Common Sense Firearms Licensing Act

An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Steven Blaney  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 Firearms Act to simplify and clarify the firearms licensing regime for individuals, to limit the discretionary authority of chief firearms officers and to provide for the sharing of information on commercial importations of firearms.
It also amends the Criminal Code to strengthen the provisions relating to orders prohibiting the possession of weapons, including firearms, when a person is sentenced for an offence involving domestic violence. Lastly, it defines “non-restricted firearm” and gives the Governor in Council authority to prescribe a firearm to be non-restricted and expanded authority to prescribe a firearm to be 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.

Votes

April 20, 2015 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.
April 1, 2015 Passed That, in relation to Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts, not more than two 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 second 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.

The House resumed consideration of the motion that Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts, be read the second time and referred to a committee.

April 2nd, 2015 / 12:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will conclude the second reading debate on Bill C-42, the common sense firearms licensing act. This bill will reduce the red tape faced by law-abiding hunters, farmers, and outdoors enthusiasts.

Then we will return to our constituencies for the Easter adjournment. When we come back on Monday, April 20, that day will be the first allotted day. The House will debate a proposal from the New Democratic Party. I expect this proposal will be the 81st time-allocated opposition day debate since the last election.

As we know, notwithstanding the option available to them to allow many days of debate on any issue they raise on opposition days, the NDP has always chosen to limit the debate to the minimum of a single day of debate. What is more, this will be the 179th time-allocated opposition debate since the government took office.

On Tuesday, we will debate and ideally conclude third reading of Bill C-12, the drug-free prisons act. Then we will move on to the report stage of Bill S-2, the incorporation by reference in regulations act.

As to my hon. friend, the Minister of Finance this week, I do not know where the opposition House leader was, but I quite enjoyed the Minister of Finance's answers this week in question period. I know why he does not remember it; it is because he does not want to remember that the finance minister laid on the table the clear choice before Canadians. It is the choice between a government that is focused on the priorities of Canadians and lower taxes for families versus the priorities of the New Democrats, which are to raise taxes on families, reverse the tax reductions our government has delivered, and deliver higher debt, higher deficits, and bigger government.

It is a clear choice. That is why we look forward to the budget on Tuesday, April 21, that the Minister of Finance has announced will take place. That will be at 4:00 p.m.

On his behalf, pursuant to Standing Order 83(2), I will be asking later that an order of the day be designated for the purpose of that budget.

I am looking forward to that balanced budget, because it will continue our focus on creating jobs and supporting Canadian families. Over 1.2 million net new jobs have been created since the economic downturn, and that is a remarkable record, especially when contrasted with every other developed country in the world. It is something I know Canadians are remarkably proud of.

Canadians recognize the importance of the economic leadership we have had from the Minister of Finance and our Prime Minister in delivering those results. That, of course, is why there is such strong support for our economic agenda in contrast with the agenda offered by the New Democratic Party.

The budget debate will continue on Wednesday. Subject to discussions with my counterparts, the second day of debate will be on Friday.

On Thursday, we will debate Bill C-51, the Anti-terrorism Act, 2015, at report stage. This important bill provides our law enforcement and security agencies with crucial tools to tackle new and emerging threats posed by terrorists.

Over the last several weeks, our hard-working public safety committee held many hours of meetings, hearing from dozens of witnesses, and then spent a very long day on the bill’s clause-by-clause consideration.

Let me congratulate and thank the committee for its efforts.

Common Sense Firearms Licensing ActGovernment Orders

April 2nd, 2015 / 10:55 a.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my colleague for his speech.

As I was going through the papers this morning, I was particularly shocked to see that a number of them reported that our Minister of Public Safety and Emergency Preparedness had cancelled his participation at a fundraising event that featured a gun as a door prize. I am sure that it came along with all the required permits.

I had a question that I would like to ask my colleague. Is it not a problem that Bill C-42 gives the Minister of Public Safety and Emergency Preparedness the power to reclassifiy certain firearms?

Common Sense Firearms Licensing ActGovernment Orders

April 2nd, 2015 / 10:35 a.m.
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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, today I rise to speak to Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts.

This Conservative government bill cuts red tape for firearms owners. In my opinion, what it will really do is weaken Canadian gun control laws.

Let us remember that the government had to put work on this bill on hold. It was supposed to have been debated for the first time on October 22 of last year, a day we will all remember for a long time. That day, a soldier was shot and killed at the National War Memorial not far from here. The gunman then stormed the Centre Block on Parliament Hill.

In my opinion, the government should have put this bill on hold indefinitely. Having solid, reliable data and laws that govern the use of firearms in Canada, together with giving police the resources and tools they need to enforce rules and laws, is of vital importance to public safety and stemming violence in Canada, particularly violence against women.

With this bill, however, the Conservatives are playing politics on the firearms issue. They are using this issue to play political games and divide Canadians, which jeopardizes public safety and creates additional challenges for police services in Canada. They are trying to shift the debate and make us forget that we are talking about public safety

However, reasonable people from different parts of the country, both rural and urban, could very easily work together to come up with solutions to this problem rather than practising the politics of division, as the Conservatives are doing.

The opposition NDP members and I believe that any changes to the Firearms Act must be made with a certain degree of caution. Improving public safety must be the priority objective. Bill C-42 does not meet that criterion, however, and we cannot support it.

I want to talk about the measures that are actually in Bill C-42. First of all, this bill allows a six-month grace period when a five-year licence expires, for gun owners who have failed to renew their licence.

Right now, owners must have an authorization to transport in order to have the right to transport their firearms. They must apply to a provincial chief firearms officer. The authorization allows them to transport a specific weapon to and from a specific location. They must have the authorization with them when transporting the firearm.

