familiar with the paper. For Albertans aged 20 to 39, incredibly, opioids accounted for one in every two deaths. In some of the graphs in the article, the differences between Alberta and the other provinces is, frankly, quite alarming.
Towards the end, the article says, “...the burden of premature death from accidental opioid toxicities in Canada dramatically increased, especially in Alberta, Saskatchewan, and Manitoba.” This suggests that Alberta is outpacing the rest of Canada when it comes to opioid-related premature mortality. From what I've seen, the 2023 data do not look any more reassuring.
At the same time, that contrasts with, I would say, quite a positive note struck recently by your premier, who said that, over time, “far fewer” Albertans have lost their lives to addiction in our province and that “many drugs have their lowest mortality on record”. I know that she's referring to the decrease in other areas apart from illicit opioids, but the death rate from toxic illicit opioids by far eclipses all other causes and continues to rise.
All this is to say that when we have six Albertans dying per day and when aspects of the full spectrum of approaches are being pulled back at the same time, perhaps you could summarize and maybe justify the approach Alberta has taken.
How is the Alberta experiment going so far?
:
Thank you for that question.
If we look at the overdose crisis overall and the number of fatalities, we see that British Columbia has the highest rate per 100,000 population in Canada. Alberta comes in second, and Ontario is third. Certainly the arrival of fentanyl and carfentanil in our jurisdiction does not go unnoted. None of us are happy with the number of fatalities that are happening because of fentanyl and carfentanil usage.
That being said, the reality is that we have an obligation. I view my obligation in Alberta Health Services as an obligation to ensure that we're building the best possible treatment system that we can, one that's accessible to people when they need it so that they can move along the continuum of care and receive evidence-based care.
Unfortunately, part of the story of what's happening in Alberta has not been narrated by Alberta. For example, in Alberta and previously, as I discovered looking at transcripts for this committee, Alberta does have exactly the same number of supervised consumption sites today as it had six or seven years ago. Alberta recently, just last year, opened six narcotic transition service sites that provide hydromorphone by injection or orally under supervision. Those medications cannot leave the site. The sites are intended to help people with the most extreme form of opioid addiction and the most negative consequences of it.
Furthermore, Alberta, as an example, distributed nearly a quarter of a million naloxone kits last year, so there are a lot of things happening in the harm reduction space that don't really make it to the front pages. I wouldn't say that Alberta is not investing in or working on those areas.
Where Alberta perhaps is different is that Alberta is trying to implement a recovery-oriented system of care, so that a person who enters care at a narcotic transition service site or in a supervised consumption site is encouraged, and there's work done to try to connect that person with treatment supports going forward.
:
I'm not sure that I can speak to the outcomes of people who aren't engaged in the health system. It's very difficult to measure that.
To your comment, there was a supervised consumption site in Lethbridge run by a not-for-profit society, and it was closed, but the services were immediately transitioned to a site that's under my supervision. It's called an overdose prevention site, so it's not technically a supervised consumption site, but it has booths. It's operated by our public health care system. It's located in the parking lot just outside of the Lethbridge shelter that is operated by the local indigenous community, actually.
In terms of outcomes overall, I can say with assurance that whether it was the previous government or the current government, all efforts are looking towards improving outcomes for Albertans. Every initiative, every project we have is intended to make our system better, more comprehensive, with fewer gaps, so that people who need the services will be able to receive them.
:
Diversion of prescription medication is nothing new. When I walked the beat in the Downtown Eastside 25 years ago, there was always somebody standing at Main and Hastings offering T3s, for example, so the issue of diversion is not new.
I think the devil's in the details when we're talking about diversion, because there's certainly diversion of prescription medication, which is different from, but inclusive of, the diversion of the safe supply medicine chain.
Then of course there is what is a much more pressing issue to me as a police leader: the matter of counterfeit pills that are produced, and can be produced, in very large quantities. The problem with that is they look exactly like prescription pills, so the possibility of someone dying as a result of taking what they think is a diverted prescription is actually quite high, because we don't know what's actually contained in those counterfeit pills. From an organized crime perspective, that can be really scaled up. Unlike diverted prescriptions or diverted safe supply, which is very limited and more of a street level phenomenon, the issue of counterfeit prescription medication is capable of really scaling up, and that's a huge issue. Certainly, that's one thing.
