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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 19, 2019 Passed Motion respecting Senate amendments to Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
June 19, 2019 Passed Motion for closure
Dec. 3, 2018 Passed 3rd reading and adoption of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
Nov. 20, 2018 Passed Concurrence at report stage of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
Nov. 20, 2018 Failed Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (report stage amendment)
Nov. 20, 2018 Passed Time allocation for Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
June 11, 2018 Passed 2nd reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
June 11, 2018 Failed 2nd reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (reasoned amendment)
June 11, 2018 Failed 2nd reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (subamendment)
May 29, 2018 Passed Time allocation for Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

June 5th, 2018 / 3:30 p.m.
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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Thank you, Mr. Chair.

Thank you as usual to the members of the committee. I certainly appreciate the opportunity to be here before you to give some brief remarks, and then I will look to answer some questions.

As you indicated, I'm joined by Nathalie Drouin, deputy minister of justice and deputy attorney general of Canada; Johanne Bernard, assistant deputy minister, management sector, and chief financial officer; and Carole Morency. Joining us as well are François Daigle, associate deputy minister; and Elizabeth Hendy, director general, programs branch. I'm also joined by representatives of a number of the independent agencies and organizations that fall within my portfolio.

I would like to discuss how the Department of Justice intends to use the funds granted through the 2018-19 main estimates to promote and maintain a fair, transparent, and accessible justice system while providing high-quality legal services to the federal government. These include a wide range of legal advisory litigation and legislative services to government departments and agencies.

The Department of Justice has a total budgetary authority of $697.75 million through the 2018-19 main estimates, an increase of $42 million from the previous fiscal year. This additional funding is for major priorities, including federal support to the family justice system, immigration and refugee legal aid, and the indigenous justice program, among others.

Much of this year's authority will support the stewardship of the Canadian legal framework by directing funding to the provinces and territories with whom we share responsibility to administer justice.

The funding will help maintain and support a bilingual and bijural national legal framework. Funding through the main estimates will also support the department's ability to transform and modernize the justice system in keeping with the values of Canadians while protecting and maintaining the rights enshrined in the Constitution and in the Charter of Rights and Freedoms.

Our review of the criminal justice system is ongoing. It is intended to ensure that our criminal laws protect Canadians, hold offenders to account, meet the highest standards of fairness and equity, respect the charter, and demonstrate the utmost compassion to victims. These efforts will help strengthen public confidence in the justice system and judicial institutions. Our review, along with results of other consultations and government priorities, is already informing initiatives and reforms that we are introducing to modernize the criminal justice system.

In March, I introduced Bill C-75 to help reduce court delays and to address the overrepresentation of indigenous peoples and vulnerable populations as both victims and accused in the criminal justice system. We anticipate the bill will come to this committee shortly.

In Bill C-75 we are proposing amendments to the bail regime and to how breaches of administration of justice offences are handled. In particular, these changes will help eliminate the unnecessary detention of individuals pending trial, will help eliminate unnecessary bail conditions, and will ensure that fewer people are needlessly charged and convicted of minor administrative offences that do not impact public safety.

These measures will have a particularly positive impact on indigenous and marginalized Canadians who are disproportionately represented in our remand population, and who are disproportionately charged and convicted of administration of justice offences.

We are encouraging the selection of juries that better reflect the diversity of our communities, and we are bringing in stronger measures to address the problem of intimate partner violence. We are also proposing measures that will avoid re-traumatizing victims by reducing the number of inquiries and issues for which they have to testify.

In addition, Bill C-75 will reclassify many offences in the Criminal Code to give our prosecutors the discretion they need to choose the most efficient and appropriate procedure.

Our government has also launched measures to better support indigenous people and vulnerable persons as they navigate the criminal justice system. We continue to fund the indigenous court work program with $9.5 million annually. Integrating indigenous culture, language, and traditions, these court workers provide direct services before, during, and after court. They also provide courts with crucial information to guide sentencing and bail decisions while connecting victims, witnesses, and family members to culturally safe assistance. In 2016-17, over 75,000 indigenous men, women, and young people in over 435 communities received these services.

We have stabilized funding to the indigenous justice program, with over $11 million per year ongoing, to increase the use of restorative justice and reduce the rate of indigenous incarceration.

Since 2015-16, we have continually increased our funding to the department's legal aid program to fund provincial and territorial criminal legal aid programs. This helps economically disadvantaged persons at risk of incarceration, and youth facing prosecution under the Youth Criminal Justice Act.

The department's youth justice fund supports projects with alternatives to incarceration, and encourages a more effective youth justice system. That includes just over $6.5 million towards 16 multi-year projects that focus on culturally relevant programming for indigenous youth in the criminal justice system.

We have also increased funding to immigration and refugee legal aid by over $14 million, with an additional $3 million in contribution funding for legal aid systems and access to justice services.

Mr. Chair, our government is committed to ensuring that victims of sexual assault and gender-based violence are treated with the utmost respect and dignity. The Department of Justice victims fund provides $27.4 million in grants and contributions, supporting 476 projects across Canada. This funding supports research, innovative pilot projects, and front-line services for victims and survivors of crime across Canada.