However, Bill C-42 would make it possible for this authorization to be granted automatically with the firearms licence, thereby authorizing the transportation of prohibited and restricted firearms to and from a gun club, firing range, police station, gun shop or any other place where firearms are used.

The bill also gives cabinet a new power, namely, the power to change the definitions of the classifications of firearms set out in section 84 of the Criminal Code through regulations that make exceptions. Through a regulation, cabinet could classify firearms that would normally be defined as prohibited or restricted as non-restricted firearms. Right now, firearms are classified based on assessments conducted as part of the Canadian firearms program, which is administered by the RCMP. These classifications are then approved by the Minister of Public Safety and Emergency Preparedness.

Let us look at the problems associated with that. First, the grace period is problematic because a firearms licence allows the police and other authorities to access the latest information about the owner of a firearm. We talked a lot about this important topic when we discussed the firearms registry. It is important for the police to know who owns a firearm, what type of firearm it is and where these firearms are being taken.

As part of the licence renewal process, firearm owners are assessed to determine whether they have mental health problems. This is a way of detecting whether there is a potential risk for the owners themselves or for the public. This assessment makes it possible to determine fairly early on whether there is a potential risk and helps the police to intervene in the case of an accident.

The timeframe set out in the bill could delay access to that information and could pose very serious risks to public safety. The Conservative Party members will likely say that anyone who does not renew his or her licence will have a criminal record. In fact, failing to renew one's licence is considered criminal because it is a serious matter. It is not as though this licence has to be renewed every year. It is renewed every five years.

Licence renewal is mandatory and failing to meet that obligation is considered criminal as a way of addressing the risk that gun owners may have mental health problems. A lot can happen in a person's life in five years. It is therefore important that all licence holders be in good mental and physical health so that they can use their hunting guns properly.

The measure on transporting firearms could also cause problems for police forces in their fight against the unauthorized transport of firearms. Why is it so important to control the use of firearms, keep these data and make public safety the priority?

We are not here to attack Canadians living in rural regions or hunters simply because they own guns. That is not it at all. Our priority is public safety. We are talking about guns that can be used to attack and kill people. It only makes sense to exercise the best possible control, while allowing people to use their guns.

The problem is that in Canada, gun violence remains a factor in many domestic abuse cases, causing some women to stay in abusive situations out of fear of being shot by their partners. Unfortunately, the presence of firearms is a top risk factor associated with domestic murders of women in Canada. In 2009, nearly 75,000 incidents of violent crimes against women were by current or former spouses or someone with whom the women were otherwise in an intimate relationship. These are the incidents that were reported to police. It is estimated that over 70% of such incidents go unreported.

Women are three to four times more likely than men to be victims of a spousal homicide. According to the most recent data available from Statistics Canada, in the past decade, from 2000 to 2009, over a quarter of women killed by a current or previous partner were by means of firearms.

Most women killed with guns are killed with legally owned guns. Family and intimate assaults involving firearms were 12 times more likely to result in death than intimate assaults that did not involve firearms. However, homicides of women with firearms dropped by over 63% with progressive strengthening of gun laws from 1991 to 2005, while murders of women by other means, such as stabbing and beating, declined by only 38% because we enforced the laws and put laws in place.

Twenty-five years have passed since the Polytechnique massacre, when 14 young women were violently murdered just because they were women. These events led to the creation of days of activism against gender violence, when we come together to reflect on the meaning of this attack against women. We also reflect on the fight for women's rights and the work that must still be done to achieve true gender equality.

This event of 25 years ago marked a turning point in the debate on gun control in Canada and spurred Canadian politicians to tighten access to firearms and start tracking legally purchased guns. The NDP has always proposed practical solutions to the legitimate concerns of the many Canadians who use firearms. We have always taken care to respect the rights of aboriginal peoples while ensuring that police services have the tools they need to protect Canadian communities.

Data on 1.6 million firearms in the province of Quebec will now be destroyed.

This bill would limit the powers of provincial chief firearms officers through regulations. By limiting the role of these officers, the federal government will make it more difficult for the provinces to set the standards they believe are necessary to implement the laws that govern firearms.

Unfortunately, the reforms introduced by the bill do not work for all Canadians. Therefore, we cannot support the bill.

Common Sense Firearms Licensing ActGovernment Orders

April 2nd, 2015 / 10:20 a.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I will be splitting my time with my colleague from Argenteuil—Papineau—Mirabel.

I am rising today to oppose Bill C-42 at second reading. I listened very carefully to the arguments being presented by the government, especially to my colleague who just spoke. I have not been persuaded by any arguments I have heard to date to support this piece of legislation, because I do not believe the bill would do what is being said it would do.

I am from the beautiful city of Surrey and my riding of Newton—North Delta over the last number of years has seen innumerable incidents of gun firings. Many times these are gang related. Just a few weeks ago over a 28-hour time frame we saw five, six, and then seven gang-related shootings. One can imagine that we are very sensitive when it comes to gun control, gun licensing, et cetera. We are also very concerned that the government has failed to deliver on its commitment for additional policing. We are not saying additional policing would take care of a lot of issues in my riding, but it is one of the components that would help, to have more men in serge out on the streets, keeping our streets safe.

As I was going through the bill, one of the first components that hit me was that we are looking at a grace period of six months when someone's licence expires. This seems so bizarre. For a gun owner it would still be perfectly okay for six months after one's licence expires. That would be legalized in this legislation. When my driver's licence expires, it expires on that date and I have to get it renewed beforehand. When my car insurance expires, I have to do that on time or there are huge fines. Here we have something unique being built in for firearms's licensing, a grace period of six months.

