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)

JusticeOral Questions

September 29th, 2022 / 3:05 p.m.


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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I am a Quebecker, I am a Montrealer, and I am aware of what is happening in Montreal, both in my riding as well as in other ridings in Montreal.

Our goal with Bill C-5 is to increase resources to deal with serious crimes, which will always have serious consequences. With Bill C-21, we are increasing the maximum penalties for firearms offences.

We are moving in the right direction to get tough on the crimes that deserve it.

Public SafetyOral Questions

September 20th, 2022 / 2:30 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

Mr. Speaker, that is exactly why I hope the Bloc Québécois will support Bill C-21. With this bill, we are going to give the police more tools that will help them fight organized crime so we can strengthen our borders and better protect our communities. That is what we plan to do, together with Quebec.

Bill C-21Statements by Members

June 23rd, 2022 / 2:05 p.m.


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Conservative

Eric Melillo Conservative Kenora, ON

Mr. Speaker, once again, the government is bringing forward firearms legislation that will impact lawful gun owners and not do nearly enough to address gun crime. The arbitrary handgun ban in Bill C-21 will do nothing to stop gun smuggling, nor will it prevent gang violence.

However, there are some measures of this bill the Conservatives support, such as the provision to keep firearms out of the hands of those who have committed domestic abuse. Despite the Conservatives' efforts to fast-track these pieces of the legislation, the NDP-Liberal coalition teamed up to block it, which I believe revealed their goals to be political rather than practical.

On this side of the House, our approach will always be to stand up for common sense measures to ensure that Canadians are safe and that guns are out of the hands of our criminals, instead of the soft-on-crime approach from the government.

Order Respecting the Business of the House and its CommitteesGovernment Orders

June 22nd, 2022 / 7:05 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

moved:

That, notwithstanding any standing order, special order or usual practice of the House, beginning on Friday, June 24, 2022, and ending on Friday, June 23, 2023:

(a) members may participate in proceedings of the House either in person or by videoconference, provided that members participating remotely be in Canada;

(b) members who participate remotely in a sitting of the House be counted for the purpose of quorum;

(c) provisions in the Standing Orders to the need for members to rise or to be in their place, as well as any reference to the chair, the table or the chamber shall be interpreted in a manner consistent with the virtual and hybrid nature of the proceedings;

(d) the application of Standing Order 17 shall be suspended;

(e) in Standing Orders 26(2), 53(4), 56.1(3), and 56.2(2), the reference to the number of members required to rise be replaced with the word “five”;

(f) the application of Standing Order 62 shall be suspended for any member participating remotely;

(g) documents may be laid before the House or presented to the House electronically, provided that:

(i) documents deposited pursuant to Standing Order 32(1) shall be deposited with the Clerk of the House electronically,

(ii) documents shall be transmitted to the clerk by members prior to their intervention,

(iii) any petition presented pursuant to Standing Order 36(5) may be filed with the clerk electronically,

(iv) responses to questions on the Order Paper deposited pursuant to Standing Order 39 may be tabled electronically;

(h) should the House resolve itself in a committee of the whole, the Chair may preside from the Speaker’s chair;

(i) when a question that could lead to a recorded division is put to the House, in lieu of calling for the yeas and nays, one representative of a recognized party can rise to request a recorded vote or to indicate that the motion is adopted on division, provided that a request for a recorded division has precedence;

(j) when a recorded division is requested in respect of a debatable motion, or a motion to concur in a bill at report stage on a Friday, including any division arising as a consequence of the application of Standing Order 78, but excluding any division in relation to the budget debate, pursuant to Standing Order 84, or the business of supply occurring on the last supply day of a period, other than as provided in Standing Orders 81(17) and 81(18)(b), or arising as a consequence of an order made pursuant to Standing Order 57,

(i) before 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of Oral Questions at that day’s sitting, or

(ii) after 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of Oral Questions at the next sitting day that is not a Friday,

provided that any extension of time pursuant to Standing Order 45(7.1) shall not exceed 90 minutes;

