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

[Charlie Angus, NDP, Timmins—James Bay, ON]

Madam Speaker, I have been listening with great interest to the Liberals and Conservatives, who are both arguing past each other. The Liberals are saying they brought in a bill to stop gang violence. The Conservatives are saying that the only problem is with gang violence and illegal guns. However, the issue of licensing is incredibly important.

I represent a rural area and I am a registered gun owner myself. Deaths by suicide of rural men from gun violence is an enormous issue, and we have not been speaking about that. We have been chasing after these tropes of whether or not this legislation will or will not stop the import of illegal handguns. However, we need to talk about the importance of properly vetting and ensuring that legal gun owners are able to have guns without issues of PTSD, without issues of domestic violence, and without the threat of growing suicide numbers.

I would ask my hon. colleague what she feels about the need for proper vetting so we can ensure public safety for gun owners and their families.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Madam Speaker, I will enlighten my colleague. When I went through the established vetting process for becoming a law-abiding firearms owner, my conjugal history was reviewed, my partnership history was reviewed, my mental health status was reviewed, and my employment history was reviewed. I had a detailed reference check. These are all provisions that already exist within Canada's licensing system. My colleague stood up and presented it like somehow that did not exist when it does.

Where this bill could have gone and it sadly is not going to is to look at ways in which the RCMP could better enforce the laws that are already on the books, perhaps with stricter penalties, if the data shows we need them.

Law-abiding firearms owners are the first ones to say they will play by the rules. The reality is that all of the comments that were brought up here are not based on facts or statistics. I could probably stand up here and debunk any one of the tropes that my colleague is trying to bring up in saying that the laws we have do not work.

The reality is that if we want to stop firearm violence, we have to stop the importation of illegal handguns.

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Madam Speaker, I think we all believe in effective public safety and the fair treatment of law-abiding firearms owners. However, we have seen an increase in the number of homicides. Since 2016, there were 223 firearms-related homicides in Canada, 44 more than the year before. That represents a 23% increase.

Bill C-71 is just enhancing background checks for those looking to get or renew a firearm licence. It will require sellers of firearms to verify if the purchaser is allowed to possess a firearm. It will require firearms vendors to keep records of sales. It places greater controls on the transportation of restricted and prohibited firearms. I do not see anything wrong with that, especially for ridings like Winnipeg Centre, which has seen an increase in violence and deals with this day in and day out.

Although we can try to put more people in prison for longer, maybe we should try to keep the guns out of the hands of people who should not have them in the first place by ensuring there are adequate background checks.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Madam Speaker, we should try and keep guns out of the hands of people who should not have them in the first place, and those are the people who have obtained them illegally.

I will again reiterate for my colleague that statistics show that a law-abiding firearms owner in Canada is three times less likely than a member of the general population to commit firearms-related violence.

My colleague used some very selective statistics. He talked about the increase in firearms-related violence from 2013. However, 2013 was a statistically low year. If we go back to 2009, it was 28.6%. In 2010 it was 23.%. In 2011 it was 21.9%. The curve goes around. What the Liberals have done is cut off the bottom part of that graph. They have done that because they want to have a symbolic gesture that imports American politics.

If my colleague actually had any interest in protecting the people in his riding from violence, he would be looking at ways to get illegally sourced weapons out of the hands of gang criminals. He has not done that. He has stood here and repeated false statistics out of context, and refused to acknowledge the fact that firearms-related violence comes from illegally sourced firearms.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Mr. Speaker, I will be sharing my time with the member for Winnipeg North. I am pleased to join the debate on Bill C-71 at third reading.

As we know, the recent increases in crimes committed with a firearm, gang activity, and homicides in our communities and cities require our urgent attention. A review of our firearms laws in Canada is long overdue, and Bill C-71 contains practical and balanced reforms that will help us achieve that.

We began by proposing mandatory criminal background checks as well as stricter controls for transporting restricted or prohibited firearms.

We began by proposing to remove the Governor in Council's authority to downgrade the classification of a firearm contrary to what is provided in the definition under the Criminal Code, thereby reclassifying some firearms in the prohibited weapons category, and then by limiting their authorized transfer through grandfathering.

We began by restoring a consistent approach to classification and by creating a bill that will help combat the problem of unauthorized access to firearms.

All of these reforms are about putting public safety first, and about making this bill enforceable and reasonable for responsible gun owners. These reforms are not about restoring the federal long-gun registry. The committee agreed to add a provision that clarifies this exact point. The reforms also do not add any unreasonable measures for gun owners and retailers.

Hon. members in the House are calling on the federal government to look at how banned weapons get into the hands of organized crime, and this is exactly what the Minister of Border Security and Organized Crime Reduction is responsible for. That is his job.

