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.

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

Yes, I understand that efforts have been made and that we're increasingly attempting to intercept weapons.

I want to discuss the William Rainville case. In March 2021, he smuggled 248 handgun bodies across the border in a hockey bag. He was sentenced to five years in prison and was granted day parole barely one year later.

I don't know how much that particular measure will actually deter offenders. We know that the strategies criminals use don't often involve sending a hardened criminal across the border with a hockey bag full of guns. Instead, the people selected for the job don't have criminal records or have only committed minor offences and therefore won't receive maximum sentences. So I don't get the impression this specific measure will really discourage people from continuing to smuggle illegal weapons across the border.

However, I should note that there are some good measures in the bill. You decided to legislate specifically on high-security nuclear sites and officers. The bill also grants the Minister of Public Safety and Emergency Preparedness more power than the Minister of Integration, Refugees and Citizenship.

However, it's curious to see there's nothing in the bill on assault weapons, whereas your government amended regulations on assault weapons in May 2020. In the meantime, other types of weapons have come into the market that circumvent those regulations. In addition, certain guns were initially overlooked and weren't on the list.

Why didn't you take advantage of Bill C‑21 to plug that hole regarding assault weapons?

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

Thank you, Mr. Chair.

Thank you for being with us today, Minister. I very much appreciate it. However, I would have liked you to stay with us a bit longer because I have a lot of questions for you.

As you know, we currently have a serious problem in Canada's major cities. That's true of Montreal, where shots are fired every week. We often discuss this during oral question period.

In your view, Bill C‑21 will help stop gun trafficking, smuggling, organized crime and all that. Your argument's mainly based on a single measure set forth in Bill C‑21, the one that would increase maximum prison time from 10 to 14 years for those crimes.

I don't think that would really help matters at the border. As we know, many illegal weapons are smuggled across it.

Do you think Bill C‑21 should contain a more specific measure on this?

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

This is why we have new tools in Bill C-21 to combat organized crime.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

I am, which is why we presented Bill C-21.

[Marco Mendicino, Liberal, Minister of Public Safety]

Thank you, Mr. Chair.

First, I want to thank all the members of the committee for their good work on this study of Bill C‑21, which we will be discussing this afternoon.

With me today are members of my departmental team, Rob Stewart, deputy minister, and Talal Dakalbab, assistant deputy minister, along with Bryan Larkin and Kellie Paquette, representatives of the RCMP.

I want to make a few opening remarks about the scourge of gun violence, which has been impacting our country now for many years, and signal to this committee that it is up to us as parliamentarians to work together to reverse the alarming trends that have seen increases in gun violence and specifically in handgun violence. It is up to this committee not only to carefully study sensible laws that are designed with the intent of reversing those trends but also to discuss the efforts we are making to stop the illegal trafficking of guns at our borders. It is up to the members of the committee to support the work of Parliament in examining the root causes of gun crime, which requires us to work very closely with many partners, including grassroots organizations, so that we can stop gun crime before it starts. I look to you and to the various perspectives that you will be bringing from your own constituencies to have a thoughtful discussion about that today.

It is clear wherever you sit, regardless of the side of the aisle or partisan stripe, that the status quo won't do. Every time I meet with someone who has lost a loved one or who has been harmed by violence, I think we owe it to them to do more. These are far and away the most difficult conversations that I have in my capacity as a member of Parliament. I've had the privilege of speaking with the families of the victims from Portapique and Truro in Nova Scotia, from the Quebec City mosque, from the Polytechnique, from the Toronto Danforth in my hometown, and there's not a day that goes by that I don't think about them, not a single day. It is a singular motivation for me in this job to try to find a way to ensure that those tragedies don't ever occur again.

It's a complex problem. There are no easy or simple solutions to eradicating gun crime, and I readily acknowledge that, but from where I sit and from where the government sits, we need a comprehensive strategy.

That strategy is composed of a number of pillars. One is smart laws. From where we sit, assault-style rifles have no place in our communities, point final. That's why we banned them two years ago and that's why we're in the throes of implementing a buyback program that will get assault-style rifles out of our communities once and for all.

