Bill C-75 (Historical)

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

National Defence Act

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Madam Speaker, it is an honour for me to rise today to speak to Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other Acts.

While we know that Canada's military justice system operates separately from Canada's civilian justice system, it is nevertheless important that its system is also just and fair. Canadian Armed Forces members are held to a high standard of conduct. It is understood that Canada's separate military justice system exists to maintain discipline, efficiency and morale in the Canadian Armed Forces. The safety and well-being of all Canadians is dependent on the military's ability to deal with internal discipline effectively and efficiently. That is because our esteemed men and women serving in the military are often required to risk injury or death when they perform their duties. Nonetheless, when it comes to provisions to support victims, there is a gap in the National Defence Act. Victims' rights should be at the heart of every criminal justice system. The proposed legislation takes a step toward that goal. It extends victims' rights into the military justice system, which is certainly positive.

The legislation we are considering is in fact largely modelled after Bill C-71, which was introduced in the previous parliament by the former Conservative government. It builds on existing efforts to put victims of crime at the heart of Canada's criminal justice system. The Conservatives have a proud record of standing up for victims of crime and law-abiding citizens, and we remain committed to them. We have and will always work toward ensuring that victims of crime have an effective voice in the criminal justice system, and we will never accept having the rights of criminals ahead of those of victims of crime and law-abiding citizens. In fact, for far too many years in Canada the scales of justice tipped in favour of criminals. Our criminal justice system neglected those who had been affected by their crimes. It neglected the rights of victims of crime. I am proud of the hard work and the achievements of our former Conservative government. Our country is better off for it. It took significant steps to find a better balance in our criminal justice system, steps that gave victims of crime clear, enforceable rights and protections.

The principle that victims of crimes should be a priority in Canada's criminal justice system was reflected throughout the former Conservative government's policies, reforms, and even investments. Whether it was the creation of the Office of the Federal Ombudsman for Victims of Crime, the passing of the Safe Streets and Communities Act, or investments in child advocacy centres across the country, victims and law-abiding criminals were always the priority.

The landmark Canadian Victims Bill of Rights was the most notable forward step for victims taken by the former Conservative government. This historic legislation entrenched the rights of victims of crime into a single document at the federal level. The Canadian Victims Bill of Rights guarantees victims of crime the right to information, protection, participation and restitution. lt means that the rights of victims are considered at every stage of the criminal justice process, as they should be.

After entrenching the Canadian Victims Bill of Rights in Canada's criminal justice system, our former Conservative government tabled legislation to also give victims of service offences the same rights, that is, the right to information, protection, participation and restitution. Unfortunately, there was not enough time to study and pass this legislation before the dissolution of Parliament. However, I am pleased that the current Liberal government, through Bill C-77, has copied that legislation. lt is the right thing to do. As we work to protect and promote victims' rights, we are helping to ensure that both of Canada's criminal justice systems help those who truly deserve support.

Given that the legislation for the most part is a carbon copy of the legislation introduced by the former Conservative government, it is disappointing that it is being introduced so late in the Liberal government's mandate. I suppose this is perhaps a reflection of the Liberal government's record on victims' rights.

Unfortunately, it is way too easy to offer examples of the Liberal government's appalling record of putting the rights of dangerous criminals ahead of the rights of victims and their families. Just last week, the Liberals voted against our Conservative motion calling on their Minister of Veterans Affairs to revoke the Veterans Affairs-funded benefits of Chris Garnier, a convicted cop killer. Moreover, the Liberal government is still defending the transfer of Terri-Lynne McClintic to a healing lodge. McClintic was convicted of first-degree murder in the 2009 kidnapping and rape of eight-year-old Tori Stafford. Less than 10 years after the disgusting crimes she committed, she has no business being transferred to a healing lodge facility. That facility has no fences around it and often has children present. However, the Liberal public safety minister has defended this decision and downgraded her despicable crimes to “bad practices”. As a mother of two young children, I am livid by the Liberal government's refusal to exercise its moral, legal and political authority to reverse this decision, and my heart breaks for the family of Tori Stafford.

These are just two recent examples in the public eye of the Liberals' backward priorities. They have also tabled Bill C-75, which makes sweeping changes to Canada's Criminal Code. lt undoes a lot of the progress our former government made to put the rights of victims ahead of criminals.

While we are considering the legislation before us, I would point out that the Liberals are also pushing through legislation to reduce sentencing for serious crimes. These are serious crimes like human trafficking, participation in a terrorist group or the abduction of a child under the age of 14. The Liberal record of putting the rights of criminals ahead of victims is shameful. lt is not a record of restoring victim rights.

That said, I am pleased to see that a version of our Conservative legislation has been brought forward by this government. Victims' rights should never fall by the wayside in either of Canada's systems of justice. That is why passing this legislation is so important. Like the Canadian Victims Bill of Rights, this legislation entrenches four key rights for victims of service offences. First, it provides the right to information. This includes the right to information on the military justice system, as well as services and programs available to victims. lt also gives victims the right to information about the progress of the case. The legislation gives victims the right to protection by giving consideration to their privacy and security through the military justice process. lt gives them the right to participate in the proceedings and creates an opportunity for a victim impact statement to be made. lt also gives the right to restitution when financial losses can reasonably be determined.

The addition of these rights to the military justice system through the Code of Service Discipline's declaration of victims' rights places these rights at the heart of the military justice system. That is exactly where they belong. The legislation has my support. I will be voting in favour of sending it to committee so it can be studied in detail.

Conservatives will always stand in support of victims. We will always be in favour of giving victims a stronger voice in Canada's criminal justice systems. I hope the legislation is referred to committee and that all victims of crime and law-abiding Canadians are given a greater priority by the Liberal government.

