Bill C-47 (Historical)

An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments)

This enactment amends the Export and Import Permits Act to
(a) define the term “broker” and to establish a framework to control brokering that takes place in Canada and that is undertaken by Canadians outside Canada;
(b) require that the Minister take into account certain considerations
before issuing an export permit or a brokering permit;
(c) authorize the making of regulations that set out additional mandatory considerations that the Minister is required to take into account before issuing an export permit or a brokering permit;
(d) set May 31 as the date by which the Minister must table in both Houses of Parliament a report of the operations under the Act in the preceding year and a report on military exports in the preceding year;
(e) increase the maximum fine for a summary conviction offence to $250,000;
(f) replace the requirement that only countries with which Canada has an intergovernmental arrangement may be added to the Automatic Firearms Country Control List by a requirement that a country may be added to the list only on the recommendation of the Minister made after consultation with the Minister of National Defence; and
(g) add a new purpose for which an article may be added to an Export Control List.
The enactment amends the Criminal Code to include, for interception of private communications purposes, the offence of brokering in the definition of “offence” in section 183.

Export and Import Permits Act

[The Deputy Speaker, Bruce Stanton]

I wish to inform hon. members that there have been more than five hours of debate on this motion since the first round. Consequently, all subsequent interventions shall be limited to ten minutes for speeches and five minutes for questions and comments.

Resuming debate, the hon. member for Sherwood Park—Fort Saskatchewan.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, it is a pleasure to rise to debate Bill C-47, a bill that implements an international arms control treaty. It is fascinating listening to the members from Glengarry—Prescott—Russell and Kitchener Centre on the government side. We heard so much about the government's intentions. They said that the bill intends to do this and that, and that the government does not intend to cause any problems for law-abiding firearms owners but to address arms control internationally. It lays bare a fundamental difference in the foreign policy approach of the official opposition and the government, which is that the government is always chasing an optic, in general, but especially when it comes to our foreign policy, without looking at the details.

My colleagues on this side of the House have very ably laid out the practical problems with this legislation and the practical reality that we already have a strong system of arms control in this country that achieves the stated objective. The government members barely engaged in a discussion on this point. Instead, we heard them laud their own intentions.

Let me tell the members opposite that on many of these issues, we have the same intentions, but we have read the bill and looked at the treaty and have heard specific concerns from our communities about its substance, especially insofar as we already have a strong system in place.

We oppose the bill on the grounds that it complicates existing arms control mechanisms that are working very well at present, and that in the process, it introduces substantial problems for responsible law-abiding Canadian firearms owners. I want to start by talking about some of those core substantive issues in terms of existing and proposed new arms control measures and then talk specifically about what I am hearing from firearms owners in my riding about the way the government is treating them.

On the substantive side, Canada already has a strong and effective system of arms control that, in practical effect, exceeds the system proposed by the UN treaty. It includes the Trade Controls Bureau, through which the responsible minister prevents us supplying military equipment to countries where those exports might threaten Canadian security or be used in an internal or external conflict in general. I should say that it is supposed to do that depending on the decision the minister makes. It includes provisions that allow a complete ban on trade with high-risk countries. Under the present system, the Canada Border Services Agency and Statistics Canada collect all such information on goods exported from Canada.

Therefore, we are already doing exactly what we need to do and are meeting the objectives laid out by the member for Kitchener Centre. We are already doing those things, keeping weapons from bad actors and out of dangerous situations and, in any event, certainly tracking our exports.

Some might argue that signing on to this UN treaty is important to align Canada with other nations. One of the members opposite mentioned the nations that had initially signed on to it, but if we look at the actual ratification record of countries, we note that the countries accounting for a majority of the sales of military equipment have not signed on to it, so this treaty is not at all establishing an effective international regime that we can align with.

We already do arms control and do it well, so at best, Bill C-47 is a solution in search of a problem. Paradoxically that was the defence of it by the member for Glengarry—Prescott—Russell. He told us that it is not really changing anything anyway, which is at odds with what the member for Kitchener Centre said. The member for Glengarry—Prescott—Russell told us that it is not changing anything, but the member for Kitchener Centre told us it is going to save the world. It is one or the other. Maybe it is somewhere in-between. Probably, based on our evidence, it is making things worse.

