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 the Library of 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
C-10 (2013) Law Tackling Contraband Tobacco Act
C-10 (2011) Law Safe Streets and Communities Act

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 17th, 2007 / 11:15 a.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, first, unfortunately the member is right. Some people will vote on this because of what they said during the election campaign. In true fairness, to be wise and just legislators, we sometimes have to eat crow if expert witnesses show us we are doing the wrong thing. That is why we have a committee system.

The member's second point was very important. The Criminal Code of Canada specifically allows under sentencing that the special circumstances of aboriginal people be taken into account, specifically because they are incarcerated disproportionately in numbers.

The member is exactly right. How can the judge look at that situation if he has no option. This may actually be unconstitutional. It may be against the provisions of sentencing in the Criminal Code because it does not allow special consideration for aboriginal people. They are automatically assigned a minimum sentence. The government has set up a conflict by having these very long mandatory minimum sentences.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:15 a.m.

NDP

Penny Priddy NDP Surrey North, BC

Mr. Speaker, when we track criminals and their histories, research has shown that if we support parents and their newborns and young children from say the ages of five, six and seven, this can prevent them from ending up in the criminal justice system to a much lesser degree.

What can we do in those early years so we do not end up having this same discussion five or ten years from now? I am interested in the member's comments on the early prevention side.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:20 a.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, a couple of witnesses definitely talked about the root causes. They said that the solution was to deal with those, including early childhood development.

We have to deal with the problem early on and resources should go toward addressing that. However, it has been proposed that the resources go toward incarcerating more people, which will cost more, make them more likely to reoffend and make society more dangerous.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:20 a.m.

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I have been listening to what has been said because this is not the first time we have talked about this bill. The more I listen, the more I realize this is nothing but smoke and mirrors and that the government wants to implement a bill to try to bolster its image and make people believe that minimum sentences are the only solution to making them safe at home, in their town, province and country.

If we look at everything going on around us, we see that truly tragic events occur, like the one at Dawson for example. I doubt that the prospect of a minimum sentence would have stopped this young man from committing that crime. I doubt that the prospect of a minimum sentence would have stopped Mr. Lépine from killing so many young women at the École polytechnique.

Most of the tragic events of this kind are unplanned crimes committed by a deranged individual, and minimum sentences would not change a thing.

A number of American states, unfortunately, still have the death penalty. But still a lot of crimes, murders and homicides, are committed in those states. This means that it does not work very well, despite the death penalty. We should wake up and look at who the people are in the U.S. prison system who have been sentenced to death. They are not white collar workers, or millionaires, or people who have had an easy life. There is always a small percentage of incorrigibles, of course, people who can never be helped to reintegrate into society or turn their lives around. Unfortunately, these people do exist. The devil exists. I know personally that he exists.

Earlier, one of my colleagues asked the hon. member in the Liberal Party whether he had ever been victimized by a criminal act. If so, he would know and understand what it is to be afraid of being victimized. Personally, I have been victimized. Several times I have found myself in dangerous situations where I was facing firearms and knew the end might be nigh.

I had a job in a restaurant and, very late one evening, a young man put a gun on his table because I did not want to serve him and so he tried to threaten me. I know, therefore, what it is to be threatened. However, the fact that crimes are committed does not mean that all the people who commit them are habitual criminals. That is not true. Many people can be reintegrated into society and can go on to make a great contribution. We see it every day and we know some of these people. I would not want to see these people’s lives permanently blighted because they made a mistake when they were young. But that is exactly what minimum sentences do.

Under the Canadian legislation, there are already 29 acts that can result in a minimum sentence. Does the system work better because we have all these provisions? Are there fewer people in prison?

As my colleague in the New Democratic Party just said, if we really want to combat crime, I think we should attack the root causes, which are poverty and a lack of human contact, human warmth and communications, as a result of which many of our young people find themselves isolated and without anyone to guide them.

