An Act to amend the Criminal Code (possession of unlawfully imported firearms)

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

This bill was previously introduced in the 43rd Parliament, 1st Session.

Sponsor

Bob Saroya  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (House), as of Feb. 27, 2020
(This bill did not become law.)

Summary

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

This enactment amends the Criminal Code to provide that a person who is charged with an offence in respect of the possession of a firearm that is alleged to have been unlawfully imported into Canada is required to demonstrate that their pre-trial detention is not justified. It also increases the mandatory minimum penalty for the possession of such weapons.

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

Jan. 27, 2021 Failed 2nd reading of Bill C-238, An Act to amend the Criminal Code (possession of unlawfully imported firearms)

Criminal CodeGovernment Orders

October 27th, 2020 / 4 p.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I have had the pleasure of serving with the hon. member for the better part of a decade, and I want to thank him for a powerful, emotionally affecting and very courageous speech that really spoke to the profound importance of this bill. It also highlighted how damaging and dangerous stigmatization is.

I want to pivot to something else. In another piece of federal legislation or policy, there is a ban on blood donations from men who have sex with men, which is not based on science but on stereotype. We allow a sexually promiscuous heterosexual man who engages in dangerous activities to donate blood, but two gay men in a loving, stable, monogamous relationship are not allowed. The government still maintains a ban that stops men who have sex with men from donating blood, based on the most base stigmatization.

I wonder if the member would agree with me that it is time to end this discriminatory ban.

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October 27th, 2020 / 4 p.m.


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Liberal

Rob Oliphant Liberal Don Valley West, ON

Mr. Speaker, I agree 100%.

Not long ago, earlier in the year, I walked by Northlea Public School in my riding. There was a blood donor clinic there. Some of the kids asked me if I was there to give blood. I said, “No, I am not allowed to give blood.” It is wrong that I am not allowed to give blood, and it is a loss to Canadian society that I am not allowed to give blood.

I will not stop working, even with my own government, until the issue around blood donations is based on behaviour, not on orientation. It is not scientific. It is not right. It is wrong, and it is part of the legacy of discrimination. I am really glad the member asked me that question because I wanted to get that out.

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October 27th, 2020 / 4 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

Resuming debate.

Is the House ready for the question?

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October 27th, 2020 / 4 p.m.


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Some hon. members

Question.

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October 27th, 2020 / 4 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

The question is on the motion.

If a member of a recognized party present in the House wants to request a recorded vote or request that the amendment be passed on division, I invite them to rise and so indicate to the Chair.

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October 27th, 2020 / 4 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Mr. Speaker, I would request a recorded vote.

And one or more members having risen:

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October 27th, 2020 / 4 p.m.


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Conservative

The Deputy Speaker Conservative Bruce Stanton

A member having risen, pursuant to order made on Wednesday, September 23, the division stands deferred until Wednesday, October 28, at the expiry of the time provided for Oral Questions.

The House resumed from October 21 consideration of the motion that Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), be read the second time and referred to a committee.

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October 27th, 2020 / 4 p.m.


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Green

Jenica Atwin Green Fredericton, NB

Mr. Speaker, I recently celebrated one year since I became an MP. In my role, I have had the incredible opportunity to learn every day. I listen to people, organizations and advocates, and the discussion around medical assistance in dying is truly about listening. Today I will add my voice to an issue that affects us all.

Talking about death and dying is still taboo in our society, yet each of us must face it, not only for ourselves, but also for the ones we love. This conversation does not come easily, but for those whose time is closer than others, we owe it to them to listen and to act in passing this bill.

The debate on Bill C-7 has been passionate, emotional and raw, and rightly so. I wish to congratulate and offer my gratitude to each member of the House for their efforts on behalf of their constituents, family members and friends. Each of us has been speaking with our community members to learn their thoughts and hear their stories. Human agency has been on display, and the speeches before the House have shown professionalism and integrity, with a deep commitment to the fundamental rights of Canadians.

Sometimes we need a reminder that our constitution is a beautiful thing. It is the crux of why I am so proud to be Canadian, and why I feel so honoured to have the privilege to defend and uphold the Charter of Rights and Freedoms.

I remember first learning in depth about the charter as a grade 11 student. I remember the way it made me feel, the way it made me think about our lives and our interactions with one another, and the empowerment that it brought into focus. It was right around this time that I knew I wanted to some day to be involved in politics. While that seems like ages ago, it was only recently I learned about the urgency in amending our laws specifically concerning the issues within the legislation on medical assistance in dying and how it interacts with the charter.

I sat with it, without lived experience, and I thought of many what-if situations. I thought of the various scenarios and scary predicaments I would not want to face out of the risk of overstepping constitutional rights, if mistakes were made. I heard some of these same concerns from many stakeholders, from those who are concerned about how this would impact people living with disabilities or with suicidal ideation. I have listened to those concerns, and filtered this legislation through those important lenses. While I know some of these people may still disagree with me, I want them to know that I am confident this legislation strikes a balance and it will not have the impact they fear.

I also sought out opportunities to speak to individuals who had a personal connection to this legislation, and as it turns out, many people are willing to discuss their wish for dignity in dying, as well as their concerns about the current process and these proposed amendments. These individuals shared with me their efforts to pursue their right to bodily autonomy in their final moments on earth. In the powerful conversations I have had, the specific issues of advance requests and mental competency, as well as the discretionary role of a foreseeable death, were the exact hurdles to the peace of mind that would come from having control over their own death and final control over the pain.

