Ending the Long-gun Registry Act

An Act to amend the Criminal Code and the Firearms Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Vic Toews  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Criminal Code and the Firearms Act to remove the requirement to register firearms that are neither prohibited nor restricted. It also provides for the destruction of existing records, held in the Canadian Firearms Registry and under the control of chief firearms officers, that relate to the registration of such firearms.

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.

Votes

Feb. 15, 2012 Passed That the Bill be now read a third time and do pass.
Feb. 7, 2012 Passed That Bill C-19, An Act to amend the Criminal Code and the Firearms Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 29.
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 28.
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 24.
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 23.
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 19.
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 11.
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 4.
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 3.
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 2.
Feb. 7, 2012 Failed That Bill C-19 be amended by deleting Clause 1.
Feb. 7, 2012 Passed That, in relation to Bill C-19, An Act to amend the Criminal Code and the Firearms Act, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and two sitting days shall be allotted to the consideration at third reading stage of the said Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the second day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Nov. 1, 2011 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.
Nov. 1, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-19, An Act to amend the Criminal Code and the Firearms Act, because it: ( a) destroys existing data that is of public safety value for provinces that wish to establish their own system of long-gun registration, which may lead to significant and entirely unnecessary expenditure of public funds; (b) fails to respond to the specific request from the Canadian Association of Chiefs of Police for use of existing data in the interest of public safety; and (c) fails to strike a balance between the legitimate concerns of rural and Aboriginal Canadians and the need for police to have appropriate tools to enhance public safety”.
Oct. 27, 2011 Passed That, in relation to Bill C-19, An Act to amend the Criminal Code and the Firearms Act, not more than three further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the third day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 11:55 a.m.


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NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, I would like to ask the hon. member opposite a question. Many people are concerned about maintaining the gun registry. For example, last week, Quebec's National Assembly—which represents the province as a whole—voted in favour of a motion stating that if the registry were abolished at the federal level, the province would create a new one. The province feels the registry is so important that it would like to create a provincial one. The people of Quebec will have to pay twice for the same registry because they want to use and keep this information so that police officers can use it for public safety reasons.

How can the government justify the fact that Quebec will have to create a second registry if this bill is passed?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 11:55 a.m.


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Conservative

Peter Penashue Conservative Labrador, NL

Madam Speaker, it is fair and fitting to make the point that the process that has been abolished at this point is a definite commitment to Canadians who voted for change. Our government has no intention of transferring the information that it has in its offices to the provinces, nor will it make available that same information to be used by future governments to be re-enacted or brought back in the future.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 11:55 a.m.


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Delta—Richmond East B.C.

Conservative

Kerry-Lynne Findlay ConservativeParliamentary Secretary to the Minister of Justice

Madam Speaker, I am honoured to rise today to debate Bill C-19, the ending the long gun registry bill.

Many of my hon. colleagues on both sides of the House have spoken on this topic. I am glad there has been such robust debate happening over this important issue. In fact, we know this is a topic that evokes strong emotions in the hearts and minds of Canadians from coast to coast to coast. For my part, it was certainly an issue that I heard a great deal about as I went door to door during the most recent election campaign. I am very glad, therefore, to have the opportunity to speak about it today. This is a very important issue in my riding in British Columbia, where many farmers and hunters live.

As members know, Canadians gave our government a strong mandate to deliver on our law and order agenda. We have been clear that we will pursue tough on crime measures that work and that protect law-abiding Canadian families.

We were also clear, completely clear, about our government's position on ending the failed long gun registry. For many years now, we have said that we disagree with it on principle, that it is wasteful and ineffective, and that there is no evidence that it prevents crime or protects front-line police officers.

Bill C-19, the ending the long gun registry bill, is the manifestation of an ongoing promise on which, as Conservatives, we have been working to deliver for many years now. We have been working to end the registry because it simply is not working. For example, the registry is quite incomplete and the information is inaccurate. We have heard from many front-line police officers who are simply not confident in this information. This means that as a tool, it could do more harm than good.

