Bill C-236: An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures)

Bill C-236 If you have any questions or comments regarding the accessibility of this publication, please contact us at [email protected]. First Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content ENGLISHSUMMARYSUMMARY1 Controlled Drugs and Substances Act1 Controlled Drugs and Substances Act First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020 HOUSE OF COMMONS OF CANADA BILL C-236 An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures) FIRST READING, February 26, 2020 NOTE 2nd Session, 43rd Parliament This bill was introduced during the first session of the 43rd Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the first session. The number of the bill remains unchanged. Mr. Erskine-Smith 431099 SUMMARY This enactment amends the Controlled Drugs and Substances Act to require peace officers to consider measures other than judicial proceedings to deal with individuals alleged to have been in possession of certain substances. It also sets out principles to be taken into account in the determination of the most appropriate measures to take. Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 43rd Parliament, 68-69 Elizabeth II, 2019-2020 HOUSE OF COMMONS OF CANADA BILL C-236 An Act to amend the Controlled Drugs and Substances Act (evidence-based diversion measures) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1996, c. 19 Controlled Drugs and Substances Act 1 The Controlled Drugs and Substances Act is amended by adding the following after Part I: PART I.‍1  Evidence-based Diversion Measures Principles Declaration of principles 10.‍1 The following principles apply in this Part: (a) problematic substance use should be addressed primarily as a health and social issue; (b) interventions should be founded on evidence-based best practices and should aim to protect the health, dignity and human rights of individuals who use drugs, and to reduce harm to those individuals, their families and their communities; (c) criminal sanctions imposed in respect of the possession of drugs for personal use can increase the stigma associated with drug use and are not consistent with established public health evidence; (d) interventions should address the root causes of problematic substance use, including by encouraging measures such as education, treatment, aftercare, rehabilitation and social reintegration; and (e) judicial resources are more appropriately used in relation to offences that pose a risk to public safety. Warnings and Referrals Warnings and referrals 10.‍2 (1) A peace officer shall, before commencing proceedings against an individual alleged to have committed an offence under subsection 4(1), consider whether it would be sufficient, having regard to the principles set out in section 10.‍1, to take no further action, warn the individual or, with the consent of the individual, refer the individual to a program, agency or other service provider in the community that may assist the individual. Subsequent charges not invalidated (2) The failure of a peace officer to consider the options set out in subsection (1) does not invalidate any subsequent charges against the individual for the offence. Proceedings — limits 10.‍3 Proceedings may be commenced or continued against an individual alleged to have committed an offence under subsection 4(1) only if, having regard to the principles set out in section 10.‍1, the individual cannot be adequately dealt with by a warning or referral mentioned in section 10.‍2, or by way of alternative measures, as defined in section 716 of the Criminal Code, because of the nature or number of previous offences committed by the individual or any other aggravating circumstances. Record of warning or referral 10.‍4 The police force may keep a record of any warnings or referrals used to deal with individuals alleged to have committed an offence under subsection 4(1) only if doing so is necessary for the protection of public safety. Evidence of warning or referral not admissible 10.‍5 Evidence that an individual has received a warning or referral mentioned in subsection 10.‍2(1), evidence that a peace officer has taken no further action in respect of an offence under subsection 4(1) and evidence of the offence is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the individual. Published under authority of the Speaker of the House of Commons Publication Explorer Publication Explorer ParlVU