In 2017-18, more than 100 victims of human trafficking received case management and related services, and more than 450 women and girls at risk received information about services and assistance.

In budget 2017, our government introduced its gender-based violence strategy and over $100 million over five years. Budget 2018 contributed an additional $86 million over five years, and $20 million annually thereafter, to expand on the strategy, with my department as a key contributor.

Budget 2018 proposed $50.4 million over five years to address sexual harassment in the workplace, $25.4 million for boosting legal support funding across the country to support legal action by victims, and $25 million for outreach.

We have continued our efforts to promote and maintain a more diverse judiciary. Since 2015, I have made 179 appointments and elevations. Of these appointees, over half are women, eight are indigenous, 15 are visible minorities, 11 identify as LGBTQ2, and three are persons with a disability. We continue to fund the necessary training for a more culturally sensitive and responsive bench, as well.

Finally, last month I introduced Bill C-78, the first changes to the Divorce Act in more than 20 years. The proposed reforms will ensure that our family law system is focused on the best interest of the child, better supports the safety and well-being of individuals and families, and is more efficient.

Our commitment to improving family justice includes budget 2018 funding of $77.2 million over four years and a further $20.8 million ongoing to expand the unified family courts across the country. This measure will create 39 new judicial positions across a number of provinces, while enhancing access to justice and improving outcomes for families and individuals.

Again, Mr. Chair, I would certainly like to thank the members of this committee for their ongoing work, and I look forward to our discussions today.

JusticeStatements By Members

June 5th, 2018 / 1:55 p.m.
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Conservative

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-71Routine Proceedings

June 4th, 2018 / 11:40 p.m.
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Liberal

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.

Instruction to Committee on Bill C-71Routine Proceedings

June 4th, 2018 / 11:35 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, a portion of Bill C-75 is well done, the part of the bill that would go after those who would sexually assault another person. It would protect women and the vulnerable, which is a good part of Bill C-75. However, the bill has many other parts that would allow people who participate in terrorist activities to go free. It would allow people who participate in forced marriage to go free. It would allow people who participate in or promote genocide to go free. It would allow people who participate in infanticide to go free. By “free”, I do not mean that they would walk out the door, though that is possible under the way Bill C-75 is structured. I am talking about significantly reduced sentencing, and that is basically free.

Instruction to Committee on Bill C-71Routine Proceedings

June 4th, 2018 / 11:25 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I strongly support the motion that is on the floor, which is to have the Standing Committee on Public Safety travel as part of its consideration of Bill C-71. This legislation is deeply flawed, and therefore it would serve the committee very well to travel across the country to talk to everyday Canadians. The government claims that this legislation is in the interest of public safety, but the reality is quite different. I would like to outline that for the House.

This legislation would create a bunch of useless red tape that will not make Canadians safer. In fact, this bill shows classic Liberal logic. The current government is saying that it wants to keep Canadians safe and prevent gun violence, but this legislation would do absolutely nothing to accomplish this end. Instead, it would target or go after firearms owners who have already gone through extensive background checks and safety courses in order to possess their guns and use them lawfully.

In addition, it would create the failed long-gun registry that cost Canadians $1 billion, and then was scrapped because it was so wasteful and ineffective. Bill C-71 would force retailers to keep transaction records for 20 years on every single person who buys a gun. This would increase the cost that would then be passed on to the consumer, not to mention that it would also make a great shopping list for criminals, should they get a hold of that list and then acquire those firearms based on where they are.

Furthermore, this legislation would remove the ability of licensed firearms owners to transport their registered firearms between their houses and a gunsmith or a trade show, even though they are allowed to transport their guns between their houses and gun ranges. In addition, the legislation would unfairly turn thousands of Canadians into criminals overnight by reclassifying their non-restricted or restricted firearms as prohibited altogether. I am talking about firearms that have been legally imported and sold in Canada for the last 12 years.

There is not a single one of these measures I have listed that would take guns out of the hands of criminals. At the end of the day, criminals do not purchase their guns by going down to Canadian Tire or Cabela's; instead, they get them off the street through illegal means. Through Bill C-71, the government is simply painting law-abiding gun owners—we are talking about farmers, hunters, and sports shooters—as if they are all evil and deserve punishment.

The Liberals' firearms legislation would do nothing to improve the safety of Canadians. There are no concrete measures to combat gang violence or to address the catastrophic increase in rural crime in Canada. Bill C-71 is a flawed bill that would crack down on law-abiding firearms owners and would do nothing to punish criminals who illegally use firearms to commit crimes. This legislation would create a backdoor long-gun registry, requiring an electronic record of the sale of every firearm in Canada. Furthermore, this legislation would remove the ability of licensed firearms owners from transporting restricted firearms to a gunsmith or trade show.

Instead of treating hunters, farmers, and sports shooters as criminals, the Liberals should be focusing their energy on the real criminals, those who actually commit crimes and use their guns illegally. This would be a common-sense approach and the right approach, but the Liberals are not interested in making a positive difference. Instead, they are simply interested in optics. They want to be seen as if they are protecting the Canadian public from gun violence, but in actuality the legislation before the House would do absolutely nothing to this effect.

