An Act to amend the Criminal Code (conversion therapy)

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

David Lametti  Liberal

Status

In committee (Senate), as of June 28, 2021
(This bill did not become law.)

Summary

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, create the following offences:
(a) causing a person to undergo conversion therapy without the person’s consent;
(b) causing a child to undergo conversion therapy;
(c) doing anything for the purpose of removing a child from Canada with the intention that the child undergo conversion therapy outside Canada;
(d) promoting or advertising an offer to provide conversion therapy; and
(e) receiving a financial or other material benefit from the provision of conversion therapy.
It also amends the Criminal Code to authorize courts to order that advertisements for conversion therapy be disposed of or deleted.

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

June 22, 2021 Passed 3rd reading and adoption of Bill C-6, An Act to amend the Criminal Code (conversion therapy)
Oct. 28, 2020 Passed 2nd reading of Bill C-6, An Act to amend the Criminal Code (conversion therapy)

Criminal CodePrivate Members' Business

October 27th, 2020 / 5:45 p.m.
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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, the hon. member is absolutely right. I will work on it at my end. This is a huge problem in the GTA and the major cities. In the last five years in Toronto alone, the member's part of the world, there were 2,415 registered shootings, over 1,000 injuries and 236 deaths. This was in Toronto alone. We need to work on it. In some parts of the world people may not understand it.

If I have the time, I have a quick report from the Canadian Police Association, which states: “The front-line police have first-hand experience in dealing with the consequences of increasing gun violence in our communities and smuggled weapons are significantly the source of that violence. Bill C-238—”

Criminal CodePrivate Members' Business

October 27th, 2020 / 5:45 p.m.
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Liberal

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

I would like to give members the opportunity to ask questions.

Questions and comments, the hon. member for Edmonton Manning.

Criminal CodePrivate Members' Business

October 27th, 2020 / 5:45 p.m.
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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, the bill addresses a very important issue: the security and safety of Canadians, especially in major cities. I hear this from across the aisle too. We know arms smuggling is a big problem here because we have such large borders, and we know it is happening every day.

How is the member's bill going to address the safety and security of Canadians, especially in major cities?

Criminal CodePrivate Members' Business

October 27th, 2020 / 5:45 p.m.
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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, there are many issues, and organized crime is one of them. We need to clamp down on these issues for the safety and security of Canadians.

I want to read something from the Canadian Police Association. “Front-line police have first-hand experience in dealing with the consequences of increasing gun violence in our communities, and smuggled weapons are a significant source of that violence. Bill C-238 presents a common sense solution that will strengthen penalties for those who are knowingly bringing these illegal—”

Criminal CodePrivate Members' Business

October 27th, 2020 / 5:45 p.m.
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Liberal

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

The hon. member for St. John's East has the floor.

Criminal CodePrivate Members' Business

October 27th, 2020 / 5:45 p.m.
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NDP

Jack Harris NDP St. John's East, NL

Madam Speaker, the smuggling does not occur in Toronto, of course, and we are opposed to these handguns getting loose. What about the border itself? What efforts does the member propose to actually stop smuggling at the border? The Conservative government got rid of over a thousand border guards when it was in power.

Criminal CodePrivate Members' Business

October 27th, 2020 / 5:45 p.m.
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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, I will finish the quote and then come back to the question.

“We appreciate the effort to provide the criminal justice system with the tools necessary to combat this serious issue. We are hopeful all members of Parliament will carefully consider this legislation and work quickly and collaboratively to pass Bill C-238.” This is from the president of the Canadian Police Association.

To the hon. member—

Criminal CodePrivate Members' Business

October 27th, 2020 / 5:50 p.m.
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Liberal

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

Resuming debate, the hon. member for Spadina—Fort York.

Criminal CodePrivate Members' Business

October 27th, 2020 / 5:50 p.m.
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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Madam Speaker, when I saw this on the Order Paper and that it was up for discussion tonight, I literally ran from my office to be here. There is nothing that has taken more lives in my life than handguns. In fact, I have been to more funerals in my riding for children killed by illegal handguns than I have for members of my own family in my entire lifetime.

