Bill C-71 (Historical)

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

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.

Firearms Act

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Madam Speaker, the deaths and gang violence the member refers to is exactly why I was so proud that our leader, Jagmeet Singh, wrote to the Prime Minister and extended an olive branch. He said that he and our party were willing to work with the Prime Minister to tackle the different issues in our communities, which were leading to this rise in violence that was so troubling for Canadians.

Going back to the question that was posed on government intervention, and even the question of my Liberal colleague across the way, this is where the fighting, the partisanship and the dialogue of the deaf, to use my colleague's expression, is problematic. We can get so hung up on how these administrative things are unfair. However, then the Conservatives will present an amendment basically trying to remove all criminal charges for what they deem administrative offences. This sounds great on the surface, but this is quote from officials in committee, who listed what kind of offences would not longer be criminally charged. The official said:

...the offences that it would propose there be no punishment for include “false statements to procure licences”, “false statements to procure customs confirmations”—...trafficking—“tampering with licences”, “unauthorized possession of ammunition”, “non-compliance with [a] demand to produce [a] firearm”, and “contravention of conditions of licences”...“duty to assist inspectors”...

This is why we have to be careful when we talk about administrative offences. While I certainly agree with the sentiment that we need to not have undue administrative burdens on firearms owners, when we think of victims' rights and the different crimes being committed, those administrative offences sound very dangerous to me.

It is important we put these things aside, and not light our hair on fire, sit down and really do the work necessary to ensure public safety.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I think the hon. member is the only member who has raised the issue related to mental health. In fact, a constituent wrote a couple of years ago about the loss of his brother. The brother had access to a gun and had owned a gun licence for many years. He used his gun and committed suicide. In that process, the family inquired about what happened and it wanted answers. Mostly family members wanted to ensure there were proper and more stringent requirements for people with mental health challenges to access guns.

At the time his brother received his gun licence renewal, he had disclosed that he had a mental health issue. At no time was there further follow-up done with respect to that to ensure there was a proper psychological assessment on owning the firearm.

Could the member comment on the ongoing issue of families in this situation, as well as how else we can address these issues to prevent these kinds of tragedies from happening?

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Madam Speaker, I thank my colleague for her question. When the bill was introduced, I had a troubling but important conversation with my colleague from Abitibi—Témiscamingue. She addressed the issue from her perspective as a member representing a rural riding. She is our critic for rural affairs. She explained that there has been an increase in the number of suicides committed using a firearm.

The Association québécoise de prévention du suicide appeared before our committee and gave some very troubling testimony, specifically related to stories similar to the one my colleague just shared with the House. Some people with a history of mental health issues are not being checked properly. They then have access to a firearm that they can use to commit suicide.

What really troubles me is that the association told the committee that, tragically, people who attempt suicide with a firearm are much more likely to be successful than people who use other horrible methods. That is why this matter is so important.

The minister mentioned Anastasia's law, which allows mental health professionals in Quebec to report to authorities any individual with mental health problems who could threaten or cause harm to others. However, victims' groups have told me that there are still problems with that legislation.

I have to admit that I do not know what the perfect solution is. However, the situation is so troubling that it makes me shiver just to talk about it. It is so painful to me. That is why it is so important to put partisanship aside, stop pitting these groups against each other, and understand that these are terrible situations that tear families apart.

We just want to keep Canadians safe. We do not want to use these sorts of issues as a political fundraising tool to help us get re-elected. We just want to do our job so that we can look at cases like the one my colleague just described and understand that there are people out there who are sick. We want to help them. Some of these cases are absolutely horrible. That is all we want to do.

[Karen Ludwig, Liberal, New Brunswick Southwest, NB]

Madam Speaker, I represent the riding of New Brunswick Southwest, a riding with many gun owners. We have at least 30 gun clubs. We also have one of the busiest gun dealerships in Canada.

