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

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, I want to congratulate the member for Medicine Hat—Cardston—Warner on his distinguished 35-year career in the Medicine Hat police department. He has seen a lot on the streets not only in Medicine Hat but certainly in Alberta and the whole country. I saw that first hand when the member came to my riding a couple of weeks ago. He is very respected in the police community nationwide. We had a meeting in Saskatoon with a number of police officers and they spoke glowingly about the member, who now represents Medicine Hat—Cardston—Warner.

I want to thank him for his work on this file and I want to thank him for a number of reasons. First, I would like to thank him for having consultations not only in Alberta and Saskatchewan but also for when he visited Saskatoon—Grasswood. He has been going coast to coast talking to citizens in this country about Bill C-71.

While he was in Saskatoon, we held a very successful town hall. I would like to know what message he heard from my constituents and what feedback he would like to share in the House of Commons today.

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

Mr. Speaker, I thank my colleague for his hospitality when I was in Saskatoon. What is unique about each community and region of our country is that they have unique crime issues and specifics around gun and gang violence. In the town hall we had in Saskatoon, the message was very loud and clear from some very experienced and learned individuals on this legislation that they felt targeted. They felt the provisions in this bill, as proposed and as amended, would not deal with the issues they and their community are facing with respect to gun and gang violence. They feel they bear the brunt of it because they are easier targets. They already follow the rules and the legislation in place, and they feel as if they are the ones who are being targeted by this legislation. Quite frankly, they are disappointed and angered at the fact that there is so much effort being put into making sure that those who already follow the rules are being targeted, while those who do not are not even mentioned in this legislation.

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

Mr. Speaker, the Ontario coroner's death review panel said that 26% of women who were killed by their partner were killed using a firearm. In Oakville North—Burlington in January of this year, a woman was shot and killed by her partner.

The member stated that this legislation would do “nothing for public safety” and that we are not taking our “duty to protect Canadians seriously”. I would like to know why the provision of Bill C-71 that would enhance the safety of women in their homes is not included in the definition of public safety?

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

Mr. Speaker, I cannot speak to those cases directly because I am not aware of them. Were they individuals who had lawful authority to have a firearm? That is the question I would have in that case.

Second, of course the issue of intimate partner violence is an issue in this country that needs to be taken seriously. Having a small line or identifier in bad legislation does not change the fact that we are not going to be able to prevent that. We need a different, better, more comprehensive understanding of what the issues are.

I applaud the member opposite for the motion she put forward after the fact in order to deal with some of the issues we are having in this country not addressed in Bill C-71. I am just disappointed those issues were not addressed during the opportunity we had to address them. Changes that would have impacted positively on public safety could have been made to Bill C-71 when we had the chance.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, I raised the issue earlier around individuals with mental health challenges and their access to guns. For some people, after many years of owning a gun a tragedy occurs whereby the person commits suicide. The regulations and policies in place do not adequately deal with that situation. Could the member comment on that, as well as how we can bring in initiatives to prevent, as much as is possible, these tragedies from occurring?

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

Mr. Speaker, mental health concerns are huge in this country and are certainly impacted when access to firearms is in play. We need tighter scrutiny around that. We agree that we need changes. The comments that were made before, about our leader suggesting yesterday that we are going to be repealing Bill C-71 when we form government in 2019, are accurate. However, what was not mentioned was that as recently as this morning, we are talking about some of the ways that needs to be changed. We are talking about individuals who pose a risk. We need to ensure they no longer have access to firearms, or that we would deal with them in a way that currently does not exist in legislation and certainly is void in Bill C-71. It is an issue of public safety that we have to take seriously.

[Salma Zahid, Liberal, Scarborough Centre, ON]

Mr. Speaker, I will be splitting my time with the hon. member for Scarborough—Guildwood.

I rise today to speak on C-71, an act to amend certain acts and regulations in relation to firearms.

It is appropriate that this is the topic of my first speech following my return from medical leave. While I was away, a series of unfortunate and sad acts of violence involving firearms across Toronto have driven home to our community the cost of firearms violence, how they ripple across the community beyond just the victims and their loved ones, and the need for new ideas and a new approach to combatting firearms violence.

