An Act to amend the Criminal Code and the Firearms Act (non-registration of firearms that are neither prohibited nor restricted)

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

Sponsor

Stockwell Day  Conservative

Status

Second reading (House), as of June 19, 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 and the Firearms Act to repeal the requirement to obtain a registration certificate for firearms that are neither prohibited firearms nor restricted firearms.

Similar bills

C-24 (39th Parliament, 2nd session) An Act to amend the Criminal Code and the Firearms Act (non-registration of firearms that are neither prohibited nor restricted)

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-21s:

C-21 (2022) Law An Act to amend certain Acts and to make certain consequential amendments (firearms)
C-21 (2021) An Act to amend certain Acts and to make certain consequential amendments (firearms)
C-21 (2016) Law An Act to amend the Customs Act
C-21 (2014) Law Red Tape Reduction Act
C-21 (2011) Political Loans Accountability Act
C-21 (2010) Law Standing up for Victims of White Collar Crime Act

Criminal CodeGovernment Orders

June 19th, 2007 / 7:10 p.m.

Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Mr. Speaker, first, I thank the minister for tabling Bill C-21 in this House and keeping another Conservative platform commitment to eliminate the long gun registry.

I also thank the minister for implementing the amnesties. I know my constituents are very appreciative of that. I know a lot of them received some of the money they had used on their application forms back, and I have received some positive feedback on that.

I also thank the minister for the tremendous work he has done to ensure there are enough RCMP officers on the streets. I have met with my constituents in Breton and Hobbema and there is a lack of RCMP and resources on the ground to do the police work that needs to be done.

However, the question I have for the minister is on something he brought up during his speech. I would like to bring some clarification to the House.

In a former life I was a database administrator. I am fairly conversant in how databases work and how queries work between databases. One of the things I used to do, when I was a faculty member teaching databases, was talk about the importance of processes in place to ensure the information that went into a system was good. We used to call it garbage in equals garbage out.

Could the minister clarify and give us more information about whether the information in the database is good, whether the police officers can use, through CPIC, the licence database, as there is obviously a repository of information there, and whether that information is useful to police officers in lieu of the fact that the registry information is obviously flawed?

Criminal CodeGovernment Orders

June 19th, 2007 / 7:10 p.m.

Conservative

Stockwell Day Conservative Okanagan—Coquihalla, BC

Mr. Speaker, the fact is it was an impossible task to register the millions upon millions of long guns in the hands of farmers, hunters and sport shooters. Guns have been passed on from generation to generation. Some do not even have the serial numbers on them.

Because the member has asked, it is only fair that I use the quote from the Auditor General when she looked at that. She said, “The quality of the information is doubtful”. This is not very reassuring to a police officer pulling up to a home and thinking that he or she is going to be able to get exact, precise information about a certain type of long gun or not. However, what a police officer can know is that an individual has a licence to possess firearms. We can have this information without spending $1 billion trying to register every type of firearm. That is the disconcerting part.

I have quoted a police officer who says that the officers cannot trust the data. What they trust is their training and they approach every situation as if there is a firearm present.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:10 p.m.

Liberal

Susan Kadis Liberal Thornhill, ON

Mr. Speaker, why is the minister continually misleading Canadians, telling them that licensing is adequate when that will not register each gun? Police will not have that prior information, when approaching a potential crime scene, to know whether there are five, ten, twenty or forty long guns. Why is the minister continuing to put forth the notion to Canadians, which I believe is completely erroneous and incorrect, that they will be just as safe without registering every long gun?

Criminal CodeGovernment Orders

June 19th, 2007 / 7:15 p.m.

Conservative

Stockwell Day Conservative Okanagan—Coquihalla, BC

Mr. Speaker, in the debate, even from the previous member who asked me a question related to quotations from various officers, I at no time suggested that he or anyone else was deliberately misleading people in this debate. He shared some quotes. I shared some others. Injecting this fact that anybody would deliberately try to mislead people when it comes to the use of firearms is detrimental to the debate.

