Bill C-21

An Act to amend certain Acts and to make certain consequential amendments (firearms)

This enactment amends the Criminal Code to, among other things,
(a) increase, from 10 to 14 years, the maximum penalty of imprisonment for indictable weapons offences in sections 95, 96, 99, 100 and 103;
(b) establish a regime that would permit any person to apply for an emergency prohibition order or an emergency limitations on access order and allow the judge to protect the security of the person or of anyone known to them;
(c) deem certain firearms to be prohibited devices for the purpose of specified provisions;
(d) create new offences for possessing and making available certain types of computer data that pertain to firearms and prohibited devices and for altering a cartridge magazine to exceed its lawful capacity;
(e) include, for interception of private communications purposes, sections 92 and 95 in the definition of “offence” in section 183;
(f) authorize employees of certain federal entities who are responsible for security to be considered as public officers for the purpose of section 117.07; and
(g) include certain firearm parts to offences regarding firearms.
The enactment also amends the Firearms Act to, among other things,
(a) prevent individuals who are subject to a protection order or who have been convicted of certain offences relating to domestic violence from being eligible to hold a firearms licence;
(b) transfer authority to the Commissioner of Firearms to approve, refuse, renew and revoke authorizations to carry referred to in paragraph 20(a) of the Act;
(c) limit the transfer of handguns only to businesses and exempted individuals and the transfer of cartridge magazines and firearm parts;
(d) impose requirements in respect of the importation of ammunition, cartridge magazines and firearm parts;
(e) prevent certain individuals from being authorized to transport handguns from a port of entry;
(f) require a chief firearms officer to suspend a licence if they have reasonable grounds to suspect that the licence holder is no longer eligible for it;
(g) require the delivery of firearms to a peace officer, or their lawful disposal, if a refusal to issue, or revocation of, a licence has been referred to a provincial court under section 74 of the Act in respect of those firearms;
(h) revoke an individual’s licence if there is reasonable grounds to suspect that they engaged in an act of domestic violence or stalking or if they become subject to a protection order;
(i) authorize the issuance, in certain circumstances, of a conditional licence for the purposes of sustenance;
(j) authorize, in certain circumstances, the Commissioner of Firearms, the Registrar of Firearms or a chief firearms officer to disclose certain information to a law enforcement agency for the purpose of an investigation or prosecution related to the trafficking of firearms;
(k) provide that the annual report to the Minister of Public Safety and Emergency Preparedness regarding the administration of the Act must include information on disclosures made to law enforcement agencies and be submitted no later than May 31 of each year; and
(l) create an offence for a business to advertise a firearm in a manner that depicts, counsels or promotes violence against a person, with a few exceptions.
The enactment also amends the Nuclear Safety and Control Act to, among other things,
(a) provide nuclear security officers and on-site nuclear response force members with the authority to carry out the duties of peace officers at high-security nuclear sites; and
(b) permit licensees who operate high-security nuclear sites to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices used in the course of maintaining security at high-security nuclear sites.
The enactment also amends the Immigration and Refugee Protection Act to
(a) designate the Minister of Public Safety and Emergency Preparedness as the Minister responsible for the establishment of policies respecting inadmissibility on grounds of transborder criminality for the commission of an offence on entering Canada;
(b) specify that the commission, on entering Canada, of certain offences under an Act of Parliament that are set out in the regulations is a ground of inadmissibility for a foreign national; and
(c) correct certain provisions in order to resolve a discrepancy and clarify the rule set out in those provisions.
Finally, the enactment also amends An Act to amend certain Acts and Regulations in relation to firearms so that certain sections of that Act come into force on the day on which this enactment receives royal assent.

[Chelsea Moore]

This amendment, G-14, would make some changes to ensure that some of the changes in previous clauses line up with Bill C-21, and the previous clauses include clause 2. There's a condition that would be proposed under the new peace bond provision. Currently, it's proposed subsection 810.03(9) on page 4 of the bill. That's a list of conditions the defendants would have to comply with, or potentially comply with, if they're on a peace bond.

In that list, the words “firearm part” are missing. “Firearm part” would be added by Bill C-21.

I don't exactly know all the rules, but I don't believe it can be debated, since it deals with that clause. We haven't changed the numbering in that clause yet. This provision proposes new numbering to reflect a motion that would have passed.

[Leslyn Lewis, Conservative, Haldimand—Norfolk, ON]

I actually see this very differently. When you look at G-3, clause 2, under.... I don't even know how to read this.

In proposed subsection 810.03(8) on page 2 of the committee stage document, you will see that there's a reference that.... Proposed subsection 810.03(8) completely changes subsection 810.03(7), which references the firearms section. That actually doesn't make any sense. It changes it to subsection 810.03(9), which is not the firearms section.

When you go farther down to proposed subsection 810.03(11), you'll see that it does it again when it speaks about “the defendant makes an application under subsection (10)”. It's changing.... It's amending the firearms section.

This G-14 deals specifically with the firearms section. Technically, the firearms section in these two provisions should be dealt with before you contemplate anything dealing with G-14, because G-14 contemplates that Bill C-21 must be introduced prior.

It may be moot if you deal with the firearms section. You can't deal with this without dealing with those two amendments first.

[Sonia Sidhu, Liberal, Brampton South, ON]

This is a technical coordinating amendment to ensure that Bill S-205 is in line with another bill that Parliament is studying, Bill C-21, should both bills be passed.

Criminal Code

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, I thank the member for Cypress Hills—Grasslands for outlining that important situation. It reflects the needs and concerns of communities right around this country, particularly with respect to firearms.

What I would identify for him is that we have firearms legislation that is currently in the Senate: Bill C-21 is geared toward promoting community safety.

I would also refer him to the specific provisions asked for by Conservative, Liberal and NDP premiers right around the country about ensuring that bail is not provided when people have violated the rules relating to having a loaded, prohibited or restricted firearm. We have added to those and have actually gone further than what was asked for by the premiers to include those who break and enter to steal a firearm, use robbery to steal a firearm or make an automatic firearm.

There is no doubt that ensuring that we get tough with firearms and those who use firearms to commit crimes is part and parcel of keeping our communities safe. This bill will help do that by ensuring those types of people do not get bail, as will Bill C-21.

