This bill was previously introduced in the 43rd Parliament, 2nd Session.
Bill Blair Liberal
This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill. The Library of Parliament often publishes better independent summaries.
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.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Michael Cooper Conservative St. Albert—Edmonton, AB
Madam Speaker, the Liberals' so-called municipal handgun ban has been widely criticized by law enforcement. For instance, former OPP commissioner Chris Lewis characterized it as “ridiculous”. The hon. member accurately noted that it would create a confusing patchwork from municipality to municipality.
Does the hon. member agree that the effect of this measure would be to target law-abiding firearms owners, while doing next to nothing to enhance public safety?
Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC
Madam Speaker, I thank my colleague for the question.
It would be a complete mess if nearly 5,600 municipalities had different rules.
As I said, it was not the municipalities who promised to control handguns, it was the federal government. The Liberal Party made this promise during its election campaign before being elected. Once in power, it delegated this responsibility and washed its hands of it. In fact, it did not keep its word.
I want the government to keep its word. The government is the one that promised to control handguns, it is the one that should bring in one rule for the entire country.
Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC
Madam Speaker, I thank my colleague for her nuanced, intelligent and well-informed speech.
The NDP supports the Liberal government's plan to ban and remove from circulation military-style assault weapons, the sole purpose of which is to kill a lot of human beings. We will all be much safer once these machine guns and submachine guns no longer exist.
What does my colleague think of the half-baked voluntary buyback program that the Liberal government is proposing?
I find it really hard to understand the government's argument that it will ban the use of these weapons. People will not be able to use these weapons, up until the day that they do use them, at a school, a mosque or a church.
What does this mean for our safety in the medium and long term?
Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC
Madam Speaker, I thank my colleague for his kind words.
That is the crux of the problem. People do not use something until they do. I mentioned this problem in my speech.
There is a big difference between having an assembled weapon and a disassembled weapon at home. The person would not be able to immediately use the weapon in a dispute or in reaction to something. They would have to assemble the weapon that is stored safely in order to prevent them from doing something that cannot be undone.
The very fact that the buyback program is voluntary is a problem. The Bloc Québécois wants this program to be mandatory and wants the government to buy back weapons from gun owners at cost.
Andréanne Larouche Bloc Shefford, QC
Madam Speaker, I thank my colleague for her speech. My previous colleague put it very well when he said that she gave a very nuanced speech on a very sensitive issue.
As the critic for the status of women, I have had the opportunity to consider the firearms issue. I would like to continue in the same vein and hear what my colleague has to say about the fact that the buyback program will be voluntary rather than mandatory. The government often gives the example of New Zealand to say that mandatory buyback programs do not work.
In her speech, my colleague spoke about Mr. Alpers from Australia. Experts like him are saying that voluntary buyback programs are far more likely to fail. Other analysts are saying that it is spreading misinformation to say that the program in New Zealand did not work. However, the government often uses this argument to tell us that mandatory buyback programs do not work.
Can my colleague tell us a little more about that?
Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC
Madam Speaker, I thank my colleague for that very good question.
What is misinformation is to say that what New Zealand and Australia did is not working. Those countries have recovered hundreds of thousands of weapons. If participation is voluntary, we can assume that some people will turn in their weapons while others may not. It is entirely possible that no weapons will be turned in.
I think the people behind this misinformation campaign are acting in bad faith in general when it comes to gun control. They say the program does not work, but it clearly worked in New Zealand. Canada should follow suit.
Mark Gerretsen Liberal Kingston and the Islands, ON
Madam Speaker, I know the member is on the public safety committee. She was present during the February 22 meeting when a motion was brought forward regarding comments that were made by the National Firearms Association after the bill was introduced. Some of those comments were extremely disparaging and, quite frankly, attacked members of Parliament, including members of the committee, and indeed members of the community who had been advocates.
I am wondering if the member could comment on how she voted on that motion. What does she see as potential issues with the narrative that is coming out and with people talking like that regarding legislation and the committee, and committee members specifically?
Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC
Madam Speaker, I thank my colleague for his question.
I was indeed at the February 22 meeting of the Standing Committee on Public Safety and National Security during which members heard some alarming statements about the safety of people who attempt to control guns, including committee members.
My Liberal Party colleague asked us to condemn those statements. I voted in favour of the motion because I, too, think such statements deserve to be condemned. As I said, we have a responsibility to society to control firearms, and nobody should be saying that kind of thing to us because of it.
