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.

Firearms Act

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, without a doubt, this is the backdoor long-gun registry. I think the words “registrar” or “register” were in the bill over 13 times.

This is a particularly interesting bill when you see it in light of Bill C-75, which I like to call the “hug-a-thug” bill. In Bill C-75, the government seems to be reducing the sentencing for all kinds of crimes.

Does my hon. colleague have an opinion on how this Liberal government is viewed by the general public in terms of Bill C-71 on the one hand, and Bill C-75 on the other?

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

Mr. Speaker, I find it interesting. We have Bill C-71 here. We have a good firearms registry in this country, because people who want to participate in firearms activities have to be licensed and get the proper certification. This bill just adds more bureaucracy. It is more of a process. It creates more difficulty for legitimate people to actually be involved in these kinds of hobbies.

I would like to have my colleague just comment on the difference between this bill, which reflects the attitude of the government on Bill C-71 and the fact that it is clamping down on legitimate, honest people across this country, and Bill C-75, which reduces the sentences for things like terrorism, genocide, criminal activity, organized municipal corruption, and those kinds of things.

Could she reflect on that a bit?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bill C-71—Time Allocation Motion

[Robert Sopuck, Conservative, Dauphin—Swan River—Neepawa, MB]

Madam Speaker, it is quite clear this is the backdoor gun registry coming back. Under Bill C-71, if a firearms owner sells a firearm to another individual, he or she would have to call a registrar and that purchase would now be registered. Even though both individuals have a valid possession and acquisition licence and show that they are valid, they would still have to call the registrar to have that purchase registered.

It is quite clear from the research done on the old Liberal firearms registry that law-abiding citizens complied with it. I certainly did. However, at the same time, there was zero evidence it reduced crime. On the other hand, we have Bill C-75, where the Liberals would be making punishment for violent crimes and criminals more lenient, while at the same time, under Bill C-71, they would be punishing law-abiding citizens. In the Liberal world, it is far easier to punish law-abiding citizens because they obey the law and the criminals do not. Why this dichotomy? Why are criminals treated better than law-abiding citizens under the Liberal government?

Firearms Act

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

Mr. Speaker, I have a number of questions I want to ask tonight to kind of wrap this up.

One of the main questions, as I sat here and listened tonight, is that I fail to understand why the Liberals do not even seem to know the basics of what this proposed law is about. I heard a number of things this evening that are concerning. They do not seem to know what the past requirements were for background checks. I heard a number of people talking about that. They do not seem to understand that they have been adequate in the past. There has been a good system in place for doing background checks, and it has worked well for Canadians. They do not seem to know that firearms owners have to be registered and be licensed themselves in order to own a firearm. Earlier we heard someone ask why we treat guns differently than some other things. Well, the reality with firearms is that one actually needs to be registered. One has to take the course and get the certification.

I was really concerned a little earlier about why the Liberals approach firearms owners in the way that they do. When the member for Oakville North—Burlington said that all gun owners are law-abiding until they are not, I wondered what she meant by that. There is some sort of attitude of superiority that the Liberals come with in regard to firearms owners, and we have seen this for 25 years. We saw it with Bill C-68 and the fact that they would never back down on that legislation. It cost them dozens of ridings across this country. Several elections later, they have come back with another piece of legislation. I think we are beginning to see both in Ontario, and with the results in Quebec tonight, that the attitude the Liberals have is starting to irritate Canadians. I think we are going to see a response to that, and an even better response from our perspective, in the next federal election.

Also, I do not think the Liberals understand that there is no right to firearms ownership in this country. I think everyone needs to be reminded of that. The only reason that we can own firearms is because the government gives us permission. When I talk to my friends with the Canadian Wildlife Federation on those kinds of things, they say that we need to help Canadians understand that. We do not have a right to own firearms. If we do not get licensed, we are criminals. They resent that, but they will accept the fact that we need to have a licensing regime in place.

Another concern is that I am wondering why those Liberals who have firearms owners in their ridings do not seem to be willing to listen to them. I want to point out that at the committee, the leader of the opposition in the Yukon legislature was not allowed to speak. I am told that there was not a single northern Canadian who was able to testify on how the bill would impact their way of life. I want to read a little from his briefing, which said, “unlike the provinces, Yukon only has one Member of Parliament. This leads to situations where the input of Northerners is often an afterthought and not taken into account. This is the case with this piece of firearms legislation..”.

I can tell members that there are others. I have another notice on this situation from members of the Yukon Fish and Game Association, who are very concerned that they cannot track down their MP and talk to him about this issue. This is a member who has been around on this issue before. He should be standing up for his constituents. Why is it that the Liberals in the rural ridings, the ones whose constituents depend on having access to firearms for much of their livelihood, are not speaking out?