The Liberals would in fact be making life a whole lot easier for criminals. I will talk about the legislation by which they are doing this. It is Bill C-75. The Liberals are reducing penalties for a massive list of extremely serious crimes, and I will list a few: participating in a terrorist group, trafficking women and children, committing violence against a clergy member, murdering a child within one year of birth, abducting a child, forcing a marriage, advocating for genocide, participating in organized crime. The sentencing for all of these heinous crimes that take place in Canada would be reduced. Those criminals will get off. Meanwhile, the individual who properly owns and registers his or her gun would be punished by Bill C-71, the legislation before the House. That is wrong.

The rights of victims and communities must always come first. A young person in my riding, who has the ability to see the smoke and mirrors in Bill C-71, asked this: Why is the government sending the message that it is okay to punish law-abiding citizens instead of going after those who actually commit crimes?

Canadians are rightly concerned about Bill C-71 criminalizing innocent people.

I have the privilege of sponsoring e-petition 1608, which is currently open for signature by Canadians, and I encourage them to sign it. This petition was started by a gentleman by the name of Ryan Slingerland, who is 16 years old and lives in my riding. He was incredibly upset about the negative impact this legislation would have on his family members who hunt. He was incredibly disgusted by the fact that Bill C-71 would do everything to hinder their ability to be law-abiding citizens and use their guns effectively, and do absolutely nothing to go after rural crime in our area, which is skyrocketing.

Since launching this petition, it has gathered national media attention and my constituent, Ryan Slingerland, has done an incredible job fielding those questions. In fewer than two months, this petition has become the second-largest e-petition in Canadian history, being signed by nearly 79,000 Canadians from coast to coast. Twenty-three thousand of these signatures come from Ontario and 5,800 from Atlantic Canada, thus showing that this is a concern of Canadians from coast to coast. It is not just regional.

When I was in Nunavut this spring, I heard the concerns of Inuit hunters about the potential implications of this legislation. Furthermore, at the public safety committee, indigenous leaders were coming to the table and threatening potential legal action because they argue that the bill would infringe their constitutional rights.

It is important for the Liberal government to recognize that it does not understand the impact this proposed legislation would have on Canadians, which is why the public safety committee needs to travel to talk to Canadians from coast to coast. It is the right thing to do.

I am proud to represent a southern Alberta riding. There are many families who enjoy our heritage of hunting and sport shooting. When I talk to my constituents, they are deeply concerned about this proposed legislation. They want to know why the Liberal government is targeting law-abiding, licenced firearms owners and not going after criminals who are using their guns illegally.

I sat down with my youth advisory board members and got their feedback on the bill this week. They asked that I communicate their views to the Prime Minister. First, they wanted to remind the Prime Minister that he is the leader of the country in which they live, and not the leader of a high school drama classroom. They want him to lead with honesty. They want him to function with integrity. They want him to stop attacking those who own firearms legally. They call upon him to use legislation in a way that is common sense, not nonsense. They ask that this proposed legislation not be used as an emotionally charged response to a problem in the United States that unfairly punishes Canadians who rightly own and use their firearms. They ask that I speak out on their behalf and to ask in particular, why is the Prime Minister skewing the facts and telling mistruths in order to pass this legislation that punishes those who lawfully own firearms?

The fact that indigenous people in this country, the fact that young people in this country, the fact that law-abiding citizens from coast to coast in this country are asking the Prime Minister to sit up and listen to their concerns, the fact that they are begging him to this, and the fact I have a petition that is signed by nearly 79,000 Canadians are all facts that say that this proposed legislation is ill placed. They see that this proposed legislation needs more time. They say that the right thing to do would be for this committee to travel and to listen. It is simply good governance, listening followed by action.

Therefore, I am calling upon the House to take this motion into consideration and to vote for it, not for my sake, but for the sake of Canadians from coast to coast who deserve to have a voice on this topic, who deserve to be treated as law-abiding citizens first and foremost. This proposed legislation, in its current state, would not do that, and we can do better.

Instruction to Committee on Bill C-71Routine Proceedings

June 4th, 2018 / 11:10 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, that question is a good juxtaposition of the two bills, a contrast, almost.

I am very happy that one of the member's constituents is the one who proposed what I think is going to fast become the e-petition with the most signatures. Maybe the member could tell me afterwards what the signature count is.

It is interesting to see that in Bill C-71, we would be going after law-abiding firearms owners. What will do they? They will abide by the new law. They will try their best to obey the law as it is written by the Parliament of Canada.

On Bill C-75, we would download onto the provincial courts a lot of the provisions for criminal activity, such as the promotion of genocide, such as drinking and driving causing serious bodily harm, such as infanticide, and say that the provincial courts would handle it now, and that would be better.

What happens in Alberta, oftentimes, in provincial court, because they are so overloaded with cases, is that they are always looking for an opportunity to find a plea deal they can live with. They will offer up a fine to people, saying that if they do not pay the fine, they will serve jail time. In certain cases, and there is a laundry list of these provisions in Bill C-75, it is irresponsible to offer an opportunity to simply pay a fine for the crime done. We can contrast that with Bill C-71 and the provisions imbedded within it.

