An Act to amend the Criminal Code and the Firearms Act (repeal of long-gun registry)

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Candice Bergen  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Dead, as of Sept. 22, 2010
(This bill did not become law.)

Summary

This is from the published 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-19 (41st Parliament, 1st session) Law Ending the Long-gun Registry Act
C-391 (40th Parliament, 2nd session) An Act to amend the Criminal Code and the Firearms Act (repeal of long-gun registry)
S-5 (40th Parliament, 2nd session) An Act to amend the Criminal Code and another 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-391s:

C-391 (2024) Safe Hospitals Act
C-391 (2018) Indigenous Human Remains and Cultural Property Repatriation Act
C-391 (2013) An Act to amend the Currency Act and the Royal Canadian Mint Act (calling in of the cent)
C-391 (2012) An Act to amend the Currency Act and the Royal Canadian Mint Act (calling in of the cent)
C-391 (2007) An Act to change the name of the electoral district of Toronto — Danforth

Votes

Sept. 22, 2010 Passed That the Second Report of the Standing Committee on Public Safety and National Security (recommendation not to proceed further with Bill C-391, An Act to amend the Criminal Code and the Firearms Act (repeal of long-gun registry)), presented on Wednesday, June 9, 2010, be concurred in.

Firearms RegistryOral Questions

May 28th, 2010 / 11:55 a.m.


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Conservative

Scott Reid Conservative Lanark—Frontenac—Lennox and Addington, ON

Mr. Speaker, the public safety committee heard yesterday from a front line policeman who stated that the long gun registry “represents the largest and most contentious single waste of taxpayers' dollars and that it can do nothing to prevent criminals from obtaining firearms”. Our Conservative government continues to stand with rural Canadians and against the unfair targeting of law-abiding gun owners.

Would the parliamentary secretary please tell the House why NDP and Liberal MPs should listen to their constituents rather than their party whips before voting on Bill C-391?

Firearms RegistryOral Questions

May 27th, 2010 / 2:45 p.m.


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Provencher Manitoba

Conservative

Vic Toews ConservativeMinister of Public Safety

Mr. Speaker, I wish the member would stop misleading the public.

Let me be clear. While we support licensing of individuals, we do not support the long gun registry. It is wasteful, and it is time to end the criminalization of our hunters and outdoor enthusiasts once and for all.

A police chief recently called the long gun registry a placebo and said that it creates a false sense of security.

We hope that members of the Liberal Party and the New Democrats who voted for Bill C-391 vote again to end the wasteful registry.

Firearms RegistryOral Questions

May 27th, 2010 / 2:45 p.m.


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Provencher Manitoba

Conservative

Vic Toews ConservativeMinister of Public Safety

Mr. Speaker, yesterday at committee we heard from front-line police officers with real experience. Officer Dave Shipman said that the long gun registry is not working to prevent gun crime. Criminals do not register their stolen or smuggled guns that are being used to wage war in our cities.

I think this indicates that there is a failure of that long gun registry. Front-line officers are saying that.

I would encourage those who voted for Bill C-391 to vote that way at third reading.

Firearms RegistryOral Questions

May 26th, 2010 / 3 p.m.


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Provencher Manitoba

Conservative

Vic Toews ConservativeMinister of Public Safety

Mr. Speaker, I thank the member for his work. The Liberal leader continues to ignore the facts and, more important, ignore the voices of rural Canadians. Why will he not let his members consider what the ministers from Alberta, Saskatchewan, Manitoba and the Yukon have to say? All have come out in favour of scrapping the ineffective, wasteful long gun registry.

I remind all members who in fact voted for Bill C-391 at second reading, especially the member for Yukon, that the choice is simple. Either they vote to keep the registry or they vote to scrap it. What will it be?

Firearms RegistryOral Questions

May 26th, 2010 / 2:55 p.m.


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Provencher Manitoba

Conservative

Vic Toews ConservativeMinister of Public Safety

Mr. Speaker, if that member were so sure of his party's position, his leader would allow a free vote on Bill C-391.

