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

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, I withdraw that comment.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Madam Speaker, I thank my colleague for his speech. He knows I love him. We were on a 12-day mission together not long ago and I had a great time. We had some great discussions, but we could not get away from debating guns. We disagree, and that is just the way it is.

I would like to know what he thinks about the Bloc Québécois's proposal to create a list of groups in our cities that stir up trouble with shootings all over the place. We would like to have a list of these groups, like the one we already have for terrorist organizations.

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, I thank my colleague for his question. I have a great deal of respect for him.

I have no issues with lists of criminal organizations right across this country. The challenge I have in my riding, as in a lot of rural ridings, is how we quantify that and get down to it, etc. I have no issues with criminal organizations being listed. I think that is important information that law enforcement should have if it can help, because I think it really gets to the root causes of gun violence in Canada: illegal crimes and gangs. Let us fix that.

[George Chahal, Liberal, Calgary Skyview, AB]

Madam Speaker, there is a lot in my colleague's speech I would disagree with. I spent a number of years chairing a public safety task force in the city of Calgary talking about guns, gangs and gun violence. Also, I was a member of the police commission in Calgary. My colleague talked about data and using data on gun crimes. In western Canada, in Calgary, it was identified that the majority of guns used in crimes were obtained through legal means: through legal purchases and ownership.

I would like to ask my colleague this. Knowing that data point, what can we do to make sure that those legally obtained guns are not used in a crime? Those were the majority of the guns in the data provided by the Calgary Police Service last year at the Calgary police commission. What can we do to prevent that from happening? What would he want to see in this or other bills to make sure that guns and gun owners' rights are—

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

I have to give the hon. member the opportunity to answer. The hon. member for Bruce—Grey—Owen Sound.

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, as my first question, let us provide that data. I would love to see it. Please email me that data, because that data has not been tabled. I have been asking for the government to table any data around firearms crime that has been committed by legal firearms owners or by legal firearms, but the government has refused to table it and bring it forward.

I guess the best bet, going back to a previous speech and the amendment, which is what we are actually debating here, would be to refer this whole study to the committee of public safety and deal with it there. Then we can bring back legislation that actually makes sense and is informed, rather than being based just on political—

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

Resuming debate, the hon. member for Brandon—Souris.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Madam Speaker, right off the bat, I want to point out that our Conservative team was willing to split this bill so that the House could swiftly pass the clauses on which we all agree. There are parts that we still need to debate, but we were prepared to make sure that the other elements could quickly proceed. We would have immediately sent on to the committee stage the elements of Bill C-21 that are focused on protecting potential victims of firearms crime and tightening up laws that address firearms smuggling. Those elements would have also included red flag provisions to allow law enforcement to remove firearms from dangerous domestic situations more quickly and to allow more severe penalties for criminals smuggling guns.

It was a reasonable proposal and it was disappointing that the government did not accept the offer. As with all firearms-related legislation, the government is far too comfortable with labelling those who disagree with it as firearms lobbyists. It is more than willing to disparage us and law-abiding firearms owners than to propose legislation that fixes the root issue of firearms violence. In the 2019 election, the Liberals tried to scare people into voting for them in our riding by sending out a brochure with firearms on it. It did not work, and they got 12% of the vote. The Liberals once again tried to scare people in the 2021 election, and the result was the same:12% of the vote.

The good people of Westman are not buying what the Liberals are trying to sell. A couple of years ago, I took my RPAL, my restricted possession and acquisition licence, and went for training in the basement of the late Don Teale. Like hundreds if not thousands before me, I sat in his makeshift classroom in his home in Brandon with a dozen or so Westman residents who had signed up to take their firearms training. As I walked into the room, I could tell that a few of the other students were slightly perplexed about why I was taking the safety training with them.

Not long afterward, Don, who was a plain-spoken and straight-shooting veteran, told them how happy he was that a sitting member of Parliament was educating himself for the firearms act. Don was right. I was not in his basement because I wanted to purchase a firearm; I took the training to get a better idea of the rigorous process that Canadians must go through before they can get a firearms licence.

