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

Firearms ActGovernment Orders

September 20th, 2018 / 10:35 a.m.


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Conservative

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

Madam Speaker, I want to point out to the minister that the basic premise of Bill C-71 has been flawed from the outset. Rising crime rates have nothing to do with the hunting and sport shooting community. We all know this will do nothing to combat gang crime.

I do have another fairly complicated point I want to raise, and it has to do with discrimination. This bill is blatantly discriminatory. When it comes to security, I think gun control should apply to all people.

Right now, special provisions apply to indigenous peoples. The minister talked about it just now, but there is no mention of it in the bill, and it was not discussed in committee. I know it has to do with section 35. Nevertheless, the point is that all people use firearms, yet indigenous and non-indigenous individuals are treated differently. When it comes to firearms, there should be one set of rules for everyone. That is why indigenous individuals told the committee that Bill C-71 is irrelevant to them.

How can the minister think it is okay for an indigenous person to do whatever he or she wants with a firearm even as the government tightens the rules for hunters and sport shooters?

Firearms ActGovernment Orders

September 20th, 2018 / 10:30 a.m.


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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Madam Speaker, the practice was changed by the previous Conservative government in 2012. Actually the law was changed so that this became a voluntary provision. The law now says the vendor simply has to have “no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm.” In other words, they do not have to ask. They can ask, but they do not have to ask.

Of course, vendors have that option, and all the reputable ones that I know actually ask the question to determine that the licence is still valid. Most businesses probably behave in that way. It is just common sense. However, if someone without a PAL is looking to get a shotgun, for example, that person is more likely to try to buy it from a vendor known not to run the licence check.

Bill C-71 would make it an offence not to verify the licence. This is not only important to stop those who have never had a licence from acquiring a non-restricted firearm. If a gun shop is dealing with a regular customer, the sales clerk might be tempted not to check the licence that he or she has probably seen many times before on previous transactions. However, if that customer had recently lost their PAL due to a court order, the sales clerk would have no way to know that unless he or she actually checked its validity with the registrar. Customer service will be important so that verification can be done in a quick and efficient manner.

On firearms record-keeping, Bill C-71 proposes to make record-keeping of non-restricted firearms a requirement for all businesses. With proper authorization, police will then be able to better trace the origins of firearms found at crime scenes. This was a requirement for businesses from 1979 until 2005. It is also a standard requirement across virtually all of the United States. It is simply a good business practice commonly applied already by major retailers like Cabela's, Canadian Tire and many others.

Some people have suggested that this will amount to a new long-gun registry. Of course, for such an argument to be logical, it would also mean that Canada first had a long-gun registry back in 1979. Obviously, that would be nonsense. To make this point crystal clear, the Conservatives moved an amendment in the committee, which reads as follows: “For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.” That amendment was supported unanimously by all members of the public safety committee, who were in total agreement that nothing in Bill C-71 remotely resembles a long-gun registry. That point is now beyond all doubt.

In addition to meeting our platform commitments, we are currently reviewing other options to ensure that firearms do not fall into the wrong hands. For example, we are examining the regulations relating to the safe storage of firearms, especially after hours on commercial premises. Firearms theft from such premises have been steadily rising, and we should try to prevent that trend from getting worse.

We are examining firearms advertising regulations to see if they are appropriate to prohibit the glorification of violence and anti-personnel kinds of paramilitary conduct. We are examining the issue of whether there should be some flagging system with respect to large transactions or bolt sales that may trigger questions on the part of police forces. We are also examining the possibility of enabling medical professionals to flag when they feel a patient may pose a significant risk to the safety of themselves or others.

I would point out that in 2012, Quebec passed what is known as Anastasia's law, which banned firearms in places like schools and relieved physicians of their usual obligations with respect to doctor-patient confidentiality when they felt that someone under their care who owned a firearm might be a danger to themselves or to others. It is a concept that other provinces may wish to examine, and it will be discussed at federal, provincial and territorial meetings this fall.

I will be working with the new Minister of Border Security and Organized Crime Reduction on these supplementary measures as well. As members know, the new minister has also been mandated to lead an examination of a ban on handguns and assault weapons in Canada, while not impeding the lawful use of firearms by Canadians. That consultation will be going forward this fall.

When taken together, this strategy represents a responsible firearms package that will help make our communities safer. It will help police forces investigate the illegal use of firearms. At the same time, these measures taken together will not overburden legitimate firearms owners in exercising their legitimate rights.

Firearms ActGovernment Orders

September 20th, 2018 / 10:15 a.m.


