An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Vic Toews  Conservative

Status

Not active, as of May 30, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to provide for escalating minimum penalties according to the number, if any, of previous convictions for serious offences involving the use of a firearm if the firearm is either a restricted or prohibited firearm or if the offence was committed in connection with a criminal organization, to provide for escalating minimum penalties according to the number, if any, of previous convictions for other firearm-related offences and to create two new offences: breaking and entering to steal a firearm and robbery to steal a firearm.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 29, 2007 Passed That the Bill be now read a third time and do pass.
May 7, 2007 Passed That Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, as amended, be concurred in at report stage with further amendments.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 17 as follows: “17. Section 239 of the Act is replaced by the following: 239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, (ii) in the case of a second offence, seven years, and (iii) in the case of a third or subsequent offence, ten years; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under this section; (b) an offence under subsection 85(1) or (2) or section 244; or (c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”
May 7, 2007 Passed That the Motion proposing to restore Clause 17 of Bill C-10 be amended: (a) by substituting the following for subparagraphs 239(1)(a)(ii) and (iii) contained in that Motion: “(ii) in the case of a second or subsequent offence, seven years;” (b) by substituting, in the English version, the following for the portion of subsection 239(2) before paragraph (a) contained in that Motion: “(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 2 as follows: “2. (1) Paragraph 85(1)(a) of the Act is replaced by the following: (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion), (2) Paragraphs 85(3)(b) and (c) of the Act are replaced by the following: (b) in the case of a second offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of five years.”
May 7, 2007 Passed That the Motion proposing to restore Clause 2 of Bill C-10 be amended by substituting the following for paragraphs 85(3)(b) and (c) contained in that Motion: “(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.”.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 1 as follows: “1. Section 84 of the Criminal Code is amended by adding the following after subsection (4): (5) In determining, for the purposes of any of subsections 85(3), 95(2), 96(2) and 98(4), section 98.1 and subsections 99(2), 100(2), 102(2), 103(2) and 117.01(3), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1); (b) an offence under section 244; or (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”
May 7, 2007 Passed That the Motion proposing to restore Clause 1 of Bill C-10 be amended by substituting the following for the portion of subsection 84(5) before paragraph (a) contained in that Motion: “(5) In determining, for the purposes of any of subsections 85(3), 95(2), 99(2), 100(2) and 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
May 7, 2007 Passed That Bill C-10 be amended by restoring the long title as follows: “An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act”
June 13, 2006 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Criminal CodeGovernment Orders

May 2nd, 2007 / 4 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I thank my colleague from Newton—North Delta. As you know a member of Parliament's life is somewhat frantic at times and this is one of those days. I want to thank him for his generosity and I appreciate the opportunity to speak in this debate.

It is a bit of a bizarre bill. It is quite obvious this is the government's attempt to switch from a pretty bad week it had. Conservatives want to get back to their so-called law and order agenda, which is little more than a cheap ploy to take people's attention away from their hapless handling of Afghanistan, the environment, income trusts, interest deductibility and a whole variety of other economic issues.

It is beyond me why the government considers increasing minimum mandatory penalties to be a matter of such urgent national importance that it has marginalized far more other important issues such as income trusts, interest deductibility and fighting climate change and making excuses and firing incompetent ministers of defence and for that matter, for finance. The emphasis on this matter is even more perplexing when it is taken into account that, contrary to myth propagated by the government, crime rates have in fact generally been declining since the early nineties. Of course facts never get in the way of legislation for the government.

A number of reasonable suggestions were made by Liberal members at the committee with respect to trying to put the bill into some sort of a reasonable context, but they were rejected and the government quite clearly indicated that it was not interested. Conservatives were rather soft on the causes of crime. There is absolutely no interest in dealing with those root causes.

In fact, the government's lax attitude toward gun control makes it easier to obtain guns. It has been starving the gun registry and now there are more guns on the streets of Toronto and other cities. To no great surprise, there is more violence and there is more violence that is associated with guns. So much for a law and order party. The Conservatives want everyone else obey the laws, but when it suits them, they do not want to obey the gun control laws and they want to ensure they fade into oblivion.

