Stricter sentencing and drug rules in hospitals

Summary#

This bill, called the Safe Hospitals Act, changes federal criminal and drug laws to set tougher rules for weapons and illicit drug use in hospital settings. It directs judges to treat possession of a weapon for a dangerous purpose in or near hospitals and other public health care facilities as an aggravating circumstance (a factor that can increase a sentence). It also blocks federal exemptions that would allow illicit or unprescribed drug use inside hospitals, while making clear that prescribed use under a practitioner remains allowed (Criminal Code s.88(3) as added; CDSA s.56(3)-(4) as added).

• Judges must consider hospital location as an aggravating factor when sentencing for possession of a weapon for a dangerous purpose under Criminal Code s.88(1) (Criminal Code s.88(3) as added).
• The term “near” and “public health care facility” are not defined in the bill (Criminal Code s.88(3) as added).
• The federal Health Minister cannot grant exemptions that would permit illicit or unprescribed drug use in hospitals; prescribed, supervised medical use is unaffected (CDSA s.56(3)-(4) as added).
• Community supervised consumption sites and other exemptions outside hospitals are not changed (CDSA s.56(3) as added).
• The bill contains no direct spending, taxes, or fees in its text.

What it means for you#

• Households and visitors

  • If you are convicted of possessing a weapon for a dangerous purpose in or near a hospital or other public health care facility, the judge must treat that location as an aggravating factor at sentencing (Criminal Code s.88(3) as added).
  • What counts as “near” is not defined in the bill; courts will interpret it case by case (Criminal Code s.88(3) as added).

• Patients

  • Use of prescribed controlled substances in hospitals, under practitioner supervision, continues as before (CDSA s.56(4) as added).
  • Illicit or unprescribed drug use inside hospital spaces cannot be authorized by a federal exemption (CDSA s.56(3) as added).

• People who use drugs

  • Hospital-based supervised consumption or similar services that rely on federal exemptions could not allow illicit or unprescribed use inside hospitals if this bill becomes law (CDSA s.56(3) as added). Number of affected programs: Data unavailable.

• Health care workers and hospital administrators

  • Workplace safety policies may reference the new aggravating factor for s.88 offences on or near hospital grounds (Criminal Code s.88(3) as added).
  • Hospitals cannot operate or host services that permit illicit or unprescribed drug use under a federal exemption; prescribed treatments remain allowed (CDSA s.56(3)-(4) as added).

• Law enforcement and prosecutors

  • You will need to present facts showing the offence occurred “in or near” a hospital or other public health care facility to trigger the aggravating factor for s.88(1) cases (Criminal Code s.88(3) as added).
  • Other weapons or firearm offences outside s.88(1) are not covered by this specific aggravating factor (Criminal Code s.88(3) as added).

• Judges and courts

  • You must consider the location-based aggravating factor when sentencing for s.88(1) convictions tied to hospital settings (Criminal Code s.88(3) as added).
  • Interpretation issues may arise over what qualifies as “near” and what facilities count as “public health care facilities” (Criminal Code s.88(3) as added).

Expenses#

• Estimated net cost: Data unavailable. The bill includes no direct appropriations or revenue changes.

• Key points

  • No spending or taxation measures are in the bill text.
  • Any indirect impacts on policing, courts, or corrections from changed sentencing are not quantified. Data unavailable.
  • Any health system impacts from changes to exemptions in hospitals are not quantified. Data unavailable.

Proponents' View#

• Enhances safety in sensitive settings by signaling that carrying a weapon for a dangerous purpose in or near hospitals deserves a tougher sentence (Criminal Code s.88(3) as added).
• Creates consistent, nationwide recognition of hospital settings as aggravating for s.88 offences, reducing variation in sentencing for similar conduct (Criminal Code s.88(3) as added).
• Draws a clear line that illicit or unprescribed drug use should not be authorized in hospitals via federal exemptions, while preserving necessary medical care with prescribed drugs (CDSA s.56(3)-(4) as added).
• Respects harm-reduction and research activities outside hospitals because the exemption limit applies only to hospital settings (CDSA s.56(3) as added).
• Keeps focus in hospitals on treatment and clinical care, not on facilitating illicit drug use (CDSA s.56(3) as added). Evidence of effect size on safety: Data unavailable.

Opponents' View#

• The bill does not define “near” or “public health care facility,” which could lead to uneven enforcement and litigation over scope (Criminal Code s.88(3) as added).
• The aggravating factor applies only to s.88(1) (possession for a dangerous purpose), not to other common firearm or weapons offences, which may limit its practical impact on hospital safety (Criminal Code s.88(3) as added).
• Blocking exemptions for illicit or unprescribed use inside hospitals could prevent hospital-based harm-reduction models (e.g., supervised consumption for inpatients); effects on overdose risk inside hospitals are unknown (CDSA s.56(3) as added). Data on current hospital-based programs: Data unavailable.
• Longer sentences may increase corrections and justice system costs without clear evidence of deterrence in hospital settings; no fiscal analysis is provided. Data unavailable.
• Frontline actors will need to determine and prove what counts as “in or near” a covered facility, which may add procedural disputes and delays (Criminal Code s.88(3) as added).