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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

moved that Bill C-71, an act to amend certain acts and regulations in relation to firearms, be read the third time and passed.

Mr. Speaker, I am very pleased to open third reading debate in the House today on Bill C-71, an important piece of legislation in support of public safety and the ability of law enforcement to investigate gun crimes, while at the same time being reasonable and respectful toward law-abiding firearms owners and businesses.

Following years of declining crime rates in Canada, a number of critical statistics concerning firearms pivoted in 2013 to show a significant increase over subsequent years. In 2013, there were 211 attempted murders involving guns; in 2016, there were 290. In 2013, there were 134 gun homicides; in 2016, there were 223. For armed robbery, the numbers jumped from 2,096 in 2013 to 2,870 in 2016. According to the most recent data from Statistics Canada that became available just this summer, between 2013 and 2017 overall offences involving guns increased by 44%. It is this troubling trend that Bill C-71 would help to address, hand in hand with our investment of $327 million over five years, rising to $100 million every year thereafter, to intensify our battle against guns and gangs.

That new funding will be aimed at three key goals: first, increasing the capacity and the effectiveness of the Canada Border Services Agency to interdict gun smuggling at the border; second, bolstering the work of the RCMP to identify and take down illegal weapons trafficking operations; and third, to support provinces, municipalities and local law enforcement in their efforts to disrupt gangs, prosecute offenders, prevent young people from being drawn into gangs in the first place and to help them exit that destructive lifestyle. This initiative has been very well received by our provincial and municipal counterparts and many stakeholders, like those from all across the country who attended our guns and gangs summit last spring in Ottawa. Discussions are well advanced on how to make the best use of the new federal dollars. The new Minister of Border Security and Organized Crime Reduction will be rolling out the details in the weeks ahead.

In the meantime, we continue to advance Bill C-71. The public safety committee of the House studied this bill very carefully, and during its consideration it accepted amendments from all of the major parties. I would like to extend my thanks to the committee members who, as always, conducted a very thorough study of the subject matter and sent the bill back to the House in improved form.

During the last election, the Liberal Party ran on very specific campaign promises relating to firearms. Bill C-71 deals with those promises that require legislative change. They were as follows: first, repeal the changes made by Bill C-42 that allowed restricted and prohibited weapons to be freely transported without a permit; second, put decision-making about weapons restrictions back into the hands of police and not politicians; third, require enhanced background checks for everyone seeking to purchase a handgun or other restricted firearm; fourth, require purchasers of firearms to show a licence when they buy a gun and require all sellers of firearms to confirm that the licence is in fact valid before completing the sale; and finally, require firearms vendors to keep records of all firearms inventories and sales to assist police in investigating firearms trafficking and other gun crimes. We are delivering on each of these promises to make our communities safer and to support law enforcement while not targeting law-abiding firearms owners.

First, on the issue of enhanced background checks, currently when deciding whether to issue a possession and acquisition licence, a PAL, the law requires the chief firearms officer of a province or territory to consider the past five years of an applicant's history to determine if their past activities or behaviours indicate a public safety risk.

Bill C-71 proposes to eliminate that five-year limitation. That idea stems from a private member's bill introduced by former Conservative cabinet minister James Moore in 2003. Upon tabling his private member's bill, Mr. Moore told this chamber the following:

Currently the Firearms Act says that if in the past five years a person has committed a violent crime and has been convicted of a violent crime or of threatening to commit a violent crime, that person cannot apply to own a firearm for five years.

My private member's bill does not say after five years: it says if a person has ever committed a violent crime in their life never does that person get to own a gun. If a person has ever beat his wife or ever committed rape or ever committed murder and is released from jail, never in his life does that person get to own a gun....

Those are the words of the hon. James Moore.

Mr. Moore's bill obviously did not pass, because today the Firearms Act still says five years. Bill C-71, however, will remove that time limitation, as well as expand the kinds of things that the CFO can consider when deciding whether to issue a licence or not. There are, for example, explicit references in the law to gender-based violence. Thanks to amendments made by the committee, which were adopted unanimously, the CFO would also be able to consider an applicant's online behaviour as well. There appears to be broad and multipartisan support for these measures on background checks.

For indigenous hunters who engage in the traditional practices of hunting, the aboriginal peoples of Canada adaptations regulations will continue to apply. The regulations allow an applicant to ask an elder or community leader for a recommendation to go to the provincial chief firearms officer to confirm the importance to the applicant of their engaging in traditional hunting practices, which are, of course, a section 35 treaty right. Therefore, we can see the legal framework here attempting to make sure that the appropriate indigenous considerations are taken fully into account.

