An Act to amend certain Acts and to make certain consequential amendments (firearms)

This bill was previously introduced in the 43rd Parliament, 2nd Session.

Sponsor

Bill Blair  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

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.

Votes

May 18, 2023 Passed 3rd reading and adoption of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)
May 18, 2023 Failed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (recommittal to a committee)
May 17, 2023 Passed Concurrence at report stage of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)
May 17, 2023 Passed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
May 17, 2023 Passed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
May 17, 2023 Failed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
June 23, 2022 Passed C-21, 2nd reading and referral to committee - SECU
June 23, 2022 Failed C-21, 2nd reading - amendment
June 23, 2022 Failed 2nd reading of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (subamendment)
June 21, 2022 Passed Time allocation for Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)

Criminal CodeGovernment Orders

April 23rd, 2021 / 10:15 a.m.


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Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Madam Speaker, that was in fact one of the commitments we made at the request of municipalities across the country. They would like more authority to limit, regulate and ban firearms in their jurisdiction, and that is precisely what Bill C-21 is proposing.

We are certainly listening, and we will always be prepared to work with the provinces, the municipalities and the opposition parties that want to strengthen gun control in Canada, instead of diluting it as the Conservatives keep proposing.

What the Conservative Party is proposing would be a major step backward for gun control. We are always looking for different ways to strengthen gun control. We will work with the municipalities, the provinces and the opposition parties to do that.

Criminal CodeGovernment Orders

April 23rd, 2021 / 10:15 a.m.


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Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Madam Speaker, I thank my colleague from Sarnia—Lambton. Today is a big day for her because she just became a grandmother. My congratulations, and I am happy to see her virtually.

To answer her question, it is clear that no single measure will eliminate gun violence in Canada. We have to tackle it on all fronts. It is obviously important to take military-style assault rifles out of circulation, but Bill C-21 includes other measures too.

For example, the bill increases maximum penalties for offences related to firearms trafficking and smuggling. It enhances information sharing among agencies such as the RCMP and local law enforcement services. We are also investing in giving the Canada Border Services Agency and the RCMP more tools to fight the diversion, illegal importation and smuggling of firearms.

These measures are all important in this fight. We are acutely aware that no single measure will resolve the situation, so Bill C-21 contributes to all aspects of the fight.

Criminal CodeGovernment Orders

April 23rd, 2021 / 10:05 a.m.


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Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Thank you, Madam Speaker.

I will not talk about this in my speech, but I want to comment briefly on what the Conservative Party member just said. One of the important things we are doing with Bill C-21 is increasing maximum penalties for certain offences, such as trafficking and smuggling. We should all keep that in mind as we study the bill.

That said, I appreciate this opportunity to add my voice to the debate on Bill C-21 at second reading. I believe this is one of the strongest legislative packages ever introduced in this country to combat gun violence. It proposes a wide range of measures to help keep people safe and deliver on the firearm policy commitments we made to Canadians during the last campaign.

These measures are urgently needed, because gun violence remains a tragic reality that too often affects our cities and regions. We only have to look at the Polytechnique tragedy, or what happened four years ago at the Quebec City mosque, in my riding, when a killer entered the mosque and murdered six people, leaving many kids fatherless, and injured several others. We must also remember the massacre that happened more recently in Nova Scotia.

No one should have their life cut short so tragically and senselessly in our country. No one should have to live with the pain of losing a loved one to gun violence. That is why our government made it a top priority to protect Canadians from gun violence, including by regulating their use and strengthening Canada's gun laws.

Last May, we took a significant step forward in protecting Canadians by prohibiting more than 1,500 models of assault-style firearms and their variants, which have too often been used in tragic incidents here in Canada and in the rest of North America. The vast majority of firearm owners are responsible and law-abiding citizens, but these powerful and dangerous firearms that we banned on May 1, 2020, were not designed for legitimate activities such as hunting or sport shooting. Rather, they were designed for use on the battlefield and have no place in our cities, on our streets or in our lives.

Bill C-21 goes even further in protecting Canadians. To finish what we started last May when we banned more than 1,500 models of assault-style firearms and their variants, Bill C-21 proposes to amend the Firearms Act to provide a non-permissive storage option to the owners of firearms prohibited on May 1, 2020. That means an owner could choose to keep their firearms but would not be permitted to use them, sell them, give them to someone else or bequeath them. That is far more restrictive than the grandfathering rules that accompanied previous firearm prohibitions in Canada.