It is more than just a little perverse to contribute to the guns on the street and then come along and save the problem it just created. More guns are on the street in part because of that party. More guns and more violence means more criminality. More criminality means more court time and more taxpayer money, more prisoners and a backlogged justice system, all because of the government's fear of alienating the very powerful gun lobby.

Once again we see a vicious cycle caused by misplaced priorities and identification of the problem of a party that is soft on the causes of crime. The Conservatives would rather throw money at the problem after they created it in the first place because of this self-perpetuating counter-productive process.

I suggest that the cynical government's true intent in Bill C-10 is to create the illusion that it is taking effective measures with respect to making Canadian communities safer. In fact, this piecemeal, incoherent, punishment based obsession to crime is all about optics and nothing but optics.

Simply put, the approach of Conservatives to crime is more concerned with appearance rather than substance, which would explain why they ignore the best advice of experts in the area who have long argued for a balanced and comprehensive approach to crime, which consists in equal parts of prevention, deterrence and rehabilitation.

The government is not fond of listening to anyone. In fact, it does not even listen to its bureaucrats. There was an article in the Ottawa Citizen entitled “Tories warned early automatic prison terms won't work”. At various points in the article, it says:

—within days of taking office, was warned by senior federal bureaucrats a central election pledge to impose new automatic prison terms won't deter crime nor protect the public.

The Conservatives, apparently, ignored the advice from the justice department lawyers. Their briefing book said that minimum mandatory sentences had no discernible benefits and that they prompt more people to plea bargain their way out of jail.

It is not just their own lawyers the Conservatives ignore. They also ignore criminologists, the people who make their living in this field, who have actually studied the phenomenon and who give advice that is universally consistent. Many criminologists are actually very dismissive of minimum mandatory sentences because all they do is clog prisons and there is scant evidence they in fact deter crime.

Having ignored their experts and their own department, the Conservatives also chose to ignore international experience where many jurisdictions are backing away from minimum mandatory sentences because they do not work. A number of U.S. states have abandoned this particular approach. The department is ignored, the committee is ignored, the experts are ignored, international experience is ignored and, of course, the community is ignored.

The other reason we oppose Bill C-10 is because of its serious unintended consequence. When discretion is taken away from judges, it impedes their efforts to tailor sentencing in accordance with the particular circumstances of each offender and each offence. Each offence is unique and it is very difficult to achieve a cookie cutter approach to justice. I do not believe the government is actually interested in justice. It is interested in the conviction process. As long as there are convictions, it is fine, and justice is kind of an incidental byproduct.

The fact remains that there is anything but a widespread consensus that mandatory minimum penalties have much value as deterrents to crime, which helps explain why many other jurisdictions and stakeholder groups remain doubtful of their effectiveness.

However, the evidence puts a lie to such a distorted image of the crime situation in this country because crime has actually been going down over the past 15 years, in some categories of crime quite dramatically and in the category of violent crime not as dramatically.

This past weekend I attended a few events in my riding and met with about 100 people over the course of the weekend. I can honestly say that not one person mentioned Bill C-10 to me and not one person wanted to talk to me about minimum mandatory sentences. In fact, I do not even recollect any conversation about criminal issues whatsoever. However, among people's chief concerns were the environment and Afghanistan and one or two talked about income trusts.

Last year the United Way identified a number of postal codes in the GTA which are particularly impoverished areas. One of those postal codes is in my riding. The United Way, the TD Bank and other interested community leaders got together and asked the community what they could do. The community and community leaders worked together. In a short period of time an alliance was formed among the community leadership and they addressed the real causes of crime.

I can say that in the two years that the United Way has been working in that postal code, real crime in real terms has actually been reduced. The police love this initiative, the community is thrilled and the leadership is quietly quite satisfied. Some people are moving back to the area after having put their houses up for sale.