As my colleague mentioned earlier, we heard about a few of the ridings where there was concern about this, but these Liberals need to speak out. We are getting to the end of the proposed legislation, and it is basically the re-establishment of a semi long-gun registry, where every transaction that takes place at a gun store is going to be recorded for 20 years. The firearm, serial number, the name of the person who bought it, along with their PAL number, will be recorded. That certainly has all the makings and all the components of a firearms registry, and we do not hear anything from the other side.

Another concern is why the Liberals always need to manipulate things on this file. I can go on about this for a long time. I found it very interesting that the public safety minister from Regina has appointed a number of people to the firearms advisory committee who are clearly against firearms in any way, shape, or form. It is interesting that one of them was appointed and ended up being in the vice-chair position. She was a lobbyist. She said she would step down from her lobbying activities. The agreement she signed said that she is not to “engage in lobbying activities or work as a registered lobbyist on behalf of an entity making submissions or representations to the Government of Canada on issues relating to the mandate of this committee”. However, 10 months after signing that, this person submitted a legislative demand to the Government of Canada under the letterhead of that organization, and with her signature on it.

I would go through it if I had more time, but many of the bill's provisions happen to be exactly as she has laid them out. Is she actually doing the government's bidding, or is the government doing the lobbyists' bidding, who have said they are not going to lobby the government and then turn around and do it?

I can give members another example in which the government has felt some sort of necessity to manipulate every piece of data it can on this issue. That is around the issue of statistics. As Mark Twain said, “Facts are stubborn things, but statistics are pliable.” With the Liberal government, that is certainly more true than almost anything else we can say about it.

It was mentioned earlier that 2013 had one of the lowest rates ever for firearms crimes. It is interesting that even CBC recognized that the Liberals are playing games with this situation. It writes, “2013 saw Canada's lowest rate of criminal homicides in 50 years, and the lowest rate of fatal shootings ever recorded by Statistics Canada” and “every year since 1966 has been worse than 2013.” The Liberals use a year in which the stats are lower than they have ever been, and then use that to set their base, and compare it to today. Today is still below the 30-year average, but the Liberals' news releases completely mislead Canadians. When the government has to resort to that kind of manipulation and misinformation, we can see that it is not very comfortable with the legislation that it is bringing in.

The article goes on to say that the “homicide rate in 2018 will be similar to or lower than it was...in 2008...or in 1998”, and well below 1988 and 1978, and similar to what it was in 1968. We certainly did not get that from the Liberal press release we saw.

There are a number of other important issues we need to touch on. A member across the way was speaking tonight about the Assembly of First Nations. I wanted to ask him a question. The AFN has said that it was not consulted before Bill C-71 came forward. The AFN also said that the bill violates first nations treaty rights, and that it is going to launch a constitutional challenge. It is interesting to note that we have heard nothing about that, and there has been no response to it from the government. The Liberals claims to want to work with these communities, but when it comes to their legislation, they are very happy to set these communities aside, and ignore what they have to say about it and just go on.

We have heard comment tonight about Bill C-75 and Bill C-71 playing off each other. Bill C-75 has all kinds of penalties that are basically being written off for serious crimes. For things like terrorism, we are reducing the charges. Imagine there being a summary conviction for terrorism activity. The punishment for genocide is being reduced in Bill C-75. The penalties for organized criminal activity, municipal corruption, and so on are being reduced in Bill C-75, and Bill C-71 is making the lives of honest gun owners even more complicated and bureaucratic than ever. Why is the government doing that? Why are the Liberals ganging up on Canadian citizens, while they are happy to leave all of these other gangs to go through life the way they want?

There is another issue around mental health. We heard a member earlier tonight talk about how proud she was of her amendment. I am sure she had good intentions when she put it forward, but we are not just criminalizing activity anymore; we are criminalizing possible intent. She mentioned that CFOs will make the distinctions. How are the CFOs going to decide if someone is suicidal or not? What CFO wants to take on the responsibility for the entire province in trying to find every person with a mental health issue? It was pointed out earlier that there are police and veterans who have PTSD who want some help for their mental health issues. Are they going to come forward? Why would they do that with a bill like this when those kinds of things come into play in their lives and in their careers, and with a tool they use every day in their occupation?

We can be very proud of the record we have. We brought in a number of pieces of legislation, which have been criticized tonight. In terms of youth violence, we brought in the youth justice fund. The guns, gangs, and drugs component of the youth justice fund was launched to focus on the rehabilitation of youth. We created the youth gang prevention fund. We are very proud of that. We supported a national crime prevention strategy, and there is the northern and aboriginal crime prevention fund. We passed bills that dealt with organized crime and the protection of the justice system. We were always trying to protect the victims, while making sure criminals were the ones who paid the price for their crimes.

This bill is a long way from that. Why an entire bill that is supposed to deal with gun violence and gangs does not mention either of those things, and targets normal, law-abiding citizens, I will never understand.