As a lot of MPs might know, there was a movement a couple of years ago from law-abiding firearms owners urging legislators to get their PAL or their RPAL. They were tired of politicians getting up and speaking about the firearms act without ever reading or understanding it. They were upset that too many are quick to disparage firearms owners without understanding the law or the process.

There is no evidence to justify many changes found in the Liberals' firearms legislation. In fact, they are only further burdening law-abiding firearms owners, rather than actually going after the people who commit the crimes. I, for one, would prefer that our law enforcement agencies and our Government of Canada spend their time, energy and resources in cracking down on gangs and criminals.

Since the Liberals announced Bill C-21, I have received countless emails from law-abiding firearms owners who feel that once again the government is using them as a scapegoat instead of tackling the root of firearms violence in Canada. I have heard from retired law enforcement officers, veterans, competitive sport shooters and everyday Canadians who are tired of being blamed and shamed by the Liberal government. They are fed up with the Minister of Public Safety's gaslighting.

To give just one example, the minister said, “Bill C-21 doesn't target law-abiding gun owners, it targets handgun violence, it targets organized crime.” Of course this bill targets law-abiding firearms owners. Suggesting it does not is an insult to the intelligence of those who have been following this debate. I am looking forward to watching the deputy minister appear at the public safety committee to inform the MPs that we have all just misunderstood the minister once again.

The reason firearms businesses have run out of stock is that as soon as this bill was announced, everyone with an RPAL went out to purchase a handgun before the freeze takes effect. Anyone who tries to phone the RCMP firearms centre right now will sit on hold for hours, as everyone is trying to purchase or transfer a firearm right now. How could the Minister of Public Safety go on national television and say something so erroneous? Does he actually believe what he is saying? He knows perfectly well that Bill C-21 is going to prevent Canada's RPAL holders from ever purchasing a handgun once this legislation passes.

The truth of the matter is that the Liberal government decided to target law-abiding firearms owners from the moment it came into office. The Liberals repealed various elements of the common sense firearms act that my colleague just talked about, Bill C-71. They deleted the sensible change of introducing an automatic authorization to transport firearms and they then removed any oversight of the classification of firearms.

Let us fast-forward to 2020, when the Liberals reclassified hundreds of firearms as “prohibited”. With the stroke of a pen, they made millions of firearms illegal to use in Canada. Some of these firearms have been in people's possession for decades, and now the government is spending hundreds of millions of dollars to purchase them so they can be destroyed.

If those hundreds of millions of dollars were spent on policing, social programs or literally anything, there would be a much better chance of reducing crime. Once again the government has failed to make a serious case for one of its bills, and in doing so, it is unnecessarily going after millions of law-abiding firearms owners who have done everything by the book.

According to Brian Sauvé, president of the National Police Federation, “it is the experience of law enforcement that most of these guns are illegally obtained,” and I would add, “from the United States”.

As our Conservative shadow minister of public safety said in her speech, the committee recently studied guns and gangs and had a very robust debate. It had police and crime experts appear, and not one recommendation in its report was to ban handguns. That is because none of the experts, none of the police experts and none of the community anti-gang experts said that banning handguns would be a solution. All of them said that such an approach would not work.

In relation to some questions we just had, the committee heard from the Toronto police that over 85% of handguns used in violent crimes are smuggled in from the United States. From Quebec, Chief Inspector Benoît Dubé said that most firearms linked to crime seized in his province come from the United States. He said, “We need to focus our efforts on the borders between the United States and Canada.” According to Chief Inspector David Bernard from the Montreal city police service, approximately 80% of illegal firearms seized in Quebec have been smuggled in from the United States.

To date, we have seen very little evidence from the government to suggest that law-abiding firearm owners are responsible for the rise in firearm homicides and shootings. What we do have is a gang and organized crime problem in Canada. On a weekly basis, we are hearing about deadly shootings happening across the country. All this violence has led to the tragic loss of too many, and it is having an impact on countless communities and neighbourhoods.

According to the latest Statistics Canada data, there were 8,344 victims of police-reported violent crime in which a handgun was present during the commission of an offence, which is a rate of 29 per 100,000 population. Since the Liberals were elected in 2015, gun crime has gone up steadily each year, and for residents in Toronto, Montreal, Vancouver, Edmonton, Winnipeg and other cities, gun violence is an everyday occurrence.