(k) if a motion for the previous question under Standing Order 61 is adopted without a recorded division, the vote on the main question may be deferred under the provisions of paragraph (j), however if a recorded division is requested on the previous question, and such division is deferred and the previous question subsequently adopted, the vote on the original question shall not be deferred;

(l) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this order, is requested, the said division is deemed to have been deferred until the conclusion of Oral Questions on the same Wednesday, provided that such recorded divisions be taken after the other recorded divisions deferred at that time;

(m) for greater certainty, this order shall not limit the application of Standing Order 45(7);

(n) when a recorded division is to be held, the bells to call in the members shall be sounded for not more than 30 minutes, except recorded divisions deferred to the conclusion of Oral Questions, when the bells shall be sounded for not more than 15 minutes;

(o) recorded divisions shall take place in the usual way for members participating in person or by electronic means through the House of Commons electronic voting application for all other members, provided that:

(i) electronic votes shall be cast from within Canada using the member’s House-managed mobile device and the member’s personal House of Commons account, and that each vote require visual identity validation,

(ii) the period allowed for voting electronically on a motion shall be 10 minutes, to begin after the Chair has read the motion to the House, and members voting electronically may change their vote until the electronic voting period has closed,

(iii) in the event a member casts their vote both in person and electronically, a vote cast in person take precedence,

(iv) any member unable to vote via the electronic voting system during the 10-minute period due to technical issues may connect to the virtual sitting to indicate to the Chair their voting intention by the House videoconferencing system,

(v) following any concern, identified by the electronic voting system, which is raised by a House officer of a recognized party regarding the visual identity of a member using the electronic voting system, the member in question shall respond immediately to confirm their vote, either in person or by the House videoconferencing system, failing which the vote shall not be recorded,

(vi) the whip of each recognized party have access to a tool to confirm the visual identity of each member voting by electronic means, and that the votes of members voting by electronic means be made available to the public during the period allowed for the vote,

(vii) the process for votes in committees of the whole take place in a manner similar to the process for votes during sittings of the House with the exception of the requirement to call in the members,

(viii) any question to be resolved by secret ballot be excluded from this order,

(ix) during the taking of a recorded division on a private members’ business, when the sponsor of the item is the first to vote and present at the beginning of the vote, the member be called first, whether participating in person or remotely;

(p) during meetings of standing, standing joint, special, special joint, except the Special Joint Committee on the Declaration of Emergency, and legislative committees and the Liaison Committee, as well as their subcommittees, where applicable, members may participate either in person or by videoconference, and provided that priority use of House resources for meetings shall be established by an agreement of the whips and, for virtual or hybrid meetings, the following provisions shall apply:

(i) members who participate remotely shall be counted for the purpose of quorum,

(ii) except for those decided unanimously or on division, all questions shall be decided by a recorded vote,

(iii) when more than one motion is proposed for the election of a chair or a vice-chair of a committee, any motion received after the initial one shall be taken as a notice of motion and such motions shall be put to the committee seriatim until one is adopted,

(iv) public proceedings shall be made available to the public via the House of Commons website,

(v) in camera proceedings may be conducted in a manner that takes into account the potential risks to confidentiality inherent in meetings with remote participants,

(vi) notices of membership substitutions pursuant to Standing Order 114(2) and requests pursuant to Standing Order 106(4) may be filed with the clerk of each committee by email; and

(q) notwithstanding the order adopted on Wednesday, March 2, 2022, regarding the Special Joint Committee on the Declaration of Emergency, until the committee ceases to exist and where applicable,

(i) the committee shall hold meetings in person only should this be necessary to consider any matter referred to it pursuant to subsection 61(2) of the act,

(ii) members who participate remotely shall be counted for the purpose of quorum,

(iii) except for those decided unanimously or on division, all questions shall be decided by a recorded vote,

(iv) in camera proceedings may be conducted in a manner that takes into account the potential risks to confidentiality inherent in meetings with remote participants,

(v) when more than one motion is proposed for the election of the House vice-chairs, any motion received after the initial one shall be taken as a notice of motion and such motions shall be put to the committee seriatim until one is adopted;

that a message be sent to the Senate to acquaint Their Honours that this House has passed this order; and

that the Standing Committee on Procedure and House Affairs be instructed to undertake a study on hybrid proceedings and the aforementioned changes to the Standing Orders and the usual practice of the House.