People only have to attend one of these funerals to have their lives changed forever. For those who have attended a sequence of them, one begins to understand that it is not the cliché that is being buried, it is a victim of so many things that have gone wrong that is being buried. The families who have to deal with gun violence in their communities are traumatized. Literally, the number of children suffering from post-traumatic stress disorders in the riding that I represent, in a couple of neighbourhoods, is exceptional.

I will never forget, after a machine gun was used to terrorize a community, seeing a grandmother pull the shrapnel out of a kid's bicycle that now had a flat tire and hand to me so I could give it to the police just in case they could find the individual who had used a submachine gun in a residential neighbourhood.

The most terrifying thing is that in some of our communities, it is not even the residents in the communities who are the targets, it is just the name of the community that is targeted. The media picks up on it and it further traumatizes and stigmatizes the young people who come from some of these neighbourhoods. At the end of the day, it is young people's lives that are being taken by illegal handguns and it is time for it to end, and to end as quickly as possible.

I thank the member opposite for stepping up. We do not normally see good, strong gun control legislation coming from the Conservatives, but in this case, as I said, I do not need a party to tell me how to vote. My residents have told me how to vote and I will be supporting this bill.

The issue, however, is more than just the smuggled guns. By the time a kid picks up a handgun to shoot or be shot, it is too late. So much of what we need to do as a country and, in particular, so much of what we need to do in the city I represent is to give young people better choices, because when those better choices are there, they make the better choice.

I have seen countless examples of young people who have been steered away from a life of trouble, have been taken away from the justice system, put into restorative systems and literally rehabilitated, to the point where they are leaders in bringing down the level of violence that threatens our communities. They have changed the way young people themselves approach the challenges that some of them face and have taken neighbourhoods that had shootings that were just too many to count and returned them to relative peace.

All it takes is people coming out of prison and recycling themselves into a society that does not give them any options except a life of crime sometimes and we end up with a revictimizing of the victims, a revictimizing of these young people and it starts all over again. There are neighbourhoods that are literally on five-year cycles because of the five-year mandatory minimum sentences.

We can almost predict which community, in five years' time, will have a major bust or sweep through it with guns and other elements of criminal activity involved. We know that everyone will be getting out of prison at about the same time, in about five years' time, and it will start all over again. That is why justice reform, changing the way we police this issue, stopping guns at the border and giving kids better choices are conversations I will never back away from. It also requires us to think differently about guns in this country.

I have a sister who ran a logging and tree-planting crew in the interior of B.C. and on Vancouver Island. I understand a shotgun is used as a tool to keep people, especially tree planters, safe in very remote communities. My family was a farming family back in Australia and I certainly understand that sometimes farmers require these tools in order to keep their crops safe or their livestock alive. I understand that and I have no intention of breaking into that.

I have been to the north with my colleague from the Northwest Territories. I have seen the way country food is harvested. I understand the role that hunting plays in sustaining communities from coast to coast to coast, in particular, indigenous communities, but there is no rational reason for anybody in this country to own a handgun. Handguns are made for one reason, and one reason only, and that is to kill people.

They may be needed in the armed forces and policing. Even then I still require convincing continually because I get nervous when I see handguns pulled in policing sometimes. I have been on the police service board, I have been to police funerals and I understand the need to defend people, and police officers have just as much right to go home safely after their shift as any other Canadian.

The culture around handguns is as much what we are trying to stop coming across the border as the politics of handguns and the handguns themselves.

We put this bill in a sequence of legislation that includes strong investments in public housing, strong investments in early learning and childcare, strong investments in youth diversion from the justice system, and strong investments in looking at different ways that sentencing can work to support the re-creation and rebirth of people who have made bad choices in their lives. When we invest in education and jobs, and particularly jobs in racialized communities, the temperature changes. The danger starts to disappear, but it is never entirely gone until the guns are gone.

I have huge problems with any attempt to relax the regulations around guns in this country. I will never back away, as I said, from this conversation. They can put my face on the sides of campaign buses and they can write the hateful letters and terrible emails that are sent when one speaks out against handguns and gun violence in this country. I do not care. I just do not care. I care too much about the people and families in my riding who have had to suffer from bad gun laws in this country for too long.

