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

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Rob Nicholson  Conservative

Status

Second reading (Senate), as of June 14, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-2 (39th Parliament, 2nd session) Law Tackling Violent Crime Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-10s:

C-10 (2022) Law An Act respecting certain measures related to COVID-19
C-10 (2020) An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
C-10 (2020) Law Appropriation Act No. 4, 2019-20
C-10 (2016) Law An Act to amend the Air Canada Public Participation Act and to provide for certain other measures

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

June 13th, 2006 / 12:35 p.m.

Bloc

Serge Ménard Bloc Marc-Aurèle-Fortin, QC

Mr. Speaker, contrary to the hon. member who asked the first question, I thought this speech was remarkable. It was quite thorough, well balanced and in-depth.

Nonetheless, there is an aspect my colleague did not touch on—perhaps he was short on time—and that was the legal aspect. Many arguments to justify minimum sentences are horror stories. The sentences seem totally unreasonable in relation to the seriousness of the crime.

Of all these objections raised, has my colleague heard of a single case that went before the Court of Appeal in the country? If these sentences are so awful, they can be corrected in appeal. Before changing the legislation, we should look just at the sentences, considered unjustifiable by some, that were approved by the appeal courts.

Criminal CodeGovernment Orders

June 13th, 2006 / 12:40 p.m.

Liberal

Michael Ignatieff Liberal Etobicoke—Lakeshore, ON

Mr. Speaker, I am very grateful to the hon. member for his comments about me.

He agrees with me on the political line I addressed in my speech. I fully agree with him that if these crimes are not properly punished, it is always possible to turn to the Court of Appeal.

I would add that in the Canadian system, Parliament creates laws and judges apply them. We accept and respect the possibility of a division of labour between the judiciary and Parliament. I accept this division and the respect that exists between the two—

Criminal CodeGovernment Orders

June 13th, 2006 / 12:40 p.m.

The Acting Speaker Royal Galipeau

The hon. member for Burnaby—Douglas.

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June 13th, 2006 / 12:40 p.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am pleased to participate in the debate on Bill C-10, an act to amend the Criminal Code, minimum penalties for offences involving firearms.

As we all know, this is an issue of prime importance to most Canadians. We all want to see effective action against crime. I want to echo what the previous speaker said. I think Canadians are tired of the breast-beating and the “We're tougher on crime than you are” that often goes on around here and that often goes on in political discourse in Canada. I think everyone in this House wants to see effective action against crime.

That is a crucial issue for me, as well, but I want to ensure that the action we take is effective action, which is why I have some difficulties with the proposed legislation that we are discussing today. The primary question that I approach every piece of legislation with is: Will it do the job that it is advertised and promoted to do? One of the reasons that I am sitting in this chamber is to make those kinds of decisions about the proposals that come before us.

I do not think we should be about enshrining so-called solutions that do not work and that give people perhaps a false sense of security. I do not think we should be wasting time and money when the need to address crime is so urgent.

Those are some of the questions that I bring to considering this legislation today. I also bring the commitment the New Democrats have made around crime and crime prevention.

We have said that there should be a three pronged approach to dealing with crime and our approach has three pillars. The first approach is firm punishment and legislative deterrence. The second approach is enhanced resources for enforcement that foster collaboration between law enforcement agencies. The third approach is essential investments in crime prevention, communities and youth. All three of those are essential in dealing with the issue of crime and crime in our society. We cannot take away one and have an effective program.

Unfortunately, the bill addresses only one of those pillars and I do not think crime can be effectively addressed in our society by pursuing only one aspect of the problem.

I also see some key problems with the legislation. The questions I asked earlier in the House were: Why are unrestricted firearms not included? Why are long guns not included? Why are shotguns not included? Why do the Conservatives think that crime committed with a long gun is somehow less important? We know that over 50% of police officers killed in Canada in the last 20 years were killed by someone using a long gun and that a huge percentage of spousal murders in Canada are committed by men using long guns as well.

If the government were really serious about indicating the seriousness of gun crime, it would have included unrestricted firearms in the legislation. It just does not make sense to leave it out. It brings into the question the whole motivation behind this legislation.

The bill also contains a 10 year provision for a third offence. As a significant body of opinion says that this may be seen as excessive by the courts and ultimately ruled unconstitutional, I am concerned about its inclusion in the legislation.

On the whole, there is evidence that mandatory minimum sentences do not reduce crime, that they have no effect on the crime rate. We know, and we have seen and heard this repeated over and over again, that people who commit serious crimes almost always never consider the punishment. Therefore, having a significant punishment for a crime is not necessarily a deterrent and it certainly is not an effective deterrent.

