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

Sponsor

Marco Mendicino  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.

Similar bills

C-21 (43rd Parliament, 2nd session) An Act to amend certain Acts and to make certain consequential amendments (firearms)

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-21s:

C-21 (2016) Law An Act to amend the Customs Act
C-21 (2014) Law Red Tape Reduction Act
C-21 (2011) Political Loans Accountability Act
C-21 (2010) Law Standing up for Victims of White Collar Crime Act
C-21 (2009) Law Appropriation Act No. 5, 2008-2009

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)

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:40 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, on a point of order, we have Bill C-5 before us, which deals with minimum sentences. We have Bill C-21, which deals with guns. Now the member is going over some statistics. I realize there is a great deal of latitude. I am just pointing out that she might want to save parts of her speech for other pieces of legislation that are more—

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 3:55 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I am happy to join my voice to the debate on Bill C-20, an act to establish the public complaints and review commission. This commission would replace the current Civilian Review and Complaints Commission for the RCMP. It is more than just a change of name. There is also change of provisions.

The commission would have an expanded role to also receive and deal with complaints on the activities of the Canada Border Services Agency, or the CBSA. This hits home to my home community of Langley because my community has the RCMP as its police force and is a border community, with a border crossing between the Canadian town of Aldergrove and the American town of Lynden.

Many people in my community have friends and relatives in Washington state. I am one of them. Four of my grandchildren live in Lynden, Washington, which is just a 45-minute drive from my home in Langley, not counting the time we might need to wait at the border, which is sometimes a long time and sometimes very short.

In the hundreds of times I have crossed the border from Aldergrove into Lynden, I have never had a bad interaction with anybody from the CBSA. I can say the same of the RCMP, not that I have had that many interactions with members of the RCMP, but any that I have had have always been good and positive. I have the highest regard for people who work for both agencies.

Our police officers and border security guards are at the front line of public safety and we owe them a debt of gratitude. I think of Burnaby RCMP Constable Shaelyn Yang, who was stabbed to death on October 18, just over a month ago, trying to save a homeless man's life. Constable Yang was attending at a city park along with a bylaw officer from the City of Burnaby to serve an eviction notice on a person who was camped in a public park. On approaching the scene, Constable Yang noticed there was evidence of the man overdosing. She entered into the tent with a naloxone kit. She did not come out alive.

I did not know Constable Yang at all, but I know people who did know her, who worked with her, who trained with her and who loved her. Her death is a reminder to her colleagues, and indeed to all of us, that working on the front line, whether it is with the RCMP or other police services in Canada, is dangerous work. To all police officers and other frontline workers, I thank them for their service to their communities. We owe them a debt of gratitude. We are grateful for their service.

It is in this context that I now want to join the conversation about complaints against the RCMP. During my time on the Standing Committee on Public Safety and National Security, I have heard from many witnesses about the failings of the RCMP and other police services across the country.

Last year we studied alleged systemic racism in the RCMP. It was an exhaustive study. It was an exhausting study. There were 19 meetings. We heard from 53 witnesses. The study resulted in a report of 125 pages and 42 recommendations. We heard from community organizations providing services to or advocating for indigenous communities. We heard from academics working in the fields of law, law enforcement and social services. We heard from people working with people suffering mental health and addictions. As well, of course, we heard from representatives of various police services.

Whether there is racism in policing in Canada was the question we were tasked with. The first job, as always, is to define our terms. One of our witnesses, Alain Babineau, a law enforcement consultant, social justice advocate and former member of the RCMP gave us a working definition. Quoting Senator Sinclair, he said, “Systemic racism is when the system itself is based upon and founded upon racist beliefs and philosophies and thinking and has put in place policies and practices that literally force even the non-racists to act in a racist way.”

I have met many police officers. I have a family member who is a RCMP police officer. I went to law school with several former RCMP officers who then went on to become lawyers and with whom I have formed lifelong friendships. I have colleagues who have had full careers in law enforcement prior to coming to the House. I attend church with several people who are RCMP officers, and I can assure the members that not one of them is racist. They are all honest, hard-working people and law-abiding citizens who have, at heart, nothing but the best interests for their communities, neighbours and country.