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, I thank my colleague from Avignon—La Mitis—Matane—Matapédia.
I am not sure, but I think the effectiveness of the mandatory program in New Zealand is a contentious issue, and the program has received a lot of criticism. I wonder if my colleague could share the source of the information she used to support her position.
Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC
Madam Speaker, I thank my colleague for her relevant question.
I looked at the figures and statistics provided by the New Zealand government on the number of weapons recovered by authorities. I have already mentioned the work of Professor Philip Alpers of the University of Sydney, in Australia, an expert in the field, who has studied the differences between voluntary and mandatory buyback programs to demonstrate how well they have worked.
As I said earlier, collecting hundreds of thousands of weapons rather than none at all is in itself indicative of the program's success.
John Williamson Conservative New Brunswick Southwest, NB
Madam Speaker, I will be splitting my time today with my colleague from Provencher.
At about this time last year, the Liberal government announced at the start of the COVID health crisis, when Parliament was shuttered, that by using its vast regulatory powers it was banning the use, sale and importation of more than 1,500 makes and models of legally purchased firearms. This was done without Parliament's authority and without a vote or even a debate among MPs. It was, in my opinion, undemocratic, and in the eyes of many it was an illegitimate order.
Law-abiding firearm owners follow it, as they must and always do, but many feel their democratic rights have been stripped away. The Liberals turned hundreds and maybe thousands of my constituents, and many tens of thousands of responsible law-abiding firearm owners across Canada, into criminals overnight with the signing of this regulatory order.
Today we debate Bill C-21, which builds on the government's regulatory order and will continue to target and harass Canadian hunters, farmers and recreational firearm users. What Bill C-21 will not do is improve public safety. Worse, the federal government is using Bill C-21 to resurrect the failed Liberal long-gun registry.
The Minister of Public Safety will deny it. He will get angry too, along with many Liberal MPs—
The Assistant Deputy Speaker NDP Carol Hughes
I want to remind members to turn their microphones off, please. It is very disturbing to those who are trying to give their speeches in the House.
The hon. member for New Brunswick Southwest.
John Williamson Conservative New Brunswick Southwest, NB
Madam Speaker, as I was saying, the Minister of Public Safety will deny it. He will get angry too, along with many Liberal MPs. They will do that instead of replying to the substance of their policy, their own legislation.
Listen to the minister's response this week when answering my Conservative colleague from Red Deer—Lacombe during question period. He said:
There is no gun registry in the country. It is one of the reasons in the legislation we have brought forward that we will require people who are in possession of these now prohibited weapons to register them properly, so we can have a precise calculation of where these guns are.
By the minister's own description of the legislation, the Liberals intend to resurrect a long-gun registry.
That is not all. The bill misses its mark elsewhere and will waste resources in other ways as well.
Bill C-21 hopes to set up a voluntary purchase program, what Liberals call a “buyback” of the firearms the government made illegal last year. What is Ottawa proposing to purchase? It is lawfully obtained firearms as well as heirlooms and tools. Many are worth thousands of dollars because of their rarity, age and calibre.
The Minister of Public Safety recently said that the government did not know how many firearms would fall under its confiscation program, yet he also claimed elsewhere that in the range of 200,000 firearms, at an average cost of $1,300 per firearm, would be covered. At the low end of estimates, this will cost taxpayers somewhere in the range of $250 million, but other experts have said that the Liberals' voluntary confiscation program could cost the treasury billions of dollars.
As many members know, under the current Liberal government, our country's national debt surpasses the debt of every other government before it since Confederation. To the Liberals, a few more billion dollars wasted is not something to worry about. That is because they believe the budget will balance itself.
For some reason, the Liberals believe that creating more red tape for law-abiding firearms owners in confiscating their property will somehow stop gang and gun violence in Toronto. They are so confident this is a proven solution that they have even introduced another terribly flawed piece of legislation, Bill C-22, which doles out softer sentences for criminals who commit offences with a firearm. The Liberals are soft on crime. They are more concerned about standing up for the so-called rights of criminals than defending our communities.
We on this side of the House believe that victims of crime should have the first claim on our compassion. We also believe laws should achieve results, which Bill C-21 would not do. Indeed, Bill C-22 would even make communities less safe.
Unlike the Liberals, the Conservatives know our justice system must put more emphasis on responding to victims than catering to criminals.
