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

Criminal CodeGovernment Orders

June 5th, 2018 / 9:45 p.m.


See context

Conservative

Martin Shields Conservative Bow River, AB

Mr. Speaker, I appreciate my hon. colleague's speech. He is very learned and comes from a profession that understands things well. I did pass through law school at one time, but decided that another profession was of more interest to me, so my speech will probably be a little more the layman's type, and will probably have some rhetoric in it that I am sure he will rather enjoy.

I will be speaking on Bill C-75, an act to amend the Criminal Code, the Youth Criminal Justice Act and other acts and to make consequential amendments to other acts. That is quite the title, and it probably should come as no surprise that it is an omnibus bill. It makes massive reforms to our criminal justice system, and in fact, it re-tables three bills already on the Order Paper: Bill C-28, on the victim surcharge; Bill C-38, on consecutive sentencing for human trafficking; and Bill C-39, which repeals unconstitutional provisions.

The government simply cannot seem to manage its legislative agenda. It waited until late in its mandate, and now Parliament is expected to rush through debate on these important matters.

What is apparent is that Bill C-75 is a big, complicated bill that is supposed to fix the issues facing our justice system. It does contain provisions that I could support. Repealing unconstitutional provisions in the Criminal Code is a positive proposal. Increasing the maximum term for repeat offenders involved in domestic violence also makes a lot of sense.

However, the bill also introduces a host of other issues. This legislation should have been split so we could have debated and voted on some of its parts, rather than as an omnibus bill. There is far too much here to be considered in such a short time. The Liberals promised they would not introduce an omnibus bill, but here we are.

We have known for a long time that our justice system is dangerously backlogged. A primary stated objective of Bill C-75 is to reduce delays in our justice system. The R. v. Jordan ruling, now known as the Jordan rule or principle, imposes strict timelines on criminal trials: 30 months for the criminals, and 18 months for the indictable.

This objective is very important. Thousands of criminal trials across Canada have been stayed, including murder trials, for going over the imposed time limits. We have seen the stories of individuals accused of horrendous crimes being let off because of massive delays in the court system. The problem is only getting worse, but this bill is finally supposed to do something about this serious problem.

Before I get into the details of this bill, I have to ask: Why has this government not taken steps to appoint more judges? It has been pointed out that the government has appointed many, but we still have 59 vacancies. Let us get them all filled so that we can improve the justice system. Appointing judges may have been a faster way to address the delays in our justice system, rather than forcing an omnibus bill through Parliament. I know that the Liberals have left appointments unfilled in other government agencies, but the judicial ones are critical. At the very least, they need to fill those. I am sure that is something they will do quickly, right?

The biggest red flag in this legislation is the hybridization of many indictable-only offences, done by adding summary convictions as a sentencing option. Simply put, serious crimes deserve serious penalties, but some of the offences listed in the bill are undoubtedly, to me and many of my constituents, serious crimes. These include participating in a terrorist group; impaired driving causing bodily harm; kidnapping a minor; possessing stolen property over $5,000, which is a huge concern in my rural riding; participating in activities of a criminal organization; municipal corruption or influencing a municipal official; committing infanticide; extortion by libel; advocating genocide; arson for fraudulent purpose; advertising and dealing in counterfeit money; and many more. There are a lot of serious crimes in here that are going to change. Many of these crimes are classified as indictment-only for a reason. They should not be punishable under a summary conviction, with a possible mere fine. That option has been included, and it should not be there.

The bill would also delay consecutive sentencing for human traffickers. Human trafficking is a severe crime. There is a cross-party committee dealing with this crime. It is a severe problem and deserves severe punishment. We know it is taking place in Canada. It is an international issue that needs to be combatted with all the tools at our disposal. Why would the government weaken our criminal justice system with these changes? We all need to address the backlogs in our courts system, but some of these measures just do not make sense.

