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

September 24th, 2018 / 5:01 p.m.
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Assistant Professor, Faculty of Law, University of Calgary, As an Individual

Lisa Silver

Thank you very much.

Mr. Chair and honourable members of the standing committee, thank you for giving me this opportunity to comment on the proposed amendments to the preliminary inquiry sections of the Criminal Code. It is a privilege to be here to speak about an issue that carries the weight of historical discourse and has engaged far greater minds than mine. The question of abolishing the preliminary inquiry has echoed through these halls and the courts of our nations and has indeed engaged the public's interest as well.

How do I come to speak to this matter? I am by trade a criminal defence lawyer, and I've been so from my early days of law school in the mid-1980s. I've conducted preliminary inquiries, I've argued about them as appellate counsel, and I've written about them now as a law professor. Indeed, I've been rather vocal about the preliminary inquiry and these proposed changes. I hope my brief and this opening statement will shed some light on why I believe the preliminary inquiry, albeit in perhaps a different structural format, is worth saving.

I will open with a personal story. It's a story I often repeat to my students when asked which case most significantly impacted me in my early career. The day after being called to the bar in 1989, I received a case from one of the lawyers sharing space with the law firm with which I was employed.

The preliminary inquiry was only two days away. The client, who was detained in custody, was charged with an attempted break and enter with the intent to commit an indictable offence. The maximum punishment for the full offence—because it involved a dwelling house—would have been life imprisonment, but as an attempt, it was punishable by 14 years, still a serious term of imprisonment.

As an aside, under the new proposed amendments, such a preliminary inquiry would not be possible.

It was a rather pathetic and all too familiar story. The client was found loitering in front of a house on the sidewalks of Rosedale—this was in Toronto—holding a pointy and frayed stick. He appeared to be intoxicated. The police were called, and upon investigation of the nearby home, it appeared that the front door lock was freshly scratched with bits of paint that appeared to be derived from his pointed stick.

Appearances, however, may be deceiving. Upon review of the file, I recommended to the client that we argue against committal at the preliminary inquiry. Needless to say, the judge agreed, and the client was discharged and immediately released.

The preliminary inquiry changed my client's life. It gave him hope. In fact, he ended up straightening out. He went back to school and became a youth worker in a young offender facility. I received a postcard from him when he ultimately went to Bosnia as part of the UN peacekeeping tour.

I wanted to share this story with you. I know I was asked here based on my academic credentials and writing in this area, but to me there is no clearer evidence of the importance of the preliminary inquiry as a tool for good than this particular story.

On the less emotional side of the equation, I'm certain you've already heard last week and today—I was listening—many good reasons demonstrating why the preliminary inquiry in its present format must be retained. My brief also outlines the historical significance of the preliminary inquiry as an essential protective shield against the power of the state.

It's more than procedural. We keep calling it a procedural matter, but it's more than that. It lies at the heart of the criminal justice system because, in my view, it is linked with the presumption of innocence and fair trial concepts. The preliminary inquiry calibrates the scales of justice in accordance with those fundamental principles and provides meaningful judicial oversight.

The power of the preliminary inquiry, as I've already alluded to, cannot be taken for granted or underestimated. I know there are questions regarding where the evidence comes from as to whether preliminary inquiries do cause delay, but certainly they do take court resources that are finite. We are, as has already discussed, having a crisis, so to speak, in our court system, as evidenced by those Jordan and Cody decisions.

In fact, as you've already heard, one of the suggestions from the Senate committee on that crisis recommended the termination or limitation of the preliminary inquiry. Bill C-75 has a more tempered vision of the Senate recommendation, but it still goes too far. The amendments do not provide the protection promised by the full operation of preliminary inquiries, and as outlined in my brief on page 5—and I think I have about eight different points there—they don't account for the many other ways the preliminary inquiry assists the proper functioning of the criminal justice system.

Keeping in mind all of these competing concerns and considering that we still have to create a solution to the problem that remains with our desire to provide a fair trial, we need a solution that may perhaps recalibrate, yet one that will maintain the scales of justice as writ large in our common law and charter. In my submission, the solution recommended in the amendments does not do this.

Instead, this honourable committee should consider a more practical and useful solution. It's a solution that lies within easy reach. It can be found in our civil system of justice—you've already heard about it today—in its procedures for civil questioning or discovery.

The discovery system for the most part lies outside of the court. It provides useful evidence for trial. It encourages resolution on the civil side as well. It's available to all superior court civil litigants, and it's predicated on full disclosure. By using that civil system, judicial resources and therefore court resources can be focused in a manner that stays true to the primary committal function of the preliminary inquiry, yet would permit the advancement of those vital ancillary purposes, be it preservation of evidence, building an evidential threshold case for a defence or engaging in resolution discussions.

