Concluding observations on the combined eighth and ninth periodic reports of Canada (CEDAW/C/CAN/CO/8-9

44. The Committee welcomes the commitment of the State party to reviewing its drug policy with a view to shifting from a criminal to a public health and harm reduction approach. Nevertheless, the Committee is concerned about the excessive use of incarceration as a drug-control measure against women and the ensuing female overpopulation in prison. The Committee is also concerned about the significant legislative and administrative barriers women face in terms of access to supervised consumption services, especially in the light of the continuing nationwide opioid overdose crisis.

45. The Committee recommends that the State party:

(a) Define harm reduction as a key element of its federal strategy on drugs, and reduce the gap in health service delivery relating to women’s drug use by scaling up and ensuring access to culturally appropriate harm reduction services;

(b) Repeal the Respect for Communities Act (2015) and establish a transparent process for exemptions permitting the operation of supervised consumption services without risk of criminal prosecution of clients or service providers;

(c) Repeal mandatory minimum sentences for minor, non-violent drug related offences;

(d) Take measures to prevent overdose deaths throughout the State party, including by exempting from arrest drug users who, when facing an overdose, contact the emergency services for assistance.