Our report at the public safety committee was not about whether individuals within the RCMP are racist. The evidence is clear that we do have societal problems. It is not a problem of just the RCMP, the CBSA or the Vancouver Police Department. The problem is in our society.

When we think about racism, we might be tempted to point fingers at others, at the fathers of Confederation and at residential schools and say it was not us. We may think about our ancestors' role in slavery and say it was not us. We were not there.

A little closer to home, we might talk about the Chinese head tax and say it was before our time. Even a little closer to home, in Vancouver, we might think about the Komagata Maru incident, when law enforcement agencies turned a ship around and sent it back to India.

To make it current, we could point the finger at the RCMP, but finger pointing is not going to get us anywhere. It is certainly not going to help us find solutions to racism. We recognize that we are all part of society. We are all a product of our shared history. We are all in the same boat, so to speak, but the good news is that we are all also part of the solution.

It is in that context that I hope people would read the report from the public safety committee, and I hope they do read it. The report is simply called “Systemic Racism in Policing in Canada”.

Here we are today, talking about Bill C-20, an act to establish the public complaints and review commission. This draft of legislation is backed up by the report that I just talked about, that our public safety committee tackled last year.

I mentioned that the report contains 42 recommendations. Five of those 42 deal with what we call, under the current legislation, the Civilian Review and Complaints Commission. Evidence we heard at committee made it clear that we have a problem. The current review and complaints structure is dysfunctional, and it needs to be fixed.

Witnesses raised concerns about the transparency of the disciplinary process from the RCMP. For example, we heard from Professor Christian Leuprecht of the Royal Military College. He suggested that the RCMP should be required to make public all disciplinary decisions. That goes to transparency.

Professor Samuels-Wortley of Carleton University pointed out that transparency is required in the disciplinary processes for police who engage in misconduct to ensure public confidence in the system. We want to know what is going on.

Alain Babineau and the hon. Michel Bastarache suggested that the RCMP does not appear to be capable of addressing discrimination within the organization itself, suggesting that change must come from the outside.

All of this evidence, presented to the public safety committee, brought us to 42 recommendations. I am going to highlight just three of them.

The first recommendation was that the Government of Canada should clarify and strengthen the mandate of the Civilian Review and Complaints Commission, or the public complaints commission. We were not contemplating then that the whole commission would be revamped and given a new name, but so be it.

This would include creating statutory timelines for a response by the RCMP commissioner to reports coming from the commission and requiring that the commission publish its findings and recommendations. It all goes to transparency.

The second recommendation was that the Government of Canada should increase accessibility and transparency by simplifying the process for initiating a complaint. The third recommendation was to allow for a meaningful engagement of indigenous participation in the complaints commission. Let us not forget that the study was about whether there was racism in the RCMP.

Can Bill C-20, the legislation we are talking about, answer those challenges? The answer is, in large part, yes. The legislation creating the new PCRC, the public complaints and review commission, which in many ways mirrors the existing commission, would require the establishing of timelines for dealing with complaints. That was one of the concerns we heard at committee.

It would also require implementing education and information programs so the public can better understand the process, something else we heard complaints about at committee.

It outlines how complaints would be submitted, investigated and reviewed, and that there would be an annual report to the minister, who would then submit it to Parliament. That report is to include information about whether service standards are being met, the number of complaints and data about the complaints, so we can develop policy based on good, reliable data.

There are a lot of details in the bill also about what information the commission might encounter that would be treated confidentially to protect complainants and for security purposes.

There is information about the hearing process and the powers the commission will have, the powers of the superior court of record, including the power and ability to be able to subpoena witnesses and order them to give evidence. The commission will also have the ability to recommend disciplinary action, but not to carry it out.

The legislation appears to be straightforward at achieving its objectives. We will be supporting this draft bill at second reading, and I look forward to a deep dive at committee into its details, and to listen to experts.

