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.

Second Reading

[An hon. member]

Even the “Liberalist”?

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

Madam Speaker, even the “Liberalist” can be circumvented, but that is another matter.

What we are saying is that we would resolve a big part of the problem that was mentioned regarding air gun users. We are proposing that the bill include a clear definition of what constitutes an assault weapon, rather that listing all the weapons that are banned. There are currently 1,800 weapons on that list. It is never-ending. Weapons would need to be added to the list annually or even monthly to cover everything that needs to be covered. We would not be able to keep up. Instead, we should establish a clear definition of what constitutes an assault weapon and then ban them all. A weapon that does not meet the established definition would be allowed. That would surely satisfy the many firearms users who are telling us that the gun they use is being banned when there is no reason for it because it is not a real assault weapon. If we clearly define what constitutes an assault weapon, we can avoid a lot of discussion and problems regarding air gun users.

What really takes the cake is hearing the Minister of Public Safety and the Minister of Justice tell us that the increase in maximum sentences set out in Bill C‑21 will solve a lot of problems with crime, shootings and so on. We have been opposing Bill C-5 for months because the bill is unexpectedly and inopportunely going to eliminate minimum sentences for gun-related crimes. We are saying that the minimum sentences for gun crimes must not be reduced. People want us to do something about the shootings. In the case of that bill, the minister told me not to worry about it because criminals do not care about the elimination of minimum sentences. That does not concern them. There is not one criminal who worries about what the minimum sentence is before they commit a crime.

Today, not even a week later, the Minister of Public Safety is boasting about how great the government is for taking action on shootings by increasing the maximum sentences. Something does not add up here. I do not get it.

About increasing the maximum sentences from 10 to 14 years, I think that someone committing a firearm offence cares more about not getting caught. Is the maximum 10 years or 12 years? I would be surprised if that person thought long and hard before committing the crime. Having said that, we obviously cannot be against this measure. I think it is a good measure, but it will have virtually no effect on the growing crime rate.

Then there are the yellow-flag and red-flag provisions. This is a good thing. For quite some time, many women's groups and victims' groups in the community have been saying that someone who becomes threatening or violent should have their licence and weapons taken away. The red-flag provisions would allow for the confiscation of a firearm from someone who is a danger to themselves or others. If someone is accused of domestic violence or stalking and a protective order is issued against them, their licence could be revoked or at least suspended.

The red-flag and yellow-flag provisions are a good thing, and the Bloc Québécois is happy to support them. We thank and commend the government for them.

As far as cartridge magazines are concerned, they are already limited to five bullets or a bit more depending on the type of gun. We were glad it was limited because no one who goes hunting needs a cartridge magazine with 20 bullets, unless they are a bad shot. If so, they would be better off staying at home. Limiting the capacity of cartridge magazines to five bullets was already a good thing. Bill C‑21 also seeks to prohibit the alteration, import or resale of these cartridge magazines and make it a Criminal Code offence. These are good provisions that the Bloc Québécois supports.

Again, I want to reiterate what my colleague from Avignon—La Mitis—Matane—Matapédia and I have been saying for weeks in the House: There is a problem. Bill C‑21 is a good bill, but 95% of the shootings happening right now every day in the streets of Montreal and elsewhere are committed with illegal handguns that were acquired on the black market.

That is what people want us to tackle. People talk very little about legal guns, if at all. They do talk about them, that is true, but those guns are not used to commit most crimes, although it does happen. Once again, the Bloc Québécois is in favour of Bill C‑21, but what is the government doing about the illegal guns that are used to commit 95% of crimes?

The Bloc Québécois is very worried about that because our voters are worried about it. Perhaps Liberal voters are not worried about it, but I will let the Liberals discuss it with their voters. People are talking about it in our ridings. People call my riding office and ask me when will we solve the problem of people shooting at one another in the streets of Montreal like in a western. It is outrageous, and we must act. However, Bill C‑21 does nothing about that.

Last week, Quebec announced $6.2 million to tackle gun smuggling through Akwesasne. That is a good thing, and we were pleased. However, Quebec should not be paying for it, given that border control is a federal responsibility. It would seem that the Liberals are not interested in managing things that fall under their jurisdiction. It is disappointing and worrisome for the public, and for the Bloc Québécois.

As my colleague from Shefford stated, the Bloc Québécois will be voting in favour of Bill C‑21. However, once again, we are very disappointed with this government's complacency on the issue of guns illegally crossing our border.

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

The hon. member for Drummond on a point of order.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, out of curiosity, I just want to make sure that we have quorum for today's debate.

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

I will check.

And the count having been taken:

We do have quorum. The hon. Parliamentary Secretary to the Leader of the Government in the House of Commons.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I suspect the member was curious about quorum because there were no Conservatives, but I will not say anything further on that.

To the member, I want to go back to air guns, which look like and appear to be real guns, although they are replicas. What is the Bloc's position on that? Does it believe air guns that replicate real guns are a danger to society?

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, I rise on a point of order. I know it is against the rules of this place to reference the presence or absence of members, and I would suggest that the statement made by the parliamentary secretary may have approached, and possibly even crossed, that line. I would encourage you to make a ruling on that matter.

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

The hon. member is quite correct, and I would like the hon. parliamentary secretary to take note.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I would apologize for making note there were no Conservatives in the chamber.

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

The hon. parliamentary secretary knows that we cannot say indirectly what we cannot say directly. I would like to insist on that.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, unreservedly, I apologize.

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

Madam Speaker, in response to my colleague's comment about air guns, I will say that the bill needs to explicitly define what an air gun is. I think that the assault weapons that this bill is meant to ban need to be better defined. Such a definition would necessarily exclude air guns, which are for recreational purposes. We could also define what kinds of air guns are acceptable, based on the air pressure in the cylinder, for example. There are a variety of criteria that could be used. I am not a firearms expert.

One thing is certain: What matters most is not the toy guns being used for play, but the real guns shooting real bullets in our streets. I would like people to stop avoiding the topic and stop talking about toys. We need to be talking about the real weapons that are being used to kill real people in our communities every single day.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, I was glad to hear the member say that the Bloc is supporting the red flag laws, which would allow for the removal of firearms from homes, because we know that, in this country, there are about 10 intimate partner violence incidents a week involving firearms.

Would he agree with me that is one of the reasons for urgency in getting this bill through Parliament? Despite other concerns we have about the bill, I think it is very important that we do something to help remove firearms from homes with intimate partner violence.

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

Madam Speaker, I completely agree with my colleague. This needs to be done as soon as possible. It is past time. In my opinion, it should have been done long ago. I never understand why the government waits and stalls like this, but I agree that this should be done quickly. I thank my colleague for his question. I am not saying that we will support each and every clause in the bill. We will see as we go. However, we will do whatever it takes to ensure that it moves forward and to steer clear of unnecessary, counter-productive roadblocks.

[Mike Morrice, Green, Kitchener Centre, ON]

Madam Speaker, I would like to thank the member for Rivière‑du‑Nord for his speech. The group PolyRemembers has some concerns about Bill C‑21, including the fact that it does not ban assault weapons outright.

How important does he think it is that this be added before the bill is passed?