Democratic Institutions

[Dominic LeBlanc, Liberal, Minister of Public Safety]

Mr. Speaker, let us keep talking about respect for democracy in the House of Commons. Unelected Conservative senators are blocking the passage of an important gun control bill that passed the House. If our friends across the aisle want to do something for democracy, they should ask the Conservative senators in their caucus to pass Bill C‑21, which was passed by the House of Commons, to protect Canadians from illegal firearms in Canada.

Criminal Code

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, I rise this evening to speak to Bill C‑332, which amends the Criminal Code to create an offence of engaging in controlling or coercive conduct that has a significant impact on the person towards whom the conduct is directed, including a fear of violence, a decline in their physical or mental health or a substantial adverse effect on their day-to-day activities.

The issue of controlling and coercive conduct has been an interest of mine for quite some time. This type of conduct includes physical, sexual and emotional abuse, financial control, and implicit or explicit threats to the partner or ex-partner and to their children, belongings or even pets.

First I will spend a little more time talking about the definition, before moving on to other measures we are currently looking at to address violence. I will conclude by explaining some of our concerns with the bill.

First, I have discussed the topic with my colleague from Rivière‑du‑Nord on a number of occasions. That is how I found out that Megan Stephens, one of the witnesses who participated in the Standing Committee on Justice and Human Rights' study, had mentioned a minor complication, namely, the fact that there is no universally accepted definition. However, the following are some of the definitions that were given over the course of the study: limiting transportation, denying access to household, controlling food consumption, disconnecting phone lines, breaking cell phones and preventing them from going to work or going to school. Combined together, all those forms of behaviour fall under coercive control.

Abusive partners uses isolation, both physical and psychological, as a means to control their partner's contact with friends and family to emotionally bind the partner to them with the shackles of fear, dependency and coercive tactics of control.

In some cases, the violent partner uses state-sanctioned structures to continue to coerce and control their victim by creating problems related to custody of the children and visitation rights. The justice system is used as a weapon against the victim. According to a study published by Statistics Canada in April 2021, intimate partner violence is a serious problem, and controlling and coercive behaviours are an integral part of that. It is difficult to know the exact scope of this type of violence in Canada, because most cases are not reported to the police.

I want to point out that, in 2021, we were in the midst of the pandemic and victims were at home with their abusers 24-7. The fact that most cases of intimate partner violence are not reported to the police is the biggest impediment to determining how many people are affected, documenting the situation and implementing solutions for the victims of these types of behaviour. It is difficult for them to find a way to talk so someone.

During her testimony in committee, Lisa Smylie, the director general of communications and public affairs for the research, results and delivery branch at the Department for Women and Gender Equality, said that only about 36% of domestic violence incidents and 5% of sexual assaults are reported to the police. Those numbers are very low.

According to the data reported by the country's police forces in 2018, women living in rural areas experience intimate partner violence the most. That is also important to note. What is more, even though coercive and controlling violence may be present in other cases, it is present in 95% of cases of domestic violence as we know it.

Today, it is facilitated by technological advances such as geolocation systems, miniature cameras, smart phones and social media platforms. This makes everything more complex. All these things make it easier for the abusers when they want to continue to inflict harm and reinforce the isolation and control, regardless of where their victim may be. There are also the traditional forms of blackmail on social media, such as identity theft, the repeated sending of threatening messages or the disclosure of personal information or content about the victim that is sexual in nature.

In light of the testimony offered during the study at the Standing Committee on Justice and Human Rights, a rather high number of offences under the Criminal Code can apply to domestic violence. The committee noted a few problems with the enforcement of the current legislation in the cases of victims of coercive or controlling violence.

Victims are wary of and have little confidence in existing mechanisms, police services and the justice system to adequately deal with their trauma. A number of stakeholders noted that victims believe that they will not be taken seriously and they worry about myths. They do not want to be judged by institutions on their credibility when they report their abusers.

Abusers often create financial and other forms of dependence, which limits the actions that victims caught in this vicious circle can take, because they could lose everything, end up on the street or lose custody of their children.

The divide between the criminal justice system, family courts and community organizations needs to be addressed.

When elements of coercive control and other forms of control are present, the criminal and judicial systems too often say that simply telling one's story is not enough to file a complaint.

Lastly, one of the most serious obstacles is the under-enforcement of the law. Multiple charges against violent men are often reduced to a single charge, usually assault. This charge is then often withdrawn in exchange for a peace bond. This is the infamous section 810.

The many femicides and cases of harassment demonstrate the limitations and the weakness of section 810 in cases where violent men pose a high risk of reoffending. They must be treated differently and required to wear an electronic monitoring device.

Second, the bill proposed by the member for Victoria is part of a growing trend among legislators to focus on coercive violence. In recent years, the Standing Committee on Justice and Human Rights released a report on this issue, which was presented in the House on April 27, 2021. The Standing Committee on the Status of Women also touched on the issue during its study on intimate partner violence and made two motions a priority for the winter of 2024, one of which was my study proposal to look at international best practices in this area and try to learn from them.

I also examined this issue to a lesser degree at the Standing Committee on Canadian Heritage, when I participated a few times in its study on safe practices in sport and the topic of coercive control came up.

More recently, the Liberal member for Dorval—Lachine—LaSalle's Bill C‑233, which was also examined by the Standing Committee on the Status of Women, received royal assent on April 27.

The bill amended the Criminal Code to require judges, in cases of domestic violence, to consider whether it is appropriate for the accused to wear an electronic monitoring device before issuing a release order. In addition, the bill amended the Judges Act to include an obligation to hold continuing education seminars on issues of sexual assault, intimate partner violence and coercive control.

To a lesser extent, Bill C-21, which is currently before the Senate, focuses primarily on gun control and revoking possession when an individual is suspected of, or has engaged in, domestic violence, including coercive and controlling behaviour. This is part of a trend.