[Martin Shields, Conservative, Bow River, AB]

Mr. Speaker, it has been a very interesting evening and an interesting debate, with a lot of information and emotion. I get to follow the last three, and they are tough to follow. Many of the things I might say will be related to things that have already been said, such as gang violence, illegal guns, illegal handguns, the penalties for those people who use those illegal weapons, and the consequences that follow.

I have heard from a lot of my constituents on this. There are a lot of unhappy constituents. I just heard a member across the aisle say that it is a registry, but I heard several members across the floor tonight saying it is not a registry. It was really nice to hear a member stand up and say it is a registry, but all the previous ones stood up and said it is not a registry. This bill targets law-abiding firearms owners in my riding. It does not actually prevent the crimes. They use firearms in legitimate and lawful ways. They use them to hunt, to work, and for sport shooting. Firearms are a big part of their rural life.

I remember a few years ago when I was the principal of a high school, there were issues about guns and gun violence with youth. I happened to be in a regional meeting of principals talking about guns and other issues, and I said there would be guns in vehicles in the parking lot of my school. There were other principals from urban areas who were astounded that I would admit there were guns in vehicles in my parking lot. I said, “You bet there are.” Those are farm trucks. Those are ranching vehicles. Those guns are tools. Those students know how to use those tools. They are trained how to use them, and they are there as a tool in their vehicle. They drive the vehicle to school and they drive it home. They may use that gun as a tool on the way to school or on the way home. It is part of rural life. They are responsible for those firearms. They do not like being targeted every time a Liberal government says that we need to have a registry or more gun control.

The opposition to this bill is not just in my riding. It is across Canada. E-petition 1608 which calls on the government to scrap this law had over 80,000 signatures the last time I checked. That is the second largest e-petition in history. I do not know why that number does not give the government pause. Regardless, I am happy to have the opportunity to convey some of my constituents' concerns about the bill.

The largest source of disappointment is it has nothing to do with gang violence, illegal handguns, and crime in rural areas. My constituents say they hear about the gang violence, the shootings in cities, and they experience rural crime, but where in the legislation does it do anything about that, other than make them do more red tape as legal gun owners?

There are a lot of obvious points about the bill, but criminals are generally not using legal firearms. What is driving gun violence is gangs and illegal handguns. The illegal use of handguns will not be impacted by this legislation. Only those who already follow the law will. Criminals do not register illegal weapons nor do those who have the number filed off those weapons.

Let me move to some obvious points suggesting this legislation is poorly designed. Given that we are at report stage of the legislation, it is worth looking at some of the testimony my colleagues heard in committee. They heard from Solomon Friedman, a criminal defence lawyer in Ottawa and expert in firearms. He had some interesting testimony. We all heard the Minister of Public Safety suggest the legislation is intended to combat increasing gun violence from 2013. Mr. Friedman noted, as some of my colleagues have already said, that the year 2013 as a starting point for the reported trend was not chosen at random. As we know, 2013 was a statistical aberration in terms of violent crime and homicide in Canada. The year 2013 saw the lowest rate of criminal homicide in Canada in 50 years. If we start at a point that was the lowest, the only place it probably will go is slightly up. It looks like the Liberal government has used statistics to justify targeting law-abiding firearm owners. This is a disappointing choice.

My colleagues at the public safety and national security committee also heard from Mr. Gary Mauser. He noted that 121 of the 141 firearms-related homicides that the minister cited were directly related to gangs in cities. Where in the legislation does it deal with gangs that are working with illegal handguns? It is not there.

We know what the real issues are out there. We agree that the safety of Canadians should be our priority. However, the government seems intent on distorting the evidence to suit its particular narrative. I think many of my colleagues have pointed out why it is doing this. The Liberals are pretending the legislation will do something to combat crime, but all it does is place more regulations on law-abiding firearms owners.

At the same time, the government has introduced Bill C-75, which makes all kinds of serious crimes punishable with a mere fine. That for rural crime is a real challenge. We have many people in western Canada, in Alberta, Saskatchewan, and Manitoba, where rural crime rates have increased in the last two or three years. People are using guns and violence, robbing properties, and are being slapped with fines. They will be right back on those properties. It should be the reverse. If people are using guns in crimes, there should be more severe penalties. This is not how we stop gun use in crimes by letting people off with fines.

The witness testimony I noted undermines a lot of rationale for this legislation. It supports what I have heard from so many law-abiding constituents, who use their firearms for sport, work, or hunting. They are not happy that the word '“gangs” never appears in this bill. “Illegal handguns” does not appear there. However, they are even more unhappy to see the word '“registrar” in the legislation. In fact, it looks like the words “registrar” or “reference number” are used 28 times. It is a registry. As the last member from across the aisle admitted, it is a registry.