According to these rules, grandfathered owners can buy from and sell to other owners who hold the same grandfathering privileges. Some grandfathered firearms may also be authorized for use at a shooting range. None of that would be allowed with respect to the assault-style firearms prohibited last May. They would have to be stored away safely and kept there under lock and key.

This approach would essentially freeze the market for these firearms, while treating existing owners fairly. Over time, the number of prohibited firearms in Canada would decrease substantially, and they would eventually be eliminated. To accelerate that process, and unlike what was done with past prohibitions, the government also intends to introduce a buyback program as soon as possible. Owners who wish to surrender their firearms for compensation as part of that forthcoming program could certainly do so.

It is impossible to know how many people would take the government up on that offer, but it is highly likely that many owners would take compensation in exchange for their firearms. Those who want to retain their firearms as part of a collection or for sentimental value can do so, but as I was saying, they would not be permitted to bequeath them, transfer them or use them.

Failure to comply with those regulations would also result in criminal prosecution. Any prohibited firearm remaining in someone’s possession would, and this is very important, also need to be registered, including those that were previously classified as non-restricted. Regulators and law enforcement would know exactly who the owners are, and where their assault-style firearms are located.

Moreover, owners who choose to retain possession of these firearms would be required to comply with additional requirements. That includes successfully completing the Canadian restricted firearms safety course and upgrading to a restricted possession and acquisition licence, with all the associated fees that would entail.

The requirements I just mentioned, and the permanent inability to lawfully use or transfer these firearms, for any reason, would essentially make those firearms useless. Logically speaking, all of those things would be major incentives to participate in an eventual buyback program.

Removing these powerful prohibited firearms from society is one of the many goals of this legislation. However, it is also important to immediately remove any firearms from potentially dangerous situations, including situations involving domestic and intimate partner violence, an issue that has been compounded by the pandemic. Sadly, there have been too many such incidents in Quebec over the past year. Beyond domestic violence, there are also other situations where a person may be suicidal or has openly advocated hatred or violence against someone.

To respond to these situations, Bill C-21 proposes the creation of red-flag and yellow-flag provisions. These provisions would make it easier for anyone who feels threatened by the presence of a firearm in their home or by an individual who owns a firearm to take action to protect themselves and others.

More specifically, the red-flag regime would allow anyone, not just police, to apply to the courts for an immediate removal of an individual's firearm if they pose a danger.

Similarly, the yellow-flag regime would allow anyone to ask a chief firearms officer to suspend and examine an individual's licence if there are reasonable suspicions that the person is no longer eligible to hold a licence.

I will remind members that these measures build on the amendments made to the Firearms Act in 2019, which establish that a firearms licence applicant's lifetime history of intimate partner violence and online threats are mandatory grounds for consideration in the determination of licence eligibility.

Gun violence continues to be a major problem in our communities. It is important to remember that all firearm tragedies, from the public ones we commemorate to the private ones that occur in the home, create untold sadness and are often preventable. All Canadians deserve to live in a place where they can be safe and secure, and that is the objective of Bill C-21.

As the Prime Minister said, “we need more than thoughts and prayers. We need concrete action.” That is exactly what Bill C-21 proposes: concrete action to stem the tide of gun violence in Canada.

I am very proud to support this bill at second reading, and I hope that my colleagues will do the same so that it can be sent to committee and we can hear what various groups have to say about Bill C-21. For decades now, various civil society groups have been calling for a ban on military-style assault weapons like the one we implemented on May 1, 2020, which will be strengthened by Bill C-21. These weapons were designed for the military and are not appropriate for civilian use. We have seen them used in too many incidents, too many tragedies and too many killings. They were designed for military use and manufactured to be efficient killing machines. They are not used for hunting or sport shooting and have no place in our society because they are too dangerous.

I am proud to be part of a government that, after decades of dithering, finally decided to move forward with prohibiting 1,500 different models of firearms, including the AR-15 and Vz58. This ban essentially froze the market completely as of May 1, 2020, by prohibiting the import, export, use and sale of such weapons.

