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. The Library of Parliament often publishes better independent summaries.

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 / 4 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, my understanding of the debate over the gun registry has been that there has been very little attention paid to the facts on all sides in this debate. I have tried to take a rational, reasonable approach to important legislation. I have followed consistently what I have said over the years, and that is hunting implements should be part of property law. They should be enforced by the provinces, territories and aboriginal governments. They are hunting instruments. They are part of our culture. That would be a more appropriate place to have them registered, like cars, like dogs, as has been pointed out.

I am okay with the law coming out, but I am not okay with small-minded thinking that will destroy data that is useful to provinces that want to establish their own registries.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, in relation to the destruction of data, has the member for Western Arctic seen the position of the Association of Canadian Archivists, which is raising issues about a significant public policy change in relation to documents?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I will take that question under advisement. Any time data and records are destroyed with no purpose other than to sort of cast it off in a way that is emotional rather than rational, then I am against it.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4 p.m.
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Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, I am pleased to have the opportunity to speak to our Conservative government's bill to scrap the long gun registry. Over the course of the debate, we have heard from many hon. colleagues on both sides of the House. I am glad to add my voice and the voices of constituents to this important debate today on Bill C-19, ending the long-gun registry act.

I consider Palliser, which I have the great privilege to represent, a very special riding. It includes Moose Jaw, parts of Regina, as well as 11 rural municipalities. This law targets residents of my riding who are law-abiding gun owners, while doing nothing to prevent gun crime in urban areas.

Ending the long gun registry has been a long-standing commitment of this government. It has been part of our promise to Canadians that we would stand up for law-abiding families and deliver law and order measures that would actually work. That means measures that actually stop crime. That means measures that hold criminals accountable. That means measures that demonstrate real results to keep our communities safe.

Along with a strong economy, these are the priorities of Canadian families. They told us that loud and clear when our government was given a strong mandate on May 2, and we intend to deliver on our commitment.

Let me emphasize this point again. On this side of the House, we support laws and measures that actually work to stop crime and deliver results. We are against burdening law-abiding citizens with unnecessary, time-consuming paperwork that serves no purpose and costs taxpayers. We do not believe in treating hunters, rural residents or outdoor enthusiasts with unfounded suspicion. We also do not want to waste taxpayer money on programs that do not accomplish the intended objective.

For years the registry has been a burden on law-abiding hunters and rural residents. For years law-abiding long gun owners have been forced to comply with useless government regulations. The real question is, has it worked? I am afraid the answer to the question is no. The original intention in creating the long gun registry was to prevent gun crimes. However, when we look at the evidence, the facts are clear. The long gun registry does not prevent crime, does not protect front-line police officers and does not keep guns out of the hands of criminals.

Registered long guns account for less than 2% of homicides committed with a firearm and less than one-third of crimes committed with a firearm. It is important to note that in the very rare case where someone intends to commit a crime using a registered long gun, the fact that it is registered does not stop that individual. The long gun registry has no preventive mechanisms.

It is also important to be clear which firearms we are speaking about today. We are talking about ending the failed and ineffective long gun registry. We are not talking about handguns. In fact, handguns have accounted for two-thirds of firearm-related violence since 1998. The bill we are discussing has nothing to do with the regulation and registration of handguns.

What about criminals who actually use firearms? Criminals do not register their guns and generally use handguns not long guns, so the long gun registry does nothing to hold criminals accountable. Imagine a criminal or someone with the intention of committing a crime standing in line and paying a fee to register a long gun. That scenario simply will not happen. Criminals do not bother complying with government regulations.

If criminals are not held accountable, who really bears the burden of the long gun registry? The answer to that is law-abiding long gun owners bear the burden. They acquire them legally and operate them responsibly, but they are the people who are saddled with the paperwork and registration fees. The long gun registry also does nothing to ensure firearm safety use. The long gun registry does nothing to encourage the responsible use of firearms. This is a useless burden that does nothing to prevent gun crime or encourage the responsible use of firearms.

This is a burden that signals to Canadians that they are regarded with suspicion and regarded as potential criminals just because they happen to own a legal object, a common item that is part of the lifestyle for many Canadians and common to many communities all across Canada.