It seems pretty clear that Bill C-71 would make it mandatory to register firearms and provide reference numbers. That information would be logged by a business and then passed onto the government. The government has been insistent that this is not a new gun registry.

Law-abiding gun owners will follow the law. They will do this because they are law-abiding gun owners. They will go through more red tape because they re law-abiding Canadian citizens. That is all it is doing is providing more red tape for those people.

I was happy at first to see that the Liberals supported one of our amendments, the one that stated “For greater certainty, nothing in this act shall be construed so as to permit or require the registration of non-restricted firearms.” I expected they would back up their support for this amendment by actually taking action. I assumed they would then support changes that removed the elements of the legislation that essentially created a new registry. However, they did no such thing.

It makes sense that the government does not want to remind Canadians of the wasteful $2 billion gun registry we dealt with before, but we do not know the cost of what they will do with this one. There will be a lot of bureaucracy, but there is no cost assigned to this. It is going to cost money, possibly a lot.

As I said, we want concrete measures that keep Canadians safe. I know the members opposite do not have bad intentions in supporting this legislation. However, they should understand that the bill would do nothing to fight the criminal elements that are behind gun violence. They should be focused on that. Instead they try to criminalize law-abiding citizens. I know there are members who are from rural communities and have misgivings about this legislation. Again, does this stop gun violence? Does this stop the illegal use of handguns? We need handguns to be out of the hands of criminals.

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

My colleagues opposite just heckled me with “Annie Oakley”. That shows how they do not understand the community, the sport, or the respect for firearms. I tabled a petition in the House asking for the members of the committee that is supposed to inform the government, the subject matter experts on this, to at least have the licence that I have, that I understand how to use, but they refused. Why? Because this is all about ideology, not about keeping Canadians safe. The government does not give two hoots about keeping Canadians safe. The Liberals care about the politics of the Prime Minister's ego because that is what is keeping them in office. That is what Canadians rejected in Chicoutimi tonight, by the way. They care about changing the channel, but regardless of political stripe, Canadians are standing up and saying this makes no sense. If we want to keep Canadians safe from firearms, then deal with the people who are illegally bringing it in and using it illegally in gang violence.

The RCMP should have an oversight with regard to firearms reclassification. People who are on the committee advising the government on this should understand the basics of requiring a licence. If the government really cares about keeping Canadians safe, it should not be watering down sentences for major crimes in the omnibus justice bill, Bill C-75. The bill does nothing to protect Canadians. All it does is vilify people who play by the rules. On this side of the aisle, we stand up for law-abiding Canadians and we will keep Canadians safe.

National Security Act, 2017

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

Mr. Speaker, I rise today to speak to Bill C-59. As we know, it is the government's national security legislation. After months of debate, hearing from many witnesses, and reading expert briefs with respect to the bill, it is light on actions that will actually improve public safety and national security. I believe that Canada would be weaker because of this legislation, which hampers our agencies, cuts funding to intelligence and national security, and is more concerned about looking over the shoulder of those protecting us than watching those who seek to harm us. Let us be clear on this point. National security and intelligence officers and public servants are not a threat to public safety or privacy. They show dedication to protecting us and our country in a professional manner. However, Bill C-59 is more concerned with what someone might do in an effort to protect others than what criminals, extremists, and others might do to harm us.

In a world with growing international threats, instability, trade aggression, state-sponsored corporate cyber-espionage, and rising crime rates, Canada is weaker with the current Prime Minister and the Liberals in power. As I have said in the House before, public safety and national security should be the top priority of government and should be above politics so that the safety and security of Canadians are put ahead of political fortunes. This bill on national security fails to live up to its title.

Looking at the body of the Liberals' work, we see a continuous erosion of Canada's safety and security. Bill C-71, the recent gun legislation, ignores criminals who commit gun crimes. Bill C-75 softens sentences and rehabilitation for terrorists and violent crimes. The legalization of drugs is being done in a way that all but assures that organized crime will benefit and Canadians are put at risk.

As world hostility and hatred grows, we need stronger support for our way of life, not the erosion of it. That means empowering front-line national security and intelligence workers, stronger border protections, a better transfer of information between policing and security bodies, plus assured prosecution of criminals and threats to Canada. We need to be looking proactively at emerging technologies rather than reactively trying to put the genie back in the bottle, as we have done with cybersecurity.

What was the intent with this bill? Canadians and parliamentarians alike can tell a lot from the language used by the minister and the people who the Liberal majority called to testify. The bill was positioned by the Liberals as protecting Canadians from the public servants who work to protect Canada and our interests, and the majority of witnesses heard at committee were law professors, civil liberties groups, and privacy organizations. While they have important and valid views, they shared essentially one point: be scared of public servants. It is funny that after the many times the Prime Minister has used public servants as a political shield, stating that he “always trusts and respects them”, they are apparently more scary than threats of cyber-attacks from Chinese state-controlled hackers, ISIS extremists, white supremacists, and organized crime.