Where there is a realistic committal issue, a preliminary can be heard by a judge. Where the matter involves one of the other viable purposes for a pretrial questioning, the matter can be heard in a less costly form outside of court in a conference room, where the matter can be recorded for future use at trial.

This recommendation provides a viable alternative to the amendments, it balances competing rights, it's mindful of court resources, and it's already in use.

I thank the chair and the other members of this committee for inviting me to make submissions on what is an integral part of our criminal justice system.

Thank you.

September 24th, 2018 / 3:55 p.m.
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Criminal Defense Counsel, Dale Law Professional Corporation, As an Individual

Laurelly Dale

Good afternoon. I'm grateful for the opportunity to be before the committee today.

My name is Laurelly Dale. I am a criminal defence counsel of over 11 years. I share an office in downtown Toronto with the reputable John Rosen, and I also have an office in northwestern Ontario, in Kenora.

I am first and foremost an officer of the court. My views today are in response to your invitation to offer my opinion on a fragment of Bill C-75 that would eliminate preliminary hearings.

Extensive consultation with lawyers is necessary to shape our pending laws. As defence counsel, I am but one player in the larger administration of justice. I submit to you that there is a disconnect between reducing delay by eliminating preliminary inquiries. The administration of justice would be obstructed by this removal. It is not a debate between Crown versus defence strategies.

I am also a member of the Criminal Lawyers' Association, and I adopt and support their position on this. It's not my intent to reiterate their position. I'm here today to provide you four reasons justifying my position.

First, disposing of preliminary hearings will not save time. This will have the reverse effect, by causing further delay in court. We're well aware of the Supreme Court of Canada decision in Jordan declaring a specific presumptive ceiling of 30 months with or without a preliminary inquiry. The objective of Jordan is to preserve the section 11(b) charter right to be tried within a reasonable time. It was not to use this case as a weapon that will harm the administration of justice.

The claims that this will reduce court delays are false. Only 3% of cases utilize preliminary hearings. The majority of the cases that did proceed to preliminary hearing were resolved in provincial court. Two major studies have concluded that preliminary inquiries do not contribute substantially to the problem of court delay. Preliminary hearings facilitate the resolution of potentially lengthy and expensive trials in superior court. They are often used instead of rather than in addition to trials. They expedite the administration of justice. It is far easier and quicker to get a two- to four-day prelim, as opposed to a one- to two-week trial in superior court.

Recently I've had two matters proceed to prelim that ultimately saved the court from having two very expensive jury trials in the superior court. The first was a consent issue in a sex assault case. We proceeded to prelim. My client was able to truly appreciate the evidence against him in a way that watching video statements cannot. Midway through the day, my client reviewed his position and decided to plead guilty. The complainant left knowing that she would no longer be needed to testify in that matter. In the second, after day one of the prelim, the Crown was made aware of weaknesses in their case. The preliminary inquiry revealed a complete lack of evidence for the charges, resulting in a withdrawal.

None of those results could have been attained in the same time frame had we proceeded directly to the superior court. Preliminary inquiries help formulate accurate trial estimates and deal with front-end applications, discovery issues, and motions.

I ask you to look at the youth criminal justice system. This is an example of an existing system that doesn't have preliminary inquiries except in rare circumstances. There are still delays in the youth system.

I had a youth client who was charged with aggravated assault. The complainant was a child of eight months. The charges were very serious. The child suffered a cerebral hemorrhage that caused permanent damage.

Young offenders are not permitted a preliminary hearing except if charged with murder or as an adult or if proceeded with as an adult. This case is an example of one for which we needed a preliminary hearing. There were major causation issues. The Crown did not produce an expert report, but still wanted to proceed. There was limited medical evidence. In order to fully answer and defend the charge against him, my client required numerous third party records. The section 11(b) time was running out through no fault of the defence. We scheduled the trial not knowing how many experts there would be or if there would be charter issues. We received medical records through third party records application.

From those, we needed further child and family services records to begin the process of organizing our own expert. Evidence substantiating this could be obtained through the testimony of the mother's child, through the trial that would be adjourned mid-testimony to proceed with a third party records application. This is getting very much into the weeds, but it's establishing a real point that from there, transcripts would be ordered and another third party records application scheduled. We'd hear the schedule, wait 60 days to produce the records and another 90 to organize our expert. The trial would resume many months later. This would be our world if we eliminated preliminary hearings in the adult system. This is not how justice was intended to be administered.