For owners, guns can mean recreation and, sometimes, a way to put food on the table. For the clubs, sports shooting enhances socializing among those who admire craftsmanship in weapons and accuracy in targeting. For the dealerships, guns provide jobs.

I have discussed this legislation with owners, club members, dealers and other citizens all over my riding of New Brunswick Southwest. I also studied and completed a two-day course in firearms handling. I am proud to say that I now hold a firearms possession and acquisition licence.

I also talked with women's organizations, survivors of gun violence and law enforcement officials. I spoke with the Minister of Public Safety. I brought his parliamentary secretary to my riding to speak directly with gun club presidents.

Along the way, I discussed the bill with a good many members opposite. I enjoyed going to a shooting range near Ottawa with the outdoors parliamentary caucus. I have worked hard to fathom out this legislation and what it means for my constituents and other Canadians.

I conclude the following. I support responsible gun owners. I cannot see that Bill C-71 hurts them. Therefore, I support the legislation because it helps protect gun owners, as it does all citizens.

My riding, with its good, responsible gun owners, is considered a safe area. However, Fredericton and Moncton were also traditionally considered safe areas, too. We all remember the headlines about the tragic shootings in Fredericton in August of this year, and in Moncton in June 2014. It can happen so quickly when guns fall into the wrong hands.

Responsible people should be able to keep their guns without undue hindrance, but good people should be able to live freely in cities, towns and villages without undue risk from gun-carrying criminals or people who have threatened or inflicted harm on others.

Let us all remember the shocking number of tormented souls among us who, even though they were showing signs of mental difficulty, got hold of guns and committed suicide. Whether it is mental health, criminality or threatening behaviour, we should be able to double-check for dangers.

The bill is not a new handgun ban. It is not a long-gun registry. In large part it is not new. There is a commitment in this legislation not to reinstate the long-gun registry. A number of its main features existed before. We lived with those regulations for a long time, and they protected lives.

Then the previous government took them away. Since that time, for various reasons, gun-related deaths in Canada have sharply increased. So has the number of female victims of violent crimes with a firearm present.

Recreating and strengthening sensible legislation can put us back on a better track. For example, authorities will once again be able to require a permit for transporting restricted and prohibited weapons. This does not affect ordinary guns, only those on the higher side of danger.

In another restored regulation, the seller of a firearm will need to verify the purchaser's possession and acquisition licence. This will take a brief phone call. Responsible sellers and buyers will not object to that. Nor will they protest legislation that, as in decades past, required firearms vendors to record what they sold.

The existing law already enables those granting a firearms licence to consider an applicant's criminal offences or mental illness associated with violence or other history of violence, but only for the last five years. Bill C-71 allows taking account of the person's earlier history. That is a sensible change. It derives from a private member's bill put forward by a former Conservative MP.

The legislation incorporates other amendments from other parties in the House.

I hope we can continue to put public safety over partisanship. I am sure none of us want to hurt good people who own guns, but neither do we want guns in the wrong hands to hurt good people.

When all is said and done, this is a good bill for responsible gun owners. At times, strident voices from here and there have tried to paint too many responsible gun owners as villains. Sensible legislation can reassure the public that we are taking reasonable measures to keep guns in good hands and that common sense is prevailing.

I will be splitting my time with the member for Oakville North—Burlington, and I support this proposed legislation.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, in my area I have a number of farmers who need to use guns. I have hunters and sport shooters. The sport shooters obviously go to the shooting ranges, and so this summer I decided to go to two of the shooting ranges in my area and learn about sport shooting. I have a PAL myself, but did not know much about sport shooting. When I went there, I was impressed with the attention to detail that these clubs give to following the rules, safety guidelines, and being 100% sure that people who use these guns are adequately trained.

They are more than happy to follow the rules and make sure that guns do not fall into the wrong hands and to make sure that the background checks are done. However, they object to something like Bill C-71, which would create an extra burden on legitimate firearms owners. They are happy to accept the burden if they could be assured that it would actually increase public safety, but they are convinced that Bill C-71 is a public relations exercise intended to convince the public that this would somehow increase safety when in reality all it would do is target legitimate gun owners and do nothing against violent criminals and gangs.