At best, if we take the member for Glengarry—Prescott—Russell at his word, it is a solution in search of a problem. However, our contention is that it is worse than that, because the treaty fails to recognize the legitimacy of lawful firearms ownership and creates all sorts of unnecessary problems and red tape for responsible firearms owners. Most critically, it effectively recreates the federal gun registry by requiring the tracking of all imported and exported firearms and requires that this information be available to the minister for six years. Given that those are calendar years, it could be up to seven years.

Firearms groups and individual owners have repeatedly expressed concern about the implications of this. They want a strong system of arms control, but they point out that in fact we already have one.

Beyond that, firearms owners are generally frustrated by a constantly shifting classification system that does not provide any meaningful certainty to law-abiding gun owners. A gun could be legal today and illegal tomorrow, without even the due process of an order in council.

I also want to make some points in general about the government's approach to firearms owners.

I know that many people in the House have certain ideas about who gun owners are. These presumptions or stereotypes lead the government to dismiss the legitimate concerns and suggestions of people from the firearms owning community. When everything we know about a particular community comes from movies and media, we are perhaps liable to come to incorrect conclusions.

I ask the government to pause and look again and to listen to the many law-abiding firearms owners in this country. Most people who own guns are not like Al Capone or even James Bond. They are scrupulously careful with their firearms and use them for recreation and, perhaps, to hunt responsibly for food.

The responsible use of firearms can be something around which people build community. Just like some of us get together over drinks or to play sports, some Canadians enjoy spending time with their families and friends at the range or out hunting. For some people, guns are also an important part of their family history. In these cases, making it harder for people to possess their guns means we are trying to take away people's valuable family heirlooms.

I ask the government to think about these gun owners, people whom we might not have met but who do not deserve to be judged on the basis of uninformed stereotypes. Liberals, who supposedly champion diversity and openness to experience, should be open to learning about the legitimate aspirations of firearms owners, aspirations that can be effectively and responsibly integrated with a commitment to public safety.

With that in mind, in the remaining time I have, I will read at some length an essay written by one of my constituents who is a firearms owners. He asked that I share this anonymously. He writes the following:

I am the gun owner that is a loving husband and father, I raised great kids and still love my high school sweetheart 27 years later.

I am the gun owner that deplores violence, I respect the police and the law. I fly a Canadian flag in my yard.

I am the gun owner that is a sports coach, a community leader, an involved parent, and the father that booked off work for all those field trips with our kids when others were busy.

I am that gun owner that stopped on that icy highway and brought your wife and child to safety from their stuck car on a cold night....

I am that gun owner that has a successful business, employs people with good jobs and fair wages. I am the gun owner that ensures respect, fairness and proper treatment of people, I speak out against harassment and racism.

I am that gun owner that believes firearms safety and training are paramount to have a successful firearms policy in our country.

I am the gun owner that stores his firearms properly and safely, respects the privilege of owning firearms, and is a respected and committed member of the community, that cares deeply about the safety of your children and mine.

I am the gun owner that lives on your street, down the alley or at the end of the block, I am the one that waves, pushes your car when you are stuck, and my kids and I are the ones that shovelled those neighbors driveways when they needed help, someone passed away or a neighbour fell ill.

I am the gun owner that has firearms for sports shooting and hunting and recreation, my firearms have been passed from generation to generation, my firearms are of all types and many are well over a hundred years old, they have never been used in anger or against another. They are my family history, heirlooms and always used safely and with respect for my family, neighbors and friends. Many belonged to my great-grandfather, grandfather and father....

I am the gun owner who is proud, and enjoys the wonderful people I have met in the firearms community, my dear friends they have become, they are good people worthy of my friendship.

I am the gun owner, that should not be blamed for gang violence, smuggled and stolen firearms, failed public policy not holding criminals responsible for their actions, or drugs in our community. I am responsible for none of these things. But if I was the Public Safety Minister, I would take real action against these plagues on our communities.

I am the gun owner that believes the Government should focus on passing legislation like Wynn's Law, that would make criminal history mandatory at bail hearing's so that if suspects are released into our communities, the Justice releasing them is aware of the risks to our families, our communities and our police officers....

I am the gun owner that requests your support for our heritage sport, target shooting, responsible and ethical hunting practices and acceptance that the two million plus Canadian gun owners are your friends, neighbours and the people who help make caring communities up.