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, before I get into the issue at hand, it is no wonder that taxpayers and voters across this country get skeptical about politics when somebody, whether it is the parliamentary secretary to the Prime Minister, the Prime Minister or the Minister of Veterans Affairs, stands up every day and tries to pretend that something is exactly like something else when it is not. I am referring to what he just talked about on the minimum-security prison where this murderer, child killer, was moved to. She was behind bars in minimum security. She is not today and that is a huge difference. People get it, no matter how they try and spin it.

Before my blood boils much more, I am pleased to rise in the House today to speak to Bill C-77, which will amend the National Defence Act to bring about some changes to the Canadian military justice system. For the most part, these changes are both needed and welcomed. The bill before us today is in fact very similar to a previous Conservative bill, Bill C-71. I do not want to confuse anyone. The Bill C-71 that I am referring to is a bill from a previous government. It is not the same Bill C-71 that the Liberals have passed through this House which is a direct attack on law-abiding firearms owners. That is most certainly a Bill C-71 that I will never be supporting. The Bill C-71 that I am referring to was put forward by our previous Conservative government in an attempt to accomplish many of the same goals that the bill before us here today seeks to accomplish.

The fundamental objectives of this legislation, that I believe are supported across party lines, are aligning the military justice system in Canada with the Criminal Code of Canada, enshrining the Victims Bill of Rights into the National Defence Act, putting a statute of limitations of six months on summary trial cases and clarifying what cases should be handled by a summary trial. These are all very positive steps forward that are contained within Bill C-77 and I am supportive of them moving forward.

I would like to take some time to focus on one of these central points, with respect to enacting the Victims Bill of Rights. It should be pointed out that it was the former Conservative government that brought forward the Victims Bill of Rights when we were in government. It was an incredible step forward to ensure that Canadians who are victims of crime are supported. That is our party's record when it comes to supporting survivors.

Unfortunately, time and time again we see the Liberals talking the talk but not walking the walk when it comes to support for victims in this country. In fact, they've adopted a “hug a thug” mentality when it comes to modernizing the Criminal Code. Through Bill C-75, the Liberals are actually making it possible for perpetrators of heinous criminal acts, some carrying sentences of 10 years in prison, to get off with only a ticket, fine or minor jail time. Bill C-75 introduces a number of measures that are intended to deal with delays in Canada's court system. However, as I have said, the massive 302-page bill will also end up reducing sentences for a number of dangerous crimes. This will be done by provisions in the bill that could reclassify indictable offences so that they may be punishable as summary offences, which would carry a maximum penalty of only two years.

A potential 10-year sentence lessened to two years is the Liberal solution to judicial delays. I sent a mailing out to my constituents that informed them of Bill C-75 and what it would do. I invited them to respond to me via a response card. The response card asked them if they agreed with Bill C-75. To be clear, there was literature that went with it to explain exactly what was there so that people understood what they were voting on.

In my entire time serving the riding of Bruce—Grey—Owen Sound, I have never had such an immense return to a mailing like this. I received nearly 1,600 responses to this question. Of the responses, 97% of respondents said that they disagreed with Bill C-75, while only 31 individuals out of that 1,600 agreed and 17 were unsure or needed more information. This was certainly a message heard loud and clear. Bruce—Grey—Owen Sound does not support Bill C-75.

Canadians are also having a hard time believing that this government supports the men and women who serve this country.

I rose in the House last week to make the Minister of Veterans Affairs aware of a veteran in Bruce—Grey—Owen Sound who cannot receive the important support he needs. He is 87 years old and is a veteran of the Korean War. His name is Barry Jackson. I know the family well. He served our country admirably and is now looking for any kind of help from Veterans Affairs. Unfortunately, it will not return his calls.

First I will provide a bit of history. It took years for Barry Jackson to be approved for a wheelchair ramp. Now he needs a scooter, and all he gets is silence from Veterans Affairs. His son Jonathon contacted my office after learning that the Liberals were paying for PTSD treatment for a convicted murderer who has never served in the military one single day in his life. It truly is shameful that a murderer and cop killer with not one day of military service is receiving benefits.

When Barry Jackson got the call from Canada in 1951, he answered that call and headed off to Korea, just like thousands of other young Canadian men did. However, years later, when Barry Jackson needed help and reached out to Canada, nada, nothing, zero. From Veterans Affairs, nothing; from the Prime Minister, nothing; from the Minister of Veterans Affairs, nothing. They should all be ashamed.

Christopher Garnier, meanwhile, committed unspeakable acts, but because his father served in the armed forces, he is getting support, while actual veterans like Barry Jackson wait and wait. It is unfair and, I would say, un-Canadian. What is really ironic, and we can use whatever word we want, is that with the money in Veterans Affairs and the services available, veterans like Barry Jackson, who laid their lives on the line to earn those services when they needed them, are the ones who cannot get them. However, a cop killer and rapist like Chris Garnier, one of the worst human beings one can imagine, has no problem getting them and did not serve one day. That is why people shake their heads and wonder why they even support or want government. It is things like this that give it all a dirty feeling.

When it comes to supporting victims and the men and women who serve this country, the Liberals do not have a great record.

Earlier in my remarks, I mentioned that Bill C-77 almost directly mirrors Bill C-71 from a previous Parliament. There are, however, a few differences I would like to highlight. Perhaps the most glaring difference between the two bills would be the addition of the Gladue decision in relation to subsection 718.2(e) of the Criminal Code of Canada to the National Defence Act.