We need smart laws like Bill C-21, which, among other things, will introduce a national handgun freeze and introduce red flag and yellow flag protocols to reverse the trend in the connection between domestic violence and gender-based violence and the presence of guns, which has gone up tragically over the last number of years.

We need a bill that will provide additional tools to fight organized crime. One of the things that Bill C-21 will do when passed into law is increase maximum sentences from 10 to 14 years for those hardened criminals who would try to terrorize our communities with guns, as well as provide additional surveillance tools to law enforcement so that we can interdict those individuals who are trying to traffic guns, whether it's in our communities or at the borders.

This bill does all that. It also ensures that we deal with the challenges around straw purchasing so that criminals can be stopped from trying to use alternate individuals to purchase their guns lawfully and then have them transferred to them, and there is much more in there. I know that we're going to dig into some other substantive issues.

It is important that we study this bill. It is important that we take the steps that are necessary to stop the growth of a universe of guns and handguns, which have now become the number one type of gun used in homicides in the country.

That's not all we're doing. I have said on many occasions at this committee, in the House of Commons, in public that this government is invested in reinforcing our borders.

Over the past year, we have invested $321 million to enhance the integrity of our border. That investment has provided more resources for the RCMP, the Canada Border Services Agency and other police services. We have also worked closely with our American partners, whose cooperation has been significant.

I know that this is a challenge and that, despite all the progress we've made at the border, we must do more. I'm always ready to work toward other concrete solutions with my colleagues here on this committee and in the House and to continue making progress at the border.

In the end, we need to prevent gun violence.

We need to stop gun crime before it starts. That's why our building safer communities fund is such an important opportunity to work with local community organizations—to tap into their experience, tap into their wisdom, identify where the risks are, and identify those who are most exposed and can be exploited by organized crime and other elements that would put a gun in front of them so that they make the right choices instead. We have been accelerating the rollout of that fund over the last number of months, and I think it will help us round out a strategy that has to be comprehensive.

Once again, I want to thank all the members of this committee for their thoughtfulness and work.

I look forward to reading this bill, studying this bill and, hopefully, passing this bill as quickly as possible so that we can stop gun violence once and for all.

Thank you.

[The Chair, Liberal, Ron McKinnon]

I call this meeting to order.

Welcome, everyone, to meeting number 36 of the House of Commons Standing Committee on Public Safety and National Security.

We will start by acknowledging that we are meeting on the traditional unceded territory of the Algonquin people.

Today's meeting is taking place in a hybrid format, pursuant to the House order of November 25, 2021. Members are attending in person in the room and remotely by using the Zoom application.

Pursuant to the order of reference of Thursday, June 23, 2022, the committee commenced consideration of Bill C-21, an act to amend certain acts and to make certain consequential amendments.

With us today, we have the Honourable Marco Mendicino, Minister of Public Safety. We have as witnesses Rob Stewart, deputy minister; Talal Dakalbab, assistant deputy minister; and Fred Gaspar, vice-president, Canada Border Services Agency. As well, from the Royal Canadian Mounted Police, we have Bryan Larkin, deputy commissioner, and Kellie Paquette, director general.

Please note that the minister and the deputy minister will be with us for the first hour. The remaining officials will stay for the second hour in order to answer questions from members.

With that, welcome to all.

I now invite Minister Mendicino to make an opening statement.

Public Safety

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, I completely agree with my colleague. We have to end this cycle. That is why we will continue to make investments in collaboration with Quebec, including $40 million to help police services, with $18 million going to prevent gun-related violence in Montreal.

We have to go even further by passing Bill C‑21, which seeks to provide more resources. We will do this work in collaboration with the Bloc Québécois.

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, first of all, our thoughts are with the victims' families. This is a very difficult time.

Over the past year, we have invested $321 million to strengthen the integrity of our border. That is exactly why we have made so much progress going after criminals attempting to import illegal firearms. This is an issue with a lot of challenges.

