An Act to amend certain Acts and Regulations in relation to firearms

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Ralph Goodale  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 of this Act amends the Firearms Act to, among other things,
(a) remove the reference to the five-year period, set out in subsection 5(2) of that Act, that applies to the mandatory consideration of certain eligibility criteria for holding a licence;
(b) require, when a non-restricted firearm is transferred, that the transferee’s firearms licence be verified by the Registrar of Firearms and that businesses keep certain information related to the transfer; and
(c) remove certain automatic authorizations to transport prohibited and restricted firearms.
Part 1 also amends the Criminal Code to repeal the authority of the Governor in Council to prescribe by regulation that a prohibited or restricted firearm be a non-restricted firearm or that a prohibited firearm be a restricted firearm and, in consequence, the Part
(a) repeals certain provisions of regulations made under the Criminal Code; and
(b) amends the Firearms Act to grandfather certain individuals and firearms, including firearms previously prescribed as restricted or non-restricted firearms in those provisions.
Furthermore, Part 1 amends section 115 of the Criminal Code to clarify that firearms and other things seized and detained by, or surrendered to, a peace officer at the time a prohibition order referred to in that section is made are forfeited to the Crown.
Part 2, among other things,
(a) amends the Ending the Long-gun Registry Act, by repealing the amendments made by the Economic Action Plan 2015 Act, No. 1, to retroactively restore the application of the Access to Information Act and the Privacy Act to the records related to the registration of non-restricted firearms until the day on which this enactment receives royal assent;
(b) provides that the Access to Information Act and the Privacy Act continue to apply to proceedings that were initiated under those Acts before that day until the proceedings are finally disposed of, settled or abandoned; and
(c) directs the Commissioner of Firearms to provide the minister of the Government of Quebec responsible for public security with a copy of such records, at that minister’s request.

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

Sept. 24, 2018 Passed 3rd reading and adoption of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms
June 20, 2018 Passed Concurrence at report stage of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms
June 20, 2018 Failed Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms (report stage amendment)
June 19, 2018 Passed Time allocation for Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms
March 28, 2018 Passed 2nd reading of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms
March 27, 2018 Passed Time allocation for Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms

Rob O'Reilly Director, Firearms Regulatory Services, Canadian Firearms Program, Royal Canadian Mounted Police

As you can appreciate, there are many facets to Bill C-71. It is not the program's normal practice to speak to legislation that is before the House or the Senate. One element of Bill C-71 had the potential to impact firearms owners because of the date of June 30 that was written into the legislation.

Almost immediately after the minister rose in the House on March 20 and spoke to Bill C-71, the program started to receive telephone calls from firearms owners and individuals who were interested—if I can use that word—in these two particular firearms, the Swiss Arms and the Ceská Zbrojovka, as my Polish colleagues tell me it is pronounced—and that is the last time I'll use that—the CZ.

We almost immediately started to receive calls after the March 20 date, and felt at that point that it was important to start providing some information to Canadian owners.

We started working on a—

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Thank you, Chair.

Thank you, Minister and your officials, for coming.

The other day when we had Mr. Motz here for his testimony—it's his motion as you know—I started my line of questioning by offering an opinion. Shocking, I know.

My opinion was essentially about the fact that I'm very interested in measuring one's intent as opposed to one's actions. I'll preface that by saying that we deal a lot with Elections Canada here. If Elections Canada did not go through the motions of what was pending, then we would be in quite a bind if, preceding that election, working our way up to it.... There's a lot of groundwork to be done.

This particular situation is not divorced from that. I have a lot of gun owners in my riding, and the laws change. They go from registry to no registry, amnesty to no amnesty, and so on. Sometimes it's hard to keep up.

I appreciate the fact that you exercised due diligence to get this information out as quickly as possible so that people will be ready for it. I agree with you that the language used was insinuating something that did not exist. That's why I'm trying to think about the intent of this.

Mr. O'Reilly, could you talk about my comments? Was there an intention to do this? When was it brought to your attention that there is a method by which we pass legislation in this country and therefore we should defer to that when we're communicating what we do?

At the same time, I want you talk about the work you've done before Bill C-71 to get to that point.

November 1st, 2018 / 11:25 a.m.


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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Thank you, Mr. Chair and members of the committee. Thank you for the opportunity to appear on this subject matter today, the question of privilege raised by Mr. Motz.

