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

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, I am proud to stand behind the amended Bill C-71 at third reading. In my riding of Surrey Centre, guns and gangs have plagued the streets. Gun violence has increased, and it has continued to increase in the last few years. This is an issue that all three levels of government are working hard to tackle.

At the federal level, the Minister of Public Safety has also announced that the federal government will spend $327 million over five years on anti-gang initiatives and gun crime crackdown, and $100 million ever year thereafter. The government also held a summit in March to identify the best ways to control and curb gun violence. I am incredibly proud to represent Surrey Centre at the federal level, and to help end gun violence in my riding.

I have worked hard fighting against youth violence since my teens, and I have seen how prevention, intervention and community engagement combined can end and control these horrific levels of violence. I was honoured to be part of the mayor's task force on gang violence prevention, which was formed nine months ago, and has recently released its final report which contains six recommendations.

I believe that the first step in tackling this issue is to improve the firearms regime in Canada. Over the last decade, it is fair to say that controls over the transfer and movement of firearms in Canada were weakened. At the same time, converted automatic firearms have fallen into the wrong hands far too often. The Governor in Council used its authority to deem certain models as non-restricted or restricted, despite the fact that they met the Criminal Code definition for prohibited firearms.

In keeping with the mandate from the Prime Minister, the Minister of Public Safety and the Minister of Justice have taken action to ensure that our regime is more appropriate. Strengthened background checks, licence verification, required record-keeping by vendors, more sensible rules around transportation of restricted and prohibited firearms, and a consistent approach to classification are before us today in the form of Bill C-71.

I am pleased to see that the legislation, as amended by the committee, has further strengthened the original proposals. The original Bill C-71 aimed to enhance background checks, for example. The amended Bill C-71 has taken that miles further, by adding specific new criteria that must be considered over the life history of an applicant, namely, whether the applicant has a history of threatening conduct; the applicant is or was previously prohibited by a non-contact order and presently poses a risk to the safety and security of any person; the person was previously subject to a firearms prohibition under order and in relation to an offence where violence was used, threatened or attempted against a person's intimate partner or former intimate partner; and the applicant, for any reason, poses a risk of harm to any person.

The amendment has taken this further by clarifying that threatened violence and threatening conduct can include what is communicated online, through the Internet or other digital networks. That is a welcome addition to the current regime.

Presently, when licensing authorities determine whether a person is eligible for a firearms licence, they are only required to consider certain factors, like a history of violence or mental illness that is linked to violent behaviour over the preceding five years of the applicant's life. Under Bill C-71, these authorities would be required to consider certain factors spanning a person's entire life rather than just the past five years. This will be a positive change in Canada. It would increase the confidence of Canadians in the overall effectiveness of our firearms licensing regime, and would assure them that all firearms licence applicants will, in the interest of public safety, have their backgrounds comprehensively vetted.

I would like to point out that at this stage, this does not in any way unfairly single out those with mental health issues; it is only mandatory for chief firearms officers or judges to consider mental health treatment related to violence, or threatened or attempted violence. All of this is in the interests of public safety and all Canadians.

[The Assistant Deputy Speaker, Anthony Rota]

The hon. member for Surrey Centre will have five minutes and 15 seconds to continue his speech when we resume debate.

The House resumed consideration of the motion that Bill C-71, an act to amend certain acts and regulations in relation to firearms, be read the third time and passed.

[The Speaker, Geoff Regan]

Resuming debate, the hon. member for Surrey Centre has five minutes remaining in debate, and then five minutes of questions and comments.

The hon. member for Surrey Centre.

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, with Bill C-71 the government is proposing measures to require firearms businesses to retain inventory and transfer records related to non-restricted firearms. Many ask why we are targeting legal gun owners, that they are not the bad guys. They are not, but I can tell members that 60% to 70% of the guns used in gang violence are domestically sourced, either by theft or by purchasing them through vendors who are wilfully blind when selling their firearms.

Bill C-71 would strengthen the due diligence practices, support the tracing of firearms for criminal investigations and help to ensure that only those properly licenced to own a firearm can acquire one.

The ability to trace firearms can help police save time and resources when conducting criminal investigations. It can generate investigative leads, for example, that link suspects to firearms discovered at crime scenes. Identifying the last legal owner of a firearm could also help to expedite those investigations. It could help to build evidence to secure a conviction and potentially identify firearms trafficking networks. These records would be kept by the businesses selling the firearm.