I believe that if we paid more attention and ensured that people have real jobs and real salaries perhaps it is possible that we would have less crime. I am not talking about cheap labour, about seasonal jobs, or jobs where a woman who works 35 hours, 40 hours or 60 hours is compelled to remain on the employer’s premises and can not go out. It has been proven that imposing minimum sentences does not reduce crime. Many studies have been done on this subject.

I found a study conducted by Nicole Crutcher and Thomas Gabor. It is a study that was carried out over a period of 20 years. Twenty years is not insignificant. A study carried out over 20 years is a serious study.

This study showed that minimum sentences accomplish nothing and do not help in any way. It is simply a way of making people believe that because we put more people in prison and give them minimum sentences that there will be less crime. That is not true. That is not the way it works.

According to this study, only a small proportion of offenders committed to prison are of the calculating type who carefully weigh the pros and cons of committing a crime. They also said that many offenders prefer to go to prison rather than serve community-based sentences. They do not consider the difference between a sentence of three years, five years or ten years. They do not make that distinction. When they commit a crime, they do not think of the sentence they might receive. The only thing they think about is not getting caught. Publicizing the penalties will not make them think about them any more, believe me.

It would be better to reinstate the gun registry and ensure that we do not just give young people the tools to commit crimes.

Yesterday, on television, I heard that a grandfather had obtained a gun permit for his two-year-old grandson. Two years old. Is that what our colleagues of the Conservative party want to see? Is that what should happen? Do we need weapons to defend ourselves? That is what was claimed in the United States during the shooting some weeks ago. Is that what we want? Do we all need to have weapons so that the law can come after us every time we use them to commit a crime? There are no weapons in my house. Most people do not want them either. We will not prevent people from owning weapons through minimum sentences. Rather, let us arrest the real criminals and put them in prison.

Very often, young people who are members of a street gang commit small crimes. That is unfortunate. Let us deal with the problem of street gangs. We should not think that minimum sentences will stop young people from becoming members of a street gang. That is not the way things work.

When criminals commit crimes, they do not think, “I might get caught and be put in jail for three years, so I had better not use a weapon. Instead, I will just give the victim a little piece of paper that says I am about to commit a crime”. They do not think that. Once they have decided to commit a crime, they do it regardless of the minimum sentence associated with it.

For example, if a young man without a record gets caught doing the kind of thing teenagers do to impress their peers or if the only thing he knows how to do is to be the baddest of the bad, he could wind up in jail for a long time. He could be lost to our society. That would be very unfortunate.

Now, instead of getting rid of the methamphetamines, ecstasy and hard drugs that hurt our children, instead of conducting raids all over the place to wipe the drug problem out, the government wants to give people minimum sentences. That makes no sense. That is not how our society works.

I know that teenagers are often easily influenced. We have to keep an eye on them constantly. The most easily influenced teenagers are the ones who fall through the cracks. The rate of incarceration among young people from aboriginal and visible minority communities is high. Why? Because poverty is even more prevalent in those communities than elsewhere. Would it not be a better idea to provide social housing and affordable housing, to offer young people decent jobs and to build community centres? Would it not be better to give them the opportunity to work in the summer and in their communities rather than cut youth employment assistance programs? That is not what the government is doing.

Under the pretext of wanting to ensure public safety, the government has introduced legislation that will help very few people, and will fill up our jails with even more people. What will they do once our jails are full? They are already full. Will they build more jails? Perhaps they want Canada to become a military state. Do we want to live in the kind of country where the only thing the government does is make sure that nobody ever commits a crime? We have to get serious. The government does not govern for itself. It governs for the people it represents.

We were accused earlier of not consulting the people we represent. It is precisely because we consulted them that we refuse to adopt such a philosophy. It is precisely because we consulted them that we know that this is not what people want. On the contrary, people are asking us to restore the gun registry. Police forces are asking us, and so are abused women and other groups. That is what people want to ensure real security. That is what we need. We need tools. We do not need stringent legislation that will put more people behind bars without giving them the opportunity and the chance to otherwise rehabilitate themselves. That is not what we need. That is not what people want.