As you pointed out, Mr. Chair, I'm accompanied by Deputy Commissioner Strachan and Mr. Rob O'Reilly, Director of Firearms Regulatory Services within the Canadian Firearms Program.

I'm sorry our time is a bit constrained this morning because of the vote in the House, but the House is the House.

For me as Minister of Public Safety and Emergency Preparedness, my key priority is ensuring the safety of all Canadians, and their confidence in the integrity of the government agencies that fall under my authority as minister. This includes the accurate use of departmental platforms to communicate information about all legislation, but in particular for the purposes of today, about Bill C-71. The subject matter is something that's important to me, Mr. Chair, because, as you will recall, in my previous roles, I have been a House leader in both the opposition and the government side, so procedure matters.

As outlined in the document entitled “Values and Ethics Code for the Public Sector”, government agencies have a fundamental role in serving Canadians, their communities and the public interest under the direction of the elected government and in accordance with the law.

Government agencies are to operate with the knowledge that legislation comes from Parliament and no other authority in Canada. That being the case, it is essential that these organizations continue to accede to the legislative process. All government agencies, including the Canadian firearms program and the RCMP, are expected to demonstrate respect for Parliament's privileges and to act with integrity. Integrity alongside transparency and accountability are the cornerstones of good governance and democracy.

I would like to take this opportunity to reaffirm categorically that the Canadian firearms program and the RCMP fully respect the authority of Parliament and the legislative process.

The mission of the Canadian firearms program is to enhance public safety by reducing the risk of harm from the misuse of firearms. To support these objectives, the Canadian firearms program uses online bulletins and website updates to communicate any changes in requirements to stakeholders as well as the general public.

Web updates are posted to inform about topics such as changes to the firearms licensing regime, modifications to the transfer process, revisions to classifications, changes to requirements for business and much more. These online updates are important to increase awareness among legal firearms owners and to increase compliance with the Firearms Act and the associated regulations.

On May 8, 2018, updates were made to the CFP website to inform individual owners and businesses in possession of certain Swiss arms or Ceská Zbrojovka model 858 firearms that classification changes had been proposed under Bill C-71.

As only certain Swiss arms and CZ858 firearms would be impacted by the proposed classification changes, the Canadian firearms program included information on the website to assist clients in determining whether their firearm would be impacted by the bill as introduced in the House, presuming that the legislation was finally enacted by Parliament.

The focus of the information was to provide an explanation of actions that would need to be taken by individuals by June 30, 2018, in order to be eligible for the proposed grandfathering provisions that were outlined in the draft bill. Information was also posted for Canadian businesses, as the regime proposed by Bill C-71 would have an impact on businesses that had firearms in their business inventory after June 30, 2018.

The objective was to allow these individuals and these businesses to be prepared and to avoid anyone inadvertently finding themselves in contravention of the law once it was passed. The updates related to Bill C-71 were done in good faith, and they were intended to encourage awareness and to educate stakeholders.

Following the publication of the information, concerns were flagged to the Canadian firearms program by the media and by other concerned citizens pertaining to the language that had been used in the web content to describe the status of Bill C-71. To immediately address those concerns, the Canadian firearms program consulted with relevant stakeholders and made revisions to the web content on May 30, 2018.

Following the question that was raised by the member for Medicine Hat—Cardston—Warner in the House, a further review of the website was undertaken and a complete set of edits was posted on July 3, 2018.

The language of the initial web content on Bill C-71 was not intended to assume the passage of the legislation, contravene the legislative process, or undermine the authorities of Parliament. The revised web content removed potentially misleading language and clarified the status of Bill C-71.

Mr. Chair, I believe the RCMP made good faith efforts to inform Canadians about the impacts of the legislation should Parliament pass it in its current form. Those impacts needed to be outlined for Canadians before the legislation was actually passed, as decisions would have to be made by those Canadians before the bill received royal assent. However, the website's original postings did not sufficiently convey the fact that Parliament was still considering Bill C-71 and that changes could be made to it.

We can see from the first update that the answers to the Q & A were changed to reflect what would happen if Bill C-71 were to be passed in its current form. In the second update, you can see that the questions in the Q & A were also revised and corrected.

Just as an example of this, Mr. Chair, in the original posting, the website asks how Bill C-71 affected individuals, and it answered that Bill C-71 would affect your CZ model 858 firearms in one of three ways. The second iteration of that same point contained a question from an individual trying to determine if his Swiss Arms or CZ model 858 would be affected by Bill C-71. In answer, the website stated that the information there was intended to provide guidance to firearms owners should Bill C-71 become law.