The second justification is that both players, defence and Crown, already have tools that can be used to bypass the preliminary hearing. Deciding to have a preliminary hearing requires a case-by-case analysis. We must not assume that they are to be utilized by defence as a delay tactic or to earn higher fees per file. As defence counsel, I am often waiving preliminary hearings for a number of reasons. Sometimes it's because of the offence and jurisdiction, other times my client's in custody, or sometimes it's because of the strength of the Crown's case.

I was counsel involved in a large drug project in Toronto. Multiple accused were involved. We had a five-day prelim scheduled for November, and in a rare move the Crown preferred the indictment. This is a tool that they have. The authorization of the Attorney General is required; however, the Crown has used this tool to now force this matter to skip over prelim right into the superior courts.

The third justification is that Bill C-75 prioritizes false hope of efficiency over trial fairness. Section 7 of the charter guarantees both substantive and procedural safeguards to those accused of a crime. It is important to remember that preliminary inquiries are only available to those facing indictable offences, lengthy prison sentences and significant consequences if convicted. This extra step adds a layer of protection against wrongful convictions of the most serious crimes.

I was raised in northwestern Ontario. My paternal grandmother was Métis. My office in Kenora covers a substantial territory in the north. We participate in circuit court. Each week, roughly, we attend remote aboriginal reservations by squishing into cigar planes and crossing our fingers in the hopes that we land through the fog and ice sometimes. It is well known, sadly, that aboriginal peoples are overrepresented in our justice system. In my office located in Kenora, they represent over 90% of my criminal clients.

It is they who will suffer the consequences of this amendment. Adding further delays means they will spend longer in pretrial custody. Removing a safeguard means they will be the most likely to be wrongfully convicted. Bill C-75 did not consider how this would impact the most vulnerable group.

My fourth and last point is that eliminating preliminary hearings ignores the root causes of delay. I'm not here to provide you with an exhaustive list. However, substantive research has established that delay is caused by mandatory minimum jail sentences, disclosure practices, and self-represented litigants.

In conclusion, eliminating preliminary hearings will impede the administration of justice. Discretion is stripped away at the provincial level. Lengthy and expensive superior court trials will become the norm, causing a demand for resources that our system cannot fulfill. There is no data to support Bill C-75. My experience and the available data suggests that eliminating them will, in fact, cause significant delay.

Bill C-75 represents an illogical response to court delay. The public could lose confidence in our administration of justice if our accused are stripped of their ability to make full answer in defence, and court delays inevitably will still exist despite the elimination of preliminary hearings.

Subject to any questions, those are my submissions.

September 24th, 2018 / 3:50 p.m.
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Liberal

The Chair Liberal Anthony Housefather

Thank you.

Coming back to the notwithstanding clause, I just wanted to intervene for a second, if I may, colleagues.

Being a member of a community that was impacted by the notwithstanding clause in 1989 as a teenager, seeing how it impacted the members of my community, and seeing how it made many people feel very uncomfortable that their language was banished from public view after a Supreme Court decision and after a promise in an election that bilingual signs would be permitted, I certainly understand the consternation of people when this clause is used. I certainly speak for myself and, I think, for most Liberal members of this committee when we say that we don't support the use of the notwithstanding clause. We certainly share your concerns, Mr. Rankin, about the indiscriminate use of the notwithstanding clause. That is a given.

I do believe that the urgency of the issue is somewhat abated by the decision of the Ontario Court of Appeal to stay the Toronto decision. I think that there probably needs to be some cooling-off period to make sure that when we talk about this issue dispassionately, we understand that it won't be related to one government in one part of the country on one specific decision.

Based on all that I've heard, we currently have a study on Bill C-75 that we're doing, and we're shortly going to get the divorce legislation, Bill C-78. We also have to conclude our study on human trafficking, and we have the study from Mr. Boissonneault on the decriminalization of HIV.

Because I think government members are willing to discuss this with you and see how we can work with you on this, my thought is that perhaps we don't need to vote today; we can bring this back at a later date. Should you wish to vote today, there's no problem. We can still try to find solutions in the future and bring this issue back if there isn't agreement. We always try to find agreement. I don't think today there is one, but maybe at some point in the future there will be.

Go ahead, Mr. Rankin.

September 24th, 2018 / 3:30 p.m.
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NDP

Murray Rankin NDP Victoria, BC

Thanks very much, Chair. Thanks for your support in getting this before members in a timely way.

Welcome, Tony Clement, to our committee.

This motion is before everyone. You will have received it. I sent a letter out on September 13, and then formally entered the motion on September 14.

