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 CodePrivate Members' Business

January 25th, 2021 / 11:30 a.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, on a point of order, the interpreter has indicated twice that the sound quality is not good enough for her to interpret. Maybe we could look into getting that fixed.

Criminal CodePrivate Members' Business

January 25th, 2021 / 11:30 a.m.


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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

We have to check the sound quality because the interpreter is having a hard time hearing the member. I see that the hon. member has her headphones and microphone on. Is everything plugged in?

The hon. member for Kingston and the Islands.

Criminal CodePrivate Members' Business

January 25th, 2021 / 11:30 a.m.


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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, on a point of order, the interpreter also indicated that there are other people who are not muted, which is making it difficult for the interpreters to hear.

Criminal CodePrivate Members' Business

January 25th, 2021 / 11:30 a.m.


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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I would like to remind all members participating virtually that they have to mute their microphone so that the interpreters can hear only the person speaking.

The hon. member for Avignon—La Mitis—Matane—Matapédia.

Criminal CodePrivate Members' Business

January 25th, 2021 / 11:35 a.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

There has been no progress despite data from Statistics Canada showing that the number of gun homicides increased every year between 2016 and 2019 and that this surge in homicides tracks closely with the Harper government's major dismantling of control measures starting in 2012.

In a letter sent to the Minister of Public Safety in November 2019, relatives of victims of the shootings at the Polytechnique, Dawson College, and the Quebec City mosque, as well as the father of a police officer killed in the line of duty, unanimously called on the Liberal government to implement an immediate moratorium on the sale of assault weapons and a permanent ban on the importation and manufacture of handguns.

As members know, in August 2018, Montreal city council passed a motion calling on the federal government to ban assault weapons and handguns. The mayor of Montreal, Valérie Plante, stated at the time that approximately 30% of violent crimes committed between 2013 and 2016 involved a weapon and that two-thirds of these were handguns. Despite all these good reasons to take action to more broadly limit access to weapons, gun violence continues to be widespread on our streets. Bill C‑238 specifically seeks to amend the Criminal Code to impose tougher penalties on those who illegally import firearms, with minimum sentences of three years for a first offence and five years or more for repeat offences.

Increasing the length of minimum sentences is a good thing, but we are concerned that this will unfortunately not have a marked impact on the importation of illegal weapons. More importantly, we are concerned that it will not have a significant impact on reducing violence in our communities.

The Conservatives' desire to address the issue of access to firearms is legitimate, but is it genuine? Unfortunately, history has shown us otherwise. My concern is that a bill like this one could be used as a justification for refusing to support broader restrictions on military-style assault weapons and handguns.

Although organized crime groups often use imported or stolen weapons, and I strongly believe we need to address this issue, a large number of violent crimes are committed with weapons that were legally imported or obtained, as was the case with the attacks at the Quebec City mosque, Dawson College, the former Métropolis and École Polytechnique in Montreal. At the end of the day, if we want to stop such massacres from happening, we need to ban handguns and military-style assault rifles, which exist only to kill human beings and have no place in our society.

How are they still allowed in this country? How have successive federal governments ignored calls from Quebeckers and Canadians to ban these weapons, which are designed to slaughter human beings and carry out unspeakable acts of violence? The government has made promises in the past.

In September 2019, the Prime Minister said that assault weapons, like the semi-automatic AR-15 rifles used in many massacres in recent years, would be banned if Canadians re-elected the Liberal Party. He also said that a Liberal government would work with the provinces to empower municipalities to ban handguns.

This is meant to be a cautious approach, but the government has yet to follow through. We have to wonder how cautious an approach can be if people continue to have access to such deadly weapons after Quebec and the rest of Canada have experienced—

Criminal CodePrivate Members' Business

January 25th, 2021 / 11:40 a.m.


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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I am sorry to have to interrupt the member again, but there seems to be a problem with an echo.

When I speak French, do the members hear the interpretation well?

The hon. member for Avignon—La Mitis—Matane—Matapédia has done everything she can. All I can do is ask her to speak more slowly for the rest of her speech in hopes that that will help the interpreters.

Criminal CodePrivate Members' Business

January 25th, 2021 / 11:40 a.m.


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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

I am so sorry, Madam Speaker.