There is not much in this bill for security forces to do their work. With the Liberals' plan, there will now be four oversight bodies looking over the shoulder of our intelligence and security forces: first, a new parliamentary committee on security and intelligence oversight; second, the new national security and intelligence review agency; third, the expanded intelligence commissioner; and, finally, the existing oversights of Parliament and executive branches like the minister, the Prime Minister, and the national security advisor.

The Conservatives offered positive amendments. We asked the minister to tell us how these groups would work together to make it clear to Parliament, senior government officials, and those affected. This was turned down by the Liberals without any reason. It would seem reasonable that the minister would be happy to provide clarity to Canadians, and to those who need to work with the various boards, agencies, committees, and advisers, on how it will all work together. We also recommended that, as this new central intelligence and security agency would see information from a variety of departments and agencies, they play a role in identifying threats and providing a clear picture on the state of national security. The Liberals on the committee for some reason would prefer that the agency focus on only complaints and micromanaging our security professionals. If their goal had been to improve public safety, this suggestion would have been taken more seriously.

When we heard from security experts, they raised valid concerns. Dick Fadden, the former CSIS director, noted that the bill would send a message to security teams to be more restrictive with the information that they share. He said:

I haven't counted, but the number of times that the words “protection of privacy” are mentioned in this bill is really quite astounding. I'm as much in favour of privacy as everybody else, but I sometimes wonder whether we're placing so much emphasis on it that it's going to scare some people out of dealing with information relating to national security.

Information sharing between national security teams is essential to protecting Canadians and Canada. In fact, several inquiries, including one of the worst terrorism attacks in Canadian history, the Air India bombing, determined that information sharing was critical to stopping attacks.

Mr. Fadden stated that his worst nightmare scenario was an attack on Canada that was preventable; that being that information was withheld by one agency from other agencies. With Bill C-59, we would move toward more silos, less intelligence sharing, and more threats to Canadians. In his words, security professionals would have a clear message from the many repeated insertions of privacy and charter references, and, as he put it, to share less information lest they run afoul of their political masters.

The Conservatives offered a mild amendment that public servants be required to share information they thought was a threat to Canada with national security agencies. This was so all federal employees would have no fear of reprisal for sharing valid concerns with relevant authorities, like the new security review agency. This was turned down, again reaffirming that the Liberals on the committee were not focused on improving public safety and protecting Canadians.

Retired General Michael Day pointed out that there was nothing in the bill or in the government's policies to deal with emerging threats, real dangers today and tomorrow to our economic prosperity and our societal values. When he was asked by the Liberal MP from Mississauga—Lakeshore, “on the questions of artificial intelligence and potentially also quantum computing, how confident are you that Bill C-59,...is a flexible enough framework to address unknown unknowns that may come at us through the cyber domain in those two areas”, General Day replied, “Zero confidence”.

There continues to be clear threats, but dealing with current and emerging threats were not the focus of the government with this bill. We have already missed the emergence of cybersecurity threats and are playing catch-up at a cost of billions of dollars in government spending, lost economic opportunities through stolen commercial secrets, and personal losses through cybercrime. We have not looked forward at the next problem, so we are heading down the same path all over again.

We heard from Professor Leuprecht, a national security expert who teaches at the Royal Military College. He raised a number of concerns. The first was that the increased regulation and administrative work needed to report to new oversight groups would effectively be a cut to those agencies, shifting money away from protecting Canadians. We did find out eventually how much that cost would be. Nearly $100 million would be cut from national security in favour of red tape. Sadly, we only received this information a few weeks after the committee finished with the bill. The minister had knowingly withheld that information from my request for over six months. Once again, a lot of lip service to open and transparent government but very little actual transparency.

Dick Fadden, Professor Leuprecht, and Ray Boisvert, a former assistant director of CSIS and security expert with the Government of Ontario, also raised concerns of the overt hostility of China against Canada. When I asked him about our readiness for dealing with China's aggressions, he said:

I think that the answer is no. I don't think that we're oblivious to the threat...

I would argue that we do not really understand, in all of its complexity, how much China is different from Canada and how it aggressively uses all of the resources of the state against not just Canada but against any number of other countries in pursuit of its objectives.

At one meeting they noted that Chinese agents freely intimidated and threatened Canadians of Chinese descent, pushing them to support communist party initiatives. They or their families back in China could face the backlash of a highly oppressive regime and there was nothing that Canada did to protect them from such threats. China continues this trend, recently ordering Air Canada to call Taiwan part of China.

