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

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

Mr. Speaker, I am honoured to share the time with my esteemed colleague for Portage—Lisgar.

I rise to share the disappointment of tens of thousands of Canadians who are once again under attack by the government for being law-abiding citizens.

Bill C-71, the Liberals' new gun legislation, is a regulatory bill, not a public safety bill. The Liberal government is again ignoring anything to address crime and gun violence. What is apparent is that it was drafted without any thought of what this would do to law-abiding, gun-owning Canadians, like farmers, hunters, gun collectors, and sport shooters. There is nothing in this proposed legislation that addresses any of the problems facing Canadian families, police, rural communities, first nations, inner cities, border agents, gun violence, gangs, or rural crime.

Legislation should be about the values and merits of what Canadians need to improve their quality of life, protect their communities, empower people to prosper, not the Liberal Party.

We have heard what Canadians need for safer communities. In ridings like mine, with vast rural areas, police can sometimes be hours away. Rural Canadians often feel they are left to fend for themselves. With crime rates increasing in rural parts of Canada by 41% in the last few years, the bill would do nothing to address the needs of rural Canada. However, it has the potential to turn rural Canadians into criminals if they own a gun.

Many Canadians have a gun because they need it. They need it to deal with aggressive predators. They need it for their work, like farmers who may have to put an animal down or control rodents. Sadly, today, many Canadians feel they need these firearms to defend their homes, families, and property from violent attacks and criminal activities.

No one wins when those in rural Canada need to defend themselves from violent criminals. No one should be afraid in their homes, on their farms, or in their communities. However, this is the reality for far too many Canadians in rural communities in Alberta and across our great nation. The fact that this reality is ignored in this regulatory bill is a slap in the face for hard-working, gun-owning Canadians. The bill fails rural Canada and public safety.

As recent as a few weeks ago, we heard at the minister's own guns and gang conference about the challenges facing communities and police, with rising violent crime rates and, in particular, organized crime, guns and gangs. As a former police officer, I understand that police services are doing what they can with the resources available to them and with the many restrictions law enforcement have placed upon them. Criminals do not follow these rules.

We heard from the police at the summit about the increasing number of gangs that were involved in gun violence. These gangs are typically drug dealers or drug related and the shootings are related to protecting territory. These drug dealers and gang members have acquired guns through the black market, smuggling, and theft.

These people do not register their guns. They do not show a licence to buy it. They do not go through a background check. They do not submit to police scrutiny. Only law-abiding gun owners follow these processes.

Adding more processes and background checks does not improve the fight of our communities against gun violence and gangs. Nothing in the bill deals with gangs and their acquisition of illegal weapons. There is no mention of gangs, organized crime, or smuggling in the bill.

The legislation would do nothing to help rural residents in my community. It would do nothing for families dealing with gangs in Surrey. It would do nothing to help police in Montreal or the GTA. It would nothing to combat illegal weapons coming through the black market, smuggled across our borders and into our cities. However, it would provide the Liberals with an ability to say that they tabled legislation, even if it really would not deal with the problem we face.

Here is what I am hearing from Canadians in response to this proposed legislation. How will Canadians be better off with the bill? The government has not provided any evidence that Canadians will be any safer. Why are Canadians who are law-abiding taxpayers being made to look like criminals, while criminals are not being dealt with? What the minister should be concerned about is real public safety issues in Canada, keeping guns away from gangs and violent criminals.

Bill C-71 would not address these issues. It would not make communities safer. It would not protect and save lives. To paraphrase the Prime Minister, it is purely a political game.

For example, the Liberals would remove the limit on background checks from five years to indefinite to meet their promise to enhance background checks. That seems logical and a good idea. However, what would aid Canadians and Parliament is having evidence that this would actually improve public safety. Currently, possession and acquisition licences for firearms must be renewed every five years. The government checks the registry automatically against criminal charges laid in Canada against anybody who had a licence, daily.

Are there Canadians who, in retrospect, should not be receiving gun licences? How would these changes improve public safety? Would longer background checks result in more people being denied guns for good reasons? A better question might be this. If we lift that five-year background check, what reasonable limits will be placed on it?

