Penalties for the Criminal Possession of Firearms Act

An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in R. v. Nur

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

Sponsor

Peter MacKay  Conservative

Status

Second reading (House), as of June 10, 2015
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends section 95 of the Criminal Code to
(a) establish mandatory minimum punishments of imprisonment for indictable offences under that section that are committed for the purpose of committing another indictable offence under that Act or the Controlled Drugs and Substances Act or that are committed in a manner that, objectively speaking, creates a real risk of harm to another person;
(b) prescribe that, under certain circumstances, the offence is deemed to be committed in a manner that creates a real risk of harm to another person; and
(c) prescribe certain exceptions to the application of the section.

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.

November 27th, 2023 / 12:25 p.m.
See context

Conservative

Ted Falk Conservative Provencher, MB

Thank you, Mr. Chair.

I want to thank my colleague, the member for Red Deer—Mountain View, Earl Dreeshen, for a wonderful explanation of why we need to consider this subamendment. He really created a great platform to help Canadians who are watching on TV understand what this is really about, the importance of the work this committee does and the importance of the order in which we do things in this committee.

Thank you, Earl, for doing that. You've helped, I think, all of us around this table, and certainly viewers who are watching, to understand the importance of the work that we're doing here, as well as the importance of the sequence of the work that we're doing.

Getting back to the subamendment, which was to make sure that this committee will be hearing from witnesses from Timmins—James Bay, someone might ask questions. Why Timmins—James Bay? What is so important about Timmins—James Bay? Why do we need to hear those witnesses?

It is quite simple: There is a lot of natural resource activity in that particular constituency of the country.

I acknowledge that there are 338 constituencies in Canada, many of which have natural resources. Mr. Dreeshen talked very articulately about the natural resource sector in northern Alberta, but Timmins—James Bay has forestry and lots of mining. Some of the bigger mines there are the Alamos Gold project and the Victor Mine. We hear lots of the big names fairly regularly. They come to Ottawa and solicit tax dollars for consideration, but there are a lot of others.

The concern is that we're going to be looking after labour there. That's why they want to discuss these bills, both Bill C-50 and Bill C-49. They cite the concern of wanting to make sure that labour is properly addressed there. We know there is labour involved in mining activities.

I also want to point out to folks who are watching, and to this committee, that there are lots of junior miners we never hear about that also have employees who also need to be able to count on that paycheque coming every two weeks so that they can feed their families, heat their homes and put fuel into their vehicles. These are all things that have been very negatively impacted, Mr. Chair, by a carbon tax. We've seen the price of all of those things significantly increased by a carbon tax.

It's interesting that this Liberal government carved out a geographical area of our country and gave it a carbon tax exemption or holiday. It's very interesting, because apparently it's an ideological platform of this government to have a carbon tax, and now it's carved out for a geographical area—Atlantic Canada—a carbon tax exemption to make life more affordable there.

None of the other areas of Canada received that same exemption. They didn't receive it because they're heating with more fuel-efficient methods, like hydroelectricity or natural gas from Alberta. They experienced the same cost increases due to the carbon tax, yet they did not get the benefit of that carve-out exemption that was provided to Atlantic Canadians.

We know the reason that happened. It's because the Prime Minister's polling numbers were plummeting in Atlantic Canada, and he tried to address that by throwing them a bone, as we would call it in the industry. Maybe it was keep them happy and get their support onside.

There are people in Timmins—James Bay who have experienced the same increased cost of living in heating their homes, putting fuel in their vehicles and buying groceries at the grocery store, all of which have been impacted by the carbon tax. That's no small matter here. I think this committee should be seized with the cost that carbon tax has added to everyday living.

I want to list some of the junior miners that find themselves domiciled in Timmins—James Bay. I went on the Internet to get a list of the junior mining companies in Timmins—James Bay. I would like to make mention of them, because they're why we need witnesses from these mining companies.

They include Patriot Battery Metals, Osisko Mining, Li-FT Power, Critical Elements, Lithium Royalty, Brunswick Exploration, Fury Gold Mines and Arbor Metals.