In my riding of Bow River, we have been dealing with serious issues involving rural crime. I am happy that motion by the member for Lakeland, Motion No. 167, was passed last week in this House. I believe it will be an important step toward actually doing something about rural crime. The statistics show that crime in rural areas has increased significantly in all three prairie provinces. However, right on the heels of adopting this important motion, we have this bill taking two steps backwards. This is going to be hard to explain to the constituents in my riding who are dealing with constant rural crime. Residents across the country are going to be shaking their heads in disbelief at this one. I have heard from many constituents who have suffered break-ins, property theft, and threats to person. We have held round tables in locations in ridings across Alberta and heard from many people who are living in fear. They do not have confidence that the criminal acts taking place around their homes will be addressed. In many cases, the RCMP is simply stretched too thinly across the vast rural areas to respond promptly.

I am particularly concerned that this bill would relax sentences for crimes like possession of stolen property and participating in criminal gangs. It is hard enough to catch criminals engaged in rural crimes. In many cases, the criminals are long gone before anyone can show up to deal with them. When it takes police officers hours or until the next day to get to the scene, there is plenty of time to disappear. This is not like crime in a city where people reasonably expect police to show up on their doorstep in minutes. When criminals are caught, there is a reasonable expectation that they will face serious consequences for their actions. It is hard enough to convince people to report crimes when they occur. We encourage them to do so because it is very important for the statistics of the police services. The police need to know what is actually happening in communities, but people are afraid to report crimes, or they say it is a waste of time. The police need the statistics to make decisions related to how to best enforce the law, but my constituents do not always believe they will make any difference in the justice system anymore. It is going to be that much harder to encourage people to report rural crimes if this bill receives royal assent. At a bare minimum, people need to know that if they report a crime and the criminal responsible is actually apprehended, there will be serious consequences for that individual. We need real deterrents, not slaps on the wrist, to keep Canadians' faith in the justice system.

They talk about Alberta judges, and yes, we are short of judges, but here is the other side of it. I have spoken with legal people and they say that the number of crown prosecutors is drastically short. There are few crown prosecutors willing to do it. As the number of crown prosecutors has decreased, there are fewer of them who will work on this huge workload. The average caseload that crown prosecutors have is twice what it used to be years ago. Legal aid lawyers are quitting. The pay they are getting has decreased, or they are not being paid at all. If they are moving to summary convictions, two years less a day, the jails are full. I have seen downloading from governments before; this is a huge download from the federal government to the provincial governments. They are going to download into the provinces' judicial systems by changing convictions from indictable to summary convictions. As the prosecutors have told me, they have been told to clear the docket and keep only the very serious cases and kick all the rest of the cases out, not to take them to court but to get the charges dropped, to kick them out.

There is a joke around the provincial jail system that if there is an arrest for car theft, the officers should make sure their car is locked when the criminal goes out the door, because the criminal is likely to steal their car to go home. With the shortage of prosecutors, the time that is available to put people in jail for two years less a day is a huge download to the provincial system.

It is especially wrong that this bill is being introduced at the same time we are considering Bill C-71. That bill would do nothing to address rural crime and gang violence. Nothing in it would make a difference to the criminals using illegal firearms. All the bill does is target law-abiding firearms owners with new, poorly designed, heavy-handed regulations.

Farmers in my riding make use of all kinds of firearms on their property. Firearms are basic to rural life in many cases. I have heard from many constituents who are very concerned about Bill C-71. Why would the government treat farmers like criminals, while reducing sentences for rural criminals at the same time? Summary convictions and fines are just kicking the cases out, because there is no time to deal with them.

Again, it makes no sense. The government's agenda is looking increasingly incoherent, especially from the perspective of rural residents. Will these measures do anything to reduce the backlog? No. They are just downloading the problem on the provinces. Just as Chrétien did with the transfer payments, the current government is going to do it with the judicial system to download to the provinces.

Our legal institutions are overwhelmed by the number of cases that need to be addressed. The bill could stretch them to a breaking point, as the crown prosecutors in Alberta told me. We could have many more cases thrown out for taking too long. Jordan's principle is going to come in and many people will walk the street because of it. In other words, criminals will walk. That is not a result anyone wants to see, especially when rural crime is involved. It is deeply painful for victims of crime and it is dangerous for the Canadian public at large to lose faith in the justice system, like the rural residents in my constituency.

The government seems to be dumping more problems on provinces and municipalities. It leaves them to clean up the mess. We have already seen how the government has done this with cannabis legislation. Its approach has left provinces and municipalities scrambling to accommodate the new laws and pay for their implementation.