I am the gun owner that recently had his 10/22 magazines status changed to prohibited by this government, effectively making farmers, sports shooters and good Canadians into criminals without notice, without cause or justification. Many who are unaware now face incarceration and don't even know it. If the Liberals are going to turn law abiding citizens into criminals they should at least communicate this to the citizens. I will do my best to let everyone I can know about their actions.

I am the gun owner who will not be silent anymore. I will be politically active, I will speak up, I will endorse the right candidates to speak for my community, I will speak to factual evidence....

I am that Gun Owner.

I am thankful for the opportunity to share that on behalf of my constituents, and to oppose to bill.

[Matt DeCourcey, Liberal, Parliamentary Secretary to the Minister of Foreign Affairs]

Mr. Speaker, I want to thank my colleague for sharing that piece of correspondence from his constituent. I am happy to share the proper reply to that constituent with him, and he is welcome to take it. It would go a lot like this:

The goal of the Arms Trade Treaty—and this is for my friend's constituent—is to ensure the international trade in conventional arms does not contribute to international conflict and instability. Canadians are in favour of that. The treaty is about the import, export, and international brokering of arms. It does not affect domestic gun controls. Nothing in Bill C-47 would affect domestic controls and the lawful and legitimate use of firearms. It would not create a registry of conventional arms.

In fact, record-keeping for the import and export of arms in Canada has existed since the 1940s. It existed under the Conservative government, and the member can explain that to his constituent. Bill C-47 would leave in place the same record-keeping of conventional arms that was used under the previous government. Again, the purpose of the Arms Trade Treaty is not about restricting the legitimate, lawful use of firearms, and that is recognized in the preamble of the treaty itself.

That is a message that my friend can share with his constituent. Does he want to take me up on the offer of sharing that response?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I will certainly share the full video and record with my constituent, and he may be contacting that member's office directly with some follow-up thoughts.

However, if I can respond for the time being, the member spoke about the goal of the treaty, and this is exactly the point. With respect to foreign policy, we hear government members repeatedly saying, “our goal”, “our intention”, and “Here is what we are trying to do.” That is all well and good, but we are going to hold them accountable on the basis of what the government is actually doing, not its intentions. Our job is to look at the details and to challenge the government on action, not just on intention. That is what the government will be held accountable for, because that is what affects people on the ground. It is not the intentions of the government that affect people on the ground; it is the actions of the government.

I spoke in my speech about how the changes to the tracking and retention of records are the basis for significant concern from firearms owners and from stakeholders who represent firearms owners. The government would have us believe that they are all wrong to be concerned. However, we are going to listen to the firearms owners community when they highlight the fact that we already have a very strong system of arms control that, in its practical effects, exceeds what is proposed under this treaty, and that this treaty would meaningfully change things that are relevant to their lives.

[Colin Fraser, Liberal, West Nova, NS]

Mr. Speaker, Bill C-47 would introduce controls on brokering the transfer of arms from one foreign country to another. I know the member has talked about other concerns, but I wonder if he would recognize the importance of this measure to combat the illicit trade in conventional arms and the human rights violations associated with it. Does he agree with that?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I said during my speech that I share the intention of combatting the illicit sale of arms and addressing human rights issues that were raised by this member, the member for Kitchener Centre, and others. However, the reality is that Canada already has an extremely strong system of arms control that, for its practical effects, exceeds what is being proposed under the Arms Trade Treaty.

Again there is this dissonance, in a way, coming from the government. Some government members are saying, “Do not worry; it does not change anything”, while others are saying, “No, this is really important.” Which is it?

We think it would not help in dealing with the international illicit arms trade, because we already have the mechanisms and provisions in place. However, some of the changes we talked about would have an impact with respect to responsible domestic gun owners and the added red tape that would come with this legislation. It is for those reasons that we oppose the bill.

[Bob Zimmer, Conservative, Prince George—Peace River—Northern Rockies, BC]

Mr. Speaker, once again we see the difference between what Liberals understand about the bill and what the reality is on the ground and how it would affect firearms owners in Canada and firearms sellers and exporters in Canada. I would like the member to fully explain so that members fully understand.