Mr. Boisvert said:

There's also the issue that China is now in the age of self-admitted “sharp power”, and they exercise that power with very little reservation anymore. There's no longer even a question of hiding their intentions. They are taking a very aggressive approach around resources and intellectual property, and they also are very clear in dealing with dissidents and academics. They've arrested some of them, and they punish others, including academic institutions in North America, at their will, so I think there's a value challenge that Canadians have to consider along with the economic opportunities discussion. The Cold War is over, but a new version is rapidly emerging, and I think our focus on counterterrorism is not always our best play.

We did not have the right people, the right information, and the right issues at committee to have a comprehensive law that would enhance national security. It appears that yet again the Liberals are bringing out legislation to deal with perceived threats at the expense of not dealing with actual threats.

If Canadians were being well served by the government, we would have dealt with serious questions ignored by the Liberals in this legislative process.

Canada has at least 60 returned ISIS terrorists in Canada. That number is likely low, as we have heard that as many as 180 or more Canadians have left our country to fight for ISIS. After the Liberals revoked Canada's ability to strip citizenship from such a heinous and despicable group as ISIS, Canada is now stuck simply welcoming them back with no repercussions and acting like nothing has gone wrong. We will likely never be able to prosecute them or extradite them because we cannot easily transfer intelligence; that is information gathered in other countries of these murders and rapists into evidence suitable for prosecutions in this country.

Canada needs to join the ranks of other modern countries in bringing known crimes conducted by Canadians abroad into our courts without compromising security agents and intelligence sharing agreements. We need to deal with the obvious intelligence to evidence gap that continues to exist in this legislation. This legislation has failed to do this, with Liberal MPs voting against Conservative amendments that tried to address this exact issue.

If we were serious about dealing with national security, we would have treated privacy and security as a single policy, not the competing interests that many civil groups suggested. Protecting Canadians includes protecting their privacy in addition to their economic opportunities, public safety, national security, and social values. These are a single policy, and for the most part those professionals who protect us know this.

Professor Leuprecht said:

We are not here because there's in any way some large-scale violation of the professionalism or the capabilities in which the community does its job....In the Five Eyes community, we have, by far, the most restrictive privacy regime. This is a choice that we have made as Canadians...other countries that have more rigorous parliamentary and other review mechanisms than Canada have also given their community more latitude in terms of how it can act, what it can do, and how it can do it.

Retired Lieutenant-General Michael Day stated:

...the trade-off between privacy and security, between the charter and the reasonable measures to protect Canadians. This is not, from my perspective obviously, a binary issue, or one that should be looked at as absolutes, but rather a dynamic relationship that should remain constantly under review. We should embrace that tension as opposed to pretending it doesn't exist, with a conversation being seen to have value in and of itself.

This is crystal clear when we look at the growing issue of cybercrime, such as identity theft, fraud, corporate espionage, and hacking. Privacy and other interests, social and financial, are one, and yet throughout this legislative process the Liberals presented this bill as a choice between one and the other.

The bill ignores the massive shift in issues with Canada's border security. Canada lacks the assets, people, and facilities to deal with the current threat to our borders. We know that an open border, which is internationally known as unprotected, is currently being exploited. It is being exploited not only by those who are shopping for a new home, but by human traffickers, smugglers, drug cartels, and other organized crime rings. While this issue is new, it is real and needs to be managed better than just hoping everything will sort itself out.

If we were serious about national security, we would be dealing more seriously with Canada's most important law enforcement agency, the RCMP. Beyond a glaring gap in personnel, failing equipment, and an increased lack of faith in its leadership, the RCMP is headed toward a crisis level of challenges: a growing opioid crisis; legalized marijuana; influx of ISIS terrorists; open borders without a plan to manage illegal border crossers; and increasing cybercrime, just to name a few. The RCMP is overwhelmed, while the Liberals present false information and sidestep questions on what to do.

The Liberals may have called this a national security law, but it is more like a regulatory bill. It would erode rather than help public safety. It deals with security from the federal government's perspective rather than from protecting Canadians first and foremost.

Justice

[Pam Goldsmith-Jones, Liberal, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I am very pleased to rise on the serious matter of judicial appointments. Since elected, our government has taken significant steps to ensure that the process for appointing judges is transparent and accountable to Canadians and promotes greater diversity on the bench. At the same time, we recognize the challenges courts face with respect to court delays, which have come under heightened scrutiny since the Supreme Court of Canada's Jordan decision.

We have demonstrated that we are committed to responding to these challenges by introducing Bill C-75. This bill promises substantive reform that will fundamentally address delays, and modernize our justice system.

Let me assure the member opposite that the minister is very mindful of the effect judicial vacancies can have on the effective operation of a court. The minister is absolutely committed to ensuring that the most meritorious candidates are appointed to the bench to meet the needs of all Canadians.