I have heard from town councillors across my constituency how concerned they are about the cannabis legalization and how they are going to pay for it. They do not know how the small towns and villages will handle all the issues that are coming down the pipe, just like the carbon tax. The Alberta Urban Municipalities Association has expressed grave doubts about how its members are going to get ready for legalization. It has been conveying these concerns to the government for a long time, but the Liberals are not listening.

The federal government simply punts its problems on to subnational governments and claims to have taken action. That is exactly what it did with the cannabis legalization, and that trend is continuing with Bill C-75. We need real leadership, not just passing the buck to the provinces.

The legislation would weaken our criminal justice system by relaxing the sentences for many serious crimes. That list was not even the extent of it. It is a very broad bill. It downloads the delays in our court system onto the provinces. It also changes the victim surcharge, which is a deeply disappointing departure from our former government's priority of putting victims first. It would remove the requirement of the Attorney General to determine whether to seek an adult sentence in certain circumstances. It would remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence. It would delay consecutive sentencing for human traffickers, and that is wrong. It would make our justice system more like a revolving door than it is now. It would make rural crime in my riding and across Canada even harder to deal with, and it would make people not trust the justice system.

We need to deal with the problems in our justice system, but this is not the way to do it. This is simply a huge, poorly designed bill. It would make many changes that I simply cannot support.

June 5th, 2018 / 1 p.m.


See context

Director General, Policing and Firearms Policy, Department of Public Safety and Emergency Preparedness

Randall Koops

One at a time is correct, but still, it would not cause the pool to diminish over time, which is the intent of Bill C-71.

June 5th, 2018 / 12:55 p.m.


See context

Director General, Policing and Firearms Policy, Department of Public Safety and Emergency Preparedness

Randall Koops

Parliament to date has only enacted one situation where the ownership of prohibited firearms passes from one generation to another, and that is in the pre-1946 handguns, the so-called war trophy exemption. The intent in Bill C-71 is that, in the firearms affected by this bill, like the other circumstances where Parliament has legislated to provide for grandfathered ownership, that grandfathered ownership only be available to a certain class of firearms and to a certain class of the current owners. Also, the intent is that the pool stays fixed in time, and that pool does not increase over time through bequests, legacies, or inheritance.

June 5th, 2018 / 12:55 p.m.


See context

Director General, Policing and Firearms Policy, Department of Public Safety and Emergency Preparedness

Randall Koops

I think that if we've understood it correctly, as we read it for the first time, it would propose to extend the grandfathering regime to the heritors or estate of a grandfathered owner.

Currently what's proposed in Bill C-71 for the firearms in question is that this class of grandfathered owner not pass that status on. That grandfathered status continues for the life of the owner but does not exist beyond it. There are, as you know, certain circumstances in the Firearms Act where a grandfathered firearm can be inherited, but the intent in Bill C-71 was that the particular firearms not be eligible to be passed on through grandfathering status.

Matthew Dubé NDP Beloeil—Chambly, QC

My final question, Chair, if I may, would then be to clarify. In other words, the situation with the firearms that are listed in Bill C-71 would be the same as any change in classification to a more restricted category currently, as far as the business is concerned.

Matthew Dubé NDP Beloeil—Chambly, QC

I was just wondering, since grandfathering is essentially what's already deeming in the law as it's currently written—putting aside Bill C-71—had a weapons classification been changed, then the deeming provision would have operated the same way as it would under Bill C-71 without this amendment. Is that correct?

June 5th, 2018 / 12:45 p.m.


See context

Director General, Policing and Firearms Policy, Department of Public Safety and Emergency Preparedness

Randall Koops

My justice colleagues have just reminded me as well that it might be helpful to bring to your attention section 11 of the Firearms Act. Under the provision of special cases it also deals with prohibited firearms, weapons, devices, and ammunition for businesses. There are, as Rob mentioned, prescribed purposes in subsection 11(2), that “A business other than a carrier is eligible to hold a licence authorizing the business to possess prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition if the business needs to possess them for a prescribed purpose.”

That section is not opened up by Bill C-71, but it precedes section 12 on “Prohibited firearms—individuals”.