Third, Bill C-332 amends the Criminal Code, after section 264, by introducing the concept of controlling or coercive conduct as a criminal offence. The Bloc Québécois supports the objective of Bill C-332. However, we see several major shortcomings that will have to be studied in committee. The scope of the bill should be expanded to allow former spouses or other family members who are not part of the household to testify, in order to break the infamous “one person's word against another's” system. That is good.

What is more, consideration of testimony from neighbours, colleagues or others might also make it easier for victims to come forward. The severity of sentences and the consideration given to children in cases of coercive or controlling violent behaviour are other important factors. Reviewing the grounds on which prosecutors drop several charges and opt for the lowest common denominator shows that this can hinder the administration of justice and undermine public confidence and the victims' confidence in the courts that deal with these issues. We have to study all of that.

There are already 35 sections in the Criminal Code that can apply to domestic or family violence. They just need to be rigorously enforced, and we need to think of ways of ensuring that prosecutors rely on these sections more often in cases of coercive or controlling violence. We also need to address the difficulties associated with collecting evidence and ensuring solid and sound prosecution.

Megan Stephens, Executive Director and General Counsel at Women's Legal Education and Action Fund argued that Bill C‑247 and Bill C‑332 can make the legislation unnecessarily complex because new concepts are being introduced when the Criminal Code already contains very similar offences, particularly on criminal harassment and human trafficking. We will need to take a closer look at that.

The wording of the two NDP members' bills does not address the issue of victims having to relive their trauma. They will have to retell their stories over and over again, just as they do now, which has been roundly criticized. Furthermore, Bill C-332, as currently drafted, does not change how these matters are dealt with by the courts and the authorities.

In closing, if we want to ensure that this never happens again, if we want to put an end to this shadow epidemic, we must take action. We must take action because violence is not always physical, but it always hurts.

As a final point, the Quebec National Assembly has also made this call. I had a discussion with an MNA in Quebec City this summer. She told me that the Quebec National Assembly had done its part, that it had produced the report “Rebuilding Trust” and said that the ball was now in Ottawa's court. She said that the National Assembly does not have jurisdiction to study coercive control in the Criminal Code. I took it upon myself to heed the call from the Quebec National Assembly, a call made by female MNAs who did exceptional, non-partisan work.

Let us try to examine it intelligently in committee.

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

Thank you, Mr. Chair.

As I've said several times since this debate began, I think it's extremely unfortunate that we're spending several hours debating numerous motions that all point in the same direction, when the committee has an agenda to follow: we should be debating Bill C‑20; some people have reminded us of how important it is to them. Indeed, we've all received emails from victims who have been harmed by the Canada Border Services Agency, and they deserve to have parliamentarians take a look at this important bill. Personally, I think it's a shame for these people. I'd even say it's disrespectful to the people who are watching the committee's work, hoping that we'll finally get around to studying this bill. It's also disrespectful to the civil servants who, let's put it this way, are wasting time here while we debate another subject.

I'm not saying this subject isn't important. Of course it's important. There are probably 50 other important topics related to public safety in Canada that we could be debating here. It's just that the timing isn't right. I think we've already wasted too much time and we should be debating Bill C‑20.

That said, I think my colleague Ms. O'Connell has proposed a reasonable compromise in introducing the motion before us. It's the Conservatives' desire to debate this subject, once the study of Bill C‑20 has been completed, and I agree. I would even have gone so far as to say that, since bills are this committee's priority, the debate on this subject could have been held after the study of Bill C-26. However, we agreed to consider this issue directly after the study of Bill C‑20. Ms. O'Connell has proposed a reasonable motion, which I think we could all agree on.

Of course, I'm against the amendments and subamendments proposed by the Conservative Party. We've had ample opportunity to discuss and negotiate behind the scenes so we can't do it here in committee and waste a lot of people's time. The Conservatives always come up with a new proposal to stretch out debate time. They want to politicize the debate and that's really deplorable. It's no secret that they're politicizing the debate. As I've already said, I'd like to take the question even further: should we politicize this process too? The Correctional Service of Canada exists for a reason, it has specific tasks to accomplish, so I don't understand why we're bringing the minister into this.

I agree with a few things Mr. Julian mentioned about public servants, whom we once again allowed to leave after several hours of hearing us debate this.

Out of respect for the people who expect us to do our job, I'd like us to go ahead, vote on the subamendments, on the amendments and on the motion, come to a consensus and proceed with Bill C‑20. There are people who have been waiting for this for a long time.

I said that some of the blame lies with the Conservatives, who are filibustering in Parliament and stretching out debate time on this issue, but it must also be said that the committee spent a lot of time studying Bill C-21 because the government had more or less done its job well. In the case of Bill C‑20, this is the third time in a few years that a similar bill has come before the House of Commons. In the meantime, there has been prorogation and an election; obviously, this is coming from the Liberal side.

So I see political jousting on both sides and I find it deplorable. It's a subject that shouldn't be politicized.

I ask that we vote on the proposal before the committee at this time.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I rise today on behalf of the Bloc Québécois to speak to Bill C‑325. I would like to say from the outset that we will be voting in favour of the bill so that it can be studied in committee. I am confident that my colleague from Rivière-du-Nord will make a constructive contribution. I will begin my speech with a summary of the bill. I will then go over Quebec's requests. Lastly, I will briefly go over some highly publicized cases, such as the one involving Marylène Levesque.

First, the bill would create a new offence for the breach of conditions of conditional release for certain serious offences with a maximum sentence of two years, or at least in relation to a summary conviction. It would require the reporting of the breach of conditions to the authorities, and it would amend the Criminal Code to preclude persons convicted of certain offences from serving their sentence in the community.

The reality is that judges have the discretion to impose a community-based sentence, but are not obligated to do so. Judges must weigh a series of factors before handing down a sentence. Crown prosecutors could also agree with the defence on a community-based sentence if they felt that the circumstances warranted it.

The bill is short. It contains only three clauses and amends two acts, namely the Criminal Code and the Corrections and Conditional Release Act.