It is different in rural Canada. I get that, but in urban Canada there is no need, no reason, no requirement and no justification for owning a handgun. Whether it is lost, whether it is stolen or whether it is smuggled, when that gun goes off that bullet does not stop ricocheting in our communities. Families that lost a loved one 15 years ago still walk by corners in my riding and break down in tears. Families that lost a loved one to ricocheting bullets that went through windows, or bounced off bicycles, or went through air conditioners do not forget the sound of bullets entering a living room and do not feel safe in their homes anymore.

We have a responsibility as politicians. We have a responsibility as community leaders. We have a responsibility as neighbours to protect each other from this kind of violence. If this law takes 50 guns off the street, I will support it. If it takes 100 guns off, I will cheer. If it takes 1,000 guns out of our communities, I will be doing nothing other than giving my thanks to the hon. member for the leadership he is providing on this issue.

That being said, we also need to have a frank conversation about mandatory minimum sentences, because we know systemically how they are applied and who they are applied to, and who benefits from justice and who does not when it does not understand context. This is not a plea to be soft on criminals. If someone has picked up a gun and fired it, they are a criminal and will always be a criminal, in my view.

The real challenge, and the most important thing here, is to start to understand that we have an opportunity, a responsibility and a chance to take those bullets, and those handguns, away from our communities and make the lives of police officers safer, make the lives of clerks of the court system safer, make our communities safer, and make politicians safer as we see guns being used against politicians around the world. We have a mutual obligation to work together.

I know that there are people who have a relationship with their guns because they went hunting with their dad. I know that there are communities that need the long gun and the shotgun for food. I understand the arguments that come and the divide that exists between rural Canada and urban Canada, but I plead with people who come from rural ridings to understand that they have to help us stop burying kids in Toronto. We need everyone's help, and we cannot do it alone, with educational programs or background checks. We have to focus on handguns.

I recognize there are some people who like to trap shoot, just as there are some people who like to throw javelins, but someone cannot throw a javelin in downtown Toronto just because they want to. Someone cannot drive a snowmobile in the winter through downtown Toronto just because they want to. If someone has to have a gun and needs to pursue that hobby, please take it out of our cities. Take it away from crowded environments. Take it away from the nightclubs. Take it away from the back alleys. Take it away from a place where it will hurt somebody, because of the damage that guns have been doing, in particular with regard to who is being buried and which communities are being affected.

People are crying for laws on this. They are pleading with us for laws on this and their voices are being largely ignored in this Parliament. It has to end. It is for that reason that I will be voting for this motion, even with my concerns about the mandatory minimum sentences, because we have to get rid of handguns in this country and I will never back down from that position, ever.

Criminal CodePrivate Members' Business

October 27th, 2020 / 6 p.m.
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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, I confirm that the Bloc Québécois will support this bill. We will do so in good faith once again. We believe that increasing penalties for crimes such as the possession of unlawfully imported firearms is the right thing to do.

At first glance, the bill is not creating new rights; it is just saying that committing this offence will result in harsher penalties for subsequent offences. One can hardly be against such a proposal.

However, I believe that we should be cautious on two counts. I said I would vote in favour of this bill, but I keep thinking that we must be vigilant about one thing. Personally, I am not keen on the idea of minimum sentencing for crimes. I think that we should trust our justice system and our judges who are capable of assessing situations on a case-by-case basis.

It is rare to find two cases that are exactly the same. There are always subtle differences. These differences must be taken into account, and judges are usually in a position to do so. Yes, it takes mandatory minimums. We are here to legislate, we want to create a legal framework and we agree on that. However, I do have a caveat. Mandatory minimums are not a cure-all. We must be very careful that we do not restrict in any way a judge's latitude to make important distinctions.

I have another caveat. We must not think that by increasing penalties for the possession of illegal firearms we are addressing all problems related to gun control. The opposite is true. This measure will likely have an impact, or at least we hope it will, since we do not want to create legislation for no reason. Still, the impact will be relatively marginal.

The Toronto chief of police recently said that more than half of the gun crimes committed in his city involved guns that were legally purchased. Illegal guns are obviously not a good thing, but although our own firearms market here, in Canada and Quebec, is subject to some restrictions, it enjoys permissions that must be controlled.

