Mounties

The Controlled Drugs and Substances Act is now law in Canada

WELCOME TO THE DRUG WAR

By Dana Larsen
Photomanipulation by David Cheong

Welcome to the Drug War
Groups that support or oppose the bill
MPs for Decriminalization
A Decade of Deception

A Decade of Deception:
 The Creation of the Controlled Drugs & Substances Act

The Controlled Drugs and Substances Act was first drafted in 1986, and was introduced to Parliament as Bill C-85, the Psychoactive Substances Control Act, by the Conservative government of Kim Campbell. It died when the government called for an election, but was reintroduced by the Liberal government as Bill C-7, the Controlled Drugs and Substances Act, in early 1994.

A Parliamentary Committee examined the bill and heard testimony on it in late 1994. Despite the fact that every legal, health, and drug policy group that came before it was strongly opposed to the bill, the Committee recommended no substantial changes be made, and the Controlled Drugs and Substances Act was passed by Parliament amid the furor over the Quebec Referendum in October of 1995. As a result of a break in Parliament it was renamed Bill C-8 and passed again in March of 1996.

The bill was then sent to the Senate, where it was analyzed by the Senate Committee on Legal and Constitutional Affairs. The Committee heard extensive testimony on the bill, almost all of it critical of the hard-line prohibitionist ideology inherent within it. Even though many of the Senators on the Committee spoke openly of their support for decriminalization and harm reduction drug policies, their committee ultimately recommended that no substantial changes be made to the bill, and it was passed essentially unchanged.

Comparing the Committees

This whole procedure was an astounding display of apathy and political expediency. Witnesses who testified before the Parliamentary Committee were prevented from discussing the failures of prohibition by Committee Chair Paul Szabo (MP Missassaugua South), who explained that the bill was merely "housekeeping," and therefore comments on the nature and purpose of Canada's drug policy were not welcome.

Although the Senate Committee was more responsive to discussing the benefits of harm reduction, they eventually made the exact same recommendation as Parliament: that there be a drug policy review only after the Bill was passed. The only difference was that the Senate Committee wanted to participate in the review along with the Parliamentary Committee.

This ultimately sets the stage for a battle between the prohibitionist Parliament and the somewhat more open minded Senators. Even though Canadians are now burdened with the brutal prohibitionism of the Controlled Drugs and Substances Act, this impending drug policy review is our last and best hope for an end to the prohibition of marijuana in Canada.

The Senate Recommends a Joint Review

The Standing Senate Committee on Legal and Constitutional Affairs strongly urges that a Joint Senate and House of Commons Committee be struck to review all of Canada's existing drug laws, and policies and programs.Without restricting its mandate, this Joint Committee should be authorized to:

  • reassess Government's approach to dealing with illicit drug use in Canada, its effectiveness in curtailing drug use, and its fairness of application;

  • develop a national harm-reduction policy to minimize the negative consequences associated with illicit drug use in Canada; and recommend how such a harm-reduction policy would be implemented, including viewing drug use and abuse as primarily a health and social policy issue;

  • study harm-reduction models adopted by other countries (treatment and alternative programs for illicit drug use); consider whether such programs should be implemented in whole or in part in Canada;

  • examine Canada's role and international obligations under the United Nations drug conventions to determine whether alternative measures to prosecution and punishment are possible under the conventions;

  • and if not, consider whether Canada should seek an amendment to the United Nations drug conventions which would allow alternative harm-reduction measures to permit signatory parties to comply;

  • revisit the LeDain Commission's findings and recommendations and determine what further action is needed; [note to reader: the LeDain Commission was Canada's last major study of the non-medical use of drugs; the Commission reported in 1973, but its proposals were never implemented]

  • explore the health effects of cannabis use; consider whether the decriminalization of cannabis would lead to increased use and abuse, both in the short- and long-term;

  • explore using the Government's regulatory power under the Contraventions Act as an additional tool to implement a harm-reduction policy.

    In addition, the Joint Committee should undertake intensive public consultations to determine the needs of different jurisdictions across Canada, including large urban centres where the societal problems associated with the illicit drug trade are more visible. The goal should be to devise a made-in-Canada drug strategy where all levels of government work effectively together to reduce the harm associated with the use of illicit and legal drugs.

    To receive the full text of the Committee's report on Bill C-8, including the technical amendments it proposed to the Bill, please call the Senate at 1-800-267-7362, email sencom@magi.com, or web ww.magi.com/~sencom/rp-c8-e.htm finis


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