Since elected, our government has appointed or elevated 183 judges to superior courts across the country, including five in Saskatchewan, and today, the diversity of our appointments is unprecedented. Under our government, 57% of appointed or elevated judges are women, compared to just 32% under the previous government.

Our government is committed to continuing to strengthen our judiciary. Budget 2017 created funding for 28 new federally appointed judges. Using this funding, the minister has appointed judges to new judicial positions in Alberta, Ontario, Quebec, and Newfoundland and Labrador, with more such appointments to come.

Through budget 2018, we are creating 46 new judicial positions, including a judge for the Saskatchewan Court of Appeal. This new position would respond directly and positively to a request from Saskatchewan. This additional judge would assist that court, the highest court in the province, to address a growing number of civil and criminal appeals as well as increasingly complex matters. The amendment to add this position to the Saskatchewan Court of Appeal is currently before Parliament in Bill C-74.

Fundamental to the judicial appointments process are the judicial advisory committees. They evaluate the applications of those who have put their names forward for judicial appointment and provide lists of highly recommended candidates to the Minister of Justice. As a result of the changes we introduced, the JACs are now more balanced and inclusive. We also made changes to help achieve a more representative bench, with a broader diversity of backgrounds and experience, allowing candidates to speak to their own understanding and experience of Canada's diverse makeup. We also increased our ability to validate candidates' bilingual capacity.

National Security Act, 2017

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, I would like to begin my speech this evening by talking about public safety and national security matters.

Whenever I stand up in this place, on whatever we are talking about, I always like to think about whether this is the job of the federal government. Typically, in broad sweeps, I can rarely get past the end of one hand when it comes to things the federal government should be dealing with. I usually think of things like border security, the justice system, and the military as things that definitely the federal government should be taking care of.

The issue we are dealing with tonight is one of those issues the federal government definitely needs to take care of. It is definitely something that is timely. Folks from where I come from, in Peace River—Westlock, in northern Alberta, often mention this to me when I am driving around meeting with folks. They are concerned about national security. They are concerned about terrorism issues. It is one of the top 10 things people talk to me about. Therefore, I think this is a timely debate.

I would hearken back to some of the speeches we heard earlier this evening. September 11 was a significant turning point in western civilization. I think every one of us in this place remembers that day. I remember listening to the news on 630 CHED in Alberta. My alarm clock had gone off, and I was listening to the news, when the normal broadcast was interrupted to tell us that the twin towers had been run into by an airplane. I remember that day well, as I am sure everyone in this place does. Since that day, the entire western world has had to look at how we defend our national security. Before that point, we were looking at our national security from the perspective of nation states. However, this brought a whole new protocol. We needed new laws. Frankly, I think we are still learning all of that.

I do not think the Liberals have necessarily taken serious consideration of public safety and national security in this bill. They basically looked at what we did when we were in government. They thought that the Conservatives were aggressive on this and took the bull by the horns, and they would just turn it back a notch. It does not seem to me that they are giving it adequate weight by saying that they just have to change a bunch of things in Bill C-51. The Liberals heard over and over again that Bill C-51 was bad, and they would just turn it back. That does not seem to me to be grappling with the issues we need to deal with.

Public safety and national security is hard work. We need to create a culture in Canada so that people feel safe. That is what I hear over and over again in my riding. They do not feel that the government is creating a culture in Canada where people feel safe. For example, advocating or promoting terrorism is something that has been touched on in this debate. We need to talk about that in terms of what it means when it comes to Bill C-75, which is another bill that will be debated tonight. I believe that in that particular bill, advocating or promoting terrorism, even if one is found guilty of it, would be downgraded as well.

When we look at the bill before us, I am disappointed that the Liberals have not grabbed the bull by the horns. Bill C-51 came out a number of years back, and the landscape has changed since then. I was looking forward to having a robust debate on this issue. I know that it was something in the Liberal campaign and something I was challenged on over and over again. I knew that after the election, Bill C-51 would be up for debate, and I was looking forward to having that debate on some substantive changes that could improve it.

I think we got it right with Bill C-51, but every piece of legislation is open to improvement and I was happy to come here to debate this. I do not think Bill C-59 improves on Bill C-51 at all. In fact, all it seems to do is to just turn everything back a few notches, which does not seem to make an effect. It is the exact same philosophy that we are seeing with Bill C-75. The Liberals say we have backlogs in the justice system, rather than their addressing some of the underlying causes and doing the hard work of digging into it. They say, turn the dial back a little, lower the thresholds, push people out of the system more easily rather than dealing with the actual justice system.

When I do surveys in my riding, people do not think the Liberals are taking our national security seriously. People do not think they are securing our borders properly. All of this plays into the world view of the Liberals.