We have seen in other societies, such as in the United States where certain jurisdictions have drawn heavily on mandatory minimum sentences, that it has not had a significant effect on the crime rate in those jurisdictions.

The Conservatives are also making up plans for a huge increase in the rate of incarceration in Canada. We saw that a significant piece in the budget dealt with increases in infrastructure for our federal prison system. We know that the kind of measures they are proposing in Bill C-10 and in the conditional sentencing legislation would increase the number of people who are in both federal and provincial prisons.

It is not just the capital cost of the infrastructure, of building new jails and new prisons, it is also the cost of keeping someone in jail. We know that it costs about $51,500 per inmate at the provincial level and about $81,000 per inmate in the federal system.

When we combine all the plans that the government has noted on this, we see a significant increase in the cost of the prison system in Canada. Some of that cost is being downloaded to the provinces. We know that there will be an increase in sentences under two years, certainly under the conditional sentencing legislation.

This shift to incarceration will move funds from enforcement and prevention programs and it will also put more people in jail, which has been proven not to be the most effective way of dealing with crime in our society. It offers some level of protection to society, but the rehabilitation side, the rebuilding of relationship side is also more difficult when incarceration is used, not to mention the fact that prisons have often been called schools for crime and a great networking opportunity for criminals. All of those concerns draw into question the emphasis that the government is putting on increasing rates of incarceration in Canada.

There is also a problem that some Crown attorneys, in discussing this kind of remedy, have said that they do not feel that there is a need for more mandatory minimums and if they are implemented there is an increased likelihood that as Crown attorneys that they will plea bargain around them.

If that is the case, this legislation may have exactly the opposite effect than what the government intends. It may in fact see more cases plea bargained and the serious penalties that are being proposed will not actually be implemented.

Another issue with the current legislation refers to specific crimes that would establish a mandatory minimum sentence for breaking and entering to obtain a firearm. This will disproportionately affect aboriginal communities where this crime of break and entry to borrow a gun to hunt for food is quite common.

No matter what we think of this crime, how can putting more aboriginal people in our prison system for a longer time address what most of us already recognize as the huge failure of our society. Aboriginal people are hugely overrepresented in our prison population. This step moves in exactly the wrong direction.

In the last election, New Democrats put forward a comprehensive platform on crime. Central to that was an omnibus safe communities act that would take a holistic approach to reducing crime. We know that only a combination of measures can be effective.

Our plan included some of the following items, none of which are part of the Conservative's priorities and certainly none of which are part of Bill C-10.

We propose dealing with the border. We know that most illegal guns used in crime enter Canada from the United States. We need to have more effective border controls and we need to ensure that border officers are properly equipped to do the job, including arming them if an RCMP presence is not going to be provided at all times.

If we talk about border issues, I think most Canadians would recognize that the flow of illegal weapons from the United States into Canada is a serious border issue. We do not hear, report on or discuss this lately. We have been talking mainly about the problems that the Americans perceive with our border and the traffic north to south, which is unproven at best.

We know there is a serious issue of illegal guns coming into Canada from the United States. We need to deal with that effectively. We need to target the selling of illegal weapons on the Internet. This should be a specific criminal offence. The RCMP should have the resources to do the job and Parliament should establish a task force and other proactive measures for discovering and eliminating Internet sales.

We need to provide federal support for multi-level task forces in communities facing heightened violence, making sure that they include broad representation from the community and in youth involvement, and ensuring a focus on all aspects, including root causes, enforcement and prevention priority. We have to involve our communities in seeking the solutions to the crime problem in their areas.

We have called for stricter bail conditions when guns are involved in crimes. We support legislative regulatory and sentencing initiatives to embody the principle that handguns have no place in the cities.

We are also talking about returning a significant portion of the proceeds of crime back to local communities and neighbourhoods as requested by the Federation of Canadian Municipalities.

We want measures to help prevent youth from becoming involved in gangs in the first place. More funding for community programming outside school hours and other targeted educational programming, and we need to increase funding for programs to address drug addictions.

In my home community we know that most crimes are the result of people who are drug addicted. We know at the same time that there are few treatment resources available, so even when people are prepared to undergo treatment they have to wait and often that is the death knell for their good intentions and for the opportunity to actually get them off the drug that has been ruining their life.

There are many things we need to address. We need to address poverty, alienation, unemployment, literacy, access to education, and victim services, but my fear is that if we go in this direction, we will use valuable resources for those areas on incarceration and not deal with the real issues. So I am left very skeptical about this legislation.