I quoted the numbers, and I will quote them again. In 1998, at the time when this unfortunate journey began of trying the impossible task of registering millions upon millions of long guns, there were 51 deaths as a result of long guns. The year the long gun registry was to be put in place officially, that had dropped to 32, without the long gun registry. Then two years after the long gun registry was officially in place, from 2003 to 2005, deaths actually went up.

It would be specious of my to say the long gun registry caused those deaths. I do not think it did, but it certainly did not reduce crime. The way to reduce crime is taking valuable and precious resources, getting more money on the streets, getting more police officers on the streets going after gun smuggling and keeping youth out of gang activity. When that is put into place, we know one thing, that approach works. The Liberal attempt to register every long gun did not work.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:15 p.m.

Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I thank the hon. minister for bringing forth Bill C-21. In my last householder I did a survey on this to reassure myself that thoughts had not changed in the riding. It came back and overwhelmingly 95% still felt that the long gun registry had to be, if not revamped, scrapped altogether.

The Liberals reacted to a very terrible incident in bringing in the long gun registry. Some people said that they lied about the cost of it. Grossly underestimated is certainly a fact, so I will give them the benefit of the doubt on that. However, the fact that really bothers me was when a member across the way from the GTA said a few minutes ago that the Liberals supported toughening up the sentencing for gun crimes, but they voted very recently against that. It is pretty hard to say that is literally not telling the truth. What are the reasons for that? Could the minister comment on that?

Criminal CodeGovernment Orders

June 19th, 2007 / 7:15 p.m.

Conservative

Stockwell Day Conservative Okanagan—Coquihalla, BC

Mr. Speaker, I cannot comment on intent or why people see the truth in different ways, if I can be as diplomatic as possible.

The fact of the matter is our justice minister tabled a bill which would require that somebody who has committed multiple offences with firearms should go to jail and there should be a mandatory jail term. The simple fact of the matter is, and the record can be checked, the majority of Liberals voted against that.

We think someone who has committed multiple offences with firearms should be going to jail. The Liberals do not. That is just a matter of fact.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:15 p.m.

Liberal

Roy Cullen Liberal Etobicoke North, ON

Mr. Speaker, I think the introduction of this bill is a sad day for Canada.

We know why the Conservative government is introducing the bill. The Conservatives know it has no chance of being passed, but they are trying to deliver on a promise that they made, which is fair enough.

However, they know that the gun registry is supported by Canadians, maybe not in their political constituencies generally but by Canadians generally, who overwhelmingly support not only the handgun registry but the long gun registry, and I certainly do as well.

I listened with interest to the minister's comments. He quoted a member of a gang who said that the gun registry has not worked at all with respect to the acquisition of handguns. That might be true; I am not sure. However, by his own logic, then, he would be banning or dismembering the handgun registry, which does not make any sense at all.

We also know that the Canadian Association of Chiefs of Police, not a handful of police chiefs, voted on this particular matter and it supports the handgun registry and the long gun registry. The Canadian Professional Police Association, the association that represents the rank and file police officers across this country, voted and supports the gun registry.

So, for the minister to argue that there are one or two police officers across Canada who support this is nonsensical and absurd.

We have heard the figure of $1 billion to build the gun registry. It did cost a lot of money to build the gun registry. In fact, it cost too much to build the gun registry. That was as a result of a number of problems, organizational problems, policy influx problems, a whole host of systems development problems that emerged, which our Liberal government restructured and fixed, but at that point in time, the costs had been incurred.

However, I would remind members in this House, for those who have worked in the private sector, systems development budget overruns are not unique to the Government of Canada, believe me. In my experience in the private sector, I have seen many large systems development projects run way over budget. Does that justify it? Of course not.

However, there is another reality. There is a concept in economics and business called “sunk cost”. Sunk cost means if it cost that much, it may have cost more than it should have, but the money has been spent.

So now we are faced with a house, let us say, that costs more than it should have. Does that mean we burn it down? The question really at that point in time is: What is that house providing in terms of benefits and what is it costing?