Last spring, on May 1, an order was made, and the Canadian government created a regulation that added some 1,500 types of firearms to the prohibited assault-style firearms registry. At the time, it was argued that assault-style firearms were not meant for hunting. Nobody wants to stop a hunter from bagging a deer every year, but nobody needs a machine gun to hunt deer. Many a good hunter will hunt with bow and arrow. The government does not want to ban hunting, but it says that assault weapons, weapons used to kill other humans, weapons of war, do not belong in Quebec or in Canada. The government therefore decided to ban them by order in the spring. Almost all of us agreed on that.

That being said, we look forward to seeing what happens as a result of this ban. I look forward to it, in any case, since the result will be the mandatory buyback program for firearms. Now, we heard our Prime Minister dither on that, and he spoke about an optional buyback program at one point. Someone who purchased an assault weapon that is now banned would not be forced to bring it back if they bought it before it was banned. The government is removing the teeth from this worthwhile gun control process.

This buyback program must be mandatory, and I hope that the government will soon introduce a bill for the optional buyback program. This must be done through a bill. I have not heard any talk about that yet. However, I invite our Liberal colleagues to introduce one as quickly as possible so that we can work on it and finally have a logical next step. We started off in the right direction, but now it seems we are zigzagging a little. I want us to continue in the right direction. I do not want to see any dithering.

In my opinion, the Bloc Québécois would be prepared to vote in favour of a mandatory buyback program for illegal firearms; in fact, we would like that to happen as soon as possible.

In short, we will support my colleague's very virtuous Bill C-238, noting that minimum sentences are not a cure-all. I still have reservations about that, but I think it is justified in this case. We will support it.

Let me add another caveat. Bill C-238 must not be used as an excuse to not go further when it comes to the mandatory buyback program for the firearms that were banned last spring. That is essential in our society.

Criminal CodePrivate Members' Business

October 27th, 2020 / 6:05 p.m.
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NDP

Jack Harris NDP St. John's East, NL

Madam Speaker, I am here to speak to Bill C-238, which introduces an amendment to section 96 of the Criminal Code to impose a mandatory minimum sentence of three years for possession of a firearm known to be illegally imported into Canada and five years for a second offence. Second, it would increase the maximum sentence from 10 to 14 years and then impose a reverse onus for bail conditions for those who are charged.

We are very concerned about gun violence in our streets. We have heard descriptions of it from the member for Markham—Unionville. We know about the terrible situation in Toronto in particular. We have talked about it a lot with the member for Spadina—Fort York and the member for Markham—Unionville. We hear about it all the time.

We want stronger laws to keep guns off our streets. There should be much stronger laws and enforcement to prevent smuggling. We are very concerned about this but nothing is being done about it.

We also believe that it is the job of parliamentarians to pass legislation that is consistent with the Constitution of our country. People have talked about misgivings around mandatory minimums. The problems we have with the bill are not simply matters of misgivings. We know there are certainly problems with them with respect to the application of the laws to different individuals. It is also the obvious and well-known idea that racial discrimination occurs with mandatory minimums. It is one of the reasons why there are more Black and indigenous people in our prisons. That has been spoken about many times.

However, the real reason is that it is unconstitutional. The legislation to increase the length of the sentence from 10 to 14 years shows the courts and the judges that these are to be taken seriously and will result in higher sentences. When we talk about section 96 of the Criminal Code, section 95 of the Criminal Code on guns and possession of guns obtained by crime has similar mandatory minimums: three years for possession of a gun obtained by crime, or prohibited weapons that were armed or loaded or had ammunition readily available. Those mandatory minimums were struck down by the Supreme Court of Canada.

Therefore, they are unconstitutional. They have no force and effect. They will not be given effect. We as parliamentarians ought not to be passing legislation that is clearly unconstitutional.

What is interesting about the case, R. v. Nur, is that the individuals who went to the Supreme Court of Canada had been sentenced to six and seven years in jail. The defence argued that the law was unconstitutional and the court agreed. It threw out the mandatory minimums in that case, but it upheld the sentences for the individuals because they were deemed appropriate. The court also threw it out because there were cases where that sentence would not be appropriate. Therefore, that law was not constitutional.

