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 Deputy Speaker, Chris d'Entremont]

Yes, I actually sent someone out there.

Just a reminder to all the folks in the chamber to tell our folks who are outside in the lobbies that when we are coming into the chamber to make sure that we try to keep our friends quiet as we check out the nice glass door that is on the front there.

We will go back to debate with the hon. member for Sturgeon River—Parkland.

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Mr. Speaker, another reason why these red and yellow flag laws are so unnecessary is because police have already been clear that they have the authority without a warrant to act immediately to seize firearms if they determine there is a risk. Canada already has red and yellow flag laws. I even read recently about a gentleman in the Ottawa area who has hunted his entire life. However, during the pandemic, sadly, his wife and a sibling died, and the mental toll caused him to check into a local hospital. While he presented no threat, his firearms were seized proactively. He had to go to court and convince a judge that he should be allowed to have them back, and the judge sided with him. Clearly, we already have yellow flag laws in existence in Canada, as this case demonstrates.

Now, it should go without saying that Canada is not the United States. While going to court to seize firearms may be necessary in the United States, it is not the case in Canada. As I said before, in Canada when there is a threat, the police have the authority to act immediately without a warrant to secure firearms. Unfortunately, these Liberals will spend more time role-playing as members of the U.S. Congress rather than addressing the distinct issues that exist here in Canada.

Finally, and what I see as the clearest demonstration of the punitive nature of Bill C-21, is the exemption for Olympic sport shooters. Groups like the International Practical Shooting Confederation, IPSC, came to committee to plead for an exemption for their sport, but they were rejected by the Liberals. There has been no evidence presented at committee that IPSC, cowboy-action shooting or any other high-level sport shooting discipline posed any risk to public safety, and yet they were treated with utter contempt by the Liberal Party.

Now, the pressure is so high in the Liberal caucus to shut down any shooting sport in Canada that they even tried to silence one of their own members at committee who expressed concerns about this heavy-handed ban. The MP for Kings—Hants raised a very good point about a constituent who competed internationally with IPSC, and through no fault of his own, his sporting firearm was lost by Air Canada. Now, because of Bill C-21, he would never be able to pursue his passion again. Even in countries like the United Kingdom, where handguns are completely banned, there are exemptions for IPSC and sport shooting.

The Liberals provided no public safety justification for this move. They have determined that their objective is to eliminate all legal handgun ownership in Canada, and they could not allow an IPSC exemption, because it would allow a small group of people to continue pursuing their passion, which brings me to the real reason Bill C-21 was created.

The Liberals can try and point to raising maximum penalties for smugglers, but this is just a fig leaf to cover the real purpose of the bill. The real purpose of the bill is the sterilization of the culture of legal sport shooting in Canada. It is well known in the firearms community that ranges are funded by dues-paying members who are required by legislation to be a range member as a condition of a restricted licence. Without any new licence-holders, the income for gun ranges will dry up, leading to the closure of almost every gun range in Canada. The prevention of any sport shooting exemption beyond Olympic-level sports ensures that only a very elite few, we are talking about maybe a couple of people, would be able to legally acquire a handgun in Canada.

I am also very concerned about the Liberals' Canadian firearms advisory committee. It appears to me that this advisory committee would not be very independent and that the Liberals have already prejudged what kinds of firearms will be banned, including many commonly used hunting rifles. The effect of this will reverberate throughout the country as firearms retailers shut down, trade shows close shop and sport shooting clubs close due to a lack of members. That is the Liberal agenda in black and white: the wholesale elimination of an entire part of our country's culture and heritage, and passions enjoyed by millions of Canadians through generations. Maybe if there were a public safety reason for all of this we could do a cost-benefit analysis, but there was no evidence provided, and there is no truth to the claims that this will improve public safety.

This legislation demonizes a group of law-abiding Canadians for the political benefit of the Liberal Party. It provides a convenient distraction from the abject failure of Liberal ideology to keep our communities safe. After all, has the country ever become safer since Bill C-71 has been implemented, or the May 2020 OIC or since the handgun freeze has come in? Has it stopped handgun violence in our streets? Absolutely not. This country has only descended further into violence and lawlessness.

NDP members had an opportunity to take a stand on the side of hunters and sport shooters and instead they sold out. They would not support Conservative amendments to ensure exemptions for sport shooters and hunters. Instead, they chose to prop up the Liberal government. The fact is, they had the support. We could have united together. I have been getting calls in my office from people who live in the riding of Edmonton Griesbach, because they cannot get through to their NDP MP to tell him how upset they are with the NDP stance on the bill.

The Conservatives will always stand up for law-abiding firearms owners. We are going to stand up against this punitive Bill C-21 legislation, which would do nothing to improve public safety in our country.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Mr. Speaker, in his discussion today, the member specifically said that this was Canada, that it was not the United States. I find this interesting because another member earlier referenced the United States and an American politician. This is not the United States. In the United States, the ownership of a firearm is a right; in Canada, it is privilege. There is a big difference between the two.