The reality is that operating the gun registry today is costing in the vicinity of $15 million a year, which is a very manageable cost for the benefit that it delivers.

I come back to the issue that if 5,000 police officers and law enforcement officers access the gun registry daily, which is the case, they might do it through the window of CPIC but these are the actual hits on the gun registry itself.

I do not know how the members opposite, who have a respect for law enforcement officers, I think they do because they seem to present themselves that way, would ignore the support of the Canadian Association of Chiefs of Police and the Canadian Professional Police Association, and ignore the fact that 5,000 times a day law enforcement officers across this country access the gun registry, and that is a fact.

The other fact that I think the minister conveniently ignores, or in fact I think he misstated, perhaps he had not had the right information when he made his remarks, is that all forms of gun violence are down in Canada. While other types of murders have increased, murders with guns have declined, and I think that is partly the result of the gun registry. The mistake that is often made is to say that the gun registry is a panacea for crime, to deal with criminality.

Of course one cannot look at it that way. One has to look at the gun registry as a tool that is used by law enforcement officers. I am told it is very useful to them. I am told this on very good authority that it is very useful, especially for domestic violence calls when they want to know how many guns are registered in a home.

We all realize that police officers are not naïve people and if there are not guns registered they do not automatically assume that there may not be guns there. Unfortunately, there are some Canadians who have not registered their guns.

On that point it is only about 10%. We believe that 90% of Canadians have registered their guns, in contrast to the statistics that were quoted earlier. The police do know if the guns are registered and when they are going to a home where there is domestic violence they have to be very mindful of that. It is a useful tool for the police.

In fact, most countries in the world licence guns and register guns. Of course the government would be totally irresponsible if it eliminated gun licensing because that is something that is very valuable and results in guns being denied to many people who should not have guns.

Since the gun registry was put in place there have been approximately 16,000 firearms licences that have been refused or revoked.

Something else that the members opposite do not highlight or bring forward in a debate is that the Canadian firearms registry provides many affidavits that are used in the prosecution of firearms related crime. In fact, more than 5,000 of these affidavits have been used. This is a tool that is used by Crown prosecutors to convict people who are charged with gun related crimes.

For the member to say that people on this side do not support enforcement and conviction of criminals with firearms, this tells it right there. These affidavits are useful in convicting and putting people in jail.

The minister talked about how long guns are used. He used the expression that they were used by squirrel hunters and duck hunters. It sounds interesting, but the reality is that long guns are used in equal amounts in contrast to handguns for violent crimes.

In fact, if we look at the police officer deaths from firearms, I have a list and the number of police officer deaths from long guns is about the equivalent to the police officer deaths with handguns from 1996 to 2006. Long guns are used to commit murder and also by people to commit suicide.

The other aspect is to try to think of the long gun registry and the handgun registry as separate and distinct. I would like to read into the record from the Supreme Court of Canada. It said:

The registration provisions cannot be severed from the rest of the Act. The licensing provisions require everyone who possesses a gun to be licensed; the registration provisions require all guns to be registered. These portions of the Firearms Act are both tightly linked to Parliament's goal of promoting safety by reducing the misuse of any and all firearms. Both portions are integral and necessary to the operation of the scheme.

That has to do with the linkage especially between licensing and registration, the point that my colleague made earlier, that the two go hand in hand. There has to be both registration and licensing to make the system work and for it to be an effective tool for law enforcement.

We also know that if we look at the statistics and this was in 1995 I believe, the trend is very much the same. If we look at the percentage of firearms that are recovered at crime scenes, something in the vicinity of 47% are rifles and shotguns. Handguns comprise about 22%. So, to ignore long guns, we do at our peril.

These are rifles and shotguns. If these guns are not registered I shudder to think how the criminal world will adapt to that new reality and start sawing off more shotguns and using rifles indiscriminately to commit more crimes.

The part that I find particularly amazing is the fact that we have no difficulty licensing a car. In some areas we have no difficulty licensing pets. We do not have any problem with that but when it comes to registering a firearm, a lethal weapon, then some people get very upset and I am not quite sure why.