I also want to briefly mention the cost. The long gun registry was supposed to cost $2 million.The cost is now up to over $2 billion and we see that the registry does not deter or prevent gun crime. Hard-working Canadians also bear the burden of this pointless registry. We need to scrap the registry and stop wasting money. We need to stop stigmatizing farmers, outdoor enthusiasts and rural residents and we need to stop targeting the wrong people. We need to target the real criminals instead.

In fact, our Conservative government has been taking measures to target the real criminals already. We have already passed some important legislation on gun crime in previous Parliaments. We enacted mandatory jail time for drive-by shooting and tougher sentences and bail conditions for serious gun crimes. These are important steps that target real criminals. We have cracked down on reckless street racing. Street racing is a crime and it should be recognized that way.

Again, we are creating measures that hold criminals accountable and leave law-abiding Canadians to live their lives in safety and security. We are proud of our actions. Our government is taking action to keep families safe with our recently introduced safe streets and communities act. This act includes preventing serious criminals from serving their sentences in their living room. We are taking steps to ensure that criminals face real consequences for their wrongdoing.

The safe streets and communities act includes tougher penalties for those who would sell drugs to our kids and it would prevent serious criminals and those convicted of sexual assault from ever being able to receive a pardon. In Canada, serious crimes deserve a long-lasting consequence.

We need to move away from past mistakes by scrapping this registry that puts the burden on the wrong people. I suggest that we move forward to deliver results for Canadians. We need move forward and build on progressive legislation that we have made in keeping our communities safe over the past two years. We need to target criminals and help stop real crime.

On behalf of the residents of my riding, I strongly support Bill C-19 that would put an end to the long gun registry.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:10 p.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, the Conservatives are arguing that they are opposed to the data transfer because it constitutes a violation of privacy. The Privacy Commissioner, Jennifer Stoddart, has found that this does not violate privacy in any way. In fact, she maintains that the data can be shared between the government and the provinces to help the provinces enforce their laws. There is no need to impose costs. All that is required is an agreement between the federal government and the provinces that wish to participate, like Quebec.

When will the current government take action to sign agreements with Quebec and the provinces that wish to participate?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:10 p.m.
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Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, our government has been very straightforward and crystal clear. We want to scrap the registry, which means scrapping all of the bells and whistles that hang onto it, all the paper trails, all of those things. The information is submitted by people in a private information gathering way. We do not feel that we can pass that on to anyone. If the provinces want their own gun registry, then so be it, but we are scrapping ours.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to follow up on that question. Common sense would dictate that to completely scrap, hit the delete button and destroy the information and not provide any of it to the province of Quebec, which is looking at it, will cost the Quebec taxpayers millions and millions of dollars. Those millions of dollars could be so much better spent on issues such as community policing, health care, nurses, doctors and so many other things.

Does the member not see the benefit of allowing Quebec to retain a long gun registry, because that is what the Government of Quebec would like to do? Why destroy the information?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:10 p.m.
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Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, part of the answer to that question is the reliability of the data. It has not been updated and it would be unreliable data. In talking with police chiefs, they suggest to their men, when they go to domestic disputes, that they go as if there are guns in the homes they are investigating because the registry is simply not up to date.

The other point that needs to be raised is the fact that, when I fill out a form for one level of government, I do not automatically say that all levels of government should have access to the information on that form. That is what we are saying here. I do not believe there is any legalese to support that position.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:15 p.m.
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Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, there is a misunderstanding for which I need some clarification. The registry is actually the data and if we do not get rid of the data then I suspect we do not get rid of the registry. I do not think it is too deep a thought, particularly when the Auditor General said that the information was not reliable. It is information that should be accurate.

I am wondering if the member has a comment to that question.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:15 p.m.
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Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, as I said earlier, in talking with a number of police chiefs across Canada, they have said, off the record, that the registry is not usable for their men because it has not been kept up to date. Therefore, it is a piece of equipment that has no use.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:15 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I was taken aback to find that, when I made a point earlier in this debate regarding archivists, hon. members on the opposite side found it amusing.

I want to pursue that with the hon. member for Palliser. It is actually current federal law that materials produced through the legislative process remain in our archives. Privacy is protected. This is the normal course of affairs. It is really disturbing to people in the field of archivists and historians to see data destroyed.

Names would not be used but the historical data is valuable. Does the government realize it is changing public policy in a fundamental way?