When we are talking about police oversight, which is the police policing themselves, and border staff oversight when possible discipline might happen, we need to ask the question whether these agencies are properly resourced to do their work. We know that police services across the country are facing a recruitment and retention crisis, like almost every sector in our economy. We have a shortage of new people coming into the police services at the same time that older people are leaving, and all at the same time that we are demanding more from our police services.

Police recruitment is down and crime is up. There has been a 32% increase in violent crimes since 2015, when the current Liberal government took office. There were 125,000 more violent crimes last year than there were in 2015. Therefore, crimes rates are going up, and we are expecting more from our police services. We need to make sure they are fully resourced.

We have similar statistics for the CBSA. There is a shortage of workers. People are retiring, with not enough people coming in, and there is a higher demand with respect to their work.

Another study we recently completed at the public safety committee was about guns and gangs. We learned that most firearms used in violent crimes in Canada are handguns smuggled in from the United States. One of our witnesses stated the obvious. We live beside the largest gun-manufacturing society in the world, and we share the longest undefended border with it. This presents a big challenge for us, and we expect a lot from our CBSA to intercept the guns that are being smuggled into our country. It is not an easy problem to solve.

I know we are talking about Bill C-20, but I want to make a quick reference to Bill C-21. Bill C-21, which would make owning a handgun in Canada illegal, or more illegal than it already is, is not going to solve the problem because the people who are committing violent crimes are already illegal gun owners, to state the obvious, so C-21 does not add much value. It certainly does not keep Canadians any safer. It just further stigmatizes legal gun owners and trained and licensed sport shooters who are good and honest citizens.

Bill C-21 does not help our neighbours, but that is for another day. Today we are talking about Bill C-20, the public complaints and review commission.

Our report on guns and gang violence recommended that funding for the CBSA be increased. If we are going to enhance a complaints review process for our workers, it is only fair that we make sure they are properly resourced so they can do their jobs properly. Let us also make sure they are adequately resourced with both people and money, so they can do the work effectively.

We expect a lot from our border security people. They should expect to receive the full complement of a workforce, financial resources and tools to do their job effectively.

I want to take the opportunity to say thanks to CBSA workers, including many who live in my riding of Langley. We live on a border. There are several land border crossings, and I have a lot of friends who work in one or other of those border crossings.

I want to talk about something else that touches on the police. Our safety committee met with Mr. Justice Bastarache, formerly of the Supreme Court of Canada. He presented his report to us a couple of years ago in the 43rd Parliament, entitled “Broken Lives, Broken Dreams”. This retired judge was tasked with the unenviable task of distributing and disbursing court-awarded money under the so-called Merlo Davidson Settlement Agreement to victims of sexual harassment within the RCMP. Merlo and Davidson were the two named plaintiffs in that case.

The judge's report is a stinging rebuke of a culture of sexual harassment within the RCMP. It starts with these words:

For more than 30 years there have been calls to fix sexual harassment in the RCMP.

The report then goes on to talk about the 3,086 claims over that 30-year period. He and his staff conducted 644 interviews with victims. At the end of all his work, they awarded some compensation to 2,034 victims. It is widespread. It is not a good situation.

As I read through the report, I wondered whether my pride in our national police force was misplaced. In our discussion with Mr. Justice Bastarache at committee, I related a story from my childhood, when my parents took me and my siblings to the RCMP Musical Ride. My parents were new immigrants from the Netherlands, and they told us that one of the things they were very proud of about their new country was that we could be proud of our police force, something that is not true, sadly, for every nation in the world.

Mr. Justice Bastarache told me that in his opinion it was still appropriate for us to be proud of our RCMP service. It has a proud history and it is redeemable, but in his opinion it would require outside resources, outside influences, because the RCMP could not reform itself.

I will be voting in favour of Bill C-20 at second reading, for it to go to committee for a deep dive, a line-by-line review. There, I will be looking not only for how the RCMP interacts with the public, who expect the police to keep them safe and to do no harm, but also for how this legislation would steer us towards improving the internal culture of this agency, the RCMP, that we all want to be proud of.

Public SafetyOral Questions

November 22nd, 2022 / 3 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, for the first time in Canadian history, we have repealed certain mandatory minimum sentences. This means that we are turning the page on the failures of the Conservative Party and its failed tough-on-crime policies.