For example, for mental health screening, what mental health issues would make someone ineligible? What about recovery? Does a minor anxiety issue make one less or more likely to be blocked from hunting? If a veteran has returned from combat and has gone through a mental health issue or battled back from an illness like depression, what would the response be from the chief firearms officer? Would hunters who have gun licences and respect every aspect of our gun laws have their licences removed because of an incident that occurred 25 years ago?

It is not just the new licensing provisions we are hearing about from Canadians. It is the real fear that the Liberals are only looking to bring back a gun registry for unrestricted guns like hunting rifles. This is their fear. In fact, government members have been pushing one line over and over again, which is that this is not a gun registry. Well, that line is as believable as the Aga Khan being a close family friend, as believable as “these taxes will only affect the rich” or “It was India's fault”.

When the Liberals keep telling the House and the public that something is not true, we all have reason to be cautious and scrutinize them carefully.

First, this bill makes specific reference to the “registrar”. I think most Canadians would agree the point of a registrar is to keep a registry. The registrar will have a list of names of licence holders and require all gun sales to consult that list in advance of the sale. That registrar will require all businesses to keep a list of sales and make them available. The registrar will take the records of a gun shop going out of business and keep those records.

The Liberal government is now changing the rules to transport guns again as well. People taking unloaded and trigger-locked guns for repair will now require permission from the chief firearms officer to do so. Then there are the new costs, which have not even been addressed. It would be no surprise to anyone in Canada if the cost of gun licences will increase as a result of all the added red tape.

What should we be doing? There is a better way than ignoring the problem. We cannot address Canada's concerns for safer communities without addressing the cause of these problems. From my perspective, and those with whom I have spoken, there are a number of things the government can do that will have a far greater impact on reducing gun and gang violence in our communities.

Let us actually provide the police the promised funding and the plan for the $327 million to tackle gangs and gun violence. Get that money into the hands of the specialized police units across the country to deal with guns, gangs, and drug traffickers. The RCMP has raised the issue of straw purchasers. Those are people who acquire guns with licences and then sell them on the black market. Instead of punishing law-abiding gun owners who follow the rules, let us empower the police and put in legislation to go after those criminals. We cannot licence the problem away.

Let us help our border agents. CBSA has had a battle, and is in a battle, of dealing with increased black market activities and tens of thousands of illegal border crossers, with no extra resources. Agents I have personally spoken to are exhausted. Let us enforce our border rules, remove illegal crossers, and give CBSA agents the tools to find illegal weapons being smuggled into the country. Let us cut off criminals from their supply of illegal weapons.

Let us focus on intervention programs that stop at-risk youth from entering gangs in the first place. The Conservatives launched these programs in 2006, and I would urge my government colleagues across the way to focus efforts on reducing the flow to new gangs and between gangs.

Finally, let us stop supporting terrorism, terrorists, and criminals and start taking the side of law-abiding Canadians. Law-abiding gun owners should be trusted above criminals.

This bill would hurt law-abiding, honest, hard-working gun-owning Canadians. I hope all members in the House will shift the focus to protecting Canadians by targeting criminals.

[Marie-Claude Bibeau, Liberal, Compton—Stanstead, QC]

Mr. Speaker, I would like to table the government's answers to Questions Nos. 1501 to 1510.

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, for whatever reason, the hon. member did not mention the significant funding increases that the RCMP and CBSA have received under this government, after years of cuts by the previous government. However, I will not ask him about that.

I want to ask him about Ben Harvey. Ben Harvey is an owner of a gun shop in Belleville, High Falls Outfitters. He said:

There’s a lot of moving parts in the proposed bill, but there’s not been a real big change on the actual aspect of logging the customer’s information and keeping on record what they’ve purchased. We already do it with ammunition, now they’re just asking us to do it with guns. By doing it with guns we’re going to give the police and the community the tool to begin to track where guns are purchased, how they’re being trafficked and how they’re being used, so that’s not a bad thing.

Ben Harvey is a gun store owner. He knows that this is a public safety bill. Why does the hon. member not know that?

