I spent a beautiful and moving May long weekend in Old Crow, joining them for one of their first community celebrations since the start of the COVID-19 pandemic. The festival, celebrating the return of the caribou, was dedicated to Myranda Charlie, a young, much loved Vuntut Gwich’in citizen who succumbed to an opioid overdose earlier this year.

24 people died from toxic drugs in the Yukon in 2021, and 12 more have been lost this year to date; 7 within a 3 week period in early January. In our small population, those numbers represent one of the highest deaths rates in the country. Every Yukoner has been impacted by the tragedy of these losses in some way—by family, by work, or by community. At the current rate, 2022 could  see a further  4000 Canadians dead by June. Is this really a statistic in which we wish to be leading the world?

As a physician, my guiding principle has always been to help people in need and to abide by the maxim: first, do no harm. I carry this commitment to my role as a parliamentarian. And this is why I am speaking out in support of Bill C-216. This bill proposes to address the toxic drug crisis based on recommendations from Health Canada’s Task Force on Substance Use issued in 2021.

Our government has responded to the opioid crisis through crucial investments in harm reduction, facilitating supervised consumption sites, providing access to naloxone for overdose first aid, support for clinical treatment and mental health services. The work with BC, Toronto Public Health and other entities in applying for Section 56 exemptions is also crucial ongoing work. Despite these efforts, it is clear from the unacceptable mortality rates that Canada is not keeping pace with the urgency of this crisis. We must do more. Bill C-216 provides a timely opportunity to amplify and accelerate federal action.

C-216 has three parts. Part 1 involves a national approach toward decriminalization of illicit drug possession. Part 2 seeks to improve the lives of people unfairly burdened with possession related drug charges by expunging records. Part 3 recommends development of a National Drug Strategy within one year.

It is part 1 of this bill that evokes the most controversy but few disagree that possession of drugs needs to be treated as a public health issue not a crime. Under a regime of decriminalization, trafficking in drugs, dealing, and manufacturing will still have criminal penalties. Simple possession will instead require non-criminal penalties such as fines, warnings and interventions treated through healthcare mechanisms. Public health experts have long called for a fundamental change in our approach to the criminal justice response to drug use and police forces agree. The Canadian Association of Chiefs of Police noted in 2020 that “evidence from around the world suggests our current criminal justice approach to substance use could be enhanced using health care diversion approaches proven to be effective.”

Canada would not be the first jurisdiction to decriminalize simple possession. Portugal pursued decriminalization in the early 2000’s. In Portugal, illegal drugs are still confiscated, and possessions still result in penalties like fines, community service or recommended intervention. However, penalties for simple possession are redirected from the criminal justice system to district level panels made up of legal, health, and social work professionals to determine the best course forward for the individual. Before pursuing decriminalization, Portugal had an opioid death rate close to the EU average, whereas now it has the lowest in the EU. Before the reforms, when Portugal had strict drugs laws to combat the war on drugs, as we currently do, 70% of Portugal’s prison population was held on drug offences, compared to 14% today. Moreover, since pursuing this course, the social cost of drug use has fallen by 18% due to the reduction in drug-related deaths, the costs associated with criminal proceedings for drug offences, and the lost income for those imprisoned for those offences.

There are 30 countries around the world which have adopted aspects of decriminalization, including Australia, Chile, and Portugal. Subnational jurisdictions have also pursued this course. Each case offers opportunities for Canada to learn from their experiences and to craft a solution that works for Canada.  Will Canada’s approach look like Portugal’s? Probably not.  But we can be sure that our current approach of criminalizing victims is hurting the wrong people and leading to more deaths. Wary of arrest, hidden by stigma, or already trapped in a criminalizing system, people in the Yukon and in every corner of Canada are dying afraid and alone. We must consider alternatives like those proposed in C-216.

Opponents to decriminalization  argue that this would lead to a rise in organized crime. There is no evidence to support this case. We already know that organized crime is entrenched in drug trafficking, nourished by a demand that is unmet through legal means. Organized crime has in fact increased during the opioid epidemic, as more than 2,600 organized crime groups continue to contribute to the increasing number of opioid deaths in Canada, leading to increased  violence and putting communities and bystanders at risk. A number of studies have suggested that decriminalization may actually reduce other crimes, as police resources can be more efficiently deployed to address organized crime as opposed to minor drug users.

Decriminalization is not a single strategy. Indeed, it must be part of broader health care reforms and additional supports for community capacity and resources (including police resources) to provide for effective responses to focus on safe supply, harm reduction, social supports, and treatment. This comprehensive approach is what C-216 is proposing. Bill C-216 may have flaws,  but the role of parliament is to study proposed legislation, listen to relevant testimony and propose changes to improve it.

The vote on whether to send C-216 to committee will be happening this week.  Sending a bill to committee does not mean it will become law. It simply means we need to hear expert testimony on this bill, consider ways to make it better, and determine if that testimony and those changes are sufficient to allow parliamentarians to support the final version and send it to the Senate for consideration. Private Member’s Bill C-216 deserves to get to committee. An urgent national conversation about the toxic drug crisis means that we are doing everything we can to save Canadians’ lives. The families of Myranda Charlie and countless other Canadians lost to toxic drugs know what is needed. They are watching us in their grief.