We know their members do not support the gun registry. Members of the New Democratic Party do not support the long gun registry. Certainly this party does not support the long gun registry.

Front-line officers, like Dave Shipman, said:

The long-gun registry is not working to prevent gun crime...Criminals...do not register their stolen or smuggled guns that are being used to wage war in our cities.

Firearms RegistryPetitionsRoutine Proceedings

May 25th, 2010 / 10:50 a.m.


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Conservative

Scott Armstrong Conservative Cumberland—Colchester—Musquodoboit Valley, NS

Mr. Speaker, I take great pleasure today, May 25, 2010, to present a petition on behalf of the people of Cumberland—Colchester—Musquodoboit Valley.

The petition requests Parliament to support Bill C-391, a bill that would eliminate the long gun registry. The petition contains over 3,000 signatures.

Criminal Records Act ReviewPrivate Members' Business

May 14th, 2010 / 1:35 p.m.


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Liberal

Andrew Kania Liberal Brampton West, ON

Mr. Speaker, in terms of my friend's speech, she essentially focused on Bill C-23 but we are here today with respect to her Motion No. 514. I also will speak to Bill C-23 but I will read her motion first. It reads:

That the Standing Committee on Public Safety and National Security be instructed to undertake a review of the Criminal Records Act and report to the House within three months on how it could be strengthened to ensure that the National Parole Board puts the public's safety first in all its decisions.

There is one thing I do not think my friend mentioned, but I actually did speak with her beforehand and she was agreeable that the three months should be three months of sitting days. I just wanted to clarify that that is what we are discussing, not just any three months.

In terms of the motion, I support it.

I am on the public safety and national security committee, and the reason I wanted to clarify that it should be three months of sitting days is because there is just no way we could do it otherwise. Right now we are involved with a discussion of Bill C-391 on the gun registry, and we have far too many witnesses that we are going through, various victims' rights groups, police officers and mental health persons, all of whom want to come and testify to try to keep the gun registry. So there is just no way that we could do that in the short period of time that we have.

The motion is a good motion but it needs to be compared and contrasted to the reaction of the Prime Minister and the Minister of Public Safety once the Graham James story came out. When this story came out, there was an immediate reactive decision to overhaul the Criminal Records Act because of the story. My problem with the immediate reaction that they had was that there was no thorough and thoughtful suggestion or review of the pardon system whatsoever. It was just an immediate reaction to this news story.

I actually compliment my friend for putting something forward that is more thoughtful and thorough in terms of what she would like to see accomplished. I compliment her for standing up to what has occurred in her own party, because by her motion, she is actually recognizing that we need a full and proper discussion, not simply an immediate statute because of a news story.

In terms of the Bill C-23, it is important to remember that this issue was raised first in 2006 by the Conservative government because there was another news story with respect to convicted sex offender, Clark Noble. At that time, the public safety minister indicated that the government would review the need for possible changes to the pardon system because of the 2006 news story. Why were the changes that it is currently proposing not made or introduced back in 2006 in response to the first news story? If the changes had been made at that time properly, we would not be facing this exact situation with the new news story with respect to Graham James.

When my friend speaks of the law and order agenda and how the Conservatives are trying to solve a problem, to be honest about this, there must be recognition that this problem was already recognized in 2006 and ignored by the Conservative government. I applaud my friend for trying to fix the problem now that was ignored back in 2006.

In terms of Bill C-23, any pardon system must operate in the best interests of public safety, 100%, but that also means we have to figure out what that is, and that means having a proper study. I personally welcome the opportunity at the public safety committee to do that.

My friend went through what Bill C-23 seeks to accomplish in terms of changes. I will not repeat it but I will reiterate that based on all of these suggested changes, if they were so urgent and so important, why did we not hear about any of these in 2006 when this first review took place after the other news story? It was ignored. Who is at fault for this?

I want to point out some things in an article by Dan Gardner of the Ottawa Citizen.

What happened in 2006 was that the minister of public safety at the time studied the process, the policy and the facts and concluded that changes were warranted. For example, two Parole Board members, not one, would be involved in applications and, rather than relying on local police to bring forward information related to the applicant's conduct, the Parole Board would be required to get information the local police may have.