Accompanying this initiative is a commitment on the part of the government to spend something in the order of about $250 million. I put a challenge out to the minister. If he could pro-rate that among 308 ridings, I would appreciate my riding receiving its share and forgetting about this bill. I can tell him and the House that if that pro-rated share came to my riding, it would do more to reduce the causes of crime than all of these minimum mandatory so-called justice and tough on crime bills put together.

I appreciate the opportunity to speak and thank my colleague from Newton—North Delta for sharing his time.

Criminal CodeGovernment Orders

May 2nd, 2007 / 4 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I was listening to my dear colleague express some of the reserves he has with regard to Bill C-10. I would like to hear what he has to say on one particular point.

As other members of this House, I saw that member introduce last week a bill aimed at reducing violence in television broadcasts. Many members on the government side are claiming that they want to fight crime, to better protect our fellow citizens and to enact bills providing for increased penalties as a form of repression.

However, they voted against that bill to reduce violence in television broadcasts. As you know, certain studies show that television violence can lead to other forms of violence.

I would like the member for Rosemont—La Petite-Patrie to comment on this.

Criminal CodeGovernment Orders

May 2nd, 2007 / 3:45 p.m.
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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, it gives me great pleasure to speak to Bill C-10 today. Essentially, the purpose of this bill is to significantly increase minimum sentences for firearms related offences.

In his speech, my colleague who spoke just now accused the opposition of being small-minded and hypocritical, among other things, about Bill C-10 in the parliamentary committee and in the House of Commons. I feel I must explain that the Bloc has disagreed throughout the Bill C-10 process not because of surface issues but because of substantive issues. The approach the government is seeking to initiate with this bill is damaging and dangerous, and we do not think it will bring about concrete results.

The Conservative government's approach, as expressed in Bill C-10, is contrary to the approach Quebeckers have always wanted, an approach that often produces real results. We have always focused on prevention and rehabilitation. I remember the debates on young offenders here in the House of Commons, debates that were led by the then member for Berthier—Montcalm, who was our party's justice critic.

We proved that Quebec's approach to the issue produced results and that the prevention and rehabilitation approach justified supporting a point of view that, while diametrically opposed to the one proposed by the federal government, nevertheless maintained the social equilibrium we needed. Members of the Bloc Québécois are against this bill because it is damaging and ineffective and will not make our citizens safer.

We are among those in this House who believe that to reduce violence in our society, we must work on prevention. We believe that we must implement measures such as gun control. We believe that we must, for example, reduce the amount of violence on television. This is the purpose of my bill to amend the Canadian Broadcasting Act. We belive that we must take preventive measures to reduce violence on television, which is the complete opposite of the government's approach in Bill C-10.

Also, we believe that minimum sentences unnecessarily tie the hands of judges, who remain in the best position to determine what sentence is the most appropriate in light of all the facts of the case. The Robert Latimer case, where a man who wanted to end the suffering of his 12-year-old daughter, took her life out of compassion, shows that although this man was sentenced to 25 years in prison, the judges' assessment was quite different. The problem with these minimum sentences is that some sentences are not really commensurate with the person's actions. The sentence should be personalized, instead of having a mandatory minimum penalty that often does not fit the crime committed.

Third, experts indicate that the use of minimum sentences does not lower crime rates or recidivism rates. I would remind the House about a study conducted in 1997 for the Department of Justice Canada by University of Ottawa criminologist Julian Roberts. Mr. Roberts concluded that: “mandatory sentences of imprisonment have been introduced in a number of western nations. ... The studies that have examined the impact of these laws reported variable effects on prison populations, and no discernible effect on crime rates.”

Clearly, the impact of minimum sentences has not been conclusive. When we look at the statistics, even though the government tries to ignore them and says that the opposition is manipulating the figures, the fact remains that homicide rates—including first and second degree murder, and manslaughter—have dropped by 36% in recent years.