It calls on the committee to undertake a study—nothing more, nothing less—into the potential for the routine use of section 33, or the so-called notwithstanding clause of the Constitution Act, 1982.

I've asked that constitutional experts and Attorneys General come to this committee to participate in a true dialogue about the nature of this clause under our Constitution and how Canadians should agree to deploy it in the future.

At the outset, Chair, I have four points to make about the motion.

First, I emphasize that this is not about a particular premier or event. The reason for the motion is that it now appears that some political leaders in our country may believe that the so-called notwithstanding clause can be used in a repeated and routine way, rather than as a tool of last resort to be reserved for very serious public policy matters. I believe that the founders of the charter intended it to be used sparingly, as Alberta Premier Peter Lougheed told his legislature in 1981.

Second, I recognize and acknowledge from the outset that the notwithstanding clause is an integral part of the charter. History will show that in 1981, it was inserted at the instigation of Premier Lougheed, and affirmed by B.C. Premier Bennett, as a compromise, in order that the rest of the charter could be enacted. It was truly the price of admission. I get that. I accept that it is every bit as much a part of the charter as other provisions that are better known and more frequently used.

Third, I'm not now arguing that this important debate needs to take place immediately. I understand that we are conducting a very important study of Bill C-75 right now. I also know that we're intending to study discrimination on the basis of HIV/AIDS. There are many other reasons of timing that may argue against proceeding right away with this study. I get that. I'm perfectly content to delay this conversation until later. All that I'm seeking is a clear commitment from this committee that we will undertake the study. Today all I want is a vote on this matter so that we have it on the record as to whether we are prepared to move forward or not.

Lastly, I believe there is no better forum for a critical conversation like this to take place than the justice and human rights committee.

Colleagues, I can't imagine a more important justice and human rights issue than the potential erosion, indeed trivialization, of our Charter of Rights and Freedoms.

Members, what is my motion about, and what is it not about? This is not a partisan issue. It goes to the very basis of the constitutional arrangements that Canadians entered into in 1982, some 36 years ago. My motion concerns the possibility of any senior government—federal, provincial, territorial—routinely invoking section 33 of the Constitution Act.

As all members of this committee know, when a government invokes section 33, it passes a bill that suspends, for five years, a court decision relating to key charter rights. The notwithstanding clause overrules freedom of expression, freedom of religion, freedom of conscience, and freedom of association. It also deals with legal rights, like the right to life, liberty and security of the person, which was the foundation of a woman's right to choose. That was upheld in the Supreme Court of Canada, of course, in the Morgentaler case, and it was upheld more recently in the right to medical assistance in dying. It can override search and seizure rights and equality rights.

There are many decisions of Canadian courts that have made a difference to the LGBTQ2 community, from equality rights to same-sex couples in social benefits, from Nesbit and Egan all the way to same-sex marriage. These gains could be eroded at any time by a provincial or federal government. Indeed, the record will show, for example, that Alberta Premier Ralph Klein contemplated the use of this clause to override aspects of the same-sex marriage debate in his province.

I reiterate that my motion may have been prompted by, but is not about, a particular decision made in a particular province.

The context of my motion, of course, is well known: the decision by a premier in Ontario, for the first time in that province's history, to use the notwithstanding clause to deal with a dispute between the City of Toronto and the Province.

People may perhaps differ as to whether this kind of situation was what the framers of the charter intended with the notwithstanding clause.

As members know, the Ontario Court of Appeal made it unnecessary in this instance for the Ontario government to invoke the notwithstanding clause.

Again, that particular case is not in issue. However, it was a statement by the Premier that he would routinely and repeatedly use the notwithstanding clause that has caused constitutional lawyers across Canada such grave concern. The Ontario Premier's statement to use it repeatedly has been condemned by most constitutional lawyers and equality-seeking groups across Canada.

I don't know about you, Mr. Chairman, but I have been inundated by calls from prominent constitutional lawyers. I'd refer members to YouTube to see, for example, two colloquiums—one at the University of Ottawa, another at the University of Toronto—that were prompted by recent events and the fear that the Charter of Rights will be eroded.

The possibility of systematic recourse to the notwithstanding clause, and the erosion of the Canadian Constitution are extremely troubling for the generation of lawyers like myself who grew up and practised at the time when Canada adopted the Charter. I believe that over the last 36 years since it came into effect, the Charter was used only 15 times, and by only three Canadian legislatures. This bears witness to the fact that its exceptional use was the express intent of the provincial premiers and the Prime Minister of Canada at the inception of the Charter in 1982. It was meant to be a measure of last resort. The fact that it was only used 15 times in 36 years in only three legislative assemblies attests to that reality.

