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Federal Private Member’s Bill C-216: Position Statement & Issue Summary

May 2022

Background

On December 15, 2021, the Private Member’s Bill C-216, An Act to amend the Controlled Drugs and Substances Act and to enact the Expungement of Certain Drug-related Convictions Act and the National Strategy on Substance Use Act, more commonly referred to by the short title Health-based Approach to Substance Use Act or simply as Bill C-216, was introduced in the House of Commons by New Democratic Party (NDP) Member of Parliament (MP), Gord Johns (Courtenay-Alberni).

This bill builds on previously introduced Private Member’s Bill C-286 of the same name, which was first brought forth by NDP MP Don Davies (Vancouver Kingsway) in early 2021, with a first reading completed on April 15, 2021. However, C-286 was not able to proceed to further readings due to an election. Bill C-216 is comprised of three parts:

  • Part 1: decriminalization of possession of small amounts of illicit substances intended for personal use,
  • Part 2: expungement of criminal records of all Canadians related to simple possession convictions; and,
  • Part 3: establishment of a National Strategy on Substance Use Act, led by the federal Minister of Health, in partnership with the provinces and territories.

Issues brief

NNPBC published an issues brief examining Bill C-216, the proposed federal Health-based Approach to Substance Use Act, and what its measures could mean for people who use substances, nurses and the health system.

The bill proposed three significant changes:

  • Decriminalizing possession of small amounts of substances for personal use
  • Expunging criminal records for previous simple-possession convictions
  • Establishing a national, health-based strategy on substance use

NNPBC supported the bill’s overall direction. Decriminalization can reduce stigma and help people seek health care without fear of arrest, while expunging criminal records can remove barriers to housing, employment and other opportunities.

The brief also emphasized that legislative change must be matched by the services, infrastructure and people needed to make a health-based approach work.

NNPBC’s position

NNPBC called on federal and provincial governments to:

  • Proactively prepare for increased demand for substance use and mental health services
  • Invest in prescribed and non-prescribed safer supply, treatment, rehabilitation, prevention and harm reduction
  • Address the conditions that contribute to substance-related harms, including poverty, inadequate housing, trauma, violence, colonialism and inequity
  • Ensure nurses and other health care providers have safe working environments, appropriate education and the resources required to provide care
  • Avoid shifting responsibility from the justice system to an already strained health system without significant new investment

Nurses have long been leaders in harm reduction, research, advocacy and direct care. NNPBC’s brief argues that decriminalization and a national substance use strategy are necessary steps—but that they must be implemented through a properly supported, equitable and comprehensive health response.

Read the issues summary

NNPBC was pleased to not only provide the above issues summary but to send letters of advocacy to:

  • Right Honorable Prime Minister Justin Trudeau
  • The Honorable Dr. Carolyn Bennett, Minister of Mental Health and Addictions
  • The Honorable Jean-Yves Duclos, Minister of Health
  • The Honorable David Lametti, Minister of Justice and Attorney General
  • The Honorable Marco Mendicino, Minister of Public Safety