The final version, Mr. Chair, read as follows:

How would Bill C-71 affect individual owners of Ceská Zbrojovka (CZ) and Swiss Arms (SA) firearms?

Bill C-71 proposes changes that would impact some firearm owners in Canada. The information outlined below is intended to provide guidance to CZ/SA firearm owners should Bill C-71, as introduced in the House of Commons on March 20, 2018, become law.

You can see through those quotations the evolution of the language.

In endeavouring to keep Canadians as up to date as possible about the implications of legislation before Parliament, the RCMP did not sufficiently advise them that Parliament had yet to pass those changes. I believe, Mr. Chair, that it was an honest error and one that the RCMP corrected through the two updates to the site that I have referenced.

We apologize for the mistake and for any misunderstanding that resulted. We continue to be committed to providing Canadians with important information related to the requirements for firearms ownership in Canada. We commit to ensuring that this information will use clear language and accurately reflect the legislative process.

Finally, I would like to acknowledge the members present here today who brought this issue to the attention of the House and who spoke to the issue as parliamentarians. You have defended the legislative process and emphasized the continuing importance of transparency and accountability in government agencies. I thank you very much for that.

The Chair Liberal Larry Bagnell

Good morning.

Welcome to the 129th meeting of the Standing Committee on Procedure and House Affairs as we continue to study the question of privilege related to the matter of the Royal Canadian Mounted Police publications respecting Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms.

We are pleased to be joined by the Honourable Ralph Goodale, Minister of Public Safety and Emergency Preparedness. He is accompanied by officials from the Royal Canadian Mounted Police, namely, Jennifer Strachan, Deputy Commissioner, Specialized Policing Services; and Rob O'Reilly, Director, Firearms Regulatory Services, Canadian Firearms Program.

Thank you all for coming today.

Just before we start, we have some short committee business from Mr. Christopherson.

Criminal CodePrivate Members' Business

October 31st, 2018 / 6 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I would point out that the comments I am making do build on a pattern we are seeing, which is certainly relevant to the bill before us here today, Bill C-375.

The bills the government has introduced have tended to weaken penalties, as in Bill C-375. The penalties were weakened to as little as a fine for many other serious crimes, such as forging a passport, impaired driving causing bodily harm, the use of the date rape drug, the abduction of children, and taking part in gang violence.

Even when the Liberals claim they are targeting criminals, they manage to miss the mark wildly. In Bill C-71, the Liberals claimed to be going after gang-related firearms crimes. That is another example, as is Bill C-375. Nowhere in Bill C-71 is the word “gang” mentioned. Instead the bill focuses on law-abiding firearms owners and does nothing to reduce gang violence. Recently, the Liberals have been talking about a hand gun ban. All that will do is hurt law-abiding Canadians. We all know that criminals break the law. Adding another law will not change that. Bill C-71 and the proposed hand gun ban are smokescreens to hide the government's disgracefully weak record on crime, and its disturbing—

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Thank you, Mr. Chair, for allowing me to participate in the committee.

I'd like to start by setting some things straight. This is the Standing Committee on Procedure and House Affairs. What is happening right now is an inquisition of sorts to determine whether our colleague, a parliamentarian like each of us, raised a point that merits this committee's consideration. My colleague never attacked the minister. We aren't here to attack anyone or play politics. Rather, we are here to determine whether there was an error in procedure and whether this incident led to consequences. This incident could have involved a different issue, but as I understand it, this is the first time that something like this has happened and that the Standing Committee on Procedure and House Affairs is looking into it. It is clear to me that impugning Mr. Motz's motives is misguided on your part. If that's not what's happening, here, the fact remains that you've all asked questions to that effect.

As vice-chair of the Standing Committee on Public Safety and National Security, I worked on Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms. We proposed 46 amendments to the bill, to address such issues as the June 30 cut-off, which is in question here. In light of the trouble gun owners had in terms of their understanding, we proposed a change.

We aren't talking about lobster traps, here. We are talking about gun owners whose firearms are going to be classified as prohibited. June 30 is an important date. The RCMP posted, on its website, information for the public indicating that June 30, 2018 was the cut-off date. The legislation has not even been approved by Parliament. Privilege is therefore at issue. Privilege affects not just members who belong to the Conservative Party or the NDP. Privilege also affects Liberal members, who are parliamentarians and have a duty to consider the fact that a problem has occurred in this case. In other words, no matter which side of the table members are on, it is incumbent upon them to examine this problem. Right now, you could all care less about what I'm saying as you look down at your iPhones, but the fact remains that this is a problem, one that won't be solved by impugning Mr. Motz's motives.