I would remind the House that the young man who burst into the Quebec City mosque was armed with a Vz58. Thank goodness his gun jammed, but he never should have been in possession of such a weapon in the first place. This is why a ban like the one we proposed on May 1, which is strengthened in Bill C-21, is so important, as are the increased maximum penalties for many trafficking and smuggling offences, and the red-flag and yellow-flag provisions.

I am getting a bit off topic from Bill C-21, but I would also point out the investments we have made to expand our border capacity and dedicate more resources to the community-based organizations working to prevent violence upstream. This is in addition to the resources that have been invested in the RCMP and our law enforcement agencies across the country with programs such as Ontario's guns, gangs and violence reduction strategy.

Criminal CodeGovernment Orders

April 23rd, 2021 / 10 a.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I literally just said that residents in cities like Toronto and other places, where gangs are shooting up their streets, deserve action from the government to keep them safe. However, this is what the Liberals are doing. They are repealing minimum penalties for unauthorized possession of a prohibited firearm, a prohibited or restricted firearm with ammunition, possession of a weapon obtained by crime, weapons trafficking, possession for the purpose of trafficking, reckless discharge, discharge with intent to wound or endanger and robbery with a firearm.

Bill C-21 would also allow relaxed penalties for sexual assault, kidnapping, trafficking in persons for material benefit, abduction of persons under age 14, motor vehicle theft and arson for fraudulent purposes.

What is mind-boggling to every Canadian who agrees that government should be protecting his or her safety and security is that Bill C-21 would do nothing about that except target law-abiding firearms owners—

Criminal CodeGovernment Orders

April 23rd, 2021 / 10 a.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I guess this is a central question around Bill C-21. What is mind-boggling to me, the Conservatives and law-abiding Canadian firearms owners, collectors, sport shooters, hunters and the people who have firearms in their family collection of heirlooms is that these are the most law-abiding, responsible, vetted, law-abiding firearms citizens. With Bill C-21, the Liberals and its proponents are trying to make the argument that it is about public safety and reducing crimes.

In a situation like Toronto, where shootings have increased since 2014 by 161%, those residents have a right to say that their government ought to be taking action to keep them safe. However, those shootings are being caused by criminals and gang members who do not worry about laws—

The House resumed from February 26 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.

Business of the HouseOral Questions

April 22nd, 2021 / 3:10 p.m.


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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon, we will continue the debate on the budget presented on Monday by the Deputy Prime Minister and Minister of Finance.

Tomorrow, we will debate Bill C-21, the firearms act, at second reading.

When we return on Monday, we will have the fourth and final day of debate on the budget.

On Tuesday, we will resume the second reading debate of Bill C-12, an act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050.

On Wednesday of next week, we will continue with the second reading debate of Bill C-19, an act to amend the Canada Elections Act (COVID-19 response).

On Thursday, we will have the first of eight opposition days in the current supply cycle.

Finally, on Friday morning, we will start with a debate on Bill C-22, an act to amend the Criminal Code and the Controlled Drugs and Substances Act, followed in the afternoon by a debate on Bill S-3, an act to amend the Offshore Health and Safety Act.

That is all.

Public SafetyOral Questions

April 20th, 2021 / 3:05 p.m.


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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, we promised Canadians that we would strengthen gun control to keep Canadians safe, while the Conservatives obviously promised the gun lobby that they would weaken gun control. That is why we brought forward measures last May to prohibit weapons that had no place in society.

We are working now with legislation introduced through Bill C-21 to make sure that none of those weapons can ever be traded, sold or used in Canada again. Those measures are necessary and strongly supported right across the country. That is the right thing to do to keep Canadians safe.

April 15th, 2021 / 3:55 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Mr. Speaker, I appreciate the question from my good friend.

This afternoon, we will complete second reading debate of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples. Tomorrow morning we will start with the debate of Bill C-6, an act to amend the Criminal Code (conversion therapy), followed by the debate at second reading of Bill C-12, an act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050 in the afternoon.

On Monday of next week, we hope to complete second reading debate of Bill C-11, an act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts. As all members are aware, at 4:00 p.m. that day, the Deputy Prime Minister and Minister of Finance will present the budget. Tuesday, Wednesday and Thursday will all be days reserved for budget debate.