As well, we have Azimut Exploration, Benz Mining, Power Nickel, Midland Exploration, Vanstar Mining, Max Power Mining, Superior Mining, Champion Electric Metals, Ophir Gold, Consolidated Lithium Metals, Hertz Lithium, Comet Lithium, Sirios Resources, FE Battery Metals, Targa Exploration, Harfang Exploration, Quebec Precious Metals, Canadian Critical Minerals, Lithium One Metals, ALX Resources, Stelmine Canada, Dios Exploration, Niobay Metals, Medaro Mining, Opus One Gold, Green Battery Minerals, Mosaic Minerals, Stria Lithium, Genius Metals, SPOD Lithium, Metalex Ventures, Battery X Metals, TomaGold, Clarity Metals, SLAM Exploration, Durango Resources, Lancaster Resources, Rockland Resources, Arctic Fox Lithium, K9 Gold, QcX Gold, Bullion Gold Resources, Victory Battery Metals, Brigadier Gold, Lithium Lion Metals, Musk Metals, MegaWatt Metals, Fabled Copper, Nordique Resources and Q2 Metals.

That's the listing that you can find on the Internet, Mr. Chairman, about junior mining companies in the James Bay area. There's a whole host of them there, and all these mining companies have employees who work in that area and are dependent on their paycheques. What we do in this committee matters. It matters greatly, and that's why it's so important to hear from them.

However, we also need to go back and look at the platform this premise is based on and why we need to reconsider, very carefully, whether we're addressing things in the right order here. We know that the Supreme Court issued a reference on Bill C-69, which is the impact assessment legislation this government passed, which has also been referred to in the industry as the “no more pipelines” bill. We know that there was a referral that struck down about 80% to 85% of that bill as being non-charter compliant or constitutionally challenged.

This committee should be absolutely seized with getting that legislation back here to committee and identifying the areas that the Supreme Court has referred to as not being compliant with the Constitution. We should be looking at those areas and correcting them, if they can be corrected. I suspect that in a lot of instances we're going to have to just discard big segments of that bill, because it just doesn't pass the litmus test.

I think it would be very wise of us to conduct a study on that bill first and to bring in witnesses from Timmins—James Bay and see how that particular piece of legislation has impacted their companies and impacted their employees, because the Supreme Court says that it doesn't work. Then, also, the Federal Court recently ruled that the ban on single-use plastics also wasn't constitutional. I know that the NDP-Liberal government is moving ahead with contesting that further and challenging that decision. I know it is a very welcomed decision from the Federal Court.

Mr. Chairman, I get into my riding very late in the evening when we're done here in Ottawa, and I like to treat myself. I swing through McDonald's on the way home and pick up a strawberry milkshake. I have about an hour and a quarter drive to my home from the airport, so I do that quite frequently. I was reminded again last week when I went home that I put that paper straw into the strawberry milkshake and started sucking it. Well, that just doesn't work so well. You have to look at the cost-benefit aspect, and with a paper straw, the suction that you need to get that triple-thick strawberry milkshake from McDonald's up the straw and to your palate takes an incredible amount of work. We very much welcome the decision from the Federal Court to strike down this plastic straw ban.

That decision is going to be welcomed by Canadians as they go to have their strawberry milkshakes, which are an important staple here in our Canadian diet. Both of these decisions are important to this committee. Our committee should be consumed with addressing these two pieces of... One is a regulation that came out of cabinet, I suppose—the plastic straw ban—but certainly the decision of the Supreme Court on Bill C-69 is something this committee should be bringing back and studying.

Why is it important to prioritize that? It is because both Bill C-49 and Bill C-50 reference Bill C-69, which the Liberals have proposed as the next pieces of legislation on our work schedule here at this committee. If they're referencing a flawed piece of legislation, we know in turn that this legislation is also flawed. That gives us many reasons that we should be prioritizing the study of Bill C-69 over Bill C-49 and Bill C-50. Let's get Bill C-69 right, or let's actually recall all of Bill C-69 and discard it and present legislation to this committee that will give Atlantic Canada a regulatory platform for tidal power.

We could talk more about Bill C-50, which was at one time called the just transition, and then industry referred to it more as an unjust transition, which probably more adequately described the intent of that bill. The Liberal government, in an effort to try to save face, renamed that bill “sustainable jobs”, when the sustainable jobs were already there. They're in oil and gas. They're providing above-average income levels for the families involved in that industry, and in the production of the world's cleanest and safest fuels by way of diesel fuel, gas, aviation fuel and liquefied natural gas.

When this Liberal government came to power back in 2015, there were 18 LNG projects on the board. Do you know how many of them have actually been built and are in production at capacity? Zero. Zero projects have been completed. It's important for Canadians to know that. The Liberal government has either been the cause of these projects being cancelled or of their not being completed.