Clause 1 of Bill C‑325 adds a subsection to section 145 of the Criminal Code. It adds a criminal offence after subsection 5 for the breach of conditions of conditional release; for the breach of a condition of parole; and for breach of a condition of a release on reconnaissance. As mentioned in Bill C‑325, schedules I and II of the Corrections and Conditional Release Act include a wide range of offences, from child pornography to attempted murder. The intention is to tighten up the legislation for breaches of conditions of parole or statutory release, which is the almost automatic release after completion of two-thirds of a sentence. However, there is no evidence that Bill C‑325 is necessary, since the Parole Board of Canada, or PBC, already has the power to revoke parole. For example, a sexual predator in Montreal recently had his parole revoked by the PBC for breach of his conditions.

Subclause 2(1) of Bill C‑325 replaces paragraph 742.1(c) of the Criminal Code, which specifies that a sentence may be served at home for certain offences, to simply disqualify a sentence from being served in the community for any offence that carries a maximum sentence of 14 years or more. The current paragraph 742.1(c) of the Criminal Code states that a community-based sentence cannot be handed down for the following offences: attempt to commit murder, torture, or advocating genocide. Bill C‑325 is therefore much broader than paragraph 742.1(c), since many offences now carry a maximum sentence of 14 years, such as altering a firearm magazine once Bill C‑21 receives royal assent.

Subclause 2(2) adds two new paragraphs after paragraph 742.1(d) to specify that a conditional sentence, that is, a sentence to be served in the community, cannot be imposed for an offence that resulted in bodily harm, that involved drug trafficking, or that involved the use of a weapon. In addition, a community-based sentence cannot be imposed for the following offences: prison breach, criminal harassment, sexual assault, kidnapping, trafficking, abduction of a person under the age of 14, motor vehicle theft, theft over $5,000, breaking and entering, being unlawfully in a dwelling-house, and arson for a fraudulent purpose. That is a pretty broad list, and we will have to see in committee whether certain offences need to be added or removed.

Clause 3 amends the Corrections and Conditional Release Act. It states that, if a parole supervisor discovers that an offender on conditional release has breached their parole conditions, they must inform the Parole Board, the Attorney General and the police force with jurisdiction where the breach occurred of the breach and the circumstances surrounding the breach.

It is important to note that, contrary to what the Conservatives suggest, judges have discretionary power to give individuals community-based sentences. It is not automatic, and judges must factor in the risk of reoffending and the consequences of a sentence served at home.

Second, the Bloc Québécois intends to introduce a bill that addresses problems with Bill C‑5. The member for Rivière-du-Nord talked about the upcoming introduction of a bill to close some of the gaps in Bill C‑5. According to my colleague, conditional sentences should be not be allowed for most sexual assault cases and gun crimes, and he will be introducing a bill in the coming weeks to reinstate minimum sentences for those crimes. While Bill C‑5 was up for debate, the National Assembly unanimously passed a motion condemning its controversial provisions. My colleague's bill is based on that motion.

The motion accused Ottawa of setting back the fight against sexual assault. The member for Rivière‑du‑Nord had already moved an amendment to the bill that would have retained minimum sentences while giving judges discretion to depart from them in exceptional cases, with justification. This amendment was defeated, but the Bloc Québécois ended up voting for Bill C‑5 anyway, since it also provided for diversion for simple drug possession offences. As justice critic, the member for Rivière-du-Nord intends to call for the government to go back to the drawing board and come up with a new bill that, in his opinion, could satisfy both the Liberals and the Conservatives. I know that he has spoken about this a few times.

Third, I will talk about a few cases to provide some food for thought in this debate. A man who assaulted a sleeping woman benefited from the leniency of a judge who sentenced him to serve his sentence in the community, even though he himself was prepared to go to jail.

On Monday, a Crown prosecutor expressed outrage that, after eight years of legal proceedings, a sex offender was let off with a 20-month sentence to be served in the community. In his words, the federal Liberals “have a lot to answer for to victims”. Since the passage of Bill C‑5 in June, it is once again possible to impose a conditional sentence, or a sentence to be served in the community, for the crime of sexual assault, which had not been allowed since 2007. The Crown prosecutor blames Parliament for passing Bill C‑5, which reintroduced conditional sentences.

The other highly publicized case is that of Marylène Levesque. Coroner Stéphanie Gamache determined that an electronic bracelet with geolocation could have prevented Ms. Levesque's murder in January 2020 in a Quebec City hotel room. The coroner recommended that all offenders convicted of homicide tied to domestic violence should be required to wear the device upon release as part of their correctional plan. As a result of pressure from Quebec, the matter has now made its way to Ottawa. I even had an opportunity to study the bill on the device at the Standing Committee on the Status of Women following pressure from Quebec. It was a recommendation in the report entitled “Rebâtir la confiance”, on rebuilding trust in the justice system. Some progress has been made on advancing the issue in Ottawa through the work of the Standing Committee on the Status of Women.

Following Marylène Levesque's murder, Correctional Service Canada and the Parole Board of Canada reviewed their practices and adopted a series of measures to ensure better monitoring of offenders. However, the coroner ruled that this is not enough. It is not just a question of electronic bracelets, either. According to the coroner, the correctional plan of the murderer, Eustachio Gallese, should also be reviewed in order to identify what elements may have led to his lack of accountability.

This could help prevent another similar tragedy. In her report, coroner Gamache wrote that the comprehensive correctional intervention plan prepared for this offender was a resounding failure. Marylène Levesque's murder occurred less than a year after he was granted parole. At the time, Eustachio Gallese was on day parole for the 2004 murder of his ex-wife. His parole officer had given him permission to visit erotic massage parlours once a month, but in reality, according to the police investigation, he was going up to three times a week. In short, an electronic bracelet with geolocation would at least have made it possible to detect these lies and subterfuges and to take action before it was too late. That is what the coroner argued. This bracelet allows for better monitoring, but that is not all.

In conclusion, for all these reasons, this bill must be referred to committee. We need to go back to the drawing board and rise above partisanship. The Bloc Québécois intends to make a constructive contribution to this debate.