This addition would mean that aboriginal members of the Canadian Armed Forces facing charges under the National Defence Act may face lighter punishment if convicted. There is absolutely no place in the Canadian Armed Forces, or in Canadian society, for that matter, for discrimination of any kind. No one should ever be discriminated against based upon race, gender, religion, culture or any other factor. That being said, the insertion of this principle has the potential to result in different considerations for offences committed by aboriginal CAF members than for those committed by non-aboriginal forces members. This could lead to sentences that are less harsh and could undermine operational discipline, morale in the forces and even anti-racism policies.

I want to point out, while I have the opportunity, that there are two reserves in my riding. Cape Croker, which is just north of my home town of Wiarton, has the distinction of having the highest percentage of young men who have served in wars. That is something I know they are proud of. Wilmer Nadjiwon, a former chief, just passed away a year or so ago at 96. I stand to be corrected, but I believe that he and seven of his brothers, the eight of them, were in the war, and some of them did not come home. They gave it all, so this is not a slam against aboriginal veterans across this country.

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

Mr. Speaker, actually, this is not theoretical. We can come back to Bill C-75, the reduction of sentences bill that aims to reduce 26 various criminal offences from indictable offences to summary conviction. One is the offence of belonging to a terrorist organization, or to a gang, and a whole host of others. There are 26 different offences it is saying we need to reduce the sentences for.

He would probably say the same thing here, that we have talked about this too much and let us just get on with it, but Canadians need to hear these things and understand that the Liberal government is committed to watering down any kind of protection that victims have in our country. We need to keep saying that again and again until it soaks into the Liberals' thick skulls that they need to start figuring out some way they can step forward and protect victims, instead of always taking the side of the offender against those people who have paid the price for these people's bad and illegal behaviour.

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

Mr. Speaker, the hon. member did not really answer my question or the question from the hon. member for Kingston and the Islands but wants to talk about a completely different issue, which is Bill C-75. I will ask a question about that and hopefully get an answer.

The previous government, in power for 10 years, did nothing with a particular hybrid offence, which is sexual assault, which I think we would all agree is one of the worst offences in the Criminal Code. Why did the former government not do anything about that? That is question one.

If the member cannot answer that, is he opposed to the changes in Bill C-75 because he does not trust police officers or Crown prosecutors to give the right charge in the right circumstances?

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, that is a terrific question. All we have to do is look at the evidence of the government, via its actions. This is a government, and I have said this many times in this House, that loves governing by Twitter, Snapchat, Instagram and Facebook, because with those 140 characters, or 280 now, and the way it controls them, it can really manipulate the message.

However, the way the government actually conducts itself on issues of victims and supporting criminals, there is evidence after evidence, as has been going through the House over the last couple weeks, with the Tori Stafford situation, the Catherine Campbell situation in Truro, Nova Scotia, and Omar Khadr. The list goes on and on.

This weekend I was speaking to the Ontario Federation of Anglers and Hunters. We were talking specifically about Bill C-71, which is the government's new gun registry, its answer, supposedly, to solving the gangs and criminal activity situation. In fact, what the government is doing is actually going after law-abiding firearms owners in this country.

It gives the government and the Liberal MPs a chance to go to their municipalities and say that the government is doing something tough on crime, but in fact, what it is doing is penalizing the wrong people. It is not solving a problem that exists in this country.

Bill C-75 is another example of that, with the amendments to the Criminal Code and the summary convictions, taking some of the most egregious and heinous crimes in this country and reducing them to a slap on the wrist, because the government has an inability to put judges in place to deal with the backlogs in the courts. The government would rather see criminals go free than criminals go to jail. That is the way these Liberals operate.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, it gives me great pleasure to rise today to speak about Bill C-77, to enact military justice reforms. They say that imitation is the best form of flattery. The government of the day has taken into account many of the proposals that were in Bill C-71 from the previous government, with the exception of adding a couple of things. It has simply copied and pasted that legislation into Bill C-77.

I want to spend a couple of moments on some issues that have come up lately in the House. Throughout the debate this morning, we heard the government side talk about victims and victims' rights. On this side of the House, and in the previous government, I have strongly advocated for the rights of victims, as we did the previous government with the introduction of the Canadian Victims Bill of Rights. It is paramount that governments ensure that they put the rights of victims ahead of the rights of criminals.

Over the course of the last couple of weeks, we have seen some highly publicized situations come up that have gained the attention of Canadians, in large part because of the issues brought up in the House. I will note two cases in particular as examples.

There is the Christopher Garnier case in Nova Scotia. Christopher Garnier murdered police officer and volunteer firefighter Christine Campbell. It was a highly publicized case. Ahead of veterans, Mr. Garnier was receiving PTSD benefits from Veterans Affairs.

Of course over the last week, we have also seen the issue around Tori Stafford come up. Her murderer is now sitting in an aboriginal healing centre in northern Saskatchewan when she should be behind bars and razor wire, which is exactly where she was before.

On the issues of victims' rights, we have to ensure we put them ahead of the rights of criminals. We have not seen that, as an example in the case of the government, over the course of the last couple of weeks. Many of us heard the father of Tori Stafford over the weekend, pleading with the Prime Minister of our country to correct that situation.

Fortunately, tomorrow on opposition day, members of the government side will have the opportunity to stand and do what is right with respect to an opposition day motion we will be put forward. It calls on the Government of Canada, the Prime Minister, and the Minister of Public Safety to reverse the decision of Correctional Service Canada and ensure Tori Stafford's killer is put back behind bars and razor wire where she belongs, not surrounded by trees at a healing centre. The government and its members will have the opportunity tomorrow to do the right thing by standing in support of the opposition day motion.