When it comes to what is the most deadly part of our drug supply, it's fentanyl, absolutely, since 85% of overdose deaths are attributable to fentanyl. Then come cocaine and then methadone.
What we don't see, at least not in Vancouver.... I can't speak for the whole province on this, despite the fact that I am here in my capacity as president of the British Columbia Association of Chiefs of Police. I don't know the nuances in all communities across the province, but in Vancouver that's where our focus is, because that's what people are dying from according to the coroner's data. They're not dying from diverted safe supply and they're not actually dying from diverted prescription medication; they're dying from fentanyl, coke and meth, and that's where we really focus our enforcement efforts.
:
Sir, the definition of “widespread” is “distributed over a wide region, or occurring in many places or among many persons or individuals”.
Assistant Commissioner John Brewer is on the record as saying, “there is currently no evidence to support a widespread diversion of safer supply drugs in the illicit market in BC or Canada.”
We know from testimony as well as from reports of these investigations and, indeed, from these arrests that it is taking place in Prince George, Campbell River, Victoria, Nanaimo, Kamloops, Kelowna and, indeed, first nations across our area and in Alberta. Just by the very nature of all those communities, common sense would say that is a widespread problem.
Let me start off by saying that like all of you here, my sympathies are overwhelmingly with those who've lost people to the drug crisis.
However, I want to talk about a different aspect of this problem.
A few months ago, I was in a downtown bar here in Ottawa—not that I do that very often. One of the colleagues I met up with was assaulted as he was going to the bar. Another one was threatened. Also, within about a month of that, I was returning down Wellington Street from downtown, from the Rideau Centre. My son, who is 15, was coming after me. It was nighttime, and there was someone out in the middle of the street yelling, screaming and accosting cars. I spoke to the parliamentary police and told this to them. They said that he's someone they know and not to worry about him. My son didn't know that, so I waited for him. I didn't want him to have to face some crazy person accosting him in the street.
There is certainly the perception among a lot of Canadians that a lot of downtown cores are out of control. Certainly there's also the perception that around places like safe supply and safe injection sites, things are worse—that there are people openly stoned in the street and getting CPR performed on them in the street, or that there are needles and excrement in the street.
One of the pillars of the Swiss approach to their drug problem is trying to decrease harm to society. I would note that this is not part of the Canadian approach. Does that need to be part of the approach?
I'm asking this of the representatives of the police out there: Do you agree that this is a problem? Do you agree that a lot of Canadians who aren't involved with drugs are increasingly unhappy with society in the downtown cores that are this way? Do you want to do more about this? If so, what do you need to better address this situation?
Let me start with the RCMP and then we'll go on from there.
:
Chair, I can address that question.
It's not lost on me that your example was in Toronto, where there is actually no decriminalization. I'm happy to comment on our decriminalization experience here in British Columbia as it relates to public consumption. This is because I couldn't agree more with Deputy Commissioner McDonald that the matter of public consumption on our streets is something that we were very concerned about before the application went in for the section 56 exemption, and we continue to be concerned about it to this day.
In fact, all of the concerns that we had have been realized. We've had some really concerning examples of public consumption, despite the fact that, in my experience, the vast majority of people who use drugs have no interest in doing so in front of children, for example, or in manners that I think are problematic.
I have to give our provincial government credit for doing everything it could to come up with a public consumption act. Unfortunately, that act has been prevented from coming into force as a result of an interlocutory injunction that was issued by the chief justice of the B.C. Supreme Court.
There have been efforts to address that. It would have been nice to have that matter addressed prior to the submission of the request for the section 56 exemption. It is an ongoing challenge here in British Columbia, for sure.
:
Yes. Through the chair, thank you for your question.
Related to tools for law enforcement, with decriminalization in place, we are not seizing quantities below 2.5 grams. We are not pursuing investigations on those offences that we would have pursued prior to decriminalization.