During that time, crime rates did not increase. The homicide rate did not increase. On the contrary, it fell. In 1975, there were three victims for every 100,000 inhabitants. In 2004, by contrast, there were only 1.95 for every 100,000 inhabitants. Thus, in recent years, we have not seen an increase in the homicide rate. On the contrary, it went down.

The problem with the approach the government would like to take is that it tries to copy an American model, a model initiated south of the border. But our statistics are different from those of the United States.

In the United States, in 2003, there were five victims for every 100,000 inhabitants. In Canada, we had 1.73 victims for every 100,000 inhabitants and in Quebec there were 1.34 for every 100,000 inhabitants. They would like the public to believe that the homicide rate has increased; but that is completely false as it has decreased by 36%. The government wants policies from south of the border to be adopted here in Canada. That is completely wrong. Better results will not be achieved by handing down longer or more prison terms. On the contrary. If you believe in prevention and rehabilitation and look at Quebec's example, you will realize that the results are a good deal better than those south of the Canadian border. That is why we are opposed to Bill C-10.

In the two minutes I have left, I will say that rather than increasing minimum sentences, the government should be reviewing the parole process. My colleague from Ahuntsic probably gave the best example in question period yesterday when she asked the Minister of Public Safety the following question:

—a halfway house in my riding, located very close to an elementary school, houses Clermont Bégin, a sexual predator whom the National Parole Board still considers very dangerous. My constituents are worried.

Setting aside the fine work being done by the staff at this halfway house, does the Minister of Public Safety think it is right that a facility like this, located fewer than 300 metres from an elementary school, is housing sexual predators?

Consequently, rather than looking at increasing minimum sentences, the government should carry out a review of the parole board process.

In closing, I will say that we are opposed to this bill. Our reasons for opposing it are not superficial. There are fundamental issues and cosmetic amendments will not satisfy the approach proposed by the Bloc Québécois. We believe in prevention and in rehabilitation. For these reasons we are opposed to Bill C-10.

Criminal CodeGovernment Orders

May 2nd, 2007 / 3:40 p.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it is with great pleasure that I rise today in this place to express my support for Bill C-10, and my desire and hope that all members will see fit to support this bill as well.

Bill C-10 is one of a suite of government initiatives that we have introduced in this House in an attempt to get tough on crime. We have seen several other initiatives pass before this House in debate, but unfortunately, I must say at the outset my concern is that members of the opposition, particularly the official opposition, seem to have tried, almost on a continuous basis, to obstruct debate on these bills.

I speak of Bill C-10 now because we have seen many times before when debate has been engaged that members of the official opposition have moved concurrence motions to interrupt that debate.

Again I must say that despite the fact that we have given our best efforts to try to introduce legislation that not only would get tough on crime, but in doing so would protect Canadian citizens and Canadian communities, we have seen a concerted effort by members of the opposition to water down bills in committee. When that has not worked, they have tried to obstruct introduction and debate of these bills in this place.

I can only say that I find that to be unconscionable, quite frankly, because I think that these bills, even though there may be genuine differences of opinion by members of the opposition, at least deserve the opportunity to be debated fully in this place. Any attempts that we have seen by members of the opposition to interrupt such debate is, as I mentioned before, unconscionable. I am very pleased today to see that at least this day we have an opportunity to continue debate on this very important bill.

It is important that members of this House and other Canadians who may be watching this debate understand fully the implications behind Bill C-10 and its intent. Quite frankly, Bill C-10 is an attempt to increase and impose mandatory minimum sentences on those individuals convicted of crimes, either gang related or firearm related crimes.

Mandatory minimum sentences are initiatives to which all opposition parties in the last federal election committed in their own campaign platforms. We had been very clear in our commitment that if elected, we would introduce legislation that would deal with mandatory minimum sentences for a number of offences, use and non-use offences that have dealt with firearms.