Finally, on Friday, we will continue with second reading debate of Bill C-21, an act to amend certain Acts and to make certain consequential amendments (firearms).

Public SafetyPetitionsRoutine Proceedings

April 15th, 2021 / 10:15 a.m.


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Conservative

Terry Dowdall Conservative Simcoe—Grey, ON

Mr. Speaker, I am honoured and privileged to rise in the House today to present this petition, which was initiated by Nicholas Martin. I am very proud of the fact that there are 36,600 signatures on this petition.

The petitioners are calling upon the government to reject Bill C-21 to save the jobs of thousands of Canadians; fully and unambiguously legalize airsoft and paintball so that citizens and residents can continue to purchase and use that sporting equipment; recognize that airsoft and paintball are safe activities that tens of thousands of Canadians participate in; recognize that airsoft and paintball do not represent any risk to public safety and banning them would not improve public safety; and not needlessly target law-abiding citizens who use airsoft and paintball for sporting purposes.

Public SafetyPetitionsRoutine Proceedings

April 14th, 2021 / 4:05 p.m.


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Conservative

Marc Dalton Conservative Pitt Meadows—Maple Ridge, BC

Mr. Speaker, today I am presenting a petition on behalf of the paintball and airsoft industries in Canada, in particular Panther Paintball and Airsoft Sports Park in Surrey, B.C. This is a locally owned business that for years has provided employment and a safe place for paintball and airsoft enthusiasts to come and enjoy their favourite games and sports. The employees and participants are very concerned that the measures in Bill C-21 will put an end to this business, this industry and the livelihoods of so many participants across the country.

Airsoft and paintball offer Canadians an opportunity to get fresh air and exercise responsibly and in compliance with all social distancing guidelines. To protect all these great things, the petitioners call for the rejection of Bill C-21.

Criminal CodeGovernment Orders

April 13th, 2021 / 1 p.m.


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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, before I begin, I should let you know that I will be sharing my time with the member for Stormont—Dundas—South Glengarry.

I am pleased to rise virtually in the House to talk about Bill C-22, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

The Liberals want to amend the Criminal Code to repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish other measures for simple drug possession offences.

Bill C-22 is the Prime Minister's attempt to honour his 2015 campaign promise. Unfortunately, every time we examine Liberal bills in committee or in the House, we find major flaws that suggest they never bother to consult people on the ground. That is the case with this bill too.

It is important to thoroughly analyze what the Liberals are trying to do with this bill, in which the Minister of Justice is proposing amendments that will have major consequences for Canadians' safety and well-being. I will point out various elements of the bill that I think are worth a closer look.

Bill C-22 eliminates some of the mandatory minimum sentences set out in the Criminal Code for offences involving weapons, including firearms. For example, the mandatory minimum sentence set out in subsection 85(3) for use of a firearm in the commission of an offence would be eliminated. The mandatory minimum sentence set out in subsection 92(3) for possession of an unauthorized weapon, whether it be a firearm or other weapon, would also be eliminated.

The bill eliminates all the mandatory minimum sentences set out in the Controlled Drugs and Substances Act. The bill creates new provisions that advise the police or prosecutor to consider an individual's drug use and to refer the person to a treatment program. However, it is important to understand that some provinces do not even have drug treatment courts.

Bill C-22 also proposes to eliminate certain provisions of the Criminal Code related to tobacco, particularly the sale and transfer of tobacco products without an official licence. That is another thing that we are trying to understand. Finally, the bill proposes to eliminate some of the restrictions set out in section 742.1 of the Criminal Code so that more offences are eligible for community-based sentences.

Everything I just said contradicts the Liberals' official position on public safety as it relates to firearms. The message of Polytechnique was well understood, with the Liberals always claiming to be doing a lot and much more. However, the reality is that bills such as this hamper the courts and law enforcement and greatly diminish the significance of crime when the opposite should be happening.

We always have difficulty understanding how, on the one hand, the Liberal discourse is about tougher measures when, on the other hand, their actions have the opposite effect. This is totally inconsistent in terms of public safety and the protection of Canadians.