Secondly, on the issue of transporting firearms, specifically restricted and prohibited firearms, before former bill C-42 made changes to the Firearms Act in 2015, the owner of a restricted or prohibited weapon was required to get an authorization to transport it, what is known as an ATT, every time the owner took that firearm anywhere. The Harper government loosened that restriction by attaching an automatic authorization to transport to every possession and acquisition licence for the purpose of transporting the firearm home from a store or to an approved shooting range or to a port of entry or a gunsmith or a gun show. Because the ATT was automatic and applied to numerous different destinations, it became virtually impossible for police to detect the transportation of restricted or prohibited weapons for illegal purposes.

Bill C-71 seeks to narrow and clarify the scope of the ATT rules. An ATT would continue to be included automatically with a PAL licence to transport restricted or prohibited weapons to a certified shooting range, but beyond that, a separate ATT would be required. This would assist law enforcement without impacting gun owners in any major way. In addition, we will work to ensure that the firearms centre is properly staffed to issue ATTs as required, and we will provide an electronic portal where firearms owners can apply online and get their ATTs in a matter of just a few minutes. If people need to go to a gunsmith after they have been at firing ranges, they would also be able to get an ATT on their smart phones. Therefore, the objective here is to make sure that the service is efficient.

Third, on the classification practices, it is of course up to Parliament, up to the House of Commons and the Senate, as a matter of law, to determine how firearms are classified. For years Parliament has identified and defined three categories: non-restricted, restricted, and prohibited. Parliament is always free to change those categories if it sees fit. It can change the characteristics that apply to each of the three categories. That is Parliament's sovereign right.

Administratively, after the definitions have been set in law by Parliament, it should be firearms experts who make the technical determination as to which firearm fits into which category. That is a factual, technical function, and it should not be politicized. Bill C-71 makes that point very clear. It grandfathers those individuals who may be adversely affected by the previous government's decisions to allow the cabinet to contradict the experts and assign a lower category to a particular firearm, contrary to the definitions in the Criminal Code.

Let me turn next to the question of licence verification. Currently in Canada, if people want to buy ammunition for a non-restricted firearm, they must show the vendor a valid firearms licence. It might surprise many people to know that they do not currently have to show a valid firearms licence for purchasing a non-restricted firearm.

Firearms ActRoutine Proceedings

September 20th, 2018 / 10:05 a.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, there have been discussions among the parties, and if you seek it, I think you will find unanimous consent for the following motion.

I move:

That, notwithstanding any Standing Order or usual practice of the House, on Thursday, September 20, 2018, at the expiry of the five hours provided for debate on the third reading stage of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms, every question necessary to dispose of the said stage of the said Bill shall be deemed put, a recorded division deemed requested and deferred until Monday, September 24, 2018, at the ordinary hour of daily adjournment.

Firearms ActPetitionsRoutine Proceedings

September 19th, 2018 / 3:15 p.m.


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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, it is my pleasure to present e-petition 1608 in the House of Commons. This petition was started this spring by a member of my riding. His name is Ryan Slingerland and he is 15 years old. Ryan is an incredibly engaged young man. He is a Canadian who is informed with the proceedings of the House of Commons.

Ryan read Bill C-71, which has been put forward by the Liberals, and he deemed this legislation failed legislation as it would not actually protect Canadians and ensure their security.

Ryan put together a petition, calling on the government to scrap Bill C-71. He has collected more than 86,000 signatures from coast to coast. It is the second most signed e-petition in Canada's history, and it is my pleasure to present it to the House.

Firearms ActGovernment Orders

June 20th, 2018 / 3:35 p.m.


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The Speaker Geoff Regan

Pursuant to order adopted Tuesday, May 29, 2018, the House will now proceed to the taking of the deferred recorded division on the motion at report stage of Bill C-71.

The House resumed from June 19 consideration of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Firearms ActGovernment Orders

June 19th, 2018 / 8:55 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I would like to thank my colleague for his third question and his hard work on the file. He is right in his comments. Nothing in Bill C-71 is going to address the guns and gangs issue.

I am a former gun owner. I had a couple of handguns. I belonged to a gun club in Edmonton. It is very ironic. The name of the gun club was Phoenix. It has, like the Liberal Phoenix fiasco, actually gone under. I spent a lot of time at the Wild West Shooting Centre in West Edmonton Mall. Gun owners are the most conscientious, law-abiding group and again Bill C-71 focuses on those who are following the law and it does nothing against those who are breaking the law.