As my colleague just mentioned, today we are beginning clause-by-clause consideration of Bill C-21, which will help tackle the problem of handguns and assault weapons in Canada. We need to put resources towards that in order to fight crime in Canada.

Public SafetyOral Questions

November 22nd, 2022 / 3 p.m.


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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, the timing of that question could not be better because this afternoon we are starting clause-by-clause consideration of Bill C-21, which would be transformational legislation when it comes to gun control in this country.

However, that is not all we are doing. We are also ensuring that communities have the resources they need to support young people from starting involvement with gangs. We have put a billion dollars into the border to make sure that we are bolstering our border to prevent guns from being smuggled. We know that we need a multi-faceted approach, and that is exactly what we are doing.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 12:35 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. Today, we are here debating Bill C-20, an act that would establish the public complaints and review commission and amend certain acts and statutory instruments.

First, I want to recognize a first-year law student at Thompson Rivers University where I used to teach. I want to thank Najib Rahall, who is about to start contracts class, which I appreciate. He is now in Hansard. I thank him for turning in my wallet this weekend. He is taught by my friends Professor Craig Jones, K.C. and Professor Dr. Ryan Gauthier. I am sure he is also getting a first-class education.

I also want to recognize somebody else who is a constituent. He was also a colleague at the bar and at my work, maybe even taking my position as a Crown prosecutor. I want to recognize my friend, Anthony Varesi, on his new book on Bob Dylan. It is his second book. He wrote the first one in law school. I am not sure how he did that.

On the matter at hand, it seems the Liberals have been discussing this issue well before I arrived at Parliament. From what I can see, this matter has been discussed for about seven years. The bill was first tabled in the 42nd Parliament and died in the Senate. It was then tabled again during the 43rd Parliament. We all know what happened at that point. Despite Canadians clearly signalling they did not want to go to the polls and despite the fact there was a lot of work to be done, the Prime Minister coveted majority government and, with all candour, let that get in the way of the work of the House.

Having been here for a year, I am still learning, but what I can see is that there is a lot of work to be done. The work on this bill in the 43rd Parliament was interrupted by what amounted to a small seat change in hopes that the Prime Minister would get what he wanted. He was ultimately denied that, but there was a seat shuffle, and I am proud to stand here on behalf of the people of Kamloops—Thompson—Cariboo as part of that seat shuffle.

Now we have this bill tabled a year into the government's mandate. As I was preparing for this speech, I reflected on why it took the government a year to do this. The election was about 14 months ago. I am wondering whether this was a priority. In fact, I asked my Bloc colleague a question about this. This is an important matter to discuss.

Canada has what amounts to the longest undefended border in the world. I have had countless interactions with the RCMP and with CBSA officials, some of them in my personal capacity and others in my professional capacity. These interactions likely number into the hundreds, and all but one have generally been cordial or favourable professional interactions. That is why we are here, because not all interactions and not all things go as they should both personally and professionally.

I will take a moment to recognize the work of peace officers, civilian members and staff with the CBSA and with the RCMP. In my riding, there are detachments with the RCMP, like Clinton, 100 Mile House, Clearwater and Barriere. There are three detachments also in Kamloops, being Kamloops City, Tk'emlups rural, which is situated on the traditional land of the Tk’emlups te Secwepemc, and Kamloops traffic. All of these detachments cover 38,000 square kilometres of Kamloops—Thompson—Cariboo. I am grateful for the sacrifices of those who put on the uniform to keep us safe, with their backup officers often being an hour away through staffing or resource difficulties. They are there to keep people safe whenever they are in that area. These members see terrible things.

I was speaking to a bill I authored, Bill C-291, last week. I authored the bill and it was sponsored by the member for North Okanagan—Shuswap, and I thank him again for doing so. The bill proposes to change the definition of “child pornography” to “child sexual abuse material”, because what is occurring is not pornography, it is sexual abuse, and we should be calling it what it is.