These are the wrong priorities, especially at a time like this, when resources at our courthouses are limited. For the longest time, the Minister of Justice was behind on appointing judges, and the issue remains. If we approve of this, travel of the public safety and national security committee, the members are going to hear this story in our communities. They are going to hear stories of local courthouses being overloaded with work already and not being able to deal with additional court cases.

They are going to be able to tell the story that law-abiding firearms owners will abide by the law, whichever way it is written by the Parliament of Canada. However, gangsters, organized crime, and other criminals will not. That will not change. Those individuals who take part in illegal organized crime activity, such as trafficking in firearms, people, and narcotics, are not going to be swayed by a piece of legislation passed in the House. Frankly, they just do not care about those things. The deterrence will be through greater law enforcement resources, more police officers, and a more effective way of tracking down the money as it is being spent by those types of organizations.

We are not focused on that. We are focused on lawful firearms owners who are looking to just obey the law.

Instruction to Committee on Bill C-71Routine Proceedings

June 4th, 2018 / 11:05 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I am wondering if my hon. colleague could comment on the juxtaposition or comparison between Bill C-71, which would punish law-abiding firearms owners, and Bill C-75, which the Liberals would also put in place, which would decrease sentences for heinous crimes, such as being a part of a terrorist group or an organized crime group, promoting genocide, forcing women into marriage, and trafficking women and girls for sex purposes.

There are these types of crimes the Liberals would actually be going extremely soft on. They would actually decrease the sentences for these types of crimes. Meanwhile, the Liberals want to put law-abiding firearms owners behind bars.

Could the hon. member comment on the comparison of the legislation the Liberals would impose on the Canadian population?

Instruction to Committee on Bill C-71Routine Proceedings

June 4th, 2018 / 10:10 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, I really do appreciate your wise comments. I will be splitting my time with the member for Thornhill this evening.

Let me start by saying why we are here tonight. Again, the Liberals are refusing to consult, refusing to allow reasonable amount of input and debate on another piece of controversial but very important legislation, Bill C-71. What has been exposed by the very limited conversation so far is that Bill C-71 effectively breaks another Liberal promise, the promise not to bring back the wasteful, ineffective long-gun registry. I want to thank my constituents in Oshawa for their input and insight into this bill.

To start, Conservatives support public safety, safe and effective legislation, and we also respect the fact that firearms owners in Canada are, by and large, law-abiding citizens. We believe that no government should take punitive action against those who uphold the law.

I was proud to be part of a Conservative government that eliminated the wasteful and ineffective long-gun registry. It was a good example of how poorly thought out, wasteful policy is ineffective at reducing crime rates by targeting law-abiding gun owners, instead of criminals who, by the way, do not register their firearms. That is why I cannot, in good conscience, support Bill C-71, which does nothing to address the issue of criminal unauthorized possession of firearms and gang violence, places new burdens on business and law-abiding firearms owners, and opens the door for a new registry.

As I said, Bill C-71 does nothing to address the issue of criminal, unauthorized possession of firearms. Let me emphasize this point. The Liberals seem to have difficulty understanding that criminals are not law-abiding firearms owners. Therefore, the provisions included in Bill C-71 will not affect criminals, who do not follow laws to begin with. Thus, it is highly unlikely that they will follow provisions included in Bill C-71.

In an expert submission to the Standing Committee on Public Safety and National Security regarding Bill C-71, Dr. Gary Mauser, a Canadian criminologist and professor emeritus in the Beedie School of Business at Simon Fraser University, stated that Bill C-71 is a red herring and would be regarded as a failure to fulfill the Liberal government's promises to develop criminal legislation using evidence-based decision-making. Tonight we have not heard very much of that evidence, have we?

I support Dr. Mauser's view. I feel that the Liberal government is trying to create a problem where one does not exist. For example, the Liberals are intentionally using a low outlier year of 2013 to justify saying that homicide rates are increasing. Realistically, firearms homicides have gone up since 2013. However, our overall firearm homicide rate has been steadily falling since the 1950s. This is a point that the Liberals are intentionally misleading Canadians with. Total homicides, have declined at least since the 1990s, and if anything, knife stabbings in Canada have increased more dramatically. The Liberal government's statistics also leave out the fact that these homicides are primarily driven by gang murders. The majority of Canada's gun violence stems from illegal gang and similar criminal activity. However, this bill mostly focuses on gun licence holders, and not violent criminals or gangs. If we think that the homicides are driven by gangs and criminals, we should be focusing legislation against them.

Gang-related activity and repeat offenders make up the bulk of the 223 homicides in 2016. Some 141 of the 223 homicides were related to gang activity. That is well over half. Let me reiterate that criminals do not register their firearms. It seems this is becoming a theme.

I just want to briefly raise the issues with another Liberal bill, Bill C-75 which also fails to deliver tough on crime approaches. Bill C-75 aims to do away with preliminary inquiries and seeks to lower the maximum sentencing for terror and gang-related offences. In other words it is getting softer on crime. How can the government justify weakening penalties for Canada's gang and criminals while at the same time targeting law-abiding Canadians? This just does not make sense.