We have to make laws that are effective but that are also in keeping with our Constitution. In this case, increasing the sentence shows the seriousness of the crime. In fact, by increasing the sentence in Bill C-238, the maximum sentence one could get is up to 14 years. That sentence is higher than the sentence for the smuggling.

The law is a bit odd for that reason. It is unusual to see a law for possession of a smuggled gun to carry a higher sentence than for smuggling itself. However, that is the way the legislation is written. Perhaps that could be dealt with in the committee. The signal it sends with respect to the seriousness of the crime is very important.

To get back to the issue, we want to pass laws that are effective. We want to find ways of stopping gun violence in our cities. We know, of course, that most of the handguns we are talking about come from smuggling, so how do we get them away from the cities? They are not smuggled in Toronto. They are smuggled at the border.

We have seen a few things happen in the last number of years. One is that the number of border guards was drastically reduced by the Conservative government. Over 1,000 border guards were laid off, which was a reduction in the number of members of the CBSA whose job it is to look out for smuggling, and we have not seen any significant programs to tackle that. If we are going to tackle the crime, and if the crime is smuggling, we need to be tackling that crime at the border where the smuggling takes place.

We have not seen any action on that. We need an effective law to actually stop the smuggling, and we need enforcement by officials, police forces and the CBSA to actually do that. We try to stop drugs from coming over the border, and we should be putting an equal effort into ensuring that guns are stopped at the border as well.

In the case of sentencing, of course, it must fit the crime. This is a significant and serious crime, and it is up to the courts to do that. However, if the law we are passing is going to be deemed to have no force or effect, and there is very little doubt that this is an unconstitutional law, then we should not be passing it because it is not going to do any good.

There is little evidence that these mandatory minimums actually act as a deterrence. In fact, we heard the member for Spadina—Fort York talk about the cycle of people coming out of prison every five years and committing crimes again. Obviously, it is not doing any particular good if being in jail for several years is not doing anything other than turning people back out to the streets to commit crimes again.

We have to deal with the root causes of these problems, and they have to be rooted out with the kind of programs that we have been talking about. We also need the efforts by the police to ensure we have less smuggling going on and treat organized crime in a much more serious way.

Another thing that happened in the last five years was that several hundred serious investigations into organized crime by the national police force were laid to one side after the tragic shooting in Ottawa in 2014 of Nathan Cirillo and the subsequent attack on Parliament Hill. Resources from the RCMP were diverted to look out for similar activities across the country, and they were diverted away from the organized crime files they were working on.

In fact, instead of putting more resources in place to do that, they were actually taken away from organized crime files. The result was, and this has been demonstrated, over the next several years gang activity, mafia-style activity and organized crime activity actually increased. There was more access to guns and cash, and that increased as a result of a lack of enforcement.

We have to deal with enforcement. We have to deal with the root causes of gun violence, and we have to make sure we have laws that are actually constitutional. We are members of the Parliament of Canada. We must have respect for the constitution of our country and pass laws that are actually effective and that deal with the problem. Let us do that.

It has been suggested, for example, by the member for Markham—Unionville, that it is effective to have people in jail for a few days after being arrested for these things. Well, that is a very easy thing to fix, is it not? We do not have to put in laws that are unconstitutional to do that. If it is demonstrated that there ought to be a cooling-off period, that could be put into law as well.

Let us find the tools to do the job. Let us try to ensure we have laws that are not only effective, but also constitutional. Let us do the job right, and see if we can work together to make that happen.

Criminal CodePrivate Members' Business

October 27th, 2020 / 6:15 p.m.
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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Madam Speaker, I am honoured to rise for Mission—Matsqui—Fraser Canyon to speak to Bill C-238, put forward by my colleague from Markham—Unionville. I want to thank the member for his work on this file and the speech he gave earlier this evening.

Bill C-238, an act to amend the Criminal Code, would increase the mandatory minimum penalty for the possession of a smuggled firearm to three years for the first offence and to five years for the second and subsequent offences, with a 14-year maximum. It would also amend the Criminal Code to automatically deny bail for these offenders in order to stop the catch and release of criminals, a circumstance that our hard-working police and Crown prosecutors experience far too often. If someone is arrested carrying a smuggled firearm, they would be required to make the argument to a judge as to why they deserve to be let back into the community. Quite frankly, they should not get to go home. They deserve jail, not bail.