[Karen Ludwig, Liberal, New Brunswick Southwest, NB]

Madam Speaker, certainly when we are looking at enhanced background checks, they are critically important. I know from experience the questions that were asked regarding the five-year background check, which I was pleased with. I think that going deeper with the background checks would present an opportunity not only for public safety but also for prevention from self-harm. We heard from other speakers earlier about the risk of suicide and that 80% of suicides are gun related. There are people who should not have guns and, to me, that is one of the most important pieces of the legislation that we are trying to put forward here.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Madam Speaker, I want to provide some context for the misinformation in the member's speech, as well as the rampant rhetoric from the other side. First, no evidence has ever been produced, and I have asked for it, on risks associated with the authority to transport, the ATTs. Not one case has ever been presented, and I have asked repeatedly for this information, showing that when law-abiding gun owners transport their firearms from a gun club to gun shop or to sporting competitions, or anywhere else, it has ever presented an issue. Second, the five-year background checks are not limited to five years but currently go the entire history of an individual.

I went to the member's riding in the summer and spoke to the same people she spoke to. I heard very loudly and clearly that they are not in favour of this proposed gun legislation. I wonder what the member has heard from her community at large in regards to Bill C-71 and their disapproval of the proposed legislation, which does not target criminals.

[The Assistant Deputy Speaker, Carol Hughes]

I would ask members to make their point and ask the question, because there is not a lot of time during a five-minute period. Hopefully members will have a chance to make their points when they do their speeches.

The hon. member for New Brunswick Southwest has an opportunity to respond.

[Karen Ludwig, Liberal, New Brunswick Southwest, NB]

Madam Speaker, my only regret when the member was in my riding is that he did not stop in for a visit.

As for what he heard in my riding, I have also heard concerns. Certainly, there is rhetoric that goes back and forth, which is why we need to look at issues as critical as this in the most bipartisan way. That, to me, is what is important.

I have spoken with gun club presidents, and there is a fear of what is next. What I am offering by way of reassurance is that I have done my homework. I went out, I took the firearms course and did my licensing. I talk with the largest gun dealer in Atlantic Canada every single week. I know their concerns. I have asked those questions, and I have put them forward to the minister. I think that is an important part of being a parliamentarian. However, I do feel assured in looking at the proposed legislation that it would not affect the average gun owner in my riding, whom I have the utmost respect for.

[The Assistant Deputy Speaker, Carol Hughes]

Before I recognize the next speaker, I just want to remind members that in the five-minute question and comment period, their preambles could be shorter. The individual should have the opportunity within one minute to say what he or she has to say and ask the question to allow other people to ask questions.

Resuming debate, the hon. member for Oakville North—Burlington.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Madam Speaker, it is my pleasure to participate in this debate on Bill C-71. The bill comes at a time when trends relating to violent firearms crime are rising at an alarming rate, making it crucial for all members of the House to support this legislation. The bill also deals with aspects of gun violence that are often overlooked: gender-based gun violence and suicide.

As legislators, we must do more than simply acknowledge a problem. We are here to pass legislation that will help to address those problems. Bill C-71's balanced and practical reforms would do just that. One of the aspects of this bill that I am proudest of is the introduction of mandatory life-history background checks that would expand the current timeline for background checks from five years to life.

I am pleased to see that the government has advanced the amendment that I made to Bill C-71 in committee, which should help to address the issue of intimate partner violence and suicide involving a firearm. The Toronto Star published an editorial this week entitled, “Gun control is a women's issue”, which stated that “Access to a firearm by an intimate partner increases the likelihood of femicide by 500 per cent.” The amendment puts a greater focus on intimate partner violence, and for the first time would explicitly require the chief firearms officer to look at a firearms licence applicant's online behaviour for signs of violence. I thank the member for Saanich—Gulf Islands for her assistance with this amendment. Public online behaviour is a red flag for violent behaviour. The members of the public safety committee clearly agreed, as the enhanced background check amendment I just mentioned passed, although some members of the Conservative Party abstained.