Let me address another thing that the Liberals are being misleading about, which is the process of applying for and receiving firearms licences. It is very important, and Canadians need to understand, that we are not the United States. In order to qualify for a licence, one must complete safety training and learn the rules that govern the privileges these licences afford one. Not everyone is eligible for a firearms licence. One must be a responsible Canadian citizen who does not have a criminal record and be mentally stable.

The first step in the process is to take a firearms safety course. The courses are dictated by the licences someone is intending to apply for. There are two different licences that could be applied for, a PAL and an RPAL, respectively. The first licence is a basic firearms licence, which allows one to buy and possess the types of firearms primarily used for hunting purposes, for example, rifles and shotguns. The second licence is a restricted possession and acquisition licence, which allows one to buy and possess firearms that are permitted by law for sporting and hunting purposes in Canada.

Each course has a written and practical exam that one must score 80% or better on to pass. Each course focuses on the safe handling of firearms and the responsibilities of ownership. These courses are the same across the country.

Then, step two, once someone has passed the courses, they can submit their license application to the RCMP for review and processing. This process and background check can take six to eight weeks.

I repeat, this is a process that criminals will not follow. Bill C-71 only penalizes law-abiding gun owners and small businesses. Criminals continue to operate in the shadows and will continue to ignore any federal legislation. Law-abiding gun owners and small business owners are then left feeling the burn of Bill C-71.

Small businesses will be burdened with unnecessary red tape, as this reintroduces a wasteful and ineffective firearms registry. The unnecessary red tape will be of no benefit to public safety, and will only make transportation of firearms to a gunsmith or a gun store more onerous.

The bill is forcing businesses to keep 20 years of records. In fact, I visited a local firearms retailer in Oshawa, CDNGunworx, to discuss the impact this bill will have on small business. I learned that Bill C-71 is increasing the costs of doing business for many small businesses like this one.

These unknowns make Bill C-71 all the more concerning, as the additional costs, money, and resources could be the final nail in the coffin that will put hard-working business owners in jeopardy of failing to keep their business afloat, all without increasing public safety.

Again, I want to point out that Bill C-71 gives the RCMP overreaching authority. It will increase the power of the RCMP to reclassify firearms at a moment's notice, which would make otherwise law-abiding gun owners criminals overnight. For example, Bill C-71 reclassifies an estimated 10,000 to 15,000 non-restricted rifles as prohibited, and turns their owners into immediate criminals unless they comply with new ownership requirements.

Carlos, a young constituent of mine, voiced his concerns to me in regards to providing the RCMP with the power to classify firearms. With this bill, firearms he currently collects can be banned by the RCMP at any moment, forcing him to either turn them in or become a criminal, and he will not be compensated for his lawfully owned property.

Our previous Conservative government allowed for our elected representatives to overrule any of these RCMP mistakes, and allow individuals to keep their legally owned property by exercising a democratic mechanism. No such mechanism will exist under Bill C-71. There will be no mechanism to correct the mistakes made by the RCMP.

Recently in fact, the RCMP was bold enough to launch, on its website, a page that formally read: “How would Bill C-71 affect individuals?”

To be clear, Bill C-71 is not law. The RCMP quickly changed the wording on the web page, but the damage had been done. The RCMP obviously felt that it could pre-emptively tell Canadian citizens to comply with a law that had not yet achieved royal assent. This had only been corrected after my colleague, the member for Medicine Hat—Cardston—Warner, pointed it out. This is a glaring issue that Canadians need to know about.

Bill C-71 opens the door for a new registry. We have heard Liberals say tonight that it will not, but it very clearly will. They say it will not be a registry, but it mentions the word “registrar” 15 times, the word “registration” 17 times, the term “reference number” 12 times, and the word “record” 26 times. If this is not a registry, I do not know what else is.

Record keeping conditions are placed on businesses, including information collected for 20 years. Records would be accessible by police officers on reasonable grounds and with judicial authorization. However, the government would essentially have businesses build and maintain the registry on its behalf. Businesses would have to pay the higher costs for it.

In conclusion, I hope I have made it abundantly clear that Bill C-71 will not impact criminals or stop illegal firearms practices, as the Liberal government claims. It in fact targets law-abiding firearms owners and harms small businesses. It opens the door to a gun registry 2.0, and gives overreaching powers to the RCMP. I stand with law-abiding Canadians, not the criminals.

Instruction to Committee on Bill C-71Routine Proceedings

June 4th, 2018 / 10:05 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Madam Speaker, as a matter of fact, I have been to two well-attended firearms legislation meetings with firearms clubs in the member opposite's riding. In terms of firearms legislation, they would like to see having mandatory minimum sentences and harsher sentences for people who use firearms in the commission of crimes instead of what we are seeing in Bill C-75, where all these harsher sentences for people who use firearms in committing crimes are being let go.

Instruction to Committee on Bill C-71Routine Proceedings

June 4th, 2018 / 9:35 p.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, that is a great question.

As my colleague aptly pointed out, the bill should be focusing not on the firearm itself, but on people who should not have firearms. It should be focused on criminals, those who steal or smuggle firearms. None of that is addressed in Bill C-71. It should be focused on things that Bill C-75 should be focused on.