Firearms ActGovernment Orders

June 19th, 2018 / 8:55 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, it is a privilege to rise today and the hon. member spoke about Bill C-75 in conjunction with Bill C-71 and the fact that the Liberals are limiting the ability of judges and giving the option of imposing lesser sentences for some of the most egregious crimes in this country. Can the member comment further on how that is going to impact Canadians?

Firearms ActGovernment Orders

June 19th, 2018 / 8:55 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, I want to thank my hon. colleague for his very passionate and fact-filled speech on Bill C-71. One of the interesting aspects of this that has been touched on many times today as we have debated the bill is how little mention there is, in fact zero mention, of guns and gangs in the bill, but the words “registry” and “registrar” are mentioned many times. In fact, I think it was 38 times in this legislation.

Why does my hon. colleague think that is? Why are there so many mentions of registrar and register, yet zero mention of guns and gangs? Is this in fact a registry?

Firearms ActGovernment Orders

June 19th, 2018 / 8:45 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, “a rose by any other name would smell as sweet” is a popular reference to William Shakespeare's play Romeo and Juliet, in which Juliet seems to argue that it does matter that Romeo is from her family's rival house of Montague and that he is a Montague himself. The reference is often used to imply that the names of things do not affect what they really are. Juliet compares Romeo to a rose, saying that if he was not named Romeo, he would be just as handsome and would still be Juliet's love.

In the case of Bill C-71, a gun registry by any other name is, well, a gun registry.

At committee stage, the Liberals passed one of the CPC amendments, which has been often quoted. It stated, “For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.”

When the Liberals adopted this amendment, we expected that they would also support changes that would remove the elements that essentially created a gun registry. Unfortunately, they did not. They kept the registrar tracking of the transfer of firearms, keeping a centralized government record, and that is a registry by another name.

It is very cynical and disingenuous of the Minister of Public Safety and other Liberals in the House to try to skew this as support for the language of the bill. It was much like watching the President of the Treasury Board the other day defending the Liberals' slush fund in vote 40 in the estimates by quoting the current and the past PBO, pretending these gentlemen were in support of the Liberal slush fund. However, Kevin Page, the former PBO, said that there is no way it is an improvement, and the current PBO said that their incomplete information will lead to weaker spending controls.

The bill before us would remove the reference to the five-year period that applies to background checks on licence applications, thereby eliminating any temporal restrictions on such checks. It would require that whenever a non-restricted firearm is transferred, the buyer must produce a licence, and the vendor must verify that it is valid, which would require a registrar to issue a reference number for such transactions. The bill would require commercial retailers to maintain records of their inventories and sales, and such records would be accessible to the police. It would put the power to classify weapons in the hands of the RCMP bureaucrats and take it out of the hands of parliamentarians, and it would amend the Long-gun Registry Act to allow a province to keep its gun registry records. It sounds like a registry.

What is missing from Bill C-71 is any reference to keeping guns out of the hands of criminals and gangs.

What bill does mention gangs and organized crime? Bill C-75 does, but only in relation to lighter sentences. What does Bill C-75 do? It lessens sentences to as little as fines for those participating in the activity of a terrorist group, much like the returning ISIS terrorist wandering around the streets of Toronto. If the government ever gets around to having him arrested, maybe we will hit him with a fine.

The penalty for administering a noxious drug, such as a date rape drug, can now be reduced to a fine. The penalty for advocating genocide is now reduced. It is somewhat ironic that the Liberals would use the word “genocide” in Bill C-75 for reducing the penalty, when they could not bear to say the word in the House to describe what was happening to the Yazidis overseas. The penalty for participating in organized crime would also be reduced in Bill C-75.

To sum up, Bill C-71 would go after law-abiding gun owners, and Bill C-75 would go soft on crime. Maybe we will set out some tea cozies and ask returning ISIS fighters to sit around the campfire and sing Kumbaya together.

To make the streets safer, I have to ask why the Minister of Public Safety does not just get up from his seat, walk about seven benches down, and tell the Minister of Justice to do her job and appoint some judges to the judiciary. In the Jordan ruling, people have a right to a timely trial, but the Liberals have not appointed enough judges, so we are letting accused murderers go. I want to talk about some of them.

