Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs
Issue No. 27 - Minutes of Proceedings - April 12, 2017
OTTAWA, Wednesday, April 12, 2017
(64)
[English]
The Standing Senate Committee on Legal and Constitutional Affairs met this day at 4:18 p.m., in room 257, East Block, the chair, the Honourable Bob Runciman, presiding.
Members of the committee present: The Honourable Senators Baker, P.C., Batters, Boisvenu, Dagenais, Dupuis, Jaffer, McIntyre, Omidvar, Pate, Pratte, Runciman, Sinclair and White (13).
In attendance: Julian Walker and Maxime Charron-Tousignant, Analysts, Parliamentary Information and Research Services, Library of Parliament.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, March 9, 2017, the committee continued its consideration of Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts. (For complete text of the order of reference, see proceedings of the committee, Issue No. 25.)
WITNESSES:
Health Canada:
Kristen Mattison, Director, Controlled Substances Directorate;
Miriam Brouillet, Legal Counsel, Health Canada Legal Services.
The chair made a statement.
With leave and pursuant to rule 12-20(3), it was agreed that the committee group clauses.
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
The chair asked whether clauses 1 through 10 carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Baker, Dupuis, Jaffer, Pate, Pratte, White — 6
NAYS
The Honourable Senators
Batters, Boisvenu, Dagenais, McIntyre — 4
ABSTENTIONS
NIL
The chair asked whether clauses 11 through 20 carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Baker, Dupuis, Jaffer, Pate, Pratte, Runciman, White — 7
NAYS
The Honourable Senators
Batters, Boisvenu, Dagenais, McIntyre — 4
ABSTENTIONS
Nil
The chair asked whether clauses 21 through 30 carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Baker, Dupuis, Jaffer, Pate, Pratte, White — 6
NAYS
The Honourable Senators
Batters, Boisvenu, Dagenais, McIntyre — 4
ABSTENTIONS
The Honourable Senator
Runciman — 1
The chair asked whether clauses 31 through 41 carry.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Baker, Dupuis, Jaffer, Pate, Pratte, White — 6
NAYS
The Honourable Senators
Batters, Boisvenu, Dagenais, McIntyre — 4
ABSTENTIONS
Nil
The chair asked whether clause 42 shall carry.
The Honourable Senator Dagenais moved that Bill C-37 be amended, in clause 42, on page 44, by replacing line 20 with the following:
"(e) the expressions of support or opposition of the community, including those of a municipal council, a council of a band as defined in subsection 2(1) of the Indian Act, a police force that is responsible for providing policing services to the municipality in which the site would be located, and the administration of any school or daycare located less than 5 km from the site.''
After debate, the question being put on the motion it was negatived on the following vote:
YEAS
The Honourable Senators
Batters, Boisvenu, Dagenais, McIntyre, White — 5
NAYS
The Honourable Senators
Baker, Dupuis, Jaffer, Omidvar, Pate, Pratte, Sinclair — 7
ABSENTIONS
Nil
The Honourable Senator McIntyre moved that Bill C-37 be amended in clause 42, on page 44, in line 31, by replacing the words "not to exceed'' with the words "not less than 45 days or more than''.
After debate, the question being put on the motion, it was adopted.
The Honourable Senator Boisvenu moved that Bill C-37 be amended, in clause 42, on page 44, by adding after line 36 the following:
"56.2 (1) The Minister shall establish, for each supervised consumption site, a citizen advisory committee charged with advising those in charge of the site on matters relating to its operation and public concern about the presence of the site in their community, including with respect to public health and safety.
(2) The committee shall consist of 5 to 10 volunteers who live in the immediate vicinity of the site.
(3) The committee shall provide the Minister with a written report on its activities each year, no later than sixty days after the anniversary of the date on which it was established''.
After debate, the Honourable Senator Sinclair moved that the motion in amendment be amended in the first line by replacing the word "shall'' with the word "may'' after the words "The Minister.''
After debate, the question being put on the subamendment, it was adopted, on division.
The question being put on the motion in amendment, as amended, it was adopted.
The Honourable Senator White moved that Bill C-37 be amended, in clause 42, on page 44, by adding after line 36 the following:
"56.3 (1) A person who is responsible for the direct supervision, at a supervised consumption site, of the consumption of controlled substances, shall offer a person using the site alternative pharmaceutical therapy before that person consumes a controlled substance that is obtained in a manner not authorized under this Act.
(2) The failure to offer alternative pharmaceutical therapy in subsection (1) does not constitute an offence under this Act or any other Act of Parliament''.
The question being put on the motion, it was adopted.
It was agreed that clause 42, as amended, carry, on division.
It was agreed that clauses 43 and 44 carry, on division.
The chair asked whether clause 45 shall carry.
The Honourable Senator White moved that Bill C-37 be amended in clause 45, on page 45, by adding after line 24 the following:
"(3) The Minister is under no obligation to publish a proposed order under subsection (1) or (2) in the Canada Gazette or in any other manner.''
The officials were invited to the table to answer questions.
After debate and with leave, the amendment was withdrawn.
It was agreed that clause 45 carry, on division.
It was agreed that clauses 46 through 50 carry, on division.
It was agreed that clauses 51 through 60 carry, on division.
It was agreed that clauses 61 through 73 carry, on division.
It was agreed that Schedule 1 carry, on division.
It was agreed that Schedule 2 carry, on division.
It was agreed that the preamble carry, on division.
It was agreed that the title carry.
It was agreed that the bill, as amended, carry, on division.
It was agreed that the chair report the bill to the Senate.
At 5:51 p.m., the committee adjourned to the call of the chair.
ATTEST:
Jessica Richardson
Clerk of the Committee