Meanwhile, the Americans, whom we refer to a lot around this committee when we talk about the IRA.... To folks watching on TV, the IRA is the Inflation Reduction Act that President Biden has implemented in the United States. It's a massive spending bill. We always seem to want to compete with that piece of legislation on the Canadian side. I don't know why we're so eager to race to the bottom with Joe Biden, but for whatever reason, that's the direction the Liberal government has decided to pursue.

In spite of the IRA, and in spite of the massive spending and tax credit regime the Americans have created south of the 49th parallel, they have still built and completed almost half a dozen LNG projects. Canada had opportunities in Europe and Japan to sell our liquefied natural gas, coming from the cleanest processing plants the world has ever known. Our gas and oil industry has the cleanest and safest energy model. Instead of our being able to capitalize and sell to countries like Germany, the rest of Europe and Japan, our clean LNG products are now being sold by the Americans. That's another opportunity that has been missed by the government, while at the same time it wants so desperately to compete on so many levels with the American government on its IRA.

I guess another example of that is the massive amounts, the billions of dollars—I think it's close to $31 billion—that this government has committed to large multinational corporations that want to build battery production facilities here in Canada. We're going to be giving them $31 billion of taxpayers' money.

I think Canadians need to understand what this Liberal government has committed to here, because it is no small sum. It will create some jobs, but by the way, 1,600 of them, we're told now, will come from Asian countries in the form of temporary foreign workers. When Canadians were first told about the investment into these lithium battery manufacturers, I don't think they were told that these temporary foreign workers were going to be the mainstay of the employee workforce. That's something on which we haven't seen complete integrity and openness from this government, but it's come to light now. Many of these workers who are going to be employed in these battery plants that are being built on taxpayer dollars here in Canada are actually going to be foreign nationals. That's another aspect of trying to compete with the Americans on their IRA, on their Inflation Reduction Act. I think, Mr. Chairman, that's just a race to the bottom.

I think we, as Canada here, are incredibly blessed with our God-given natural resources, whether it's oil and gas, whether it's in our mining sector, or whether it's in our forestry, all things that this committee should really be studying. We need to develop these resources. They weren't given to us just to keep in the ground and stay buried, covered in a pile of dirt.

No, we have these resources, and we've been given these resources to be good stewards of them. I think the mining industry and the oil and gas industry have shown that they're responsible and that they are good stewards of the resources that we have here in this country. We have a phenomenal amount. We're the envy of the world.

We also have clean water. We probably have the largest amount of clean water resource on the globe, and I think our natural resources companies have been great stewards in protecting the integrity of our clean, fresh water resource that we also have here.

However, there's mining that needs to happen, and we know that Bill C-69 has made mining very difficult. It's happening in Timmins—James Bay with the regulatory process that's necessary to open up new mines and to continue to develop existing mines. It's very difficult, and that is something that needs to be studied.

Just recently someone pointed out to me—and it's not a recent fact but an age-old fact—that when we look at the air that we breathe, the composition of that air.... We hear so much about carbon and the need to reduce the carbon input and we hear that we're responsible for creating all this carbon pollution everywhere. It was pointed out to me that 78% of the air that we breathe is nitrogen and 21% is oxygen, so 99% of the air that we breathe is nitrogen and oxygen. The other 1% is comprised of argon and carbon, and 0.03% is carbon.

I don't have the data to show that it's true, but some folks say that the impact of the carbon in the air could be manipulated by about 20% by human activity. If that's true, then it would be 0.006 of 1%. That's six one-thousandths of a per cent of impact that all human activity could actually have on the quality of the air we breathe in relation to carbon. Those are things that we need to consider before we light our hair on fire talking about carbon pollution.

Do we still want to reduce pollution? Absolutely, we do. Do we still want to find out more efficient ways to burn hydrocarbons? We've seen the industry really step up and do that. We've seen miles per gallon per vehicle significantly increase in the last two decades.

I remember growing up in the 1970s. I'm a little behind my colleague Earl here, from Red Deer. He grew up in the 1960s and I grew up in the 1970s. I was really fond of muscle cars.

Some of the muscle cars that I owned at that time.... The very first one I ever bought was when I was 16. It was a 1970 Mustang Mach 1 with a 351 Cleveland automatic. It had a shaker hood. It had the louvres on the rear window. It was blue with black accents. It was a wonderful car. I would have been very lucky in those days to get 15 miles to the gallon—very lucky. I had an awful lot of fun burning that gallon of gas for every 15 miles I drove.