These reforms will stop guns from getting into the wrong hands and will help keep our communities safe. The bill we are debating today has been strengthened and improved by the comments and recommendations of my colleagues in the House, as well as the testimony of the many experts we heard in committee.

I would like to talk about how each party contributed to designing a bill that is able to do more.

As an aside, I want to mention that my brother is a gun enthusiast. He has his licence, and we talk about this topic every time we go for dinner at our mother's house.

First, the parties proposed enhancing background checks of firearms licence applicants, and the Liberal Party and Green Party amendments to that effect were adopted in committee with the agreement of the Conservative Party and NDP members. These amendments mean that from now on, specific additional checks will be done over the lifetime of a firearms licence applicant.

All parties agreed that if an applicant has a history of threatening behaviour or poses a risk of causing harm to himself or others, these factors must absolutely be taken into consideration in evaluating the application.

We now have a bill that expressly states, in no uncertain terms, that an individual's threatening behaviour must be taken into account in determining that individual's eligibility for a licence. What is more, the amendments that all parties agreed to contributed to expressly take into account whether the individual was or was not subject to a previous order prohibiting the possession of firearms in connection with violence against an intimate partner or former intimate partner. The bill now clearly indicates that threats of violence and threatening behaviour can include those communicated on the Internet or any other digital network.

This amendment responds to a serious and growing problem. Online harassment and hate, including threats of violence, have unfortunately become all too common in 2018. This is a disturbing trend that disproportionately affects women, racialized persons and LGBTQ people, and it gives way to racism, sexism, and intolerance in our daily lives.

According to Statistics Canada, one in six Internet users reported seeing content that promotes hate or violence, and 7% of these people have experienced it. Enforcement has focused on how to address this problem. Canadians from all walks of life are concerned about violent threats at a time when our lives depend on the use of the Internet.

With this amendment we can assure Canadians that the assessment of eligibility for a firearms licence will take into consideration threatening behaviour. This represents a reasonable and modern approach that will prevent guns from falling into the wrong hands.

I will cite some other amendments, moved by the different parties, that were adopted.

The Conservative amendment to section 1 would specify that the government will not reintroduce the federal long-gun registry. There is nothing in the bill to that effect and therefore that is quite fair.

The NDP's amendment makes a practical precision to the rules on transferring non-restricted firearms. The law will state that a reference number confirming the validity of the licence may apply to one transaction including the transfer of one or more unrestricted firearms. Clause 5 already sets out the conditions for transferring a non-restricted firearm, and it already includes the conditions for transferring more than one non-restricted firearm. However, the amended bill clarifies that if the licence and reference number are valid, people are free to transfer ownership of more than one non-restricted firearm.

I thank all parties for their work on this bill. It will be an improvement.

Once the bill is passed, if people plan to sell or give a non-restricted firearm, they will have to make sure that the person receiving it has a valid licence. They will also have to confirm with the RCMP's Canadian firearms program that the licence is valid, which will take just a few minutes.

Under the new law, the authorities who decide whether to issue a permit will also have to take into account an individual's entire record of certain types of criminal activities and violent behaviours, not just those of the previous five years.

It is already a best practice to include certain pieces of information in non-restricted firearm records, and we will support that practice by making it a legal obligation. Records will have to include the licence verification reference number issued by the registrar of firearms. They must also include the transferee's licence number and the date. Records will include information about the firearm being transferred, such as the serial number, date of manufacture, model and type. Firearms vendors must keep these records for at least 20 years. To be clear, businesses, not the government, will keep these records. It is already common practice for businesses to have these records and keep this kind of inventory. This bill will simply make that practice mandatory.

This new measure will guarantee that firearms are sold only to people with a valid licence, which will help save time and resources when it comes to enforcing the law. What is more, it will better support criminal investigations by providing the police with a tool that will make it easier to track non-restricted firearms that were used to commit a crime and to identify suspects of firearms offences. That will facilitate investigations and provide evidence that could help secure a conviction.

We are making these proposals with due consideration for privacy. Law enforcement agencies will not have any special powers in this regard. They will have to continue to operate under existing laws. All of this is supported by a consistent approach to firearms classification and safe and legal transportation requirements.

These proposals are effective measures that will enhance public safety and yet will still be fair and manageable for firearms owners and merchants.

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Madam Speaker, during this debate, I have heard simple slogans from the Conservative Party time and time again.

This law cannot be taken in isolation. Keeping guns out of the hands of criminals is very important, but how do we actually prevent people from becoming criminals?