We are in the midst of a crisis, a pandemic, and countless people have been victims of the deadly combination of increased violence and greater psychological distress. If the Liberal government truly wanted to do the responsible thing about firearms, now would be the time.

Tougher restrictions should have been implemented a long time ago. It is time to take action. Bill C‑238 may not look like it would have a negative impact on efforts to control firearm usage, but it does not fix the problem. Sadly, it is not the answer we are seeking to a much bigger problem. The government cannot and must not allow itself to believe that this kind of measure counts as taking action on gun control. This measure is a sneaky and downright dishonest response to the pleas of thousands of families whose loved ones were collateral victims of shootings that have happened over the years in our communities, whether the weapons involved were legally imported or not.

We would of course like to see this bill sent to committee for study. I hope the other opposition parties will be supportive and that the government will work with us to bring in broader, more restrictive measures, because the safety of our fellow citizens is at stake.

Criminal CodePrivate Members' Business

January 25th, 2021 / 11:40 a.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I wish everyone a happy new year. It is very good to be here in the House again virtually, and I certainly hope that 2021 will be much better than 2020.

Today I am here to speak about Bill C-238, a bill that talks about the possession of unlawfully imported firearms.

I represent a rural riding. I grew up in a household where several of my family members were legal gun owners. They followed the rules, and I was taught gun safety as a matter of respect. I grew up eating wild meat, and hunting was a significant part of my family life.

I have met with many legal gun owners in my riding who have talked about the frustration they feel about the rules always focusing on them rather than addressing their legitimate concerns about illegal guns and how they get into our communities. This is such an important subject.

I have also heard from constituents across Canada who are very concerned about gun violence in their communities. We heard a couple of examples earlier today. We look at the realities of domestic violence when guns are used and the awful violence we have seen across Canada, and I believe that all Canadians really want to see this addressed.

Today I am here to specifically discuss the bill before us, which would amend section 96 of the Criminal Code to impose a mandatory sentence of three years for possession of a firearm known to be illegally imported to Canada, increase the maximum sentence from 10 to 14 years and a few others things. This is an offence that I agree should be taken very seriously. In fact, an amendment like this to the Criminal Code would be something I could discuss and agree to. However, this bill is written in a way that will lead it to follow the same path a similar bill did in 2013, and the Supreme Court of Canada ruled it unconstitutional.

I have worked with the House of Commons legislative team to write several pieces of legislation. This is a lot of hard work, and I know that the amazing folks here provide feedback about what will work and what may have some potential challenges for the legal system in Canada. I am very curious about why the member has brought forward legislation that is unconstitutional, when the need to bring forward laws to improve this gap is so very important. I am not interested in supporting legislation that will be defeated in the Supreme Court of Canada, cost a lot of taxpayer dollars and not support the safety of communities.

Not too long ago, I met with a group of gun owners in my riding. It was a very informative meeting, and what I heard repeatedly were two main points: One, when we look at gun policy in Canada, we must have a renewed focus on keeping illegal guns out of our country; and two, we need more education in Canada about the strong rules we have around guns, which would allow people to better understand the rules and hopefully create a sense of increased safety. I will address both of these points today.

I agree that keeping illegal guns out of Canada must be something we see an increased investment in. Between 2011 and 2015, we saw the Canada Border Services Agency, the CBSA, under the previous Conservative government, cut over 1,000 positions. This is important because it has left a significant gap in the capacity of CBSA to do the work to reduce the number of guns being smuggled into Canada illegally. This concerns me greatly.

About two years ago, a constituent invited me to come to the shooting range with him in the riding. He wanted to showcase the rules and how he followed them. I agreed so that I could learn the realities of these folks in my region.

The first thing he told me was that I would have to come to his house to ride with him, as he could not stop his vehicle to pick me up with a gun in his vehicle. The rules in Canada meant that he had to go straight to the range. At his home, he showed me the way he stored his guns, separate from ammunition and with everything locked away. He also showed me how guns were safely transported. I learned a lot that day, and I really appreciate the time he took with me.