First, the committee has to figure out where the directive came from, if there was indeed a directive. Did it come from the minister's office, yes or no? It's a simple question.

Next, the committee has to determine whether the RCMP has a practice of posting information before it even becomes law. If the RCMP is following a procedure that isn't appropriate, the force must be asked to change it, simply put. The only goal is to fix a problem that has been identified. The idea isn't to put anyone on trial. If the problem ends up being political, the responsibility will fall on the minister. If not, all the better.

That means the committee has to speak with the RCMP. The RCMP commissioner's mandate letter, which was presented by the minister, is clear. The minister asked the RCMP commissioner to change the force's practices in a number of areas. This may be one of the issues that the commissioner will have to address.

The big problem is that, for the first time, the committee has to deal with a case like this, one involving firearms. As I said, we aren't talking about lobster traps or fishing on the high seas. We are talking about firearms. Canadians could have been impacted. Indeed, some people worry that, because of the information the RCMP posted, they won't be able to retain their firearms under the grandfather clause. This could have caused people problems.

I think my colleague made an important point. This is our privilege as parliamentarians. If we don't think a breach of privilege has occurred, we can call it a day and let the public servants carry on. If we aren't able to get to the bottom of the matter, what purpose do we serve? Absolutely none.

Do I still have time, Mr. Chair?

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

This wasn't just my community. As you know, I had been involved in the discussions on Bill C-71, on social media as well as hosting and being involved in town halls and round tables for discussions on Bill C-71 with the Canadian public. As a result of those activities, there were many people following some of our social media feeds.

We received feedback from them, and other offices were also receiving information. I guess it would be fair to suggest that there was confusion. They were hearing that we were still debating this issue, and yet the RCMP was saying that it's going to happen: “It's happening now. You will have to do this. You will be doing this”, specifically about aspects of Bill C-71. So, yes, there was confusion and there was alarm. It's something that obviously we want to try to prevent.

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Absolutely. Let's look at this.

This is the bill of the Minister of Public Safety. Bill C-71 was his. It's his push to get it through, with time allocation in the House and a rush to get it through committee. Again, the committee did not allow for any amendments of any substance that were going to change the consequence of the bill.

It's fair to suggest that there was.... They're not going to be blind to the way government and the departments work. The people who put the information on the website got their direction to do it from somebody. The choice of language was not.... Was it an oversight? These are pretty bright people who clearly understand the implications.

I think they were under the impression that it was going to happen, either that or they were wilfully blind to the fact that it was still before Parliament, still before committee. It hadn't even gone to third reading, and hadn't been to the Senate.

People can suggest what they want to suggest, but the minister and his department are responsible for the communication on this bill and how it's acted out by an agency responsible to enforce it, which is the RCMP.

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Thank you, Mr. Christopherson. I appreciate your comments, and I would agree with them. I think it's fair to suggest that this committee, as has been suggested, needs to look at this in totality. It is similar to other cases in which contempt of Parliament has been upheld. I think this doesn't impact just me as an MP. This impacts the Canadian public in a way that's a little different, in that there were actions that could have been taken.

Regarding the intent behind this, whether it is, as you put it, a comedy of errors or some willful suggestion, I must make it very clear. I have many current and former members of the RCMP who are great friends and great police officers. I don't believe for a moment that behind all of this.... This is not in any way designed to malign the RCMP. There's nothing that could be further from the truth; that is not my intent.

But I think it's important to recognize that Bill C-71 gives the RCMP some reclassification authorities that they never had previous to Bill C-71. The Canadian public is suspect of that. When they see that an institution of the Canadian government—which is law enforcement, the RCMP—is even presumptuous in its language or believing that this is going to happen, it brings that organization into disrepute even more and discredits it. That's unfortunate.

We're here to ensure that the public institutions we hold true in this land have the confidence of our constituents. However this happened, which I'm confident this committee will certainly find out, it's important that there be mechanisms, checks and balances, that are placed there to ensure that those confidences can be maintained, that there are boundaries that bureaucrats and the agencies they answer to can follow, and that they clearly understand what those might be.