We have instituted gang programs. We have instituted education programs. We have provided more monies for families, for instance, through the Canada child benefit program, to help people not only in the inner city but also in the suburbs, to help our children. We have put in place housing programs. We are giving people tools to make good choices in their lives. I do not believe anyone wants to end up one day becoming a criminal and destroying the lives of their fellow citizens.

Could the hon. member for Edmonton Centre tell us if this law should be taken in isolation or should it be taken as part of a whole-of-government approach, looking at a plethora of programs and a plethora of laws that we are putting in place in order to improve the lives of Canadians and actually make Canadians safer?

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Madam Speaker, that is an excellent question. Indeed, this is part of a whole-of-government approach in protecting Canadians and reinforcing security for our communities.

It is important to note that we respect and admire the process that law-abiding gun owners go through to receive their permits. Bill C-71 is attempting to strengthen background checks and licence verification. People in Alberta have to get their licences renewed every five years to drive a car. It is important to know that people have valid permits in order to use their legally registered firearms. We have to have more sensible rules around the transportation of restricted and prohibited firearms and a consistent approach to classification.

Cabinet should not be able to decide the technical matters of whether a weapon is prohibited, restricted or permitted. That is up to technical gun experts, and that is exactly what Bill C-71 is allowing this government to do to keep Canadians safer.

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

Madam Speaker, the correspondence that I am getting in Nanaimo—Ladysmith about Bill C-71 and the amendments to the gun safety process that the Liberal government is proposing are running kind of fifty-fifty. I am very aware that many responsible gun owners, hunters and gun clubs in my riding are very concerned about the design of this. They see the steps as mostly being unnecessary. They are already comporting themselves well and already subject to a lot of rules. In the spirit of co-operation, I will provide one example and hope that the government representative can give me some detail. I am hoping you can reassure this constituent of mine.

Andrew from Nanaimo said, “The background checks for the possession and acquisition licence are already currently legislated to go back five years. However, at the discretion of the chief firearms officer, they can go back as far as they feel necessary already. On top of this, all PAL holders are run through the Canadian police information centre daily to check to for any infractions which may be of concern. If C-71 passes and these mandatory lifetime background checks are required every time a licence is renewed rather than just on a new application, this will simply be a waste of RCMP resources. Instead of lifetime, why not just set the time frame for new applicant background checks to be at the CFO's discretion? They will probably go as far back as when the applicant turned 18 anyway”.

Through you, can you let me know if that is a consideration as a way to minimize the impact on—

[The Assistant Deputy Speaker, Carol Hughes]

I want to remind the member to address the questions to the Chair. I know she said “through you”, but then earlier in her speech she also directed the information directly to the member. If members do not use the word “you”, it will be better.

The hon. member for Edmonton Centre.

[Randy Boissonnault, Liberal, Edmonton Centre, AB]

Madam Speaker, the committee talked about and looked at this question. I believe it was a motion accepted by all parties, of not allowing background checks that would span more than five years to be optional. We are seeing a rise not just in violent crime but in Internet hate and violence in online communities. The idea was that if there are going to be licences and we have to make sure they are valid, the ability to check a person's history throughout the course of his or her life needs to be required. It should no longer be optional and needs to be required. The committee debated it and found it was in the interest of the safety of Canadians. That is why it is in Bill C-71.

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

Madam Speaker, if I were to try to summarize this piece of legislation in three words, the three words that would come to my mind would be “enhancing public safety”. That is the essence of what this bill is all about. Having said that, I would like to make a statement that I would think is very obvious and that the Conservative Party members might want to listen in on.

In the last federal election the Liberal Party made a commitment to do just that, those three simple but very important words. Bill C-71 is a fulfillment of a commitment that this Prime Minister and this caucus made to the electorate back in 2015. No one should be surprised by the legislation. In fact, I would have thought people would have been disappointed if we did not bring in the legislation. I know many of my constituents and Canadians in all regions of this country would be disappointed in the government had we not brought forward legislation of this nature because we had made a commitment to do so.

This piece of legislation reflects where the Conservative Party is coming from. Number one, it demonstrates that the Conservative Party really and truly is out of touch with what Canadians think and believe. I would encourage people to read what the minister responsible, the member for Regina—Wascana, read into the record. Very clearly, he indicated the details of what this bill would do. I suspect that if the Conservatives were to canvass Canadians in a public forum and possibly have a public meeting, they would find overwhelming support for what the member for Regina—Wascana explained to this House earlier today.