Gun ownership is a huge responsibility. It is a lethal weapon. We as Canadians have the right to know who owns the guns, who is licensed to own a gun, and are they responsible gun users.

There are crimes in the area that I represent, Etobicoke North. There is a sad history of gun related crime, drugs and gangs. Therefore, the argument often comes up that the guns that are used in those crimes, are all those guns registered? That is a fallacious argument. It does not have any merit whatsoever. It is like the equivalent of arguing that because we have police there should be no crime.

Of course we cannot eradicate criminality. We cannot eradicate gun related crime, but to deny police authorities a useful tool that they themselves are saying is a useful tool, and the capital costs have been managed away, at $15 million a year, if it saves one life it is worth keeping in place.

As I said earlier, the notion that the guns are not licensed or registered flies in the face of the data that everyone knows: some 90% of the owners are licensed and 90% of guns are registered.

I think we have to look at the gun registry as part of an overall scheme of dealing with criminality. In my riding of Etobicoke North we have taken advantage of the national crime prevention program to launch a number of crime prevention initiatives in Etobicoke North.

This program was introduced by our Liberal government. I am told that the program, like so many other programs that the Liberal government brought in, is being re-examined, repackaged, relabelled and rebranded. In fact, I am told the crime prevention program might be focused more on gun and gang related crime which frankly in my riding of Etobicoke North would not be a bad thing.

However, before we start changing the national crime prevention program, we should look at it very carefully because it has been quite useful in my riding, getting young people into activities other than drugs, gangs and violence. Has it eliminated drugs, gangs and violence in Etobicoke North? No, it has not, but to give up on effective tools like that, to give up on the gun registry, is a bogus argument and certainly something that I will not support. We know that most members of the House will not support the bill. It is sort of a masquerade going on in the House as the Conservative Party knows.

The idea is that we have to have a holistic approach. We have to look at crime prevention. We have to look at enforcement. We need more visible policing. In fact, I am very pleased that in Etobicoke North the police have taken action. They have used some of the tools that our Liberal government brought in, the anti-gang legislation, to arrest a whole range of people who are involved in drugs, gangs and violence.

It was our party, when we were in government, that introduced increases to mandatory minimums for gun related crimes. Notwithstanding what the minister said, and I know that he has tabled new legislation. This party will generally support any legislation that is reasonable. However, the reality is that young people do come out of prison, they have to be integrated back into society, and the idea that we can just lock them up and throw away the key just does not work.

We on this side support mandatory minimums and support increases in mandatory minimums for gun related crimes. In fact, that was the legislation that we tabled before the last election.

It was our party as well in the 2006 election that argued for a complete ban on handguns. The former prime minister, the member for LaSalle—Émard, came to my riding of Etobicoke North and we announced a complete ban on handguns which I think would have been useful.

Would it have solved the problem of gun related crime? How could anyone be so naïve, yet that is the argument we hear. It is the same argument, as I said, that there is no point in hiring police officers because there is still going to be crime. It is a totally bogus argument. I think that banning handguns would have been useful.

The minister said earlier that there is an effective ban on handguns today. Well, that is not the case because we know that many of the handguns that are used in crime in Toronto have been traced back to collectors.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:30 p.m.

An hon. member

That is false.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:30 p.m.

An hon. member

What a bunch of hooey.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:30 p.m.

The Acting Speaker Andrew Scheer

Order. If hon. members would like to ask the member for Etobicoke North a question or ask for clarification, they can do so when he has finished his speech, but for now we will let him continue with his remarks.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:35 p.m.

Liberal

Roy Cullen Liberal Etobicoke North, ON

Mr. Speaker, I am surprised that the members opposite do not know this, but Toronto Chief of Police Bill Blair pointed this out very directly a couple of years ago when the policy came across handguns that had been stolen from collectors. In fact, they would go into their homes, they would find out where the guns are collected. The gun collectors, I am sure, are properly motivated. They want to own and collect guns. They probably secure them very well. They are all registered; they are all licensed, but these people find out where the handguns are and they go in with trucks and dynamite and they rob them. These handguns are used in murders in the city of Toronto.