On the issue of Bill C-71, as I said earlier, the Conservatives will always stand for victims and not criminals. Over the weekend, I had a robust discussion about this very issue as it related to criminals. It was more so about the current legislation, Bill C-71 and Bill C-75, as it relates to the new Liberal gun registry and changes to criminal justice acts, and in particular about the list of many otherwise serious criminal activities being reduced to summary convictions.

In some of the discussions I had around my riding this weekend, people were quite concerned not only with the gun registry and that it did little to tackle the real issue of gangs, gang violence and illegal gun activity, but also with the fact that many of these more heinous and serious crimes would be potentially reduced to summary convictions. The reason for that is the government's inability to fill judicial appointments on the bench and cases are getting backlogged. The government would simply rather slap criminals on the wrist with this potential summary conviction rather than looking after victims' rights and victims instead of criminals.

Part of this legislation, one of the important pieces of it, is the Gladue decision. For the most part, this is a copy and paste of the previous bill, Bill C-71, from the previous Conservative government. However, the main difference between the two would be the addition of the Gladue decision into the National Defence Act.

In effect, this addition would mean that aboriginal members of the CAF, who face charges under the National Defence Act, would face lighter punishments if convicted. That causes problems with respect to the fact that the special considerations for indigenous members could result in sentences that would be less harsh than those of other CAF members. In fact, it could undermine the operational discipline, morale and some of the anti-racism policies of the CAF. It is a concern.

We will support this legislation and get it to committee to ensure we hear from those various stakeholders, such as first nations communities and advocates.

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

Mr. Speaker, I again would like to thank the hon. member for his commitment to our men and women in uniform. He is a passionate advocate.

In my previous comments, I asked a couple of questions. He answered the first but not the second, so I will go back to the second question. During his speech, he mentioned Bill C-75. The government is planning to make certain offences hybrid. Under the Criminal Code of Canada, sexual assault is a hybrid offence and is one of the worst things of which I can think. For 10 years, under Stephen Harper, why did the government not change that? Is it that the hon. member does not believe police officers and prosecutors should be trusted to charge individuals under the right offence?

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

Mr. Speaker, it is good to know that the hon. member sounds very supportive of the bill. He threw a bit of shade at the government for not getting it done, as we are into our final year.

It is good to see the government getting it done. We did not see it getting done under 10 years of Stephen Harper. However, he also went into a few barbs against the government, one in particular with respect to Bill C-75 and hybrid offences. One hybrid offence in the Criminal Code of Canada is sexual assault, which is one of the worst crimes of which I can think. Why did the Conservatives not change that from a hybrid offence to a straight indictable offence? If he cannot answer that, does he not trust police officers and prosecutors to lay the right charge once Bill C-75 passes?

[James Bezan, Conservative, Selkirk—Interlake—Eastman, MB]

Mr. Speaker, it is a pleasure to rise and speak to Bill C-77, an act to enhance victims' rights in the military justice system, an act to amend the National Defence Act and other related acts.

First and foremost I have to thank those who serve in the Canadian Armed Forces. The men and women in uniform who serve in the regular forces, the reserve force in all the disciplines and all the different trades take on an important task in keeping us safe here in Canada in dealing with our foes abroad. As long as we have adversaries who want to do harm to us here in Canada as well as to our allies, we need to have a standing force to protect Canada.

It is because of the skills required to be a soldier, an airman, an airwoman, a sailor in the Royal Canadian Navy, our air force and the army, the people that we need to do that job need the support of the Government of Canada, and it does that through the National Defence Act.

A lot of people who might be hearing this debate today for the first time may not understand why we have a separate military justice system within the National Defence Act for the Canadian Armed Forces versus the court system that we have for civil society across this country.

People need to understand that the Canadian Charter of Rights and Freedoms is the hallmark piece of legislation, our Constitution, that even the National Defence Act is subordinate to and has to follow the laws as are written under our rights in the charter.

The Supreme Court of Canada has stated on numerous occasions, and most recently in the Moriarity decision, that the purpose of Canada's military justice system is “to maintain discipline, efficiency and morale in the military”.

By allowing commanding officers as well as non-commissioned officers to have the ability to have efficiency and discipline within the armed forces means stronger morale, a better-abled armed forces, so they can carry out the duties that are bestowed upon them from time to time in operations by the Government of Canada.

As I already mentioned to the minister, I am glad to see that the government has moved ahead with our old Bill C-71, which would put within the Code of Service Discipline a declaration of victims' rights, something that the previous Conservative government did, as constituted in law, and now is making sure that the military justice system and the Victims' Bill of Rights would be respected within the National Defence Act.

Some of those rights that we are talking about for victims are: the right to information, so that all victims would have general information about the military justice system; what types of victim services would be available through the Canadian Armed Forces and National Defence; and what type of information they would need. They would be able to hear about the progress of the case as it moves forward and also get all of the information relating to the investigation, prosecution and sentencing of the person who did the harm.

I talked earlier about Operation Honour. That information is critical in making sure that we respect the victims of sexual misconduct within the Canadian Armed Forces. This legislation would make sure that the armed forces provides those services.

There is the right to protection, the same thing that we have in civil society. All victims would have the right to security and privacy considered at all times through the military justice process. The armed forces would take reasonable and necessary measures to protect victims from intimidation and retaliation. A victim's identity would not be disclosed to the public.

The right to participation comes down to the victim having the right to have a victim impact statement put into the proceedings and read at the time of sentencing. Military justice professionals would have to consider these at all stages of the proceedings.

Finally, there is the right to restitution. In the event that there is the ability to provide some financial assistance to cover losses from the criminal activity that took place, the victim would have the right to restitution.

One thing that we would now see in the Canadian Armed Forces is the addition of the victim's liaison officer. This individual would proactively work with victims in their choice of jurisdiction for sexual misconduct matters. The liaison officer would help victims with the investigation and trial process, keep them informed, listen to them and get their views to determine how public interest is moving forward on that prosecution.