Madam Speaker, it is my pleasure to rise on this motion and talk about the extension of hybrid provisions for one year and the opportunity for the procedure and House affairs committee members to study the issue of either the use or the non-use of those provisions as they deem through their process and their recommendations thereafter.

I will take us back for a moment to March 2020. As the whole business of the pandemic was unfolding, it was about a week before this House shut down when I had a conversation with the House administration at that time asking what the pandemic plan was and what we had on the books. Of course, those who wrote it had put something together, but it became apparent very quickly upon looking at it that the intersection of what was planned with what happened in real life meant that the plan, frankly, was not of much use.

We then began a process, and I want to thank members from all parties, reflecting back on those early days in March 2020, as we attempted to find a way for Canada's Parliament to continue to do its business and to make sure that, notwithstanding the fact that we had this incredible public health emergency that sent people to their homes, Canadians knew that the seat of their democracy continued to function, continued to get bills passed and continued to put supports out there for them.

Before I talk about some of those supports, I want to take a moment to thank the House administration and officials who worked with us to create these tools and innovations to allow our democracy to continue to function. In an incredibly short period of time, an ability was developed to participate and vote virtually. This eventually led to a voting app and other refinements that have enabled members, whether or not they are sick, whether or not they are unable to be at the House for medical or other reasons, to continue to participate in the proceedings of the House and to make sure they are not disenfranchised and their constituents continue to be represented.

Members would remember that Canadians and businesses were reeling in those early days of COVID, and some three million jobs were lost. There was a real state of folks not knowing where things were going to go. Small businesses were left unable to serve their customers and wondering what their future would be. It was specifically because of the provisions we put in place, which all parties worked on with the House administration, that we were able to still get those supports adopted and make historic support available to make sure that businesses and individuals did not fall through the cracks.

Now we see the economy roaring back, and 115% of jobs lost during the pandemic have come back, compared to below 100% for the United States. We see us being a world leader in economic growth, number two in the G7 and trending towards being number one next year. It is absolutely evident that the supports that were put in place to make sure that Canadians did not fall through the cracks were what got us there.

When we think of the bravery of people opening a small business, taking a chance and putting themselves out in the world, putting their shingle out and hoping to survive, there are a lot of things they have to prepare for, such as the possibility that their product may not be as popular as they had hoped, or the long hours that they, and the people they employ, will have to put in to try to make the business successful. Of course, it is not reasonable for folks to expect that a global pandemic will be the thing that shuts them down. It was, in fact, those hybrid provisions that enabled people to get that work done.

The pandemic continues, but before I talk about the continuing pandemic, I will take a moment to talk about all the things that we got done, and not just those historic supports.

As the pandemic came and went, as we thought it was over last November and we thought that things might be returning to a sense of normalcy but we got hit by omicron, the flexibility of Parliament meant that we were able to continue to get the job of the nation done. We can take a look at how much Parliament was able to accomplish from January to June: 14 bills, not including supply, were presented, and we introduced seven bills in the Senate on a range of important issues. Many of the bills that we are passing now or that have just passed through the House are going to the Senate, and it is our hope and expectation, particularly with the great work that was just done on Bill C-28, that the Senate will be able to get that done as well before it rises for the summer. This was all done using the hybrid provisions.

Let us take a look at some of those bills.

Bill C-19 is critical to grow our economy, foster clean technology, strengthen our health care system and make life more affordable for Canadians in areas such as housing and child care.

Bill C-18 would make sure that media and journalists in Canadian digital news receive fair compensation for their work in an incredibly challenged digital environment.

Bill C-11 would require online streaming services to contribute to the creation and availability of Canadian stories and music to better support Canadian artists.