However, on the fundamental question, which is key for the Graham James news story that has now come out: Should sex offenders continue to be eligible for pardons?, the then minister of public safety considered the question and gave an affirmative answer. Why?

The current proposal in Bill C-23 suggests that sex offenders who have harmed children would not be eligible. I am in favour of that. I have actually spoken out many times against the Conservatives' law and order agenda saying that it was not tough enough. A lot of it is window dressing, in my respectful view. When the bill says that it would exclude sex offenders who have harmed children, I wonder why it is only children. What about all the other victims who have been hurt by sex offenders? Why is the government again ignoring all of those other victims?

When the Conservatives talk about a law and order agenda and about protecting victims, how are they doing it? They did not fix it in 2006 when they did study it and made some changes. Now all they are proposing deals with a sex offender who has harmed a child. What about all the other victims?

In order to come to a logical, reasoned analysis of what the best overall system is, because I do not want to prejudge it, there should be a proper study. That means experts, various persons interested in coming forward and victims groups appearing before the committee. I welcome that. The motion is good for that very reason. We need to have a thoughtful analysis so the Conservatives do not make another mistake like they made in 2006 when they made some changes but ignored some of the things that really mattered.

In terms of the 2006 story, there is an October 21, 2006 article by Timothy Appleby and Peter Cheney, called “[The Minister of Public Safety] calls for review after sex offender obtains pardon”, and it goes through this. The Conservatives did this the first time in 2006 but they did not get it right.

What happened because they did not get it right in 2006? I will describe exactly what happened because Canadians need to know. An article in the Globe and Mail by Daniel Leblanc dealing with criminal records states:

Nearly all the sex offenders who apply for pardons in Canada successfully wipe out their criminal records from public view, despite the Conservative government’s promise four years ago to make the system tougher.

Over the last two years, 1,554 sex offenders applied for a pardon with the National Parole Board; only 41 of them were rejected, leaving 1,513 without a trace of a criminal record, unless they apply to work with children or vulnerable individuals.

Because the government ignored this in 2006, 1,513 convicted sex offenders since that time have received these pardons. That was an intentional decision by the government.

I want to be fair. I want to quote somebody with respect to victims. Victims essentially say that Bill C-23 was a knee-jerk reaction. I would rather not see a knee-jerk reaction but rather a considered, thoughtful debate and evidence given before the public safety and national security committee. I intend to be strong on this but I also want to be reasoned and thoughtful with proper submissions.

I thank my friend across the way for having the courage to recognize that a problem has existed since 2006 when it was not fixed and for trying to fix it now.

Firearms RegistryStatements By Members

May 13th, 2010 / 2:15 p.m.


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Liberal

Navdeep Bains Liberal Mississauga—Brampton South, ON

Mr. Speaker, on September 13, 2006, a man carrying a pump-action shotgun opened fire at Dawson College in Montreal. One person was killed and 19 were wounded.

A delegation from Dawson College is on the Hill today to join with police officers to support the life-saving gun registry. Why is the member for Mississauga—Erindale ignoring these voices of reason?

On that fateful day, police officers checked the gun registry in order to successfully identify the Dawson College shooter. They say it is a vital tool to protect our families and communities. Police officers support the life-saving gun registry and so do the people of Mississauga.

The member for Mississauga—Erindale should break his party's muzzle, stop the American-style scare tactics from the NRA and stand up for his constituents, stand up with police officers and vote no on Bill C-391.

JusticeStatements By Members

May 13th, 2010 / 2:05 p.m.


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Conservative

Phil McColeman Conservative Brant, ON

Mr. Speaker, since being elected to office, our Conservative government has consistently taken action to ensure that our justice system is strong and that victims' rights are protected.

On Tuesday, legislation was tabled in this House to ensure that sexual offenders against children do not receive pardons. This legislation is a step in the right direction. Canadians and victims' advocates agree.