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Yes. First of all, many Canadians, including the law-abiding gun-owning community, are quite concerned about the ramifications of Bill C-71 and what it doesn't do for what we're trying to tackle, which is a gang and gun issue in this country, gun violence and gang violence. They're already concerned about the misguided approach that the government is taking with that.

Add on top of that the confusion that suggests we are now.... They didn't understand the process that they've circumvented Parliament. They were saying, “I thought you guys were still talking about this. Now I'm in a panic. Am I going to be a criminal overnight?”

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

I was being very polite. The responses that I'm getting from constituents, from Canadians, on Bill C-71 are not as politically correct as that.

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Thank you, Mr. Chair and colleagues.

I appreciate the opportunity to speak with you today about the conduct of the Liberal government and the RCMP, and their activities around the implementation of Bill C-71.

While I will attempt to present my remarks in a dispassionate way, it is challenging not to be angered at the arrogance shown by the Liberals in their presentation of this bill, and the systematic way the government ministers and MPs have tried to mislead Canadians. This is a contributing factor to the question of privilege I raised earlier this spring.

Here's the central issue: The RCMP began implementing a proposed law, Bill C-71, before Parliament had deliberated, debated and voted on the bill. The RCMP had posted on their website special bulletin number 93, a notice implementing portions of Bill C-71. At the time, the bill was before committee and under intense scrutiny. The bulletin made use of definitive language, giving Canadians the distinct impression that this bill was current law in Canada.

On May 29, I raised the issue that the RCMP was assuming Parliament would approve the bill, despite the significant reservations of millions of Canadians and many in Parliament. Within 24 hours of that question of privilege being raised, the RCMP modified their special bulletin number 93 to remove a presumption of Parliament's final decision. On that same day, May 30, I rose again to let the Speaker know of the recent change.

On June 19, the Speaker noted he was troubled by the careless manner in which the RCMP chose to ignore the fact that the bill was still before Parliament and not a law. This may seem like a technical issue, but this technical issue supports our very system of a parliamentary democracy. Prime ministers, ministers, departments and agencies are all subject to Parliament. Of all departments and agencies, a federal law enforcement one should not be so careless with Parliament and implementing laws.

Parliament is the voice for all Canadians, and it is beholden on us to scrutinize those laws, rules and regulations for Canadians. The message being sent to Parliament by the minister and by the RCMP is that they can act without Parliament. That contravenes the purpose of this House and those of you sitting around these tables today. It suggests that ministers and senior government officials are ultimately in full control, rather than the elected officials. As Speaker Regan said, “The work of members as legislators is fundamental and any hint or suggestion of this parliamentary role and authority being bypassed or usurped is not acceptable.”

Today, the members of this committee will have the first opportunity in Canada to set the standard for departments and agencies that assume the will of Parliament. We cannot allow the precedent to be and have a muted response.

A decision was made to implement legislation, despite the highly contentious nature of the bill and the serious and valid reservations from thousands of Canadians and parliamentarians. It falls on you, as this committee, to determine who made the decisions, who is responsible, and how we deter this from occurring again. The questions before you, as I see them, are many, but they could include this one: Did the RCMP set rules ahead of parliamentary decision independently, as opposed to being instructed to do so? There are only two potential answers: yes or no. If the answer is yes, then the RCMP made a decision to prioritize their objectives ahead of the voice of our elected representatives. The police in this country do not create the rules and the law; they enforce them. This is a fundamental function of the separation of powers in a democracy.

If the answer is no, then who directed the RCMP to proceed, and, conspicuous by his absence, where has the Minister of Public Safety been on this issue? The RCMP reports to Parliament through the minister, and the minister is responsible for its actions. I contend that if the minister did not actively instruct the RCMP, then he is guilty of failing to do his job of overseeing the RCMP. He has made no comments or statements to address the issue, other than through his parliamentary secretary, the member from Ajax, now the Liberal whip, and that member sought to have the issue dismissed.

I know the investigation the committee is now charged to undertake is not about this one instance. It is about the broader principle of ensuring that the House can hold prime ministers, ministers, departments, crown corporations and agencies to account for taking action that conflicts with, undermines or otherwise ignores directions and deliberations of Parliament.

Public servants should always be mindful of the House and our democracy. As parliamentarians, we can disagree, but the function of this House is dependent on the House reviewing and approving the actions of government. Members of Parliament are not here to serve the will of the prime minister and cabinet. We are here to serve our constituents. Ministers and prime ministers are subject to the direction and will of Parliament, not the other way around.