On that point, I am pleased to say that a further amendment at committee stage clarifies, in no uncertain terms, that this would not create any kind of firearms registry. Keeping records is already a common practice among many Canadian firearms businesses. Bill C-71 would make the practice mandatory.

Access to those records by law enforcement would follow standard procedures, including seeking judicial authorizations, where appropriate. It is another tool in the toolbox for the proud men and women on the front lines who work every day to combat the gun violence in our communities. It is on top of strengthened rules around classification and transportation of firearms, which has been discussed at length already.

All of these new measures represent sensible and practical new steps that we can take to enhance public safety while remaining respectful and fair to legal firearms owners. However, now that we have reached third reading, I think it is an opportune time to address some of the questions we have heard around timing should this bill become law.

Several members have asked why only a few elements of Bill C-71 would come into force immediately. Many provisions can only come into force at a later date due to operational and informatics system changes that must be made prior to implementation. This includes the repeal of the deeming provisions and grandfathering of affected owners, and the building of an online portal to facilitate licence verification, as a few examples. As we prepare to get this bill ready for scrutiny by the other place, we would do well to keep issues of timing in mind.

These changes are long overdue. The Canadian Association of Chiefs of Police said that it “is encouraged by the positive direction taken by (the government) towards sensible firearms legislation, enhancing the tools available to police to ensure public safety.”

The government promised change, and through this proposed legislation it has delivered. Thanks in no small part to the committee and House scrutiny, Bill C-71 is deserving of our full support.

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

Mr. Speaker, near the end of the member's speech, he said that we would do well to keep the issue of crime in mind. On this side of the House, we could not agree more; we need to keep that in mind. However, there is a big flaw in Bill C-71, in that it does not deal with gangs and violent crime; it does not deal with the fact that many of these guns are sourced illegally by theft. What we need is something that will cause the Canadian public to be more safe.

I met with a number of people at shooting ranges this summer, and talked about safety and training regulations and the background checks. They are eager to comply with all of the existing laws. However, to a person, they said that this particular bill, while it gives the impression of increasing the safety of the Canadian public, would do absolutely nothing on that. If we add to that Bill C-75, with the weakening of many of the sentences for some very violent crimes, such as joining a terrorist group and gangs, these are giving the wrong message.

I ask my colleague if this exercise we are going through today is simply an exercise in public relations to try to assure us that the Canadian public is safer with this law, when in fact it would do nothing to increase safety but in the process target many law-abiding citizens.

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, it is a tool in the tool chest. As the chiefs of police have stated, this is an important tool in the fight against gun and gang violence. It is not the only solution. It will require a comprehensive plan, prevention, intervention, suppression, legislation and gun control.

However, this is one very important step to stop that leak. I was on the mayor's gang task force in my riding of Surrey. The Royal Canadian Mounted Police told us that up to 70% of the guns used in these violent crimes were legally sourced originally. We need to be able to track them. We need to find out which vendors are turning a blind eye and which vendors are selling them.

Ninety-nine percent of good gun owners will not be affected. They are not the bad guys. They are not the ones we are chasing. We have to plug the hole for those who are breaching the law, who are misusing these loopholes and who are giving guns to those who should not have guns.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, a big deal has been made today about this background check, which is already very extensive. For example, I just got my non-registered and registered PAL this last weekend. When the paperwork goes into the RCMP, it will have 45 days to assess whether I am suitable to purchase a weapon.

Exactly how is the RCMP going to ascertain whether someone has a mental health issue that should preclude the person from purchasing a weapon? Could the member explain that?

[Randeep Sarai, Liberal, Surrey Centre, BC]

Mr. Speaker, this is just one of the aspects.

There will be a check to see if there have been any previous court orders, or any threats, any threats online, or if there have been any orders that perhaps pertain to mental health on the record, through child services or court orders or custody orders. If those are there, that can be a tool used to assess the mental ability of one to have a firearm.

This does give more breadth, more tools to the chief firearms officer to ascertain whether someone has the right to possess a firearm. It will make it harder for those who have challenges with respect to keeping a firearm and those who should not have them in the first place.

[Karen Vecchio, Conservative, Elgin—Middlesex—London, ON]

Madam Speaker, this discussion gets down to the fact that we talk about illegal firearms and legal firearms. Could the member across the way tell me how many of these crimes in the statistics involved the use of illegal firearms?