One of the things I pointed out was that police doing this job were often at a constable level and they were reviewing horrendous images, images of unspeakable horrors. Usually, in my prior work, I did not have to view this sort of evidence, but police officers did, and they are not paid enough to do so, frankly, given the work they do. I thank them for that.

Let us face it, most peace officers, people and frontline workers doing the job just want to make it home. They do not want to hurt anybody. A lot of police officers I know would love to go through a shift without having to arrest anybody. That is often not something most police officers do. At the end of the day, people in the RCMP and CBSA have a mandate to keep us safe. They are expected to do more with less resources. While this is not always fair, it is the reality of our situation.

When it comes to our frontline officers and workers, we expect leadership. We expect them to engage professionally, to do their jobs, to be equipped and to be professional in all that they do. I wish I could see the same from the RCMP commissioner at this time. It seems to me that the commissioner is not always modelling that professionalism, being vulnerable to inappropriate influence from the former Minister of Public Safety. It is ironic that Bill C-20 talks about the overseeing of frontline officers, mainly constables, but I question whether senior Mounties or, in this case, the senior Mountie is herself immune from the oversight that is required.

I point to what the member for Kildonan—St. Paul said in committee in questioning the minister. I will do my best to paraphrase her, because I cannot be nearly as eloquent as the member. She noted that the commissioner was either influenced by the government or completely bungled the investigation into the mass shootings in Nova Scotia, a terrible incident, She asked why she had not been fired. This is the professionalism, oversight and leadership that Canadians want.

At the end of the day, we are here to talk about who oversees the overseers. This came up when we were debating Bill C-9 at committee in the past week or two. That bill proposes changes to the Judges Act that are long overdue.

Before I came to Parliament, I was unaware that there was no independent oversight for CBSA. Let us not forget that these are frontline peace officers. Oftentimes and typically, they will be people's first human point of contact once they get off the plane or at a land or sea border crossing. The provisions would require the RCMP commissioner and the CBSA president to respond to interim reports, reviews and recommendations within legislative timelines. This is quite important because we require, in my view, a consideration of some measure of independent oversight.

Most people here know that I come from a legal background. In my world view, the rule of law is obviously sacrosanct. Sometimes, we can have heated debates in this place, as we should, about how that should manifest itself. We may agree to disagree, but at the end of the day I think we can all agree that the rule of law is important. In fact, it is written into the preamble of the Charter of Rights and Freedoms.

In the courts, the rule of law is maintained in two ways, typically through an appellate function but also through ethical guidelines, for instance, the ethical guidelines that are being revised in Bill C-9. The overseers are overseen on legal matters by these two mechanisms.

The one question I do have when it comes to Bill C-20, and this came up in Bill C-9, is the question of consultations. I believe my colleague for the NDP raised this. I am not sure what, if any, consultations were done, but this obviously needs be explored at committee, if the legislation successfully passes on second reading. Let us face it that governments of all stripes often fail on these issues. We have seen it on the extreme intoxication bill. I call on the government to make this a priority.

CBSA has extraordinary powers, detention, arrest and search. These are sweeping powers where charter rights are often diminished. This bill would replace the existing Civilian Review and Complaints Commission for the RCMP with the complaints and review commission.

Let us examine the backdrop in which peace officers within the RCMP and CBSA are expected to do their job. It is important to evaluate that backdrop as we consider the independent oversight for peace officers doing their job.

My constituents frequently complain to me about what they have termed, and others have termed, catch and release. I hear about this from police officers from across the country. This is why I put forward Bill C-274, because our bail system must be reformed.

I have compassion for police officers doing their job and arresting the same person again and again, only to know that this person will be released shortly.

The government, though it is dealing with the oversight issue in Bill C-20, has not addressed key bail decisions in the last few years, which has led to a catch-and-release system. It is in the interest of all Canadians that the government do so.

There has been a 32% increase in violent crime since 2015. This is not lost on this side of the House. We have Bill C-5 and Bill C-21. The word “victim” is not in either piece of legislation.

It saddens me to say, and I am surprised to be saying this, that drive-by shootings can now result in a community-based sentence. That does not feel right in my heart, but, more important, from a legal perspective, it is not logical.