If I recall, the Liberal Party during the last election campaign also supported those initiatives. In fact the Liberals said that if they were elected, they would ask that mandatory minimum sentences be doubled if they formed government. In fact just the opposite was true. When Bill C-10 was introduced at committee, we saw a combined opposition, primarily led by the Liberal Party of Canada, that seemed to gut Bill C-10.

I found it to be somewhat hypocritical that on one hand, during the campaign when Canadian voters were examining which political party they wished to vote for, on the issues of law and order and crime in general, the Liberals said at that time that should they be elected to government, they would be introducing legislation that would double the mandatory minimums for gun related and gang related offences. Yet what happened in reality away from the spotlight of an election campaign, in committee we saw that the Liberals wanted to gut the bill and in fact remove all but two of the clauses of that bill.

On one hand, the Liberals spoke to the Canadian electorate about one thing, but the reality is that when they got behind the closed doors of the committee chambers, they did quite another. I find that to be quite reprehensible.

I believe that Canadians deserve to be treated with respect, and we saw anything but that with respect to the Liberals with Bill C-10.

Luckily, however, we have seen that the member for Windsor—Tecumseh, the hon. member representing the NDP, has found it in his heart and in his party's heart to restore some of the initiatives contained in Bill C-10 and support us in getting this bill passed through this place and to eventually make it into law. I applaud the member for Windsor—Tecumseh for his initiative and support in this matter.

What the bill states, quite frankly, quite clearly and quite simply, is that if someone is convicted of a first offence, gang, gun or firearm related, there would be a five year minimum sentence imposed by the judiciary. For any second or subsequent offence, it would be a seven year minimum sentence.

This is a reasonable approach. In fact, when the original Bill C-10 was introduced, we wanted even tougher legislation. We wanted five years for the first offence or conviction, seven years for the second, and then 10 years for the third and subsequent offences. However, again the opposition decided to gut that provision and without the support of the member for Windsor—Tecumseh, we would see Bill C-10 in a state nowhere near the original bill that it was intended to be.

However, I think we have struck a reasonable compromise with the support of our colleagues from the NDP in restoring at least some of the provisions of the original Bill C-10 , so that now we see that we will be getting support to impose five year minimum sentences on the first offence and seven years for second and subsequent offences.

Not only do I think that is reasonable, but it reflects the will of the majority of the Canadian public. For too long Canadians have seen a justice system, and some would call it a revolving justice system, where individuals convicted of serious gun related crimes would far too often be back out on the street before the end of their sentences. In fact, time and time again people in my riding have said to me, “Why do you not do something, if you are finally elected and become the government of this land, about protecting Canadian citizens?”

I am a big believer in deterrents. I believe that if individuals who are considering the commission of a crime knew that if caught, sentenced and convicted, the sentence at the end of the day would be severe enough, that would act as an effective deterrent to the commission of that crime. In all cases, certainly not; in some cases, yes, I believe it would happen.

My point is that if we can do anything that would prevent or reduce the level of incidence of serious crimes, that is an initiative in which we as parliamentarians should be engaging. We should support those initiatives.

I have heard time and time again from members of the opposition that statistics tell a different story, that statistics say that deterrents such as mandatory minimums do not work. With all due respect, I disagree vehemently with the approach taken by the Liberals. I believe that deterrents do work and we should do everything in our power to set a course of action in our justice system in Canada to ensure that serious offences are dealt with severely.

I agree with members of the opposition when they say that greater effort should be put into trying to find ways to prevent crime from occurring originally. I agree with that. The Conservative Party of Canada agrees with that. The only difference I see between our party and opposition members is that when all exhaustive efforts to prevent crime from occurring fail and serious offences occur, the perpetrators should actually be punished and punished severely.

This is the essence behind Bill C-10, to impose mandatory minimums on individuals who commit gang related or firearm related offences. It will act as a deterrent. It is a bill that I ask all members of this place to support.

The House resumed from April 30 consideration of Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, as reported (with amendment) from the committee, and of the motions in Group No. 1.