Could the member comment as to whether he believes that a privilege is the right system and the right environment to own firearms in Canada or does he believe it should be a right, like it is in the United States?

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Mr. Speaker, I believe that Canada has a robust system of firearms laws that have largely worked for generations. It is ironic because it is the Liberal Party of Canada that is intent on importing American culture war politics in our country. I cite none other than the member for Markham—Unionville, when he brought forward the amendment that the Liberals had to withdraw, who said that we needed California-style gun control laws in Canada.

I am a Canadian, I believe in Canadian solutions and I reject American solutions for Canadians.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Mr. Speaker, I listened carefully to my colleague's speech, particularly when he talked about sport shooting. I really wonder about that.

Clause 43 of Bill C-21 protects sport shooters so that they can continue to practise their hobby. The Conservatives moved Motion No. 12, which seeks to remove this clause that exempts sports shooters and protects them so they can continue to practise their hobby. I am wondering about the consistency of saying that they are not protected while removing the very clause that protects them.

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Mr. Speaker, what the government really put forward was that anyone who currently had a restricted licence, who had possession of one of these firearms, could continue to use these firearms. However, part of this legislation is that there can be no new applications, other than a very narrow exemption for Olympic sport shooters. A Liberal member talked earlier about this great Olympic exemption. I would ask that member how people could become Olympic-level kayakers if the government said they were never allowed to buy kayaks in the first place to practise.

What the government is really doing is putting a time limit on the culture of responsible firearms ownership in our country. Over a number of decades, it is going to die out and we are going to lose this important part of our culture. Therefore, it is not a protection in the least.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, I appreciated the member's work on committee. The Conservatives voted with the Bloc, the NDP and the Liberals on almost all the amendments that were brought forward in the marathon sessions last week.

I also appreciate that the member has been the first Conservative to admit that G-4 and G-46, the Liberal amendments that have been part of the Conservative talking points now for months, were actually withdrawn. I appreciate his honesty in admitting that the Conservative talking points were false.

I get calls from Alberta. These are constituents in Alberta ridings who cannot reach their Alberta Conservative MP at all, so they contact me in British Columbia. One of the concerns they raise is about criminal activity and ghost guns. The reality is that Bill C-21 deals with ghost guns in a substantive way.

The member was talking about cracking down on criminals. Criminals use ghost guns. Law enforcement needs this legislation. Why did the Conservatives filibuster it for weeks and weeks?

[Dane Lloyd, Conservative, Sturgeon River—Parkland, AB]

Mr. Speaker, the New Democrats were quite thankful for the filibuster back in December when they were still deciding what stand they were going to take in support of our hunters and sport shooters. They had no idea which way they were going to swing on this issue, and I was thanked by them at the time. They thanked me for giving them time so they could take it back to their caucus and figure out what they were doing on this. The Conservative Party says they are welcome, that it gives them the extra time so they could finally find the right path forward.

As for the withdrawn G-4 and G-46 amendments, the government is introducing a backdoor mechanism so it can achieve the very same ends, and the NDP supported it on that. I fear that the firearms advisory committee is not going to be an independent committee. I believe the government has already prejudged what kinds of firearms it is going to ban and it is just putting forward this front group so it can do the dirty work for the government.

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

Mr. Speaker, I want to begin by thanking all the firefighters in Alberta. I want to also thank all the communities that have stepped up.

There are fires across northern Alberta. Many communities that I represent are dealing with fires or they are dealing with the evacuees. They have opened their homes and evacuation shelters. They have opened up spaces for pets, horses and livestock from across the area. I want to recognize the Alberta spirit in that. When neighbours are in trouble, other neighbours step up, help out and do whatever is needed.

Members of the legion in Fox Creek have stepped up to feed all the firefighters and first responders, and I thank them for doing that.

I want to thank the Alberta government for being at the ready in the midst of an election to help fight the fires. I want to thank all the Canadian Armed Forces members who are on the ground, doing good work in Alberta and doing all the things necessary to fight these fires.

Like you, Mr. Speaker, I am praying for rain and for the growth of the new grass so we can get out of this fire season and get on with seeding and getting this year's crop in the ground. I note that in most places it is going fairly well, but the fires are definitely putting a damper on it.

My heart goes out to all those families that have lost property, lost their life's work with respect to building up a place, or an acreage or a farm. In some cases, businesses have been lost due to the fire.

I also want to recognize the wildlife officers who are doing yeoman's work in managing the wildlife that is being chased around by these fires as well. Some interesting things have happened with that as well.

My thoughts and prayers are with all those who are dealing with the fires in northern Alberta at the moment, including some of my family members who are on the firefighting crews.