Today we are debating Bill C-22, but we cannot forget Bill C-21, an act to amend certain acts and to make certain consequential amendments with respect to firearms. There is no consensus on this other bill among gun supporters, such as owners of guns for sport shooting or hunting, or among those who oppose guns and want them to be banned, such as the Polytechnique advocates. Bill C-21 does not do nearly enough, and the Prime Minister is not addressing the real issues.

Bill C-22 would reduce the sentences for violent gun crimes. We are trying to understand why the government wants to reduce sentences for people who commit gun crimes, when we should be doing the opposite.

I remind members that the Conservatives and my colleague introduced Bill C-238, an act to amend the Criminal Code with respect to possession of unlawfully imported firearms, which would have strengthened the Criminal Code by addressing smuggled guns and gun crimes. However, the Liberals showed their true colours and chose to vote against this bill. They would rather protect criminals than protect law-abiding citizens.

We cannot understand it. We do not understand how the Liberals can be so dishonest with Canadians when it comes to protection, public safety and firearms. The introduction of Bills C-21 and C-22 is not going to do anything to reduce gun crime. It will also not do anything to reduce the number of guns circulating in Canada, and it will simply not prevent criminals from getting their hands on illegal firearms.

That was made very clear two weeks ago on J.E., a 30-minute investigative reporting program on TVA. I encourage everyone to watch it. Those who do not speak French should find a way to get it translated, because it is really good.

The report clearly showed what is happening with firearms in Canada, how illegal firearms from the United States are streaming right across the border. We have land management problems, our customs officers do not have sufficient resources, and the law does not allow action to be taken in certain areas. Aerial images taken by drones showed traffickers bringing in weapons by snowmobile in the winter and by boat in the summer. If members want evidence, here it is.

Montreal is starting to have the same problem as Toronto. It is easy for street gang members to get their hands on illegal firearms with the serial numbers scratched off, and young gang members are taking pride in committing crimes with the guns that are coming across the border.

Not one of the measures proposed in Bill C-21 and Bill C-22 will solve that problem even though that is what we need to focus on. Instead of helping people with drug addiction, the Liberals are reducing mandatory prison time for those producing and trafficking harmful drugs. Instead of tackling criminal gangs, they are reducing mandatory prison time for those in possession of illegal firearms.

No family should ever feel unsafe in their community, in their neighbourhood or walking down their street. The previous Conservative government pledged to change those laws and keep our streets and communities safe. Before the 2019 election, we released our platform entitled “A Safer Canada”, a three-pronged action plan targeting street gangs and arms trafficking, among other things. We covered it all in our platform.

Then the Liberals regained power. It was fortunate for them that they won the election, but it was unfortunate for Canadians because the Liberals are not doing what needs to be done to protect people and fix the firearms problem once and for all.

To read Bill C-22 we can only assume that the Liberals are incapable of discharging their governmental responsibility to ensure our safety. In contrast, the Conservative government always brought in measures to ensure the safety of all Canadians. The Prime Minister claims he wants to help Canadians, but he is doing nothing to ensure that criminals are brought to justice and answer for their actions.

We as Conservatives support our Canadian justice system as defined by our charter and our Constitution, and we do not support a justice system that would favour criminals to the detriment of Canadians' safety and security.

During this difficult time, Canadians need to know that the government is ensuring their safety and security. The Liberal government needs to show leadership and stand up to criminals. Canadians cannot afford for Parliament to get this wrong. This bill is extremely worrying for our children and for the future of our justice system.

We will do the job that Canadians have entrusted us to do: asking the government questions to ensure that the safety of Canadians remains the top priority.

Criminal CodeGovernment Orders

April 13th, 2021 / 12:20 p.m.


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Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, it is indeed an honour to speak in the House today regarding Bill C-22.

This last weekend the Prime Minister, while speaking to the Liberal Party policy convention, said that the Conservative Party of Canada was disconnected with Canadians. If the Prime Minister was looking for an example of a party disconnected from Canadians, he need look no further than his own party with the introduction of this bill, Bill C-22, and how it would affect those in rural Canada.

As someone who has lived my whole life in northern Saskatchewan, I not only find this bill dangerously naive, but the government's communications around it are actually offensive to me. Of course, far be it for me to suggest anyone might deliberately mislead Canadians. Perhaps it is simply a poor understanding of the Criminal Code or the tendency to rely on divisive political ideology that led to the inaccuracies in communicating what is actually in this bill.

