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

[Some hon. members]

Oh, oh!

[Mark Holland, Liberal, Ajax, ON]

Mr. Speaker, does the member know how many people have been shot and killed with legally acquired firearms where there was a history of violence? And by the way, her name is Lindsay Wilson. She was in my riding and she was shot and killed.

These situations are real, and our need to protect women in this country is real. This bill would do important public safety good, and it deserves an honest and real debate.

[The Assistant Deputy Speaker, Anthony Rota]

The hon. member will have three minutes and 15 seconds coming to him when we resume debate after Oral Questions.

The House resumed from June 18 consideration of Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms, as reported (with amendments) from the committee, and of the motions in Group No. 1.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is a pleasure to rise and talk about what I believe is very important legislation. It is legislation that comes from a great deal of concern that Canadians have expressed to the government in the last year, and it is an issue that has been at the forefront in many communities in all regions of the country even before the last national election.

We saw a commitment given by the Liberal Party of Canada to look at ways to enhance background checks, for example, to have some sort of accurate and consistent classification. Legislation that was brought in from the Harper government said that we wanted to determine what would be a prohibited or restricted weapon and give that determination to politicians, as opposed to allowing the RCMP to make that determination. That is the direction the Harper government had taken on that issue.

As a result of that and other concerns, it was widely believed there was a need to bring in legislation that would make our communities safer. That is what we are talking about today in the form of Bill C-71. I have been following the debate and listening to what members across the way are saying, in particular last night when at times we were having a fairly heated exchange. Conservatives often refer to Bill C-71 as a way in which the government is trying to create a registry. There is really no truth to that whatsoever.

The Conservatives are trying to go back to the days when there was a long-gun registry and our Prime Minister has been very clear on that point. In part, the Conservatives have felt frustrated because we are keeping to the word of the Prime Minister when he said we would not be creating a long-gun registry.

No matter what we say in the House, we have had direct quotes from the Minister of Public Safety and others indicating that this does not create a registry. When the bill went to committee, the issue again came up. It was quite telling when the Conservative critic for public safety proposed an amendment to ensure, “For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.”

The Conservative Party brought forward this amendment. That amendment passed unanimously, by all members of Parliament at the committee, the Liberals, Conservatives, and New Democrats. It ultimately led the member for Red Deer—Lacombe to clearly state, “everybody at this table agrees that this is not a registry”.

Let us contrast that to what members in the Conservative Party were saying last night in the House. They were trying to convey a message that this is all about a registry. Collectively, the Conservative Party is trying to mislead Canadians as to what the bill is about. They are doing it for all the wrong reasons.

The Conservatives want to divide Canadians and spread a mistruth about good legislation we have, legislation I believe the vast majority of Canadians would be very supportive of.

I would suggest Progressive Conservatives would be supportive of it. I understand former member of Parliament Jason Kenney, now leader of the Conservative Party in Alberta, supports certain aspects of the legislation, from some of the comments he has made. For example, I made reference to the enhanced background checks and licence verifications. There are certain situations in society where one should seriously consider not allowing ownership. Domestic violence is a great example of that. This legislation would enhance that aspect. That is a positive thing. I believe people of all political parties recognize the value of that.

It would also standardize the retail record-keeping. During the eighties and the first few years of the nineties, there was a registry maintained by retailers. It is my understanding that in the United States it has been ongoing for years. I was once told that the NRA, which many suggest is fairly right on the issues of anything related to guns, supports retail gun registries. I believe we will find many of the retail outlets are gifted these logs. They are encouraged. I see going back to the way it was, having these retail registries, as a positive thing. In the past, Conservatives have agreed to them.

Getting back now to this whole idea of the accurate and consistent classifications of firearms, if we were to canvass constituents on whether politicians or the RCMP should be doing the classification, I believe we would find a great deal of support for having the RCMP doing it. They would feel much safer with the idea of the RCMP doing it. The RCMP is dealing with the issue at the ground level.

When I think of Bill C-71, it is about making our communities safer. It is not about what the Conservatives are trying to tell Canadians it is all about, which is a gun registry, because that is just not true. In the backrooms, we will find Conservatives will admit that is not true, but it does not fit their narrative. I find that to be very unfortunate. When I am in the community of Winnipeg North, I see many of the concerns many urban and rural community members have, as well as the types of responses we have been getting to the legislation overall. I would suggest this is good, sound legislation, and the Conservatives are determined to prevent it from passing. I find that unfortunate.