In addition to being incomplete and inaccurate, we do not have any statistical evidence that the long gun registry has made a difference to crime rates. We hear from some hon. members that there is a decline in the crime rate as a result of the long gun registry. In fact, when we look at the numbers, the long-term trend in firearm-related homicide has nothing to do with the long gun registry. In fact, it has been in steady decline since the 1970s.

In addition, the overall rate of firearm-related violent crime was driven primarily by the use of handguns. Long guns do not factor heavily into crimes. In the instances where they do, there is absolutely no evidence that the registration of a long gun as part of the registry program has any impact on combatting crime.

In terms of how police officers use the data, for too long, all Canadians were led to believe that the long gun registry would help make us safer. We were told that it is a tool our police depend upon. This is simply not accurate. For example, we have heard numbers quoted that police use the long gun registry up to 11,000 times a day. The reality is that when a police officer accesses the Canadian Police Information Centre, or CPIC, for any reason, including a simple address check, an automatic hit to the registry is generated. This hit will always be generated whether the information from it is desired or not.

In addition, the long gun registry does not enhance public safety because it does not put the focus on stopping real crime. The emphasis is not placed on stopping criminals from using firearms to commit crimes. In fact, the emphasis is placed on ensuring we have a list of law-abiding long gun owners. This does not prevent criminals from obtaining firearms.

In Canada a person should not be deemed a criminal if he or she owns a long gun. Bill C-19 would end this unfortunate episode of penalizing law-abiding hunters and farmers, such as those I have come to know in my riding, and would help us continue our government's focus on action that would actually help to prevent crime.

On that note, let me take a moment to review what Bill C-19 would actually do, as we have seen a lot of hysteria from the members of the opposition which does not accurately reflect what this legislation would accomplish.

First, the ending the long gun registry bill would do just what it says it would do. It would end the failed long gun registry.

In ending the registry, the bill would also make provisions for the destruction of the records that were collected as part of the long gun registry. That means the names and information collected from law-abiding long gun owners would not be shared, stored or sealed. The information would be destroyed and would not be held in the event that a new registry or a renewed registry could be created at any time, either soon or years down the road.

We have certainly heard a great deal from the opposition on this issue. Hon. members want to know why we will not share this information with the provinces. As the Minister of Public Safety quite rightly pointed out, we made a commitment to Canadians that we would scrap the long gun registry. This means that in destroying the registry, we would destroy the data as well. Ending the registry but then sharing the data would be akin to selling the farm but keeping the land. We will fulfill the promise that we made and that includes doing the right thing and ensuring that no other government could use the information to resurrect the failed long gun registry.

I also want to note, as several of my hon. colleagues on this side of the House have noted as well, that Bill C-19 would not alter existing registration rules for restricted and prohibited firearms. The same rules and regulations would apply concerning handguns, semi-automatic or any other currently restricted and prohibited firearms. The application for ownership of these types of firearms is much more vigorous, even more so for those which are prohibited. Police would still have access to all of this information to ensure they know who owns a handgun or a semi-automatic firearm, as well as where they live. Police would still have access to the licensing data of any type of firearm should this bill pass.

However, Bill C-19 would finally put an end to an expensive bureaucracy that criminalizes the honest, that does nothing to deter those who commit gun crime, and that simply does not do what it was supposed to do.

I have heard from countless Canadians especially in my riding of Delta—Richmond East that the long gun registry is simply not worth it. It has always been the focus of this government to take concrete action for the safety of Canadians. That is always uppermost in our minds. We have a proven record of delivering measures that not only crack down on criminals but also protect victims and give law enforcement the tools it needs to get its very important job done.

From our Tackling Violent Crime Act in 2006, which created longer mandatory minimum sentences for gun crimes and drive-by shootings, to delivering initiatives that help prevent crime before it happens, such as the youth gang prevention fund, this government is serious about tackling gun crime the right way.

