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.

Criminal Code

[Jean-Denis Garon, Bloc, Mirabel, QC]

Madam Speaker, there are a lot of good things in the bill and we will have the opportunity to propose amendments at committee.

However, the bill will not allow for the seizure of weapons being used to commit crimes. We know that the weapons being used right now in Montreal are, in many cases, being wielded by criminal groups and that they have been smuggled across the border illegally.

For several weeks, and even months, the Bloc Québécois has been calling on the Minister of Public Safety to create a registry of criminal organizations, so that police officers can apprehend their members and better fight crime in Montreal.

I wonder if my colleague agrees with the suggestion to create a registry like this as quickly as possible, so that we can rid Montreal of these weapons.

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

Madam Speaker, he is absolutely right. We need to ensure that law enforcement has the tools required. Whether on the streets of Montreal or on the gravel roads in Battle River—Crowfoot, law enforcement needs the tools that are required to ensure that the law can in fact be enforced.

When it comes to a gang registry, that is a very interesting idea that could very well have some merit. It also needs to expand to the fact that we have a problem with illegal guns coming over our borders. Border enforcement agents have shared with me how there is so little enforcement that they do not even know the half of many of the illegal activities and contraband items, including firearms, that could be coming across our borders.

It is somewhat rich and tragic, I would suggest, that instead of addressing the illegal firearms, and admittedly it would be a challenge to do so, they are targeting law-abiding firearms owners who are not the problem.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, the massacres that took place in Quebec, like the ones at the École polytechnique in Montreal and the mosque in Quebec City, were committed with assault weapons, not hunting rifles. Handguns, not hunting rifles, are what are being used in the shootings in the streets of Montreal.

Is it not true that the first thing that should be done is to restrict some people's ability to get their hands on these extremely dangerous weapons?

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

Madam Speaker, as is the case with any tragedy, and the member is right, law enforcement needs the resources to be able to get the job done. When it comes to those who are vetted through the regulations and structures that we have in this country, generally Canadians are pretty happy with them. They generally do a pretty good job of ensuring that firearms are well regulated, that there is safe structure and a system that works.

We need to address, however, all those who commit crimes, who smuggle those guns, and who are exposed to extremist ideologies and would perpetrate hate crimes. When it comes to those who are law-abiding firearms owners, that is not the problem. Let us deal with the hard, challenging issues to reduce crime on our streets and on gravel roads across the country to ensure that Canadians are actually protected.

[George Chahal, Liberal, Calgary Skyview, AB]

Madam Speaker, after being elected to Calgary City Council in 2017, I promised my constituents I would always fight for safer communities. Since my election to the House as a member of Parliament, I have not wavered on that commitment.

As we witness horrifying gun violence south of the border alongside a steady increase in crime involving firearms across our country, it could not be clearer that at this time we need decisive action. I am honoured to rise in the House of Commons today to speak in support of Bill C-21, our Liberal government's firearms legislation.

It is a privilege to be part of a government that understands and acknowledges the extent of the problem caused by guns in our communities. I am proud that our Minister of Public Safety has brought forward this robust piece of legislation.

Today, I am speaking to Canadians whose lives have been forever changed by gun violence and am sharing why I support our government's steps to create safer communities.

Gun violence is on the rise across Canada, whether the opposition would like to admit it or not. In my time serving on Calgary City Council, I recognized the urgency needed by all levels of government to tackle gun violence. This is why I brought forward Calgary's public safety task force and served as its chair.

We brought together stakeholders from the community, academia and law enforcement as well as three levels of government to engage with those who are most affected by gun violence. We acknowledged the problem, we listened to those affected and we proposed common sense steps our city government could take to address gun violence. We did not find all the answers, but we collectively acknowledged the need for a multi-faceted approach.

Today, I am fortunate to sit on this side of the House, where the urgency needed to address the fight against gun violence is matched by meaningful action. Illegal firearms are a significant threat to public safety in Canada and worldwide. The numbers do not lie. Violent offences involving guns have increased by over 80%. The proportion of homicides that involved a firearm rose from 26% of all homicides in 2013 to 37% in 2020. Specifically, handguns were the most dangerous weapon in 60% of firearm-related violent crimes between 2015 and 2020. A multitude of statistics point to the following conclusions: Gun crime is rising across Canada, and handguns are involved more often than not.

It is not strictly an urban issue, either. Data from Statistics Canada shows that gun crime rates are high and trending upward across rural Canada. Gun violence affects all Canadians, regardless of their postal code. We have seen too many horrific crimes at the hands of guns. Countless lives have been lost and families have been torn apart due to gun crime.

It is time to deal with this. When policy-makers talk about gun violence, we often get caught up in the statistics, trends and numbers. The numbers mask a harsh reality. Gun crime destroys lives and communities.

I hear stories on a near weekly basis about gun violence impacting Calgary, my home.

On May 10, Angela McKenzie, a mother of five beautiful children, was murdered by a man with a gun in the northeast quadrant.

On May 18, a student brought a handgun to Bowness High School in northwest Calgary. Thankfully, nobody was hurt that day. A few days later, a shooting in the quiet southwest Calgary neighbourhood of Acadia sent an 18-year-old to the hospital.

Last week, a man was shot in southeast Calgary. He passed away in the hospital on Wednesday.

On Friday, 25-year-old Autumn Levi Cross Child was killed by a man with a gun in northeast Calgary.