May 1st, 2007 / 3:50 p.m.
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Yves Francoeur President, Fraternité des policiers et policières de la Communauté urbaine de Montréal Inc., Canadian Police Association

I did not bring any statistics on Montreal because they do not indicate the number of people out on bail pending trial. However, Montreal probably has the best statistics in Canada. People told me last week that only Montreal and Toronto had detailed statistics. One thing I do know is that, on Saint-Laurent Street in Montreal, 28 handguns have been seized since January 1st, 2005, including 11 that were directly related to street gangs, with the rest connected to organized crime.

If Bill C-35 had been in force, Basil Parasiris, who murdered Laval police officer Daniel Tessier, would never have been on bail while awaiting trial. It was Basil Parasiris in this case, but in Montreal we are often dealing with street gangs. We might, for example, arrest three of them with handguns in a car. If a street gang member happens not to have a criminal record because he has never been caught before, he will receive a bail hearing in court and be released.

This legislation needs to be passed in its entirety. But we also need to look at firearms more broadly. Bill C-10 and the firearms registry will probably be back in the spotlight soon.

I am particularly sensitive on firearms issues. On December 6, 1989, at 4:40 in the afternoon, I was patrolling on Décarie Boulevard in Montreal, when I received a call to go to the École Polytechnique. Unfortunately, we arrived too late; there were 14 victims. For 12 hours, I guarded a crime scene a little larger than this room, where 6 female students had been killed and were lying on the ground. Against the back wall stood a metal ladder leading up to a small window. Those young women had tried to escape, and there were bits of flesh everywhere.

In Montreal and other major cities, we have seen a trend toward greater use of firearms. I was a patrol officer in Montreal from 1987 to 1998. During that period, we very rarely seized any handguns. We seized sawed-off weapons, prohibited weapons, because handguns were not available. These days, anyone can get hold of a handgun. I work for the police in Montreal and I could bring you to an Indian reserve in Châteauguay and find you a 357 or 9 mm handgun to buy.

Bill C-35 is a first step in the right direction, but it is up to you, as our current decision-makers, to ensure that future generations, our children and grandchildren, will be able to live in a society without firearms. So please, it is important to begin by passing this bill.

Thank you.

JusticeOral Questions

May 1st, 2007 / 2:55 p.m.
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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, as part of the government's crime fighting initiative, we brought forward Bill C-10 for debate yesterday, a bill that would give a five year mandatory minimum sentence for people who commit a serious crime with a gun.

At the first opportunity, the Liberals interrupted with a three hour motion that made it impossible to discuss that important piece of legislation.

When will the Liberal Party figure out that it will take more than a press release or a press conference to get tough on crime in this country? I want to know that and I think the people of Canada deserve the answer to that.

JusticeOral Questions

May 1st, 2007 / 2:55 p.m.
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Conservative

Merv Tweed Conservative Brandon—Souris, MB

Mr. Speaker, after listening to Canadians, our government brought forward numerous bills aimed at cracking down on crime.

Yesterday in the House we were debating Bill C-10, the bill to establish mandatory minimum sentences for gun crimes.

Will the Minister of Justice update the House on the status of Bill C-10.

Criminal CodeGovernment Orders

April 30th, 2007 / 6:25 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I am sorry to interrupt my colleague but I rise on a point of order.

In light of the fact that the official opposition today brought concurrence down and interrupted debate on Bill C-10, one of the government's justice bills that we are trying to get passed as quickly as possible this week, I wonder, if you sought it, if you would find unanimous consent for the House to continue to sit for an additional three hours for the consideration of Bill C-10.

The House resumed consideration of Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, as reported (with amendment) from the committee, and of Motions Nos. 1 to 20.

JusticeOral Questions

April 30th, 2007 / 2:55 p.m.
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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, I thank the hon. member for her support of the government's crime fighting initiative.

In the last election, candidates from all parties promised to get tough on crimes, particularly crimes committed with guns. That is why the government introduced Bill C-10, which would have a five year minimum sentence for people who committed serious crimes with guns. Unfortunately, the Liberals and the Bloc got together to gut that bill at committee.