We can talk about statistics. I can tell members how, in 2016, there were 223 firearms-related homicides in Canada, which is a 23% increase from 2015 and the highest rate since 2005. Between 2013 and 2016, the number of female intimate-partner violence victims when a firearm was present during the incident increased from 447 to 586. However, statistics, while important for context, cannot illustrate the emotional, physical and psychological toll these acts of violence leave in their wake.

I would like to highlight three recent acts of firearms violence that have shaken my own community of Scarborough Centre in recent months. In fact, two incidents have taken place in the last two weeks, within days of one another.

Last Friday night, a 16-year-old boy was shot and died on Bellamy Road North. This was not a case of being in a dangerous area late at night. He was in front of an apartment building in the early evening. Police responded to reports of gunshots around 6:45 p.m. Neighbours say that he was a good kid and not involved in any bad activities. Perhaps it was a case of mistaken identity. This young man who lost his life at the age of 16 will never finish high school, never have the chance to go to college or university, and never have the chance to pursue his dreams. He was Toronto's 77th homicide victim of the year, but behind that statistic is a life that will never be.

Just a little more than a week earlier, on September 4, the day our kids went back to school after Labour Day, a woman's life was forever changed on a Tuesday evening in her own home on Birchmount Road near Ellesmere Road. Emergency crews were called to a basement apartment in a private residence just after 10 p.m. to find a woman believed to be in her fifties with a gunshot-related injury. There was no one around, and because of her injuries, she was unable to communicate to the responding officers what had happened. She had been shot in the neck. Thanks to the efforts of the first responders and medical professionals at a nearby trauma centre, she will survive, but she has suffered life-altering injuries and could be left paralyzed. Another life has been dramatically changed by an act of firearms violence.

In May, there was another incident of senseless gun violence that hit close to home. It happened next door in Scarborough—Guildwood but the victim and his family are from Scarborough Centre. On May 21, around 3 a.m., an 18-year-old was shot dead and a 17-year-old suffered life-altering injuries when they were shot in their car in the Scarborough Golf Club Road area near Ellesmere Road. Neighbours were shocked, as they call it a quiet neighbourhood. Police say they believe it was a targeted shooting. The 18-year-old victim was Mohammed Gharda. He was Toronto's 30th homicide of the year. The survivor's family has asked that his name not be released. I visited him and his family at Sunnybrook's trauma centre in the days following the incident. He faces a long and difficult road to recovery and has lost his vision in one eye.

These are just three incidents out of many that have touched my community and have touched Toronto. There have been too many others. Between the incident in May and the one last week, 47 more people were murdered in Toronto.

As a mother of two young men now attending university, I think of how I would react if I got that phone call, if the promise their lives hold and the dreams my husband and I have for them were suddenly extinguished, just another statistic. Behind every number is a story: a grieving family, a life snuffed out. Too many of the victims are youth, with their whole lives ahead of them: future teachers, future doctors, future scientists. Who knows what they could have accomplished, what they could have achieved and what they could have contributed to our communities and the world?

I would consider Bill C-71, which we are debating today, to be a common-sense bill. It is a first step that contains a number of provisions related to firearms safety that certainly make sense to me and are worthy of our consideration and support. It is not our intention in any way to penalize law-abiding firearms owners, but merely to put in place regulation and policy that help ensure only law-abiding citizens have access to firearms and that they use them in a responsible manner. As with many other things in our society, it is about balancing rights and responsibilities and the interests of public safety.

With enhanced background checks, for example, we are making sure only responsible people can become firearms owners. Currently, only the last five years can be considered while making a decision to grant a firearms licence. We will remove that five-year limitation so that if a person has committed one of several listed criminal offences, is being treated for mental illness associated with violence or has a history of violent behaviour, that information can be considered. I find that hard to argue with. We should be diligent when considering who can and will be a responsible firearms owner.