Both Prime Minister Chrétien and premiers Romanow and Davis, as well as the Honourable R. Roy McMurtry, energetically contended that that was not the intention at the outset. They knew, since they were there.

It is not sufficient to simply express one's disappointment to see the Premier of Ontario use clause 33 to systematically request that judicial decisions in connection with our constitutional rights be annulled, or simply to declare that we have to defend our Constitution. Former Prime Minister Martin swore to never use the notwithstanding clause in connection with federal laws. Former Prime Minister Mulroney is also firmly opposed to the use of this provision.

Could the committee recommend to the federal government that it respect the clear commitment made by two prime ministers, one from the Liberal party and the other from the Conservative party?

Let me be clear. Some have stated that the only two ways to address this issue are to either open up the Constitution and make an amendment to limit the inappropriate use of section 33, or to invoke something that most of us think is a constitutional dead letter, the so-called disallowance power. I want nothing to do with either of those options. I hope I've made that clear.

The reason for my motion is to see if experts and Attorneys General can generate other options. For example, is it now a “convention”—that is, part of our unwritten Constitution—that since the resort to section 33 has been so infrequent, and since the politicians who brought the charter to us have all confirmed the original intent, perhaps there is already a convention to that effect? Alternatively, perhaps Canadian leaders of goodwill could commit to limit its use, as I believe the framers of the charter intended.

Mr. Chair, I don't have all the answers. I don't pretend to. That is why I believe this committee is the appropriate place to show leadership and to try to come up with answers using the best expertise available to us.

In conclusion, thank you for your indulgence. I would ask that each of you consider this motion for what it is: an opportunity to begin an open-minded discussion with constitutional experts and others who may wish to join us, so that we might learn from them and evaluate options that could be employed to protect all Canadians' charter rights from the routine and systematic use of the notwithstanding clause.

I look forward to a vote today on this critically important issue.

Public SafetyPetitionsRoutine Proceedings

September 24th, 2018 / 3:10 p.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

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

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

National Defence ActGovernment Orders

September 21st, 2018 / 12:35 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Firearms ActGovernment Orders

September 20th, 2018 / 4:15 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

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

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

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

Firearms ActGovernment Orders

September 20th, 2018 / 3:35 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Firearms ActGovernment Orders

September 20th, 2018 / 3:30 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

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

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

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

Firearms ActGovernment Orders

September 20th, 2018 / 3:20 p.m.
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Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

This is a test.

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

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

Let us keep this simple.

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

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

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

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

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

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

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

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

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

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

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

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

Firearms ActGovernment Orders

September 20th, 2018 / 1:50 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, my colleague stated that this is to deal with legal firearms, not the illegal ones, and yet over and over again the mantra behind this is that we are going to deal with gun violence, crime and gangs.

I do not understand. The bill in no way deals with organized crime and the vast majority of crimes committed with firearms in Canada, so it is ineffective here. I mentioned earlier it is like taking a fly swatter to the elephant in the room. When it comes to participating in organized crime, material benefits from human trafficking, abducting a person under the age of 14, these are serious crimes. The government has said that with Bill C-75, it is going to adjust the penalties for these serious crimes to where it can be as low as a fine.

There is mixed messaging here, and I am wondering if the member can explain to me why, when there is nothing in the bill about guns and gangs, the Liberals are choosing to focus, as she has said, on law-abiding gun owners rather than the criminals.

Firearms ActGovernment Orders

September 20th, 2018 / 1:35 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, I would invite my colleague to comment on the juxtaposition that takes place between Bill C-71 and Bill C-75.

Bill C-71 of course is a piece of legislation the Liberal government has brought forward that has to do with guns. Meanwhile, Bill C-75 has to do with decreasing sentences for a number of heinous crimes, including genocide. The Liberals are claiming that Bill C-71 would actually go after gangs and gun violence and that it would help make our communities safer. Meanwhile, Bill C-75 would appear to do the exact opposite by actually making life a whole lot easier for criminals.

I wonder if my colleague would comment on that.

Firearms ActGovernment Orders

September 20th, 2018 / 1:25 p.m.
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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I am very pleased to rise today to speak to Bill C-71,, an act to amend certain acts and regulations in relation to firearms.

I have many concerns with this piece of legislation, but as there is limited time, I would like to focus my remarks today on what I consider to be a shocking oversight. I believe that all of us in this place would agree that it must be the highest priority of a government to protect the lives and safety of its constituents, of the people they are serving. Of all our duties, this is the most profound.