However, I am pleased to say that with the support of the member for Windsor—Tecumseh, we are going to restore the intent of that bill.

Unlike the Liberals and the Bloc, we will fulfill our commitment to Canadians to fight crime.

JusticeOral Questions

April 30th, 2007 / 2:55 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, during the 2006 federal election, the government, the NDP and the Liberal Party all promised to get tough on gun crimes. In fact, the Liberal platform promised to double mandatory minimum sentences for serious gun related crimes. However, the Liberals broke that promise by gutting nearly every clause of Bill C-10 at committee.

Despite this flip-flop from the Liberals, could the Minister of Justice explain what our government is doing to fulfill this campaign promise to Canadians?

Public SafetyStatements By Members

April 30th, 2007 / 2:05 p.m.
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Conservative

Rob Moore Conservative Fundy Royal, NB

Mr. Speaker, Canada's Conservative government is committed to making our communities a safer place to live. We are delivering on this promise by bringing forward bills that strengthen our laws and crack down on crime.

We have presented Bill C-10 to impose tough minimum penalties for offences involving firearms, Bill C-22 to raise the age of protection and ensure the safety of young Canadians, Bill C-9 to restrict conditional sentences and guarantee that serious offenders are not eligible for house arrest, and Bill C-27 to crack down on the most dangerous offenders in Canada.

However, we have not had the support of the official opposition party that does not seem to think that public safety is an important issue. The Liberals have even gutted some of our bills at the committee stage and prevented Canadians from benefiting from their protection.

When will the official opposition finally make the safety of Canadians a priority and stop blocking this government's justice legislation?

Motions in AmendmentCriminal CodeGovernment Orders

April 30th, 2007 / 1:55 p.m.
See context

NDP

The Deputy Speaker NDP Bill Blaikie

Before we resume debate, the Chair is ready to rule on the admissibility of the amendments by the official opposition to Bill C-10.

The Chair has carefully examined the amendments proposed by the hon. member for Notre-Dame-de-Grâce—Lachine to report stage Motions Nos. 5 to 16 of Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms). The Chair has also reviewed the arguments presented by the hon. members for Notre-Dame-de-Grâce—Lachine and for Windsor—Tecumseh.

The Chair would articulate the principle of the bill as imposing mandatory increasing minimum penalties for repeat offences. The amendments are at odds with this, as they basically propose minimum sentences, thus contradicting the principle of the bill, which is to deal with repeat offences. Therefore, I regret to inform the member that all these amendments are inadmissible, as they are contrary to the principle of the bill.

In addition, the Chair notes that a series of amendments to Motions Nos. 9 to 16 are also inadmissible for a second reason, as they do not relate to the amendments proposed by the hon. member for Fundy Royal. In other words, they could only be proposed as subamendments to the amendments of the member for Fundy Royal and not as amendments to the motions.

I thank all hon. members for their contributions.

Resuming debate, to the hon. member for Scarborough—Rouge River.

Motions in AmendmentCriminal CodeGovernment Orders

April 30th, 2007 / 1:50 p.m.
See context

Conservative

Rick Dykstra Conservative St. Catharines, ON

Mr. Speaker, we cannot take an approach to justice that is a revolving door. If we do that, then we will treat our justice system like the polls, which go forward and backward in the country.

What somebody believes or thinks one day and what somebody does not think another day, proven by statistics, if that is how we will be running government, then we are in a whole bigger problem than what the member likes to think or wants to suggest. We need to solve problems and we do that through legislation.

The legislation is good and it is sound. It is supported by a majority of members in the House, and most important, it is supported by Canadians.

I understand the hon. member's passion and commitment. However, at the same time, we cannot say on the one hand that we are for something, an election commitment, and then after try to use statistics on this issue to argue why we are against it.

If the member thinks about this a bit, he will understand that the right thing to do is stand up in the House and support Bill C-10.