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:15 p.m.
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Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, again I would share with the member that the data is suspect in terms of accuracy. The data has not been kept up to date. It is data that belongs to the federal government, not to the provincial governments. If the federal government chooses not to share that data, then it is certainly within its rights.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:15 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, the gun registry debate has gone on for a number of years, since before its creation, to its creation, to its eventual slow demise and death under the government, to this most radical posture that the current government has taken. I find we are now at a point where the government's ideology has fully taken over any sense of balance or common sense.

I say ideology because when a government says that its mandate, which it believes it has, to do something, in this case destroy records that were paid for by Canadians, was implied in the last election. The Conservatives did not talk about it. They did not ask any Canadians about it. However, it is implied. That is the most dangerous set of principles for a government to run on because, if it believes things are implied, it can read into any decision that voters may or may not have made to arrive at a conclusion that is convenient to the government of the day.

The Conservatives do have a mandate to end the long gun registry. In the unfortunate and broken electoral system that we have, a party can win with less than 40% of the vote but end up with virtually 100% of the power. That is something that we in the NDP seek to correct so that voters can see their votes actually reflected in the government that sits in this place. If there has ever been an example of a government abusing its power and its very thin marginal endorsement from voters, it is the present government on this issue.

The Conservatives hold up the privacy of the people we seek to represent and yet I have a letter here that the government is now aware of from no other person than the Privacy Commissioner of Canada who says that the act permits the disclosure of personal information under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province for the purpose of administering or enforcing any law or carrying out any lawful investigation.

There are no privacy concerns. One would suspect that the Privacy Commissioner of Canada would be the authority on any concerns with respect to privacy, otherwise, why set up the office? Why pay the salaries and have the staff if we are not going to listen to the advice of an officer of Parliament?

It seems, unfortunately, and too typical of the government to take an issue and then run to the extreme by suggesting that a $2 billion bonfire on Parliament Hill of all the records that have been assorted and assembled would somehow make that $2 billion come back.

I have an interesting moment for my Conservative colleagues who raised the issue of cost. It has been a fair criticism of the long gun registry because it was promised at a much lower cost than it eventually realized. Whether it was between $1 billion or $2 billion, it cost too much. That is a fair and honest concern.

However, we asked the government how much it would cost to delete all the records, because it is not a simple matter of hitting a button to delete seven million records. Each one needs to be done individually. The RCMP says that it is not sure of the exact number but that it would be many millions. When we asked the government if it had an estimate on the cost of destroying all of these records, it said “no, never mind, it is worth it“. Does that sound familiar to the ones who set up the registry in the first place, “no, never mind, it is worth it?”

The Conservatives have now flipped to the other side and, because of their ideology, they cannot find their way to have a simple and honest conversation with Canadians who paid for this data in the first place. The Conservatives cannot tell Canadians that they are going to burn this data and spend many millions more destroying it.

For heaven's sake, the government claims to respect the authority of the provinces and we have a province is clearly asking for the data.

Quebec has publicly asked for the data from the registry. Quebeckers paid for it. Why is this government telling Quebeckers that they need to pay again to get this information, to have a gun registry? It is ridiculous and stupid. This government will now say anything to the people of Quebec. It is saying that it is the Conservative government. It used to say that the opinion of Quebeckers was important. What an insult. It is ridiculous and it makes no sense.

We also see that the government, in its own legislation that it crafted up around Bill C-19, has to take an entire section to subvert and overcome Canadian law that says we cannot destroy records. It seems like a good law, does it not, that a government, whatever its ideological stripe, whatever its persuasion, whatever mandate it perceives, should not be capable of destroying records that were collected from the Canadian public. Does that sound familiar at all?

I wonder if next the Conservatives will destroy any of the votes that the farmers across the Prairies took in respect to the Wheat Board because they did not like the results of those votes. Let us destroy those records too because it is not in line with the ideology and the so-called mandate of the government.

It is anti-democratic. It is against the institution of what this place represents that from time to time we collect records from Canadians, criminal records, health records, in this case gun registry records. It is not for the government of the day to write laws that subvert other laws that exist for good reason.

What is the precedent being set by the government? That if the Conservatives find something inconvenient, they will simply write into legislation, “Never mind all those things we said about keeping records, that should be borne into our laws and Constitution of this country. We will simply override them because it fits our world view”.

The government spends so much of its time claiming that it defends the brave men and women of our law enforcement departments across the country. Then a law enforcement official comes forward and says, and my good colleague from Ontario will know this, “We would like access to the data”.