A government's job is to enact policy that works. As we stand here today, for far too long it has been clear that the long gun registry does not work. It is time to end this registry once and for all.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:05 p.m.


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NDP

Claude Patry NDP Jonquière—Alma, QC

Mr. Speaker, if I understood correctly, if someone buys or is in possession of a restricted weapon, a collector's gun, a semi-automatic weapon, etc., a licence is required. But if someone wants to buy a shotgun or a long gun, a hunting rifle, no licence is required. Is that correct? Have I understood correctly?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:05 p.m.


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Conservative

Kerry-Lynne Findlay Conservative Delta—Richmond East, BC

Mr. Speaker, no, that is not correct. There are still licensing provisions. We are not tampering with those. What we are changing and what we are committed to doing is to end the long gun registry and the data associated with it.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:05 p.m.


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Conservative

Garry Breitkreuz Conservative Yorkton—Melville, SK

Mr. Speaker, I just need to make a comment on the last question from the other side. A common mistake that people make is they confuse licensing with the registry.

I want to point out that 92% of front-line officers had no use for the gun registry. That is from a survey which was done only a couple of years ago. I often hear people on the other side say that the police support this. That is not true.

My main comment is in regard to the quotation from the other side that somehow all these people who represent victim groups support the registry. In conversation with them, they do not understand that the registry is simply a piece of paper lying beside a gun. It has no connection to preventing crime from occurring.

I ask the member, if we had used that billion dollars or the tens of millions of dollars that are now being spent on the registry to target the root causes of crime and violence in our society, would that be a better and more effective use of our resources?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:05 p.m.


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Conservative

Kerry-Lynne Findlay Conservative Delta—Richmond East, BC

Mr. Speaker, our approach to crime in Canada has always been holistic. We do look at crime prevention in all aspects. As I mentioned in my speech, we have a youth crime prevention fund and other initiatives.

There are many areas in which this money could have been put to better use to deal with victims of crime, to help those who perhaps at an early age get involved in crime and to prevent them from becoming more serious criminals. There are so many ways this money could have been better spent.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:05 p.m.


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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, I have a question for the hon. member.

Past government bills regarding the elimination of the gun registry required owners who wished to sell their guns or give them away to ensure that the new owner actually held a hunting or owner's licence. But this bill does not contain a similar measure.

How can the government be sure that weapons will be transferred solely to people who possess a valid licence?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:05 p.m.


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Conservative

Kerry-Lynne Findlay Conservative Delta—Richmond East, BC

Mr. Speaker, I am not entirely sure I understood my colleague's question. What I can say is that we made a commitment, our commitment was clear, and we are following through on that commitment.

In terms of being sure as to what weapons may be part of this, there is not going to be a registry, and whether a gun was part of that will no longer be relevant. The licensing portions are still in place. There are still checks and balances. This is very targeted legislation, thoroughly thought out. It will go a long way toward decriminalizing law-abiding Canadians and making sure we go after those who hurt law-abiding Canadians.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:10 p.m.


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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, as with other rural MPs, there has been a lot of pressure on me to support abolition of the gun registry. Since 2004, however, I have supported the registry. It has been a divisive issue in communities, but nevertheless, I have been able to win three elections because I believe the majority of my constituents support retention of the registry.

People contact my office and want to hear my position. I will quote a bit from some of the letters I send out. I say in one letter that my position is basically this, “If there is some evidence that the registry helps police in their work, if there is some evidence, then it would be wrong to scrap it. I am personally prepared, for example, to keep my rifles registered if this in any way keeps our country safe”.

The other thing that I have been saying is that I understand that the powerful American National Rifle Association would like us to scrap all existing gun laws. I find this unacceptable.