Also, we know that, when people go for renewal of their licence, we are not just talking about paperwork. Firearm owners are screened for mental health issues, which we know are fast growing in our country right now across all the age groups. It is also a way of gauging any potential risks to themselves or others, yet the government sees fit to give a six-month grace period. I am just so shocked by that.

Then I looked at firearms transportation. With the firearms licence, the government would be authorizing automatically, without any special permission having to be sought, which it was before, the transportation of prohibited or restricted firearms to and from any gun club, shooting range, police station, gun shop, gun show, and any point of exit from Canada. This measure alone could make it more difficult for police to crack down on unauthorized firearms and transportation of firearms. This is happening at the same time that the government is reducing the 2014-2015 Canada Border Services Agency operational budget by $143.3 million a year. At the same time that the government is cutting resources for the CBSA—and by the way to the police by $195.2 million—it is also relaxing the rules around the transportation of guns. This just seems totally bizarre.

The other concern I have is over the classification of firearms. I absolutely believe that this process needs to be depoliticized. It should not be in the hands of politicians. I love all my colleagues in the House. I have a great deal of respect for the work done by many, but really, do we want to give cabinet the final authority as the decision maker on classification of firearms? Should that not be done by experts and people in the field who know a lot more? Should it not be done by the RCMP, et cetera?

Once again, there is a great deal of concern that we have a government that is trying to put more power into the hands of cabinet ministers and therefore escape scrutiny. We have seen this in other pieces of legislation as well. This bill would basically transfer authority over definitions and classifications to cabinet rather than putting an emphasis on public safety.

Another power that would be limited is that of the provincial chief firearms officers. This bill would limit, by regulation, the powers of the provincial chief firearms officers to attach conditions to a licence or to the authorization to transport; in other words, local provincial officers' hands would be tied behind their backs. This would also prevent provinces from setting their chosen standards in the implementation of firearms legislation.

As we can see, this is just not good enough. My fear is that all of these changes would put at risk not only our communities but also our men and women in uniform who serve us. We have seen the government do this time and again. It does not put public safety first; rather, it puts political pandering to its lobby groups ahead of what is good for Canadians.

I would now like to talk to members about Inspector Garry Begg, who lives in Surrey, and who has done an amazing job of serving our community. His son served in our community as well. At this point, I would like to recognize the remarkable patriotism displayed by RCMP Corporal Shaun Begg, the commander of the RCMP detachment in Kaslo, B.C.

One day last week, Corporal Begg, who plays recreational hockey on a Kaslo team, journeyed with his teammates by helicopter high up into the Purcell Mountains to play a game of shinny 8,000 feet up. It was a spectacular day and Corporal Begg, who describes himself as a proud Mountie and an even prouder Canadian, donned his regimental red serge and famous stetson for a few shifts of the game. A teammate snapped a picture of Corporal Begg in full dress uniform bearing down for a shot on goal, and the rest is history. The picture was tweeted and is now being described as the “most Canadian photo ever”. Being viewed around the world, it now shines a bright light on all that is Canadian. I am sure that most members of the House have seen the photo and will join me in saluting Corporal Begg, a proud Mountie and a proud Canadian.

I want to reiterate that it is disturbing to me to have a government that is pandering to its lobby groups while failing to do the right thing, which is to protect Canadians. We know that the number of people who own handguns has increased incredibly. I understand the need with respect to hunters and farmers. We are not saying that no one should have guns, but we are saying that the kind of changes we are seeing in this legislation would do harm and would not bring peace to the streets of Surrey or to other communities.

The more I reflect on this piece of legislation, the more I am puzzled as to why a government that purports to be—and often states that it is—a crime-fighting kind of government would now bring in legislation that makes it easier for guns to be on the streets, while at the same time cutting resources to the RCMP and the Canada Border Services Agency so that we would have even less control over guns entering the country and have more relaxation with respect to the movement inside the country of weapons that can kill people.

Common Sense Firearms Licensing ActGovernment Orders

April 2nd, 2015 / 10:05 a.m.
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Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, I am pleased to rise in the House today to speak in support of the common-sense firearms licensing act, Bill C-42. This important legislation highlights our Conservative government's commitment to firearms policies that are safe and sensible.

This is a theme that is seen throughout the bill, and it is a theme that has been at the heart of how our government deals with issues related to firearms. In other words, we believe that we should punish lawbreakers, but we should reduce red tape for law-abiding Canadians.

I would like to briefly highlight the eight changes contained in this important legislation, but first I would like to give some context as to how we arrived at the situation we are in today.

While a variety of permits and documents to possess firearms have existed in Canada since 1892, licensing in the context that today's Canadians would recognize did not begin until 1979. The firearms acquisition certificate system existed until it was amended by the previous Liberal government in 1995.

Bill C-68 created the Firearms Act, which put new and onerous requirements on the licensing and transportation of firearms. This same Liberal bill also created the wasteful and ineffective long gun registry.

Following our Conservative government's election in 2006, we immediately took action to make sure that no one could be prosecuted for being in possession of an unregistered long gun. We also took action to end the needless Liberal gun-show regulations. We deferred and are examining the repeal of the UN firearms marking regulations.

After many years of work, we ended the wasteful and ineffective long gun registry once and for all. Following an inappropriate and unacceptable decision made by unelected bureaucrats, our government took action to restore the property rights of law-abiding owners of Swiss Arms and CZ858 rifles.

It is clear that we are taking safe and sensible firearms licensing seriously, and that brings us to the important common-sense legislation before us today.

As I stated earlier, there are eight key measures in this legislation. As I have said, these measures are safe and sensible, and the bill could be broken down along those lines.

We are bringing forward measures that will keep Canada safe.

We will require all first-time gun owners to receive basic firearms safety training.