Nick Chan, from Calgary, walked free this week. Who is Nick Chan? He was charged with first-degree murder, conspiracy to commit murder, and instructing a criminal organization. If the Liberals want to get guns off the street, why do they not appoint judges so that we can keep people like Nick Chan in jail? He has also been accused in the past of murdering three other people and has been charged with firearm offences. Here we have Bill C-71 going after law-abiding gun owners, and we let someone like Nick Chan, who is charged with illegally possessing guns, go because we have not appointed judges.

James Coady, in Newfoundland, facing drug trafficking and weapons charges, was let go because there was no judge and he could not get a timely trial.

Van Son Nguyen was released in Quebec, the third accused murderer released in Quebec because he could not get a timely trial.

Lance Regan was released in Edmonton because, again, no judges.

However, let us focus on Bill C-71. Here is the worst one. A father was accused of breaking his two-week-old baby's ankles. He had his criminal charges stayed because he could not get a timely trial. The grandmother of the poor kid said, “We were angry, we were crying, we were outraged that he was able to get off with this (ruling).”

However, the Liberal government is tying us up with Bill C-71, going after law-abiding gun owners and ignoring its duty to appoint judges, letting murders go free, letting someone who breaks the ankles of a two-week-old baby go free. This is the priority.

In a television interview, the parliamentary secretary for justice said, “We border the largest handgun arsenal in the world.” I assume he means America. However, this bill would do nothing to address that issue.

The Minister of Public Safety says, “it's the drug trade, in particular, that is an intrinsic part of gang culture and gang-related violence and arguably causes the most harm in our communities” and that it is made worse by the “opioid crisis”. What do we have? Vote 40, the slush fund, which is supposed to get money out the door faster, has $1 million to address the opioid issue.

I want to talk about the departmental plans. Departmental plans are plans that every department has to put out. The departmental reports describe departmental priorities and expected results.

I will go to the Minister of Public Safety and see what his plan says, “If we can find a way to intervene early before tragedy strikes, we should.” Here is a hint for the Minister of Public Safety. He should walk down the row and tell the justice minister to appoint some judges and then maybe we can intervene before tragedy strikes.

He talks about safer communities being central to Public Safety Canada's mandate. He invites all Canadians to read the Public Safety Canada 2018-19 departmental plan to find out how it is keeping Canada and Canadians safe.

I have read the plans. I do not think anyone from the other side of the House has, and I am pretty sure the Minister of Public Safety has not read his own plans that he signed off on.

Under the section on national security and terrorism, it sets out four different targets. Departmental results indicate that the first one is Canada's ranking on global terrorism. I am surprised the government has not even set a target to compare things to. The next is Canada's ranking on cyber security, but there are no past areas to compare it to. Then the percentage of the population thinks the right mechanisms are in place for them to respond to terrorism. Once again, there is no target set. It goes on and on.

Under community public safety, and this is great, there are seven targets, three of them have no past targets to refer to. Therefore, the government is pulling a number out of the air as the target to achieve. For the percentage of stakeholders reported consulting public safety, the target is set at 60%. However, there is nothing in the past to compare it to. For stakeholders reporting good or very good results on projects funded through Public Safety, it is 80%. Compared to what? Nothing, everything is not applicable. Here is a great one. The crime severity index is going to go up. This measures, as it says, the severity of crime in Canada. This actually goes up over last year and up over the Harper era.

For the percentage of Canadians who think that crime in their neighbourhood has decreased, the goal for next year is to have it worse than it was in previous years. For crimes prevented in populations most at risk, it shows a drop in results. For the percentage of at-risk populations, there is no target. For the difference between police reporting in first nations communities, again, it shows a drop in results. The three-year plan actually shows 23% in funding cuts to community safety.

This shows the Liberal priorities. Instead of going after terrorists, instead of going after criminals, instead of going after gangs with guns, their priority is to prey on law-abiding gun owners and re-establishing a registry. It is a shame.

Firearms ActGovernment Orders

June 19th, 2018 / 8:40 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, I appreciated the hon. member's accuracy at committee as we were going through amendments.

The reality is that currently, before Bill C-71 came along, criminal record checks and background checks for people applying for a licence did not go back five years. We heard from those who actually do these checks that they go back over the lifetime of the individual when they apply for a PAL. The suggestion that they only go back five years is mistaken.

Is there a need to improve the inability of people to access firearms who have a record or mental health issues? Absolutely. It was the Conservative Party that was the first to bring in prohibitions, the removal of licences, and the removal of firearms from those who are convicted or accused of domestic violence.

I appreciate the hon. member's question. The current legislation is void. There are some steps to be made. I think, however, that this bill does not do it, as required by Canadians, for public safety.