He also shared that he felt very concerned about gun violence in Canada. He knew that the things that had happened across our country, that had seen people killed and had brought fear to our communities, were very concerning and needed to be addressed in a meaningful way. He also felt that the majority of gun owners follow the rules very carefully. Figuring out how to identify the ones that did not and stopping the movement of illegal guns were his main priorities.

In 2018, our leader wrote a letter to the Prime Minister challenging the government to address the root causes of gun violence in our communities, the key things that really should be addressed in a meaningful way, such as poverty, substantive housing, and addressing people before they get to a place where violence has become an everyday reality. He also asked the PM to increase supports to the CBSA to give it the capacity to stem the illegal flow of guns from the United States into our country. What have Canadians seen? At this point, the Liberals have only returned 200 positions of the 1,000 the Conservatives cut. That is simply not enough.

I also want to say that I agree with my constituents and the idea that Canadians need to better understand the rules legal gun owners follow in this country. A few years back, I took a course required for Canadians to receive their possession and acquisition licence. Sid Nielsen, a constituent of mine, has been teaching this course for many years and has done a fantastic job.

My classmates were a wide variety of people. I remember one in particular was a woman who had no plan to ever use a gun, but her husband owned several, and they wanted to make sure that, if anything happened to him, she could follow the rules of keeping the guns safe. I think this speaks to a really important point, which is that there are many important stories of how people are trying to be safe in Canada.

It is time to take a stand that is meaningful. I hope this member takes the intent that I believe he meant and creates legislation that is actually constitutional, so we can start to address in a meaningful way how to stop illegal guns from coming into our country.

I also hope to continue to push the Prime Minister to make sure that our communities are safer and provide more resources where they are needed in the front lines to stop gun violence and also to make sure that we have more CBSA agents to stem the flow of illegal guns into Canada. Gun violence is very scary. I think when Canadians across this country look at some of the terrible realities we have faced, we want to make sure that the laws are there to protect us all. Let us work on that together.

Criminal CodePrivate Members' Business

January 25th, 2021 / 11:50 a.m.


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Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I appreciate the opportunity to rise and speak on Bill C-238, an act to amend the Criminal Code regarding the possession of unlawfully imported firearms. I would like to thank my colleague, the member for Markham—Unionville, for his thoughtful and hard work on this critical issue.

I am extremely proud to represent the people of South Surrey—White Rock and to call this beautiful part of our great nation my home, but despite the many great things about this vibrant, wholesome community, my constituents and I share a growing concern about gang-related gun violence on our streets. Over the holidays, tragedy struck our community and nearby. On December 28, Tequel Willis was shot eight times as he exited a taxi in Surrey. Tequel was 14 years old. He was pronounced dead on the scene. He is believed to be the youngest-ever victim of gang violence in B.C.

A day earlier, emergency services responded to a call for help in Surrey and found 19-year-old Harman Singh Dhesi with gunshot wounds. He later died in hospital. Unfortunately, these are not isolated incidents. In a four-day stretch earlier this month, 28-year-old Dilraj Johal from Surrey was found dead with gunshot wounds in neighbouring Richmond; Anees Mohammed, 29, was shot and killed in Steveston Community Park, which is in a riding close to mine; and Gary Kang, 24, was gunned down in his parents' Surrey home, which is actually very close to where I live. Something needs to be done to address this grim reality.

Our hard-working Canadian border agents who process around 100 million travellers annually have seized more than 4,200 guns at the border since 2014, but despite their best efforts, which I commend them for, experts believe many smuggled guns go undetected. While it is difficult to know exactly how many firearms get through customs illegally, some estimates suggest 70% or more of crime guns in Canada are smuggled in. We also know that two in five homicides committed in Canada in 2019 were committed with a firearm, 60% of which were handguns.

I am concerned not only because of the recent violence in my community, but also because my Lower Mainland riding shares a border with the United States. Along that border are two legal border crossings, Douglas and Pacific Highway. My community is also home to the Peace Arch Provincial Park, which runs along the border and allows visitors from both sides to visit without officially making entry into the neighbouring country. In addition to the southern border, B.C. shares a second border with Alaska, and the harbours along our Pacific coast receive international shipments every day.