Bill C-75 is the government's so-called legislation to make the justice system more efficient, which means the revolving door is going to go faster, and criminals will only suffer a bit of motion sickness going through that revolving door with ever-increasing speed. That is going to be the penalty they pay for association with a gang, theft, and all of these things that are causing people real problems.

With regard to straw purchases, there is nothing in the legislation about that. A straw purchase is when somebody might use a stolen licence to try to buy bulk firearms through illegal means and ends up putting those in the hands of organized crime. Is there anything in Bill C-71 that addresses that? No, not at all.

The enhanced check is not necessarily a bad thing, but I am not sure it is addressing the right issues. On a firearms possession acquisition licence, the chief firearms officers already have the ability to go back as far as they want, if they find something of concern.

On domestic violence, the bill does nothing. With the continuous eligibility clause on domestic violence, if a spouse calls the police and triggers that continuous eligibility, the next day the police will show up asking if there is a licence, if there are firearms in the house, saying that the have a domestic complaint and are going to take the firearms. That would already happen.

There is nothing in this bill, and there should be, dealing with mental health. When police officers pick people up on a mental health call, that should be flagged immediately. It should go into the Canadian Police Information Centre information system to see if that person has a firearms licence. If they do, there should be a knock on the door to see if everything is okay.

That is how to enhance public safety.

Instruction to Committee on Bill C-71Routine Proceedings

June 4th, 2018 / 9:30 p.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, no; as a matter of fact, we heard statistics from the handful of witnesses who did manage to make it before the committee that completely debunk the myth.

Most firearms deaths in Canada are not caused by legally owned or legally acquired firearms. That is a myth. We can take a look at the statistical anomalies of the years 2013 up until 2016, and include 2013 in that number. Not only that, I did we not have the chance to talk about the fact that domestically sourced firearms also includes firearms for which the serial numbers are burned off, sheared off, or ground off, whatever the case might be, so that firearm might have actually been sourced outside of the country. It comes in, and because of the alteration made to the firearm, there is no way to trace it, so it gets lumped in with domestic firearms.

To my colleague who asked the question, if I thought some of the provisions in Bill C-71 would make her community safer, they would also make my community safer. We would both want that, and I would vote in favour of that.

The difference between the member and I is that I understand the problem in her community is likely gang related, and it is likely illegal guns, illegally owned and acquired guns, and it is likely related to violent crime.

I will be interested to see how the member votes on Bill C-75, which is going to make life easier for all the people she claims she wants to protect her voters from.

JusticeStatements By Members

June 4th, 2018 / 2:10 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Mr. Speaker, with their criminal justice reforms, the Liberals are making a bad situation worse. Under Bill C-75, the Liberals have created the option to proceed with a large number of violent offences by way of summary conviction rather than indictable offence. This means that violent criminals may receive no more than six months in jail or a fine for their crimes. These are six months for terrorist activities, obstructing justice, assault with a weapon, forced marriage, abduction, advocating genocide, participation in a criminal organization, or trafficking, just to name a few. These are serious offences. Putting these criminals back on the streets makes things even worse, and makes less sense.

This is another hurdle that the police have to protecting our streets, another barrier for parents protecting their children, another barrier to removing criminals and organized crime from our communities, and another example of the Liberals being soft on criminals and ignoring victims. I call on the government to admit its error and withdraw this bill.

Criminal CodeStatements By Members

June 1st, 2018 / 11:10 a.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, the safety of Canadians should be the number one priority of the government. A strong criminal justice system must always put the rights of victims and communities before special treatment for violent criminals. Reducing penalties for serious crimes sends the wrong message to victims, law-abiding Canadians, and criminals. The Liberals' proposal to eliminate consecutive sentences for human trafficking is a huge mistake that will have devastating consequences.

The Liberals earlier committed to keeping full protections in place for religious officials under section 176 of the Criminal Code but are now removing them in Bill C-75. An assault on officiants during a religious service is very serious and must remain an indictable offence.

We have major concerns about many other elements of the bill, such as lighter sentencing, such as fines, for what are very serious crimes. They include participating in the activity of a terrorist group, infanticide, concealing the body of a child, impaired driving offences causing bodily harm, and advocating genocide.

It is time for the Liberals to put victims ahead of criminals.

Export and Import Permits ActGovernment Orders

May 31st, 2018 / 8:55 p.m.
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Conservative

Tom Lukiwski Conservative Moose Jaw—Lake Centre—Lanigan, SK

Madam Speaker, once again, it is a pleasure to rise in this place to give my comments in tonight's debate on Bill C-47, but before I do so, perhaps I can expand upon a couple of the comments made by my colleague from Kamloops—Thompson—Cariboo, who talked a little about the procedural aspects of what is happening tonight.

If anyone is actually watching these proceedings tonight, they would notice that there is no debate happening. We are scheduled for debate, we are supposed to be having debate, but “debate” means that there are two sides debating, and the Liberals have chosen not to participate in this debate. That is their prerogative, and they can certainly do as they wish, but from a procedural standpoint, I would like to point out a couple of items.