Some of my parliamentary colleagues may have issues with the implementation of mandatory minimums, as we have heard this evening. I must echo the sentiment of my colleague from Markham—Unionville. Those in known possession of a smuggled firearm have it for a violent reason and their ill intent is to cause harm or death to another. That is a good enough reason for me. This cannot be tolerated in our society, and the prison time is more than warranted.

Indeed, this type of bail is already in the Criminal Code for other crimes, such as hostage taking, armed robbery or extortion with a firearm. This private member's bill ensures the punishment fits the crime. It is a common-sense approach to addressing real threats to Canadians' public safety.

Unlike the Liberal government, the Conservatives know that law-abiding firearm owners are not the problem. Contrary to Liberal claims about our approach, we know there is a problem, and we are putting forward real solutions to address it. Gun violence affects far too many people in our communities.

We heard the reports from my colleague about the untenable situation in the greater Toronto area. Sadly, on the other side of our country, even in Abbotsford and Mission, circumstances are similar. I personally know too many families who have tragically lost loved ones to gun violence.

The perpetrators of this violence did not go through the Canadian firearms safety program. They did not take the courses required to apply for a firearms licence. They did not apply for a possession and acquisition licence or a restricted possession and acquisition licence. They did not have their background investigated, their mental health checked or their domestic partner consulted. The perpetrators are not subject to the continuous eligibility screening that Canadian firearms licence-holders undergo constantly, where their names are run through the RCMP system daily to ensure that no crimes have been committed. They did not purchase their firearms from a Canadian retailer. We already have a robust gun control system in place that works, and the members opposite need to look at the way we treat criminals.

We all know that firearms laws are much less stringent in the United States. We also know that the border between Canada and the U.S. is the longest undefended border in the world. In my hometown of Abbotsford, B.C., the border is literally a ditch separating parallel farm fields in the two countries. My opa's farm straddled the border, a field on the Canadian side and a field on the American side. As kids, we would hop back and forth for fun. It does not take a genius to realize these two realities are ready for abuse and conducive to gun smuggling.

No matter how draconian the Liberal government gets with domestic firearms regulations, no matter how much they trample on the freedoms of law-abiding Canadians, the reality is that the U.S. is our neighbour. It will always be easier for criminals to source weapons from the U.S. and illegally import them to Canada.

The federal government must act accordingly. In the last election, we heard from officers of the Canada Border Services Agency that they did not have the tools to effectively interdict illegal weapons at the border. Recently, the Minister of Public Safety stated that his government would be doing more on this issue. I look forward to seeing that progress.

The Liberal government can move rapidly to prohibit Canadians from using legally acquired private property in the middle of a pandemic, doing so because it was politically expedient, but it moves like molasses when it comes to addressing this real issue.

This is an emotionally charged matter, and it is for my constituents, but for that very reason it needs to be addressed in a thoughtful, targeted manner based on real data and not emotion. We owe that to those who have been killed by gun violence and to their families. As legislators we are tasked with the honour and privilege of enacting legislation for the betterment of Canadians. However, that comes with the responsibility to ensure that legislation is sound, that it addresses an actual issue and that it will deliver the results it is intended to.

Part of that legislative process is the opportunity to debate the legislation in this place, at committee and in the other place. Such a debate was not able to take place, however, when on May 1, the Liberal government's order in council turned hundreds of thousands of law-abiding Canadians into criminals. However, Canadians are pushing back. Over 58,000 of them signed a petition tabled by the member for Cariboo—Prince George, highlighting the ridiculous and internally contradictory May 1 OIC and calling for its repeal.

Another 230,000 Canadians signed a petition tabled by the member for Calgary Nose Hill, which also called for the federal government to scrap the OIC and instead pass legislation actually targeting criminals that stops the smuggling of firearms into Canada and goes after those who illegally acquire firearms. This sounds a lot like what we are proposing in this legislation.

Numerous legal challenges against the Liberal government's firearm ban also continue to pile up, arguing among other things that the Prime Minister contravened the Firearms Act when he immediately outlawed more than 1,500 firearms through regulatory decree rather than a legislative process, and that governments cannot use an order in council to outlaw firearms used for sporting or hunting purposes, which would include the vast majority of firearms listed in the May 1 directive.