[Randeep Sarai, Liberal, Surrey Centre, BC]

Madam Speaker, my understanding is that 60% are from guns that were obtained in Canada from licensed gun owners, but perhaps obtained illegally or by theft, and that only 40% were those that were from across the border in the U.S.

The perception is that all of these guns are coming in illicitly from foreign means, when in fact most jurisdictions are stating that 60% of the guns were domestically sourced, either by theft from legal gun owners or by means of guns sales that were from those who turned a wilful blind eye.

[Scott Simms, Liberal, Coast of Bays—Central—Notre Dame, NL]

Madam Speaker, I rise on a point of order. I want to get clarification on the routine we have here during questions and comments. A question came from that side twice, I believe, and then it came back here. However, I think there were three in total. In that way—

[The Assistant Deputy Speaker, Carol Hughes]

I appreciate the member's comments. Unfortunately, there was a change in the Speakers, and I did not quite know who had spoken first. I will be very mindful during the rounds. I apologize if someone else got recognized.

The other thing I want to do is remind the member that when a member on the government side is making a speech, the questions generally go to the opposition to allow for that debate, as the member will remember. Especially within the 10-minute time frame, the same party will get one question, unless other people do not get up.

Resuming debate, the hon. member for Renfrew—Nipissing—Pembroke.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Madam Speaker, I will be sharing my time with the member for Calgary Nose Hill.

As the member of Parliament for Renfrew—Nipissing—Pembroke, I rise today to defend my fellow Canadians' rights to own and enjoy private property, in this case firearms. I oppose any efforts by the Liberal Party that would lead to another useless, wasteful long-gun registry, and I do so on behalf of my constituents and the tens of thousands of Canadians who are without representation from their local MPs on this issue.

I spent the summer listening and hearing what citizens from across Canada had to say.

One of the myths perpetrated by the urban media is that there is uniform support for a gun registry in Quebec. That may be true in urban Montreal, but that is not true in rural Quebec. Rural Canadians, regardless of whether they are English or French speaking, are united in their opposition to a wasteful, useless gun registry.

The Upper Ottawa Valley enjoys a long and historic relationship with people on both sides of the river, Ontario and Quebec.

Hunters from Quebec tell me one of the reasons François Legault and the CAQ are polling so well in Quebec in that provincial election, particularly in rural ridings and among francophones, is because of the decision by the Quebec Liberal Party to bring in a provincial long-gun firearms registry.

In the Upper Ottawa Valley, opposition in the Pontiac to the return of a Liberal long-gun registry has brought attention to a very historic wrong that must now be addressed.

The Canada-Ontario Boundary Act, 1889, legislation that was subsequently enshrined in the Constitution of Canada when the Constitution was repatriated in 1982, clearly situates the Ottawa River Islands of Allumette and Calumet in the province of Ontario.

This fact was confirmed by the Minister of Natural Resources Surveyor General of Canada in the House on January 21, 2016, when he stated in response to a question I placed on the Order Paper:

As stated in the Canada (Ontario Boundary) Act, 1889, the middle of the main channel still delineates the boundary between Ontario and Quebec. The main channel of the Ottawa River today may be different than that shown on the map of the Ottawa Ship Canal Survey by Walter Shanly, C.E.; nevertheless, it does not change the interprovincial boundary.

The people who live on Calumet and Allumette Islands in the Ottawa River, according to the Constitution of Canada, are legally residents of Ontario. However, Quebec is claiming ownership and enforcing its laws on island residents. Firearm owners on those islands have a legal right to refuse to register their firearms with the Quebec provincial government.

The Government of Canada has a constitutional obligation to protect the rights of the citizens who live on those islands. They do not want to be subject to the Quebec gun registry just because no one has bothered to correct the mapping error.

This error has been magnified by Bill C-71, which is why it has now become an urgent and pressing issue. Lawful firearms owners know that the Quebec gun registry could be used by other provinces as a template. These efforts by the federal government to introduce a backdoor long-gun registry through a province must be stopped in its tracks.

This is a test.

If the Prime Minister is sincere about his respect for the Constitution, he will protect the rights of the Canadian citizens who live on Allumette and Calumet Islands. No more virtue signalling about the notwithstanding clause. Bill C-71 is his problem that he created with this border crisis. Now we have to deal with it.