Number one, if the discussion on Bill C-47 collapses, and by that I mean if no further speaker stands to offer comments, it means that the bill would get passed. Why is that important? It is because, as the government knows, there was an offer made earlier tonight to members on the government side that if Bill C-47 collapsed—in other words, if no one got up to speak—and if the government would not introduce another bill, we would all go home. Not to make it appear that we do not want to do our jobs, the reality is that every extended hour we spend in this place is costing the taxpayers tens of thousands of dollars. The lights have to remain on, staff have to be here, security has to be here, the cafeterias have to remain open, and, ultimately, Bill C-47 will be passed. The government knows that, it has a majority, yet we sit here wasting taxpayers' dollars and not even participating in the debate.

I find it shameful that members on the government side who say they want to actively debate will not even comment on their own legislation. I will put on the record that the government is playing games here. We could all be cutting back on the expenses that taxpayers are being forced to pay, but Liberals do not see it that way, and I find that almost unconscionable. That is on the procedural side of things.

I will turn my remarks now to Bill C-47. I will make a couple of brief comments on the bill itself, which of course is about the Arms Trade Treaty. The reason I am bringing it up is the fact that any arms treaty should recognize the legitimacy of responsible gun owners who wish to own guns for their personal use, for their recreational and sporting activities, but the treaty does not recognize the legitimacy of that. For that reason, and that reason alone, I cannot support Bill C-47.

However, we should not be surprised, because this is just the latest in a long litany of Liberal attempts at gun control that have ended badly. The member for Sarnia—Lambton referenced it just a few moments ago when she talked about the failed Liberal long gun registry back in the 1990s and early 2000s. For those who have perhaps forgotten the history, let me remind them that in 1995, then justice minister Allan Rock introduced the long-gun registry as a piece of legislation in this place, ostensibly and purportedly, according to him, that it would save lives.

History has taught us many things, and one of the things it has taught us about this failed attempt at a good piece of legislation was that the long-gun registry did nothing to save lives. What it did do, as was found out in later years, was cost Canadian taxpayers billions upon billions of dollars. In fact, in 1995, the then justice minister, the hon. Allan Rock, stated in this place that, by his estimations, the long-gun registry, once fully implemented, would only cost $2 million a year. At that point in time, many people took him at his word, because there were no real records or precedents for what a registry of that sort would cost taxpayers, but, luckily, for the taxpayers of Canada, a former colleague of mine, Mr. Garry Breitkreuz, from Yorkton, Saskatchewan, knew that this figure of $2 million was obscenely low, that it certainly could not be anywhere close to that and that it would cost much more. Hence, for years thereafter, Garry Breitkreuz filed ATIPs, access to information requests, time after time, month after month, year after year, getting limited, if any, response from the government.

Finally, after years of diligent and persistent requesting of the government for pertinent information on the cost of the gun registry, it was revealed that the gun registry did not cost $2 million, but $2 billion.

What did it accomplish? Did it accomplish anything? Did it save lives? Well, I am here to argue that it most certainly did not. Why not? It is because the one fundamental flaw in the rationale and reasoning of Allan Rock, back in those days, supported by every Liberal in Canada is seemed, was that criminals do not register guns.

We have seen over the years an influx of illegal handguns and other guns coming across the border from the United States to Canada, but the people who brought these illegal guns across the border had no plans to register their weapons. Therefore, the gun registry legislation was absolutely worthless. To say it cost $2 billion for a worthless piece of legislation and call it obscene is being kind to the word obscene. It absolutely was one of the largest fiscal mistakes the former Liberal government has made in that party's long history.

I do not think the current government has learned anything from these past mistakes, because we see them time and time again trying to introduce legislation that would in fact be a back door gun registry. Whether it be Bill C-47, Bill C-71, or Bill C-75, we know that what the Liberals would love to see is another gun registry being enacted here in Canada. However, I can assure members that if they try to do that, if they try to force their position on Canadians, on rural Canadians in particular, legitimate gun owners would again be absolutely beside themselves. The first time the Liberals tried to force the gun registry on legitimate gun owners and on rural Canada, the reaction was visceral, and it will be again.

I will conclude with a true story that happened when I was on the campaign trail in 2004. During the campaign, when I was door-knocking, I did not know the gentleman living at the residence I visited, but I saw in my identification that he was a former RCMP officer. I naturally thought that he was probably going to be in favour of this. Well, how wrong I was. When I got to the door, I was met with hostility on every issue I brought forward to the point where I actually started losing my temper, which I normally do not do, particularly when I am door-knocking. It finally got to a point, after many arguments on different issues, that the gentleman asked me “What do you think you're going to do about the gun registry?” I said, “We're going to scrap it”. He said “I worked for the gun registry”. I said “Well, in that case, don't vote for me”. He said, “I won't, and get off my doorstep”.

I was laughing by the time I got to the sidewalk because it was so bizarre, but it just illustrates the visceral reaction that so many people have about this very contentious issue.

The gun registry that the Liberal government of the day tried to force down the throats of rural Canadians was something that should never have happened in the first place, but it did, unfortunately. However, for $2 billion in taxpayers' dollars, it is something that Canadians, particularly rural Canadians, will never forget, and because of that, when they see the current government introducing legislation like Bill C-47, Bill C-71, or Bill C-75, they harken back to the dark days of the 1990s when the Liberal government tried to force this obscene long-gun registry down their throats.