We have made a lot of progress in Quebec, and we have done a lot of thinking. I hope to have the opportunity to come back to this, but on Thursday evening, I celebrated the 50th anniversary of the community organization Joins-toi, which works to help people who have committed crimes re-enter society. Working to reintegrate people and offering them alternatives to the criminal lifestyle is an intrinsic value that we cherish in Quebec. At the event, we heard about all the progress that has been made thanks to the community and to dedicated stakeholders who believe in restorative justice. This is a model that Quebec has done a lot to develop. I would like to pay tribute to the entire Maison Joins-toi team. I hope that I will have another opportunity to commend its members and highlight their work, as I was able to do on Thursday on the occasion of this milestone anniversary.

[Rob Moore, Conservative, Fundy Royal, NB]

Mr. Speaker, I welcome the hon. member to the justice committee. When we are seized with Bill C-21, we will look at those amendments, as I do share a concern around some of them.

It is one thing to say that we want Canadians to be safe. It is another thing to put in place the legislative measures to make sure that happens. I am committed to working with all parliamentarians, including the hon. member, to pass legislation that allows us to protect our streets, protect our communities and protect victims.

Opposition Motion—Carbon Tax

[Yves-François Blanchet, Bloc, Beloeil—Chambly, QC]

Madam Speaker, I want to start by saying that I have the pleasure of sharing my time with my esteemed colleague, the hon. member for Jonquière.

Next, I want to quickly thank our Conservative friends. They have given us an amazing opportunity to expose their battle tactics. In my view, they have given us this opportunity far too early, to their own disadvantage. These tactics could prove to be their undoing. In summary, their strategy is to say the opposite of the truth or, to put it more bluntly, to lie.

The example of the firearms bill made that quite clear. The Conservatives brag like there is no tomorrow, but the removal of hunting rifles from Bill C-21 is due solely to the efforts of the member for Avignon—La Mitis—Matane—Matapédia. To say otherwise would be a crude and vulgar lie.

The example of the emissions regulations is another good joke. We do not get to vote on regulations. Let everyone take note. However, true to form, relying on rather old-fashioned tactics, the Conservatives have cobbled together a motion containing one point and a whole lot of vitriol. Now they are saying that if we do not want the point, we have to swallow the vitriol. Obviously, we vote against these kinds of Conservative motions. That is the natural reflex of an intelligent person.

The carbon tax does not apply to Quebec. I am almost tempted to say it in English, so there will be a small chance that three people or so will understand me. The carbon tax does not apply to Quebec. Quebec has a carbon exchange. It is a cap-and-trade system that was negotiated by successive ministers of the environment. The minister of the environment who was in office when the system was introduced in 2013 is someone I know well. It is me.

I just want the Conservatives to know that their attack ads are not working on Quebeckers. They can make all the dumb little jokes they want and buy ad spots on television because their coffers are full, but it is not working on Quebeckers. The Conservatives do not realize it. What do they know about Quebec? They held a convention in Quebec City where they somehow managed to avoid talking about Quebec and adopted proposals that run counter to what Quebeckers want. The Conservative leader comes to Quebec once a year, but he wants people to think that he has a second home there.

It was a tactical error to do this so early and to tell these lies so early. I have a whole year to debunk these lies, expose these tactics and show that the Conservative leader is not worthy of Quebeckers' trust, whether he becomes prime minister or not.

Canadians are caught between a rock and a hard place. They are caught between right-wing activists and proponents of fake left-wing individualism. They are caught between the Conservatives and the Liberals. However, that is not the case in Quebec. In Quebec, Quebeckers have the Bloc Québécois. They may even have the balance of power without any risk. We vote for what is good for Quebec, whether it comes from the Conservatives or the Liberals. We vote against what is bad for Quebec. In the meantime, we try to improve what is presented.

Let us look at the contents of the latest narrow-minded Conservative propaganda motion. First, as I was saying, the Bloc Québécois did not support anything because we do not vote to pass regulations. As usual, the Conservatives cooked up a motion today to try to trick the House. We will vote against the motion again today because it is bad for Quebec.

Still, the Conservative leader has done us a favour. I am pleased because, in between buying a tight T-shirt and a pair of Ray-Bans, by attacking us, he is admitting that it is the Bloc Québécois that will prevent any party from having a majority in the House, as it did in 2019 and 2021.

When we are talking about these two parties, a majority spells bad news for Quebec. The Bloc Québécois has never asked for new taxes or an increase in taxes. That is untrue. That is on the Conservatives. It is fake news.

Yes, the cost of living is a concern. Gas prices are concerning. The cost of groceries is concerning. Costs for farmers are concerning, as are costs for truckers. The plight of seniors is concerning, or at least it is to us. However, none of that is because of the carbon tax in Quebec. It does not apply in Quebec.

There is a question I often want to ask the Conservatives. I want to know what their issue is with the truth. I will explain why things are so expensive. I will explain why the Conservative leader's wacky idea of imposing partisan Conservative rule on the central bank is a ridiculous idea.

Here is a number: $200 billion. That is how much the oil companies made in profits in 2022. I repeat: $200 billion. There are 11 zeros in that number. In Canada, there are 40 million people, including Quebeckers. Let us do the math. Let us remove seven zeros from the $200 billion. That adds up to $5,000 per capita in profits for the oil companies. That includes babies, seniors, everyone.

The Conservatives claim that fighting climate change is increasing the cost of living. That is false. It is big oil's despicable profits that are increasing the cost of living. That is $200 billion in 2022 alone, on the backs of farmers, seniors, truck drivers, families. They need to stop with the lies. They are just knock-off lobbyists for big oil.

The Liberals are no better. There is one group that lies and another that covers up, and the oil companies are profiting from the $200 billion in generous subsidies.

Neither one of these parties is working for the environment. Neither one of these parties is working for Quebec.

The Bloc Québécois will continue to work in good faith to keep Parliament running, even though some members are in campaign mode. We will continue to fight against inflation in a responsible and clean way. We will not put up with lies or deceit.

We will be voting against this motion. If the Conservatives or Liberals are looking for Quebec, if they are looking for the Bloc Québécois, they know where to find us.

Criminal Code

[James Maloney, Liberal, Etobicoke—Lakeshore, ON]

Madam Speaker, on calling us “crime rate deniers”, as I said in my speech, how is that productive in this discussion or in any other discussion? What kind of message does that send to Canadians? If she or any other member of the House think that anybody on this side of the House is soft on crime and wants bad guys out on the street, they are just wrong, and everybody knows it, so I ask the member stop saying it, please.