Contrary to what members of the Liberal Party may have been given as talking points by the PMO to use in the debate, those of us who actually read the legislation understand this is not about reducing mandatory minimum penalties for simple possession of drugs. Mandatory minimums for simple possession do not exist today. This is not about minor crimes, and it is not about minor offences.

Here are just a few examples of what Liberals consider minor offences for which Bill C-22 would eliminate mandatory minimums as they relate to gun crimes: robbery with a firearm, extortion with a firearm, weapons trafficking, importing or exporting knowing a firearm is unauthorized, discharging a firearm with intent, using a firearm in the commission of an offence, possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by the commission of an offence, possession for the purposes of weapons trafficking and discharging a firearm with recklessness.

Additionally, Bill C-22 would eliminate mandatory minimums under the Controlled Drugs and Substances Act that actually target drug dealers. Examples of these are trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and the production of substances included in schedule I or II. Examples of these are heroin, cocaine, fentanyl and crystal meth. This is not, as suggested, help for those who struggle with addictions. It is actually help for those criminals who prey on those people who suffer from addictions.

Finally, this bill would allow for greater use of conditional sentence orders for a number of offences. The list is long, so I will include only a few examples such as sexual assault, kidnapping and assault causing bodily harm or with a weapon, which includes the assaulting of a peace officer causing bodily harm or with a weapon. This clearly puts communities in my riding at risk.

As a lifelong resident of northern Saskatchewan, a hockey coach, a former mayor and now member of Parliament, I have seen first-hand how gun and gang violence, and drugs, ruin people's lives and devastate families and communities. I find myself wondering if members of the Liberal government have been contacted, like I have been, by mayors, chiefs, police officers and community members pleading for something to be done and if that would make them realize Bill C-22 is not a solution. Neither is Bill C-21.

One month ago, there was a story reported in the Battlefords News-Optimist that literally brought me to tears when I read it. I would encourage all members of this House to read the story, as it provides an incredible insight into what life can be like in the northern and often remote communities in my riding.

The story reviews a judge's decision, arguments by the Crown prosecutor and the victim impact statements of RCMP officer Robert McCready and of my good friend Staff Sergeant Ryan How. The incident, as reported, happened in my riding and shows an almost unbelievably violent disregard for human life. It includes multiple guns, pursuits, many other things, and finally, police ramming a vehicle.

In his victim impact statement, my friend Staff Sergeant Ryan How said the following:

When I encountered the gold truck you were in north of Loon Lake the only emotion I felt was sadness.

I knew right away how this was going to end. It’s always the same, just a varying degree of tragedy. When I saw your co-accused run from the Equinox and point what may have been a gun at me, I just felt tired and defeated....

I knew what you would do when you came up to the road block. And you did the same thing every other desperate criminal does - you accelerated and swerved towards the police.

As you did that, I took off my seatbelt and accelerated my truck directly at you. I wanted to be able to at least have the chance to manoeuver in the cab if you and your fellow gang members started shooting at me. As I lined up my truck to yours head-on I fully expected to be shot but I tried to make sure my truck would stay on a straight path and hit you even if I couldn’t steer because you needed to be stopped.... Even after all of this, after hours of chasing after you, hours of being frustrated, angry, and tired, [I] was required to be of calm mind and use sound tactics as I drew my gun on you and the people with you.... At that moment I was furious that it had come to this. I was furious that your stupidity was causing me to miss an important family event going on right at that moment I had you in my gun sights. I was furious that I might have to shoot and kill you.... I didn’t shoot you...My coworkers didn’t shoot you, even though we were taunted and dared to do it by the people in the truck with you. Even though your actions caused one of my coworkers to almost be run over and killed. We made sure you were safe. It was a joke and a game to you. It was life and death for me, for my partners, and the public. I’m telling you that on January 17, 2019, you were lucky to be arrested by some of the most capable and experienced police officers in the country. They showed incredible restraint and professionalism to make sure you lived to be here today.