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

Mr. Speaker, I think the reality that people have to face is that up until now, good business practice was for people to track their inventory, track whom it was sold to, and track what was sold. That was not a requirement by law. This legislation makes it a criminal offence if a gun shop owner does not do that, which means that even an error made by these gun shop owners could result in a criminal offence.

This is a gun registry. I can have my own opinions. I have received thousands of pieces of correspondence in the last week from concerned citizens who, without exception, are fearful that this is nothing but a backdoor attempt at another gun registry, and we know how that one ended.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, I am very pleased to rise to ask a question of my hon. colleague, because this guy knows everything about that. My colleague was an RCMP officer with a great career, so he faced and had to deal with today's issue, the issue of this bill, throughout his professional life.

Based on that, I ask my colleague what he sees in this bill that can be changed to really address the threat and the problems that we have to face with the gun registry, especially with terrorists, and also the gangs that use weapons to attack people.

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

Mr. Speaker, there was a great opportunity here for the government to deal with a growing trend in this country, and that is the increased gun violence and increased homicide rate by gangs. It is causing fear in our communities.

This bill fails terribly to address that issue. It does not provide any additional legislation on dealing with smuggling to keep weapons out of the hands of criminals. It has nothing to do with improving CBSA access to tracking the smuggling of weapons. It has nothing to do with enhancing the Criminal Code to deal with those who commit criminal offences with a firearm. It is woefully lacking.

Members may want to call this a public safety bill. I am embarrassed to call it a public safety bill, because it really is not. As I said at the beginning of my speech, it is more of a regulatory bill. It does not address the issue of crime. It does not address the issue of organized crime. It does not address the issue of keeping guns out of the hands of criminals, because criminals do not follow the rules. They have not and they never will.

Therefore, we need to provide a way so that those criminals cannot have access to firearms with the ease with which they do now.

[Nathaniel Erskine-Smith, Liberal, Beaches—East York, ON]

Mr. Speaker, I see this as a set of modest improvements. The member noted in particular the question of background checks. He said that this sounds like a good idea in principle but he has a lot of questions about it. We are at second reading, and committee is the perfect time to ask questions of experts on something that sounds like a good idea in principle.

Based on the comments I heard on background checks and the ideas that the member wants to put forward, surely this is something that should be sent to committee and that the member will support. Do I take that to be right?

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

Mr. Speaker, I am thankful that the bill is coming to our committee, the public safety and national security committee. There will be a lot of issues that we want to drill down in on that, absolutely including the whole issue of background checks. Whether we will get a real understanding, we do not know. However, I am hopeful that we will have a better idea of what these background checks are going to mean, what they would actually entail, and how they would impact law-abiding Canadians.

[The Assistant Deputy Speaker, Anthony Rota]

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Calgary Rocky Ridge, Taxation; the hon. member for Nanaimo—Ladysmith, Indigenous Affairs; and the hon. member for Sherbrooke, Canada Revenue Agency.

[Alaina Lockhart, Liberal, Parliamentary Secretary for Small Business and Tourism]

Mr. Speaker, I will be splitting my time today with my colleague, the member for Scarborough—Rouge Park.

I am pleased to rise today and continue my participation in the legislative process to amend firearms regulation. I stand today as the representative of a largely rural New Brunswick riding called Fundy Royal, a riding where firearms are associated with hunting and sport. It is a riding where the vast majority of firearm owners are law-abiding, dedicated to the community, and very aware that there is growing gun crime in Canada, especially in big cities.

It is for this reason that when our party's 2015 election platform was introduced, which did include a section on gun control, I began consulting with those who were interested in the topic to ensure that I had considered it from many different perspectives, and also to counter the Conservative Party's narrative that the long gun registry would be reinstated. To clarify, Bill C-71 does not implement a gun registry, regardless of how many times that is said by the opposition.

When I was elected, I made a conscious decision to carry out my duties as a member of Parliament with the goal of listening and being persuasive rather than playing into partisan games to the detriment of my constituents. An example of my approach is my analysis and vote against Bill C-246, the modernizing animal protections act, because of the detrimental impact it would have had on our rural area.