Yesterday I watched the Leader of the Opposition stand with the member for Lethbridge, his status of women critic, and state that he would repeal Bill C-71. He would repeal enhanced background checks and protections for women; he would repeal a provision in Bill C-71 that firearms are forfeited to the Crown when the courts prohibit firearms ownership. Instead, the Leader of the Opposition would support these firearms being given to a friend or family member who has a firearms licence.

Another amendment that I was pleased to see passed unanimously by the committee was put forward by the member for Charlesbourg—Haute-Saint-Charles, which read, “For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.” This is an important amendment because, as we know, during the election campaign the Prime Minister promised to deliver effective, common sense firearms legislation and also promised that we would not bring back the long-gun registry, and we have not. The amendment put forward by the Conservatives would ensure that every Canadian who read Bill C-71 could see that it clearly is not a long-gun registry. That sentiment was echoed by the Conservative member for Red Deer—Lacombe, who later that day told the committee, "everybody at this table agrees that this is not a registry". The Leader of the Opposition should perhaps consult with the members of his party sitting on the committee.

Other than that one amendment, the Conservative members put forward amendments that could not be supported. The vast majority of their amendments were nonsensical. Let me provide just one example of a Conservative amendment. Conservative amendment 40.2 read:

The act is amended by adding the following after section 11:

112. Despite sections 109 and 111, no person guilty of an offence set out in those sections is liable to imprisonment if, in the commission of the offence, the person causes no bodily harm to another person.

Let us see what kinds of offences are referred to in sections 109 and 111 of the Firearms Act, which the Conservatives would not like to see punished. One of those offences is deliberately lying in order to get a firearms licence. The law says that one knowingly has to mislead in order to be convicted. The Conservatives wanted there to be no punishment for that. Another one is tampering with a firearms licence or registration certificate, or operating an illegal firing range. The Conservatives wanted no punishment for that. Another is how to store prohibited weapons. The Conservatives wanted to remove the penalties for people who just leave a fully loaded automatic handgun sitting around. The Conservatives also wanted to remove the penalties for lying to a customs officer about a firearm or for falsifying a customs officer's confirmation document, in other words weapons trafficking. They wanted to remove the penalties for cross-border weapons trafficking.

What is worse, when the Conservatives asked an official from the Department of Justice during the meeting about the effect of the amendment, he told them very clearly that the amendment would remove the punishment for all of these offences, including weapons trafficking, and they still voted for it. We, of course, defeated the amendment.

My colleagues in the chamber might think that maybe the Conservatives went a little bit rogue in introducing this amendment at committee. In fact, this amendment was introduced deliberately. The amendment was drawn directly from the leadership platform of the leader of the Conservative Party, a platform that happened to be taken down from the Internet just hours after he became the Conservative Party leader.

Let us return to the committee deliberations. The Conservative member for Red Deer—Lacombe told the committee members that this amendment was about helping prevent people from becoming paper criminals. Specifically he said that "what I'm proposing—and I'm hoping my colleagues will see it—is that in the event that somebody finds themself offside with the law in the sense that it's only a paper crime...”.

Let me read from page 10 of the leader of the Conservative Party's leadership platform in which he made seven distinct promises on firearms. The sixth commitment was to “Decriminalize administrative infractions”, which he said were “a complete waste of government and police resources.”

Anyone who has been around this place have heard Conservative MPs talk about how people should not become paper criminals for having committed an administrative infraction. Conservative amendment 40.2 may seem nonsensical to most people. Why would anybody remove penalties for people who lie to customs officials to traffic weapons into our country? However, it was in the platform of the leader of the Conservative Party and the Conservative members of the committee were merely trying to implement what their leader had promised Conservative party members in order to win the leadership of the party. As I said, Canadians should be very concerned about this.