The impact of this ban on small businesses has also been devastating, as if COVID-19 restrictions were not bad enough. With all of these shortcomings, I and my Conservative colleagues are committed, as the government-in-waiting, to engage with difficult issues, to consult with Canadians and to take hard decisions. That is why I solicited my constituents for their input on Bill C-238. I distributed a survey and requested their feedback. Eighty-four per cent of respondents ranked stopping illegal guns from being smuggled into Canada as very important. The remaining 16% ranked it as the second highest level of importance when it came to their safety and that of their families.

The same high number, 84%, agreed with the bill that bail should be revoked for those charged with the possession of an illegally smuggled firearm. The Conservative Party has a plan to safeguard Canadians' public safety and reduce violent gun crime. Unlike the Liberal government, we would not waste time and money harassing law-abiding gun owners and confiscating their legally acquired private property as part of a virtue-signalling exercise that will have zero impact on reducing crime.

What percentage of respondents agreed with the Liberal approach? It was 5%. The NDP's approach, a carbon copy of the Liberals', received the same level of support, 5%, whereas 60% of respondents agreed with the Conservative Party of Canada's plan.

This private member's bill is just one important component of a broader plan that needs to take place to protect public safety. I encourage my colleagues from all parties to review Bill C-238 on its merits and send it to committee for further study.

Criminal CodePrivate Members' Business

October 27th, 2020 / 6:25 p.m.
See context

Winnipeg North Manitoba

Liberal

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

Madam Speaker, this morning is when I heard that the member was going to be bringing forward the legislation. I had this discussion about conflicting messages. There is a bit of a conflicting message. I want to share with members something that somewhat surprised me when I found out this had taken place in committee.

We had Bill C-71, something with which Conservatives had a great deal of difficulty. From what I understand, at the committee stage, there was an amendment brought forward. I am sure members will see the relevancy to this legislation, because this legislation seems to be at odds with what Conservatives were proposing through an amendment.

In the amendment to Bill C-71, the act is amended and this is in essence what it said. The act would be amended to the following, referencing section 11:

Despite sections 109 and 111, no person guilty of an offence set out in those sections is liable to imprisonment if, in the commission of the offence, the person causes no bodily harm to another person.

Sections 109 and 111 in the Firearms Act refer to deliberately lying in order to get a firearms licence, tampering with firearms licence or registration certificate, operating an illegal firing range, ensuring prohibited firearms are safely stored and, this one I find interesting, penalties for lying to a customs officer about a firearm or for falsifying a customs officer's confirmation document.

They wanted to remove penalties for cross-border trafficking. It seems to me that it makes a reference. The member from Red Deer was one of the members. I am not too sure if the member introducing the bill was at that committee. When we take into consideration some of the previous actions of the Conservatives, one could be a little surprised in terms of the legislation that we have here today.

Canadians are genuinely concerned. As my colleague from Toronto talked about earlier, with a great deal of passion, there are many members of this Parliament who are very passionate because they have directly or indirectly seen the harm of governments' not taking actions that are necessary in order to make our communities safer.

I think, for example, of when the Minister of Public Safety and Emergency Preparedness stands up and talks about the banning of military assault-style weapons as something that Canadians want to see, yet on the Conservative opposition benches we are constantly criticized for that. It is almost as if many Conservatives are not really understanding the issue that we are trying to address: safer communities. Some of the actions that we have taken as a government, I believe, reinforce it, yet we get mixed messaging coming from the Conservative ranks.

We recognize that smuggling is a very serious issue, and yet Stephen Harper cut hundreds of millions of dollars from Canada border control officers. These are the types of things that send mixed messages, and I think it is because the Conservatives' primary concern is more about spin than it is about—

Criminal CodePrivate Members' Business

October 27th, 2020 / 6:25 p.m.
See context

Liberal

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

The hon. member for Edmonton West.

Criminal CodePrivate Members' Business

October 27th, 2020 / 6:30 p.m.
See context

Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, while I appreciate my colleague's wild tales and inaccuracies about the cuts, I suggest he actually read the public accounts and see that it was the Liberals who had massive cuts. I would perhaps suggest the member stick to the matter at hand, which is—