5.3 Canadian Commissions, Committees & Task Forces on Drugs
1. The Le Dain Commission (1969-1972)
The Government of Canada formed The Le Dain Commission (formally known as The Commission of Inquiry into the Non-Medical Use of Drugs) in 1969 to address a growing concern about the use of drugs and the appropriate societal responses to such usage (Riley, 1998). According to Riley (1998), the Commission analyzed the social (e.g., costs to law enforcement, courts, and correctional services) and individual costs and consequences (e.g., impact of a criminal record on the individual, including on employment; impact of broad search and seizure powers, etc.) of the current criminalization policy. It produced 4 reports, one of which focused solely on cannabis. The reports included a series of recommendations that were largely ignored by the Government (Owusu-Bempah & Luscombe, 2021).
Some Key Recommendations:
- Decriminalization of drugs – cannabis and harder drugs (Zhang, 2021; CBC, n.d.a).
- Eliminate cannabis possession as an offence (CBC, n.d.a).
- Trafficking of cannabis should not carry mandatory jail terms (Le Dain et al., 1972).
- Trafficking should not include the giving of cannabis by one user to another, that reasonably could be used by a person on a single occasion (Le Dain et al., 1972).
- Greater attention should be paid to harm reduction strategies (Zhang, 2021).
Click the links below to learn more about the Le Dain Commission Reports:
Le Dain Commission of Inquiry into the Non-Medical Use of Drugs tables fourth & final report
VIDEO: Le Dain Tables Final Report Recommending Decriminalization of Marijuana
2. Senate Special Committee on Illegal Drugs (2001)
The Senate Committee was tasked with examining Canada’s approach to cannabis and the effectiveness of that approach (Nolin & Kenny, 2002a). They explored: policies used in other parts of the world; Canada’s obligations tied to international drug treaties; and the social and health consequences of cannabis (Nolin & Kenny, 2002a). In their report the Committee argued that only behaviour causing demonstrable harm to others should be penalized (Nolin & Kenny, 2002b). Their primary conclusion was that cannabis (possession, production, and distribution) should be legalized and regulated by a government agency (Nolin & Kenny, 2002a).
3. Parliamentary (House) Special Committee on Non-Medical Use of Drugs (2001)
The mandate of the House Committee was two-fold: to study factors relating to the non-medical use of drugs in Canada and to make recommendations to reduce the dimensions of the problem involved in such use (Torsney, 2002). The recommendations contained in their report included: decriminalizing the possession of small quantities of cannabis, but maintaining all other drug prohibitions (e.g., those tied to possession, production, and trafficking); implementation of “safe-injections facilities” (now more commonly referred to as Safe Consumption Sites); and the establishment of special drug courts (Torsney, 2002).
4. The Task Force on Marijuana Legalization & Regulation (2016)
The Task Force was responsible for: seeking views of Canadians; engaging in discussions with Provinces, Territories, and experts; and drafting a report to advise the Federal Government on the design of a new legislative and regulatory framework for cannabis (Canada, 2016a). Some of the key recommendations in the report that were adopted by the government included: setting a national minimum age of 18 for cannabis purchase; applying comprehensive restrictions on advertising and promotion; requiring plain packaging with basic information and warning requirements; requiring opaque child proof resealable packaging; and prohibiting mixed substance products (Canada, 2016a).
5. Health Canada Expert Task Force on Substance Use (2021)
The final version of the Recommendations on Alternatives to Criminal Penalties for Simple Possession of Controlled Substances, was published by the Health Canada Expert Task Force on Substance Use in May 2021. The Task Force found that criminalization of simple possession causes harms to Canadians, leading to the conclusion that Canada needs to end criminal penalties and coercive measures related to simple possession and consumption. When making recommendations, the Task Force kept five core issues in mind: stigma; disproportionate harms to populations experiencing structural inequity; harms from the illegal drug market; the financial burden on the health care and criminal justice systems; and unaddressed underlying conditions.
Some Key Recommendations for the Government of Canada include:
- Begin legislative change to bring certain Acts (i.e., CDSA, TVPA, Cannabis Act) under a single public health legal framework.
- Expunge all criminal records from previous offences related to simple possession.
- Make significant investments to provide a full spectrum of supports for people experiencing substance use disorders (SUDs) or who are in recovery.
- Implement a more comprehensive and responsive system to rapidly and effectively gather, use, and disseminate evidence about substance use, its effects, and the impacts of government policies on the health and well-being of Canadians.
The task force also “strongly urged Health Canada to respect the sovereign rights of the Indigenous Peoples of Canada and support their governments in providing appropriate prevention and treatment approaches” (Health Canada, 2021, p. 14).
An Act is also called a Statute. A Bill is enacted or becomes an Act (i.e., law) when it is passed by the House of Commons after its third reading and receives Royal Assent (Ontario, n.d.).