I understand my New Democratic friends, and possibly the Green Party, are going to be supporting Bill C-71. If that is the case, I applaud them on making a good decision. At the end of the day, this legislation would fulfill yet another commitment the Liberal Party of Canada made to Canadians going into the last federal election. That is why I feel very good about standing and talking about yet another piece of legislation that would put into place a commitment made by this Prime Minister and my colleagues in the Liberal caucus when we knocked on doors in the last election.

It will make a positive difference in our communities in all regions of our country. I encourage Conservatives to reflect on what was said in committee by Conservatives, get behind this legislation and vote for it.

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

Mr. Speaker, I am pleased to assure the parliamentary secretary so quickly after his speech that indeed I plan to vote for Bill C-71. The Green Party is very supportive. In fact, I had the great honour of participating in the crafting of an amendment to the bill, working with the hon. member for Burlington. She was willing to take a Liberal amendment and craft-in my amendment, which included raising as a concern, as decisions were being made about legal gun ownership, whether there was not only a previous offence involving a firearm, but a restraining order or other concerns about violence against an intimate partner or use of a weapon in those contexts.

This bill is welcomed. There are many things we need to do to continue to advance security issues across Canada. However, this is a good bill, and I look forward to voting for it.

My remarks fall under “comments”.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the input of the leader of the Green Party on the legislation. Obviously, we agree with her and we are pleased to hear the Green Party is in support. Her comments remind me of the degree to which the Minister of Public Safety and Emergency Preparedness reached out and looked for opinions from different stakeholders and, most important, from Canadians in different regions of our country. He has put together good, sound legislation.

The leader made a reference to restraining orders or peace bonds that are put in place. They are put in place because often there is a fear factor that compels a person to get a restraining order. Imagine the potential relief that this would provide, at least in part. As I say, it is positive legislation that will have a positive impact.

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, the parliamentary secretary implied that retailers do not keep records of firearms they sell. That is categorically wrong. All the retailers I know of keep those records, and so that is a misnomer in and of itself.

This legislation would not combat the number one problem we have as far as crimes and firearms are concerned, and that is illegal firearms. It is illegal guns that are smuggled in, primarily from the United States. There is no mention of that whatsoever. In fact, this is what I would call lackadaisical legislation in the sense that farmers, sports shooters, and competitive shooters are the most law-abiding people I know. This is simply laying over more red tape on top of people who are already obeying the laws. Could the parliamentary secretary explain how that would substantially reduce firearms violence in Canada?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it was not my intention to give the impression that retailers did not already maintain some sort of a registry. This legislation puts it into place in a very formal way, as it was done in the late 1980s to early 1990s. Former Conservatives actually supported that.

The member asked what the legislation would do in regard to illegal guns. Do the Conservatives think we can pass legislation that would make it illegal to have an illegal gun?

The member talked about the legislation. Now it appears that the only opposition to the legislation is that it does not deal with illegal gun owners and possible regulations. The member did make reference to regulations also. I do not believe the Conservative Party truly understands what the legislation would do. It is good, sound legislation that would have a positive impact. There is nothing wrong with voting in favour of it.

Does it deal with illegal guns in the manner in which the Conservatives hoped it would? It likely does not. If the Conservatives can come up with a way that would assist the government in legislation of that nature, by all means they can make the suggestion.

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, it is an honour to rise in the House today to speak to Bill C-71, an act to amend certain acts and regulations in relation to firearms.

I have been a member of this place for nearly 13 years. I am proud that over that time I have played a part in legislation that ensures Parliament is reaching three important objectives: first, that laws are put in place to protect the public from violent crime; second, that we are standing up for victims of crime and their families; and third, that law-abiding Canadians are treated with respect.

In this case, Bill C-71 misses the mark on all three of these objectives.

I recognize, and indeed our previous Conservative government recognized, how important it is to ensure that violent offenders and those who intend on using weapons to commit crimes are taken off the streets. I am certainly an advocate for legislation that targets dangerous offenders, protects our public, and ensures justice for victims and their families. I am proud that over my time here, I have been able to do my part to do just that.

In 2013, I introduced Bill C-479, an act to bring fairness for the victims of violent offenders. This legislation, which received all-party support, made certain that violent offenders who were clearly not remorseful or ready to be reintegrated into society could not drag their victims and their families before the Parole Board every year needlessly.

Indeed, any laws that aim to tackle violent crime must also seek to protect victims of violent offenders and their families from being re-victimized. They must also ensure that these offenders, those that are among the most likely to reoffend, do not get that opportunity.