They defend some aspects that we agree on. The illicit arms trade is exactly something that we want to get to the bottom of and want to stop. Can you explain for the members across the way why this is really a big deal to our constituents in rural Canada and why another form of registry is a big deal?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, obviously Canadians, rural Canadians as well as urban Canadians, had many concerns about the long-gun registry. Some of it was the cost factor. There was a massive cost overrun. There was also the level of suspicion with which firearms owners are continually treated.

That is why I thought it was important in my speech today to emphasize that firearms owners do not look like a lot of the stereotypes. A lot of people who do not know firearms owners, or maybe do not know that they know firearms owners, have ideas that come from media and movies about what guns are used for, without understanding and appreciating the cultural significance, the recreational significance, and the family significance for many people. The long-gun registry and the way the government continues to approach these issues just demonstrate that the Liberals are out of touch with that experience of very many Canadians.

[Ali Ehsassi, Liberal, Willowdale, ON]

Mr. Speaker, we live in a world where global actors seek global solutions for global crises and where the international community and international law play an indispensable role in creating a safer, more secure, and more stable international order. It is in that spirit that I rise today to discuss Bill C-47, an act to amend the Export and Import Permits Act and the Criminal Code.

The implementation of the obligations contained in the bill before us today represents a firm Liberal campaign commitment and is of great concern to a great many Canadians. Bill C-47 marks a common sense and long-overdue commitment on the part of the Canadian government to fully accede to the Arms Trade Treaty and strengthen Canada's arms export regime.

Our accession, in other words, would, first, create a legal obligation for the Minister of Foreign Affairs to consider certain assessment criteria before issuing an export permit or a brokering permit; second, define brokering activities and establish a framework to control brokering that takes place in Canada or is undertaken by Canadians outside Canada; third, set May 31 as the date by which the Minister of Foreign Affairs and the Minister of International Trade must table in both Houses of Parliament a report of the operations under the EIPA and a report on military exports in the preceding year; fourth, increase the maximum fine for a summary conviction offence from $25,000 to $250,000 in order to support enhancement and encourage compliance; fifth, replace the requirement that only countries with which Canada has an intergovernmental arrangement may be added to the automatic firearms country control list with a new requirement that a country may be added to the AFCCL on the recommendation of the Minister of Foreign Affairs after consultation with the Minister of National Defence; and sixth, add a new purpose for which an article may be added to an export control list: to facilitate the collection of information on goods that have been, are, or are likely to be subject to trade investigations.

The need for a strengthened international arms regime is abundantly clear. Most estimates suggest that there are over 875 million small and light arms in circulation worldwide. This number is roughly equal to the number of cars or tablets on the planet. To appreciate the magnitude of this figure of 875 million, let us consider that this number is twice the number of people who lived under the British Empire in its heyday. To look at it differently, this number represents 252,306 guns for every Tim Hortons in Canada. In the absence of common sense regimes and international co-operation to prevent the spread and proliferation of small and light arms, this number represents an astounding threat to global stability. Armed violence kills approximately 508,000 people every year on a global scale. It is important to emphasize that most of these people are not living in conflict zones.

The Arms Trade Treaty ensures that countries effectively regulate the international trade of arms so that they are not used to support terrorism, international organized crime, gender-based violence, human rights abuses, or violations of international humanitarian law. Several measures within the ATT help address these pressing concerns. Perhaps most significantly, article 6 prohibits states from authorizing the transfer of arms if they possess knowledge that the arms would be used “...in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes....”

In addition, article 7 requires states to examine whether their arms exports regimes “would contribute to or undermine peace and security”.

Quite simply, our government believes that regulating the international arms trade is essential for the protection of people and human rights. It is precisely the type of issue on which Canada was once regarded as a global leader. It is on these types of issues that our government once again seeks to return Canada to a principled and forceful foreign policy based on respect for human rights and international law.

Let us remember that formal negotiation of the ATT began in 2006, arising from a growing concern within the international community regarding the proliferation of small and light arms across the globe. The growing security threat posed by these weapons and the lack of international co-operation on this issue were of grave concern. Unfortunately, as this process unfolded, Canada largely remained on the sidelines. As of this spring, 91 states had both signed and ratified the treaty. It is important to highlight that Canada remains the only NATO ally and G7 nation that has not signed or ratified the Arms Trade Treaty.

The bill before us today will rectify this. Bill C-47 would bring Canada into full compliance with the ATT and set global standards into Canadian law.

