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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 7th, 2006 / 4:20 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, my simple answer to the member would be that the bill in essence creates a rigidity within the sentencing regime which is not reparable. It is the fundamental principle of the bill. That means, for the hon. member's interest, that if the bill is passed at second reading, those principles then become enshrined and cannot be changed at committee.

The member should understand that once we give second reading approval, the approval in principle for the bill is locked in and what a committee can do is very much restricted.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:20 p.m.

Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, the member for Mississauga South mentioned statistical data saying that long gun crime had gone down. I was wondering if the member could table that in the House because that is not my understanding of the statistics.

Also, the NDP member who spoke earlier suggested that long arm guns had killed half of the police officers, or something like that. Automatic weapons are long arm guns. They are included in those statistics.

I worked in the trenches. I was a criminal lawyer. I worked for the other side of justice. I believe that this legislation is necessary and it is long overdue. It will solve some problems. It is not going to solve all of them and certainly we have more of an obligation to society than what we are putting forward as a culture, but this will be a good first step to solve it.

It was mentioned earlier by a member opposite that said TV has changed our culture. I remember when I was in Australia, and I mentioned it earlier, every day for the first week I was on the beach because I love the beach. Then all of a sudden within a month I did not go to the beach at all. Within three years I probably showed up there once every two or three months.

The reality is people get desensitized. That is what happens with judges. We can see statistics that show when they become judges they are hard; they are fast. They make sure that the person does time for crime. Unfortunately when they hear that every day, just like when people see murders on TV, just like when people go to Australia and see the beach every day, they become desensitized.

That is why we as a group, as a body of Canadians, must represent those people back in the constituency who want some answers and want some changes. This bill will do that. This will set a template for judges to follow and make sure the judges follow the guidelines of Canadians.

I would like the member opposite to comment on the desensitization of judges.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:20 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, from the member's own mouth, the idea that I referred to of whether or not there was a respect for our judiciary, obviously the member has decided that the judiciary is not doing a good job for us. He is implying somehow that the bill is going to do something new. It does not do anything new. All it does is introduce additional levels of mandatory minimum penalties. They already are there.

The Supreme Court of Canada has opined on this issue. It takes away from the fundamental principle of proportionality of sentencing. It takes it out of the courts' hands.

If the member has lost confidence in the judicial system, he should support the bill and take the sentencing out of the hands of the judges. If he supports proportionality, if he supports a system which takes into account the circumstances on a case by case basis, whether it be someone suffering from an alcohol related birth defect or other mental illness, and the member is shaking his head. When 40% to 50% of the people in the jails of Canada suffer from mental illness or other alcohol related birth defects, he cannot shake his head and say it is not applicable. There is nothing more applicable in this case than fetal alcohol spectrum disorder.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:20 p.m.

The Deputy Speaker Bill Blaikie

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Pickering—Scarborough East, EnerGuide program; the hon. member for Sault Ste. Marie, passports.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:25 p.m.

Parry Sound—Muskoka Ontario

Conservative

Tony Clement ConservativeMinister of Health and Minister for the Federal Economic Development Initiative for Northern Ontario

Mr. Speaker, it is my honour, as the member of Parliament for Parry Sound—Muskoka, to address the House and to speak to Bill C-10 introduced by my colleague, the Minister of Justice, on May 4.

As we on this side of the House know, the bill proposes to tackle gun violence in a manner that is specific. The specific focus is on gang and gang activity.

Canadians in my riding of Parry Sound—Muskoka, from Parry Sound to Dorset, from Port Loring to Honey Harbour are all too familiar with the reported stories of gangs engaged in turf wars, often in public areas where innocent bystanders are shot in the crossfire.

The police also relate incidents of illegal gun trafficking, for example, handguns being rented out for the night from the trunk of a car and illegal guns traced back to the United States origins being smuggled into Canada.

We recently discovered, on a farm outside of London, Ontario, eight murdered men who were reportedly members of a notorious biker gang, which brought to the forefront the whole spectre of organized crime in Ontario. However, that particular rural spot could have been any other place in Canada. It could have been just outside of Bala in my riding or just further south in the riding of my colleague from Simcoe North, somewhere out of Orillia.

While this particular crime has stunned all Canadians, communities and provinces have faced organized crime and the fear and terror it brings, unfortunately, for some period of time. For instance, the province of Quebec has long faced reported violence stemming from Outlaw motorcycle gangs, including biker wars over control of organized crime and the illicit drug trade.

Gang and gun related crimes have an impact on the Canadian way of life, on the safety and well-being of our communities and on the livelihood of our businesses. This type of violence has absolutely no place in our children's schoolyards, in our communities, in our cities and throughout our great nation.