Firearms ActGovernment Orders

June 19th, 2018 / 8:30 p.m.


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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, let us summarize some of the key issues I have heard from Canadians all across the country, including the nearly 79,000 who have signed the e-petition, stating that they are opposed to Bill C-71.

First, the proposed bill does nothing to tackle gun, gang or rural crime. Criminals do not register their firearms as we know.

Second, the claims made by the public safety minister, his parliamentary secretary, the Prime Minister, and the rest of the Liberals that the bill goes after criminals while respecting firearms owners are inaccurate and insulting to millions of Canadians.

Third, the Liberals will not call this a gun registry. The rest of the country thinks that it is a gun registry. I guess we will have to leave it to Canadians to decide when they vote in the next election.

We saw what the Liberal MPs really thought of Bill C-71 when we finished our work at committee. Mere moments after ratifying the legislation at committee, with the Liberal majority against the Conservative objectives, the Liberals moved to call a study on issues raised precisely by witnesses, just minutes after stifling Conservative amendments that would have improved Bill C-71.

The Liberals called on the minister to address the real issues facing illegal firearms getting into the hands of criminals; administrative and process issues resulting in criminals getting firearms licences; and improving regulations on firearms storage for retailers and firearms owners. All of these issues are more productive than anything the minister has put forward, and none of the MPs on that committee had the courage to tackle these issues in the legislation when that bill was before us at committee and when they had the chance.

It is time the Liberal government start to take public safety and its duty to protect Canadians seriously. However, it is not taking these issues as seriously as it needs to. Rather, it is targeting law-abiding gun owners and delaying funding for police.

In the fall of 2017, the public safety minister made an announcement in Surrey, B.C., where there is a real gang problem. Gang violence and shootings are a regular occurrence there, and police and communities need more help to tackle these criminals. At that time, he promised $327 million to combat gangs and guns. It was a great announcement, and no doubt one that helped the Liberal MP from South Surrey—White Rock secure his seat since it was made during the by-election.

To date, not one dollar has moved on that funding. Reports suggest it will take a full two more years for the Liberals to make that funding available to police. Since that announcement, the Liberals have tabled Bill C-71, pushing the House by limiting debate and testimony, and ramming it through with almost no amendments, despite nearly every witness saying it was not a good bill.

Looking at the Liberal motions that followed the four days of study on Bill C-71, we saw that the Liberal MPs had little to no understanding of the subject matter, were confused by the current laws, and made little or no attempt to fix the problems that were clearly presented to the committee. The Liberals suggested, again, after the study had been completed, that the minister review the reference process for possession and acquisition licences.

We heard from a Liberal insider who testified, very passionately, about the tragic loss of her daughter. Her killer was described as a non-violent boyfriend but “manipulative and controlling”. He had a firearms licence and legally purchased at least one of the guns that he shot her daughter with. The witness stated that he had an arrest for drug trafficking, forcible confinement, assault, uttering threats, and received only two years probation. To be clear, this individual should never have been granted a firearms licence and was in no way eligible for one with the charges and convictions against him. It was human error that caused this to occur, not a gap in legislation.

Section 5 of the Firearms Act, as it was back then and is now, states, “A person is not eligible to hold a licence if it is desirable, in the interests of the safety of that or any other person, that the person not possess a firearm”. Further, it says that if individuals have been “convicted or discharged under section 730 of the Criminal Code”, which is anyone convicted of an offence, they are ineligible for a firearm.

It also states that anyone convicted of “an offence in the commission of which violence against another person was used, threatened or attempted”, and, “an offence relating to the contravention...of the Controlled Drugs and Substances Act” is ineligible.

Moreover anyone who “has a history of behaviour that includes violence or threatened or attempted violence” is also ineligible to legally acquire a licence to obtain a firearm. That is what the legislation is currently and was before Bill C-71 was introduced. The bill specifically dealt with this section.

Clause 2 proposed amendments to section 5, so it was certainly in the scope of the bill. In fact, clause 2 was one of the few areas where any amendments were made. The committee agreed that we amend clause 2 to include language that anyone who “...has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person” or who “for any reason, poses a risk of harm to any person” is ineligible for a firearm licence. To be blunt, not much changed.

The Liberals on committee felt so strongly about this issue of reference checks that they decided to call no new witnesses and hold no added meetings. They made no call for the minister to increase resources to ensure a thorough review of reference checks.