June 5th, 2018 / 12:40 p.m.


See context

Director, Firearms Regulatory Services, Canadian Firearms Program, Royal Canadian Mounted Police

Rob O'Reilly

There are a number of firearms businesses that have certain conditions on their business licence that allow them to be in possession of prohibited firearms for the purposes of their business, whether or not it is for sale to a prop house or to sell to law enforcement, for that matter. Businesses already have certain provisions that would allow them to be in possession of prohibited firearms.

I guess Randall's point was that section 22 of the firearms licences regulations already allows for businesses to have prohibited firearms in their inventory if there is a legitimate purpose to having them.

Bill C-71, however, really only speaks to the grandfathering of the firearms and the individuals in question, so I think they're two different issues.

June 5th, 2018 / 12:40 p.m.


See context

Director, Firearms Regulatory Services, Canadian Firearms Program, Royal Canadian Mounted Police

Rob O'Reilly

The business licence regulations would allow a business, assuming they have a prescribed purpose, to possess prohibited firearms and to have those firearms in their inventory. However, it would not allow them to be eligible to make application under Bill C-71 to have the at-fault firearms themselves grandfathered.

June 5th, 2018 / 12:40 p.m.


See context

Director General, Policing and Firearms Policy, Department of Public Safety and Emergency Preparedness

Randall Koops

I would just point out that clause 2 as drafted deals only with eligibility for grandfathering for individuals. As your colleague pointed out, the regime for businesses is separate and is dealt with under the firearms licences regulations, in section 22. It's a separate regime for businesses, and it's not dealt with in the amendments proposed through clause 2 in Bill C-71.

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

Mr. Chair, it is normal for us to return to the complexity of weapons classification management.

It is said that Bill C-71 should not propose the creation of a board. However, it plans to change the classification of certain weapons. There is some question of Czech or Swiss weapons. Who around the table can tell me what the Classic Green model from Swiss Arms is? No one knows that. There are technical elements that we haven't debated regarding which weapons should or shouldn't be banned or prohibited. We see this as a problem. That's why we think the creation of a board of experts made up of people who know what they're talking about would be in the best position to make the right recommendations.

I would like to know who created this list, where these names came from and why these weapons are listed. Someone made those decisions, and we don't know why. We have no explanations.

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

CPC-3 deals with weapons classification, and it provides, to me, a better process. It provides a better process for review of weapons classification and ministerial decisions—based on manufacturers' and RCMP recommendations—that are gazetted with the minister's rationale.

If you look at clause 1 of Bill C-71, we're recommending that it be amended by adding after line 8 on page 1 the following language:

(2.01) Subject to subsection (2.02), the federal Minister may, by order, deem a firearm to be a prohibited firearm, restricted firearm or non-restricted firearm for the purposes of this Act and the Criminal Code despite the definitions of those terms in subsection 84(1) of the Criminal Code.

(2.02) No order shall be made under subsection (2.01) unless

(a) the Minister has received, with respect to a firearm, recommendations from the firearm's manufacturer and the Royal Canadian Mounted Police; and

(b) the Minister has caused the proposed order to appear in the Canada Gazette along with an explanation of the Minister's views on why the order is appropriate based on the information received under paragraph (a).

Peter Fragiskatos Liberal London North Centre, ON

I very much welcome this amendment because I think it provides clarity that C-71 does not establish a long-gun registry. For that reason, it has my full support. The wording testifies to that fact.

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

Mr. Chair, the debate has been raging since Bill C-71 was introduced. That was the case even last night in the House of Commons because of the issue of bringing back a long gun registry. The government is telling us that there is no question of bringing the registry back, but we doubt it very much.

In order to close the loophole and ensure that the law is correct in this regard, we are proposing an amendment to ensure that there will be no return of a long gun registry, which cost Canadians $2 billion and was abolished because it was ineffective and unnecessary. We believe it is fair and would solve the problem.

Peter Fragiskatos Liberal London North Centre, ON

Mr. Chair, I don't believe the amendment should be supported because, as C-71 is already drafted, it ensures a consistent approach to firearms classification, where determinations are made by technical experts at the Canadian firearms program.