We have cars being produced today with the same amount of horsepower, or more, that will get 30 miles to the gallon. That's a testament to industry, to how far technology has come. We've reduced the amount of hydrocarbons we consume for the same amount of horsepower that we create, whether that's in gasoline-powered engines or diesel-powered engines. We know this carbon tax is particularly burdensome to our transportation industry, which has some of the heaviest users of diesel fuel in our country. We know that every semi truck driving down the highway is burning diesel fuel. The construction industry also is consumed with heavy equipment that—

Canada—Newfoundland and Labrador Atlantic Accord Implementation ActGovernment Orders

October 16th, 2023 / 7:05 p.m.
See context

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, it is always a pleasure to rise on behalf of the constituents of Kelowna—Lake Country.

I rise today to speak on the government's latest attempt at over-regulating, bureaucracy-building legislation, Bill C-49.

I have noted in this debate that several speakers on the government side have scarcely spoken about the details in their own legislation. They have spoken solely on the offshore renewable revenue they believe this bill would potentially offer to applicable provinces. I say “potentially” because if the government members had taken more time to study their own bill in greater detail, they would have found that Bill C-49 features such a mess of new red tape, it would be surprising if anyone could complete an offshore project of any kind, let alone have it generate revenue.

This is symptomatic of the government's approach to Canada's resource sector. For every talking point, there are miles of new regulations, new levers for federal bureaucracies to kill jobs and projects, and endless delays. Shovel-ready projects that start with Liberal photo ops are left to be strangled by bureaucratic Liberal laws and regulations.

After eight years, the Liberal government has continued to drop the ball on project after project. We would think the government might act with some humility after last Friday when the Supreme Court of Canada ruled that the government's previous pipeline-killing legislation, Bill C-69, was unconstitutional.

Conservatives warned the Liberals repeatedly that their no-more-pipelines act, Bill C-69, did not respect provincial jurisdiction, and was a power grab by the Prime Minister and his career activist environment minister to phase out these key sectors.

Liberals were called out by energy workers who wanted to keep their livelihoods; by indigenous communities wanting to sustainably develop their lands; by stakeholders in multiple sectors, including wind, hydro and critical minerals; by nine out of 10 provincial governments and every territorial government; and now by the Supreme Court of Canada.

I could speak for hours on the comments made by provincial and business leaders on the Supreme Court of Canada ruling against the unconstitutionality of the Liberal bill, Bill C-69, but I will mention just a few.

The Premier of Alberta said, “The ruling today represents an opportunity for all provinces to stop that bleeding and begin the process of re-attracting those investments and jobs into our economies.” The premier also said, “And we will continue to fight against Ottawa’s unfair overreach”.

The economies of British Columbia and Alberta have been closely intertwined, especially with the resource sector. Many residents in my community of Kelowna—Lake Country have worked in the resource sector in Alberta in the past.

The president of the Independent Contractors and Businesses Association of B.C. said in an interview on Bill C-69 that there is complexity, confusion and cost, and as a result, investors did not know if they were going to be investing in Canada, and whether or not they could get projects to “yes”. That was causing investors to pause and look at other countries rather than Canada.

The World Bank came out a few years ago and ranked Canada number 64 in the world in the length of time it takes to approve a project. That is a very embarrassing statistic for the country.

A 2019 C.D. Howe Institute report titled “A Crisis of Our Own Making: Prospects for Major Natural Resource Projects in Canada”, stated:

With investment in Canada’s resources sector already depressed, the federal government’s proposed Bill C-69 would further discourage investment in the sector by congesting the assessment process with wider public policy concerns and exacerbating the political uncertainty facing proponents with a highly subjective standard for approval.

That is exactly what happened. The cost of the Liberals' refusal to reverse course was billions of dollars in potential investment that was taken out of Canada. Energy projects that would have been built in Canada were instead built in countries with lower environmental standards and fewer labour protections.

This new bill, Bill C-49, should be removed by the government and completely revised because it applies provisions from that now unconstitutional bill, Bill C-69, to Canada's Atlantic offshore sector.

Looking at the core details of Bill C-49, it is very clear in the needless political roadblocks it seeks to create that it would stall projects in our offshore industries.