In order to protect our citizens, to put effective solutions in place, it is vitally important that we understand the problem. In this case, it is to recognize who is committing the violent crimes within Canada. I believe there is a simple answer to that question, and it is gangs.

In 2016, one of every two firearms-related homicides was committed by organized crime, yet nowhere in this bill are the words “gang” or “organized crime” mentioned. At best, this is an unintentional oversight. At its worst, it is intentional. After all, the Minister of Public Safety and Emergency Preparedness himself spoke about this issue earlier this year, saying on March 18:

Criminal gun and gang violence is a grave threat to the safety of our communities. While overall crime rates in Canada are much lower than decades ago, homicides, gun crime and gang activity have all been steadily increasing. Gun homicides have almost doubled over the past four years—and more than half are linked to gangs.

Before continuing, I want to address one point about this statement. Statistics can provide a good basis for solid policy, but only if they are seen within their proper context. I believe the minister did not provide that proper context. The minister chose to use a particular timeline in the quote above, namely “four years”. As was made clear by his office, the year he is referencing is actually 2013.

Why is that significant? The minister claimed that gun homicides have almost doubled over the past four years. That statement is very misleading when placed in context. The year 2013 happened to have had the lowest number of firearms homicide ever recorded by Statistics Canada. The next closest year on record, 1998, had 13% more homicides.

The Liberals chose 2013 as the base year to make it appear as if gun homicides were growing at a shocking rate. Now the Liberals are using these statistics to justify punishing highly vetted, law-abiding gun owners by painting a picture of Canada as the wild west. However, an unbiased look at the numbers reveals a different story. If there is to be any comparison to the wild west, it would have to refer to our ongoing struggle with gang violence.

In 2016, gang members committed 114 firearms homicides compared with 134 total homicides in 2013, the year referenced by the minister. That is a shocking statistic, no matter how it is viewed. The minister noted that gang-related firearm homicides made up half of all firearms homicides in 2016. This is significantly above average and is a cause for concern.

How is it that after recognizing the central role of organized crime in firearms murders on March 8, the minister introduced a bill just days later that ignores organized crime?

Further, not only have the Liberals failed to meaningfully address gang violence in this bill, but in this bill's companion piece, Bill C-75, they are weakening the laws currently in place to combat gang violence. Bill C-75 amends the Criminal Code to lessen the sentences for serious and even violent crimes to as little as a fine. Among those crimes is participation in organized criminal activity, in other words, joining a gang.

What is the justification for lowering the legal penalties for gang members while punishing legal firearms owners? I cannot think of one. However, time and time again the Liberals have gone after legal firearms owners rather than the criminals who use firearms.

Gang members or other criminals are not going to be deterred by a law that further restricts legal firearms owners. They will only respond to laws that hold serious consequences for their illegal activities. The government had two opportunities to address the significant problem of gang violence, a problem the minister is very aware of, yet has failed to do so. The government has failed by weakening the punishment for gang activities, and again by not making changes to our firearms laws that would target gangs.

Not only does Bill C-71 do nothing to address gang violence, but it misses the mark on rural crime as well. My riding of Carlton Trail—Eagle Creek is a large and mostly rural riding. I have heard numerous concerns from constituents about the growing issue of rural crime. This place recognized the severity of that issue and passed unanimously the motion brought by my colleague from Lakeland, Motion No. 167. That motion will result in a committee study of rural crime. Every Liberal member who was present voted for the motion, including the Prime Minister. Surely that must mean the government understands there are unique problems faced by rural Canadians, yet nothing in this bill addresses rural crime.

Instead, Bill C-71 targets law-abiding firearms owners by, among other things, breaking the Liberals' election promise and reintroducing the wasteful and divisive long-gun registry through the backdoor. In this bill, the Liberals have introduced a backdoor registry by requiring firearms retailers to keep a registry of every firearm they sell for 20 years and by requiring private transfers to be verified by the registrar of firearms. This should come as no shock, but registrars keep registries. Firearms retailers would now be required to act as registrars themselves. They would be responsible for the cost of maintaining this information and for the security of that information. The private and personal information of millions of Canadians must by law be kept by a business for 20 years. These registries would be accessible by law enforcement and must be turned over to the government if the retailer goes out of business.

It is a registry by any other name, but the Liberals will now continue to refuse to use the term “registry” because they know how upset Canadians were about the last Liberal long-gun registry. They think that by not naming it and obscuring its location, Canadians will not notice. They are wrong. I have heard from hundreds of constituents who are frustrated that the Liberals have broken their campaign promise and reintroduced the firearms registry. They feel betrayed by the current government. They are disgusted that the Liberals would try to hide their broken promise behind technicalities and muddied language. They deserve better than to be treated like criminals.