The Regina v. Nur decision struck down mandatory minimums for section 95 of the Criminal Code, possessing a restricted firearm with readily available ammunition, in this case a handgun. In that instance, the Supreme Court of Canada said that the appropriate sentence, as I recall, would be 40 months in jail.

That is what it said the appropriate sentence would be for a relatively young man. I believe the accused in that case was 19 or 20 years old. We are here debating, not long after Nur was struck down, whether that should actually result in a jail sentence when our highest court, which has frequently struck down these cases, said that this should have been 40 months in jail.

On the one hand, we have Conservatives who have often advocated for mandatory minimums. It was the Harper government that passed many of the mandatory minimums. On the other hand, we have, across the aisle, people who say that there should be no mandatory minimums.

I would advocate for a middle-ground approach, one that has mandatory minimums that operate in a constitutionally compliant manner. I have stated this to the Minister of Justice, that this is the appropriate middle ground. Unfortunately, he did not heed my exhortation to do so.

Police and CBSA officials are operating within an environment that has 124,000 more violent crimes than last year. This would make up almost my whole riding. Canadians are tired of this. Also, there were 789 homicides in Canada last year and 611 in 2015, which is a 29% increase.

Police and CBSA are in situations in which gun crime is a concern. I recall reading in the news a couple of years ago about a shooting of a teenager who was innocently driving with his parents. There was a person in my riding, a case of mistaken identity, who was shot down at a hotel. This is the situation our police are operating within. These were sons, brothers and friends.

There has been a 92% increase in gang-related homicides since 2015, yet when we come to the House to debate legislation on public safety, the debate is whether or not to relax these types of penalties rather than make them more stringent so that gang-related homicides would ultimately go down rather than up.

If members ask anyone in the system, I anticipate they will tell them that organized crime is so difficult to investigate. That is why they call it “organized”. There is intimidation, often a layer of distancing, money and organization.

If I were a police officer or a CBSA officer, I would be concerned with the proliferation of firearms. I remember one of the first cases I dealt with which involved now staff sergeant Kelly Butler, one of the best police officers I have encountered. She pulled a vehicle over and what was revealed inside the driver's jacket was a loaded sawed-off shotgun. I remember holding that firearm when it was in evidence. The firearm was illegal. The stock and the barrel had been cut off, so it was probably about 10 to 12 inches long. That is the environment our peace officers and CBSA officers are operating within.

Our border is porous, and there is a concern of what to do about it. The public safety minister has earmarked, as I recall, $5 billion to target law-abiding gun owners who are not accounting for crimes. Bill C-5 and Bill C-21 will be targeting that. Where could $5 billion be spent when it comes to our border and enforcement of illegal guns? I ask that question rhetorically because I have some pretty good ideas.

There has been a 61% increase in reporting sexual assaults since 2015. I have two bills on sexual offences. We obviously had the #MeToo movement in that time, which is always important. My wife was telling me that she saw a sign recently that said, “No means no”, but we have to go one step further and say, “Only yes means yes”. Only consent itself is consent.

To conclude, this proposed act would create an obligation for the RCMP commissioner and CBSA president to submit an annual report to the Minister of Public Safety. The report would inform the minister of actions that the RCMP and CBSA have taken within the year to respond to recommendations from the chairperson.

This is great, but one thing I learned in my first year in Parliament, while sitting on the veterans affairs committee is that, just because a recommendation is made, does not mean it will be acted upon. My hope is that, when these recommendations are made, they will actually be acted upon, otherwise they are worth nothing more than the piece of paper they are written upon. It is easy to use words, and we have frequently said that, but I call on the government to act.

JusticeOral Questions

November 21st, 2022 / 3 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I would invite the hon. member to read Bill C-21, which is our attack on gun crime, in which we increased the maximum penalties for very serious gun offences.

Another important part of Bill C-5 is the reintroduction of the possibility of conditional sentence orders, which allow our judges, based on the person in front of them, to fashion a punishment that fits the crime. Again, it concentrates our valuable judicial resources on serious crimes. It is a direction that even Justice Michael Moldaver has exhorted us to do, because that is what the system—

Strengthening Environmental Protection for a Healthier Canada ActGovernment Orders

October 31st, 2022 / 4 p.m.