Fool me once, shame on me. Fool me twice, shame on the Liberal government.

Export and Import Permits ActGovernment Orders

May 31st, 2018 / 8:40 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I am pleased to be here tonight to speak to Bill C-47. I want to note right up front that I am a bit disappointed that the government seems to have disengaged from the debate.

This is my first opportunity to consider this issue, and I am happy to stay here until midnight tonight. I was looking forward to the opportunity to ask questions and to hear the answers. It is important for Canadians as we debate this important issue.

The Liberals have a majority government and they will get the bill through, but to disengage, to not even participate in the debate is a bit disappointing.

Before I get into the specifics of Bill C-47, I want to draw attention to the connection among Bill C-71, Bill C-75, and Bill C-47. It speaks to the Liberals ideological perspective on things that are not driven in practicality.

Bill C-71 is the Liberal government's back door firearms registry. In spite of what the Liberals say, if it looks like a duck, walks like a duck, it is a duck. They claim the bill will protect cities from guns and gangs. People who have only lived in big cities like Toronto, Montreal, or Ottawa, might not understand that a law-abiding hunter or farmer who lives in a rural area considers a firearm a tool. It is a tool for ranchers and hunters. It is a tool for indigenous people.

Bill C-47 would impact law-abiding hunters and farmers, as would Bill C-71, but not in a practical way, not in a way that would make a difference. It would not make a difference in guns and gangs in cities, especially Bill C-71. However, it would create an added level of bureaucracy for many of our rural communities and our hunters and farmers.

Bill C-75 is about Liberal ideology, not practicality. Some people commit pretty serious and significant crimes. Bill C-75 proposes to reduce sentences. Do the Liberals want to reduce sentences for terrorist activities, or for crimes such as administering a noxious substance or date rape? If something ever happened to my daughter, I would be absolutely appalled if the sentence was reduced.

There was a very disturbing court case in Kamloops involving the death of a young girl. The Twitter world was filled with people, saying justice was not done with respect to the the sentence given to the person who murdered this child. Everyone had a sense that justice had not been done, yet Bill C-75 would further reduce criminal sentences for what would truly be horrific crimes.

I will get into the specifics of Bill C-47. This legislation was introduced in April, 2017. Let us talk about time management. It was introduced in April, 2017 and we are now going into June, 2018, with late night sittings so the Liberals can get what they believe to be important legislation through the House? That significantly indicates bad management of House time.

Bill C-47 would control the transfer of eight different categories of military equipment. The one we find to be the most troubling is category 8, small arms and light weapons. I understand an amendment was introduced at committee that would add “The Brokering Control List may not include small arms that are rifles, carbines, revolvers or pistols intended for hunting or sport, for recreational use, or for a cultural or historical purpose.”

It was quite a reasonable amendment, but it was voted down. I wanted to ask the government tonight why it voted it down because it would have given many of us greater comfort in how we looked at the bill.

The government tends to look at anything the UN does without criticism. If the UN says we should do this, the Liberals tend to say, absolutely, how fast, and how quickly. They do not spend as much time as they might reflecting on what we do in Canada.

I would beg to differ from my colleague from the NDP. We do have a responsive system. We have a Trades Control Bureau. To a greater degree, this system has worked pretty well. Would it be better to have something that everyone uses? Absolutely, if everyone used it. We only need to look at the list of the countries that have not or will not signed onto this agreement. We have to recognize that this agreement will not accomplish what it is intended to accomplish.

I encourage anyone who might have an interest in this issue to go online and look at the list of countries that have signed on to the treaty and implemented it. However, look to the larger category of countries that have said no. People will quickly recognize that we are not creating a solution in Canada. We are going to be creating increased challenges.

Another area that the Liberals should be reflecting on is this. The Department of National Defence has always been excluded from our internal systems. Under this treaty, it will be included. Is that going to affect the nimbleness of our military, its ability to respond in a rapid response? Perhaps the the Liberals have not done as much due diligence in that area. We need to ensure our military can react rapidly to trouble spots around the world and send assistance. We often thought that sending assistance was the correct response. This does nothing for law-abiding citizens.

Yesterday in the House, the Liberals voted for the UN Declaration on the Rights of Indigenous Peoples. Over a year ago, at the UN, they committed to its implementation. With respect to Bill C-71, today at committee one of the first nations leadership said “We had no consultations”. This is another example where the Liberals are telling them what they are going to do. I would suggest that the Mohawk Council of Akwesasne would say that with the borders between the U.S. and Canada, the bill would impact the people, that the council did not even know about it. The fact is that over a year and a half ago, the Liberals committed to consultations under article 19, but they have not followed through in any meaningful way to that commitment.

I am disappointed that we have not had engagement, but, quite frankly, the treaty goals in the bill will not be met. Meanwhile we will create some new regulatory burdens for our Department of National Defence and people in the fishing and hunting community who will keep having to do more and more under a Liberal government. I am sure they must be terribly frustrated. This is one more example of its lack of understanding on that issue.