That said, we now need tools to target the ones who are actually selling and trafficking the illicit drugs to users and, ultimately, the ones who are actually producing the toxic drugs that are, sadly, causing the deaths. I note that there are precursors utilized to manufacture fentanyl and methamphetamines and other opioids. A number of these precursors are currently unregulated, meaning that they're legal to possess and utilize, and the police do not have the powers currently to seize or to investigate the possession of these chemicals.
It would be great for law enforcement if there was an effort made to start to schedule and regulate these types of chemicals to allow, permit and give authority to the police to seize these chemicals to prevent the manufacture of the illicit substances.
We know that the expert task force came back with some unanimous recommendations, and it was chaired by Mike Serr, the former president of the Canadian Association of Chiefs of Police. Their recommendations were unequivocally unanimous and supported stopping the criminalization of people who use substances; providing a safer supply of substances to people who use substances and require them; and scaling up prevention, education and treatment on demand. Those are all policies that are very similar to what Portugal did.
Right now we're hearing this campaign about diversion as the dominant factor for driving the toxic drug crisis. Do you believe that diversion, in terms of the conversation around the diversion of safer supply substances, is actually causing more harm by slowing down the pace of addressing the real root causes and problems and of our responding to this drug crisis?
Ms. Wilson, I'll let you start.
:
I certainly think that for us here in Vancouver, as I said earlier, we focus on what is doing the most harm, and we know that diverted safe supply and diverted prescription medications are not what's killing people.
Also, when you consider the volume or the potential volume to scale up diverted prescriptions or diverted safe supply, it pales in comparison to what organized crime is doing in terms of fentanyl production, importation and exportation. Those are really where we focus our efforts here in Vancouver, and I think it's important that we continue to use our finite resources to focus in on those areas, individuals and groups that are doing the most harm.
Although I think diversion is important and we need to keep an eye on it, it has been around for a very long time. In my mind, when we look at the overdose deaths and at the scalability, I think there are other areas that I would focus in on in terms of the individuals and groups who are doing the most harm.
:
On March 11, the statement on safer supply indicated, “The seizure of prescription drugs, such as narcotics and opioids, that are no longer in the possession of their prescribed owner is something the police have had to deal with on many occasions.”
It continues, “there is currently no evidence to support a widespread diversion of safer supply drugs in the illicit market in BC or Canada.”
Deputy Commissioner McDonald, I am going to have to disagree with you when your frontline officers in your detachments are actually producing and presenting more evidence on that.
It's frustrating when you have folks who are fighting for you and fighting for your frontline officers—and I know they disagree with the public statements—and then you have comments such as this. It would appear that the RCMP, and indeed the B.C. chiefs of police, are covering for the government in an election year on an issue that's politically bad for them.
Can you at least agree with me that this is exactly how your comments and those of some of your officers would be taken?
:
I can certainly say that we've expressed our significant concerns with decriminalization. There is no question about that.
I think one thing all chiefs across the province agree on is that we do not want to throw people in jail simply by virtue of their personal drug use. Beyond that, as we've learned, the devil is in the details. We have been flagging the issue of public consumption since prior to the submission of the exemption request.
What's happened is exactly what we predicted would happen. We're satisfied that the province has tried to address that through the public consumption act. Unfortunately, it's been unsuccessful to this point.
Going back to the matter of diversion, the reality is that there are seven people per day dying in British Columbia as a result of the toxic drug crisis. They are not dying as a result of prescription-diverted medication; they are dying because of the poisonous drug supply that is on our streets.
Deputy Chief Wilson, thanks for emphasizing that last point.
I continue to be puzzled by the emphasis from my colleagues on diversion, which, as you and others have stated, is a problem that needs to be addressed but that is not killing Canadians. It's our illicit toxic drug supply that is killing Canadians.
I do have a couple of short questions for you.
My colleague, Dr. Powlowski, described what it's like to take a walk around downtown Ottawa here. Certainly when I walk home every day, I encounter similar circumstances. However, this is not an area where we have a decriminalized approach.
Can you just talk about the correlation? I know there is a correlation with public acceptance and that this is a serious issue to be addressed, but can you talk about the correlation between decriminalization and public safety and public consumption?