I urge all to look at the facts of the case and see the overall picture. It's hard to argue that the minister has approached this particular legislation with full integrity and transparency. When there is a systematic and consistent attempt to deceive, it becomes harder and harder to believe the individual in question.

So far, the government leadership has made factually inaccurate statements. It could be suggested that they were made to mislead the public on the true nature of this legislation. For example, the Prime Minister suggested that currently no one needs to prove that they have a firearms licence to purchase a firearm. The truth is that selling or buying a firearm in this country without a proper licence is a criminal offence and carries a maximum penalty of five years in jail.

The minister appeared before committee and used several misleading statements as well. He indicated that, based on Toronto Police Service stats, half of crime guns were from domestic sources. Even after those numbers were proven to be completely false, the minister continued to use them. He indicated that there was a sudden spike in violent gun crime, when in fact violent gun crime and homicide by firearm are not at record levels. He used selective dates and stats to create the appearance of a crisis where none existed. Finally, he reported a massive increase in break and enter to steal a firearm, when in fact this charge was first introduced in 2008 and the sudden increase was primarily the result of the application of a new Criminal Code charge where none existed previously.

I could go on with many more examples, but I believe the point has been made. The testimony of the minister and of this government to date has been flawed and misleading. The added fact that the RCMP, upon the issue being raised in the House, immediately revised their bulletin is nothing short of an admission of guilt.

The Minister of Public Safety replied to a letter from me and my colleague from Charlesbourg—Haute-Saint-Charles on an issue within the bill. In his reply, dated October 15 of this year, he acknowledged that there was a flaw in the legislation and he would grant the three-year amnesty, no doubt in part because of the overreach of the RCMP. However, there was no indication or responsibility of whether the bulletin from the RCMP was posted through ignorance or intent.

This falls to the investigation and the determination of this committee. It is therefore critical that a decisive and clear report show the prejudgment of Parliament to be a serious issue. This committee is responsible for upholding a key part of our Parliament and democracy, where ministers and agencies of the government must respect and abide by the House.

In closing, I would ask each of you to review the ruling of the Speaker. Putting aside political allegiances and party standing, Speaker Regan put the will of Canadians and their elected representatives ahead of the defence of party brands. He spoke truth to power and called on you to ensure that this Parliament and each one after it are empowered by the Canadians who voted for them, rather than obligated to follow a party hierarchy.

When ministers and parties use misinformation and positions of authority to obstruct the House in its duties, we put our democracy in jeopardy. Look beyond our disagreements and towards the values that bring Canadians together. These values must be reflected and upheld in our Parliament and in the ability of members of Parliament to hold each other and the government to the will of the people.

Thank you, Mr. Chair, for the opportunity to speak today.

The Chair Liberal Larry Bagnell

Welcome to the 128th meeting of the Standing Committee on Procedure and House Affairs.

This meeting is being televised as we begin our study of the question of privilege related to the matter of the Royal Canadian Mounted Police publications respecting Bill C-71, an act to amend certain acts and regulations in relation to firearms.

We are pleased to be joined by Glen Motz, member of Parliament for Medicine Hat—Cardston—Warner. Members will recall that Mr. Motz raised the question of privilege.

Mr. Motz, thank you for making yourself available today. You may now proceed with your opening statement.

Criminal CodeGovernment Orders

October 29th, 2018 / 4:15 p.m.


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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, it is an honour to rise today to speak to Bill C-84. I would first like to mention that I will be sharing my time with the member for Markham—Unionville.

Bill C-84 seems to be another example of the government striking a valiant attempt to make a change, yet it is an incomplete attempt, much like most of the legislation we have seen coming forward from the government. Some of these previous shortcomings include Bill C-45, the cannabis bill, which just came into effect a few days ago. Even though that legislation was debated in the House and passed roughly a year ago, there still remain multiple enforcement agencies, municipalities, regional districts and first nations that agree it simply was not complete or ready. It did not give the provinces or municipalities time to prepare.

After that was Bill C-46, the bill that dealt with impaired driving, which was tied to Bill C-45. We have now heard that because of the way Bill C-46 was drafted, there is no proof that the systems in place and the science and technology around identifying impairment, which was fairly standardized when it came to alcohol, are going to be effective when it comes to drugs. Not only do we have another piece of flawed legislation out there, but we have communities and enforcement agencies trying to scramble to figure out how to deal with that.

