Bill C-21 (Historical)

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

This enactment amends the Criminal Code to, among other things,
(a) increase, from 10 to 14 years, the maximum penalty of imprisonment for indictable weapons offences in sections 95, 96, 99, 100 and 103;
(b) establish a regime that would permit any person to apply for an emergency prohibition order or an emergency limitations on access order and allow the judge to protect the security of the person or of anyone known to them;
(c) deem certain firearms to be prohibited devices for the purpose of specified provisions;
(d) create new offences for possessing and making available certain types of computer data that pertain to firearms and prohibited devices and for altering a cartridge magazine to exceed its lawful capacity;
(e) include, for interception of private communications purposes, sections 92 and 95 in the definition of “offence” in section 183;
(f) authorize employees of certain federal entities who are responsible for security to be considered as public officers for the purpose of section 117.07; and
(g) include certain firearm parts to offences regarding firearms.
The enactment also amends the Firearms Act to, among other things,
(a) prevent individuals who are subject to a protection order or who have been convicted of certain offences relating to domestic violence from being eligible to hold a firearms licence;
(b) transfer authority to the Commissioner of Firearms to approve, refuse, renew and revoke authorizations to carry referred to in paragraph 20(a) of the Act;
(c) limit the transfer of handguns only to businesses and exempted individuals and the transfer of cartridge magazines and firearm parts;
(d) impose requirements in respect of the importation of ammunition, cartridge magazines and firearm parts;
(e) prevent certain individuals from being authorized to transport handguns from a port of entry;
(f) require a chief firearms officer to suspend a licence if they have reasonable grounds to suspect that the licence holder is no longer eligible for it;
(g) require the delivery of firearms to a peace officer, or their lawful disposal, if a refusal to issue, or revocation of, a licence has been referred to a provincial court under section 74 of the Act in respect of those firearms;
(h) revoke an individual’s licence if there is reasonable grounds to suspect that they engaged in an act of domestic violence or stalking or if they become subject to a protection order;
(i) authorize the issuance, in certain circumstances, of a conditional licence for the purposes of sustenance;
(j) authorize, in certain circumstances, the Commissioner of Firearms, the Registrar of Firearms or a chief firearms officer to disclose certain information to a law enforcement agency for the purpose of an investigation or prosecution related to the trafficking of firearms;
(k) provide that the annual report to the Minister of Public Safety and Emergency Preparedness regarding the administration of the Act must include information on disclosures made to law enforcement agencies and be submitted no later than May 31 of each year; and
(l) create an offence for a business to advertise a firearm in a manner that depicts, counsels or promotes violence against a person, with a few exceptions.
The enactment also amends the Nuclear Safety and Control Act to, among other things,
(a) provide nuclear security officers and on-site nuclear response force members with the authority to carry out the duties of peace officers at high-security nuclear sites; and
(b) permit licensees who operate high-security nuclear sites to acquire, possess, transfer and dispose of firearms, prohibited weapons and prohibited devices used in the course of maintaining security at high-security nuclear sites.
The enactment also amends the Immigration and Refugee Protection Act to
(a) designate the Minister of Public Safety and Emergency Preparedness as the Minister responsible for the establishment of policies respecting inadmissibility on grounds of transborder criminality for the commission of an offence on entering Canada;
(b) specify that the commission, on entering Canada, of certain offences under an Act of Parliament that are set out in the regulations is a ground of inadmissibility for a foreign national; and
(c) correct certain provisions in order to resolve a discrepancy and clarify the rule set out in those provisions.
Finally, the enactment also amends An Act to amend certain Acts and Regulations in relation to firearms so that certain sections of that Act come into force on the day on which this enactment receives royal assent.

Criminal Code

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

I have no evidence.

[Rob Morrison, Conservative, Kootenay—Columbia, BC]

Madam Speaker, I do not know whether the member has any evidence that supports legal handguns being used in the commission of an offence. In fact, I would say it is zero, as one member already talked about.