Prior to decriminalization, if someone was using drugs in a problematic circumstance—for example, at a playground, bus shelter or beach—community members were able to call 911. Police were able to attend and address that circumstance.
The vast majority of drug users—I've done three tours of duty in the downtown East Side and can assure you of this—have no interest in using drugs around youth and children, for example. However, when those circumstances do arise, it's very important that police have the tools to address them. In the wake of decriminalization, there are many locations where we have absolutely no authority to address problematic drug use because the person appears to be in possession of less than 2.5 grams and they are not in a place that is an exception to the exemption.
We had three exceptions added to the exemption last year in September, which was helpful. They include skate parks and playgrounds. There were a few other exceptions added, so we now have nine exceptions to the exemption. The reality is that there are still a number of other situations in which the public has significant concerns about problematic drug use. When that happens, if it's not in a place that's an exception to the exemption, there's nothing police can do. It is not a police matter in the absence of any other criminal behaviour. If somebody has their family at the beach and there's a person next to them smoking crack cocaine, it's not a police matter, because a beach currently is not an exception to the exemption.
That's what we were hoping to have addressed through a public consumption act. The thing I liked about the bill was that it did not further criminalize people by virtue of their drug use; rather, it required police to ask people to leave. It was their refusal to leave that would have introduced criminal sanctions, as in obstruction. I thought it was a very good balance between what we had previously under the CDSA. It's respecting the rights of people who use drugs but also ensuring that people in our community feel safe. I think that's a very important issue.
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I think we all agree that we do not want to criminalize people by virtue of their personal drug use. Those days are gone. We want to support a health-led approach. The problem is, as I said earlier, that the devil is in the details. Quite frankly, police warnings were not heeded in the first instance.
We have situations in which, technically, people could use under 2.5 grams of a variety of illicit substances in a licensed establishment as long as the licensee allowed them to and they weren't contravening any smoking bylaws, for example. That opens up a whole can of worms for police, potentially. If you have a nefarious business owner who has a licensed establishment, technically you could have a situation of an 18-year-old who can use cocaine—assuming the licensee allowed them to do that—but can't order a beer.
These are all things we raised prior to decriminalization taking effect that we don't feel were adequately addressed.
However, we strongly support the notion of not trying to arrest ourselves out of this crisis. That is not going to save lives. In fact, it does quite a bit of harm if it's somebody with a significant addiction that they need medical help with or somebody who needs support. The last thing they need is to be introduced into the criminal justice system.
Mr. Chair, I would like to move a motion:
That, given that a leaked memo from British Columbia health network states:
“Staff are not to search or seize patients' drugs or weapons with blades less than four inches long or restrict visitors who bring them drugs for personal use;
This applies to anyone in possession of 2.5 grams or less of fentanyl, heroin, cocaine, methamphetamine or MDMA”;
and that, given the ongoing situation at Victoria General Hospital in British Columbia, where illicit drugs are regularly consumed by patients at Victoria General Hospital, exposing patients, including pregnant women at the maternity ward and health care workers, to the risks of inhaling toxic substances, coming into contact with illicit powders, and facing harm from intoxicated patients, and that this is the result of dangerous drug decriminalization policies,
the committee report its support of the victims of this situation, including nurses and pregnant women, and its condemnation of policies that allow for dangerous drug use in hospitals, and that the committee call the following witnesses: the Minister of Mental Health and Addictions and Associate Minister of Health and Health Canada officials for no less than two hours; Victoria Police Department representatives; and British Columbia Nurses' Union representatives.
Mr. Chair, I think that through the last bit of testimony we've had here, it has become increasingly clear that there are some very serious issues when it comes to decriminalization, and we are seeing major impacts. We've even heard from Vancouver police specifically that there are exceptions to the exemption and that this has not been put into play in a way that is preserving public safety.
Therefore, I think it is absolutely incumbent on us as the health committee to study and to look into the direct implications that it's having in our hospitals. In reading some of these stories and some of the horrific pieces that we've had to see, I can't imagine nursing moms being told by their nurses that perhaps they don't want to breastfeed their children because there are concerns regarding the drug use in hospitals, and the drug use is so open that people are wearing gas masks.
I just share this. I hope that we can approve this motion and get back to the witnesses.