Our neighbours to the south are our closest allies, our biggest trading partner and, in many cases, our friends and family, but the fact remains that it is much easier to access guns south of the border and too many of those guns are winding up on Canadian soil. That is why I support my Conservative colleague's private member's bill to increase the penalties for the possession of unlawfully imported firearms. Bill C-238 would address the problem in two ways: by increasing mandatory sentencing and making it more difficult for persons charged to be released on bail.

Let us first consider the mandatory sentencing. If one is prosecuted by indictment, this bill would raise the minimum sentence for possessing an unlawfully imported firearm that the person knows was obtained by the commission of a crime from one to three years, and the maximum sentence from 10 years to 14 years. Section 718 of the Criminal Code sets out six objectives for sentencing. The first three are (a) denouncing unlawful conduct, (b) deterring offenders and (c) separating offenders from society. The increased sentences under Bill C-238 would accomplish all three.

The longer sentences would make clear to all Canadians that the possession of a smuggled firearm is a serious offence that will not be tolerated, effectively denouncing the activity in the clearest of terms. The threat of an increased penalty would deter some criminals from possessing these smuggled arms. This deterrence, in effect, should also affect the supply chain. Less demand for smuggled guns should mean less smuggled guns in the first place. As for separating offenders from society, those convicted of this dangerous crime would be kept off the streets for longer, ensuring that they are unable to commit additional, potentially dangerous, crimes.

Last October, the NDP member for St. John's East argued, as did the member for North Island—Powell River today, that the mandatory minimums in this bill are unconstitutional. Both members pointed to the 2015 Supreme Court decision in R. v. Nur.

In that case, the court struck down the minimum sentence for possession of a prohibited or restricted firearm with access to ammunition, but the law in that case is distinguishable from the bill at hand.

In Nur, Chief Justice McLachlin, writing for the majority, reasoned that the three-year minimum sentence for possession of a prohibited or restricted firearm with access to ammunition violated section 12 of the charter as cruel and unusual punishment, because when applied not to the actual facts of that case but to reasonably foreseeable facts, the sentence would not fit the crime.

One reasonably foreseeable scenario the court used as a hypothetical was “the licensed and responsible gun owner who stores his unloaded firearm safely with ammunition nearby, but makes a mistake as to where it can be stored.” The court explained that in this reasonably foreseeable hypothetical, the minimum sentence would be grossly disproportionate to the crime. According to the court, the “bottom line” was that the possession of a prohibited or restricted firearm with access to ammunition offence “foreseeably catches licensing offences that involve little or no moral fault and little or no danger to the public. For these offences three years' imprisonment is grossly disproportionate to a fit and fair sentence.”

Clearly, the court's reasoning in Nur would not apply here. The possession of an illegal smuggled firearm that the accused knows was obtained through crime is not a mere licensing offence involving no moral fault or danger to the public. There is no reasonably foreseeable scenario in which someone, by licensing error or otherwise, accidentally violates the law against possession of a smuggled firearm that they knew was illegally obtained. To the contrary, these are guns that are bought and sold on the black market with their serial numbers shaved off, used in the commission of dangerous crimes. The mandatory minimums in the bill, I believe, are both constitutional and warranted.

The bill would also subject those charged with possession of a smuggled firearm to reverse-onus bail. For most crimes, the onus at the bail hearing is on the prosecution to show why the accused should be detained. However, subsection 515(6) would provide that for several enumerated crimes, this onus would be reversed, and instead the accused would have to show why they should be released.

Under the current scheme, several firearm-related offences already call for reverse-onus bail. This includes weapons trafficking and possession for purposes of weapons trafficking.

As mentioned earlier, my community has recently experienced a spike in gun violence, with victims tragically as young as 14 years old. As a member of Parliament and mother, there is no higher moral obligation for me than the need to keep our children and communities safe. Simply put, this bill would make my community and many like it across Canada safer places to live. That is why I support Bill C-238 and urge other members to do the same.

Criminal CodePrivate Members' Business

January 25th, 2021 / 11:55 a.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, happy new year to you and to all my colleagues joining us virtually from around the country. It is a pleasure to see everyone and to reconnect in this format.

I am pleased to speak today on Bill C-238, which was introduced by the member for Markham—Unionville in February of last year and would propose to amend the Criminal Code, as we have heard throughout the discussions this morning.