Another one of those capable and experienced police officers was Officer Robert McCready, who was called in six hours before his shift was scheduled to begin. A short part of his victim impact statement includes the following. He said:

I had been in Loon Lake for a while at that time, and had a feeling that it was probably related to gang activity, firearms or both. I got geared up and found that gang members/affiliates have possible firearms and are driving in two vehicles and are evading police. My thoughts are “great, here we go again.” This was a constant way of life around that area, something would pop off, at least once to twice a week or more.... This went on all afternoon, which took a bad turn when the vehicle started going through a populated area, just as school was letting off, and for fear of worsening conditions, police had to back off again.

In speaking with Staff Sergeant How later, he shared with me how these events had become almost routine. Can members imagine this being a routine part of their day? This is the part that brought tears to my eyes as I fought back the emotion.

Let me be clear, this day was the culmination of a long history, but it had to start somewhere. The idea that government is seeking to eliminate mandatory prison time for drug traffickers and for those who commit violent crimes is really hard to fathom for me. Allowing criminals who commit violent acts to serve their sentences on house arrest puts communities at risk.

For the last couple of minutes, I would like to talk about the issues many community leaders talked to me about. In addition to doing everything they can to combat gun and gang crime, they spend many hours fighting those who traffic drugs in their communities and who prey on the vulnerable who are struggling with mental health issues and addictions. Bill C-22 would make life far more difficult for local law enforcement and prosecutors by reducing and, in some cases, removing penalties for trafficking, importing or producing schedule I or II substances.

Conservatives believe that those struggling with addiction or mental health issues should get the help they need. They need treatment rather than prison time if their crime is not violent. Conservatives support restorative justice policies to lower incarceration rates for overrepresented groups in our criminal justice system, provided that public safety considerations are paramount.

What is clear in Bill C-22 is that the government, driven by ideology and having no basis in the reality on the ground in rural Canada, is making our communities less safe by removing many important tools. I encourage all members to take a long, hard look at the proposed legislation before they vote.

Criminal CodeGovernment Orders

April 13th, 2021 / noon


See context

Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, I will be splitting my time with the member for Desnethé—Missinippi—Churchill River.

It is a privilege to rise and represent the constituents of Red Deer—Lacombe in this debate, who would be mortified, I believe, to know what the legislation is actually proposing to do to our criminal justice system, notwithstanding the words coming from government MPs.

Let me start with a little bit of context. I am the chair of the Conservative rural crime caucus and had the pleasure of helping to create a document in 2018 that we published as MPs from rural Alberta. Virtually every one of my colleagues from rural Alberta participated in this. We consulted and talked to a wide variety of people in our province. We talked to victims. We talked to rural crime watch people. We talked to anti-crime organizations. We talked to victims-of-crime services and to law enforcement experts, and we produced a comprehensive, thorough and multifaceted report, which we then tabled at the public safety committee in the last Parliament. My colleague from Lakeland had a motion in that Parliament talking about rural crime.

I want to remind all colleagues in the House that crime in rural areas, and specifically here in western Canada, is significantly on the rise. It has been shown statistically. One does not have to go very far to look. A document from the Angus Reid Institute published January 10, 2020, shows that crime rates in Canada dropped precipitously from 1991 to 2014, falling more than 50% during that period. However, crime rates have ticked upward over each of the past four years for which data is available, and that trend is continuing. It shows that confidence is waning significantly in our law enforcement agencies, courts and provincial jurisdictions. It notes that it is more significantly happening in western Canada, and in the Prairie provinces in particular.

Colleagues can imagine that the proposed changes to this legislation would be somewhat horrific to my constituents who ask me about it. If anybody wants to read the report, “Towards a Safer Alberta: Addressing Rural Crime”, it addresses a lot of crime in general by addressing rural crime. I would encourage them to do so. It can be found on my website, www.blainecalkinsmp.ca. I would encourage people to have a look at it and see what good work MPs in western Canada have done to bring forward the concerns of our constituents.

I want to talk a little bit about the overall Government of Canada's approach since it became the government in the fall of 2015. I am not going to get into too much discussion about specific firearms legislation in Bill C-71 or Bill C-21, but I will talk about Bill C-75 and now Bill C-22, and the soft-on-crime approach that the government seems to have. The rationale that it is presenting seems to basically undermine the needs of victims in this country, especially when some of these crimes are certainly crimes against people. They are not just property crimes.