As for the weapons she is talking about, I was born and raised in Thunder Bay. I had my hunting licence when I was 16. Never in my life did anybody say, “Hey, can you hand me the AR-15.”

Bill C-21 is strong legislation. We worked hard, including with members on the opposite side of the House, some of whom are in this chamber right now. I am a hunter myself. I would never do anything that would in any way infringe on the rights of Canadians who are legally exercising their right to go hunting and engage in that sporting activity.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.

One of the things my hon. colleague highlighted is the fact that what we are dealing with is really a small piece of the overall crime pie. The pie itself, and the difficulty that we are in, really lies with the Liberal Party, whether it be Bill C-75 from the last Parliament, Bill C-21 or Bill C-5. We now have sexual offenders or people who have committed serious gun crimes who can serve their sentence from the comfort of their home.

I would ask my hon. colleague this: How much further do we need to go, and is this going to help in a meaningful and significant way?

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, it was I who said the words quoted by my colleague, whom I salute and also respect very much. I freely admit that it was me, but I was not talking about the list at that time. We were talking about the definition. We said that it was a good idea for the bill to define what was being prohibited.

The government cannot just prohibit whatever it wants. It must be specific. We wanted the bill to be even clearer. We were against the list. We worked so hard. Again, it was my colleague from Avignon—La Mitis—Matane—Matapédia who was working on it. It is a good thing she was there. Otherwise, if we had had to rely on our Conservative colleagues, Bill C-21 would have passed as is or would simply been defeated.

That said, I will come back to the bill. I am not surprised that the Conservatives are opposed to it. The Conservatives are against reintegration and rehabilitation. We have heard it many times. We saw it in committee, at the Standing Committee on Justice and Human Rights, for example, which I have sat on for some time. They are against that and, as I said earlier, they are against anything that does not come from their leader. I will not dwell on that too much.

I just want to reiterate that this bill is essential and that the issue of its constitutional validity will probably be raised in committee. Then we will see whether the bill has to be amended, but, yes, we will work to make sure it is passed quickly and comes into force as soon as possible. We need it, just as we need judges. I look forward to hearing the new Minister of Justice tell me, before Christmas, that he has filled all those positions.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, I started by saying that I wanted to congratulate the new Minister of Justice and his parliamentary secretary on their appointments. I will have the pleasure of working with them over the coming months and the coming years. I hope we can improve the lot of our people, in Quebec and in Canada, particularly in the area of criminal law.

It is no secret, as people have been saying for a while, that the Liberal government's lax attitude has allowed senseless situations to drag on. I find that unfortunate. I will come back to that.

I look this morning at what is happening with our colleagues in the official opposition and I find that just as unfortunate. What I see is that the official opposition is against everything, except the leader. They falsely claim that the Bloc Québécois supports the creation of a carbon tax when, contrary to the leader of the official opposition's claims, there is a carbon exchange in Quebec. We are not subject to the carbon tax.

For all kinds of good or bad reasons that are their own and that I do not wish to discuss, provinces have decided not to take part in a carbon exchange and prefer to see the carbon tax applied. That is a debate between the Prime Minister of western Canada, who invested in oil in order to be understood, and the leader of the official opposition. They can debate between themselves the rate at which they wish to impose the carbon tax but, in Quebec, we have a carbon exchange. However, the leader of the official opposition does not take that into account.

The leader of the official opposition says that it is thanks to him that hunting rifles were removed from Bill C‑21. We will have to reread the transcripts of the House and committees. The official opposition opposed Bill C‑21, just like it opposes anything that comes from anyone other than the leader of the Conservative Party.

Who worked on getting Bill C‑21 passed and getting rid of the lists that prohibited hunting rifles? It was us, the Bloc Québécois. It was my colleague from Avignon—La Mitis—Matane—Matapédia who stepped up to ensure that the original version of Bill C‑21 was not adopted. She did this extensive and exhausting work day and night for weeks and months. I commend her on that. I am truly grateful for her. The Conservatives kept filibustering to stop our work. It bothers them to see us work.

In the House, the Conservatives are prepared to say just about anything against the party in power, and against the Bloc Québécois and the NDP as opposition parties. I have not heard their thoughts on the Green Party, but I would not be surprised to hear the Conservative leader speak out against the Green Party. The Conservatives are against everything.

That is unfortunate, because there are some Conservatives I really respect. Some of them are excellent members, smart people who would be able to get things done and help us pass bills that would be good everyone and move Quebec and Canadian society forward. They are hamstrung, though. They have to support an ideological leader, a leader who is not interested in concessions and who is against any ideas but his own. What a shame. That is the Canada we are stuck with, and we, the people of Quebec, hope to get out of it ASAP.

Let us get back to Bill C‑48. It is not perfect by any means, but we have to take action. For years now, the Bloc Québécois has been asking the Liberals to make our streets safe and make things better for people in Quebec and the rest of Canada. Yes, the Conservatives supported us on that, but they were so incompetent and ideological about it, not to mention completely uninterested in compromise or discussion. It was unproductive and actually did more harm than good.

Yes, we have been fighting for that. We have been demanding it. We in the Bloc Québécois believe that having firearms in our streets is plain wrong, except in certain circumstances. I have no problem with armed police officers, but we do not want people walking around with illegal, restricted or prohibited firearms.

We have been asking the government to do something about this for a long time. Finally, today we have this bill. It was tabled last spring, just before the House rose for the summer, in late May or early June. I do not remember the exact date. Here we are, at any rate, with this bill before us today. It will not fix everything, but it somewhat does address the issue of offenders who are out on bail and who are not always adequately supervised.

I am more than willing to work on that, but that will not solve everything. It is only part of the problem. The real issue with firearms is that they go through the border as easily as going in and out of a Walmart.

We are asking for the creation of a joint task force to counter gun trafficking, made up of officers from the RCMP, the Sûreté du Québec, the OPP, the Akwesasne police service, or peacekeepers, and the American FBI. We believe we have to get serious about this because guns come in and out across the river and through Akwesasne's territory. The federal government does not seem to think it is that bad. Last year, Quebec invested $6 million to create a surveillance task force to patrol the river and stop gun trafficking. The federal government has done nothing while guns keep circulating. How many more files like this one is the government failing to act on?