First of all, I applaud the laudable objective of curbing illegal gun activity and I appreciate that the sponsor sees these measures as important for targeting organized criminal activity. Violence through firearms poses a real and significant public safety risk to many communities, including those that have experienced mass shootings. Nevertheless, I am of the view that this bill should not be supported, and I will explain why.

The government has repeatedly acknowledged that gun violence and gun crime is an increasing problem in Canadian society that needs to be addressed with a comprehensive strategy. This was recently reiterated in the Speech from the Throne in September of 2020. That is why the mandate letters of the Minister of Justice and the Minister of Public Safety have committed to the implementation of a robust set of firearms amendments, including the imposition of stronger penalties for gun smuggling. It is also why the government has already taken concrete steps to curb firearms violence, including the May 1, 2020, prohibition on military-style assault rifles with a two-year Criminal Code amnesty and a buyback program.

On May 1, 2020, the government delivered on its commitment regarding military-style assault weapons by implementing a regulation banning 1,500 models of assault-style firearms that pose a significant threat to public safety and are not necessary for hunting or sport shooting.

The government also issued an order to give law-abiding firearms owners a two-year amnesty period to protect them from criminal liability while they take steps to comply with the act. By so doing, the government was clear: It took measures to enhance public safety while reducing unnecessary risk for the public. As part of these measures, the government also sought to guarantee that law-abiding firearms owners would not be punished.

I strongly believe that this balanced and comprehensive approach is preferable to the narrower approach proposed by the bill. The illegal firearms market in Canada is primarily supplied by smuggled firearms or firearms stolen from private residents or commercial establishments. Given its proximity to Canada, the United States is the primary source of firearms for Canada, particularly handguns smuggled into Canada. The majority of illegal firearms in the U.S. originate in the U.S., but may occasionally come from other countries, such as Canada.

Reducing firearms smuggling into Canada is a key part in the fight to reduce access to illegal firearms in this country. Smuggled firearms that make their way into communities are a serious public safety issue and can be used to commit serious offences tied to organized crime. Bill C-238 proposes to increase the maximum penalty and the mandatory minimum penalty of imprisonment for the possession of a smuggled firearm, prohibited weapon or other object. Bill C-238 would also impose a reverse onus on an accused in an application for judicial interim release, more commonly known as bail, when the accused is charged with the possession of a smuggled weapon. This means that unless the accused can demonstrate why their pretrial detention was not justified, they would remain in custody pending trial.

While the objectives of the private member's bill are well intentioned in that they propose to address firearms crime among other things, the government does not support the bill, as it raises serious legal and policy concerns, some of which have been addressed by earlier speakers. Given the scope of the offence, I am very concerned that the increased mandatory minimum penalties would lead to significant charter scrutiny, but just as important, mandatory minimum penalties generally produce system inefficiencies and delays in the criminal justice system. They are also known to have disproportionately negative impacts on indigenous peoples, Black and other visible minority Canadians, something that should be of key concern to all parliamentarians as we confront and seek to address the systemic racism that is pernicious in the criminal justice system.

In addition, the reverse onus would be novel in the current bail regime and would treat accused persons charged with the same offence differently, depending on how the possessed firearm was illegally obtained.

The government has been in the process of considering these important issues for quite some time. In October of 2018, the Minister of Public Safety began a series of consultations with Canadians on the issue of handguns and assault-style firearms. The consultations included eight in-person round tables with 77 stakeholders' written submissions, and almost 135,000 Canadians responded to an online questionnaire. The summary report published on April 11, 2019, indicated that Canadians believe that a comprehensive and multi-faceted approach is needed to combat firearms violence in Canada. Of note, firearms smuggling and border security were identified as among the most prominent concerns of Canadians.

The government has comprehensively set out a path forward to address gun violence, including banning assault-style firearms, providing an amnesty period and a firearms buy-back program, and working with provinces and territories to give municipalities the ability to further restrict or ban handguns. The government has taken other measures, such as the establishment of reporting legislation or a type of red alert to make it easier to remove firearms from people who pose a danger to themselves or others, and measures to combat gun smuggling and trafficking.

Recently, in the Speech from the Throne of September 23, 2020, the government reiterated its commitment to combat firearms smuggling.