By banning handguns completely, unfortunately we would affect legitimate collectors, but I think it is needed because these handguns are getting into the hands of criminals through robberies.

The other part of it is that we all know that 50% of the handguns that are used in crimes in Toronto come from the United States. That is why our government set up quite an elaborate system with the integrated border enforcement teams that involve law enforcement officers in Canada and the United States. They work on cross-border issues. They try to identify firearms and drugs that might be coming into Canada at an early stage. They use intelligence based policing. Those initiatives are paying off.

To actually go ahead like the Conservative government is doing to arm the border guards at a cost of $1 billion is such a draconian waste of money. It does not even come close and pales in significance to the gun registry in the cost and misuse of taxpayers' money. We know from evidence that we heard that arming the guards at the border will not act as a deterrent. We heard this from the RCMP themselves.

If there is someone sitting in Chicago thinking of running guns or drugs up to Canada, do members think that person is actually going to sit in a little room and worry about the border guards being armed in Canada, that the person had better be careful? Come on. Let us be realistic. Of course it will not be a deterrent.

In addition, the president of the Canada Border Services Agency told us at committee, quite rightly, that the protocol will be for the border officers not to use their firearms. That is a very appropriate protocol because we do not want border guards shooting up people at our borders where there are people waiting in line and a lot of innocent people standing around.

This is a total waste of money. I know it is the American way of doing things and that is what has intrigued the government opposite to move in this direction, but it is a total waste of taxpayers' money. That money could be much better used to fight crime, to hire police officers, to build up our integrated border enforcement teams and to put more money into crime prevention programs. That is what the money should be used for.

Certainly I will not be supporting this bill. No one in the House, apart from the Conservatives, will be supporting this bill and for very good reason. The gun registry is a useful tool for police. They have told Canadians that time and again. Canadians support the gun registry. They support the handgun registry and they support the long gun registry. I will be voting against this bill.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:35 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, it is amazing that the member for Etobicoke North was able to stand through that entire spin. He must have been dizzy from spinning his message the way he did. It is unbelievable that he could stand in this House and make some of the accusations that he made.

There is no question that we are all concerned about the security of our citizens and that we want to have safe and wholesome communities, but the long gun registry has unfairly penalized rural Canadians. People from urban centres do not understand rural lifestyle. They do not understand that farmers and hunters use their firearms as tools. The Métis community in my riding is seriously disadvantaged in hunting for food because of the long gun registry.

I am a farmer and I can tell the House that it is important to have a firearm handy, properly stored of course and kept safely away from children. A firearm is needed in case of predators and in case an animal needs to be disposed of humanely. It is really unfortunate that people in urban centres do not understand that issue.

The member was throwing all sorts of numbers and figures around, but can he actually show me one incident where the firearms registry has actually prevented a crime? He talked about the gun registry. Handguns are a problem in Toronto. We understand that. We have had mandatory registration of handguns going back over 70 years. Why are handgun crimes still being committed in our urban centres?

Criminal CodeGovernment Orders

June 19th, 2007 / 7:40 p.m.

Liberal

Roy Cullen Liberal Etobicoke North, ON

Mr. Speaker, the member for Selkirk—Interlake misses the point completely.

The reality is that we would be naïve in the extreme to believe that because of a gun registry we would eliminate gun crime in Canada. That is what the member is proposing. That is absurd.

The reality is that police officers across Canada are telling us that it is an important tool. Who is the member for Selkirk—Interlake to say that he knows their work better than the police do? If they are accessing the gun registry 5,000 times a day, surely it is of some value to them.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:40 p.m.

Conservative

Rob Anders Conservative Calgary West, AB

Mr. Accountant.

Criminal CodeGovernment Orders

June 19th, 2007 / 7:40 p.m.

Liberal

Roy Cullen Liberal Etobicoke North, ON

Is the member saying that police officers sit around at Tim Hortons and key in to the gun registry just for fun?