There are Canadians right now who are suffering intolerably and enduringly. They already have do-not-resuscitate orders. They have made final wills and testaments, and have pre-paid for funeral arrangements. They have demonstrated their competence in preparing for death. They should be trusted to make a decision about the nature of their own death as well. If we rob them of this opportunity, then we have failed them. We have allowed our laws to overstep into bodily integrity and autonomy, an infringement of our protected right to security of the person.

I also want to address the language of “assisted suicide” and “euthanasia”. Our words are important, and it is important to remember that this bill is to amend a bill on medical assistance in dying. We know that a medical prognosis is the safeguard. It is the authoritative layer that protects individuals who are vulnerable.

The reality of the situation facing real Canadians is that co-occurring mental and physical illness is extremely common and should not be a barrier to anyone's right to bodily autonomy at the end of their life. Severe depression often accompanies other medical illnesses, and has a high rate of occurrence among persons with disabilities. As a further example, an individual may be bipolar and later develop terminal cancer. This pre-existing condition, likely to flare up in such a stressful time, cannot be the reason to deny the will of an individual to determine their final moments.

In conclusion, I remain firm that mental illness in Canada requires rapid access to effective mental health services, including in-person counselling and access to psychiatrists where necessary, as well as wraparound community supports. We also need to set national standards for long-term care to ensure that the facilities intended to house older adults are providing a quality of life that keeps them healthy and active throughout their later years, and we need to invest in robust palliative care to ensure there is dignity in living, even through those final difficult days.

I think of Hospice Fredericton and the peaceful, beautiful experience people and their families have in that environment. The option to welcome death peacefully should be an option for those who want it. We must also value and listen to Canadians with disabilities and their advocates. We can do all of these things and still pass this bill.

I do not believe that MAID introduces the risk that some patients will be forced to receive this procedure against their wishes. There are preventive measures capable of eliminating this risk. I do believe that my duty to uphold the Charter of Rights and Freedoms means passing legislation like this to uphold security of the person for all Canadians at all moments during their lives.

I will be proudly voting for this legislation. This is about justice. It is about empathy. It is about choosing to respect one's wishes and not interfering in that decision. It is about giving peace of mind to people, so the final chapter in their lives can be written in confidence, and their story can be concluded according to their own volition.

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October 27th, 2020 / 4:10 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Mr. Speaker, this is very important legislation, which, in essence, comes out of a court ruling. The debate in the House really began on this issue after the last federal election, again due to a Supreme Court ruling. Listening to the many speeches on this has been very touching. I suspect it will receive unanimous support, at least I am hopeful it will.

In debate, a lot of members have been talking about related issues, such as the importance of palliative care and the need to do more in that area. To that extent, I would ask my colleague what her thoughts are on how important it is for the federal government to be working with provincial governments in dealing with some of the issues we have before us, including palliative care.

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October 27th, 2020 / 4:10 p.m.


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Green

Jenica Atwin Green Fredericton, NB

Mr. Speaker, it makes me think about where I am in my life and what the future could possibly hold. I know it really comes down to that choice. I hope that at that point in my life, there is effective palliative care to ensure that I have the choice to live with dignity until the end, if that is what is best for me as an individual.

Absolutely, we need to do far more, and we need to collaborate with our provincial counterparts. This is a huge piece of why I also advocate for an increased health transfer for Atlantic provinces. We know we have an aging population. This is an issue we must confront, but the other piece is to ensure dignity in dying as well.

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October 27th, 2020 / 4:10 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, my colleague across the way gave a great speech. I want to talk a little more about palliative care, as I am obviously a passionate advocate.

My mother passed away this past week, and she was fortunate enough to have excellent palliative care, as we do in Sarnia—Lambton. The government made a good beginning on the palliative care framework and starting down that path, but it has really not put a lot of muscle in it since then, especially during the COVID pandemic with so many people needing palliative care at the end. We need to have that to ensure people can make that choice.

I wonder if the member could share her thoughts on what the government ought to do to boost its efforts in this area.

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October 27th, 2020 / 4:10 p.m.


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Green

Jenica Atwin Green Fredericton, NB

Mr. Speaker, my condolences to the member and her family on their loss.

This continues from what I have been saying, but I think it is important for us as opposition members to continue to hold the government accountable on some of these promises and initiatives. We hear great things in some of the speeches of members opposite, and in the throne speech, but we need to see the action in the legislation that correlates. I will certainly do all I can to push for better palliative care across this country.

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October 27th, 2020 / 4:10 p.m.


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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I thank my colleague from Fredericton for her comments.

My question is very simple. What would she like to see added to this bill? Does she think the bill goes far enough? How could we improve it to enhance the quality of end of life care for people who need it?

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October 27th, 2020 / 4:10 p.m.


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Green

Jenica Atwin Green Fredericton, NB

Mr. Speaker, for me, one of the key issues that has been brought forward by constituents is the concept of remedial mental illness and how this might impact people's ability to follow through with their wishes.

As an advocate for mental health supports, it is such an important question and I want to be really careful and clear. As I mentioned, co-occuring disorders often exist, and that should not be a reason for someone to not be able to pursue dignity in death when experiencing another physical illness. It is a very specific issue, and I hope to see that addressed and the legislation changed.