With Bill C-71, we are also seeking to close a loophole around licence verifications. Before 2015, if individuals or retailers were selling firearms, they had to verify the purchaser had a valid possession and acquisition licence, or PAL. Basically, they had to make sure they were legally licensed to own firearms. The last government changed that to, “the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm.” Basically, they were asked to take the person's word for it. That is fine if the buyer is indeed a responsible and licensed firearms owner, but, as we know, irresponsible people try to get their hands on firearms, too. By returning to the pre-2015 system, sellers will need to make a call to the firearms registrar to verify the seller's PAL. It will take less than five minutes, cost nothing to the seller or the buyer and will close one loophole that could allow firearms to enter the wrong hands.

We are also strengthening requirements for vendor record-keeping. Most vendors already track sales information, but there is no requirement that they do so. Provincial governments used to require record-keeping as a condition of obtaining a licence to sell firearms, but the last government prohibited them from making that a requirement of licence in 2011. We will again make record-keeping a federal requirement. It is important to note that this information will not be available to police except through a court-ordered search warrant obtained in support of an active investigation. I think we can trust our courts to make the right decisions. I would note that this is also federal policy in the United States.

Finally, another provision I would like to highlight is weapons classification. The Conservative government took the decision-making ability for firearms classification decisions away from the experts at the RCMP and, instead, turned it over to the federal cabinet. Let me be clear that I have great faith in my capable colleagues who serve Her Majesty in cabinet. However, they are not firearms experts and I do not think such decisions should be made by a group subject to political whims and pressure. By returning this classification authority to the RCMP to operate based on law passed by the people's elected representatives in this Parliament, we are removing political interference from the equation and ensuring that evidence-based decisions are made by independent experts.

As I said earlier, I believe Bill C-71 is an important first step in common-sense firearms safety and I will be supporting it, but I believe we need to do more. My constituents in Scarborough Centre want us to do more. We need to look at why so many young people turn to violence. Too many people have lost their lives to firearms violence. I think we can and must do better, we can and must do more.

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

Mr. Speaker, I want to thank our colleague for her speech today, especially the part where she described a number of scenarios where people's lives were taken.

Any senseless gun violence is a terrible thing, as everyone in this House agrees. However, the unfortunate thing here is that this legislation is completely weak in dealing with that particular issue. We keep hearing the terms “gangs” and “crime with guns” coming from the mouths of the members here, but this legislation does nothing to deal with that. It is like taking a fly swatter to kill an elephant, and this elephant is huge in our society.

Therefore, we have deep concern on this side of the floor about dealing with gang violence and gun violence, which brings me to this point: If the member and her colleagues are truly concerned about this, why then are they prepared to remove penalties for serious crimes with Bill C-75, such as participating in an organized crime, or getting material benefits from human trafficking, or abducting a person under the age of 14?

These are serious crimes, often using guns and gangs, yet that members on that side of the floor appear prepared to remove serious penalties to the point where they could be as low as a fine. How can this be a reasonable behaviour when they are prepared to basically penalize law-abiding gun owners with more red tape?

Some of the smaller issues in this bill are good, but the majority of the bill is useless and would do nothing but create more bureaucracy in the form of a registry. It would do nothing about these issues, which they are prepared to turn a blind eye to.

[Salma Zahid, Liberal, Scarborough Centre, ON]

Mr. Speaker, the first thing I want to let the hon. member know is that this is not a gun registry. Our Prime Minister has been very clear. This was standard practice before gun registry. Responsible retailers are already doing this anyway, and the police can access the information only with court orders for an ongoing police investigation. These are common-sense changes, which we are making to ensure that the guns are taken off the streets. We are investing $327 million over five years and $100 million annually thereafter in new funding for initiatives to reduce gun crime and criminal gang violence.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I want to begin by telling my colleague that I was touched by the stories she shared. These were particularly sad stories. I think that everyone is worried about gun violence.

I also want to tell my colleague that it is sometimes a bit difficult to grasp the distinctions between firearms obtained legally or illegally, and particularly between unrestricted, restricted or prohibited firearms.