Bill C-21 would protect Canadians from the dangers of firearms in our communities, making sure that we freeze the market on handguns, attack smuggling at the border and implement red flag provisions to address domestic violence.

Bill C-22 was brought forward to reduce poverty among persons with disabilities in Canada and is part of a broader strategy that has seen more than one million Canadians lifted out of poverty. That is particularly remarkable when we think that it was this government that set the first targets ever for poverty reduction. After we set those goals, we have been exceeding them every step of the way, and Bill C-22 is a big part of that strategy.

Bill C-28, which I talked about a minute ago, deals with the extreme intoxication defence. It is a great example of Parliament in a hybrid environment being able to work collaboratively to ensure that we close an important loophole to make sure that the extreme intoxication defence is not used when murder has been committed.

These are just some of the bills that we have been able to put forward, and we have been able to do so in a way that empowered all members of Parliament to be able to participate, whether they had COVID or not.

To give members a sense of the challenges, not only was all of this done using the hybrid system and during the middle of a pandemic, but it was done while dealing with obstruction. We saw all the times the Conservatives obstructed government legislation. In fact, 17 times over the past 14 weeks, the Conservatives used obstruction tactics, using concurrence motions and other tactics to block and obstruct, in many cases, legislation that was supported by three out of the four official parties here. They took the opportunity to obstruct, yet despite that, we have been able to make great progress.

The Conservatives support Bill C-14, yet we ended up spending a night because they were moving motions to hear their own speakers. At the MAID committee looking at medical assistance in dying, where there was incredibly sensitive testimony, witnesses were not able to testify because of the tactics and games that were happening here in this place. However, despite all that, in a hybrid environment we have been able to move forward.

Let us look at last week. Last week there were five members of the Liberal caucus who had COVID, and one of these people was the Prime Minister. I do not know how many members there were in other caucuses, but all were still able to participate in these proceedings. Every day, unfortunately, thousands of Canadians across the country continue to get COVID. Sadly, many of them are in hospitals and, even more tragically, many of them are dying. This pandemic is still very much a reality.

What we have seen over the last two years is that every time we try to start a parliamentary session, we spend weeks debating whether we should or should not continue using the hybrid system. Parliament deserves stability. People are still getting COVID. They have the right to be able to participate in this place, and as has been demonstrated by the incredible amount of work we have been able to get done during the pandemic, from historic supports in the deepest, darkest time of the pandemic to the more recent times dealing with a whole range of legislation that is absolutely critical to Canadians, these provisions allow us to continue to do the work of this nation in extraordinary times.

I do not think we should be in a position such that every time we start Parliament, we continue to have this debate. Canadians need predictability, as we do not know where this pandemic or public health circumstances are going. Canadians need predictability until the House of Commons, through a committee process, can evaluate the utility and usefulness of the provisions outside of a pandemic reality to see if they should be extended or used. We need to have a proper, thorough debate in that venue, hearing from witnesses, hearing from parliamentarians, taking a look at what was accomplished and at what could be done better or differently.

We are already seeing big improvements in everything, from the services that are being delivered to interpretation. I look forward to PROC's work to see whether or not these provisions have utility, but until then, this measure would give us the stability for PROC to do its report and for Parliament to continue to function in incredibly challenging times.

That is why I think it is only prudent to pass this measure now. It is so that Parliament will have the stability to do its work, so Canadians will know this work will not be interrupted, and so we can focus instead on the business of the nation.

Interruption to ProceedingsPrivilegeOral Questions

June 22nd, 2022 / 3:20 p.m.


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Conservative

Greg McLean Conservative Calgary Centre, AB

Mr. Speaker, I am rising on a question of privilege concerning last night's crash of the hybrid Parliament system. I was working in my Confederation Building office here in the precinct for the House of Commons, but could not log into the Zoom portion of the House's proceedings last night. We were discussing Bill C-21, the government's cynical approach to gun control, which was to be followed by Bill C-28, a response to the Supreme Court's decision that relieved extremely intoxicated criminals of taking responsibility for their crimes. These are both issues that many of my constituents are very passionate about, and I wanted to be present for the debates.