In closing, I believe that we as parliamentarians have the responsibility to create laws that protect our citizens; that reflect real-world, objective data; that treat law-abiding Canadians fairly; and that address the concerns of Canadians regarding crime and gang violence. This bill does not meet any of those requirements. For this reason, I cannot and will not support Bill C-71.

Firearms ActGovernment Orders

September 20th, 2018 / 1:05 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, it is an absolute honour to rise in the House today to stand up for law-abiding gun owners as I declare my opposition to Bill C-71.

I will be sharing my time with the hon. member for Carlton Trail—Eagle Creek.

Today is my last opportunity to address the flaws in this failed legislation brought forward by the Liberal government. We all know the Liberals intend to ram it through the House of Commons without due process. They have already shown us that.

The Liberals shut down debate at second reading and at the Standing Committee on Public Safety and National Security, members of the committee asked that Bill C-71 be allowed a sufficient number of meetings and witnesses, but the Liberals decided to cut it short. They do not care about what law enforcement agents have to say. They do not want to give time to legislative experts. They certainly do not want to give voice to the Canadian public.

When those empowered turn a deaf ear to the people they represent, arrogance incapacitates any ability to exercise logic or common sense.

From the start, the government did not want to debate Bill C-71. It did not want to consult or listen; it wanted to just ram it through. The Liberals would rather push through this failed legislation that aims to deceive Canadians into believing that it actually would do something to protect them, when, in fact, it does nothing. In actuality, the Liberals are going after those who already follow the law. At the same time, the Liberals are putting legislation in place that would reward criminals.

Bill C-71 would create a backdoor long-gun registry. It calls for the confiscation of firearms that were legally purchased by Canadians and would allow the federal government to share firearms records with the province of Quebec. Furthermore, it would remove the ability of licensed firearms owners to transport their restricted firearms to a gunsmith or trade show.

Bill C-71 is flawed legislation that would crack down on responsible, law-abiding firearms owners and would do absolutely nothing to go after those who would engage in violent crime.

The Liberals are rushing through flawed legislation that would potentially criminalize tens of thousands of responsible citizens, while allowing a whole host of criminals to go free.

When I was in Nunavut this spring, I had many opportunities to speak with hunters. These Inuit hunters talked to me about the potential implications of the legislation and how upset they were by it. At the public safety committee, indigenous leaders said that the legislation actually threatened them and, therefore, they could take legal action against it, that it infringed upon their constitutional rights.

I am proud to live in the southern Alberta riding of Lethbridge. Many families there enjoy the heritage of hunting and sports shooting. These are peaceful individuals. They are peaceful gun owners, men, women and youth. They have the opportunity to use their firearms in a responsible manner and have gone through a rigorous vetting process in order to do so.

When I talk to my constituents, they are deeply concerned about Bill C-71. In fact, I recently sat down with my youth advisory board. It is a non-partisan group of individuals between the ages of 16 and 24. I had the opportunity to listen to their thoughts. This is what they wanted me to share with the Prime Minister on their behalf.

They asked me to remind the Prime Minister that he was the leader of a country and not a teacher in a high school drama classroom. They asked me to remind him that he needed to lead with honesty, that he needed to function with integrity and that he needed to stop attacking those who owned their firearms legally and used their guns responsibly. Instead, they asked him to put legislation in place that would go after the real criminals.

They called this legislation “absolute nonsense”. They said that this legislation was an emotionally charge response to a problem in the United States and unfairly punishes law-abiding Canadians. Furthermore, they begged the question, “Why is the Prime Minister skewing facts and telling mistruths in order to pass this legislation that punishes those who lawfully own a firearm?”

The fact that indigenous people across the country and the youth of my riding strongly oppose this bill should be some indication to the House that there are huge flaws. However, there is more.

Yesterday, I had the pleasure of standing in the House and presenting e-petition 1608. As the sponsor of this petition, which calls for the repeal of Bill C-71, I felt it was absolutely essential to provide Canadians with the opportunity to oppose the Liberals' reckless and nonsensical legislation.

This petition was started by a 15-year-old in my riding by the name of Ryan Slingerland. As an informed and engaged young Canadian, he was upset when he learned about the Liberals' failed legislation. To quote Ryan directly, he said, “law-abiding citizens are not the issue with gun violence”.

With more than 86,000 signatures, e-petition 1608 is the second most signed e-petition in Canadian history. It sends a strong message to the Liberal government, and that is to back off.