Interestingly enough, according to the RCMP's Canadian firearms program, long guns are the most common type of firearms used in spousal homicide. There is some evidence that gun registration may be working. Between 1991 and 2007, the murder rate of women by firearms dropped by 67%, while the total murder rate by rifles and shotguns declined by 76%. Total firearms death in Canada decreased by 57%.

Of course there are those who would say that these statistics do not mean anything, that they are irrelevant, but I will come back to my main point. If there is some evidence that it works, why scrap it? Why not try to modify the registry and ensure that it is acceptable to all Canadians?

The other thing I would like to mention is that there is a train of thought circulating on the Internet and among some associations that somehow this registry is an affront to our liberty, that we have the right to have arms and we should not have to register them because if they are registered, then a fascist government could somehow get into power and seize all our weapons. It cites the example of Nazi Germany and all of that kind of stuff. Actually, I was going to ask my colleague who spoke before me if she subscribed to that philosophy, which I believe is pure rubbish.

My personal experience with the process of obtaining and renewing a PAL, as we call it, as well as with registering my rifles, has been very smooth. Both before and since being elected, and over the four years and more since I first took office, I have listened to different people and groups within the riding. There are conflicting views, but I have made a decision that, once again, if there is some evidence that it works, why do we not just retain it.

I have a press release in The Globe and Mail of May 6, 2010, and I would like to quote Mr. Charles Momy, president of the Canadian Police Association. In the article he says that he wants to make it clear that his members stand shoulder to shoulder with their chiefs on the issue. Two weeks after Conservative MPs derided the police leadership as a cult that pretended the long gun registry saved lives. Mr. Momy said:

—front-line cops disagree with their chiefs on a number of issues, but while they support the Conservative government’s law-and-order policies, the gun-registry is a different matter. We’re going there together to show a united front....We want to make it clear to Canadians and politicians and everyone else that we are not divided among the various groups

According to Mr. Momy, police can use the gun registry to help solve gun crimes, prevent suicide and find out about potential dangers when they enter a house or approach a suspect. He said, “the Conservative government’s approach is like taking away a police officer’s sidearm or baton because he or she hasn’t had to use them”.

Once again, if a number of people on the front line are saying it works, and some say it does not, why get rid of it? Why risk the chance of putting the lives of our police officers in danger or endanger other Canadians?

The RCMP defends the registry. For example, the RCMP officer in charge of the National Gun Registry, and this is from the Winnipeg Free Press, on May 5, 2010, said, “it is a misconception that only people who do not register guns ever use them for deadly purposes”.

RCMP chief superintendent and former director general of the Canadian firearms program, Marty Cheliak, said, “No legislation or regulation will ever prevent all crimes”. He went on to say, “However the...program does serve a very real purpose and contributes to police officer safety and the safety of all Canadians”. According to Cheliak, “40 per cent of the guns police traced back to an owner in 2009 were registered, non-restricted long guns—or 1,600 of the 4,000 recovered that year. Those guns would no longer need to be registered” if the current bill were passed.

I want to make a slight diversion here to touch on the whole crime policy in general that the government is presenting. I would like to quote from the Red Deer Advocate, a publication in Alberta, which as we know is no hotbed of socialist left-wing thought. In its editorial it says:

It’s been said that if you’re in the United States and have an urge to commit a crime, steer clear of Texas, which is reputed to be America’s toughest crimefighting state. But apparently that’s not really the case. Texas has seen the light. By spending more money on rehabilitative programs—not more jails and tougher laws—the state has helped turn offenders into constructive citizens. Costs to taxpayers have fallen and so has the crime rate.

To that end, Texas officials took the unusual step earlier this week of warning [our] Prime Minister...that...Bill C-10 to get tough on criminals will fail. And a coalition of experts in Washington, D.C., said tougher laws are counterproductive. Costs will skyrocket, there’s little hope for rehabilitation and the streets won’t be safer.

The article goes on to say:

The Tories want more prisons, longer jail terms, mandatory minimum sentences and the power to tell judges how to do their job. A justice system that strives to be fair and flexible could be seriously eroded.