Does the member agree that to get to the root problem here, there has to be crime prevention to prevent people from being involved in illegal gun crimes? Doing that is going to cost billions, so rather than a buyback program, would those billions of dollars not be better suited going toward the actual root cause of the problem and prevention?

[Lloyd Longfield, Liberal, Guelph, ON]

Madam Speaker, the reason we are consulting with police chiefs, as well as people involved in the enforcement of laws in Canada to prevent crime, to come up with legislation like this, is also why we get their endorsement. We are working locally with our chief of police in Guelph, but we are also working across Canada with chiefs of police to make sure that this legislation gets it right. We are getting great feedback from chiefs of police on this legislation.

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Madam Speaker, I want to congratulate my colleague on his detailed speech.

I have a simple question. They say that they want to take action on illegal arms trafficking, yet it has been documented that Bill C-21 will do nothing to prevent illegal arms trafficking. Is my colleague aware of that?

[Lloyd Longfield, Liberal, Guelph, ON]

Madam Speaker, what we are working on through this legislation is specifically handguns that are being sold and purchased in Canada. The smuggling that the member across the way is referring to is being dealt with in other ways, such as putting $350 million of additional resources into CBSA, and through other legislation that is specifically targeting the importation of guns and the banning of AR-15s and 1,500 other assault-type rifles from coming into our country in the first place.

[John McKay, Liberal, Scarborough—Guildwood, ON]

Madam Speaker, the member comes from the general GTA area, as do I. He and I have been through a number of elections. As chair of the public safety committee, I listened to endless testimony about guns. I have yet to hear a coherent reason why anyone in Guelph or anyone in Scarborough—Guildwood needs to own a handgun or an assault rifle. If he could elucidate that core point, maybe we could get somewhere with this legislation.

[Lloyd Longfield, Liberal, Guelph, ON]

Madam Speaker, from conversations I have had with gun owners in Guelph, I know they go to the shooting range and to businesses that provide opportunities for them to use handguns in target-shooting activities. Those facilities will still be able to have guns available for people to use, but to actually purchase a gun and use it in some way to protect oneself from the public is really what we are trying to address here. Guns are used in ways that endanger the public, rather than protect the public.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, we had discussions in the session this morning about the New Zealand example. As I recall, we saw this legislation right before the election. It initially had a voluntary buyback program. Having said that, we have seen flaws in how New Zealand handled this. That was a point made by some Conservative members.

I know there was push-back from groups concerned with gun violence, that a voluntary buyback program was not as good as a mandatory program. Can the hon. member for Guelph bring any information forward as to why the government changed its position on voluntary versus mandatory?

[Lloyd Longfield, Liberal, Guelph, ON]

Madam Speaker, unfortunately, I cannot provide that information to the hon. member. I was not part of the discussion that was going on around buybacks. What we are dealing with is to say that as many guns as we have in Canada right now is the most that we will ever have. This legislation will freeze the growth of handguns in our communities, which is resulting in the growth of crime in our communities.

[Pam Damoff, Liberal, Parliamentary Secretary to the Minister of Public Safety]

Madam Speaker, I would like to begin by acknowledging that we are gathered on the traditional, unceded territory of the Algonquin Anishinabe people.

Working in this place as an MP is a privilege that I do not take lightly. I have had the opportunity to work on many issues since I was elected, and one that I am most proud of is the actions we have taken to prevent gun violence.

Today, we are debating Bill C-21, a milestone achievement, built in large part on the voices and advocacy of so many survivors of gun violence, their families and loved ones, and doctors who see the burden of injury of gun violence.

