441-01324 (Health)

1. Bill C-5, An Act to Amend the Criminal Code and Controlled Drugs and Substances Act, received Royal Assent and came into force on November 17, 2022. The Bill aims to ensure that responses to criminal offences are fair and effective, while ensuring that public safety is maintained. The amendments to the Controlled Drugs and Substances Act (CDSA) reinforce the Government’s commitment to address the ongoing opioid crisis by providing space to treat substance use as a health issue, rather than as a criminal one. The law now requires police and prosecutors to consider options  such as issuing a warning, or divert people to treatment programs or other supportive services instead of proceeding with charges for simple drug possession, and enacts for the first time in the CDSA a declaration of principles to guide them in exercising discretion.

2. Bill C-5 further addresses the stigma associated with having a criminal record by: (1) limiting the kind of information that may be kept in the police record of warning or referrals and the use that can be made of such records, as well as to whom these records may be disclosed; and, (2) providing that past and future records of convictions for this offence be kept separate and apart from other records of convictions after a certain period of time.

3. The 2018 Expungement of Historically Unjust Convictions Act provides that the Governor in Council may list an offence as eligible for expungement if the activity no longer constitutes an offence, and the criminalization of the activity was a historical injustice. Bill C-5 did not repeal the offence of simple drug possession.

The Government continues to deliver on its promise to work toward removing the stigma associated with convictions for simple possession of drugs.

Expungement is intended for cases where the criminalization of an activity constitutes a historical injustice because, among other things, were it to occur today, it would be inconsistent with the Canadian Charter of Rights and Freedoms. Expungement was not intended to address changing societal norms, such as the legalization of cannabis or health and social issues such as the ongoing opioid crisis.

However, originally introduced in Parliament on December 7, 2021, Bill C-5, an Act to amend the Criminal Code and the Controlled Drugs and Substances Act (CDSA), was amended in September 2022 to address concerns about the ongoing stigma associated with a record of convictions for simple possession of drugs. It now specifies that past convictions under section 4(1) of the CDSA for possession of controlled drugs must be kept separate and apart from other criminal convictions within two years of the Bill’s coming into force. For convictions after the coming into force, the record of conviction must be kept separate and apart from other criminal convictions two years following sentence completion. This amendment is consistent with the underlying objective of the Bill to address the negative consequences associated with simple possession. The amendment acknowledges the calls from public health organizations and those who work with individuals with addictions. It helps address barriers to successful reintegration into society and also helps address a contributing cause of the ongoing opioid crisis, namely the stigmatization of people who use drugs. Bill C-5 received Royal Assent on November 17, 2022.

Criminal records have a lasting impact on the ability of rehabilitated individuals to successfully reintegrate into society after overcoming personal challenges in their lives. Treating simple possession of drugs as a health and social issue means eliminating the stigma associated with convictions for simple possession.

Public Safety Canada continues to work with other departments, including Health Canada and the Department of Justice, to support the Canadian Drugs and Substances Strategy, and address the national drug crisis as part of its mandate to keep cities and communities safe.

The toxic drug and overdose crisis is one of the most serious and unprecedented public health threats in Canada’s recent history, which is having devastating impacts on individuals, friends and families, and communities across the country. The Government recognizes that substance use is a health issue and is committed to a public health approach to address the crisis.

The Government of Canada also recognizes that the crisis has only become more complex due to the COVID-19 pandemic. This had led to a more uncertain and toxic illegal drug supply, resulting in tragic increases in overdose-related deaths across the country, as well as reduced access to health and social services due to COVID-related health measures (such as social distancing requirements, isolation requirements, etc.) and staff shortages, such as life-saving harm reduction, pharmaceutical-grade alternatives and treatment services. Health Canada and the Public Health Agency of Canada have been working with provinces, territories, municipalities, Indigenous communities and other partners, including researchers, advocates and people with lived and living experience (PWLLE), to ensure that people who use drugs can continue to access the treatment, harm reduction and other services they need.

The Government of Canada remains fully committed to addressing the overdose crisis as a health issue and is working with partners across all provinces and territories to save lives.

The Government of Canada recognizes that substance use is a public health issue, not an issue for the criminal justice system. We are committed to a public health approach to address the crisis. Canada’s approach to substance use issues is comprehensive, collaborative, and compassionate, guided by our federal drug strategy – the Canadian Drugs and Substances Strategy (CDSS). The CDSS takes a public health-focused approach and lays out our framework for evidence-based actions to reduce the harms associated with substance use in Canada. In the context of the worsening overdose crisis, and taking steps to reduce harms and deaths related to substance use, the Government is placing particular focus on:

• ensuring that harm reduction services are available to Canadians who need them;
• working with stakeholders to reduce stigma directed at people who use drugs, which acts as a barrier to accessing critical health and social services and often leads to social isolation and further risk of harms;
• continuing to work with provinces and territories to improve access to evidence-based treatment options;
• continuing to address illegal production and trafficking, with a focus on organized drug crime; and,
• implementing additional surveillance and research activities that will further build the evidence base and allow us to pursue innovative solutions to this public health crisis.