What are some of the things that the government has done? In Bill C-75, which could be called the prequel to Bill C-22, the government basically hybridized well over 100 offences in the Criminal Code. To those who wonder what that means, there are basically two ways in which a Crown prosecutor can proceed with charges before a justice. One of them is through an indictable offence. Until this bill came along, it usually carried with it a set of penalties for which there was a requirement to spend some time in jail or in custody. Then there is something called a summary conviction offence, which is the equivalent, I guess, of a U.S. misdemeanour. It usually carries with it a very small sentence or time served in jail, in lieu of being unable to pay a fine of some kind.

Here are some of the things for which the current government, in the previous Parliament, changed the sentences from mandatory indictable offences to hybrids. This allows the Crown to plea bargain away serious offences such as impaired driving, punishment for theft, both under $5,000 and over $5,000, possession of instruments for breaking and entering, selling automobile master keys and other items, enabling theft, possession of property, stolen property obtained by crime and, of course, importing or exporting property.

That just names a few offences. As I said, there were over 110 offences that the government essentially reduced the penalties for. In fact, it would now be possible for someone to get a summary conviction offence for abduction of a person under the age of 16 or abduction of a person under the age of 14. Those were also included in Bill C-75. It would now be possible to pay a fine less than someone would pay for failing to stop at a stop sign. That is the legacy of Bill C-75 in the first Parliament.

Now let us fast forward to Bill C-22 and take a look at what Liberals are removing mandatory minimum penalties or just basic minimum penalties for in the Criminal Code. First, there is using a firearm or an imitation firearm in the commission of an offence. Interestingly the government is removing Airsoft and paintball guns from possession completely for law-abiding citizens, but if a criminal is using a firearm or an imitation firearm in the commission of an offence, they will now get the pleasure of going home and sitting there, thinking about what they have done. Possession of a firearm, knowing that its possession is unauthorized, is the whole point. Rather than reducing penalties for people who knowingly use or are in possession of unauthorized firearms, the government is instead taking firearms away from law-abiding citizens who are co-operating with the government. It does not make any sense.

More items include possession of a weapon obtained by the commission of an offence. One of the biggest problems we have with rural crime is people going onto properties to steal vehicles, tools and other items that are easily saleable and marketable on the black market. People also, from time to time, go to these properties purposely looking for firearms to steal. Why on earth would the government want to make it less punishable for these types of thieves who are purposefully targeting establishments, casing rural farms and casing our communities?

Why would we reduce the penalties for individuals who are purposefully trying to steal firearms? These firearms end up on the streets of our cities and our communities and end up being used in the commission of offences. This makes no sense, but the government seems to think that this is a good idea.

Here is something we can categorize in the realm of the bizarre. Why on earth would the government remove any semblance of a minimum penalty for someone who was trafficking weapons and firearms? If we listen to police chiefs or victims' services people anywhere in major urban centres, crime is proliferating especially with the use of handguns and firearms in those communities. We know that most of those firearms are obtained illegally through theft or are smuggled across our border. I would think that the government would say it was going to crack down on smugglers, but it would seem that the government is encouraging smuggling while discouraging lawful ownership. Importing or exporting a weapon knowing it is unauthorized is called smuggling. The bill would reduce minimum penalties for that.

The next item is discharging a firearm with intent. Why would we reduce a penalty for somebody purposely discharging a firearm with intent? This makes absolutely no sense. The Liberal MPs are simply misleading the House and Canadians with what their true intent is with Bill C-22, and it is incumbent upon all of us with a conscience in the House of Commons, and with an eye to doing what is right for the law-abiding citizens that we represent, to defeat this irremediable piece of legislation.

Criminal CodeGovernment Orders

April 13th, 2021 / noon


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Independent

Derek Sloan Independent Hastings—Lennox and Addington, ON

Madam Speaker, there has been some concern about the use of mandatory minimum penalties.

There are still, and will remain, if this bill passes, mandatory minimums for various crimes. My concern is, why would some of these serious crimes, these types of offences, like the use of a firearm in commission of an offence, possession of a firearm or prohibited weapon, robbery committed with a firearm, and I could go on, have mandatory minimums removed when some mandatory minimums still remain? This is an issue, particularly in relation to the other laws, such as Bill C-21, which is being implemented to put more restrictions on legal firearms owners.