Unfortunately, the bill will have no effect on illegal firearms. It will have no effect on organized crime or smuggling. It will make administrative changes to how people may legally obtain firearms. The majority of the crimes the member talked about were mostly likely committed with illegal firearms that were acquired through organized crime, for example.

We do not want to confuse people or make them fear legislation that, in reality, does not address a problem.

Has the member talked to the new minister about how to address violence committed with illegal guns? Is the minister available to hear from opposition members who have suggestions?

[Salma Zahid, Liberal, Scarborough Centre, ON]

Mr. Speaker, as I said in my speech, we definitely need to do more, and we need to look at why so many young people turn to violence. I am proud that our Prime Minister agrees that we need to do more. That is why he has appointed my colleague from Scarborough Southwest as the Minister of Border Security and Organized Crime Reduction, and told him to put everything on the table when it comes to action to address this violence. I will read from the minister's mandate letter:

You should lead an examination of a full ban on handguns and assault weapons in Canada, while not impeding the lawful use of firearms by Canadians.

Therefore, we will definitely need to look into different options, and I look forward to participating in those consultations.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Mr. Speaker, before I start, may I say it is a delight to see my colleague for Scarborough Centre back in the House after her recent illness. We share a border, and I know her to be a very hard-working MP. When she supports Bill C-71, I know it is on the basis that she has a very good ear to the ground and has worked hard with her constituents to establish her support.

It is an honour to rise and speak to Bill C-71. I have the good fortune to chair the Standing Committee on Public Safety and National Security. As the chair, I remained relatively neutral as the debate occurred. However, it is not as if I do not have an opinion on Bill C-71.

After hearing 39 witnesses, reading 101 briefs, and meeting for over 18 hours, we now have an amended bill back in the House. This does not include either the minister's or his parliamentary secretary's extensive consultations, both within and outside of caucus.

At its heart, Bill C-71 is a relatively modest bill. It tries to do three or four things.

First of all, it tries to remove the decision on the classification of guns from the Governor in Council, namely the government, i.e. politicians, and place it with the RCMP.

Second, it grandfathers individual licence-holders in two sets of prohibited weapons, one being Czech and one being Swiss. Then, on a specific day that has already passed, June 30, it reinstates those weapons as prohibited weapons and makes new acquisitions prohibited. Under the previous legislation, or the order under the Governor in Council, those guns were not prohibited.

Third, it expands the realm of inquiry into background checks.

Fourth, it requires vendors to keep a record of sale and have a potential purchaser show a valid licence. There has been some considerable discussion about that over the course of the morning.

In addition, two very significant amendments were made. The first was unanimously agreed to by the committee, and I quote from the amendment: “nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.” In other words, it was unanimously agreed that this bill is not a gun registry. That amendment was moved by a Conservative member, the critic for public safety.

As my colleagues know, the term “gun registry” sends both sides of the debate into paroxysms of fear and loathing, which is not particularly helpful in actually reconciling this dialogue of the deaf. It seems to happen every time guns are debated on this floor. Apparently, anything that might make it easier for police to trace a weapon in an efficient way is something to be resisted at all costs, even at the cost of solving a crime.

The second amendment expands the realm of inquiry for someone looking to acquire a firearm licence. For instance, looking into somebody's digital life is good, and looking into someone's history of violent and threatening behaviour is also good. That amendment also passed unanimously after some vigorous back and forth among committee members.

In my view, the arbiter of the weapons classification system should be the Royal Canadian Mounted Police, not the Governor in Council. The first of the two main arguments against the removal of the GIC states that there is no right of appeal. This argument presumes that there should be a constitutional right to challenge the RCMP's classification or that of the Governor in Council.

ln my view, when those who are in the pro-gun lobby think that a weapon has been classified as too restricted, i.e., prohibited or restricted, there is no one they can lobby to downgrade that classification: not an MP or a minister, and not during an election or after an election. The reason is as imaginative as one can be. I cannot understand why people would think that I, a politician, not particularly familiar with the classification of guns, should have any say in whether a gun is restricted or prohibited or not, on the basis of its millimetres, calibre, frequency of fire, length of barrel, etc. This is a responsibility that is appropriate for the RCMP only.

The second argument is that the RCMP makes mistakes. I do not know anybody who does not make mistakes. I do not know of any organization that does not make mistakes or is entirely consistent, including the courts, and indeed including this chamber.

However, there are a number of administrative and quasi-judicial entities from which there is no right of appeal and whose decisions are final. The classification of firearms seems to me to be one of those areas of administrative law in which it is appropriate that the police classify and make the final decision. I would note that any administrative decision can be appealed regardless.

Personally, I would rather take my chances with an organization that has a daily life experience with firearms, rather than some people in cabinet or on the floor of the House.

The firearms that are listed in Bill C-71, the Swiss and Czech firearms, which were grandfathered until June 30, were given a lower classification. This just illustrates the problem: Some people would have classified them as restricted, some would have classified them as prohibited, and some would have classified them as not restricted. I believe the RCMP should make that decision.

Finally, Bill C-71 requires a business to keep a record of sale. This might be thought to be obvious, and apparently it has been obvious for a number of years in a number of jurisdictions. Bill C-71 makes this a requirement. Many are convinced that this makes for a backdoor registry. Apparently, business records held by multiple private businesses across the country constitute a backdoor registry in the minds of some. I would hope that the amendment, as moved by the Conservative member, and as agreed to unanimously by the committee, puts an end to that argument.

In conclusion, this bill is exceedingly modest. Expanding background checks is good. Removing political input into the classification of firearms is good. Requiring the retention of sales records is good. The reclassification of certain weapons is good. I believe colleagues should support this bill as amended.

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

Mr. Speaker, in my riding I have a number of farmers, hunters and sport shooters. This summer I took the opportunity to visit a few of the sport shooting ranges and was impressed with the increased attention they were giving to safety and training. They are totally committed to the safety of firearms, proper licensing, background checks, and all of these things. They are convinced that Bill C-71 has good intentions but does nothing more than make it difficult for lawful gun owners. They believe it does nothing toward increasing the public safety of our country.

My colleague who just spoke has been quoted as saying, “I don’t think I speak out of turn when I say that there is no tolerance for people having guns in Toronto, period—long guns, short guns, in-between guns, fast guns, slow guns.” Coming from the chair of the committee that studied this bill, this shows a lack of understanding of the number of gun owners there are in Toronto who are sport shooters and hunters, and who abide by the rules as they are.

I am also wondering if the member could comment on his thoughts about the Liberals' eventual plan to ban all firearms.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Mr. Speaker, I have the great honour to represent a riding in the east end of Toronto, a riding I have represented for 20-odd years. I believe I have some authority and right to speak to this on behalf of my constituents.

It is virtually unanimous that there is no need to have handguns, or any kind of guns, in one's possession in the city of Toronto. That was reflected in the unanimous motion by the City of Toronto. It was reflected in the unanimous motion by the City of Montreal.

If there is a requirement to sports shoot, that can be accommodated. However, to have firearms in one's possession creates difficulties. We heard at committee that the possession and ready availability of weapons made for higher incidents of crime, with very tragic consequences.

I am sure my colleague would actually support the elimination, reduction and control of weapons, as much as possible. I look forward to him supporting Bill C-71.

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

Mr. Speaker, I support Bill C-71. I am particularly grateful to have this chance on this debate. I attempted to gain the floor a few times before today.

I did want to draw attention to one amendment I am particularly pleased to note was achieved through collaboration, which is always nice to see, and non-partisan co-operation in the clause-by-clause. One of my amendments was adopted, changed, and re-emerged as an amendment by the hon. member for Oakville North—Burlington. I am grateful to her. I want to mention this amendment again, and ask my friend from Scarborough—Guildwood for his thoughts on it.

What we have done is expand those things for which prospective gun owners will be screened to include any history of threats of violence against an intimate partner. I am feeling optimistic that the legislation may help protect usually women, but not always, from being killed at the end of a bad relationship. I cannot begin to describe how bad that is.

The history of violence against women in the country has to come to a stop, and threats of violence against intimate partners are now in the fabric of the legislation as a reason that someone would not be able to buy a gun.