Since 2017, the federal government has taken significant actions and made commitments of more than $1 billion to address the toxic drug and overdose crisis and substance use-related harms. Recent examples of key federal investments in this area include:

• Close to $500 million through the Substance Use and Addictions Program (SUAP) since 2017 in support of community-based organizations responding to substance use issues, including investments to help them provide direct services in a COVID-19 context and to scale-up key lifesaving measures and increase access to a safer drug supply as an alternative to the contaminated supply;
• $150 million through the one-time Emergency Treatment Fund to provinces and territories, which, when cost-matched with the provinces and territories, will result in an investment over $300 million to improve access to evidence-based treatment services; and,
• $45 million to develop national standards for mental health and substance use services, in collaboration with provinces and territories, health organizations and key stakeholders, to address long-standing challenges in the delivery of mental health and substance use services and supports across the country; and,
• $22.8 million in public education through national and targeted advertising, partnerships and experiential marketing on the risks of opioids, overdose awareness, harm reduction and stigma awareness and reduction.

Budget 2023 proposes to provide a total of $359.2 million over five years, starting in 2023-24, with $5.7 million ongoing and $1.3 million in remaining amortization, to support a renewed Canadian Drugs and Substances Strategy, which would guide the government's work to save lives and protect the health and safety of Canadians. This includes:

• $144 million over five years, starting in 2023-24, to Health Canada for the Substance Use and Addictions Program to fund community-based supports, including safer supply, supervised consumption sites, and other evidence-based health interventions;
• $20.2 million over five years, starting in 2023-24, to the Public Health Agency of Canada for a new community-based program to prevent substance use among young people; 
• $73.9 million over five years, starting in 2023-24, with $4.6 million ongoing, to Health Canada to streamline authorizations for supervised consumption sites and drug checking services, scale-up access to safer supply, and evaluate innovative approaches;
• $50.8 million over five years, starting in 2023-24, with $1.1 million ongoing and $1.3 million in remaining amortization, to Health Canada; and $16 million over five years, starting in 2023-24, to the Public Health Agency of Canada to support vital data collection on substance-related harms and lab-based analysis of the illegal drug supply;
• $4.6 million over five years, starting in 2023-24, to Public Safety Canada to develop an overdose monitoring app for paramedics and other first responders; and,
• $42 million over five years, starting in 2023-24, to the Royal Canadian Mounted Police; $6.2 million over five years, starting in 2023-24, to Public Services and Procurement Canada; and $1.6 million over five years, starting in 2023-24, sourced from existing resources, to Global Affairs Canada to take further action to work with our partners to tackle drug trafficking and stem the global flow of these devastating substances.

Of note, under SUAP, more than $26 million has been allocated to fund Naloxone distribution, education and training. In addition, the Government of Canada is supporting policies and approaches for greater access to pharmaceutical-grade alternative to the toxic illegal drug supply – a practice often referred to as safer supply. As of May 2023, Health Canada has supported 31 safer supply pilot projects across Canada through SUAP representing total funding commitments of over $100 million. This includes supporting a range of service delivery projects in British Columbia, Manitoba, Ontario, Quebec and New Brunswick, research/knowledge transfer and exchange projects, and a National Safer Supply Community of Practice to help share knowledge amongst stakeholders.

Health Canada has supported the rapid expansion of supervised consumption services across Canada. Since January 2016, the number of federally approved supervised consumption sites offering services has grown from 1 to 40. Health Canada also proactively issued exemptions that allows provinces and territories to establish new temporary Urgent Public Health Need Sites – also known as overdose prevention sites – within existing supervised consumption sites, shelters or other temporary sites, as needed. Urgent Public Health Need Sites, unlike supervised consumption sites, are temporary locations that can be set up rapidly to address the overdose crisis. Both share the goal of reducing overdose deaths.

We have also made a number of regulatory changes at the federal level to help improve access to medications used in drug treatment and safer supply programs, including:

• issuing a class exemption (an exemption authorized to a group of people, such as pharmacists, to conduct specific activities with controlled substances) to make it easier for patients to access the medications they need;
• approving injectable hydromorphone as a treatment option for patients with severe opioid use disorder;
• approving injectable diacetylmorphine as a new treatment option for patients with severe opioid use disorder; as well facilitating the prescribing and dispensing of methadone and diacetylmorphine; and  
• authorizing nurses who provide health care services at a community health facility to conduct certain activities with controlled substances.

The Government recognizes that social determinants of health, such as poverty, discrimination, and trauma, can place individuals at an increased risk of substance use harms and that the approaches to reduce these harms require sustained efforts and supports from diverse systems. We continue to work closely across federal departments to ensure that federal actions on mental health and addictions, homelessness and housing, poverty, and reconciliation are coordinated and synergistic. We are also committed to engaging collaboratively with provinces and territories, First Nations, Inuit, and Métis communities, and other stakeholders to advance whole-of-society approaches to these issues.