Regarding bail, the issue is what we do with people who get arrested before they are found guilty or not guilty. Do we keep these people behind bars, or do we let them go with or without conditions? The bill is looking to get tough on crimes committed with restricted or prohibited firearms. Offenders will be automatically held in custody unless they can show that they pose no threat to society and that they can be set free until their trial. The onus is reversed, which seems to me like a good idea. We are going to get tough on people who carry firearms, who commit robberies for the purpose of stealing firearms or who engage in acts of intimate partner or interpersonal violence. This seems reasonable to me. However, again, the government has done nothing about gun trafficking.

Nothing has been done about the appointment of judges either. We know that the justice system in Quebec and Canada has had to operate under rules set by the Supreme Court in the Jordan decision. Trials now have to take place within specific time frames. Are these time frames reasonable? The Supreme Court, in its wisdom, has decided that they were, and I accept that.

Saying so is just the beginning, though. Judges have to be appointed if those trials are going to be held within the reasonable time frame set by the Supreme Court. If judges are not appointed, if the provinces do not get funding for better administration of justice, then we end up where we are now. There are no courtrooms. There are no clerks. There are no judges. What then? People are being released before their trial even starts. Has the Liberal government saved us from gun-related problems on our streets? I think not. On the contrary, I think the Liberal government has been negligent for years. As people were saying earlier, the Liberal Party has been in power for eight years, but it has been ignoring these problems for years.

The joint task force must be created. Arms trafficking must be stopped. Judges must be appointed. That seems pretty straightforward to me. A selection committee does the lion's share of the work. It sends a list of five or six names to the Minister of Justice, and the minister picks one. How can that possibly take months? Sooner or later, judges have to be appointed and the government has to transfer money to the provinces for the administration of justice. If that does not happen, we wind up where we are now.

People are saying that Bill C‑48 will solve the problem once it it is passed, but it will not. It will solve part of the problem. It will deal with people who are released even though they should not be. The committee will rework the bill, and I am glad we have come this far, but I am really disappointed that this is as far as it goes.

I would like my colleague, the Minister of Justice, to tell us what he is going to do about judicial appointments. In the coming weeks, can we expect judges to be appointed and all vacant positions to be filled, not 10%, 50% or 80% of these positions?

That is all the federal government has to do. The administration of justice is a provincial responsibility. The only thing the federal government has to do is appoint judges. The other thing it has to do, in terms of substantive law, is to adopt the Criminal Code and amend it. Can it do some serious work on this?

I hope that my colleagues in the Conservative official opposition will finally stop filibustering and allow the work to unfold in committee. I hope it will not take 20 years to get Bill C‑48 passed. We will not be here 20 years from now. This Parliament has only a year or two left to run, at most. It is really sad to see the Conservatives keep griping that the Liberals are doing nothing, but then turn around and filibuster when the Liberals do try to do something. I want to get going on this issue. Back home, in Rivière‑du‑Nord, people are fed up with crime. So am I, and I am sure that the same is true everywhere, across both Quebec and Canada. We need to address the situation.

Section 515 of the Criminal Code currently provides that an accused or someone who is charged with an offence will be detained only if necessary to ensure their attendance in court, for the protection or safety of the public or to avoid undermining the public's confidence. These rules strike me as entirely reasonable and sensible.

However, now the government is going to modify these rules by saying that, in certain cases, such as crimes committed with firearms or involving the theft or manufacture of firearms, the crimes will trigger a reverse onus. In the future, the accused will have to prove that they are not a danger to society and that they can be released without fear of failing to return to court, presenting a threat to public safety or undermining public confidence.

I would like to dwell for a moment on the issue of undermining public confidence. It may seem trivial, but it is the basis of our democracy. If the people of Quebec and Canada no longer have confidence in the justice system, it opens up the possibility of serious disorder with lasting effects. I do not want to see people take the law into their own hands. We already have problems with people leaving hospitals without getting treatment because they are tired of waiting so long. They go home, which only makes their condition worse. The same thing must not happen with the justice system.

This is Parliament's job. We must ensure that the rules are reasonable and that everyone, or the vast majority at least, abides by them. We must ensure that the law is applied in a reasonable and satisfactory manner to prevent citizens from “revolting” against the justice system.

It is true that Bill C‑48 will provide a better framework for bail and ensure that people at risk of reoffending are not released back into society while awaiting trial. That said, judges must also be appointed to ensure that these trials are held. Whether or not someone is detained pending trial, if there is no trial, the work will all have been for naught. Judges need to be appointed, and trials need to be held within a reasonable time frame. I think that is just as important.

It is important to recognize that not all accused persons are guilty, as we have already discussed. This is enshrined in the Canadian Charter of Rights and Freedoms and other statutes. There are rules to indicate that people are presumed innocent until proven guilty. Section 6 of the Criminal Code affirms this, as does section 15 of the charter and, implicitly, section 7.

The principle of presumption of innocence must be respected. There are countries where that is not the case, and I would not want to live in those places. I am happy to live here, in Quebec, which is unfortunately in Canada, but at least the same rules of presumption of innocence apply. As we often say, and as the courts have even affirmed, it is better that a guilty person go free than that an innocent person be imprisoned. This can be very discouraging because, for victims, the fact that a guilty person is out on the street makes no sense. However, that is the choice our society has made, and I am willing to accept and uphold that principle.

The decision to release an accused person must be taken very seriously. Bill C-48 seems reasonable to me, but, I as I said, trials must also be held. This requires judges and funding. Is my colleague, the new Minister of Justice, serious about this? Does he intend to do his job properly and appoint as many judges as it takes over the next few weeks to fill all the vacancies? I hope so.

In closing, Bill C‑48 responds to a request made by the 13 provincial and territorial premiers in January 2023. It is now September 2023. I know that things can sometimes take years. In this case, it did not take years because it is still 2023, but the bill has not yet been passed, and perhaps it never will be if my Conservative colleagues oppose it. Regardless, from January of one year to May of the following year is still a rather long time. The government could have acted more quickly, but I still applaud this decision.