By introducing legislation such as the Common Sense Firearms Licensing Act, the Safe Streets and Communities Act, and the Tackling Violent Crime Act, among many others, our Conservative government implemented productive, common-sense policies that treated firearms owners in the manner that any law-abiding citizen should be treated, while also cracking down on violent offenders and protecting the rights of victims.

The Common Sense Firearms Licensing Act took the power to reclassify firearms out of the hands of the RCMP and officials and put it in the hands of parliamentarians, who could be held accountable by the public. In doing so, our government sought to prevent any law-abiding citizen from being criminalized due to an unsubstantiated classification change.

The Tackling Violent Crime Act mandated jail time for serious gun crimes and made bail provisions stricter for those who had been accused of such crimes.

The Organized Crime and Protection of Justice System Participants Act provided police and justices with crucial new tools to fight against organized crime and to target reckless shootings by adding a new offence for the use of a firearm in the commission of a crime, regardless of whether the person caused or meant to cause bodily harm.

Of course, who could forget that we repealed the wasteful and ineffective long gun registry, which did absolutely nothing to reduce crime, but did waste millions in taxpayer dollars to treat law-abiding Canadians like criminals. In fact, I would challenge my Liberal colleagues to show me any data that would prove that there has been any increase in firearms crimes from legal firearms owners since the firearms registry was eliminated.

These are just a very small sample of the measures our previous Conservative government took to protect our communities and keep Canadians safe.

It is a shame now that the current Liberal government is trying to undo the progress we made. We have seen over the past two and a half years that the government cannot be trusted when it comes to protecting the public, while also protecting the rights of farmers and recreational and competitive firearms owners.

Bill C-71 proposes a myriad of changes that would potentially criminalize law-abiding Canadians, while doing nothing to target violent offenders or organized crime. The bill would put firearms classification powers back in the hands of unelected officials who Canadians cannot hold accountable, and risks unsubstantiated changes that would indeed create legal problems for people who have done nothing wrong. For my colleagues across the way, we experienced that in the last session when changes were made. Some members of Parliament who possessed firearms were criminalized by the changes.

What is worse is that the Liberals are pretending they are not trying to bring back the long-gun registry, which is nothing less than misleading. This bill would create a registrar to keep track of transfers of non-restricted firearms, yet the government insists it is not bringing back the long-gun registry.

I took the liberty of doing a quick Google search for the word “registrar”, and right at the top of the page was a definition that read, “an official responsible for keeping a register or official records.” That certainly sounds like a long-gun registry to me, and it sounds equally as wasteful and ineffective as the last one.

Originally, our caucus was optimistic about the government's intentions when it accepted our amendment at committee, which stated, “For greater certainty, nothing in this Act shall be construed so as to permit or require the registration of non-restricted firearms.” However, much to our surprise, it rejected our additional amendments that would have ensured that the elements of Bill C-71 to bring in this new long-gun registry were taken out of the bill. The government can say that it is not bringing back the long-gun registry, and I have heard it say that many times, but that does not make it true.

Meanwhile, Bill C-75, the government's legislation that proposes to overhaul the Criminal Code, would reduce penalties for very serious crimes, in some cases down to simple fines. The penalties for crimes like participating in the activities of a terrorist group, advocating genocide, and participating in organized criminal activity are being reduced in one piece of legislation, while farmers are being potentially criminalized in another. That is absolutely shameful.

The riding I represent, Flamborough—Glanbrook, is home to many farmers, hunters and sport shooters. These are people who are legally and safely using their firearms to protect their livestock and their crops, and who are participating in recreational pastimes that are ingrained in our national heritage.

I have heard from a wide variety of firearms owners in my riding who are deeply concerned that the government is targeting them through this bill, while completely neglecting to address rising crime rates in rural communities across the country which are particularly derived from illegal imported firearms.

I personally enjoy going down to the range for recreational purposes, and I completely understand the concerns of my constituents. They are concerned that they could be randomly criminalized by bureaucrats who they would be wholly unable to hold to account. They are concerned that the government is increasing red tape and treating them like criminals when they have done absolutely nothing wrong.

As has already been pointed out by our Conservative caucus several times throughout debate on this bill, this new long-gun registry that the Liberals are bringing in through the back door is treating law-abiding Canadians like suspects, and that is just not right.

The tandem of Bill C-71 and Bill C-75 is symbolic of much of the last two and a half years, where the government has been terribly ineffective on numerous files. The Liberals introduced these two pieces of legislation with the notion that they wished to tackle gun violence. However, they are doing nothing of the sort. What these bills would do is potentially criminalize law-abiding farmers, hunters, and sport shooters, and reduce the penalties for very serious and violent crimes. What they would not do is make our communities safer.