The Government of Canada is also working closely with provinces and territories to change the way our healthcare system delivers mental health and substance use services to Canadians. It is important for Canadians to have timely access to trauma-informed, culturally sensitive, quality mental health and substance use services that meet their needs, including underserved and equity-deserving individuals. That is why, on February 7, 2023, the Prime Minister announced that the federal government will invest $198.6 billion over ten years to bolster the health care system, notably: top-ups to the Canada Health Transfer to address immediate health care pressures; and $25 billion over 10 years to support shared health priorities through tailored bilateral agreements.

In response to substance use harms and the opioid overdose crisis, the Government of Canada is regularly consulting with stakeholders and has convened several expert advisory groups, including people directly impacted by substance use. The Government regularly engages with PWLLE and organizations that represent them, including; regular bi-lateral meetings with key organizations; participation on projects teams; facilitating PWLLE engagement in government and ministerial events and meaningful consultations in order to better understand their perspectives of substance use; and, on-the- ground realities (e.g., roundtables, Knowledge Exchange Series, etc.).

Health Canada established the PWLLE Council, the Expert Advisory Group on Safer Supply and the Expert Task Force on Substance Use as part of this engagement strategy. We have established federal, provincial and territorial governance tables, including the Special Advisory Committee on the Epidemic of Opioid Overdoses, the Federal/Provincial/Territorial Committee on Substance Use (formerly Problematic Substance Use & Harms), and the Federal/Provincial/Territorial Assistant Deputy Minister Committee on Mental Health and Substance Use to facilitate ongoing collaboration and consultation with provincial and territorial partners.

The Government of Canada continues collaboration between jurisdictions, health providers, researchers, people with lived and living experience, stakeholders and partners such as community-based organizations to reduce the harms associated with substance use and providing people with the culturally appropriate and trauma-informed support they need.

Some stakeholders have reported that the criminalization of personal drug possession can, increase risks of overdose and other harms, increase barriers to care and perpetuate stigma. Canada recognizes that stigma can prevent people who use substances from accessing the health and social services that they need and contributes to negative health outcomes. To help reduce stigma in police interactions with people who use drugs and to avoid causing more harm, Public Safety Canada launched an online training module specifically designed for law enforcement members in September 2020. The training raises awareness of the harms associated with substance use stigma and provides law enforcement members with practical tools to support their interactions with people who use drugs.

The federal government is committed to using every tool at its disposal and examining all evidence to respond to the tragic increase in overdoses and to help save lives, while also ensuring the safety of communities across the country. The Government is working to divert people who use drugs away from criminal justice systems and toward supportive and trusted relationships in health services and social supports, when needed. For example, the Good Samaritan Drug Overdose Act was passed into law in May 2017, providing some legal protection from simple drug possession charges for individuals who seek emergency help during an overdose.

Furthermore, Bill C-5, which received Royal Assent on November 17, 2022, made legislative amendments to the Criminal Code and to the Controlled Drugs and Substances Act (CDSA). Among other measures, the amendments encourage police and prosecutors to consider alternative measures – including diverting individuals to treatment programs – instead of laying a criminal charge or prosecuting individuals for personal drug possession. These amendments also repealed mandatory minimum penalties for certain offences in the CDSA to reflect the Government’s public-health-focused approach to substance use. These measures are consistent with the August 2020 Guidelines issued by the Public Prosecution Service of Canada directing prosecutors that alternatives to prosecution should be considered for the personal possession of drugs, except where public safety concerns arise.

In May 2022, at the request of the Province of British Columbia, the Minister of Mental Health and Addictions and Associate Minister of Health granted a time-limited exemption under the CDSA so that adults 18 years of age and older in the province will not be subject to criminal charges for personal possession of small amounts of certain illegal drugs. Instead, where appropriate, individuals may be provided with information regarding local health and social services. Upon request, they could also receive assistance to connect with those services. British Columbia requested this exemption, and it is an additional way that the federal government is supporting the province’s comprehensive approach to the overdose crisis. This time-limited exemption will be supported by rigorous monitoring and a third-party evaluation to gather evidence and data on its impacts and outcomes. The results will help inform Canada’s comprehensive approach to addressing substance use harms. We have also received a request from Toronto Public Health, and we are working in close partnership to ensure both public health and public safety considerations are included. We will continue to work with willing jurisdictions to use all the tools at our disposal, including approaches related to decriminalization, to respond to this crisis.

Moving forward, under the mandate of the new Minister of Mental Health and Addictions and Associate Minister of Health, Health Canada will continue working with its partners and stakeholders to advance a comprehensive federal strategy to address substance use in Canada, including the toxic drug and overdose crisis. Canada will continue to support provinces, territories and Indigenous communities to improve access to a full range of evidence-based treatment and harm reduction services, in addition to leading efforts to reduce stigma and create national standards for substance use treatment programs. The Government of Canada believes that substance use is a health issue and is committed to examining all options and evidence to respond to the tragic increase in overdoses and to help save lives, while also ensuring the safety of communities across the country.