I have always stood for common sense firearm safety and strong consequences for those who commit firearms offences. If the Liberals had proposed a bill that explicitly focused on guns, gangs and criminals, they would have found a much more receptive audience on this side of the House.

For years, we have been calling on the government to address gun smuggling and improve the ability of border agents to prevent the flow of illegal firearms into Canada. I cannot and will not support legislation that specifically targets law-abiding firearms owners and ignores the root problems of illegal firearms.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, I listened to the intervention from the member and I could not help but reflect that he was here when the Conservatives were last in power. I realize that part of his argument, as it often is from the Conservatives on gun-related issues, is about cracking down on illegal guns that are coming across the border, but I cannot help but reflect on the previous government. He was part of that government, as he was a member of the Conservative Party when Stephen Harper was the prime minister, and that government actually significantly reduced funding that border services needed in order to crack down on this kind of stuff.

Can the member inform the House how he responded to that when Stephen Harper was the prime minister and he got to sit in a caucus meeting with him? Did he often and routinely raise the issue that the government of the day should not be removing money needed by border operations in order to crack down on this illegal activity?

[Larry Maguire, Conservative, Brandon—Souris, MB]

Madam Speaker, I thank my colleague for his question, as ill-informed as it might be.

I just wanted to say, though, that for the last three elections, if he has been paying any attention at all, this side of the House has been calling for greater efforts to stop smuggling guns into Canada. All of the police chiefs and heads of police in the provinces that I just spoke of in my speech—and I know he was listening to it, because that was what he was referencing—show us that 80% to 85% of these crimes are caused by illegal guns that have been smuggled into the country, and that is where our focus should be. That is where the dollars can be spent the best to try to prevent the unconscionable street crime that we are seeing.

[Martin Champoux, Bloc, Drummond, QC]

Madam Speaker, I want to congratulate my colleague from Brandon—Souris on his speech, and I have a message for him from the member for Jonquière, who wants to congratulate him on his hard work.

In Bill C‑21, the government opted to include a list of prohibited assault weapons, specifying models. Our colleague from Rivière-du-Nord suggested a completely different approach, which is to precisely define what constitutes an assault weapon so that weapons can be prohibited if they meet the criteria in the definition, not just if they are a certain model. What does my colleague from Brandon—Souris think of that?

[Larry Maguire, Conservative, Brandon—Souris, MB]

Madam Speaker, I want to thank the member for Jonquière for his compliments on my abilities.

This is exactly the point that my colleague was just trying to make: The government has never come up with a definition of an assault rifle. My colleague, as we know, has gone to great lengths to try to find that in all of the debates and in all of the information that is available today. The government cannot even define it for us.

That is why this legislation is such a flawed piece of work. It needs to go to the public safety committee so that it can come back, as was indicated by the member and my colleague from Bruce—Grey—Owen Sound here, with recommendations that will really help fix the problem, instead of blaming law-abiding firearms owners.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, I always enjoy hearing the member for Brandon—Souris speak and I have enjoyed my conversations with him as we have travelled across the country back and forth.

He said that the Conservatives are anti-crime, and I believe that, but there is a question that perplexes me. He knows, as he has been in the House for a long time, that when the Harper government was in power, it destroyed, gutted, the crime prevention programs right across the country.

In British Columbia, we had a very active crime prevention sector. It was gutted and eliminated, and it does not make sense, because for every dollar we invest in crime prevention, we save $6 in policing costs, in court costs and in jail costs. Putting in place effective crime prevention strategies and funding them adequately actually makes a great deal of sense.

Why did the Conservatives do that? Why did they gut crime prevention programs when we know they are very cost-effective and help to reduce crime?

[Larry Maguire, Conservative, Brandon—Souris, MB]

Madam Speaker, I respect my colleague as well. We have had many of those good conversations.

I want to say that it is not the registration of a firearm but the licencing of it that will help prevent crimes. The only difference is that firearms should be licensed according to their function, not their form.

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

The parliamentary secretary to the government House leader is rising on a point of order.