That brings me to the bill at hand, Bill C-21. I do not think there can be any more stark difference with the way the parties have dealt with the bill in the House of Commons. The Conservatives are the only party that stands up for law-abiding firearms owners in our country. The Liberals are fundamentally opposed to firearm ownership. They have basically said that out loud.

We have said that the firearms of hunters and sport shooters must be protected. It is the right of Canadians and it is a big part of our Canadian heritage to own and use firearms. We have been concerned that the Liberals are targeting law-abiding firearms owners, wanting to take away their firearms.

Fundamentally I think Liberals are just opposed to firearm ownership across the board. This goes against all our Canadian heritage and history. We have enjoyed firearm ownership for the entire history of our country. We are not the wild west and we are not the United States. Canada has always had a good regime of firearm ownership.

The House resumed consideration of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), as reported (with amendments) from the committee, and of the motions in Group No. 1.

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

Mr. Speaker, I am happy to rise again to continue speaking to Bill C-21.

I mentioned before that I do not think there could be any more stark a contrast between Conservatives and all the other parties in the House, as Conservatives are the only ones who will defend the rights of law-abiding firearm owners in this country. I said earlier, and I have said many times in this debate about Bill C-21, that Liberals and the members of all the other parties seem dedicated to eliminating firearm ownership in this country by one small cut after another, particularly hunting rifles.

We have been saying that the Liberals have been going after Canadians' hunting rifles, which the Liberals have adamantly denied. Then, just before Christmas, when nobody was working and nobody was watching, the Liberals introduced an amendment to Bill C-21 that would have, in fact, banned many hunting rifles in Canada.

The Liberals were caught with that, so they repealed, or pulled back, that amendment. It is no longer a part of this bill. The Liberals have been quick to point that out, but we know that their true intention is to ensure that firearm ownership is onerous, if not outright illegal over time, in Canada. I must say this more often: Only Conservatives will stand up for the rights of law-abiding firearms owners in Canada.

It was fascinating to watch the NDP members do somersaults on this particular bill. Initially, the New Democrats were supportive of the amendment, and then they were not supportive of the amendment. It took them some time to come to this position, so we are happy to see that they came to, saying that they did not support that amendment, but here we are.

Again, members might be wondering what the major difference between Conservatives and Liberals is when it comes to this particular bill. It goes back to the idea of right and wrong, good and evil, and the fact that Conservatives believe that good and evil live inside of everyone. The line between good and evil cuts through the heart of humankind. It is not instruments that are inherently evil, but it is the actions or thoughts of humanity that can be evil. That is what we need to deal with in this.

We have seen that the Liberals, time and again, every time there is a tragedy that involves firearms in this country, right away want to ban firearms, yet when it comes to treating hardened or violent criminals in this country, they introduce bills, such as Bill C-75, that reverse the onus on bail, let violent criminals out of jail quicker and reduce minimum sentences. They talk about maximum sentences, but one of the things we need in this country are minimum sentences, where people who do the crime would go to jail for a minimum amount of time. Over and over again, we have seen the government remove those minimum sentences, and some of those minimum sentences were brought in by previous Liberal governments in the 1990s. The Chrétien Liberals brought in these minimum sentences. It is only now that the current Liberal government removed them with Bill C-75.

We see that there is a misunderstanding of where evil comes from. Evil does not come from instruments. It does not come from inanimate objects. It comes from human beings who enact evil. The Christian world view talks about sin and that there is a missing of the mark, a right way to live and a wrong way to live. That is what we are living with when it comes to violent criminals who are using firearms in terrible ways.

Firearms have been in long-standing use in Canada. I have to say that they are a big part of our history and a big part of our heritage. Firearm ownership ought to continue to be available to Canadians across the country. I am excited to pass that heritage on to my own children.

Bill C-21 would do nothing to enhance public safety here in Canada, as Canada has some of the most well-regulated firearms—

[The Assistant Deputy Speaker, Carol Hughes]

The hon. member for Avalon is rising on a point of order.

[Ken McDonald, Liberal, Avalon, NL]

Madam Speaker, this may be a point of clarification versus a point of order.

The member started his speech before question period, and he was told he could finish after question period and the votes were over. However, he started in one seat, and now he has moved somewhere else in the chamber. Is that permitted, or should he have stayed in the seat he was in?

[The Assistant Deputy Speaker, Carol Hughes]

As the hon. member is likely aware, because we are in a hybrid sitting, it does not matter where members sit.

The hon. member for Peace River—Westlock.

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

Madam Speaker, Bill C-21 is a terrible bill that would do nothing to enhance public safety in this country. It is a confiscation of legal firearms that have been owned for generations in this country.

Firearm ownership is a heritage and a tradition that I am hoping to pass on to my children. I am excited to pass it on to my children. I know that they will be law-abiding and responsible firearms owners. I hope that tradition of firearms ownership would be something that is part of our Canadian heritage and part of the Canadian identity going forward.