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June 13th, 2006 / 12:50 p.m.

Conservative

Myron Thompson Conservative Wild Rose, AB

Mr. Speaker, the last few speeches we have heard in the House indicate pretty much how nice it is to be a Liberal and an NDP because they have this touchy-feely air about criminals and their activities. We keep hearing that crime is going down but I am not so sure that is true. We hear all kinds of statistics and I would suggest that we need to consider one other thing.

Even if crime is going down and I am not sure it is, in fact I am convinced it is not necessarily true. However, the one thing that is increasing is the amount of guns arriving in this country illegally and the amount of guns available to criminals. Gangs are smuggling in these guns. We know there is a hoard of guns out there and they will not be used for anything but criminal activity.

It seems to me that we are in for some serious problems ahead, probably not from the past but we had better start preparing for the future. This bill is a step in that direction. There are many things we could do besides this bill and we are going to do those things, but in the meantime we have to take this seriously. What we need to do is stop this nonsense of saying, for example, that long guns are not covered by the bill.

If someone uses a gun in a crime, it does not matter if it is a shotgun, a 30-30 rifle or whatever. If individuals use a gun in the commission of a crime, this bill says they are guilty and will be punished. I wish the opposition members would start speaking the truth about the bill and either read it or put it aside, but keep their mouths shut if they are not going to speak about facts and the idea that it does not apply.

Second, I would like to know why we do not get the bill to committee? We are hearing now all this touchy-feely wonderful stuff that we are going to do but nobody over there really knows what we are going do. Let us get this to committee. Let us get this thing closed down and let us get some real study on it because I know that the victims of crime strongly support this bill. Police forces across the country strongly support the bill and all we are hearing right now is this fuzzy stuff.

I am tired of it. I want the bill to be studied in committee. Let us get it right because guns are going to be a very serious problem in the future because of the number of them that exist out there and, by the way, are not registered.

Criminal CodeGovernment Orders

June 13th, 2006 / 12:50 p.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I would be happy to comment on the member's interjection. I wish he would take some time to look at the evidence about crime statistics in Canada. If he bothered to do that, he would see that crime is indeed decreasing in Canada.

In fact, just this last weekend in British Columbia we saw that auto theft, which has been one of the main problems of crime in the lower mainland, has actually gone down. Some of the preventive proposals that have been gaining use in the lower mainland are things like bait cars. They have gone a significant distance in decreasing the kind of auto crime that we see. It is exactly those kinds of programs that we need to be funding.

If the Conservatives were concerned about not being touchy-feely and wanted to actually do something about crime in Canada, they would put some money into those kinds of programs. They would put some money into restorative justice programs to rebuild relationships, and keep crime, punishment and rehabilitation in the community.

They would put some money into victim services to ensure that victims have the support they deserve when they are faced with dealing with a major crime. There is nothing touchy-feely about calling for that kind of reorganization of government spending and nothing touchy-feely about calling for that kind of reorganization of the government's thinking because that is a significant task ahead of us.

The member mentioned the whole issue of gangs and illegal guns. Bill C-10 is not going to do anything about that, not one thing. Those people could care less what the penalty is for the kind of crime that they are involved in. If the government were serious about dealing about that, we would see some programs that would prevent people from becoming involved in gangs. We would see some programs that would deal with the question of the border. Why are guns still flowing across the border illegally? Why have there not been any specific initiatives to deal with that? Those are really important questions that need to be addressed as well.

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June 13th, 2006 / 12:55 p.m.

The Acting Speaker Royal Galipeau

Is the House ready for the question?

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June 13th, 2006 / 12:55 p.m.

Some hon. members

Question.

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June 13th, 2006 / 12:55 p.m.

The Acting Speaker Royal Galipeau

The question is on the motion. Is it the pleasure of the House to adopt the motion?

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June 13th, 2006 / 12:55 p.m.

Some hon. members

Agreed.

No.

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June 13th, 2006 / 12:55 p.m.

The Acting Speaker Royal Galipeau

All those in favour of the motion will please say yea.

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June 13th, 2006 / 12:55 p.m.

Some hon. members

Yea.

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June 13th, 2006 / 12:55 p.m.

The Acting Speaker Royal Galipeau

All those opposed will please say nay.

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June 13th, 2006 / 12:55 p.m.

Some hon. members

Nay.

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June 13th, 2006 / 12:55 p.m.

The Acting Speaker Royal Galipeau

In my opinion the yeas have it.

And more than five members having risen:

Call in the members.

And the bells having rung: