This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
Ralph Goodale Liberal
This bill has received Royal Assent and is now law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
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.
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.
Marilyn Gladu Conservative Sarnia—Lambton, ON
Mr. Speaker, I am astounded that the Liberal government is trying to bring back the gun registry in this sneaky and indirect way. It says it is because it wants to eliminate problems with gangs and guns in big cities.
Could my colleague tell us how this bill is going to help address that, when the gangs do not adhere to the current laws?
Matthew Dubé NDP Beloeil—Chambly, QC
Mr. Speaker, I want to thank my colleague for her question because it does allow me to get into that aspect, which I did not have a chance to raise in my speech.
The Conservatives have correctly raised the issue that this is far from sufficient. It is only one piece of the much larger puzzle of how we tackle the growing epidemic of gun violence. There are a few things we could do.
First of all, when we talk about counter-radicalization efforts, we often talk about it in the context of radicalized individuals committing acts of terrorism, but that also applies to dealing with gangs. Gangs, too often, are recruiting vulnerable young people. That is something that we need to stem the tide on.
Certainly, the government falls back on the money that is invested, but as with any investment made by a government, the devil will be in the details of how that money will be spent and what initiatives will be looked at. While the summit that took place here in Ottawa a few weeks ago was a welcome overture to that, it is definitely far from sufficient. That is one issue.
The other issue is tackling the issue of guns coming across the border from the U.S., which is a huge issue, and making sure CBSA has both the authority and the resources to tackle that and is able to collaborate with law enforcement. There is also the growing epidemic of domestic thefts of firearms, which is a problem, and a problem that both rural Canadians and law-abiding gun owners will look at as something they want the government to tackle as well.
There is a whole slew of issues here. I will just end with this. I think another thing that would be great to bring back, which unfortunately was a cut in the previous Parliament, is the police recruitment fund. It was a great fund that went to funding both provincial and municipal efforts. It was federal money that went to the provinces and municipalities to invest in police and policing. When that money was lost, we saw things like the Éclipse squad in Montreal being hurt by that. Their mandate, in large part, was to tackle gang recruitment and gang violence.
Those are the kinds of initiatives we can look at. Certainly more robust background checks like we see in this bill are helpful, but far from the end of that discussion. I welcome the Conservative members' contribution to the debate in that regard, because it is an important issue. This is certainly not the end of that discussion with this legislation.
Marjolaine Boutin-Sweet NDP Hochelaga, QC
Mr. Speaker, my colleague raised several extremely important points. People around the world these days know that gun control cannot be taken lightly. I am concerned that as a result of the petty politics in this place, the partisanship and time allocation motions, we will not have enough time to debate this bill properly and, consequently, it will have serious flaws because of the sloppy work.
Does my colleague believe that the lack of debate has consequences? If yes, what are they? What key aspects must not be forgotten in this bill?
Matthew Dubé NDP Beloeil—Chambly, QC
Mr. Speaker, I thank my colleague for her question and comments. She has hit the nail on the head.
Background checks through an individual's lifetime instead of the past five years is a good initiative that is supported by many stakeholders across the political spectrum. In addition, repealing certain provisions brought forward in the last legislature concerning the transport of firearms is a step in the right direction.
Our questions are mainly about the cost of these measures. How will they be implemented? These are legitimate questions raised by the people we represent, on both sides of the debate. It is very important to mention this. The NDP's approach has always been to be respectful of everyone because we must protect public safety with as little partisanship as possible, even though that is the nature of this place.
As my colleague so rightly said, it is hard when the government moves a time allocation motion when there has been so little time for debate. Members must then ask technical questions during the debate on the time allocation motion because that is the only opportunity they have to do so.
I have complete faith in the Standing Committee on Public Safety and National Security, of which I am a member, and I look forward to being fully involved in this work. However, at the end of the day, members have questions to ask on behalf of their constituents. This is a missed opportunity, because we do not want the issue to be politicized. We must succeed at the first attempt, insofar as possible. That is what the NDP is going to try to do with this government's bill.
Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons
Mr. Speaker, what we have in Bill C-71 is the fulfillment of a commitment the government made in the past election to bring forward reasonable and appropriate legislation dealing with a number of different issues related to safety. The Minister of Public Safety made an excellent presentation on why the legislation is good for Canada.
I believe the member across the way made reference to the NDP supporting the legislation. Perhaps he could expand on that, if in fact that is the case, and whether he has specific amendments he would like to see at committee stage.
Matthew Dubé NDP Beloeil—Chambly, QC
Mr. Speaker, I thank my colleague for his question. We will support the bill at second reading, but we intend to ask questions and propose amendments in committee.
That being said, I cannot provide a detailed answer to his question at this time. This bill must still be thoroughly reviewed, and I have to consult my constituents and public safety authorities, as well as my colleagues, to find out their constituents' concerns. I have already had some excellent discussions with them to ensure that I raise the most important issues in the time that I have. Sometimes we do not have as much time as we would like, but that is the reality of our work—when the speaking time is not limited by the government, of course.
I thank my colleague for his speech and I would like to reiterate that we will support the bill at second reading. We will certainly discuss it. I hope that the minister will be open to amendments and to the work done by the committee. I will certainly not be shy about approaching him and his parliamentary secretary with suggestions, which we will also raise in committee.
Marco Mendicino LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada
Mr. Speaker, it is a great honour and privilege to speak on Bill C-71. At the outset, I would like to say that I will be sharing my time with the member for Glengarry—Prescott—Russell.
There is a great family establishment in my riding, which is in the middle of Toronto, called Playtime Bowl and Entertainment. It is a place where mothers and fathers can take their children and their loved ones to kick back at the end of a busy week, where they can distract themselves with a bit of close time with the ones they care for and work for every day. I take my girls there, like many families in my community do.
The reason I am referring to this establishment at the outset of my remarks is this. A little less than two weeks ago, on a weekend night, shots rang out. Shortly after those shots rang out, the lives of two people were lost. This is part of a disturbing trend we have seen not only in my community, in the city of Toronto, or in the GTA, but right across the country, and it is something all members should be fully grasped with.
In Toronto there were 61 homicides in 2017, many of which were associated with some form of gun violence. In 2018, 28 shooting incidents have already been reported. This number is up 55% from this point in time last year. I want to say that this is in spite of the great efforts of local police officers with the Toronto Police Service, and with many actors within law enforcement. The reality is that gun violence is all too common in many neighbourhoods, not only in Eglinton—Lawrence but right across the country.
One of the victims whose life was lost just outside of this family establishment had been at an IKEA earlier in the day shopping for a cradle in anticipation of starting a family. This person was described as caring and humble. That is one more life that has been snuffed out as a result of gun violence. It is for this reason that so many within the law enforcement, police, and victims communities have been calling for gun law reform for so long.
Bill C-71 is a response to those calls. It contains practical and balanced reforms, including mandatory life history background checks, strengthening controls for the transport of restricted and prohibited firearms, prohibiting certain firearms that meet the Criminal Code definition and limiting their circulation through grandfathering, applying a consistent approach to the classification of firearms, and cracking down on unlicensed access to firearms. Together, these reforms prioritize public safety while ensuring their practical and fair application to responsible firearms owners.
What Bill C-71 does not do in any way, shape, or form is bring back the federal long gun registry, nor does it add any unreasonable measures for law-abiding citizens. I want to make that abundantly clear. It is focused on preventing firearms from falling into the wrong hands and keeping our communities safer. That is what I would like to focus my time on today.
Overall, crime rates in this country are much lower than what they were decades ago. However, while we are seeing a general downward trend in crime, these statistics do not tell the whole story. There is no question that illegal guns are increasingly finding their way into the hands of criminals and gang members. Handgun thefts have recently jumped up by nearly 40%. Break-ins and illegal sales in Canada are only compounding the problem. Even more concerning, there were 223 firearm-related homicides in Canada in 2016, which is 44 more than the previous year. There were nearly 2,500 criminal incidents involving firearms in 2016, which is also a major jump, to the tune of a 30% increase since 2013.
While some of our largest cities are hardest hit by these statistics, this is not just an urban problem. Rural and indigenous communities are also affected. Not every crime can be prevented, but we can and we must take measures to reduce the risks.
The first set of proposals we have introduced would help to stop firearms from falling into the wrong hands. These measures would spell out quite clearly that if a person is planning on selling or giving a non-restricted firearm, it must be verified that the person acquiring it has a valid firearms licence. This occurs automatically for restricted and prohibited firearms and that validity must be confirmed with the RCMP. Currently, verifying licences for non-restricted firearms is voluntary. We are proposing to make it required by law.
Recent police-reported information would be taken into account. For example, an individual flagged for investigation by a chief firearms officer because of a charge of domestic violence could be prevented from lawfully acquiring a firearm until the investigation was complete and the licence was returned to valid.
Further, in determining eligibility, authorities would be required to consider a history of certain criminal activity or violent behaviour over the span of a lifetime, rather than just the past five years. What we are saying is simple. If a person is eligible to own a non-restricted firearm, let us take a few minutes to confirm it. A simple phone call, for example, to the RCMP, free of charge, would answer that question.
This is one of the practical proposals regarding the firearm licensing eligibility criteria. We must also improve how firearms themselves are dealt with.
The authorities have a process for tracking firearm-related crimes, which involves systematically tracking the history of a firearm that has been recovered or seized. The chain of custody starts when the firearm is manufactured or imported, and continues on to when it is sold or transferred, and even beyond that.
What is most worrisome is when the firearms fall into the wrong hands. This is why a rigorous, effective, and unrestricted firearm tracking system would be essential for this law to be enforced.
That is where a strengthened ability to trace non-restricted firearms effectively would be essential for law enforcement.
All of this is being proposed with privacy rights top of mind. In that respect, law enforcement would have no special powers here. They would need to continue to comply with existing laws. All of it is supported by applying a consistent approach to classification of firearms, and requirements for safe and legitimate transport. It is backed by over $327 million of new federal funding to support initiatives aiming to reduce gun crime and criminal gang activities.
The government understands that changing the law is only one piece of the puzzle. Efforts like capacity-building, education, outreach, research, and importantly, more front-line police officers are being dedicated through this new federal funding. We believe in effective measures that strengthen public safety, while remaining fair and manageable for law-abiding owners and businesses. Firearm-related violence has not been the norm in Canada. We intend to keep it that way. That is why I am proud to be standing behind Bill C-71 and this legislation today.
Before I conclude my remarks, I would just encourage all members to think about the innocent lives that have been lost, to remember that in the course of debating this bill what we are trying to do is not only to pay homage to those lives which have been lost needlessly and senselessly as a result of gun violence, but also to prevent the next unnecessary loss. This bill would do that. It would do so in a way by striking a balance between having sensible laws while at the same time respecting responsible gun ownership.
Mel Arnold Conservative North Okanagan—Shuswap, BC
Mr. Speaker, I cannot help but think this is just an attempt to change the channel by the government. We will not even be allowed one full day of debate on a bill that was just introduced last week.
The public is barely starting to find out about this and realizing that the government is creating a gun registry again. The parliamentary secretary claims not, but how else can the bill refer to a registrar and that transfer authorizations need to be obtained from the registrar? That transfer authorization would have a number attached to it. A record of all the transactions and sales by firearms businesses would need to be kept for 20 years and be available on demand.
How can the parliamentary secretary claim that this is not just a renewed gun registry?
Marco Mendicino Liberal Eglinton—Lawrence, ON
Mr. Speaker, I can claim that because the provisions which are being put forward in this legislation are entirely sensible. They are practical and they are balanced. They call for a number of things, such as enhanced background checks.
I would ask the member to find me one member in the chamber who does not believe that in so many other areas and aspects of life where we require some due diligence before giving people access to cars or to any other aspect of life in a similar way we would not require the same kind of due diligence, in fact enhanced due diligence, when it comes to giving access to firearms, which presents some risk. Those are the types of practical measures which I would think would be embraced by all members in the chamber.
When it comes to the type of dilatory tactics that we have seen, it is a bit rich coming from members on the other side who used time allocation in ways never seen before in the history of this chamber. We will take no lectures from the Conservative opposition when it comes to debates in the chamber.
The Assistant Deputy Speaker Liberal Anthony Rota
Before I go on to the next question, I just want to remind hon. members that the rules in the chamber are that one side asks a question, the other side answers, and we try to hear both sides. I am not sure that what we are hearing now is actually shouting, but it is heckling going back and forth and it is getting a little bit out of hand.
Mark Gerretsen Liberal Kingston and the Islands, ON
Mr. Speaker, my colleague from Eglinton—Lawrence has highlighted exactly what this legislation is about. It is about a sensible approach to making sure that responsible gun owners can continue to participate in the activities that they do and at the same time make it safer for Canadians, and in particular as I see it, younger Canadians.
This legislation would strengthen the process by which somebody can obtain a firearm. Currently, the CFO, the chief firearms officer, can only look back five years into somebody's history when making a determination as to whether or not the person can own a firearm.
The member has had a lot of experience in his previous career, and I am wondering if he could comment as to how this legislation could transform the way we genuinely look at somebody's history and whether he thinks it is a good idea that we look even further back than just five years.
Marco Mendicino Liberal Eglinton—Lawrence, ON
Mr. Speaker, I want to thank my hon. colleague for all of his work on this file.
Having had the benefit of playing a role within the criminal justice system, I am familiar with the fact that there is an increasing amount of gun violence. As I described in my remarks, that is not an issue which just impacts big cities. It is an issue which we are seeing start to increase in trend in rural areas as well.
It only makes sense that we provide the tools that are necessary to law enforcement and to those who are looking to sell firearms to individuals, that we provide the mechanisms they need to do the due diligence to ensure that we are not providing access to any firearm to any individual who may pose a heightened risk. This is common sense. This is sensible.
I look to my friends across the aisle and I put the challenge to them to tell me why we would only want to look back five years when we know that individuals who are engaged in organized crime often have a history which reaches beyond that temporal limit. I put that question back to them.
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
Mr. Speaker, I am proud to take part in this debate today.
Canadians must see their government take a stand, as communities across the country are suffering the consequences of gun-related crimes and violence.
We are not talking about making sweeping changes or imposing unreasonable measures on responsible gun owners. I would not support such measures, and that is not what we are doing. We are also not talking about restoring old measures, like the long gun registry.
Our Prime Minister made this very clear when he spoke in Hawkesbury, in my riding of Glengarry—Prescott—Russell. On the contrary, we are talking about taking an objective look at the problems, facts, and evidence, to fix shortcomings and to develop a practical approach to combatting gun violence.
Bill C-71 builds on the government's commitment to take a responsible approach to prioritizing public safety, while being practical and fair to firearms owners. This is a direct response to a growing problem.
Statistics Canada published a report entitled “Homicide in Canada, 2016”, which paints a clear picture of the situation. The data for 2016, the most recent year for which we have data about the situation, are alarming. According to the report, for the third consecutive year, there was an increase in both the number and rate of firearm-related homicides.
The report states that, in 2016, there were 223 firearm-related homicides in Canada, which is 44 more than in 2015. The data also show that there were 2,465 firearm-related criminal offences in 2016, which is 30% more than in 2013.
These numbers speak to the tragic trend playing out in our streets and communities. The reason for this trend is clear: the wrong people are getting their hands on weapons, sometimes by breaking and entering or cross-border smuggling, sometimes through illegal sales by licensed owners or arms trafficking by organized crime. These circumstances increase the number of handguns on our streets and the amount of gun violence in our otherwise peaceful communities.
We can reverser this trend by making sure that guns do not fall into the wrong hands by improving the effectiveness of background checks and the firearms licensing system.
Bill C-71 includes, among other things, practical proposals and a more rigorous background check process for issuing licences.
Under this bill, verifying gun licences will be mandatory for the sale of non-restricted firearms. Anyone who wants to purchase or receive that kind of firearm, from either a business or individual, will have to demonstrate that they have a valid licence. What is the point of having a licence if the holder cannot prove that it is valid? In addition, the business or individual will be required to verify the validity of the licence with the RCMP. At present, the verification process is optional when transferring non-restricted firearms. The government does not track those sales. This bill addresses that gap.
As for strengthening the background check process, the authorities who determine eligibility will have to take into account certain information reported by police services, as well as other factors related to the individual's entire life, rather than only the previous five years.
Furthermore, if an individual has been convicted of a violent offence involving firearms or drugs, if he or she has been treated for mental illness involving violent tendencies, or if he or she has a history of violent behaviour, authorities will be obligated to take that into account as part of the overall history.
What is more, all licence holders are currently subject to continuous eligibility screening. That means that when the chief firearms officer is informed of certain interactions with police, he could suspend the licence pending further investigation in order to determine whether the person is still eligible to be a licence holder. This is one of the reasonable changes that can be implemented to ensure that firearms do not end up in the wrong hands.
Whenever we see the devastation that results from gun violence, we often ask why the person was armed and how this could have been allowed. The answer can be complicated.
It may be that the individual never turned in their firearm after being required to do so, or that a person without a licence bought a gun on the black market or brought a gun into the country illegally. Often what happens is that straw purchasers acquire guns legally and then transfer or resell them illegally. Enhancing gun traceability mechanisms would be a practical way of better monitoring where guns end up when this happens.
That is why this bill will require firearms businesses to keep transfer and inventory records on non-restricted firearms. Although this is common practice in the industry, we want to make it mandatory today. This will be a clear rule for all new entrants interested in selling firearms. By making this practice mandatory, we will be giving police an important tool for identifying suspects in gun-related offences, which will support criminal investigations. The government will not own the records and will not force retailers to provide this information without a warrant. If the police wants any of the information for its investigations, it will have to follow the normal Criminal Code procedure for obtaining personal information. These records will have to be kept by firearms businesses, not the government, for at least 20 years.
In 2016, 31% of the guns recovered after gun homicides were firearms that did not require registration, a category that includes long guns, shotguns, and hunting rifles. This is a good example of the current situation. Guns are ending up in the wrong hands, which is why we are taking concrete action on licence verification and guns traceability.
All this is reinforced by the proposal in Bill C-71 to standardize the classification of firearms and strengthen requirements for the safe and legitimate transportation of firearms. The Government of Canada's number one responsibility is to keep Canadians safe. The Minister of Public Safety and Emergency Preparedness has clearly demonstrated his commitment to stamping out gun crime and gang activity. In fact, he recently announced a federal investment of more than $327 million over five years and $100 million per year after that to address this priority.
Thus, the proposed combination of pragmatic reforms that are the direct result of our 2015 campaign promise will further support this priority objective. It seeks to reverse the rising gun violence in our country and we are certain that it will have real and lasting impacts. These are practical, targeted, and well-thought-out measures which, as a whole, will enhance the safety of our communities. In making these changes, we have ensured that our efforts are fair, effective, practical, and safe. We believe the bill achieves that objective. The funding for our police forces and Bill C-71 are tools to combat violence.
As a rural MP, I am proud to support this bill, which does not entail a test, application, or additional costs, and does not impact our farmers and hunters. That is why I am supporting this bill.
Erin O'Toole Conservative Durham, ON
Mr. Speaker, I thank my colleague for his speech in the House of Commons today in this key debate.
This is an essential debate, because the government is rushing Bill C-71 without the proper ability for people to ask questions. Why did the minister, yesterday, in refuting allegations about this being a backdoor registry, suggest that the only record required would be for owners of stores, who would keep a record of the name and the PAL, the possession acquisition licence? He neglected to say the make, the model, the type, the serial number, and a range of other issues. Was that omission a way to discount our suggestion that this is a backdoor registry? It seems that by omitting the types of information contained in the Liberals' old long-gun registry, the minister is trying to deflect our claim that this is indeed the reintroduction of the long-gun registry by stealth. I know that in that member's riding, which is not far from here, a lot of people have concerns about the return of the long-gun registry.
Francis Drouin Liberal Glengarry—Prescott—Russell, ON
Mr. Speaker, I want to repeat that the Prime Minister was in my riding and reiterated the fact that we were not reintroducing the long-gun registry. I would also remind him that the Conservatives presented a motion to adjourn the debate on Bill C-71 yesterday.
The member was in cabinet in the previous government. Through Bill C-42, the Conservatives did not introduce any motion or any law to ban the practice of the Canadian Tires or Cabela's of the world of refusing to get details from gun owners. Why did they not do that back then? When the retailers have to call the RCMP or the chief firearms officer, they will not ask for any details about which guns people bought.
I would remind him that the only gun registry in this House is the Conservative Party's. They ask for names, for emails, and for donations to the cause. It is the only party that is making a gun registry about law-abiding citizens.