Whenever I am discussing national security or justice issues, I say that people have the ability to do evil. That is a fact of life and we need to have a justice system that recognizes that. Most people lock their doors at night. Why? Because people are capable of evil. That is the truth. It would be great if we all could leave our doors open and nothing ever went missing. It would be great if we could all give up our firearms and everyone would be safe, but that is not the reality. That is the underlying philosophy that is lacking on the Liberal side. They are not convinced that people are capable of evil and they think that the justice system is being mean to people and that if we just hug the thug, so to speak, everything would be better.

There is a philosophy in this bill that if we just turn down the justice element, if we trusted people a little more, this country would be a safer place. That is definitely not the case. We need to ensure that our police officers and our intelligence community have the resources and tools they need to ensure that Canada is a safe place.

My riding is a long way from the border, and I cannot say that the border crossing issue has directly affected my riding, but it is amazing how many times people in my riding have asked, when is the government is going to do something about the border crossings? Why are the Liberals jeopardizing our public safety? We are seeing that here, as well with the terrorism issue.

One of the things people in my riding are concerned about is the growing threat of terrorism in the world. In this regard, in the bill we see that for advocating and promoting terrorism, the threshold is being lowered, and that in Bill C-75 the sentencing is being lowered. It is being taken from an indictable offence to a summary offence. The Liberals need to do the hard work that it takes to make sure that we have a national security regime that people in Canada trust. That is an important point that I wanted to make here tonight. Whatever the Liberals are doing, people need to have trust in that system that their safety is being upheld, that Canada will remain the safe place it has been in years past, and that people can sleep safely in their beds.

With that, I look forward to any questions that people may have.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will continue with the report stage debate on Bill C-69, the environmental assessment act.

Following this, we will turn to Bill C-75, the justice modernization act, and Bill C-59, the national security act.

If time permits, we shall start debate at report stage of Bill C-68, the fisheries act, and Bill C-64 on derelict vessels.

Tomorrow morning, we will begin third reading of Bill C-47 on the Arms Trade Treaty. Next Monday, Tuesday, and Thursday are allotted days. Also, pursuant to the Standing Orders, we will be voting on the main estimates Thursday evening.

Next week, priority will be given to the following bills: Bill C-21, an act to amend the Customs Act; Bill C-59, an act respecting national security matters; Bill C-64, the wrecked, abandoned or hazardous vessels act; Bill C-68 on fisheries; and Bill C-69 on environmental assessments.

We also know, however, that the other place should soon be voting on Bill C-45, the cannabis act. If a message is received notifying us of amendments, that will be given priority.

Justice

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, the Prime Minister is attempting to reduce penalties for many serious crimes in Canada. His proposed changes are part of Bill C-75, which contains more than 300 pages of sweeping changes to the Criminal Code. I am concerned about the number of very serious offences that would now be eligible for much lighter sentences, or even simply fines. These offences include acts related to terrorism; assault; impaired driving; arson; human trafficking; and infanticide, the killing of infants. These lower sentences send the wrong messages to criminals, victims, law-abiding Canadians, and society.

When virtue takes a back seat to lawlessness, Canadians rely on a strong justice system. Deterrents are necessary. It is a cause for concern that our Prime Minister is changing our Canada from a nation of virtue to one of virtue signalling.

Conservatives will continue to stand up to the creeping changes attacking our social and justice systems. We will continue to place the rights of victims ahead of the offenders.

Bill C-59—Time Allocation Motion

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, from the 41st Parliament, we have reams of quotes from Liberals regarding the use of time allocation by the then Conservative government. The quotes we have from the member for Winnipeg North would fill several pages.

What we have seen over the last couple of weeks is the government's use of time allocation and using the bare minimum, allocating five hours for debate on this legislation, on Bill C-69, which was done just before this, on Bill C-75, and on Bill C-76. The list goes on.

I have a simple question for the Minister of Public Safety. Given his party's record when it was the third party in the 41st Parliament, does he not feel the slightest bit of shame and contrition over the complete reversal of his position, now that he occupies that side of the House?

Justice

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, the Minister of Justice claims that Bill C-75 has nothing to do with sentencing. Bill C-75 makes serious indictable offences prosecutable by way of summary conviction. Therefore, instead of a sentence of up to 10 years if prosecuted by way of summary conviction, the maximum sentence would be two years less a day or as little as a mere fine. That is right. Under Bill C-75, a maximum sentence could go from 10 years to two years less a day.

Contrary to the minister's claims, Bill C-75 has everything to do with sentencing and everything to do with watering down sentences for the most serious of offences.

Bill C-75 is a terrible bill for victims, it is a terrible bill for public safety, and it is why Conservatives will work to defeat Bill C-75.

Instruction to Committee on Bill C-71

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

Mr. Speaker, the hon. member from the other side gets up and misleads this House about what is in this legislation. Can she point to any part of Bill C-75 that would allow people to get off those particular types of offences? If she can show it, which she cannot, I will vote against it.