We will move forward with our plan, Bill C‑21, which will give the police more tools and increase the penalties for those involved in organized crime. We need to pass this bill as soon as possible.

Justice

[David Lametti, Liberal, Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am a Quebecker, I am a Montrealer, and I am aware of what is happening in Montreal, both in my riding as well as in other ridings in Montreal.

Our goal with Bill C-5 is to increase resources to deal with serious crimes, which will always have serious consequences. With Bill C-21, we are increasing the maximum penalties for firearms offences.

We are moving in the right direction to get tough on the crimes that deserve it.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Chair, I have just a comment and a question, I guess, for Ms. Dancho.

You're suggesting that we cut short the minister's appearance on Tuesday in order to deal with committee business and the calendar, or would it make more sense to do it...? We're hoping to have him here Tuesday on Bill C-21, which I think we all agree is an important piece of legislation.

Perhaps our new chair could schedule something on Thursday, following the hour with the chief of the defence staff. We're hoping he can appear on Thursday morning.

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

Thank you, Mr. Chair.

I tend to agree with what Ms. Dancho has just said. When we all have the work plan in front of us, we will be able to decide where it can fit into the agenda. On the other hand, I expect the study on Bill C‑21 to be quite long. We have a lot of witnesses to hear and we will have amendments to consider. Even with the work plan in front of us, I think it will be difficult to put our finger on a date. However, we can still do it. If we withdraw the motion today and decide on a date together, that is fine with me.

[The Clerk]

I have nothing at this point.

Just so you know, we've worked with the analysts on a work plan, since we received all the witness proposals for C-21 from the committee members yesterday. We'll soon be ready to propose a calendar for the upcoming weeks.

In the meantime, I believe Ms. Dancho has requested to speak.

[The Chair, Liberal, Ron McKinnon]

Thank you, Ms. Michaud.

I'll jump in on that question.

We are expecting to have the minister and officials next week, on Tuesday, in order to start the study on C-21. At this point, we are expecting to have the chief of the defence staff on Thursday.

Certainly, the longer-term plan for the committee will be largely taken up by C-21, which is our major priority at this moment. We did pass in committee the resolution to do a study on the situation in James Smith Cree Nation and the circumstances around that.

Mr. Clerk, did you have anything further to add to that?

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

Thank you, Mr. Chair.

First of all, I congratulate you on your election. I am very happy for you and delighted that we can continue to work together.

I, too, have already addressed my best wishes to Mr. Carr personally. I thanked him for the work he has done with us and wished him the best of luck in the future.

With regard to the motion, could we have a copy, virtual or hard copy? I don't know if I've got it right, but I think you'd like the study to start on October 7. We'll come back to that.

With regard to the study in general, I know that we had agreed a few meetings ago. However, I quite agree with what Ms. Damoff said, that the internal review is not quite finished, so it will be difficult to get answers from the different organizations at this stage.

Could the clerk advise us of the schedule for the next few weeks and the structure of our consideration of Bill C‑21? I would like to know when we can start receiving witnesses at committee and where the schedule will take us if we start this study.

Thank you.

[The Chair, Liberal, Ron McKinnon]

Thank you, Mr. Clerk.

Thanks, everyone, for your support.

I'd like to start by thanking the Honourable Jim Carr for his work to date bringing us along. We've done some great work together, and I appreciate his efforts and shall take guidance from them. I wish him well as he goes forward and deals with the health issues that he must face.

I would also like to note that Mr. Van Bynen will be joining us on an ongoing basis.

Welcome, Tony.

The original plan from last week was that today we would have the chief of the defence staff, but because of circumstances around the need to elect a new chair, that has fallen by the wayside. I understand that the chief of the defence staff will be available next Thursday, so I suggest that we proceed on that basis.

I also understand that the minister and officials will be available on this coming Tuesday to talk about Bill C-21, so we will continue on that basis.

I understand that there is a draft work plan in process that the clerk and analysts are working on. I hope to meet with the clerk and analysts early in the coming week, and we will distribute a work plan in due course.

Is there any comment?

Ms. Dancho, please go ahead.