The e-petition has signatories from every single province and territory, which means this is an issue that impacts our country as a whole. There are voices standing up in unity from coast to coast, asking the government to do something about the real criminals and to stop going after those who are law-abiding citizens.

The government is clearly more interested in painting a picture of caring rather than actually caring about the safety of Canadians. That is wrong. That is not good governance. Canadians from coast to coast can tell this, and they are calling on the government to be honest and to put proper legislation in place.

Good governments rest on the principle of listening, followed by action. Therefore, on behalf of law-abiding gun owners, I am pleading with the government today to exercise wisdom, to do what is right and take a step back.

The irony in all of this is that while the Liberals are demonizing hunters and sports shooters, the Prime Minister is actually reducing penalties for a massive list of extremely serious crimes. I am talking about participating in a terrorist group, trafficking women and girls, committing violence against a clergy member, murdering a child within one year of his or her birth, abducting a child, forcing marriage, advocating for genocide or participating in organized crime. The list goes on and on. That is just a sample.

Under Bill C-75, the government is reducing the penalties for these crimes. Does that sound like a government that cares about taking criminals off the street? Does that sound like a government that cares about protecting the well-being of Canadians, about making sure that moms are safe at home with their kids, or that they are safe at the park, or that Canadians are safe to go and enjoy an ice-cream cone out on a patio on a public sidewalk? Does that speak of a government that actually cares about our general border safety and control and security of the country? No, absolutely not.

A government that cared about the well-being of Canadians would put laws in place that would combat gang violence and organized crime. That government would not go and reward those people.

The current government is saying that it wants to keep Canadians safe and prevent gun violence, but Bill C-71 does absolutely nothing to accomplish this end. It fails to address gang violence. It fails to address the issue of illegal firearms and it fails to address rural violence and crime. In fact, the Liberal government's failure is so severe that of the $327 million it earmarked to tackle gun and gang violence, not a single penny has gone out the door.

Again, I ask this. If the government were really concerned about the well-being of Canadians and wanting to tackle crime and go after perpetrators, should it not be rolling out the money it put in the budget to do so? However, it is not concerned about that at all. Instead, it is concerned about going after the women and men who properly own their firearms, who have been extensively researched, who have a licence and are able to possess their firearm legally and use it responsibly. Why is the government doing that?

Bill C-71 targets those people unfairly and it creates the failed long gun registry that cost Canadians $1 billion to set up the very first time. I am proud to be part of a party that scrapped that wasteful legislation. We have vowed to do the same thing when we become government again.

Furthermore, it should be noted that the legislation before the House also unfairly turns thousands of Canadians into criminals overnight. It does this by reclassifying a number of firearms as prohibited. I am talking about firearms that are legally brought into Canada and that are legally possessed. This has been done for years. These individuals would, overnight, be in possession of something that would be illegal, thanks to the government.

Not a single one of the measures being put in place would take guns out of the hands of criminals. Criminals do not purchase their guns legally and they certainly do not register them.

In summary, Bill C-71 is yet again another failed piece of legislation from the government. It does absolutely nothing to protect our communities, to make them safer or to target those who are responsible for crime.

I am proud to say that a Conservative government will repeal and replace this legislation. We will replace it with a law that targets criminals, protects Canadians and respects those who lawfully own their firearms. That is a good government. That is the government that the House will see in 2019.

Firearms ActGovernment Orders

September 20th, 2018 / 12:45 p.m.
See context

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, I want to thank our colleague for her speech today, especially the part where she described a number of scenarios where people's lives were taken.

Any senseless gun violence is a terrible thing, as everyone in this House agrees. However, the unfortunate thing here is that this legislation is completely weak in dealing with that particular issue. We keep hearing the terms “gangs” and “crime with guns” coming from the mouths of the members here, but this legislation does nothing to deal with that. It is like taking a fly swatter to kill an elephant, and this elephant is huge in our society.

Therefore, we have deep concern on this side of the floor about dealing with gang violence and gun violence, which brings me to this point: If the member and her colleagues are truly concerned about this, why then are they prepared to remove penalties for serious crimes with Bill C-75, such as participating in an organized crime, or getting material benefits from human trafficking, or abducting a person under the age of 14?

These are serious crimes, often using guns and gangs, yet that members on that side of the floor appear prepared to remove serious penalties to the point where they could be as low as a fine. How can this be a reasonable behaviour when they are prepared to basically penalize law-abiding gun owners with more red tape?

Some of the smaller issues in this bill are good, but the majority of the bill is useless and would do nothing but create more bureaucracy in the form of a registry. It would do nothing about these issues, which they are prepared to turn a blind eye to.