I am glad to have been consulted by the Minister of Public Safety in advance of the tabling of Bill C-71, which allowed me to seek meaningful feedback from stakeholders in my riding, whom I now consider my firearms advisory council.

I want to take this opportunity to thank Ron Whitehead and the representatives from many of the sportsmen clubs and fish and game clubs in Fundy Royal for lending me their time and for providing candid feedback, which I was pleased to see had an impact on the drafting of this legislation. It has been my priority to identify the realities of firearm ownership in rural Canada, and to bring that perspective to be considered alongside urban concerns, which are legitimate and do need to be addressed.

In my riding, a firearm is seen as a tool. For generations, law-abiding Canadian gun owners have safely used their firearms for hunting and sport shooting, as well as predator and pest control. Canadian farmers, hunters, and sport shooters are among the most safety-conscious gun owners in the world.

This is in stark contrast to other cultures, where firearms are used as weapons. A weapon is something that is used with the intent to injure, defeat, or destroy. Our challenge is to address the crimes that are being carried out by weapons, while respecting law-abiding firearm owners. It is a fine needle to thread, but through consultation, I believe the minister has found that balance.

I am very pleased that the conversations I have had with my advisory council are reflected in the legislation as it was tabled. I would like to take a few minutes to reflect on what I heard from this group.

To begin with, there were several actions that we have already taken as a government that were well received by the council, for instance the recognition that Bill C-71 is part of a larger strategy to ensure that firearms do not find their way into unlawful hands. This is a strategy that has seen an investment of $100 million each year to the provinces and territories to support guns and gangs police task forces to take illegal guns off our streets and reduce gang violence. It is a strategy that has modified the membership of the Canadian firearms advisory committee to include knowledgeable law enforcement officers, public health advocates, representatives from women's groups, and members of the legal community, to work alongside sport shooters and hunters. It is a strategy that has made investments in border infrastructure and technologies to enhance our border guards' ability to detect and halt illegal guns from the United States entering Canada.

The Fundy Royal firearms advisory council also brought forward the concept of taking a closer look at mental health to combat gun violence. It implored the government to make sure there are enough resources available to do thorough background checks and to find a way to identify red flags.

Bill C-71 proposes to strengthen background checks. Authorities determining eligibility would need to consider certain police-reported information, including criminal and drug offences, a history of violent behaviour, and mental illness spanning a person's life, rather than just the last five years. The licensees will continue to undergo eligibility screening, as they do today.

Through the course of my discussions with constituents, the following items each resulted in recommendations that I would like to bring to the attention of the minister and to our committee as we enter that part of the process.

Currently, most gun retailers across Canada are keeping track of who buys guns and ammunition. Bill C-71 proposes to make that best practice standard across Canada. My constituents voiced concerned about the accessibility of the information gathered, and I am pleased to see that the bill requires law enforcement to have judicial authorization to attain this information in the course of an investigation.

Up until this point, legislation has required that only those licensed can purchase firearms and ammunition. However, there is no verification required. Bill C-71 proposes that the seller verify the validity of the licence to make sure that the licence is not under review or has not lapsed. I have heard from those in my constituency who are seeking clarification on how they would complete that verification, something many constituents assumed was already the current practice.

Canada currently issues an authorization to transport, or ATT, for the transportation of restricted and prohibited firearms. There will be no change for those who transport from home to an approved range in the owner's home province. However, to better track the movement of restricted firearms to gun shows, gunsmiths, across the border, or to other uncustomary locations, a separate authorization to transport would be required. I would ask the minister to consider a few points on this measure as well.

First is that consideration be given to including transportation to a gunsmith in the ATT. A firearm that is damaged or not functioning properly could be a safety hazard, and adding an additional step to transport the firearm for repair may not be in the best interest of public safety.

Second, I would like to recommend, on behalf of my constituents, that ample resources be committed to the Canadian firearms program so that the processing of ATTs and verifications of licences could be done in a timely and efficient manner so as not to impede the normal activities of firearms owners.