Witness preparation will be improved through this process because of the addition of the victims rights officer. They will make sure that the comfort and security of the victim are always taken into consideration. They will look at everything from the type of effort that prosecutors need for all of the information regarding the victim impact statement, and during sentencing in particular, to looking at maintaining the consistency of prosecutors throughout the court process. It is critical to make sure that prosecutors are using the same type of parameters in moving forward. That has to be paramount. Finally, these sexual misconduct cases would be expedited ahead of other trials that might be ongoing.

As Conservatives, we have always stood up for victims' rights. We believe that victims must have an effective voice in the criminal justice, which includes the military justice system. As I said, it was the previous Conservative government under Stephen Harper that brought forward the Canadian Victims Bill of Rights, and now we would be enshrining those rights into the military justice system through Bill C-77. That is why we introduced Bill C-71 last Parliament in the last session.

We are going to be supportive of this process with the government, but are wondering why the Liberals took so long. We know they are copying our bill because it is the right thing to do. Everyone wants to stand up for the victims of crime, and of course we will want to study this further once it gets to committee.

Putting the rights of victims at the heart of our criminal justice system is important to ensure that victims have a more effective voice within the justice system, and that they are treated with courtesy, compassion and respect at every stage of the military criminal justice process, as well as in the civilian criminal justice process. This is about reversing the trend of criminals always getting breaks. We want to make sure that we keep our streets and communities safe, and that families of victims have an effective voice.

As Conservatives, we are very proud of our record with respect to the criminal justice system. It speaks for itself. We enacted the Safe Streets and Communities Act and reformed the not criminally responsible legislation. We also brought in laws against sexual exploitation, cyber-bullying and cyber-intimidation.

We believe that victims should always be placed at the forefront in the criminal justice system because they deserve and should have the right to information, the right to protection, the right participation, and where possible, the right to restitution. That is why we passed the Canadian Victims Bill of Rights. It enshrines that in legislation. We are finally doing that through Bill C-77 in the military justice system.

Although we are all here talking about standing up for victims, I have been very disappointed over the last two weeks from seeing the government's response on the Tori Stafford case regarding Terri-Lynne McClintic. She has been put into a minimum-security healing lodge in Saskatchewan where there are other children. She is the child killer of Tori Stafford. If we really believed in supporting victims' rights, there is no way that Terri-Lynne McClintic should be in a healing lodge. She should be behind bars in at least a medium-security facility that has a fence, where she can be properly monitored and can receive the counselling she needs.

I will also note Chris Garnier, an individual who killed off-duty police officer Catherine Campbell, is sitting in prison and receiving Veterans Affairs benefits for PTSD that he got from killing Officer Campbell. There is no way that this individual should be given any veterans benefits, but the government refuses to rescind the services being offered to him. Garnier could get PTSD counselling through the Correctional Service of Canada. He does not need to be taking away benefits from veterans when he is not a veteran himself. He got ahead of the line of actual veterans trying to get help for their operational stress injuries.

Then of course we have Bill C-75, which I call the Liberal hug-a-thug bill. The Liberals have brought forward this legislation that reduces fines, penalties, and incarceration time for individuals for 26 different offences that right now are indictable and result in jail time, instead making them summary conviction offences. This could mean just getting a fine instead of jail time.

To get back to why we have a military justice system, I will read an old quote from Maurice de Saxe, who was a marshal general of France. He noted in a 1732 treatise he wrote on the science of warfare that “military discipline...is the soul of armies. If it is not established with wisdom and maintained with unshakeable resolution you will have no soldiers. Regiments and armies will only be contemptible, armed mobs, more dangerous to their own country than to the enemy.”

That is why we have a court martial system. It is also why we have summary hearings so that the chain of command is able to deal with disciplinary measures. We always have to remember that since the earliest of times, members of the Canadian Armed Forces have been given great responsibilities in exercising those duties to protect this country. When we go back to our British history and operations, they were always governed by articles of war that were proclaimed by the monarch. Articles about different military offences and punishments at that time included the death penalty, or someone would have their head shaven if they were not conducting themselves in a respectful manner. The military has that ethos and the code of service conduct that its members have to respect. It is critical that the military function under that very hard discipline. When people are going into battle, service members standing next to each other must be bound by that same code and conduct themselves in like manner and be able to trust each other with their lives.

It is because of that history, the operations we undertake, and the creation of the National Defence Act in 1950 that we have this two-tiered system.

Members of the Canadian Armed Forces are often required to risk injury or death in their daily performance of their duties inside and outside Canada. They often have to use lethal force in an operation. They are going to be commanded to be the aggressors at times and they all have to be responsible under the chain of command. Of course, those activities and operations are sanctioned by the Government of Canada. That is why there has to be a military justice system that is separate from the civilian system and that puts a premium on the necessity for discipline and cohesion of military units.

The operational reality of the military has specific implications holding military members to a higher standard than what is expected of civilians. That is why there are the summary hearings or summary trials, as they are currently called, that deal with those disciplinary matters. It builds morale within the Canadian Armed Forces when everyone is marching in the same direction.