The Conservative Party leader's other platform commitments included things like eliminating the prohibition against handgun magazines that can hold more than 10 bullets. What transpired at committee shows that he intends to keep his leadership election promises. Indeed, just yesterday, the Conservative Party leader held a press conference, standing alongside one of my Conservative colleagues on the status for women committee, the member for Lethbridge. At it he vowed to repeal this legislation should Canadians choose to elect a Conservative government in 2019. Personally, I find it disturbing that the member for Lethbridge, who is also the status of women critic for the official opposition, would support repealing a bill that strengthens protections for survivors of domestic violence.

On this side of the House we do believe that someone who deliberately lies to get a firearms licence should face a penalty. We believe that someone operating an illegal firing range should be punished, not only because it is dangerous but also because it takes business away from properly licensed owners of legitimate shooting ranges. We certainly believe that you should not be able to lie to a customs official to traffic weapons across the border and get away with it, and we believe that women deserve protections.

In fact, coercive control, such as when a man uses a gun to control women without ever pulling the trigger, is real and happening right now. An Oakville resident sent me a note that states, “let me just say that you can endure the physical and emotional abuse but when he pulls out a double barrel shotgun, loads it and tells you he is going to kill you then you know true terror! Thank you for looking out for the victims before they become statistics.”

Our government is speaking out for women like this, while the Conservatives continue to ignore them. We are taking into account domestic violence and suicide when we are looking at Bill C-71 and not ignoring those important issues for Canadians. That is why I encourage all of my colleagues in the House to support this bill at third reading

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

Mr. Speaker, my colleague, who sits on the same committee as I do, is making a lot of outrageous statements today. What she is saying is completely inconsistent with the will and actions of the Conservative Party. First, with regard to her statement that the Conservatives want to repeal enhanced background checks, I would like to say that, on the contrary, we voted in favour of them in committee. That is one thing about the bill that we like and that we would keep in the new law we would create.

The penalties handed down to those who forget to renew their licences have absolutely nothing to do with cross-border weapons trafficking.

Why is my colleague confusing that with the existing Customs Act, which we strongly support?

As I mentioned in my speech, when the Conservatives were in office, we passed many bills to strengthen the law against people who use firearms illegally.

Why is my colleague making false statements and trying to portray us in a false light?

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, I am not sure what the question was. However, I do recall that when I brought up this amendment in the House back in June, the member opposite did not even remember introducing it.

Hopefully, my colleague remembers the government official looking at all three Conservative members of the committee and saying that the inclusion of that amendment would, in fact, include trafficking in weapons. They still chose to vote in favour of their amendment. None of us did on this side of the House, nor did the NDP members, because we knew that there need to be penalties for trafficking, for lying to customs officers and other important issues, which would have been removed from Bill C-71.

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

Mr. Speaker, in my riding of Kootenay—Columbia, hunting is part of who we are and part of our culture. I used to be the regional manager for the ministry of environment responsible for fish and wildlife regulations in my part of British Columbia. It is very much part of who we are, and I would have a very difficult time supporting any bill that would add to the administrative burden or actual costs for the hunting public. On September 1, bow hunting begins, and September 10 is rifle season. I want to know, in the opinion of my colleague across the floor, if this bill would add any undue administrative burden or new costs for hunters heading out the door in the average hunting season, which started on September 10.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, on this side of the House, many of my colleagues are hunters and very aware of the importance that hunters place on hunting. With this legislation, we are putting in place common-sense proposals that would ensure hunters can continue to hunt and that proper legislative controls exist. There will not be additional costs. We need regulations for firearms. I know the member and law-abiding firearms owners agree that there need to be restrictions on firearms. They own guns and are quite prepared to comply with the law.

I can assure my colleague that in fact this legislation would provide protections for those people I mentioned, while, at the same time, respecting hunters, target shooters, those who go to shooting ranges and are law-abiding firearms owners.