When the Minister of Public Safety announced the ban, he also announced that the government would be introducing other measures to keep firearms out of the hands of criminals, including increasing safe storage requirements and strengthening the law around firearms smuggling and trafficking. The government has made funding of up to $327 million available over five years through the initiative to take action against gun and gang violence, combat gun-related violence and gang activities, including by supporting law enforcement in community-led projects focused on prevention.

It is my understanding that more than $200 million is now flowing directly to the provinces and territories to target initiatives that best meet the unique needs of individual communities to advance efforts in the areas of prevention, gang exit, outreach and awareness training, as well as enhanced intelligence sharing and law enforcement capacity. With the funding allocations, jurisdictions have made investments to support new law enforcement activities, including specialized training and education initiatives and improving data collection and information sharing.

As far as reducing gun violence is concerned, the government knows that a comprehensive approach must also include measures to remove from the market guns that present the biggest danger to public safety, as well as a combination of measures on the criminal use of firearms, including preventive measures and law enforcement, as well as harsher sentences.

Although the laudable objectives of this bill may be well-intentioned, I remain of the view that a more comprehensive approach, with the benefit of parliamentary review and debate in both Houses, would be the more appropriate course of action. I urge all members, therefore, to oppose this bill.

Criminal CodePrivate Members' Business

January 25th, 2021 / 12:05 p.m.


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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, it is good to be back and to see all members here.

I rise today to urge my colleagues to support my private member's bill, Bill C-238, an act to amend the Criminal Code with regard to possession of unlawfully imported firearms, a bill that would put the criminals using smuggled guns behind bars for longer and make communities safer by raising the standards on dangerous criminals being released on bail.

This is a bill that all GTA residents need and have been calling for. The numbers do not lie. Since 2015, gun violence has grown in Toronto. In 2018, there were record high numbers of deaths. In 2019, there were record high numbers of shootings.

The year 2020 should have been different, as COVID-19 forced people to work from home, and millions of GTA residents changed their routines. The active nightlife, festivals and events were all cancelled. Once very busy streets were now ghost towns. However, that did not stop the violence at all. In 2020, even with a worldwide pandemic, there were over 450 shootings and 40 deaths.

Gun violence has become all too common in places that used to be considered safe. The stories of people waking up to gunshots or being called about loved ones' deaths are heartbreaking. Those people have been promised action but have not seen any results.

I believe the Liberal government has approached this issue in the wrong way. It has focused on gun bans. For its plan to work, violent criminals would have to suddenly start following the law. We know that criminals are not getting a licence to buy firearms that would require taking a course and having a background check. Criminals are buying smuggled guns, just like they are buying smuggled drugs. A gun ban would do little, if anything, to stop them.

The former chief of police of Toronto stated that 82% of handguns used in crimes are smuggled in from the United States. The Ontario solicitor general put the numbers at 84%. More recently, Peel Regional Police reported that 74% of the guns they seized were from south of the border.

The problem is not just smuggled guns; it is also about how we treat criminals who are caught with these guns. The truth is that when they are arrested, they are released on bail within days. They can have a smuggled gun back in their possession within hours.

We need to target the criminals using these guns. Criminals need to know that the use of smuggled guns is a serious offence and that they will do real time behind bars if they are caught. As I have said before, there is no excuse for criminals to have these weapons. If someone has a smuggled gun, they are a real threat to public safety. When they are arrested, neighbours do not want them to get out on bail. The former chief of police reported that criminals getting arrested and being released on bail is far too common.

No one bill will stop the gun violence in Canada, but Bill C-238 is an excellent first step to making my riding of Markham—Unionville and all Canadians safer. I encourage every member to vote for this bill. It would keep dangerous criminals off the streets and save lives. If there are any concerns regarding Bill C-238, they can best be handled in committee.

Criminal CodePrivate Members' Business

January 25th, 2021 / 12:10 p.m.


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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

The question is on the motion.

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

Criminal CodePrivate Members' Business

January 25th, 2021 / 12:10 p.m.


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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, I request a recorded vote.

Criminal CodePrivate Members' Business

January 25th, 2021 / 12:10 p.m.


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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

To the order made earlier, the division stands deferred until Wednesday, January 27, at the expiry of the time provided for oral questions.