We have the letter from the Canadian Association of Chiefs of Police saying, “It is fine that you are shutting down this registry, but please allow us access to the data”. Suddenly the government is not so interested in respecting or listening to the police of this country. Suddenly the government says, “Never mind the expertise or the officials, the folks who run our police department. They do not know”. All the Conservatives have to say is, “I have spoken to police officers who, off the record, say the gun registry is not important to them”.

However, through their own democratic institutions, the people they put forward to head up their police associations, those people are on the record as saying, “Please allow us access to the data to do our jobs”.

It comes to a point where ideology clashes with common sense, and we are at this point with the government. We seek from the government a moment of common sense because there are those like myself, my friend from Western Arctic and others who have for years campaigned and voted on ending the long gun registry because that represented the position of the constituents I represent in northwestern British Columbia. That was their clear and express purpose, and I think we should always maintain that bind, but the Conservatives have inserted into the bill, unlike the last provisions the last time the House voted, a poison pill into the legislation, making it a poisoned bill, and they know exactly what they have done.

The Conservatives are giving the shout out to the most ideological, the most radical elements of this conversation for no good reason because the law-abiding hunters and farmers of this country who use guns to either feed their families or protect their homes, those of which I represent in northern B.C., those people do not care if Quebec wants to set up its own registry, if Montreal wants to enforce a different set of regulations around gun ownership, or if Toronto wants to enforce a more serious provision through the provinces, why, for heaven's sake, would the government care?

When I talk to people in northern British Columbia, rural Canada, they say that they have had their disputes with the registry, but if folks in Winnipeg want to have a different set of rules and guidelines directed to them by their province, so be it. Why would the government intervene? For a government that claims to respect the authority and jurisdiction of provinces, of which the cities are a product, why step in between?

The Conservatives have poisoned the well. They have made this an unsupportable piece of legislation, and there must be Conservatives across the way who campaigned on this, and as well as their right and intention, that understand that the precedent being created here is a dangerous one. It is a damaging one to the fabric of what this country stands for, which is simple and basic representation, that the burning of records is done by a government that holds on to an ideology of the most severe nature.

We should look through the history books. What governments burned records? What regimes burned records? There are not many. This government is about to become one of them. Do the Conservatives not have any pause?

That is right, my friend says. He would like to associate himself with other governments which, through the course of history, have burned public records. Now he scoffs. He cannot figure himself out. We are either for the burning of public records or we are not, and what we have arrived at here is a government that has lost its way.

The practice of wedge politics, of dividing one group of Canadians from another, rural versus urban, the west versus the east, Quebec and all the rest, has to stop. It is destructive and harmful. It does not serve any greater purpose other than some narrow, ideological partisan interest and it has to stop.

Change the bill, correct it, end the ideological attack and make some sense to all Canadians.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:25 p.m.
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NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, that was a very enlightening statement. It is a shame that the people across the aisle feel all they can do is scoff and sneer at democratic discussion and debate.

I would like my hon. colleague to elaborate a little more on the fact that the riding I represent is in favour of the gun registry. It is in favour of the gun registry because it has endured more than its fair share of loss due to people who were not criminals but still had access to long guns. Many Montrealers lost people, including two young people I used to work with at a youth organization during the École Polytechnique incident.

I wonder if my colleague could expand on that a bit more.

Ending the Long-gun Registry ActGovernment Orders

November 1st, 2011 / 4:25 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, there are personal stories around this issue on both sides, I would suggest. That is why this debate becomes so emotional very often.

I say to my Conservative colleagues that if the province of Quebec or a particular city wishes to establish a different set of conditions for the citizens they represent, why, for heaven's sake, would the government stand in the way? It is the same taxpayer. It has already been paid for once. The Conservatives are often happy to say that it is one taxpayer. Yes, I agree, this has been paid for. Why are they asking Quebec to pay for it again?

The second piece in this is important, which is the notion around liability. The gun owners whom I have been speaking with over the last number of months have said if there is no registration whatsoever, even at point of sale, and if the gun is then stolen or bequeathed, there is no record of its transfer and the gun is later used in the commission of a crime, how does the original owner prove it? How does the original owner verify that he or she had nothing to do with that crime? This is an increasingly important issue for the same law-abiding gun owners we have talked about.