Bill C-10 seeks to crack down on gangs and guns. It seeks to make gang members who use guns accountable, once and for all, for their crimes. The use of a gun in a crime that relates to a criminal organization would result in mandatory minimum penalties. I speak in favour of that. Police report that the firearm of choice for street gangs and drug traffickers are handguns or other restricted or prohibited firearms. This is supported by available data from Statistics Canada.

In the homicide statistics for 2003, the Canadian Centre for Justice statistics focused on the characteristics of homicide incidents in Canada and found that gang related homicides increased. While the centre explained that some of the sharp increases are due to changes in reporting practices, there has been a notable increase over the past decade since the collection of this kind of data commenced.

In 1993, for instance, there were 13 victims of gang related homicides, 13 too many. However, in 2003 there were not 13 gang related homicides, there were 84. Victims of gang related homicides accounted for approximately 15% of all homicides. We know the targets are not just gang members. Innocent bystanders killed as a result of gang and gun related crimes are victims as well. How can we forget the Toronto Boxing Day shooting spree that resulted in the tragic death of 15-year-old Jane Creba?

All of us were on the campaign trail at the time but I am sure every member of the House heard people in our constituencies, at the door, at the coffee parties and at all candidates meetings expressing sorrow for Jane Creba's needless death and demanding that the next elected member of Parliament in each of our constituencies took this issue of gang related gun violence seriously.

I heard the message at every campaign meeting I had in Bracebridge, Huntsville, Parry Sound and Gravenhurst, as I am sure every member heard it in their respective constituencies. This innocent girl was caught in the crossfire of a gun battle on the busiest street in Canada and on the busiest shopping day of the year in broad daylight. The most common motive underlying gang and gun related homicides was reported to be the settling of accounts. Drug debts, turf wars, revenge and arguments were other common motives.

The homicide survey also found that the proportion of handguns used in firearm related homicides continues to escalate and that the types of firearms used during the commission of a homicide have changed over the past three decades. This is what the hon. member was talking about earlier. These are the statistics. Prior to 1990, rifles and shotguns were more commonly used to commit homicide. However, beginning in the early 1990s, the proportions began to dramatically reverse. By 2003, 68% of firearm homicides were committed with handguns. The survey further reported that most handguns used to commit homicides were not registered. This should come as no surprise.

Although these statistics relate specifically to homicides, Canadian crime statistics from the Canadian Centre for Justice statistics show similar proportions of handguns being present in other violent crimes as well.

I do not need to remind the House that handguns are restricted firearms. Few Canadians are authorized to possess handguns and yet they continue to be more prevalent in violent gun crimes. Handguns, illegal restricted firearms, are the first choice weapon for criminals who want to advance the interests of their criminal organization.

While the overall firearm crime rates have decreased in Canada over the last three decades, it is not true when it comes to the proportion of violent crime committed with handguns or other restricted or prohibited firearms.

Gang and gun related crimes are an issue for all Canadians. It happens too often. One life lost to gang and gun violence is one life too many.

I come down on the side of my constituents in Parry Sound—Muskoka to say that it is time the House tackled this problem directly and Bill C-10 would do precisely that. The bill encompasses the firearms most commonly used in violent crimes and the offenders involved in gangs. The bill also targets other serious firearm related crimes of increased concern to law enforcement officials, such as the theft, trafficking and smuggling of guns, the illegal possession of a gun or if a person is already prohibited from possessing firearms.

Bill C-10 sends a clear message to those who use handguns and illegal weapons to commit crimes that their actions will result in real penalties. These penalties would escalate in the event that a prior offender chooses to use a handgun or a restricted weapon for further crimes. The bill also assures Canadians and my constituents of Parry Sound—Muskoka that the government is committed to creating safer streets and stronger communities.

I urge all members of the House to support the bill.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:30 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, while the Minister of Health is here I would like to take the opportunity to ask him a few questions about health, the number one issue affecting Canadians, no doubt, as it relates to the bill.

As the minister mentioned, people are shot in our country and are then met with the health care system. As the minister knows, the waiting lines in our emergency departments are extremely long.

I have two questions for the minister. First, is he prepared to meet with his provincial counterparts on how the private sector and public sector can work together to support the public sector?

Second, will he work with various other health care professionals to establish a national medical manpower strategy for Canada? As he knows, we have a major deficit in terms of our physicians, nurses and other health care professionals who are growing older, as we too grow older.

The first question concerns working with his provincial counterparts to develop a national medical manpower strategy and the second one concerns developing a strategy to ensure the private sector supports the public sector and does not erode it.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:35 p.m.