We will create a system for the RCMP and the Canada Border Services Agency, the CBSA, to share information on firearms smuggling investigations. Shockingly, thanks to loopholes in the Liberals' Firearms Act, these law enforcement agencies are barred from working together. This has led to literally thousands of firearms making their way into the black market and into the hands of thugs and criminals. Sharing would occur under Bill C-42.

We will make firearms prohibitions mandatory for serious crimes of domestic violence. We believe that the best indicator of future criminal behaviour is past criminal behaviour. In fact, nearly two-thirds of all those convicted of spousal homicide have a previous history of domestic violence. Taking firearms out of these volatile situations just makes good common sense.

To that end, we are also making firearms laws more sensible for law-abiding Canadians who work hard and play by the rules. We will streamline licensing by merging the possession-only licence and the possession-and-acquisition licence. This would give new purchasing rights to 600,000 experienced firearms owners.

We will end the needless paperwork around the authorization to transport a restricted firearm. No longer will law-abiding sports shooters need to fill out endless reams of paperwork to do something their licences ought to have authorized them to do.

We will put a six-month grace period at the end of the five-year firearms licence. One will not be allowed to purchase new firearms or ammunition, or even use one's firearms during that time, but a person will not become an overnight paper criminal as a result of a simple, honest mistake.

We would end the broad and often arbitrary discretionary authority given to chief firearms officers. The Firearms Act is a Canadian law, and we believe that there ought to be similar standards from coast to coast to coast. Rules and procedures differing vastly between Saskatchewan, Manitoba, and Ontario is completely unacceptable, as is the troubling trend of unelected officials trying to make policy on the fly without consulting Parliament, and from time to time, by directly confronting Parliament.

Last, but certainly not least, we would create powers for the elected government to overturn incorrect classification decisions made by the Canadian firearms program. On the advice of independent experts, we will take steps to make sure that all decisions made regarding issues that impact the property rights of Canadians make good common sense. I can assure the House and all Canadians that the first of such measures would be to return the Swiss Arms family of rifles and the CZ858 to the classifications they had prior to February 25, 2014.

These measures are safe and sensible. We can see that from the broad support they have received. Front-line police officers are supportive. Police chiefs are supportive. Hunting groups are supportive. Sport shooting groups are supportive. I would like to quote the Manitoba Wildlife Federation, which said:

We support smart, cost effective firearms policy that keeps Canadians safe, but treats gun owners fairly. We applaud the [Conservative] Government’s ongoing efforts to streamline firearms licensing in Canada to make it more effective and efficient.

Unfortunately, the other parties disagree. The NDP leader takes a different position on this issue, depending on whether he is in rural or urban Canada. Most recently, he said that he believed that the long-gun registry was useful. However, the Liberals take the cake when the member for Malpeque makes process arguments about who ought to be making decisions, which is simply a ruse to cover the real views of his party. Consider the quote from the member for Trinity—Spadina, who said that “emotional arguments” from firearms enthusiasts are not enough of a reason to justify the sale of ammunition. Can members believe that? The member would do away with the entire hunting and sport shooting industry in Canada in one fell swoop. We cannot allow that sort of reckless move to happen in Canada.

I can assure the House that our Conservative government will always stand up for the rights of law-abiding hunters, farmers, and sport shooters. I hope that all parties will support this legislation.

The House resumed from April 1 consideration of the motion that Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts, be read the second time and referred to a committee.

Second readingCommon Sense Firearms Licensing ActGovernment Orders

April 1st, 2015 / 5:45 p.m.
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Kamloops—Thompson—Cariboo B.C.

Conservative

Cathy McLeod ConservativeParliamentary Secretary to the Minister of Health and for Western Economic Diversification

Mr. Speaker, I want to note that I will be sharing my time this evening or as the debate goes to the next stage.

As a member of the Conservative government, I am very proud to rise and speak today in favour of Bill C-42, the common sense firearms licensing act. As I go through my speech, I think people are going to recognize why it is called that, because the name very appropriately reflects all the very important measures within the bill.

It should be no surprise to anyone that our government has chosen to champion this bill. We have always been the only Canadian party to believe in a common sense approach to public safety. Criminals, not law-abiding persons, should face repercussions in the justice system. The bill would make several much-needed amendments to do just that.

The bill has eight components that take a safe and sensible approach to firearms heritage in Canada. It contains elements to target violent criminal behaviour. By cutting red tape, the bill would also reduce the burden on law-abiding Canadians who wish to enjoy full use of their property.

I would like to take this opportunity to outline some of the measures that I think are particularly beneficial to all Canadians in addition to some that will benefit law-abiding hunters, farmers, and sport shooters specifically.

I grew up in an urban setting, and had I never moved to a rural community, I perhaps would not have understood the bill as much as I do, having had the enormous privilege and opportunity to live in a rural area for many years.

Hunting was not part of my life growing up, nor was sport shooting. When we moved to a rural community, one of the things that happened very early on was that I hit a deer with my car in the middle of a very isolated area. The deer was severely injured and was on the side of the road. A person who came by not too long afterward managed to put the deer out of its misery with his rifle.

A few years later, my children were born in a rural community. We lived on some acreage. A cougar had been stalking our children, and our next-door neighbour shot the cougar. Thankfully none of our children was impacted.

As a result, I learned to appreciate that hunters and farmers used firearms as a tool, but it was really, as we so often say, law-abiding hunters and farmers who were getting buried in red tape.

I appreciate how some folks from urban areas might not understand the bill, but we should all agree with the principles of reducing red tape and with some of the protection measures that are going to go into place.