It is too bad the Liberals and the member for Ajax—Pickering are not listening. Is he going to play his political games of delay in committee, as he has done with Bill C-391? Why will he not support speedy passage of this important bill?

There is overwhelming support for our legislation among Canadians and victims' advocates.

We call on the member for Ajax—Pickering, and all Liberals, to support the speedy passage at all stages of this urgently needed legislation.

Firearms RegistryPetitionsRoutine Proceedings

May 10th, 2010 / 3:10 p.m.


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Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, in the next petition, the petitioners call upon the House of Commons and Parliament to support Bill C-391, An Act to amend the Criminal Code and the Firearms Act (repeal of long-gun registry).

Firearms RegistryOral Questions

May 10th, 2010 / 2:55 p.m.


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Oxford Ontario

Conservative

Dave MacKenzie ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, last week at committee we heard front-line police officers with real experience, not photo-shopped Liberal spin.

This ad from the Liberal Party seeks to mislead Canadians into forgetting that many front-line police officers oppose the wasteful, inefficient Liberal gun registry.

Front-line officers, like Dave Shipman, said:

The long-gun registry is not working to prevent gun crime.... Criminals... do not register their stolen or smuggled guns that are being used to wage war in our cities.

This is the latest desperate attempt by the Liberals to save their failed registry. We hope that all Liberals come to their senses and vote in favour of Bill C-391.

Firearms RegistryOral Questions

May 10th, 2010 / 2:55 p.m.


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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, in a shocking display of ignorance of the Ontario Police Services Act, the Liberal leader and his team broke the law.

They used a photograph of an American police officer and falsely inserted the insignia of the Ottawa police force onto the shoulder to make it look like Ottawa police officers are behind his attempt to force Liberal MPs to support the wasteful and ineffective long gun registry.

Will the parliamentary secretary tell the House how Bill C-391 would stop hunters, farmers and ranchers from being criminalized by the wasteful and ineffective long gun registry?

Firearms RegistryStatements By Members

May 6th, 2010 / 2:10 p.m.


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Conservative

Bruce Stanton Conservative Simcoe North, ON

Mr. Speaker, last November 12 NDP members of Parliament stood in the House, did the right thing, and voted to scrap the wasteful and ineffective long gun registry at second reading. However, they have another important decision to make.

Bill C-391 is now in front of the public safety committee. I am sure the constituents of those 12 New Democrat MPs would be interested to know that their leader and the NDP justice critic joined the Liberals and the Bloc in trying to force the committee to accept the witness list that was 85% in favour of keeping the registry. Thank goodness they did not get away with it.

We have a message for the NDP: no shifting or sliding when it comes to the committee, no shifting or sliding on scrapping the long gun registry.

The constituents of those 12 New Democrats know that they either vote to keep the long gun registry or vote to scrap it. It is just that simple.

Firearms RegistryStatements By Members

May 6th, 2010 / 2:05 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, why is the member for Ottawa West—Nepean ignoring our police officers? They support the life-saving gun registry, a vital tool to keep our families and our communities safe. So do the police chiefs, police boards, and the survivors of the École Polytechnique massacre.

Why is the member for Ottawa West—Nepean not listening? The registry is used more than 11,000 times every day and it costs less than the Conservatives' wasteful government advertising. It is strange to see the member for Ottawa West—Nepean being muzzled, but his constituents deserve better.

He should speak up for them and work with us to make the life-saving gun registry work for all Canadians. Vote for gun control, vote for community safety, and vote no on Bill C-391.

Firearms RegistryOral Questions

May 5th, 2010 / 3 p.m.


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Conservative

Phil McColeman Conservative Brant, ON

Mr. Speaker, yesterday the member for Ajax—Pickering bullied his way to ensuring that the sponsor of Bill C-391 could speak for only 10 minutes in committee.

First the Liberal leader whipped the vote and then his members tried to block witnesses at the committee. Now they treat an elected MP with contempt.

Why does the member for Ajax—Pickering not want the sponsor to speak to her bill? Is he afraid of the facts or the debate?

Could the Parliamentary Secretary to the Minister of Public Safety update the House on this important issue?