I think it is agreed in Canada that we all want to make our communities safe from the illegal possession and use of firearms. Doing so does not mean making radical changes or placing unreasonable measures on responsible firearms owners, but it does begin by recognizing that we have an issue. We may not in Fundy Royal, but it is happening in areas across Canada, and we must allow some flexibility to address the fact that there was a 23% increase in firearm-related homicides in 2016 compared to 2015. That is the highest rate since 2005. In 2016, shootings were the most common method of committing murder in this country, exceeding stabbings for the first time since 2012.

My family and I are blessed to have been born in Atlantic Canada, and I grew up in a time when the term “lockdown” did not exist. Kids today cannot say that. They practice them all the time. We really need to acknowledge that even in Atlantic Canada, 56% of violent gun crimes occur outside of cities.

I appreciate the approach taken by Robert Snider, president of the Moncton Fish and Game Association, in reviewing this legislation. He recently said in the Times & Transcript:

We have looked thoroughly at the recently introduced legislation and while we neither endorse the legislation nor vehemently oppose it, we have taken a more pragmatic, neutral position of “we can live with it” for now.

The legislation will have minimal or no impact on our members who hunt.

As I said before, from the beginning of my term I have worked to engage and listen to my constituents, concerned firearms owners, and stakeholders from across New Brunswick, and I can personally say that I have learned a great many things through those discussions. I was proud that the president of the Moncton Fish & Game Association chose to publicly compliment my approach, but I want to thank everyone who took the time to speak up.

At the end of this stage of debate, this legislation will proceed to the public safety committee, where MPs from both sides of the House will have an opportunity to hear from witnesses, stakeholders, and concerned Canadians. I very much believe that better policy will be achieved because of MPs speaking to their constituents, and I look forward to ongoing discussions on the path forward.

[Dave MacKenzie, Conservative, Oxford, ON]

Mr. Speaker, if a gunsmith is not the likely place to take a firearm, I do not know what would be. We would take a gun to a gunsmith for a variety of reasons. One may be for safety reasons, but this whole issue has been twisted around to say that we do not take a gun to a gunsmith. Where would we take a gun if we needed to have it repaired?

[Alaina Lockhart, Liberal, Fundy Royal, NB]

Mr. Speaker, as I mentioned in my speech, I believe that a gunsmith is a reasonable place to transport a firearm, whether it be for repair or for other reasons. I would ask the minister and the committee to take a look at that issue in more depth and consider including that in the ATT.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, I thank my colleague for her intervention today on this important bill. I, too, see it as the right step in the right direction both to secure the opportunities for responsible gun owners to continue to participate in their sport and to strengthen our laws as they relate to guns and people getting access to guns.

One of the things the member brought up is that currently, there is only a five-year period the chief firearms officer has to look back in someone's past before making a decision. This legislation would strengthen that by looking back at someone's entire life.

I wonder if the member could comment on why she thinks that is important and a step in the right direction, given the fact that it is so important that we take a more holistic look at people's experiences throughout their lives before giving them the responsibility or the privilege of having a gun.

[Alaina Lockhart, Liberal, Fundy Royal, NB]

Mr. Speaker, as we look at this situation and the ways that we can try to limit gun violence, we do need to take that holistic approach. As we learn more about things that have happened in people's pasts, the ways that we react to that, the time frames for things like PTSD to set in, and those sorts of things, I think it is really important that we look at the whole picture.

Like I said, the board or council of people that I have been meeting with to discuss firearms brought this up as something that they believe would actually strengthen our firearms regulations. They were very much looking for common-sense ways to strengthen our firearms regulations, and this was one of the things they thought would be important. Therefore, I am pleased to see it in the legislation.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, New Democrats welcome the tabling of this legislation and the fact that we have a few more hours to talk about it in the House. It is important and we want to make sure that we understand it. We are both protecting people, and representing rural areas and respecting the concerns of our constituents. Therefore, I am willing to support the bill to send it to committee to make sure that it has some common-sense elements in it.

One of the elements that looks like an improvement is the removal of the five-year limit on background checks. Therefore, for anybody who had a history of mental health problems or especially a record of domestic violence, a personal record check would be able to go back through the whole life of that person.

Could the member talk more about that element and what she is hearing in her riding about whether that is hitting the right balance for Bill C-71?