My colleagues from the Bloc Québécois, the NDP and the Liberal Party have also made their position very clear. We want humane measures, measures that allow people who have lost their way to get back on the right track, to start over and participate in society, instead of being sent to the dungeons for 10, 15 or 20 years, where they will certainly not learn anything.

When these people are released from prison, they certainly will not be out to do good, because they will have only one thing in mind, and that is what they learned on the inside to avoid being sent back. When a person is released after 10 or 15 years, a person who was young going in, what have they learned about society? What have they learned about living in society? What have they learned about involvement, sharing or integration? Nothing. They have learned only how to survive. Is that what we want, a population of survivors? That is not what I want.

I am convinced that many members in this House will agree with me. Survivors are like rats and will do anything to get by. That is frightening.

It is scary. But with progressive and humane laws that take into account all the factors, enabling judges to hand down informed sentences, we can move forward. As a society, with such laws we can be proud because our children will not fall through the cracks. I am sure of this, because all the studies say so and prove it. It is not Nicole Demers saying it. I am sorry, Mr. Speaker, but I am allowed to name myself. Hundreds of experts say so. The proof is that in the United States, in states where there are mandatory minimum sentences, there is more crime than in other states.

So what does the government need to see the light? What does it need to open its eyes? I do not know. Instead of using smoke and mirrors, the government should listen to real people and stop holding little focus groups that give the answers they want to hear, instead of real answers from real people who live in the real world. That is what it should do.

I hope that this bill will not be adopted. I really hope so because if that is the direction we are going, it will be a serious mistake that will affect our children, grandchildren and the society we live in. That is for sure.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:35 a.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Mr. Speaker, I was listening to that speech but I thought it was somewhere between a rant and a ramble. I was not exactly sure where the member was coming from. She was all over the map, talking about wanting to represent the people and then bringing out some studies and focus groups to support her opinions.

The legislation that we adopt in this place is about representing the people. Canadians are asking for tougher sentences. It is fairly simple. We are giving them tougher sentences because that is what Canadians want. We know that these things are a deterrent.

The previous speaker, the member for Yukon, was talking about how prison actually makes people worse. He would argue there be no prison at all under those circumstances.

The opposition members' comments on this kind of legislation is that they have no real position other than they would like to hold these people by the hand and the poor little darlings are the victims rather than the perpetrators of the crime. It is time that we said that criminals are criminals and they deserve to be punished accordingly--it is that simple--rather than to hold them by the hand, pat them on the head and tell them, “Be a nice little person. Please, do not do it again”.

I would hope that all members of this House would recognize that Canadians want a judicial system that works, that applies punishment, that makes sure our streets are safe. This kind of legislation is resonating with the general public.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:40 a.m.

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, as usual, our Conservative colleagues are not listening. They do not listen to us and they do not listen to the people. So those comments do not surprise me.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:40 a.m.

Liberal

Alan Tonks Liberal York South—Weston, ON

Mr. Speaker, I actually found the member's overview to be quite eloquent and substantive. It is funny how members can sit in this place and draw different conclusions and inferences, but that is mine.

I would also like to make clear that in terms of mandatory minimums what is being offered up and the amendments that have been proposed by the opposition, in particular this party, are very close. In fact, there is only a difference of about a year in terms of the discretionary capacity. We really are not arguing from hugely different perspectives.

My area of York South—Weston in Toronto is one of 13 neighbourhoods that are at risk. At a public meeting I was told that we are treating the symptoms and not the disease when we come down heavily with respect to our criminal justice system. My son is a lawyer and he has told me that judges have indicated that they do not have a lot of flexibility with respect to people in the criminal justice system who in fact return to prison.

What tools are available within the criminal justice system, in particular in the prisons, for effectively dealing with those who have to go to prison? It is not that we want them to go to prison, but that is where they end up. How can we ensure that when these people, in particular the young people, get out they can be productive members of society?