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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, today we are talking about Bill S-5, an act to amend the Canadian Environmental Protection Act and other legislation.

This initiative is welcomed because the Canadian Environmental Protection Act has not been updated since 1999, and much has happened since then. I do not want to overstate the significance of what is going on here. This draft bill streamlines a program that is already in place and has been working effectively for many years. This is more about the administration of a program than bold, new ideas about the environment.

I want to talk about a couple positive things with this draft legislation. The preamble of the Canadian Environmental Protection Act would read, “every individual in Canada has a right to a healthy environment”. The preamble of the legislation would also recognize, “the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples”.

We have no arguments with these broad, aspirational statements, but that is what they are. They are broad, aspirational statements. There is nothing in the bill that gives substance to these statements. In fact, we are going to have to wait two years to see the government's implementation framework to see what the government considers to be a healthy environment.

This is typical Liberal Party virtue signalling. It is devoid of substance. This is what Canadians have learned to expect of the Liberal Party: lofty words with little substance.

Another positive thing in this bill is that the government listened to stakeholders, and that is always welcomed. There were experts were familiar with the benefits and risks of chemicals used in the everyday life of Canadians. Toxic substances need to be used in a safe manner, and we need to listen to experts. Bill S-5 preserves the risk-based approach to chemical management as opposed to the hazard-based approach. My understanding of the distinction is that the preferred risk-based approach focuses on actual outcomes. It does a risk-benefit analysis.

Clearly, not all hazards can be removed out of our lives, but they can be managed, and that is what this bill does. That is a good thing, and we accept that. The bill also continues the tradition of being fact-based and evidence-based. We need to follow the science, use a precautionary principle, and make decisions based on the best evidence available at the time. Generally, we accept these principles. All government decisions should be based on facts, not on ideology. Unfortunately, the Liberal government has a fairly poor record.

For example, if we take Bill C-21, which is the bill that would ban all handguns in Canada, that bill is being studied at the public safety committee right now. The public safety committee has just finished a study on reducing gun and gang violence in Canada. We heard from more than 40 witnesses who are experts in the field, and not one of them said that the problem was handguns owned by lawful gun owners.

As a matter of fact, what we were told was that the vast majority of guns and firearms used in crime in Canada were smuggled in from the United States of America. The U.S. is the largest gun manufacturing economy in the world, with whom we share the largest undefended border with in the world. Admittedly, this creates a big problem for Canadians, but taking the frustrations out on lawful gun owners is not the solution to this problem.

Wanting to stay positive, I am now going to turn to the Conservative Party's record on the environment. It is well known that Canada's most successful pro-environmental prime minister was the Conservative, Brian Mulroney. In the 1980s, acid rain was a big problem in both Canada and the U.S. Our great lakes were dying off. The environment was suffering. Fish stocks were in decline.

Mr. Mulroney claims that his biggest and proudest achievement was the Canada-U.S. air quality agreement, which finally broke the back of acid rain. This achievement was not about virtue signalling. It was about achieving real, measurable results. It took real effort. It took co-operation with our neighbours. It took political will and stamina. It took the common-sense approach that Conservatives prefer.

We understand that global climate change is in fact global. We need to work with our allies, our trading partners and all peoples on this planet, as we did with the acid rain agreement.

Take plastics, for example. With the amendments to the Canadian Environmental Protection Act in the bill we are talking about today, plastic manufactured items would be listed as toxic. We knew this was coming, and here is what our Conservative Party campaign platform from last year contained: “To meaningfully contribute to tackling ocean plastic, we must recognize that plastic is a global problem”. Further on, our platform said, “The current government’s approach has been heavy on slogans but light on action. Declaring plastics ‘toxic’ isn’t helping our environment but is driving jobs out of Canada.” Again, this is common sense, not the flash and bang that we learned in a high school drama class. Let us get down and do the work.