The realities of military life were acknowledged by the Supreme Court of Canada in its 1992 decision in the Généreux case. It stated that:

The purpose of a separate system of military tribunals is to allow the Armed Forces to deal with matters that pertain directly to the discipline, efficiency and morale of the military. The safety and well-being of Canadians depends considerably on the willingness and readiness of a force of men and women to defend against threats to the nation's security. To maintain the Armed Forces in a state of readiness, the military must be in a position to enforce internal discipline effectively and efficiently. Breaches of military discipline must be dealt with speedily and, frequently, punished more severely than would be the case if a civilian engaged in such conduct. As a result, the military has its own Code of Service Discipline to allow it to meet its particular disciplinary needs. In addition, special service tribunals, rather than the ordinary courts, have been given jurisdiction to punish breaches of the Code of Service Discipline. Recourse to the ordinary criminal courts would, as a general rule, be inadequate to serve the particular disciplinary needs of the military. There is thus a need for separate tribunals to enforce special disciplinary standards in the military.

In light of that decision, I think it is key that a person must be punished severely, efficiently and with speed. In the current situation of civilian courts, that would not happen. We have murderers who are getting off from their crimes because their jurisprudence has not been respected under the courts and their cases have been thrown out because of the time it has taken to actually get them to a hearing.

The charter also recognizes the existence of the separate system of military justice within the Canadian legal system. If we look at section 11 of the charter that deals with the proceedings of criminal and penal matters, it talks extensively about the right to a fair trial. However, section 11(f) says:

Any person charged with an offence has the right...(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

Therefore, the charter specifically says that we have the right to have a separate and distinct military justice system. That has been upheld now in three separate decisions, most recently in 2015 in the Moriarity decision. In each case, the court has upheld the requirement for a separate justice system in the Canadian Armed Forces.

In Généreux, the Supreme Court found that the existence of a parallel system of military law and tribunals for the purpose of enforcement and discipline in the military “is deeply entrenched in our history and is supported by compelling principles.”

When we start looking at some of the decisions going forward, and of course the one just delivered by the Court Martial Appeal Court in the Beaudry case, I do not know if they have looked significantly at the decisions already made by the Supreme Court of Canada. The reality is that the Supreme of Court of Canada has decided that we need to have a separate military justice system, a court martial process, as well as a summary hearings proceedings to ensure that we have that discipline and that morale is there, so that we have an efficient armed forces that can deal with the threats of the day and that everyone is then working hand in hand.

In the MacKay case, there was a similar note when the National Defence Act was considered as a whole. it reads:

When the National Defence Act is considered as a whole it will be seen that it encompasses the rules of discipline necessary to the maintenance of morale and efficiency among troops in training and at the same time envisages conditions under which service offences may be committed outside of Canada by service personnel stationed abroad. […] In my view these are some of the factors which make it apparent that a separate code of discipline administered within the services is an essential ingredient of service life.

Again, that comes back to the fact that our troops are deployed in places like Iraq, Ukraine, Latvia, Mali, and in past in places like Korea and Afghanistan, and across Europe in World War I and World War II. The reason we have it is that if crimes are committed overseas, those military members will still be bound by the military processes and the military justice that we have under the National Defence Act.

Again, in the Moriarity decision, the Supreme Court upheld the constitutionality of paragraph 131(1)(a) of the National Defence Act, which incorporates offences under the Criminal Code and other acts into the military justice system, because the court acknowledged that the behaviour of members of the military relates to discipline, efficiency and morale, even when they are not on duty, in uniform or on a military base. This comes back to Operation Honour, which we are engaged in right now and which has been carried out very effectively by the Canadian Armed Forces. It is not just when one is wearing the uniform and is on duty that it matters, but it is an ethos and code of conduct that Canadian Forces members have chosen to uphold at all times, whether on duty or off .The Supreme Court of Canada has recognized that. Therefore, if there is any sexual misconduct, it can be dealt with.

In closing, I have to say that I am very concerned about the effect of the Beaudry ruling. I am glad that the government and the minister have appealed that decision to the Supreme Court, because it contradicts two other recent rulings of the Court Martial Appeal Court. Essentially what they are trying to do is to wipe out the military's ability to prosecute any civilian offences within the Canadian Forces.

To close, I will read the dissenting opinion of the chief justice of the Court Martial Appeal Court, the Hon. Richard Bell. He wrote that Parliament had intended to include the offences under paragraph 131(1)(a) of the National Defence Act as “offence[s] under military law tried before a military tribunal” when drafting subsection 11(f) of the charter. He noted that “Parliament was presumably aware of the legal consequences of the military exception set out in subsection 11(f) of the Charter, and there is every indication that it intended to exclude persons subject to the Code of Service Discipline from the right to a trial by jury when it conceived that exception”.

I have to agree with him. I hope we can put stronger language into Bill C-77 to respect that type of legal opinion.

Public Safety

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

Mr. Speaker, I am here today with a petition that protests Bill C-75, an enormous 302-page omnibus bill that would lighten the sentences on serious crimes, like advocating genocide, polygamy, marriage under 16 years, forced confinement of a minor, etc.

The petitioners ask the Prime Minister to defend the security and safety of all Canadians by withdrawing Bill C-75.

National Defence Act

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, I will be splitting my time with our hon. colleague from Edmonton West.

It is an honour to stand and speak to Bill C-77.

Today we are talking about Bill C-77 and the military justice reforms from the government. Essentially in the eleventh hour and pre-writ for the most part, the government has chosen to table a bill which it has said is going to be absolutely transformative and is so important. The Liberals believe very strongly in it, yet there are so many other pieces of legislation that came before this bill, such as changing the words to our national anthem and the cannabis piece of legislation, and now we have Bill C-77 which talks about enshrining victims' rights into our military justice system.

I will say right at the outset that the Conservatives always err on the side of victims and believe that victims' rights should always be there. As a matter of fact, it was our previous Conservative government that enacted the Victims Bill of Rights Act. We support enshrining victims' rights into the military justice system. It is why we introduced Bill C-71.