Canadians want to feel safe in their communities and their homes. They want a government that ensures that those who pose a threat to them and their families are taken off the streets. Bill C-71, and Bill C-75 for that matter, would do nothing of the sort.

This legislation is not only deeply flawed, but wasteful, and quite frankly offensive to the thousands of law-abiding Canadians who it will affect. Our Conservative caucus is determined to ensure that the laws we produce in this place protect our communities and respect the rights of law-abiding Canadians. Anything less is not good enough.

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

Mr. Speaker, unfortunately I disagree with the member and his comments. If we look at this bill objectively, we see it is a bill that does an extremely good job of protecting the rights of lawful gun owners for the recreational and sporting purposes. However, at the same time, it moves to strengthen the laws that we do have around gun legislation.

I know the member talked quite a bit about this being a form of a registry. He said that this was just a way of it coming in through the back door. I know that has been an ongoing Conservative talking point since this debate has come back to the chamber. However, the situation is this. If members heard what the minister said this morning, he commented directly that the Conservative members on the committee admitted the fact that this was not a gun registry. He even went beyond that. He read out a motion put forward by a Conservative member, specifically identifying that this was not to be construed as a registry, which would be the fact for anybody who would be implementing this law.

Does the member disagree that the Conservative members of that committee did their due diligence? With respect to the ones who we would think would be inclined to know something about what was going on because they studied the legislation, does he disagree that they did not know what they were doing when they put forward that amendment?

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, I am glad to answer my colleague from Kingston, which is my hometown. It is a nice place. Too bad it is represented by a Liberal.

The fact that the word “registrar” is in the bill indicates, as I mentioned, that there must be something that the registrar is responsible for, and that must be a registry.

To do a bait and switch like the member is suggesting, in order words, to accept one of the amendments that my colleague suggested but dismiss four of the others to assure that there was not any registry, is exactly the case that we are talking about here.

Earlier today, the public safety minister mentioned a guns and gangs summit that happened here in Ottawa. I do not see anything that would be a product of that summit that happened here enshrined in the bill. I do not see anything giving resources to law enforcement. I do not see anything providing new regulations in order for them to investigate the importation of illegal guns.

As the parliamentary secretary mentioned earlier, we cannot possibly make something illegal that is already illegal. Well, we can certainly draft legislation that would help with enforcement of the importation of illegal firearms.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Mr. Speaker, there are two things I want to ask my colleague.

When we come to buy a firearm under this new legislation, we will have to register the sale. We will have to register the firearm itself. The person who is buying it will need to register. The shop that is selling it will need to register as part of the transaction. The PAL number will need to be registered. Then the information will need to be kept for 20 years. Does the member not see that this is the establishment of a registry?

The second part of my question has to do with the fact that the Liberals are saying that this information will not be available to anyone without a warrant, except section 102 of the Firearms Act already allows a firearms officer to review, seize, or copy any records kept as a requirement of a business licence without a warrant.

I would ask my colleague if he has some concerns about the fact that one part of the act says that they do not need a warrant, and yet the Liberals are misleading Canadians into believing that this information that is being held in gun stores is going to be private, unless there is a warrant involved to access that information.

[David Sweet, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, of course, I have a profound amount of concern in regard to everything the member said, not the least of which is this is simply another layer of red tape that is going to be another cost to taxpayers. It is information that is already available. I have already mentioned, and the parliamentary secretary agreed, that retailers already now make sure that every sale is recorded in their own store. A law enforcement officer can go into those stores and check it. This is simply another way to add red tape and make it more difficult for the average Canadian to comply with these laws.

I would also like to point out that the other thing the bill does not address are victims of violent crime. Concern for victims by the Liberal Party has been totally absent in this session. In fact, the victim ombudsman's office has been vacant for months, and the Liberals have not even had the courtesy to make sure there is a victim ombudsperson there to deal with the concerns of families who have been victimized in Canada.

[Kellie Leitch, Conservative, Simcoe—Grey, ON]

Mr. Speaker, I am pleased to speak this afternoon on behalf of law-abiding gun owners in Simcoe—Grey, like me and those across the country who feel that Bill C-71 is an intrusive piece of legislation designed as a backdoor entry for the revival of the Liberal long-gun registry.

I am not sure why this needs to be said yet again, but when it comes to gun crime, criminals do not care about a registry, background checks, or any other piece of legislation the Liberals bring forward. Criminals are criminals, because they break the law. They are not signing up for a background check or registering their guns. They will not be calling in for a reference number when they try to buy or sell an illegal firearm. They are criminals. They do not believe that they need to abide by this law or, quite frankly, any other.