The Liberals also called for the government to examine firearms storage and commercial storage regulations. This is ironic, since the Liberals blocked industry representatives from coming to committee. As with numerous cases during the testimony, this recommendation makes it crystal clear that the Liberal MPs who voted for Bill C-71 still have no idea what the current laws and rules are around firearms in this country.

Here are the rules as per government regulations for storage for non-restricted firearms. They must be unloaded, must be locked in a room that is hard to break into, or have a trigger lock so that they cannot be fired. Ammunition must be stored separately and locked.

For a restricted firearm, like the sidearm I used for policing, it must be unloaded, must have a trigger lock, and be locked in a room or safe that cannot be easily opened.

Ironically, the motion calls for the government to work with all relevant stakeholders, something it did not apparently think was important enough to do during the legislation. Seven of the individuals the minister says were consulted in preparation for Bill C-71 stated that they were not consulted at all, contrary to the minister's suggestion.

The Liberals finally called for the minister to look into straw purchases and that, “the Government study mechanisms to identify large and unusual firearms transactions, especially those involving restricted and prohibited guns, to better identify illicit straw purchasing schemes, gang activity, or trafficking operations”.

I find it funny, that the minister stated that Bill C-71 would deal with this issue. He said it would help police trace guns used in crimes, detect straw purchasing schemes, and identify trafficking networks. However it does not. The Liberals are now calling for it. It is clear that even though Liberal MPs voted for this in committee, they did not even believe their own minister.

The fact is that while some of the suggestions from the Liberals might have merit, they ring hollow. We had an opportunity and an obligation to go after illegal firearms, gangs, and violent crime when the bill came to committee. Sadly, the Liberals lacked the courage of their convictions and passed a pointless bill, a bill they ironically gave so little credence to that they immediately moved to do other things after voting in favour of it.

Bill C-71 would not increase the safety of our communities. It would not combat gangs and illegal firearms, because criminals do not register their guns. It would not provide new tools for police or more resources to deal with the issues. And for my colleagues in the Liberal party, it would not provide any added political cover in the next election.

Firearms ActGovernment Orders

June 19th, 2018 / 8:25 p.m.


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Fundy Royal New Brunswick

Liberal

Alaina Lockhart LiberalParliamentary Secretary for Small Business and Tourism

Mr. Speaker, as members know, I represent Fundy Royal in New Brunswick, a largely rural area. Through the course of this discussion on Bill C-71, I have taken the opportunity to consult with many firearms owners in my riding, to understand their concerns and to feed their concerns back into this legislative process, which I found to be a very productive exercise.

Has the member across the way consulted with any domestic violence victims advocates, or with any women's groups or youth? Youth, in particular, are now in the habit of having to regularly practise lockdowns in their schools. The reality is that, even though they live in rural areas, gun regulation is very important for them. Can the hon. member share with us the consultation that she has done with other groups in her riding?

Firearms ActGovernment Orders

June 19th, 2018 / 8:15 p.m.


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Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Mr. Speaker, I rise tonight to speak to Bill C-71, an act to amend certain acts and regulations in relation to firearms.

This legislation would have an impact on many of my constituents who are law-abiding gun owners. In fact, this legislation would have a big impact on many Canadians.

Hunting is a big part of the livelihood, traditions, and recreational choices of a significant number of Canadians. Some Canadians also own firearms to protect their crops, livestock, or themselves from rabid animals, and animals like bears or coyotes. Others enjoy competing in recreational shooting sports and some are collectors. Whether they are hunters, farmers, sport shooters, or collectors, what these Canadians can be certain about is that Bill C-71 would result in greater unnecessary restrictions.

I do want to be clear that public safety should always be the priority of any government. Safe and sensible firearm policies are necessary to ensure public safety. Mandatory firearm safety courses, safe storage and transportation measures, and licensing are all common sense measures that contribute to public safety in Canada, measures law-abiding gun owners follow already. Under the guise of tackling gun violence and keeping firearms out of the hands of criminals, the Liberal government has brought forward Bill C-71.

The Liberal government's rhetoric is deceiving. A review of this legislation quickly reveals that the Liberals have completely missed the mark. This legislation would do nothing to address gangs, gun violence, and escalating crime rates in our rural communities. Instead, it would target law-abiding gun owners. It would treat Canadians who legally own firearms as criminals. In fact, a measure in this legislation has the potential of inadvertently making criminals of Canadian men and women who have legally purchased a firearm.

