Violating the Fundamental Rights to Life, Liberty and Security of the Person: Bill C-2 and its Implications on Supervised Consumption Sites in Canada

In 2015, the Conservative federal government passed Bill C-2, the Respect for Communities Act⏤amending the requirements of applications for exemption from the Canadian Controlled Drugs and Substances Act. These exemptions allowed for supervised consumption sites to legally operate within Canada. The...

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Main Author: Jenkin Tsang
Format: Article
Language:English
Published: McMaster University Library Press 2020-05-01
Series:Health Reform Observer - Observatoire des Réformes de Santé
Subjects:
Online Access:https://mulpress.mcmaster.ca/hro-ors/article/view/3968/3538
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author_facet Jenkin Tsang
author_sort Jenkin Tsang
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description In 2015, the Conservative federal government passed Bill C-2, the Respect for Communities Act⏤amending the requirements of applications for exemption from the Canadian Controlled Drugs and Substances Act. These exemptions allowed for supervised consumption sites to legally operate within Canada. The guiding principle behind such services is to promote and protect health through a variety of means, such as: reducing incidence rates of Human Immunodeficiency Virus (HIV), Hepatitis C, and other sexually-transmitted and blood-borne infections; and reducing mortality rates from substance overdose. The reform sought to regulate the exemption application, however, it created an onerous process which made it substantially more difficult to obtain exemptions. The bill was a direct outcome of the ruling of Canada (Attorney General) v. PHS Community Services Society due to the failure by the then Minister of Health, Tony Clement, to grant an extension to Insite, Canada’s first legally-exempted supervised consumption site. Within two years, another bill was introduced in an attempt to remove unnecessary barriers created by Bill C-2. As a result of the swift amendments to Bill C-2, there was no formal evaluation conducted to assess the impacts of this reform. Many opponents of Bill C-2 argued that this legislation made it more difficult to develop new or maintain existing supervised consumption sites and as a result violated the rights of the users of these services.
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spelling doaj.art-53a9b4a1ca9a4a648aa35691d8a713bd2022-12-22T03:16:22ZengMcMaster University Library PressHealth Reform Observer - Observatoire des Réformes de Santé2291-63692020-05-018110.13162/hro-ors.v8i1.3968Violating the Fundamental Rights to Life, Liberty and Security of the Person: Bill C-2 and its Implications on Supervised Consumption Sites in CanadaJenkin Tsang0McGill UniversityIn 2015, the Conservative federal government passed Bill C-2, the Respect for Communities Act⏤amending the requirements of applications for exemption from the Canadian Controlled Drugs and Substances Act. These exemptions allowed for supervised consumption sites to legally operate within Canada. The guiding principle behind such services is to promote and protect health through a variety of means, such as: reducing incidence rates of Human Immunodeficiency Virus (HIV), Hepatitis C, and other sexually-transmitted and blood-borne infections; and reducing mortality rates from substance overdose. The reform sought to regulate the exemption application, however, it created an onerous process which made it substantially more difficult to obtain exemptions. The bill was a direct outcome of the ruling of Canada (Attorney General) v. PHS Community Services Society due to the failure by the then Minister of Health, Tony Clement, to grant an extension to Insite, Canada’s first legally-exempted supervised consumption site. Within two years, another bill was introduced in an attempt to remove unnecessary barriers created by Bill C-2. As a result of the swift amendments to Bill C-2, there was no formal evaluation conducted to assess the impacts of this reform. Many opponents of Bill C-2 argued that this legislation made it more difficult to develop new or maintain existing supervised consumption sites and as a result violated the rights of the users of these services.https://mulpress.mcmaster.ca/hro-ors/article/view/3968/3538canadian controlled drugs and substances actcanadian charter of rights and freedomssupervised consumption sitedrug useoverdosehuman rights
spellingShingle Jenkin Tsang
Violating the Fundamental Rights to Life, Liberty and Security of the Person: Bill C-2 and its Implications on Supervised Consumption Sites in Canada
Health Reform Observer - Observatoire des Réformes de Santé
canadian controlled drugs and substances act
canadian charter of rights and freedoms
supervised consumption site
drug use
overdose
human rights
title Violating the Fundamental Rights to Life, Liberty and Security of the Person: Bill C-2 and its Implications on Supervised Consumption Sites in Canada
title_full Violating the Fundamental Rights to Life, Liberty and Security of the Person: Bill C-2 and its Implications on Supervised Consumption Sites in Canada
title_fullStr Violating the Fundamental Rights to Life, Liberty and Security of the Person: Bill C-2 and its Implications on Supervised Consumption Sites in Canada
title_full_unstemmed Violating the Fundamental Rights to Life, Liberty and Security of the Person: Bill C-2 and its Implications on Supervised Consumption Sites in Canada
title_short Violating the Fundamental Rights to Life, Liberty and Security of the Person: Bill C-2 and its Implications on Supervised Consumption Sites in Canada
title_sort violating the fundamental rights to life liberty and security of the person bill c 2 and its implications on supervised consumption sites in canada
topic canadian controlled drugs and substances act
canadian charter of rights and freedoms
supervised consumption site
drug use
overdose
human rights
url https://mulpress.mcmaster.ca/hro-ors/article/view/3968/3538
work_keys_str_mv AT jenkintsang violatingthefundamentalrightstolifelibertyandsecurityofthepersonbillc2anditsimplicationsonsupervisedconsumptionsitesincanada