The same goes for the Liberal Party's carbon tax, which ignores the international threats to our global environment. The Liberals want Canada to produce less carbon, so their solutions is to leave our natural resources in the ground and let other countries rack up carbon debits, to produce less natural gas and let Russia fill the void in Europe and to produce less oil and make Saudi Arabia and Venezuela happy.

It would be one thing if the Liberals' version of a price on pollution actually had the desired effect, but despite a lot of pious talk on emission reductions, Canada is falling further behind. Now the Liberals are going to triple the carbon tax. How high does it have to go before we will actually start to see our emissions come down? Maybe in a few years' time we are going to see what effect the tripling had. Maybe it is going to have to be tripled again after that. Canada is a big and cold country. We are going to consume energy just to survive and operate.

More and more people, admittedly, live in urban ridings and can take public transit, like those in my riding of Langley—Aldergrove, where I am very happy to say the squeaky wheel got the grease and we got a commitment that the SkyTrain will come to Langley. However, many people living in rural areas simply do not have that choice. Ask a family in rural B.C. if they will pull their kids out of hockey because the price of gas is too high. Of course they will not. They will take the pickup truck, see the price at the pumps and be reminded why they are so irritated by the federal government. Then they will drive the 100 kilometres to a hockey tournament. This is what we do. This is how we live.

I want to end on a positive note. I will be supporting this draft bill, not because I support the government's failed environmental program but because the bill would streamline the administration of an important part of the federal government's work, namely the management of risks and hazards in our natural environment. We all want a healthy environment, and the Conservatives like the idea of things being managed in the most efficient way possible. This modest bill is a step in the right direction.

Public SafetyOral Questions

October 24th, 2022 / 2:40 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

Mr. Speaker, that is why we will continue to invest to stop illegal gun traffickers. That is why I was in Montreal this past summer to announce a $40-million transfer to put towards creating a prevention strategy to end gang violence on the street.

We will work with the Bloc Québécois to get Bill C-21 passed, because it is necessary.

Public SafetyOral Questions

October 24th, 2022 / 2:35 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

Mr. Speaker, we have a plan to address the problem at the border. Our Bill C‑21 increases penalties for criminals and gives law enforcement new tools. We will also work with the Province of Quebec by transferring federal funds.

Finally, we have a very good partnership with the United States to disrupt criminal networks and stop illegal gun traffickers.

Public SafetyOral Questions

October 24th, 2022 / 2:35 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

Mr. Speaker, I am very proud of this government's work and the announcement last Friday that, for the first time, a national handgun freeze is being introduced. This is a very good thing and a significant step in the right direction.

I want to thank my colleague for her co‑operation on Bill C-21. As for borders, we will continue to invest in adding resources to stop illegal weapons trafficking.

JusticeOral Questions

October 20th, 2022 / 2:50 p.m.


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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, we have been serious about protecting Canadians since we got elected. Our number one priority is to keep Canadians safe, and that is why we have introduced common sense firearms legislation, such Bill C-71 and Bill C-21, which is at committee right now. These would keep Canadians safe. These measures are supported by Canadians, and we hope that the hon. members across the way will support us in this legislation.

JusticeOral Questions

October 17th, 2022 / 2:55 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, the safety of Canadians is our number one priority. We support victims, and we are working with them precisely to make the system safer. With Bill C-21, we are increasing penalties for crimes related to gang activity and gun smuggling.

We are strengthening the ban on firearms, which are designed solely to kill people. That is what we are doing and what needs to be done to make Canada safer.

JusticeOral Questions

October 17th, 2022 / 2:55 p.m.


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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, too many Canadians have been hurt by gun violence and our government ran on the promise to redouble Canada's efforts to tackle this issue. We always put the safety of Canadians as our number one priority. That plan includes banning and buying back assault rifles, freezing the national handgun market and raising sentences for gun smugglers. My hope is that the hon. member across the aisle will support Bill C-21 at committee and allow us to keep Canadians safer.

Public SafetyOral Questions

October 3rd, 2022 / 2:55 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

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

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

Public SafetyOral Questions

October 3rd, 2022 / 2:55 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

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

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

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