Could the member perhaps give us a bit of insight as to what tools and programs the government could establish that would make sure that we are not creating further problems for our community when people do come out of prison?

Criminal CodeGovernment Orders

May 17th, 2007 / 11:40 a.m.

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, certainly, with rehabilitation services in our prisons, we would be further ahead. In Quebec, we have a number of programs designed to rehabilitate our young people and prisoners. If we really wanted to tackle crime, we would tackle the problem of excessively early parole. That legislation has no teeth. If we really want to deal with this problem, that is what we should do.

At present, we have education, information and awareness programs in our prisons, especially in Quebec. Groups such as Narcotics Anonymous, Cocaine Anonymous and religious groups visit prisoners and meet with them to talk with them, try to understand them and see how they can get back into society when they leave prison.

A great deal of prevention is done as well. Other groups promote discussions where victims meet with criminals and talk about their experience as victims. Even if that particular criminal was not directly involved with these particular victims, the victims can still explain how crimes affected them.

This raises awareness. When someone becomes more aware, I think we have to look at what point that person has reached in his or her own life. Often, these people are quite desperate and not very spiritual. In my opinion, with this sort of approach, which is much more humane, we may be able to bring these people out of the misery they are living in, so that they will not go back to prison but choose to re-enter our society.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:40 a.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, in reality, what we clearly need to do in this Parliament in the near future is to concentrate on crime prevention.

The continuation of some of the things we do in this country as a result of the ill-fated war on drugs that has been going on for the past 30 years has driven up the crime rate to an unbelievable extent. It centres around the activities of human beings and their needs and desires. It has created a situation where we built the criminal industry to a degree that is unprecedented for one particular substance or another in our society.

Does the hon. member not think that in the future we in Parliament should be looking at crime prevention? Should we not be looking at ways to take the oxygen out of the criminal industry and look at ways that we can rationalize the behaviour of people in society so that the use of heavy sentences is not the prime consideration of Parliament?

Criminal CodeGovernment Orders

May 17th, 2007 / 11:45 a.m.

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, my colleague is quite right. This government's prime consideration is not really getting rid of crime. The government has slashed funding for every area where money is needed to prevent people from turning to crime. It has cut funding for prevention and information and for programs to help the illiterate, who do not have much opportunity to improve their lives and are easily influenced by others. The government has turned its back on every area where continued funding is needed. It has abandoned aboriginal communities, women, children and seniors.

In so doing, it has set the stage for even more crime.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:45 a.m.

Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, I would like to commend the hon. member for Laval on her fine presentation on the human side of this issue, which is important to the Bloc Québécois. I am proud to have the hon. member for Laval representing the riding next to mine.

I would like her interpretation, among other things, of the fact that the government is cutting $10 million from the summer career placements program. Students need this additional income in the summer in order to pursue their studies. I find it inconsistent to invest this $10 million in maximum sentences that will result in more incarceration. I would like my colleague to say a few words on that.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:45 a.m.

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, my colleague is absolutely right. In this matter, not only has there been a financial cut, but the method has also changed. Now one major centre has the opportunity to decide, for the surrounding regions, who will get the summer jobs programs. This is being done without any regard for the area, the social stakeholders who need this money, or for what has been done in the past. Now an impersonal, administrative approach is being used in a big office. These are administrative cuts and an administrative approach is being used without any regard for the impact these cuts will truly have in these areas.

In my riding, four agencies were doing exceptional work; one agency in particular. They were working in a multi-ethnic area that has a high crime rate with youth who cannot necessarily rely on their parents for help with their school work, people who do not have many job opportunities. Unfortunately, racism still exists today and a person whose skin is a different colour than the local people sometimes has a hard time finding work.

These young people, through agencies working in the area with people from the area, could be assured that at least for the summer they could gain self-confidence, become involved and stay motivated. This no longer exists.