The Liberals can introduce all the legislation they want, including Bill C-71, but it will have little effect on the very matter it attempts to address. All the legislation in the world is not going to stop a gang member in downtown Toronto from pulling an illegal handgun out of his pocket and shooting someone in cold blood.

Now, support for front-line policing can help decrease the crime rate, but this legislation will not. One would think that the Minister of Public Safety would understand this. If he does indeed understand this, then why is he only blindly following the orders of the Prime Minister's Office? Perhaps like his more urban colleagues he actually does not understand the situation and thinks that cracking down on farmers and hunters, people like my grandfather and my neighbours in Creemore, will actually help lower crime rates in our cities.

I know that he has produced a slew of statistics designed to instill fear in Canadians because of rising gun homicide rates in major Canadian cities. The Liberals seem to be very concerned with increasing criminal possession of firearms. This is something we should all be concerned about, yet the Liberals have neglected any investment in technologies or services to intercept illegal firearms passing across the border from the United States or other countries into Canada. Who could trust a government that cannot even stop people from illegally walking into our country, to be able to stop people bringing in illegal hand guns or smuggling guns?

Earlier this year, the Minister of Public Safety touched on the insufficient commercial storage of firearms. He used the example of a theft in Prince Albert, Saskatchewan, which led to 24 handguns being stolen from a local gun store by a suspected gang member. What he failed to describe, though, was any effective legislation that would prevent this act from happening again.

Backdoor gun registries do not prevent theft and illegal trade. Sound legislation that is enforced, along with front-line support for local law enforcement can. Sadly, the Liberals have continued to fail to provide adequate funding to the provinces to support efforts to combat illegal gun activity, exactly as the minister himself has lamented.

This legislation, as I mentioned, is a blatant backdoor attempt at reintroducing the intrusive long-gun registry. Through this bill, criminal suspicion of law-abiding firearm owners will just ramp up once again. Bill C-71 is legislation designed to criminalize law-abiding gun owners and compromise the integrity of an already well-functioning system.

The mandatory record-keeping by retailers will simply lead to the re-establishment of the long-gun registry by another name. Instead of a list, the government will just ask for a series of receipts. A database is still a database, and can and will be traced to the original purchase, so let us not be surprised when those receipts become a list, and law-abiding gun owners find themselves on it.

In addition, the long-gun registry was criticized by Canadians for its considerably large cost, and the level of suspicion incited on gun owners. An increase in the size of government bureaucracy and red tape, a well-known Liberal trait, will accompany this legislation as well.

For many Canadians, rural and urban, firearms ownership is of great cultural significance. For some, it is multi-generational, with grandfathers passing on their love of hunting to fathers, who pass it on to their sons and, increasingly, to their daughters. For many others, shooting is a hobby, an afternoon at the range with friends on a weekend.

However, the public safety minister and the Liberals like to distort statistics to instill fear in Canadians as a reason to take actions like this. The minister's friends in the media will use headlines littered with firearm homicides, particularly from the United States, in order to feed that fear. Unfortunately, this legislation would not address the source of the problem at hand: gang violence and organized criminal activity. Those conducting the majority of homicides, gangs, and those who facilitate organized crime would continue to slip through the cracks with this legislation,.That is the very matter that needs to be addressed.

Canadians already feel safe with the current gun control laws. The RCMP knows those who have been issued licences and the strict process that has to be followed to receive them. We have in place today sensible legislation and regulations that are appropriately followed and actively monitored by highly trained members of the RCMP. We can all agree that increasing gang violence is a grave concern and a tremendous burden on those who have witnessed or have been involved in tragic events. We all want to prevent the next tragedy conducted by a person using an illegal firearm. However, the Liberals are focused on the wrong place and on the wrong people.

Increased gun control has not prevented organized crime in the past. Likewise, this legislation would not be a step forward in combatting that crime, only a step into the freedoms of law-abiding citizens.

The safety of Canadians should be the number one priority of any government. Legislation like this would not protect Canadians from violent crimes. What it would do is continue to perpetuate the sense that law-abiding gun owners, like farmers, duck hunters, my constituents, those who follow all the rules and laws, are the problem when we really need to support front-line policing to tackle gangs and organized crime.

I will be voting against this legislation in support of my law-abiding constituents, the men and women in Simcoe—Grey, many of whom own guns and utilize them on their farms, hunt, and spend time at the range with their friends. I encourage all Liberal MPs to support their law-abiding gun owners as well and to vote against this legislation.