I repeat that the Bloc Québécois will work seriously with the government any time its work supports Quebeckers' interests and values. I believe that Bill C-48 does just that, and we support it. We will see what happens after the bill is examined in committee, but we will support it.

However, that will not stop us from continuing to demand that this government get serious about appointing judges, among other things. It will also not stop us from asking our official opposition colleagues to stop obstructing the work of the House when a bill is in line with their interests and those of both their constituents and ours. We are asking the members of the official opposition to take their job seriously and to act responsibly.

[Pierre Poilievre, Conservative, Leader of the Opposition]

Mr. Speaker, after eight years of this Prime Minister, the cost of living is going up because of an inflationary tax that the Bloc supports and that they want to drastically increase. The cost of living is also going up because of inflationary deficits.

It no longer pays to work and the cost of housing has doubled. The desperation that these policies have caused is leading to a crisis of homelessness, drug use and crime. That is the situation after eight years of this Prime Minister.

Today, we are rising in the House of Commons to talk about the utter chaos that the Prime Minister has unleashed on our streets with his changes to the bail system. He introduced Bill C-75, which was passed. That law allows criminals who have been charged dozens of times to be released on the very day they are arrested.

That bill was supported by the Bloc. Yes, voting for the Bloc is not worth the cost. A vote for the Bloc is a vote for Liberal policies that cause crime in our streets. What are the consequences of that Liberal-Bloc policy?

After eight years of this Prime Minister, violent crime has increased by 39% and homicides by 43%. Gang-related homicides are up 108%. Gun crime is up 101%. I will stop there for now. The Prime Minister thinks that fighting gun crime means banning hunters’ weapons. He stated in his comments that he wanted to ban firearms that are used for hunting. That is what he proposed in Bill C-21, to which he added 300 pages containing the list of hunting weapons he wanted to ban.

The Bloc Québécois was beyond happy, it was ecstatic. The Bloc said it wanted to adopt that list and that it had been waiting many years for this major ban on hunting weapons. Now the Bloc leader is trying to do an about-face, trying to make the people in Quebec's regions forget that the Bloc betrayed them with its agenda of banning hunting weapons. The Bloc Québécois also voted in favour of a law that allows criminals who use firearms to commit violent acts to return to our streets on the day they are arrested.

That approach did not work. We Conservatives will protect hunters and put the real criminals in prison. We will allocate resources to the border to prevent weapons from entering the country illegally from the United States.

Moreover, we see that assault causing bodily harm has increased 61%. Sex crimes against children increased 126% after eight years of this Prime Minister. Car thefts increased 34% after eight years of this Prime Minister.

This is the record of this government’s approach of freeing the most violent criminals while banning hunting weapons. This does not actually work. It does not make sense. That is why the Conservative Party is the only party in the House of Commons that had the common sense to oppose this and stand up for the rights of hunters. We are going to put criminals in prison and protect law-abiding citizens.

We know that the Conservative approach works, because when we were in power the crime rate decreased by 26%. We targeted the most violent and vicious criminals and made sure that repeat offenders were sent to prison. All the other parties said that this would increase the prison population. In fact, the number of prisoners decreased by 4.3%. There were fewer people in prison and less crime on our streets. In addition, we were able to eliminate the gun registry to protect our hunters.

Our approach works because by targeting the most violent criminals and denying their release to prevent them from committing the same crimes again, we can protect society and deter crime by others. We will take that common-sense approach again when I am prime minister of Canada.

Today, we have a bill that partly reverses the damage that the Prime Minister has caused. We all know that after eight years of the Prime Minister, life costs more, work does not pay, housing costs have doubled, and crime, chaos, drugs and disorder are common in our streets. We know that his policy of freeing repeat violent offenders the same day they are arrested came to us in Bill C-75, supported by both Liberals and their coalition partners. In fact, the NDP wanted to go even further.

What are the consequences of their catch-and-release policy? Violent crime is up 39%. Homicide is up 43%. Gang killings are up 108%. Aggravated assault is up 24%. Assault with a weapon causing bodily harm is up 61% increase. Sexual assault is up 71%. Sex crimes against kids is up 126%. Kidnapping is up 36%. Car thefts are up 34%. These crimes are almost always committed by a very small minority.

The good news is that we do not have a lot of criminals in Canada. The bad news is they are very productive. They are allowed to be productive because of the catch-and-release policies passed in Bill C-75 that allow an offender to be arrested often within hours of their latest crime. In Vancouver, the police had to arrest the same 40 offenders 6,000 times, because the police and the system required them to be released under the Prime Minister's bill, Bill C-75.

The bill before us today partly and modestly reverses the catch-and-release bail system that the Prime Minister created, but it does not go far enough. Our policy is very clear. A common-sense Conservative government led by me will bring in jail and not bail for repeat violent offenders. Those offenders with a long rap sheet who are newly arrested will be in our jails today.

When we brought in policies of this sort under the previous Conservative government, we not only reduced crime by 25%, but we actually reduced incarceration rates. That was against all of the rhetoric of the radical left that said that we would have to build mega prisons to accommodate all the criminals. In fact, our laws were narrowly targeted at the worst repeat offenders and they scared the rest of the criminals away. We actually had fewer criminals, less crime and, therefore, fewer prisoners. That meant safer streets.

The Prime Minister has unleashed a crime wave over the last several years.

I was just in Whitehorse yesterday at Antoinette's restaurant. The owner told me that his restaurant had been robbed 12 times in 18 months, multiple times by the same offender who was released again and again. In fact, police officers told him they were going to stop arresting the offender because it was not worth the time of having him arraigned and being released almost immediately. It was easier and more cost-effective to just leave the thief on the streets and let him do his business.

That is how broken our criminal justice system is after eight years of the Prime Minister. Now he has appointed a radical justice minister who says that crime is all in the heads of Canadians, that their imaginations have gone wild. However, the data proves otherwise.

It turns out that Canadians and Conservatives are right. A common-sense Conservative government will fix the mess the Liberals made. It will fix what is broken with jail and not bail. Now, let us bring it home.