Criminal CodeGovernment Orders

May 17th, 2007 / 11:45 a.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, it gives me great pleasure to rise in this House today to speak to Bill C-10.

This is a bill that would improve the safety of all Canadians by ensuring that violent criminals who use firearms to commit their offences will receive serious prison time consistent with the gravity of their offences.

This bill addresses two groups of offences. First of all, there is one group which involves offences in which a firearm is used in the commission of another crime. We call that the use offence, where it is actually being used in the commission of a crime. The second group involves the possession of illegal firearms, and we call those non-use offences.

Let me deal with the first group. Bill C-10 will impose mandatory minimum penalties where a gun is used in the commission of a serious Criminal Code offence. These offences would include such things as attempted murder, discharge of a firearm with intent, sexual and aggravated sexual assault, kidnapping, hostage-taking, robbery and extortion.

If a restricted or prohibited weapon is used in the commission of any of these offences or if such guns are used in relation to gang activity, which of course is a very real problem in Canada, a first time offender will receive an automatic five year prison sentence. Penalties escalate to seven years on a second and subsequent offence for the same or similar type of gun crime.

Clearly, this bill targets repeat violent offenders who must be kept off the streets for the good of our communities. It also provides a deterrent to youths who are involved in gangs, forcing them to weigh the consequences of their actions before engaging in crime.

The second group of offences of course involves the illegal possession of a restricted or prohibited firearm, and some of the offences that would be targeted under this particular section would be firearms trafficking, stealing a firearm, possession of a firearm for the purposes of trafficking in narcotics, making an automatic firearm, and also firearms smuggling. For these non-use offences of course there are going to be mandatory minimum sentences as well.

This legislation is aimed directly at, among other things, the gun trafficking industry. Virtually all gang-related crime we see across Canada is committed not by those who purchase their firearms legally and register them, but by people who purchase them illegally on the black market or steal them from legitimate gun owners.

In my home province of British Columbia, it is estimated that gang-related shootings or murders occur on average of once every month, sometimes more often than that. The rate of increase in gang activity in B.C. is astonishing. Most of it, of course, is fueled by the drug trade, mainly high grade marijuana, and it is carried out by young people with illegal firearms who have complete disregard for the safety and the lives of those around them.

In my home riding of Abbotsford, we are known to be a beautiful community. It is a safe community, relatively speaking. It is in a beautiful setting, nestled between 10,000 foot Mount Baker and the Fraser River. We are a community of elderly, young families, singles and students who all enjoy Abbotsford because of the quality of life it offers. It consistently scores high in all of these areas. In fact, it was recently named as the most generous community in all of Canada, and that is backed up by a number of different studies, both Statistics Canada and other studies within British Columbia.

However, the blight has crept into Abbotsford. Gangs and guns are increasingly common, usually in connection with the drug trade. Although the gangs in my area are quite fluid and frequently travel throughout the lower mainland, we have seen our share of unimaginable pain and grief caused by shootings.

The 2006 year end statistical report from the Abbotsford Police shows that 126 firearms offences took place in my riding. Some of these include robbery; assault; a sexual assault with a weapon; drive-by shootings, which are very common now; and home invasions. This is happening in Abbotsford and it is happening right across the country in communities that all of us live in.

On September 26, 2006, the Abbotsford Times reported that the police responded to a 25-year-old man who had been shot and was in serious condition. The man was known to police who believed he was purposely targeted.

Just last Friday, May 11, the CBC reported a shooting on Commercial Drive in Vancouver in a popular cafe. This man was shot several times in the stomach and transported to hospital for emergency surgery.

An 18-year-old Abbotsford native, Yulian Limantoro, was gunned down when he got caught in the crossfire of a drug deal gone sour and that was in Surrey on March 3, 2006.

On October 28, 2005, a 40-year-old woman in Port Moody was struck by a stray bullet while watching television in her living room. The bullet lodged itself in her brain but luckily she survived.