The next piece of legislation I am familiar with is Bill C-71, the government's firearms legislation, which, in listening to its rhetoric, is aimed at reducing gun violence, gangs and so on. However, the bill does not mention gangs or gun violence at any point in time. All it talks about is registering firearms and making things worse for law-abiding firearms owners.

The most current is probably Bill C-75, an act to amend the Criminal Code. That is a bill the government introduced to bring modernization to the Criminal Code. That bill has been bantered back and forth many times, but it is now at committee stage. My colleague from St. Albert—Edmonton is currently on the committee studying that bill, and members are looking at stacks and stacks of amendments to another government bill. I experienced the same thing when I sat in on the discussion on Bill C-69, when I happened to be substituting on that committee. I believe there were 600 amendments to that government bill. The bill was 300 pages long, and I believe 300 or 350 of those amendments came from the government side.

I continuously see the government putting forward draft legislation for debate in this House that it has not thought through or consulted on properly, and it just ends up being hashed about at committee. We have seen the Senate return a number of bills to this House with amendments. Worst of all, we see communities, enforcement agencies and the public trying to figure out how they are going to manage or work around this poorly drafted legislation from the government.

Turning back to Bill C-84, an act to amend the Criminal Code with respect to bestiality and animal fighting, I praise the government for bringing forward legislation to deal with this. I agree we need to do what we can, as legislators, to bring in legislation to protect people, protect the innocent and protect animals from the abuses we have seen. Also, to protect them from the ways criminals have been able to skirt the laws through definitions, different interpretations in the courts and so on. On that point, I will give the government credit for at least attempting to do something right.

When I look at this bill, I also see where it comes up short in some cases. I compare it to an insurance policy. I think everyone here has had an insurance policy and has taken a close look at it. Some have possibly made a claim through that insurance policy only to find out that the claim is denied because in the fine print something was excluded.

We may get a chance to amend this bill in committee. Even though it is a short bill and one would not think it needs much amendment, I do not believe it is perfect and I will be talking to committee members about possible amendments going forward.

When I see that the bill includes a phrase that basically bans the fighting or baiting of animals or birds, I question whether that is going to impact our provincial hunting regulations. I have not yet been able to have full discussion with anyone to determine this. In some provinces, it is completely legal and within ethical standards to plant crops to attract wildlife, such as deer and elk, to certain areas for hunting purposes. Those are perfectly accepted standards that continue to this day. In fact, many of those standards actually improve the chances of correct and humane harvest of those animals because they are at a baiting station.

That is why I question the wording in this bill. I will be following through further on this to make sure that this bill, like many other bills the government has put forward, is not flawed after it gets through committee. I want to make sure we are protected in those ways.

Another thing that troubles me with this bill is why it took the government almost a year to introduce its own bill that is identical in most ways to a bill introduced by a member from our side of the House, the member for Calgary Nose Hill. Her bill was introduced in December 2017, and yet the government sat on it and did not move it forward for debate. The government could have had this process done by now and given credit where credit was due, to the person who brought the issue forward.

It seems to be a continuous mantra of the government to not do anything until it is caught not doing anything. We see it when we have witnesses appear at committee to give testimony. We see it in the Auditor General reports. It just seems to be a continuing theme.

In fact, I had the same experience myself. I introduced a private member's bill a couple of years ago to recognize volunteers in search and rescue situations. Just a few weeks later the government announced that it was going to create service medals for search and rescue volunteers. Again, it was not doing anything until it got caught not doing anything.

That is the case here. It is disappointing that the government has to be shown the way forward by members on our side. We see this quite often with the opposition day motions we bring forward. In fact, we had another one just last week. We put forward an opposition day motion that the Liberals could have easily acted on much sooner, but we had to force their hand by forcing the argument and putting it to them to make them step up to the plate. It is just another case of, as I said, not doing anything until they are caught not doing anything. Then they get caught in a bind and have to put out something that is not complete, not well-thought-out and not well-processed.

With that, I am finished my comments. I know I will be receiving questions on this.

FirearmsPetitionsRoutine Proceedings

October 26th, 2018 / 12:05 p.m.


See context

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, the other petition is in regard to Bill C-71, an act to amend regulations related to firearms. It would do nothing to tackle firearms violence, but would add further red tape to law-abiding firearms owners. Therefore, the petitioners are calling upon the House of Commons to scrap Bill C-71 and to devote greater resources to policing in Canada.