People who are listening to this debate should not get that bill confused with the backdoor registry Bill C-71 that has been talked about in the last couple of weeks, which the Liberal government is trying to bring through this House and unfairly punish law-abiding gun owners. I am talking about Bill C-71 which was brought forward by the previous Conservative government. The hon. member for Dartmouth—Cole Harbour actually thanked us. It will go down in Hansard that we actually had a Liberal thanking us for all the hard work that we did. We actually did the hard work on this file.

Bill C-71 and Bill C-77 are almost identical, with the exception of a couple of minor things. All the Liberals did was take the cover page off and change the name, which is what we see them do very often with a lot of the good pieces of legislation they have brought forward. They did change C-71 to C-77. They have to put their Liberal spin on it, and we will get into that in a bit.

Also, prior to getting into the depth of this, I will say that this is not my file. I do not profess to be proficient in all the legal terms and all the benefits that Bill C-77 would bring, but I will talk about victims' rights.

It is interesting that earlier during question period and throughout the week, we were talking about a gentleman who committed a heinous crime and through the course of committing that crime gave himself PTSD. He committed murder. He actually murdered an off-duty police officer, put her into a garbage bin and then rolled it out and like trash tossed her aside. Now he has actually stepped in line with veterans, stepped in line before the veterans, and is receiving mental health services.

I receive messages from veterans and first responders every day about mental health challenges. I also receive messages every day from victims of crime who felt that when the Liberal government came in and started its hug-a-thug programs, the process was rigged against them. I actually get calls and messages from law enforcement officers who say that the system is now rigged against them, that it is harder for them to do their job. We should be doing everything in our power to give those whom we trust to protect us, our silent sentinels, every tool to be able to do their job, to be able to do their mission and come home and remain healthy and productive.

We should be giving the victims every opportunity to be protected and to know that when their day in court comes, the focus will be on them and their rights and not on the person who committed the crime.

I sat through the debate on Bill C-75. This is a piece of legislation where the government is looking to speed up our judicial process. We should not be speeding up the process. We should be making it effective, making sure that those who come before the courts get the appropriate rights and freedoms that we all enjoy, but those who are found guilty, if they do the crime, they better do the time.

I will not get into that. I am not a lawyer, but there is a lawyer sitting in front of me. There are far too many lawyer jokes that I could insert here, but I will not do that.

It was interesting to sit through the debate on Bill C-75. I listened to the witnesses who came before committee. They were very articulate and they all said the same thing. They all had the same concerns. They said we should not weaken our system, that we should make sure that victims are not revictimized through the court process. They want to know that they will get their day in court, that every tool available will be there to make sure that the perpetrator of a crime, if found guilty, will serve the time.

Bill C-77 is almost a carbon copy of Bill C-71. There are a couple of changes which I will talk to right now.

The main difference between the two bills is the addition of the Gladue decision into the National Defence Act in Bill C-77. This addition would mean that aboriginal members of the Canadian Armed Forces who face charges under the National Defence Act may face lighter punishment if convicted. I will not say “will”. This document says “will”, but I would say “may”. I still believe in our judicial system. They may face lighter punishment if convicted.

It also would mean special consideration for indigenous members, taking in their background and perhaps what they went through. We have heard horrific stories over the years.

We need to make sure that there is a parallel system and the addition of special consideration for indigenous members that results in sentences that are perhaps less harsh versus their other CAF colleagues and comrades. The concern would be that perhaps that could undermine operational discipline, morale, and anti-racism policies. It may be well intended but it could have unintended negative consequences.

We support getting the bill to committee where we can study it further and hear from groups that come before us and offer their opinions. I look forward to that.

I want to go back to the couple of hours of discussions I sat through on Bill C-75. I am conscious of the short amount of time I have to speak, but I want to comment on this. My hon. colleague down the way mentioned this as well. First, we should do everything in our power to give those who are enforcing our laws every tool possible for them to complete their mission and to remain healthy. Second, we should be doing whatever we can to make sure that we institute mental health components within our legislation to make sure that they come home healthy. We should not be trying to speed up our judicial system. We should be finding ways to make it effective.

Firearms Act

[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?

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

Madam Speaker, I would like to think that preventing violence against any Canadian is a goal that everyone in the House would share. It is laudable when we have debates about how to ensure that is the case. The unfortunate thing about Bill C-71 and its subsequent journey through committee and now at the stage of debate we are at is that the government would be very hard pressed to point out statistically any one part of the bill that would actually make Canadians safer.

There were a couple of articles published by Global News in the last month. One was entitled, “A fair gun control debate requires accurate firearms facts”. Another published on September 6 was entitled, “Data shows that Toronto's gun 'surge' never happened”. These two articles are really important because they underscore the fact that any member on the government side in this place would be hard pressed to stand in the House and take any part of the bill and show how it would materially reduce violence in Canada. That, to me, is a waste of parliamentary time.

I could stand here and talk about numerous ways that would demonstrably reduce violence in Canada. If we want to talk about firearms violence, it is very important that we set the parameters of what firearms violence looks like in Canada. According to Statistics Canada, only three per cent, and I want to preface this by saying this number should be zero, but only three per cent of violent crime in Canada is related to a firearm.

Considering that statistic, we need to look at some of the claims my colleagues have made about violence against women. As Statistics Canada indicated today, patterns in weapons used in injury largely reflect the fact that common assault was the predominant offence against intimate partners. In the majority of incidents, some 70% of them, the perpetrator used their own physical force rather than a weapon to threaten or cause injury to a victim. In another 13% of incidents, the perpetrator used a weapon, while in 17% of the incidents no weapon was used.