Let us look at the facts. Enjoying a hobby such as sport shooting or utilizing firearms as a part of one's livelihood does not make a criminal, nor does it in any logical way predict the likelihood of committing a crime. I think I gave two very important examples.

That is why the bill would create a six-month grace period for licence renewal at the end of the five-year licence period. People would not be able to use their firearms or purchase ammunition with an expired licence, but they would not be treated like criminals because they made an honest mistake. Who among us has not missed a renewal of car insurance or some other type of important insurance? A little grace period is very appropriate, as any reasonable, sensible person should agree.

Possession-only licences would be eliminated. They would be converted to possession-and-acquisition licences, giving the right to purchase firearms to all who hold a valid POL. When I learned about the system that we had in place, I was quite flabbergasted in terms of the POL, the PAL, and the firearms registry. It really seemed like a system that was buried in red tape, so we are not talking about reducing safety; we are talking about reducing a system that is buried in red tape. That means 600,000 Canadians who have owned and used firearms safely, many for more than 20 years, will now be trusted to purchase new firearms if they wish, as they have safely used firearms for years. Again, I think any reasonable person would agree.

This bill proposes that first-time firearms owners must attend firearms training prior to being issued a licence. That is safe and sensible. The bill proposes to create firearms prohibition orders against those who commit domestic violence, thus punishing those who commit criminal actions as opposed to those who stay within the law.

I find it very difficult to understand why people across the floor could possibly oppose this bill, though I must say again that I am not really all that surprised, because I saw what happened with the long gun registry. Some NDP members represent rural communities. I know that they voted against the wishes of their constituents when they voted to keep the long gun registry, and if they vote against this bill, they will be voting against the wishes of the majority of their constituents again. Those constituents should be very concerned, because they are not being represented by their NDP members, the people they sent here to represent them.

Today if a law-abiding gun owner wants to get a restricted firearm repaired for a day at the range next week, they cannot, and I will say why. It is because they would have to submit a piece of paperwork to the Ontario CFO's office to get a letter authorizing them to transport it to that location, even if they have a piece of signed paperwork saying they can take it to their local range. That is simply nonsense.

If someone has a licence and wants to take guns to a licensed armourer, is it really a risk to public safety if the firearms are transported in a locked case, with a trigger lock on the firearms and with the firearms out of arm's reach, as required by law? If it really is a risk to public safety, then why, after waiting several weeks or more for a piece of paperwork from the CFO, is it now somehow made safe? If the CFO thought someone was unsafe, he should never have approved the licence in the first place. The entire process is nonsense. The government's bill would address this aspect as well.

As firearms owners, people are already subject to continuous eligibility screening. This means their licences are checked against the police information system to see if they have committed a crime. This bill proposes to end needless paperwork around authorization to transport restricted firearms by making them a condition of a restricted licence for routine and lawful activities. CFOs who approve licences for firearms owners would now also be approving the legal use of those firearms at the same time.

This bill would end the arbitrary discretion of the chief firearms officers. Without a legitimate public safety need, they would no longer be able to create regulations that deliberately infringe on the enjoyment of property.

This bill would make two extremely important changes that would benefit many Canadians. One is that the bill proposes to end the loophole that stops information sharing between law enforcement agencies when they are investigating the importation of illegal handguns. The other change proposed in this bill is to put the final say on the classification of a firearm in the hands of the elected government after it receives professional advice on the characteristics of the firearm.

These last two changes would end bureaucratic nonsense. I keep using that word because we can see how bogged down the process is in red tape. Yes, we need to worry about safety, and yes, we need to worry about proper training, but no, we do not need one piece of paperwork after another.

I believe that protecting Canada's heritage is at the core of the bill. Hunters, farmers, and sports shooters are at the very core of Canadian heritage and deserve representation against false perceptions that are being propagated in the House. We have heard many of them already. People are not criminals in this country just because they own firearms, nor should they be made criminals through fearmongering.

On this side of the House, we will always stand up for safe and sensible firearms policy. If we look at the eight points that I brought up, we see that they would reduce red tape and increase safety measures. They are sensible and appropriate, and I suggest that all members on both sides of the House should seriously consider supporting this bill.

They are really reducing red tape and increasing safety measures. They are sensible and appropriate, and I suggest that all members on both sides of the House seriously consider supporting the bill.

Second readingCommon Sense Firearms Licensing ActGovernment Orders

April 1st, 2015 / 5:45 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I am going to give a few examples to please our Conservative friends and follow up on the question posed by my colleague, whom I thank.

Bill C-42 gives cabinet a new power, namely, the power to change the definitions of the classifications of firearms set out in section 84 of the Criminal Code through regulations that make exceptions. Through a regulation, cabinet could classify firearms that would normally be defined as prohibited or restricted as non-restricted firearms. That is what is set out in proposed subsection 117.15(3).

Similarly, cabinet could declare firearms that would normally be prohibited to be restricted. That is what is set out in proposed subsection 117.15(4).

Rather than focusing on public safety, Bill C-42 gives cabinet the power to establish definitions and classifications of firearms. That is what is troubling about this bill.

There is a clause that refers to domestic violence, and the minister knows that we are working really hard to eliminate that scourge. However, that does not mean that just because of that one clause, I am going to ignore all of the clause that we know we will not be able to amend in committee because the Conservatives will not let us. That is unfortunate. We could have done so much better with this bill.

Second readingCommon Sense Firearms Licensing ActGovernment Orders

April 1st, 2015 / 5:15 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, to follow the act of the member for Yorkton—Melville is going to be quite the challenge for me, that is for sure.

Nonetheless, I will do my best.

Since arriving in the House during the current Parliament, I have been upset at how the issue of firearms has been handled, since this topic, which is very important to the members of all the parties in the House, often affects public safety and a part of the population that our friends across the way like to call the “law-abiding hunters of this world”, as though we would not call them that.