The victims are so much more than numbers in a police report. They are real people with names, families, friends, hopes and dreams. From January until last week, only a little more than halfway through the year, Calgary has seen 66 shootings. The effect that each of these shootings has had on the broader community is immeasurable. We must do better, and our government's proposed amendments to the Criminal Code and Firearms Act are a massive step in the right direction.

The thing is, our Liberal government knows what we need to do and we are not afraid to do it. While opposition members close their eyes and pretend that gun violence is not an issue or say that we are simply punishing law-abiding firearm owners, on this side of the House we prefer to face reality and deal with the problems head-on. We are dealing with these problems through Bill C-21 because we cannot allow Canadian communities to continue to be irreparably damaged by criminals with guns.

This issue is personal to me. Like many Canadians, I have lost friends and loved ones in firearms-related incidents. I have seen the devastating impact that gun violence has brought upon communities. It is one of the reasons I put my name forward in my first election. As a Calgary city councillor, I was grateful for the opportunity to chair our city's public safety task force, serve on our police commission and learn more about gun violence.

We looked at studies and statistics and engaged with relevant stakeholders, including the Calgary Police Service, the Calgary Police Commission, community members directly impacted by gun crime and community leaders. Throughout our meetings, interviews, round tables and research, there was a recurring theme: We need to do more to keep guns off our streets.

Our government is following through on one of our public safety commitments to Canadians with Bill C-21. Bill C-21 would provide our government with several tools to reduce gun crime. It would implement a national freeze on the sale, purchase or transfer of handguns. Handguns are the preferred weapon of criminals, and action to keep them off of our streets cannot wait. They simply have no place in safe communities.

Our government is taking an evidence-based approach that would target illegal gun and gang activity. We are not targeting law-abiding gun owners with these measures. We are taking immediate action against the criminals who use guns to disrupt law and order and commit violent crimes by capping the market for their weapon of choice. This bill would directly result in fewer illegal handguns on Canadian streets.

Bill C-21 also proposes a red flag provision that would allow anybody to apply for an emergency weapons prohibition. This would immediately allow authorities to remove firearms from an individual who poses a danger to themselves or someone else—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The hon. member's time is up. I am sure he will be able to add more during questions and comments.

We have a point of order from the hon. Minister of National Revenue.

The House resumed consideration of the motion that Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be read the second time and referred to a committee, of the amendment and of the amendment to the amendment.

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

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

I will look directly at the member and say that on this side of the House, we care about gun crime. I spent three years of my life invested in doing everything I could with respect to my job when it came to gun crime, and I believe that my colleagues share that same sentiment. We do not want to see another shooting.

My question is twofold. First off, I am sorry, as I noted the hon. member spoke about the people in his life who have been impacted by gun crime. That is horrible and we do not want to see it. However, the member cited a number of cases, and I am wondering if he knows whether the guns used were legally or illegally obtained, and why we are not going after illegal guns in Bill C-21. Second, how does he reconcile this speech with the fact that we have lowered sentences with conditional sentence orders in Bill C-5?

[George Chahal, Liberal, Calgary Skyview, AB]

Madam Speaker, I thank the hon. member for Kamloops—Thompson—Cariboo for his heartfelt comments.

To address his question, I can tell him that the Calgary Police Commission provided data several years ago on guns used in gun crime. The majority of them were legally obtained. That is an important statistic for the House to know, and we need to make sure we take action on that.

Guns are smuggled across the country, as we know, and that is why our government has taken strong action in supporting CBSA to ensure that we combat smuggling with stricter penalties.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The hon. member for Battle River—Crowfoot has a point of order, and I hope it is not a point of clarification.

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

Madam Speaker, it is a point of order related to the motion the Minister of National Revenue moved. As agreed to by the House, there is the requirement that another House leader concur with the government, and certainly—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

As the hon. member knows full well, I have ruled on this on a number of occasions, especially yesterday. I will remind him that as the Chair has previously pointed out, the motion adopted on May 2 simply states that a minister must have the agreement of another House leader. It does not require that the parties to the agreement communicate to the House, and it is not my responsibility to judge that. Therefore, I remind the member, and any other members who wish to stand on this, that I will not accept any other points of order on the motion the minister has tabled.

The hon. member for Saint-Hyacinthe—Bagot.

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, we are currently discussing a bill that would strengthen gun control. We are prepared to study it and analyze it in committee.

However, as the Montreal police have fully shown and documented, most gun violence is committed with illegal weapons, contraband weapons.

Why is it that the government is not taking steps to stop this smuggling, despite all the pressure we have been exerting for a registry of criminal organizations and more measures at the border?

[George Chahal, Liberal, Calgary Skyview, AB]

Madam Speaker, this bill does address some of the issues on smuggling at the border that have been brought forward by my colleague.

I also want to acknowledge that in urban centres, our government has supported municipalities through the building safer communities fund by providing Canadian municipalities with $250 million for crime prevention. It is money to make sure youth in our communities, the kids who are vulnerable, do not get involved in this type of activity. I would love to work with the members across the aisle to ensure that we learn from each other to see what is working well across Canada and to make sure we support each other in our communities.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, the member mentioned the red flag provision, which is an important provision. Community members are saying, though, that the process the bill outlines is an onerous one because people have to petition the courts to put it in place.

How would the government address this issue? We need quick action when it comes to saving lives.