The following is going to be a very unpopular statistic, but I am going to read it verbatim from Statistics Canada:

Given the greater use of weapons against men and the higher tendency for injury among incidents involving weapons...male victims were slightly more likely than female victims to suffer physical injury (55% versus 52%). Minor injuries accounted for this gender difference, with 53% of male victims sustaining minor physical injuries and 50% of female victims. There was no gender difference in major injury or death, as male and female victims of intimate partner violence were equally as likely to either die or experience a physical injury requiring professional medical attention....

If we drill down into the statistics, we can start talking about the causes and how we address them. Our former Conservative government invested millions of dollars directly toward programs to work with men and other groups to prevent and identify the causes of violence. My former colleague, Rona Ambrose, was Status of Women minister at the time and this was one of her big passions. She spoke all the time and worked day after day to create programs to ensure that we were preventing violence. My colleagues who were with the Minister of Justice also put forward legislation to penalize those who perpetrated this type of violence so that it would become a deterrent to people engaging in these types of behaviour, so we are looking at both ends of the coin.

The bill does none of that. It does not do anything to reduce incidents of violence. Why? It is because we know that, first of all, Canada is not the United States. The government is desperately trying to import the American debate into Canada, and that is just not the case. I am a law-abiding firearms owner. I have both my standard possession and acquisition licence, as well as my restricted possession and acquisition licences. It took me over a year to do that, from the day I decided to become a firearms owner to the day I actually became one. I had to go through an exceptional amount of training, testing, and vetting as well. It was very detailed screening. Once I did become a firearms owner, it took a long time to transfer the firearm into my possession even after this licensing process. Today, I am subject to daily vetting by the RCMP. I am also subject to very strict laws on how I transport my firearms and for the purposes they are used.

Therefore, under that system in Canada, the statistics show that a law-abiding firearm owner, someone who owns a firearm under our legal system in Canada, is three times less likely than a member of the general population to commit a firearm-related offence. Those are the statistics, so if we look at the statistics we have to start looking at when firearms-related violence happens and how prevent it.

Going back to the articles I mentioned, especially the one entitled “Data shows that Toronto's gun 'surge' never happened”, there were statistics going around that 50% of the guns were from legal sources. That is not even close to the real statistic. It was debunked by the article.

I am going to back up. The RCMP does not even consistently track where guns come from, so we should have been looking first to get better data. However, the data we do have shows an overwhelming majority of firearms used in violence are illegally sourced, and most of those are smuggled from the United States. Therefore, I do not understand why the government would not have first sought to table legislation that would have shown how it planned to better detect firearms coming in from the United States, and then have stronger penalties for those who would seek to do so.

There is so much misinformation out here. It is already a significant offence to illegally obtain a handgun or a firearm of any sort and sell it to someone who does not have a licence. That is actually an offence at this point in time.

We could be talking about all sorts of things, like better enforcement and stronger penalties, but the government is just so concerned about making symbolic gestures. The parliamentary secretary to the House leader in his last question said something to the effect of why would we take something to our constituents if it were just not true?

With regard to the component in Bill C-71 dealing with the authorization to transport, I was reading some testimony from a Dr. Caillin Langmann. I asked if there been any firearm-related violence associated with how the current ATT system, the authorization to transport system, worked. This was his testimony in response:

There is currently no empirical evidence demonstrating the effectiveness of the ATT. The fact is that the vast majority of legitimate gun owners do not use their firearms for illegal purposes let alone to cause harm.

That is true. I understand the great responsibility I bear in handling my firearms responsibly and the penalties I would incur if I were not doing that correctly. There is no way I am going to break those rules. That is why the statistics show that people who own firearms legally, those who use them legally as tools on their farms and in rural communities for hunting, people who are sports shooters—and that is the only legal reason, for all intents and purposes, that people can own a handgun in Canada—are not the ones we need to worry about.

Someone in my city, an alleged gang leader, who had used an illegally obtained firearm to shoot people walked away from criminal penalties after doing so, scot-free, because the government had not appointed judges and Jordan's principle was applied to his case. Why is the government not appointing judges? Why did it put forward Bill C-75, a bill that waters down penalties for serious violent crime, and gang related crime? Why are we not increasing those penalties?

Furthermore, if we want to take a more liberal view, which I rarely do, the government put a lot of money into a consultation process in which it announced it was going to spend hundreds of millions of dollars on preventing gang violence, and it has allocated virtually none of that, even though it has spent billions of dollars on other things that are completely useless.

I wish we could focus on facts, because all of this is cheap political tactics to import a debate from the United States into Canada. It is not going to keep anyone safe. It is highly unfortunate, because the government had an opportunity to do something, to effect change, and it failed. All the government wants to do is impose an ideological agenda on a country that already has some of the tightest firearms laws in the world. Our statistics show that our legal firearms owners are not the source of this violence. Why would we then not focus on those who are perpetrating these crimes?

Someone who has obtained a handgun illegally is not, by definition or by virtue, going subscribe to the penalties in Bill C-71. It just affects law-abiding firearms owners, and those are not the people we need to focus on, based on the statistics we have.

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

Madam Speaker, I want to thank my colleague for pointing out the complete lack of integrity in this whole argument of trying to make it look like Canadians will be safer with this Bill C-71, while at the same time the government is putting forward Bill C-75, which would reduce sentences. However, she mentioned toward the end of her speech the idea of a ban on assault rifles, which, as she already pointed out, have been banned for many years.

I would just like to quote the member for Scarborough—Guildwood who said, “I don't think I speak out of turn when I say that there is no tolerance for people having guns in Toronto, period—long guns, short guns, in-between guns, fast guns, slow guns”. This statement by the chair of the committee that studied this legislation shows a complete lack of understanding of the issues.

Therefore, does my colleague think that the Liberals are actually on track to try to ban all guns in Canada?

[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.