The Conservatives also like to claim that the members of the official opposition are against hunters and anything even remotely related to a weapon. As the official opposition justice critic, and like my colleague who talked about public safety and all my NDP colleagues, I think it is important to take this fiercely partisan attitude out of this debate. Often, the way the Conservatives behave is the reason why we cannot give them our support.

For years, they used the gun registry to try to divide Canadians, classifying them as either rural or urban and either hunters or criminals. That is a problem. Other Canadians are also very sensitive to what has happened to the people of Quebec. I was born in Quebec. The massacre at the École polytechnique is part of our daily lives and we are reminded of it every year, especially through stories from parents, victims, friends and everyone who suffered as a result of that terrible tragedy. We also went through the horrific ordeal at Dawson College. As for the events of October 22 that occurred right here, as awful as that experience was, we cannot forget the gunman who entered the National Assembly many years ago and just started shooting.

This is all part of a collective psyche that is very sensitive to the issue of weapons. When a government tries to use something as fundamentally personal for so many people every time it introduces a bill or does some fundraising, it can be hard to see those bills as having much merit. We know that they are under a lot of pressure, since they created it themselves. Let us not kid ourselves.

Not long ago, someone told me that, at the time, even the Prime Minister voted in favour of the firearms registry. There comes a time when people forget the past. That is unfortunate, because the government tends to have a way of ensuring that history repeats itself and of saying absolutely unbelievable things.

Let us remember the events that led to the creation of this registry. Some members will say that we are not here to talk about the registry, but I will explain the connection from start to finish.

The tragedy at École Polytechnique occurred in the 1990s. I was not a member of the House at that time, but as a Quebecker and a Canadian who witnessed that terrible tragedy, I saw politicians clamouring to be the first to respond and put something in place.

Did this registry, which was created by the Liberals, make sense and was it well built? As the member for Yorkton—Melville said, that is certainly the impression people were given. That impression is certainly strengthened by some of the arguments of the members opposite, who have always been happy to say that those who established the registry wanted to criminalize hunters. I have always said that hunters were the innocent victims of the events of the 1990s.

When it comes to an issue such as this, which is so emotional for so many people and so personal for others who live in communities that may not be like the urban area of Gatineau, we need to take a deep breath and examine the situation.

With all due respect for the people and some of my colleagues who like to say that we are opposed to this or that, I really enjoy sitting down with the people of the Gatineau Fish and Game Club. As I already told someone, if you think I put on this weight eating tofu, there's a problem somewhere. I have nothing against meat or hunting.

However, I will always promote public safety. We owe it to Canadians. This government makes a point of boasting about public safety bills at every turn and says that, on this side, we are far too soft and that we do not want to adopt the tough measures that are needed. However, the government brings in all kinds of measures and tries, among other things—I am coming back to the registry—to destroy data that a government that is a partner in the federation had asked for.

The intended result was that the federal government would no longer need the data and that there would be no further criminalization under the Criminal Code. But it took some narrow-minded people and a certain meanness to say that if they were not going to take the data, then we could not have it. That is roughly what happened. The Supreme Court told the government that they had the legal right to do it. Great. However, the government made a political choice and will pay for it. The ruling clearly stated that the federal government made the decision only to harm the provinces. As I have often said, if we are proud to say in the House that the government made a decision that harms a partner of federation, there is a serious problem with Canadian federalism. That is unfortunate.

That said, with respect to Bill C-42, under the leadership of the Prime Minister and the Minister of Public Safety, we always hear the same kinds of comments from this Conservative federal government and we see that they go through periods of requesting funding from their supporters and from interest groups. These are obviously valid groups. I have nothing against the gun lobby. That is their job. However, it is our job as parliamentarians to not allow ourselves to be pushed around simply because they enjoy it. I will sit down with any lobby, regardless of the side, including those who support not allowing anyone to own a gun under any circumstances. I will listen to what they have to say and I will try to make a decision that makes sense and that has the desired outcome.

We have problems at customs when people cross our borders. We have black markets for guns and all kinds of things. I am not talking about hunters. I am talking about organized crime groups that bring a huge number of weapons into the country. While we argue over the details, we miss doing the important things. Budgets for these crime-fighting measures are being cut.

The government needs to stop laying it on thick and claiming that all we want to do is to prevent hunters, sport shooters and collectors from owning guns and from being able to enjoy them. Similarly, the first nations have inherent rights with respect to hunting and fishing. No one can take those away from them, although some measures in Bill C-42 make me doubt that. This will create some serious problems for the first nations and could undermine some of their inherent rights.

We did not hear many on the Conservative side rise to object to these kinds of things and these kinds of situations. All they do is say that Bill C-42 must be wonderful because it is a government bill. Every time I speak to a bill I always find it amusing to look at the short title. The Conservative Party must pay someone to sit there and come up with bill titles. They have a lot of imagination, and often even more imagination in French than in English. It is rather enlightening when you look at Bill C-42. The English version of the bill states:

“This Act may be cited as the Common Sense Firearms Licensing Act.”

These words please the rest of Canada, in the ridings of my friends across the aisle, and those of many of my colleagues, too, outside of urban centres. The French title is more likely to please Quebeckers: Loi visant la délivrance simple et sécuritaire des permis d'armes à feu. The French does not use the expression “common sense” and instead refers to safety. This argument might be more successful in Quebec. Sometimes I think the problem with the Conservatives is that the devil is always in the details. As my parents always told me when I was a kid, when someone cries wolf too many times, eventually no one will believe them.