Acceding to the treaty is not just about Canada's arms trade regime; it is also about Canada setting a principled standard and embracing the need for coordinated global action.

The regulations before us were developed in a transparent, deliberate, and comprehensive fashion. More importantly, our government is matching words with actions. Budget 2017 allocated $13 million over five years to allow Canada to implement the Arms Trade Treaty and to further strengthen Canada's export control regime. Moreover, we are also contributing $1 million to the UN Trust Facility Supporting Cooperation on Arms Regulation to ensure that we assist other countries in acceding to this treaty.

We are doing this because our government understands that as global security threats become increasingly diverse, dispersed, interconnected, and interdependent, Canada cannot afford to sit idle or to go it alone. We should never neglect our international responsibilities for reasons of domestic pandering or narrow-minded ideology. Canada has a moral obligation to accede to the ATT, and I am proud that our government has taken these concrete steps.

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, I have listened intently, and there has been more than a little misinformation coming from the other side. The Liberals are saying that all NATO allies have signed the UN Arms Trade Treaty. The United States, our closest ally and a NATO member, has not signed the ATT. Therefore, will the member correct the record and ensure that Canadians understand that the United States, Russia, China, Israel, and North Korea have not signed it? This utopian view of the Liberals that signing this treaty will magically clean up the illicit trade of defensive weapons and firearms around the world is nothing but a sham to get their backdoor gun registry in place and delegitimize all lawful owners of firearms here in Canada

[Ali Ehsassi, Liberal, Willowdale, ON]

Mr. Speaker, I have had the privilege of listening to the debate on this issue this morning. I have to say that if there is anyone who should rectify the record, it is my good friend across the aisle.

There is no doubt that there is an international consensus on this issue. There is no doubt that our allies to the south have signed on to this treaty. This treaty represents international consensus on a very significant issue. However, my friends opposite are choosing to mislead Canadians and use this issue for short-term fundraising objectives. That, I submit, is absolutely the wrong way to approach this very significant issue.

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, I note the individual said over and over again international consensus. We are aware and very sure of the fact the U.S. has not signed-on to this agreement, nor Russia, China, Iran, North Korea. These are very significant players, when we are talking about international arms.

I would like the member to again take this opportunity to stand up, and basically correct the record, that the U.S. and these other countries that are not our allies, and I would probably use another word for them, are not part of this treaty and therefore, its significance is minimal.

[Ali Ehsassi, Liberal, Willowdale, ON]

Mr. Speaker, it is not for me to correct the record. The reality of the matter is that this particular treaty represents an international consensus. For the record, every country actually agreed to the terms of this treaty. The three countries that did not represent the mainstream support of this particular bill were Saudi Arabia, Iran, and North Korea.

The member should know that even the previous government did support the principles contained in this agreement. Therefore, why, all of a sudden, is the member trying to pretend that this would not do good or enhance global co-operation to deal with a very significant issue? It is truly mind-boggling.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, apropos the last exchange we just heard, I would like to remind members of the House that one of the treaties Canada can be most proud, for which the organizers won a Nobel Peace Prize, was the Ottawa Treaty to ban land mines.

We are now approaching the 30th anniversary of that treaty, which has saved tens of thousands of lives around the world. It has been a very effective treaty. However, to this day, Russia, China, India, and the United States are not parties to it, but the clearing of land mines, the prohibition on their trade, has been effective in countries around the world beyond those that have actually signed the treaty.

It is true that President Obama signed the Arms Trade Treaty, and that President Trump shows no intention of ratifying it. However, fixing the loophole that would allow conventional arms to be sold through the United States without tracking them, and potentially going to other countries in violation of the treaty needs to be fixed. I will put to my friend on the other side that Canada's role in ratifying is an important step in saving lives around the world.

[Ali Ehsassi, Liberal, Willowdale, ON]

Mr. Speaker, I thank the hon. member for once again speaking out much more eloquently on this issue then I could ever do. Yes, as the member is aware, but other members are not, there is a distinction between signing and ratifying.

For the members of the loyal opposition to pretend that the U.S. has not signed the treaty would simply add more confusion to this issue and mislead Canadians. Therefore, I would ask them to correct the record, and inform Canadians that it has been signed by the U.S.A.