I want to highlight the fallacies of the whole crime agenda that the government is forcing upon Canadians. To make an analogy with the gun registry, in Canada we have a system of justice that works. Our crime rate has been going down. It is much safer to live in Vancouver than in Detroit or any other major American city and yet we want to take more people and put them into prisons.

We have a gun registry that cost many billions of dollars, but now runs at around $4 million a year. Even if we do not register long guns, the cost will still be the same because of other arms that have to be registered. Therefore, a system that is basically in place, instead of tweaking it or calling for the decriminalization of this, as we are calling for as a party, we need to abolish it, not only abolish it, but the government is saying to destroy all records so that other provinces such as the province of Quebec, even if it chooses to do so because it is the will of the people, cannot use the gun registry. This does not make any sense.

As the Canadian Association of Police Boards says:

It may be that the Firearms Registry is not perfect. If so, let us improve, not dismantle it.

It may be that there are people in your community who have legitimate concerns about certain aspects of the Fegistry. If so, let us work together to address those legitimate concerns.

That is what my party has been saying ever since these bills were introduced, including the private member's bill during the last Parliament. It may be that there is need for better public awareness in parts of Canada, including other constituencies. If so, let us work together to create that awareness instead of dividing our country as the Prime Minister and the government have done on this question. Let us not be complicit in doing one thing, and that is destroy a basically good safeguard that works in the public interest.

There are some myths that the firearms registry is a financial boondoggle and costs billions to run. In 2009 it cost $4.1 million to operate the long gun registry.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:20 p.m.


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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, a registered long gun can be legally in the possession of a different individual at a different location so long as the other person possesses a POL or a PAL, just like a car can be loaned to someone else so long as that person possesses a licence.

How can the member opposite say that law enforcement officers are assisted by the long gun registry in knowing where firearms are stored when this is not even a requirement of the long gun registry?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:20 p.m.


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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, my hon. colleague mentioned cars. A stolen car can often be used to kill somebody, and that does happen.

I am not the one who is saying this. The people on the front lines are saying that it is possible that the gun registry helps them in their job. If that small possibility exists, why throw it out? Why not improve it? Why not modify it? Why not make it workable for everybody instead of doing what the government is doing? The government is throwing everything out. When we look at the consequences in 10 or 20 years, we might think we should have kept the registry.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:20 p.m.


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NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, yesterday in the House we discussed cancer-causing asbestos and the only members who seemed to believe that asbestos did not cause cancer were Conservative members. Today we are discussing the registry and it seems like the only people who think the gun registry is useless, that it costs billions of dollars, that the police do not agree with it, are Conservative members.

Could the hon. member tell me where the Conservative ideology comes from? Why are the Conservatives so hypocritical about the gun registry and asbestos?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:20 p.m.


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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I really do not know how decisions are made by members across the aisle. It does not make any sense to take asbestos out of our buildings to make our country safer, yet continue to export it to other countries. It is almost as if we do not care about people in other parts of the world, so we get an apology that somehow it is fine.

When representatives of our law enforcement officers are saying that the registry should be modified instead of being done away with, it does not make sense that the government continues with this ideological move. When people in the legal profession are questioning the government's whole crime agenda, from lawyers and people in the United States, who are saying it is not working, it does not make any sense that the government continues to do this.

I have absolutely no idea as to why the Conservatives have this ideological train of thought.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 12:20 p.m.


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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, since my hon. colleague likes to quote former president of the CPA Charles Momy, here is what the Canadian Police Association is saying:

[The Minister of Public Safety] consulted regularly with our Association and our members to ensure that any changes would have minimal impact on public safety.

We look forward to continuing to work with the Minister to find effective tools and resources to keep guns off our streets, and out of the hands of criminals.

Does the member agree with the CPA's position now since he is so inclined to quote the previous president?