Unfortunately, that is more or less what is happening right now with the federal Conservative government's so-called law and order agenda, or with public safety, or with their haste to send our men and women into a war in Iraq and Syria. The Conservatives have contradicted themselves so many times now that no one is going to believe them any more. When we do not believe them, we cannot stand here and agree with something that does not make any sense.

I have no problem with getting rid of unnecessary paperwork for someone who has a hunting rifle that is used only for hunting and is stored properly. However, other bills from the backbenches seek to change the storage rules. When we add all that up, in an effort to say things to try to please everybody, the Prime Minister seems to be saying that everyone within 100 or 60 kilometres of a major centre should have a gun. He might be on board with that, but I do not think that that is what Canadians want.

That being said, I do not want to stop people who want to lawfully use their rifle for hunting, sport or target practice from doing so. I attend cadet ceremonies and I am extremely proud of Gatineau's cadets when I see them win shooting competitions. I do not think that is due to Nintendo's Duck Hunt. The government has to stop making fun of people for wanting to be careful and make sure that the measures we are adopting do what they are supposed to do.

This bill contains some measures that are cause for concern. Perhaps it was poorly thought out by the Conservatives. I am not certain that they will be able to fix it in committee. That does not seem to be one of the strengths of the Conservatives, or at least of the Conservative members who sit on the committee. With all due respect for the ministers, given the number of times that parliamentary secretaries have told me that they do what they are told, there is no longer any doubt in my mind. I know very well that they have been given their orders, and that they are doing what the powers above have asked them to do in committee. They even tell us, out in the hall, that they think that what we are saying makes sense but that, unfortunately, they cannot approve it. The ministers opposite should not come here and tell us to our faces that they let the committee members do their job. We are trying and we will continue to try to do our job until the end of this Parliament. We are the party of hope, optimism and love. I am still optimistic, but I have had to put hope on hold.

One problematic aspect of this bill is training, and the committee will have to take a close look at what that means for people who live in rural areas where there might not be any trainers. I also hope that some first nations witnesses will be able to share their opinions on Bill C-42 with the Standing Committee on Public Safety and National Security.

To me, the most problematic part of the bill is the regulatory aspect. I do not claim to be an expert on firearms. Obviously, I do not want dangerous weapons to be available to criminals, but as I was saying earlier, I have no problem with hunters, sport shooters and collectors having guns, as long as they are using them properly. That being said, I think the regulatory aspect is quite problematic.

As we realized at the Standing Committee on Justice, bills are often passed hastily. I am not necessarily talking about the time we spend debating here. What I mean is that the Conservatives have come up with so many bills in some areas, such as justice and public safety, that people at the Department of Justice do not have time to analyze all of the details. I am not saying they are not doing a good job, but there is a limit. If I were a legal adviser and I had 52 files to work on in one week, no matter how good I was, I would have a hard time handling that workload. These people are on a mission.

This week, I asked them if there might be a contradiction between the “Life means life” bill, Bill C-587, and Bill C-53, which would eliminate parole before 40 years. They had to admit that could obviously cause some problems in court.

It is the same thing here. There are many bills that deal with firearms, but I encourage my colleagues in the House to focus on Bill S-2, because it will completely change the way that regulations are enacted. I call it the sleeper bill of this legislature. It seems harmless, but it has serious consequences. Without us even knowing, the government could change the regulations through a minister or delegated authority. I am not saying that that is what is going to happen, but it is a possibility. No one can answer me when I ask whether Bill S-2 might conflict with Bill C-42 with regard to the classification of firearms.

That is what concerns me the most. This would not be the case if we had a reasonable and sensible government that was acting in the interest of public safety. However, this government is easily swayed by lobbying efforts. Earlier, my colleague, the public safety critic, asked the Minister of Public Safety whether there was deal between the government and the firearms lobby that would explain why the firearms lobby did not attend the committee meetings on Bill C-51, the Anti-terrorism Act, 2015.

The Conservative member who spoke before me said that this bill has been around a long time. That is strange because we were supposed to debate it on October 23. I was studying this bill when the events occurred on Parliament Hill. The Conservatives are claiming that this bill enhances public safety. The minister says that it is extraordinary. That is ironic because if Bill C-42 is so good for public safety, then it would have been extraordinary if the government had announced, the day after the shooting, that as a good and responsible government, it was letting us debate it and pass it right away.

However, the Conservatives knew very well that this bill had some serious flaws. They used these events to make it more accessible to Canadians, knowing that it could be worrisome for them. Furthermore, since the Conservatives only work based on polls, they withdrew the bill and then brought it back one month later, only to shut down debate after the minister, our critic and the critic from the third party had a chance to speak.

Today, on April 1—this is no April Fool's joke—the Conservatives have brought this bill back and they have the gall to tell us that it has been languishing for six months. That is not our fault. They are the ones who let it languish. There is no real urgency.

This bill has a number of worrisome elements. I know it works to their advantage so it is hard for them to let go of it. They must have been disappointed when the registry was abolished because it was no longer profitable. However, now they have this, so they can continue and say that the member for Gatineau is against hunters. That is not true. I am sick of hearing such nonsense.

Can we be adults here and simply ensure that the right guns are in the hands of the right people? As justice critic for the official opposition I never claimed that the firearms registry would have prevented the crime at the École Polytechnique.

That is not even what police forces came to tell us. All they said was that it helped them during investigations. It gave them a sense of security if they had information—if not some assurance—that firearms might be located somewhere. They acted differently as a result.

With all of that information, we should be able to implement measures that are good for public safety, not for Conservative party funding.