Of course, none of us can forget the string of violent crimes the city of Toronto suffered in 2005. By mid-September 40 people had been slain in the city. All of us were shocked and horrified especially by the senseless death of grade 10 student, Jane Creba, on Boxing Day 2005. Jane was gunned down on busy Yonge Street along with six others who were injured in the crossfire. The 15-year-old was the 52nd murder in Toronto in 2005.

Going back to 2006, police in B.C. recorded that over 1,000 firearms were used in crimes or kept illegally in the lower mainland. Anyone who still thinks gun crime is an American phenomenon need only look at British Columbia.

Between 2001 and 2006, 195 British Columbians died in gun-related homicides. In 2006 alone police recovered 379 semi-automatic pistols, 28 revolvers, 139 other handguns, 76 rifles, 66 shotguns, 88 assault rifles and 12 modified weapons.

The current mandatory minimum penalties for gun crimes are not sufficient. We need to discourage these criminals by making it costly to buy, sell or use firearms in the commission of offences. The way we do that is by taking away their freedom to commit such crimes and making the penalties for subsequent offences escalate in severity.

Bill C-10 will not only send a clear message that gun activity will be met with serious consequences, it will also take these criminals off the street for longer periods of time.

To place this into context, I want to stress that the bill does not represent an across the board increase in mandatory minimum sentences. Rather it targets crimes that are specifically related to gang activity and repeat and violent offences.

Going back to my community of Abbotsford, as the House knows, Abbotsford shares the border with the United States and it is part of a complex web of organized crime on the lower mainland of British Columbia. Drugs, such as high grade marijuana, meth amphetamines, crystal meth are regularly exchanged for firearms from the U.S. These are the same firearms being used to commit the wide range of violent gang related crimes we are witnessing today.

Although both American and Canadian border security officials are quite vigilant in protecting our borders and stopping the cross-border gun trade, there is only so much that they can do with limited resources when the same people go to prison for short periods of time and are turned back onto those very streets only to take up crime once again. Of course, usually that is violent crime.

The gun and drugs trade are quite lucrative industries. Unfortunately, there are many young people that are into the gang lifestyle. These mandatory minimum penalties that we are proposing should go a long way in discouraging youth from taking up this behaviour.

Our Conservative government is also concerned with preventing young people from getting involved in the crime lifestyle in the first place through community initiatives. That is why in our 2006 budget the government invested $20 million in a plan for communities. This money will be focused on preventing youth crime and helping young people stay away from guns and gangs.

I believe that both this bill and our other prevention initiatives will work together to reduce the number of gun-related crimes and deaths in Canada.

If we do not send a clear message to criminals that the consequences of using handguns to carry out a crime will far outweigh the benefits, I believe these gun crime numbers will only increase. The clear message we are sending is this. Criminals should be prepared to go to prison if they commit a serious gun offence, period.

I believe these penalty schemes will also be an important tool for police officers who must place themselves in potentially deadly situations on a daily basis. They will now know that should they send an offender to prison for committing a firearms offence listed in Bill C-10, that offender will not be back on the streets for a long time. When we take those offenders off the streets and put them behind bars for longer periods of time, they do not represent a crime threat during that period to ordinary, hard-working, law-abiding citizens. At the same time, police officers can focus their efforts on other criminals in our communities.

It is clear that our communities across the country are suffering from violent gun crime, yet the previous Liberal government, over 13 years, did absolutely nothing to address this scourge in our country. Sadly, the Liberal and the Bloc opposition parties have done everything in their power to try to thwart our attempts to pass Bill C-10.

In fact, when this bill went to committee, it was essentially gutted, leaving it meaningless. It had no teeth to it anymore. It was only with the support of the NDP that we were able to reintroduce the mandatory minimum sentence provisions of the bill, a five year mandatory minimum sentence for the first offence and seven years for a second and subsequent offence. Even so, the 10 year mandatory prison sentence that we had proposed for a third and subsequent offence was removed. The bill, as drafted, is better than nothing at all. Canadians are demanding this kind of legislation.