How appropriate, after the Prime Minister's summer of failure, he would focus on a piece of divisive legislation to divert attention from his summer of failures, with the Gerald Butts culture wars policy of dividing Canadians rather than dealing with real issues.

Let us keep this simple.

Bill C-71 is a knee-jerk response to a problem that does not exist. Law-abiding farmers and hunters are not the problem; criminal behaviour is. Let us quit rewarding criminal behaviour with soft penalties and watch the crime rates drop in Toronto. Let us withdraw Bill C-75 along with Bill C-71. It is as simple as that.

A summer of failure is one spent listening, but not actually hearing constituents and what they were trying to tell members. They were trying to tell the Liberals that this was bad legislation. For one-term members of the House, like the members for Northumberland—Peterborough South and the Bay of Quinte, third reading of legislation, coming after report stage, is when parliamentarians, after listening to their constituents, make amendments to respond to their concerns.

Clearly, government members of the House, who will have to answer directly to voters on behalf of their party, have been too busy not listening to actually hear what the constituents in their ridings have to say about banning firearms. Banning firearms because they might look scary or misleading the public about banning assault weapons when the public has been prohibited from owning assault weapons for over 20 years will not solve Toronto's gun violence.

The members for Northumberland—Peterborough South, Hastings—Lennox and Addington, Thunder Bay, Kenora, Nipissing—Timiskaming, and Yukon should ask to speak to the Liberal MP I defeated. Maybe he will them what happens to MPs when they support a useless, wasteful gun registry or talk about banning firearms because they look scary.

I can confirm for the benefit of the one-term member for Hastings—Lennox and Addington that his constituents were given the now false impression that he would be proposing a whole series of amendments to Bill C-71, the act to harass law-abiding Canadians who happen to enjoy Canadian heritage activities like hunting.

The member for Thunder Bay—Superior North should know that her constituents, who contacted me, thought Bill C-71 would be withdrawn. After alienating a large segment of voters in her riding, penalizing people of faith by demanding a humiliating loyalty attestation oath and taking away funding for student summer jobs, I can assure her that people who enjoy outdoor activities in her riding are an even larger segment of the population to alienate as we enter this final year before a federal election is called.

I understand the Prime Minister is too preoccupied, in his summer of failure, giving 4.5 billion Canadian tax dollars to Texas billionaires to build pipelines in the U.S. and losing manufacturing jobs in the auto sector to listen to the concerns of average middle-class Canadians.

While Liberal MPs might have spent the summer hearing complaints about their government and Bill C-71, the fact this legislation is being rammed through the House demonstrates how ineffectual they are. We know individual Liberal MPs are being ignored by their own party, thanks to the insight provided by the newest member of the Conservative caucus. I take this opportunity to welcome the newest member of the Conservative caucus, the member for Aurora—Oak Ridges—Richmond Hill. The member's frustration that led her to cross the floor was not being listened to.

The arrogant, elitist party hierarchy led by technocrat Gerald Butts, whose extreme leftist experiments crashed the Toronto Liberal Party so hard, is no longer recognized as an official party in the Ontario legislature. I can assure the government members who I mentioned that their constituents shared their frustration with me over Bill C-71.

Unlike the members opposite, as I always do, I spent my summer listening to my constituents. I hear what they have to say, and I represent their interests in Parliament, as I am doing today.

I thank all the members of the Madawaska Valley Fish & Game Club; the Ottawa River Sportsman Club; the Eganville & District Sportsman's Club, which recently celebrated its 40th anniversary; and the Pembroke Outdoors Sports Club, which is celebrating its 60th anniversary. They shared their concerns, signed petitions, attended information sessions and educated their fellow citizens. They recognize that banning handguns is just one step away from banning hunting rifles.

A gun ban will be another costly failure to add to all the other costly failures of the government, like paying $4.5 billion for a pipeline that ends up giving wealthy Texas oilman Kinder Morgan chairman Richard Kinder a profit of 637% on that fire sale.

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

Madam Speaker, Bill C-71, simply put, is another commitment from the last federal election being fulfilled by the Prime Minister.

The Conservatives are out of touch with what Canadians really feel are important issues. The member across the way started by accusing the government of bringing in a registry. That is just not true. Even a Conservative amendment to the bill that was accepted, adopted and passed said that the bill had nothing to do with a registry. That was actually passed, yet she continues to spread misinformation about the content of this bill.

Does the member believe that members of Parliament should be straightforward with their constituents and not try to apply something that is just not true?