Second readingCommon Sense Firearms Licensing ActGovernment Orders

April 1st, 2015 / 5:15 p.m.
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Conservative

Garry Breitkreuz Conservative Yorkton—Melville, SK

Mr. Speaker, it is interesting that the only comments those members can make are not related to the bill. We are here today to talk about Bill C-42. Why can the member not come up with some issues that concern Bill C-42, rather than some extraneous thing I have not even read and asking me to comment on it?

These are common sense firearms measures. If the member agrees with that, I hope he will support us. If he does not, how about some substantial criticism of the bill?

Second readingCommon Sense Firearms Licensing ActGovernment Orders

April 1st, 2015 / 5:05 p.m.
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Conservative

Garry Breitkreuz Conservative Yorkton—Melville, SK

Mr. Speaker, I want to continue from where I left off some time ago. The bill has been before the House for quite some time, so people may not remember those comments. I invite them to look them up in Hansard.

The changes that are proposed in Bill C-42 show just how serious we are about improving public safety and keeping the public safe from real threats rather than simply trying to take guns out of the hands of hunters and sports shooters. There are types of common sense measures that are important to bring forward. They keep the public safe without putting needless barriers on law-abiding Canadians. That is the main point I want to continue to make.

I would like to address one of the colossal problems that has been raised in the firearms community, and that has a direct impact on thousands of law-abiding gun owners.

In February of 2014, overnight and by the mere stroke of a bureaucrats pen, thousands of law-abiding gun owners became criminals. Without taking any action on their own at all, thousands of Canadians were unwittingly potentially the subject of criminal charges that came with a mandatory three year prison sentence. I am of course talking about the reclassification of the CZ858 and the Swiss Arms family of rifles.

Our government took swift and decisive action at that time to condemn this nonsensical decision and to put in place measures to allow people to use their property and to protect them from prosecution. However, at the end of the day, individuals who owned the impacted rifles were still in legal limbo. Their ability to use their property varies across the country. Their ability to sell their own property was halted. They could not even plan for the future use of their asset, given the amnesty had an expiration date.

This legislation would end arbitrary reclassifications once and for all. For the first time, the elected government would have oversight of classification decisions. On the advice of outside experts, elected officials would be able to overturn incorrect decisions. Additionally, once the bill receives royal assent, the impacted rifles will have their original classification status restored.

It is clear that these measures are safe and sensible, as everything else in the bill is. While the bill is by no means a panacea for all responsible gun owners, many think it is a good start, including me.

I know there are MPs in all political parties who support Canadian heritage activities that include hunting and sport shooting. It is my sincere hope that those members, regardless of their political affiliation, will support the legislation. It will save money and focus on fighting crime. If we listen to the experts who agree, the paperwork does not stop gun crime.

I would like to made a few additional comments.

Those who oppose this legislation are never able to explain how what they advocate will ever reduce crime. For example, there was a lot of talk about the gun registry when it was abolished that it would violate public safety, increase crime and all those kinds of things. Murders using long guns—that is rifles and shotguns—have steadily declined since the registry was abolished. If $2 billion had not been wasted but rather invested in measures that could improve public safety, we could have truly saved lives.

For example, if we had a stronger police presence in some areas of our cities, that would be effective. We need to promote healthy outdoor sports activities for the youth of Canada. That is healthy and good for them.

I would also like to point out that many people on the opposition side use the term “gun control” and they somehow equate it to public safety, but they never explained how it will improve public safety. The one thing they can never explain is how if one lays a piece of paper beside a firearm, it is somehow will control what criminals do with that firearm. It does not make sense. We are bringing in common sense firearm laws. That is what needs to be done.

If we look back in history, we can see that all the criticism the long gun registry received was valid. We changed that and crime did not increase. In fact, crime with firearms decreased.

The House resumed from November 26, 2014, consideration of the motion that Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts, be read the second time and referred to a committee.

Bill C-42—Time Allocation MotionCommon Sense Firearms Licensing ActGovernment Orders

April 1st, 2015 / 4:05 p.m.
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Conservative

Garry Breitkreuz Conservative Yorkton—Melville, SK

Mr. Speaker, it is a privilege for me to rise and support the minister on Bill C-42.

This bill has been around for almost six months. I have been listening very carefully to the debate here, there, and everywhere, and no new issues have come up. The only thing that I hear them complaining about is that there is another time allocation motion. If a bill has been around and has not been criticized in terms of its substance, I see no problem with it.

I would like to thank the minister for this bill. However, I would like to point out some of the incorrect things that have been said today.

That this bill would make guns easier to get is totally false. That it somehow would make it easier for guns to be transported in Canada is a comment that shows the lack of knowledge of the opposition members in regard to this bill, because it would not have any effect on the transport of guns. There was a statement that most guns are stolen from law-abiding people; how false that statement is.

We have all of these statements being made that are completely false. I wonder if the minister has any comment in regard to that.

Bill C-42—Time Allocation MotionCommon Sense Firearms Licensing ActGovernment Orders

April 1st, 2015 / 3:50 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, this is the 93rd time in this Parliament that the government moved a time allocation motion to impose closure.

The government tosses it around like it is candy, but there are serious ramifications.

First, on this bill, Bill C-42, only two members of the opposition have even been able to speak to it, because the government basically sat on it for four months, and now the government is imposing time allocation, closure, just like that.

The other problem, as members know, is that the government has the worst track record of any Canadian government in history in terms of having rejected pieces of legislation. It brings legislation in, it does not subject it to proper debate, it does not allow committees to actually scrutinize the legislation, and it then goes to the courts. In the last year, half a dozen pieces of legislation have been thrown out by the courts, because the legislation was so badly written that the courts could simply not stand for it.

The question is very simple. After two members of the opposition have spoken to this bill, the government is invoking closure. Why is the government so intolerant of debate, and why has it brought forward legislation that is rejected so consistently by the courts?