I would like to express my deepest thanks to PolySeSouvient, the Centre culturel islamique de Québec, the Danforth families and the Dawson families, Doctors for Protection from Guns, the Coalition for Gun Control, Dr. Alan Drummond and the Canadian Association of Emergency Physicians, Alison Irons, and every single individual and organization advocating for better gun laws in our country. They have shaped the bill that is before the House of Commons today. Their unrelenting advocacy has led to a piece of generational legislation, which, as part of a broader strategy to tackle gun violence in this country, will make Canada a safer place for all of us to call home. A sad truth about those who are called to this kind of advocacy work is that it is often inspired by indescribable pain, which comes from surviving gun violence or losing a loved one to it.

Combined with the measures the government has already put in place, as well as our investments in communities and at the border, Bill C-21 marks the next significant step in our fight to eliminate gun violence. Bill C-21 is good news for the public safety of our communities, our institutions and our most vulnerable citizens. It would add new tools that will be used to reduce needless deaths from domestic violence and suicide.

We know that gun control is a women's issue. The Canadian Women's Foundation notes that the presence of firearms in Canadian households is the single greatest risk factor for the lethality of intimate partner violence. Access to a firearm increases the likelihood of femicide by 500%. I have heard from groups like the Lethbridge YWCA, which told me that every single woman who came to its shelter had been threatened by a partner with a firearm. They are among the nearly 2,500 women victimized in this way over the past five years. Intimate partner violence accounts for nearly 30% of all police-reported violent crime in Canada. That number has risen during the pandemic. In my riding, and across the country, local organizations like Halton Women's Place are helping to shine a brighter light on the dangers of gun violence.

Lindsay Wilson was a bright 26-year-old about to graduate from university, with the world in front of her, when her ex-boyfriend stalked her and, using his legally obtained firearm, shot and killed her. I met her mom, Alison Irons, during the study on Bill C-71. I was proud to be involved in passing that bill, which requires enhanced background checks to prevent those who have a history of violence from owning a firearm. Regulations found in that bill, which have now come into force, will help police trace illegal guns and ensure that firearms licences are verified. It makes sure that those who should not own a firearm cannot own a firearm.

Just last month, the minister asked the RCMP to do more. In the recently updated mandate letter for the commissioner of the RCMP, the RCMP has been asked to work with chief firearms officers across Canada to ensure that they can respond to calls without delay from Canadians who have safety concerns about an individual who has access to firearms, and to work with police of jurisdiction to remove firearms quickly. This change responds to concerns from physicians, survivors of intimate partner violence and victims' families.

I recently talked to Alison Irons, Lindsay's mom. She told me that the actions we have already taken, as well as those included in this bill and the RCMP commissioner's mandate letter, might very well have saved her daughter's life.

Let us talk about what those potentially life-saving changes included in Bill C-21 would do. The bill aims to prevent individuals with a prior or current restraining order from obtaining a firearms licence and would empower authorities to automatically revoke the licences of those with a new restraining order. The bill also introduces new red flag laws allowing courts to remove guns from and suspend the licences of people who pose a danger to themselves or anyone else.

Over 75% of those who die by firearms in this country die by suicide. The proposed red flag laws are one tool to stop deaths by suicide and domestic violence, adding another layer of protection that those supporting them, such as doctors, shelters and family, can use to prevent violence. Bill C-21 marks an important next step in removing guns from the hands of abusive partners.

We cannot forget that Bill C-21 is following the ban on AR-15s and other military-style assault weapons. This important decision prohibited over 1,500 models of these weapons. Since then, over 300 more have been prevented from entering the market. Our government is also committed to a mandatory buyback program to get these weapons out of our communities once and for all.

There is no one fix to ending gun violence. That is why we are undertaking the significant work to stop gun violence in all its forms.

Earlier this spring, the Minister of Public Safety officially launched the $250-million building safer communities fund, which will see an accelerated rollout over the summer. In partnership with community leaders, we are helping youth make good choices to set themselves up for lifelong success.