The changes that are being made, a few of which I will highlight very shortly, are fairly straightforward, but the Conservatives have this Stephen Harper mentality. They really have not forgotten Stephen Harper. One of my colleagues calls it Harperite disease, or something of that nature. The member across the way puts two thumbs up for Harper. I mention his name and they applaud. They do not quite understand that going the Harper way is not what Canadians want to see of the official opposition. We often kid around that the Conservatives' current leader is just Harper but with a smile. We say that kind of tongue in cheek, but in reality, in many issues it is true. There really is not very much difference between the current leader and Stephen Harper, and this is a good example of it. We listen to the propaganda and the spin that are coming from the opposition today, and we get a good appreciation as to why Canadians would believe there is no difference between the Harper years previously and the Conservative Party today under this new leader. I want to be parliamentary here. That spin is incredibly misleading.

Listening to the speakers, some of them are more candid than others. Some will say this is all about a long-gun registry. It is amazing. It is just not true. The Prime Minister has said that. The ministers have said that. Members on this side have said that. In fact, while this bill was in committee, a Conservative member moved an amendment to make sure it was very clear, in the legislation where it says in no way is it associated with a long-gun registry. That motion actually passed. We would think that would stop them from wanting to give misinformation, but the misinformation continues. Like Stephen Harper, the Conservatives went to every region of the country talking about how bad the long-gun registry was. I do not believe it was good. That is why the Liberals voted that way—

[Some hon. members]

Oh, oh!

[The Assistant Deputy Speaker, Carol Hughes]

Order. The microphone has been shut off. All the members have been here for quite some time, for the most part. There are only a few who have been fairly recent. I would just say that everybody knows what the rules of the House are, and it is not about shouting at each other while one person is talking. I know it is a very controversial bill, from what I can tell based on the discussion, or should I say very passionate. I would just say that if people want to ask questions or make comments, that they wait their turn to be able to do that.

The hon. parliamentary secretary.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, it is really not that controversial a bill if one reads the content, but if we take into consideration the Harper Conservative rhetoric in opposition on it, then I can understand why many people who are listening to the debate would think that it is controversial. It really is not controversial. What is it doing?

If we ask Canadians if there is anything wrong with having background checks, there is nothing is wrong with that. All we are doing is allowing the chief financial officer to extend it beyond five years. What is wrong with that? One of the members across the way said it already does that. The bill would obligate it as opposed to making it optional. That is the point.

The Conservatives will say off the record or in the hallways that if it gets down to the core of what the legislation actually does, maybe there is nothing wrong with that, but they do not want to be thrown off the Harper Conservative spin, which means they have to oppose Bill C-71 and make it out to be something it is not. The content is good. It is solid. It is part of an election platform that means we will have better, safer communities that we all represent. There is nothing wrong with extending background checks.

It would require sellers to verify that purchasers are allowed to possess a firearm. What is wrong with that? Even in the U.S. they do that, but not the Harper Conservatives. They feel compelled to oppose that.

It is amazing when Conservatives talk about the registry. Back in the days of Brian Mulroney, retailers were compelled to register the firearms they sold. Brian Mulroney recognized that as a positive thing and so does this legislation. It happens in the U.S. Organizations like the NRA, an organization that many of the Conservatives across the way would salute, provide registries for retailers to ensure it is being done in a proper way. Again, that is what the legislation is doing. Every measure within this legislation makes sense and would be supported by a vast majority of Canadians. Only the Conservative Party seems to be at complete odds with this legislation.

I would welcome and invite a member from the Conservative Party to come to Winnipeg North and have a breakfast or lunch discussion on the issue. I look at the legislation and I am convinced that if members put the Harper Conservative spin aside and were concerned about public safety and wanted to add value to that issue, one of the things they could do is reverse their position, stop the rhetoric and support this legislation. If they did that, I believe that at the end of the day even their own constituents would appreciate the fact that this is good legislation and that they made a positive decision.

The Conservative Party stands alone inside this chamber. The Green Party, the Bloc, the New Democrats, Liberals and Canadians are all onside. The only ones who seem to be offside are the Conservative opposition members. I would suggest they skip the rhetoric, look at the substance, get on board and vote yes for this legislation.

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

Madam Speaker, my colleague said that the bill could be summarized in three words: enhancing public safety. I spent quite a bit of my summer talking to different people in my riding, many of them hunters, sport shooters and farmers, and to a person, they are concerned that the bill does absolutely zero in terms of enhancing public safety. It adds an administrative burden to their lives and it potentially criminalizes law-abiding citizens.

Here we have Bill C-71, which my colleague says could be summarized in three words, enhancing public safety. At the same time, we have Bill C-75, which proposes to reduce sentences for some very violent acts in this country.

How can my colleague stand and look anyone in the eye and say honestly that Bill C-71 is summarized by enhancing public safety?