It would be comical, if it were not so serious, how the Liberals have managed to flip-flop on the issue of gun crime. The House may recall that through a deathbed conversion late in the election campaign, the Liberals suddenly agreed to get tough on crime and specifically promised to introduce and support tough mandatory minimum sentences for gun crimes. They suddenly got religion so to speak.

These were promises that were made to Canadians about their personal safety, yet here we are. The Liberals are asked to defend Canadians against an ever increasing cycle of gun violence, and what do they do? They have done a 180° turn and have fought against our Bill C-10. Shame on them. The Liberal Party of Canada has rightly earned its title of being soft on crime.

In order to end the cycle of gun violence, our new Conservative government is committed to filling our election promise to get tough on serious criminals. We owe nothing less to the Canadian public than to protect it to the fullest, and I believe this bill is the way to do that. Effective deterrents, including escalating minimum jail terms, are an important step in reducing crime on our streets, as is choking off the supply of illegally acquired handguns.

That is why we have these two facets to the bill. One deals with the use of firearms in an offence. The second is the illegal possession of firearms. Typically, if a drug trafficker's car is stopped, guns will be found in that car, so it is easy to prosecute these individuals.

British Columbians and residents of Abbotsford are tired of watching criminals execute violence and get off with a slap on the wrist. Finally, we have a government that is committed to the right of law-abiding citizens to live in safety and security. That is a promise we made during the election and one on which we are fully following through.

I trust the House will do the right thing, protect Canadian families the way we promised to do.

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May 17th, 2007 / noon

Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I sincerely tried to listen to and absorb the remarks of the hon. member. However, in the end I found his remarks to be partisan, simplistic and misleading in many respects. I am not saying everything he said is misleading, but simplistic to be sure. As a result, they are not credible and I will ask him a couple of things.

He said that the proposed new sentencing will cause gangs or criminals to reconsider if they really want to go ahead and do the crime. Has he ever been to one of these crime meetings where they sit down and consider if they really want to do the crime? Do they use a calculator? Do they have a lawyer come in and tell them what the sentencing might be if they are convicted? Do they have a chart on the wall and a road map that tells them exactly what the sentence will be?

I have not heard of these meetings, these deliberations, so maybe he could inform the House about where these meetings take place and what they consider. It is a revelation to me that criminals or potential criminals sit down and go through the deliberation about whether they will really do the crime and measure up what the penalty will be.

The second thing I want to ask the hon. member, and he is really being quite misleading, is this. He said, “The Liberal government, in 13 years, did absolutely nothing to address the issue of firearms crime”. I will not use the harsh words, but what he said is absolutely untrue and misleading. The member clearly omits to mention that the House, under a Liberal government, did enact additional penalties, mandatory minimum penalties of one year and four years for firearm crimes. That does not equal absolutely nothing.

The member should be careful about what he says. Could he answer those two questions, please?

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May 17th, 2007 / 12:05 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, the member referred to my speech as partisan and simplistic. Quite frankly, that is exactly the kind of double-talk that Canadians have come to expect from the Liberal Party of Canada.

For years the Liberals have been promising to get tough on crime. What the hon. member does not explain is why, during the last election, they promised to impose tougher mandatory minimum sentences for gun crimes and now have done a complete flip-flop. That is embarrassing. Canadians expect more than that.

Am I being partisan? You bet, Mr. Speaker, I am being partisan. I am standing up for Canadians who deserve to be protected against gangs, drug criminals and those who use guns in committing crimes. They are not only targeting people who are involved in the drug trade, but are impacting innocent bystanders who are being killed and permanently maimed.

I ask the member to reconsider his position, as a party. The Liberal Party should come on side and do what is right for Canadians. I would be ashamed to be a Liberal today. I would be ashamed to stand up and say “We promised to get tough on these gun criminals, but today we are changing our minds and we hope Canadians forget about it”.

I encourage the member to re-evaluate his party's position on this issue. This is an issue that is critical to Canadians.