The Liberals are repealing parts of the Common Sense Firearms Licensing Act. Specifically, the bill would put the ability to classify weapons solely back in the hands of RCMP bureaucrats, meaning the legislation we have before us would allow the RCMP to prohibit a firearm without notice. That could result in the confiscation of a firearm that was legally purchased and the owner could then be subject to criminal charges.

In 2014, unelected bureaucrats decided to reclassify Swiss Arms rifles and CZ 858 rifles. They were reclassified as prohibited, making it illegal to import, buy, sell, or own them. These rifles had been legal in Canada for years and many responsible law-abiding gun owners had purchased these rifles legally, but the decision to prohibit them turned these lawful gun owners into criminals in possession of prohibited firearms.

Our former Conservative government enacted common sense legislation that restored the property rights to these individuals. It created an appropriate balance, where based on expert advice, the government makes the rules and the RCMP interprets and enforces them.

Another measure that this legislation repeals is the authorization to transport a firearm to specific routine and lawful activities. The Common Sense Firearms Licensing Act automatically gave individuals with a licence authorization to transport their firearm to a shooting range, a police station, a chief firearms officer, a gunsmith, a gun store, a gun show, a border point, and home from the place of purchase. As indicated in the act, this measure was common sense. It removed unnecessary red tape.

Bill C-71 would repeal these measures. It would only allow for a firearm to travel to a shooting range or home from a place of purchase. Any other of the aforementioned activities would require a specific authorization to transport, issued at the discretion of the province's chief firearms officer.

Issuing authorizations to transport firearms to routine locations, like a gunsmith for repair or to the chief firearms officer for verification or registration, is unnecessary. It in no way addresses the criminal element behind gun violence.

Let us talk about the real elephant in the room tonight. This legislation is a backdoor attempt to bring back the wasteful and ineffective long-gun registry. The long-gun registry introduced by Chrétien's Liberal government was costly. Canadians were told it would only cost them $2 million, but in the end it cost more than $2 billion, and for what purpose? It was ineffective. There is no evidence that the long-gun registry prevented any crime in Canada. It seems that criminals and gang members never took the time to fill out the necessary paperwork. And there is no evidence that the new registry would be any different.

I admit that the Liberals have said that this legislation does not reintroduce a firearms registry. At the committee stage, they even voted in favour of a Conservative amendment denouncing any effort to re-establish a registry of non-restricted firearms. However, by now we all know that what the Liberals say and what they do are often very different.

The Liberals are said to be tackling crime through this legislation, but words like “gang” or “criminal organization” are not found in the text of the bill. What we do find are words like “registrar”, “registration”, “records”, and “reference number”. That is because this legislation creates a registry of non-restricted firearms. Bill C-71 would require firearm retailers to create and manage a registry of licensed non-restricted firearms buyers, which is a registry they would need to surrender to the chief firearms officer upon request. People would also require permission from the RCMP registrar of firearms to buy, sell, give, or loan a non-restricted rifle.

This begs the question that I know many of my colleagues on this side of the House have asked. What does a registrar do? The answer is quite simple: a registrar keeps a registry. The Liberals are using a federal registrar to keep records on non-restricted firearms. This is the “2.0” version of a federal firearms registry.

Canadians want safe and sensible firearms legislation, but that is simply not what the Liberals have offered them. Instead, they are creating more unnecessary red tape for law-abiding Canadians. They are casting suspicion on law-abiding firearms owners, while doing nothing to address the criminal element behind gun violence. Their priorities are backwards.

This is made only more evident when we consider Bill C-75, another bill introduced by the government. Bill C-75 lessens the sentences for serious and violent crimes to sentences as little as a fine. Some of the crimes that would be eligible for lighter sentencing under this legislation include participating in a terrorist activity, activities relating to human trafficking, kidnapping, forced marriage, or impaired driving causing bodily harm. These are very serious crimes. The punishment should fit the crime. A fine is not the appropriate sentence for these crimes and it is insulting to victims.

The Liberals are weakening the Canadian criminal justice system and making light of serious crimes. At the same time, they are sending a strong message to law-abiding gun owners by treating them like criminals.

I cannot support legislation that does nothing to address gangs, gun violence, and the escalating crime rates in rural communities. I cannot support legislation that enacts a backdoor firearms registry, and unnecessarily burdens law-abiding Canadians with regulations.

Bill C-71 is flawed legislation because it does not take appropriate action to prevent or deter gun violence. It burdens law-abiding Canadian citizens with red tape and villainizes my constituents who are hunters, farmers, and sport shooters.

When it comes down to it, the Liberals have again proven that they cannot be trusted to bring forward sensible and effective firearms legislation.