The Deputy Speaker Bill Blaikie

The hon. member for Esquimalt—Juan de Fuca started out by announcing that his questions were not relevant to the debate and proceeded to prove it. The Minister of Health is free to answer the questions if he so chooses but the questions were not about the legislation at hand.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:35 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, I think if you were to look at Hansard you would find that the questions in my preamble related to the relevance of my questions to the bill at hand, not the irrelevance.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:35 p.m.

The Deputy Speaker Bill Blaikie

The Minister of Health.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:35 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

Mr. Speaker, I stand in this place this afternoon as the member for Parry Sound—Muskoka. I would say to the hon. member that of course we are working with our provincial and territorial counterparts on wait time reductions and wait time guarantees.

However, if the hon. member wants to reduce wait times in trauma units, pass Bill C-10. If he wants to reduce the amount of crime and violence that is hurting, maiming and killing our men, women and children, pass Bill C-10.

I stand here today, not as the Minister of Health, but as a father, as a husband, as a son of a mother and a father and as someone who represents my community of Parry Sound—Muskoka, to say, pass Bill C-10.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:35 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, is the Minister of Health not somewhat naive in believing a law will solve the problem of gangs?

It is true that we had problems with gangs in Quebec. He mentioned it earlier. However, we solved them without enacting a law. Since we succeeded without the proposed legislation, what is the usefulness of this law?

He gives us examples of carnage in Toronto. Can he promise us today that there will be no more carnage in the streets because of his very effective law?

He speaks of weapons smuggled into Canada. It would be better to talk about establishing a police force to patrol the entire border rather than banning weapons and imposing longer sentences.

My question for the minister is as follows: does he believe that he can really reduce the crime rate simply by increasing sentences? Is this not 17th-century thinking?

Criminal CodeGovernment Orders

June 7th, 2006 / 4:35 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

Mr. Speaker, I know that we are in the 21st century. At this time, in our country, it is important to first protect our citizens. It is imperative that we have laws to deal with the challenges of gangs and crime. We must have effective laws with minimum sentences.

That is what this bill is all about and our government supports this strategy. It is my belief, and my hope, that this bill will bring about improvements to counter crime, protect our citizens from gangs and crime, and provide better protection for our society.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:40 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, earlier I gave a speech in which I talked about the relevance of mental illness and alcohol related birth defects in the context that some 40% to 50% of the inmates in the prisons of Canada suffer from those symptoms, which require something different than rehabilitation as prescribed in our jails.

Is the Minister of Health aware of some initiatives within the judicial system that takes cognizance of the realities of alcohol related birth defects? Are persons, who are put into that environment, taken care of in an appropriate fashion given their condition and is this appropriately reflective in the kind of sentencing the judicial system is handing out?

Criminal CodeGovernment Orders

June 7th, 2006 / 4:40 p.m.

Conservative

Tony Clement Conservative Parry Sound—Muskoka, ON

Mr. Speaker, I am aware of some of the latest trends in rehabilitation dealing with FASD. In fact, it has been the federal government's position for some time that additional research should be funded through CIHR on the impacts and potential amelioration of FASD issues.

We, on this side of the House, believe the first obligation of any government is to protect society from criminal behaviour, from gang and gun related crimes. This bill is about getting that protection in place because it is not there now. After that protection is in place, there are many tools available to us, as a society, to deal with individuals who are taken away from society and incarcerated to protect society. Then we can deal with the other questions of how this individual came to be in a life of crime. There are probably as many reasons as there are criminals.

I heard the hon. member's speech and I listened to it very closely. I would encourage the hon. member to do the right thing and protect society first by supporting Bill C-10. That will enable us to do our job as parliamentarians. Then we can deal with some of the issues that he cares about when it comes to the perpetrators of crimes in our society.

Criminal CodeGovernment Orders

June 7th, 2006 / 4:40 p.m.

Bloc

Robert Carrier Bloc Alfred-Pellan, QC

Mr. Speaker, I listened carefully to the speech given by the Minister of Health. I share his goal of having a peaceful society where our families, the public, our fellow Canadians live in safety. We agree on that point. However, I do not share his opinion on how to achieve that. As you know, if this bill were implemented, about 300 more people would be incarcerated in federal penitentiaries and about 4,000 more in provincial institutions.

Of course, with more people incarcerated, we would come closer to the American standard. Far more people are incarcerated in the United States than in Canada.

Does the minister believe that the United States is safer than Canada? Are cities like Los Angeles, New York and Chicago safer than our cities because more people are in prison?

As well, he is not taking into account the proven fact that prisons are crime schools. Very often, young offenders learn how to commit other crimes when they go to prison for the first time. They are better criminals when they are released from prison, so they naturally return to a life of crime. I would like the minister's opinion on that.