Investments in gang diversion and gang exiting strategies are so important because the underlying causes of gun violence are varied, complex and interrelated. We will not be able to solve gun crime through this one piece of legislation or one action. We need to take an intersectional approach that addresses poverty, inequality, systemic racism, mental illness, social isolation, substance abuse, extremist ideologies and access to affordable housing, education and health care. To confront gun violence, we must confront systemic challenges within our institutions, including within the criminal justice system. That is why I am so proud to be part of a government that is willing and eager to take on these challenges.

Taking action on gun violence means taking a number of important steps: banning military-style assault weapons, taking action at our borders, building safer communities and passing this new bill. Bill C-21 represents a milestone. It introduces a national freeze on the sale, purchase or import of handguns by individuals into Canada. We have made clear that action on handguns cannot wait.

Regulatory amendments to advance the national freeze on handguns have been tabled in both the House of Commons and in the other place. In fact, recently, at the public safety committee, with the support of the NDP and the Bloc, we attempted to fast-track those regulations, but the Conservatives said no to urgently getting handguns off our streets.

The bill recognizes the role organized crime plays in gun violence. If people are in the business of trafficking guns, they will face stiffer sentences under the Criminal Code. If people alter the magazine or the cartridge of a gun to exceed its lawful capacity, they will face new criminal charges. If people are involved in organized crime, they will face new police authorities, such as wiretapping, to stop gun crime before it happens. Furthermore, this spring's budget dedicated additional funds to the RCMP and CBSA so they can build on the record number of illegal guns seized at the border just last year. These are responsible, common-sense measures that all Canadians can get behind and in fact have gotten behind since the bill was introduced.

Cumulatively, these efforts mark the most significant efforts in a generation to end the burden of injury from gun violence. We are committed to moving forward on a strategy to prevent gun violence across our country. Bill C-21 is an important part of that strategy, and I am calling on all colleagues in the House to pass the bill quickly.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, I want to note that it seems that Bill C-21 was brought in on the back of American politics. I am wondering what the member has to say about importing American politics into Canada.

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

Madam Speaker, that could not be further from the truth. As the hon. member knows, gun control was a big issue during the last election campaign. In fact, the gun lobby chose to come to my riding twice to distribute pamphlets to try to make sure that I was not re-elected to be able to take action like that contained in Bill C-21.

To say that we are following events in the United States is simply not true. Having said that, I think it is irresponsible for any of us to think that we are immune from that kind of gun violence here in Canada.

[Marie-Hélène Gaudreau, Bloc, Laurentides—Labelle, QC]

Madam Speaker, I congratulate the parliamentary secretary on this step forward. Obviously, the Bloc Québécois will vote in favour of the bill. That said, as we have made clear for the past few weeks, we would really like to see improvements to Bill C-21 in committee.

As I said earlier, finding a solution to curb organized crime is nearly impossible. That has been documented. According to the Montreal police service, 95% of handguns used in violent crimes come from the black market.

How is it possible that with all this information we cannot improve a bill to address the whole problem instead of just part of it?

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

Madam Speaker, I look forward to working with my colleague and any amendments that may be put forward by the Bloc.

It is important, as I mentioned in my speech, to recognize one bill will not fix everything when it comes to gun crime. Certainly, we heard testimony at the Standing Committee on Public Safety and National Security about issues at Akwesasne, the ability to patrol that border and the need for financial investments in the police service at Akwesasne.

The investments we have already made with the RCMP and with the border are important, but certainly there is more we can be doing. I look forward to working with the Bloc to ensure that we do.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, I have a great amount of respect for my colleague. As she knows, the NDP supports the goal of getting military-style assault weapons off the street with a mandatory buyback of prohibited firearms. We also welcome the announcement that the government is getting serious about cracking down on gun crime.

However, we received letters and calls from hundreds of concerned airsoft owners and businesses who simply do not understand why there is to be a prohibition on the importation, exportation and sale of airsoft guns under this legislation. Maybe my colleague can share who the government, when it prepared the bill, consulted with from the airsoft industry, those who are directly impacted by this bill, and if it is going to consult with the airsoft industry?