The crimes the Liberals hope to prevent are committed by criminals who will never follow the laws and regulations of legal firearm ownership in Canada. Despite the Liberal order in council firearm ban last May, there were 462 Toronto shootings in 2020, an increase over 2018. After the Liberals brought in their firearms ban last year, the precursor to Bill C-21, the rate of shootings in Toronto did not go down but up. Why? Because law-abiding gun owners are not the source of gun crime in Toronto.
As a Conservative MP in 2012, I was proud to vote to abolish the wasteful and ineffective long-gun registry. It cost taxpayers almost $2 billion, yet it did not protect the public from gun crime. Instead, it needlessly targeted law-abiding Canadians and tied up police resources.
The Conservatives went further than simply abolishing it. We also enacted tougher legislation on the illegal use of firearms, something I know we tried to pass in this Parliament as well, but was voted down by opposition parties.
As well, the Conservatives also made changes when they were in government, but the data collected on firearm owners from the long-gun registry was destroyed, so the future federal government could not resurrect it after promising not to do so. One could say that the Conservative government passed measures 10 years ago to stop Liberal tricks. I say tricks, because in the last election, we saw Liberals across the country, especially in rural ridings, promise that a re-elected Liberal government would not bring back the long-gun registry. However, the Minister of Public Safety's answer in question period shows otherwise; that Bill C-21 would create a new registry.
As the member of Parliament for New Brunswick Southwest, I represent thousands of law-abiding firearms owners. Each was schooled on how to use firearms responsibly, how to care for them and how to store long guns. Each was approved by the RCMP to purchase, own and use his or her firearms legally.
These law-abiding citizens already follow some of the world's strictest laws pertaining to firearm ownership. They are moms and fathers, grandparents, sisters, brothers and, in some cases, kids. They are friends and they are neighbours. They pay their taxes and follow the rules. They enjoy spending their leisure time at a range or hunting deer, birds and moose in the woods.
These law-abiding firearm owners strive to follow all the rules and regulations on firearm ownership as outlined by the RCMP. Safety for them is not an afterthought but the chief objective whenever they use a firearm. I have seen this first-hand, as I have gone shooting with them on many occasions.
People should not take my word for it. They should go to the range themselves and watch. For every person, it is safety first. It is always about safety first. Why? Because they are responsible Canadians.
As well, many of them are legally allowed to possess restricted firearms. Under the Firearms Act, the RCMP scans their names through the Canadian Police Information Centre every single day. I did not misspeak. Every single day, checks are made.
Unfortunately, to the Liberals, these men and women are threats. They are practically criminals in their eyes. The act of them legally purchasing a firearm is seen as dangerous. The Minister of Public Safety has taken it upon himself to overreach into provincial authority and attempt to confiscate legally purchased property at taxpayer expense.
Bill C-21 as well as Bill C-22 are flawed bills that are poorly thought out and make our communities unsafe.
After the tragic killings in Nova Scotia last year, the Parliamentary Secretary to the Minister of Public Safety shared a briefing with parliamentarians. Those who joined the government's technical call on the Liberal order in council firearm ban last year will recall the exchange. When asked, “Would anything announced today in this prohibition have changed what occurred in Nova Scotia and how he accessed those illegal firearms?”, the parliamentary secretary for Public Safety replied, “C'est pas l'objectif”. That is not the bill's objective.
Other than using a national tragedy to vilify and harass law-abiding firearm owners, what would Bill C-21 achieve?
Kody Blois Liberal Kings—Hants, NS
Madam Speaker, I take issue with a couple of things in my hon. colleague's remarks. At the onset of his speech, he talked about this being an undemocratic exercise of the government's discretion. Then he just talked about using a national tragedy as a rationale for bringing this policy forward.
I have no problem debating the member on the merits of the bill. What I take issue with is he knows an order in council is the legitimate way to prohibit weapons under the Criminal Code. He also knows this was in the Liberal Party platform.
Will he at least admit that this was the legitimate way for our government to go about prohibiting firearms, that it was also in our platform and that it was not as a result of the tragedy that happened in Nova Scotia?
John Williamson Conservative New Brunswick Southwest, NB
Madam Speaker, just because something is technically legal does not mean it should be acted upon. It was part of the Liberal platform, but the forum to bring forward these changes is Parliament. However, the Prime Minister brought these forward at a time of the health crisis, when Parliament was closed and there was no room for debate. It was a technically legal manoeuver, but it was not the right way to go about this, because it shut out MPs who represent voters across the country and who had no say at that time.