It triples the approvals timeline from the current framework and takes the final authority in the decision-making away from on-the-ground regulators to ministers in Ottawa. This is once again the Liberal philosophy of “Ottawa knows best”. What would be the result of handing the final approval of offshore energy projects to our Greenpeace activist environment minister? The answer is obvious: no good-paying jobs for hard-working Canadians and instead, political decision-making. We know this from other legislation, like the government's just transition bill, which is seeking to take away jobs from energy workers in exchange for employment that cannot guarantee the same levels of benefits or pay.

Why is the government seeking to hand operational control of the Atlantic offshore industry to a Liberal environment minister who the Newfoundland Liberal member for Avalon said did not understand the “issues of the region”? It is a question only the Liberals can answer.

Regulators who have worked in this sector and this region for years are better placed to make these decisions on a timeline that already works for both regulators and industry. Adding more red tape, which often does nothing more than repeat pre-existing environmental reviews, will do nothing to create good-paying jobs, particularly in renewables. We know this because of the unmitigated disaster the government made of a viable tidal energy power project in Nova Scotia.

Sustainable Marine Energy's Bay of Fundy tidal energy project had enormous potential to deliver clean energy for Canadians. Had it been built, it could have generated up to 2,500 megawatts, while bringing in $100 million in inward investment and eliminating 17,000 tonnes of carbon dioxide annually, the equivalent of taking nearly 3,700 cars off the road. The project was proceeding at pace under the Harper government, but after the Liberal government's election, Sustainable Marine Energy was snagged in a forest of red tape from the Department of Fisheries and Oceans.

After eight years, that company withdrew the project completely last spring. Despite $28.5 million of taxpayer money having been invested into the project, the government refused to release this clean green project from a regulatory trap of its design. The result: taxpayers are out $28 million, Canada loses out on a powerful source of green energy, and the people of Nova Scotia, who had this environmentally friendly project killed in front of them in Ottawa by bureaucrats, are forced to pay Ottawa's carbon tax now.

Bill C-49 will never deliver a dime of renewable revenue to provinces so long as the Liberal government regulates renewable projects like tidal energy out of existence. It will also not deliver revenue from vital offshore drilling projects when the now unconstitutional Bill C-69 enforces impact assessment reviews that last for more than 1,600 days, or when Bill C-55 allows the fisheries minister to select prohibited development areas solely on her call, the power which the legislation today also reaffirms.

The Prime Minister, in the aftermath of Russia's illegal invasion of Ukraine, said there was no business case for LNG exports to be shipped out through Atlantic Canadian ports to our European allies. The United States became the largest exporter of liquefied natural gas in 2021, as projects ramped up production and deliveries surged to Europe to alleviate the energy crisis there.

Just last week, one of Canada's closest and historic allies, France, signed a 27-year deal with Qatar for its LNG production. A 27-year deal would have been a fantastic way to generate revenue for Newfoundlanders, Nova Scotians, Albertans, British Columbians and Canadians. Instead, the Liberal government has no clue about the value of Canada's resources. Instead, it is focused on gaining more political control and its ideological job-killing agenda. It is not even a green agenda because, as I mentioned earlier, the government is happy to kill green projects just as slowly.

A Conservative government will support Canadians in every region by responsibly building energy projects of every variety that bring home jobs for Canadians. We will build green projects to sustain our environment, not just regulate them out of existence. We will champion Canada's world-class resources to our allies and we will deliver results.

The Liberal government only creates more red tape, regulates projects out of existence, drives away investment and brings more control to Ottawa. The Liberal government is just not worth the cost.

June 18th, 2020 / 6:05 p.m.
See context

Executive Director, Fairness Alberta

Bill Bewick

It's no secret that there's a huge problem with the lack of pipeline access, all of the hurdles that have come up since, and more hurdles that the government is considering putting forward through Bill C-48 and Bill C-69. That does mean that all of our oil prices are discounted at a huge rate, because we have a captive audience down in the U.S. that is our sole purchaser. There's that, and then there's the tech resources issue.

Recently, there's so much uncertainty. Everybody understands that Canada has always taken environmental responsibility very seriously, and the sector takes it very seriously. There just needs to be a clear path and clear goalposts that don't get moved. To get those investors back, we need to have confidence that this time the government won't be changing the goalposts.

Penalties for the Criminal Possession of Firearms ActRoutine Proceedings

June 10th, 2015 / 3:10 p.m.
See context

Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

moved for leave to introduce Bill C-69, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in R. v. Nur.

(Motions deemed adopted, bill read the first time and printed)