Thank you.
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I certainly think if it's the case that British Columbia does not successfully have a public consumption act or if we're not able to bring it into force, the other option of course is to add additional exceptions to the Health Canada exemption.
We are hoping that the province will exhaust the possibility of bringing the public consumption act into force, because, quite frankly, it's less intrusive when it comes to people who are using drugs. As I said earlier, there's a requirement that the police simply ask people to leave, and they leave whole. There's no ticket, and they leave with their drugs, but they do have to move on. It's the refusal to do so that would become a problem. Exceptions in the exemption mean that the exemption does not apply in those particular places, so we would revert to the Controlled Drugs and Substances Act, which is criminalization.
If there was an advocacy piece, in the absence of that provincial legislation being successfully brought in, I would hope that we would have support to work with Health Canada to add additional exceptions to the exemption.
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Thank you very much for the question.
I think you're very much correct. I think Deputy Chief Wilson actually mentioned it. It is an all-encompassing approach.
You mentioned things like why individuals aren't using the supervised injection sites. I think the role of a whole-of-community approach that includes health, justice and police is really to do that kind of assessment, not only to understand what you need in your community but what those individuals may want or need at a different time with whatever issue they are dealing with.
There are quite a number of resources that we have identified as having an impact on an adequate health response. Housing has been mentioned, and supervised injection sites and location. I think the issue is that we need to all work together, with collaboration among health, police and social services to determine what is required and what those individuals in that community need.
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There are lots of opportunities for collaboration with respect to education.
To clarify, I was talking about organized crime creating what appeared to be pills that look like prescription medication. It's not necessarily safe supply, but a whole myriad of prescription medication.
However, I honestly think that when it comes to education, a lot of it should really be health-led. Police play a role in education; there's absolutely no question about it. I can certainly speak for the VPD. We have countless initiatives. We work on getting out and educating youth in particular about the perils of drug use, whether they are through our schools or community centres. There are all sorts of programs that we run.
However, I would really like to see the health sector take the lead when it comes to educating our youth and our public about the perils of drug use. I think that's a really important thing for us to consider any time we're thinking about these initiatives. If we truly want this to be a health-led approach, then we do need the health sector to take the lead when it comes to things like education, prevention and treatment on demand.
It's not to say that there's no role for police in that, but I feel like we've been doing that for many years.
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Perhaps I could add to Deputy Chief Wilson's comments.
People like choice. They like to have options when it comes to anything in life. When it comes to the consumption of drugs, if there's only one option and it doesn't suit them, then they're going to go where it suits them, and that may be public consumption.
As noted, in some of our supervised consumption sites or overdose prevention sites, there are no inhalation rooms or there is no ability to inhale. We find that most of our overdose deaths are related to fentanyl and to inhalation, so we need to provide spaces, I think, that would allow for that, but it can't be a space where someone has to take a bus for four kilometres and go across the city to find that space. Those spaces need to be readily available.
However, there also need to be multiple options in terms of treatment, counselling and safer places. I think it deserves a conversation so that we don't force people into one pathway that may not work for them.
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Absolutely. It's a great example of the need to have a multi-faceted approach to this problem.
It's not just about decriminalization and it's not just about safe supply and it's not just about education, treatment and prevention. It's about everything together. I think increasing the number of safe injection sites and safe consumption sites where people can inhale, as opposed to just injecting, is a very important piece of that approach. When you overlay our increases in homelessness, I think it's really important to provide individuals with safe places where they can use drugs. We know that's what many people are choosing to do in any event.
I heard recently from a person who was actually in the Downtown Eastside for 20 years, and he has now been clean for 11 years. It took him literally dozens of times in treatment, and he's only alive today because of the intervention of harm reduction and safe supply services.
I think this is a very complex issue. It's really important that we take this approach that covers all different sets of circumstances. Ideally, we provide prevention and education so that people don't start using in the first place, but we also have to address the fact that there are some folks who are entrenched and who are using, and we want to try to keep them alive. Then there is everyone in between.
That's probably my main comment today: We really do need a multi-faceted approach, and no one approach is better or worse than the other. They're all really necessary.