Several colleagues also tried to access the video conference for the sitting, but were unsuccessful, I was told. I also understand that a meeting of the very important Special Joint Committee on the Declaration of Emergency, the committee looking into the government's choice to declare a national emergency over this winter's truck protest in Ottawa, had to be abandoned because of these technical failures.

Beyond the obvious inconvenience and embarrassment of the hybrid system, which incredibly the government House leader will be asking later today to be renewed for another year, this incident represents broadly, I believe, a breach of the privilege to be able to represent my constituents. Under the House order of November 25, 2021, which reinstituted hybrid arrangements after last year's election, “members may participate in proceedings of the House either in person or by video conference”. It states “may participate”. There is no caveat or qualification to that. There is nothing that says it is only applicable when all the technology lines are up.

As much as I may think the hybrid Parliament should be scrapped, the House has agreed to those arrangements until at least tomorrow, so I sought to exercise my right to participate remotely from my parliamentary office, yet I simply could not.

While I acknowledge that the House suspended last evening shortly after the connectivity problems were flagged, which was appropriate, the way the House adjourned was not, however. According to the records of the House, the sitting resumed at 8:54 last evening when the parliamentary secretary to the government House leader then sought unanimous consent for the House to adjourn. The chair then canvassed the House in the usual manner and found there was agreement for the motion. Since I was trying to attend remotely, but with a technical range that prevented me from doing so, I was unable to present for that vote. That too is a breach of my privileges.

I have since come to understand that there had been a consensus of party representatives to reconvene the House for the purpose of adjourning when it became obvious that technical issues could not be resolved prior to midnight. That said, I understand that my House leader's office had been assured by the government House leader's office that a minister of the Crown would be proposing the adjournment of the House. That is a critical point in these circumstances. Last night's sitting was an extended sitting under the House order of May 2, better known as Motion No. 11, which permits a cabinet minister to move an adjournment motion on a point of order, which is deemed adopted upon being moved. There would have been no vote and no opportunity to object. The NDP-Liberal agreement on Motion No. 11 already stripped me of those rights.

Had any of the 39 ministers of the Crown been here to manage the Business of the House, the House could have properly adjourned early under the Liberals' ruthless Motion No. 11, but they did not even manage that correctly. Instead, there was a vote and I was not able to be present for it. Your predecessors, Mr. Speaker, have found several prima facie cases of privilege concerning the inability of a member to reach the House, especially when there is a vote.

Mr. Speaker Regan put it well on April 6, 2017, at page 10,246 of the Debates:

The importance of the matter of members' access to the precinct, particularly when there are votes for members to attend, cannot be overstated. It bears repeating that even a temporary denial of access, whether there is a vote or not, cannot be tolerated.

He cited favourably the 21st report of the Standing Committee on Procedure and House Affairs in 2004, in relation to security arrangements on Parliament Hill for the visit of an American president:

The denial of access to Members of the House—even if temporary—is unacceptable, and constitutes a contempt of the House. Members must not be impeded or interfered with while on their way to the Chamber, or when going about their parliamentary business. To permit this would interfere with the operation of the House of Commons, and undermine the pre-eminent right of the House to the service of its Members.

Those cases concerned physical obstruction.

Page 111 of House of Commons Procedure and Practice, third edition, reminds us, “A Member may also be obstructed or interfered with in the performance of his or her parliamentary functions by non-physical means.” This new hybrid world obviously presents entirely new considerations that had not even been contemplated when those previous cases arose or when our procedural authorities were written. Bosc and Gagnon, at page 112, continues, “It is impossible to codify all incidents which might be interpreted as matters of obstruction [or] interference”.

That said, Mr. Speaker, I know that you, yourself, have been seized with considering just how privilege intersects with the virtual component of our proceedings from the very beginning. When the procedure and House affairs committee first began studying these issues in the earliest weeks of the pandemic, you testified on April 21, 2020, saying, at page five of the evidence, “By not having the connectivity or by having any issues, that could be an issue down the road.”

Later you added, at page 10, with particular relevance to my situation last night, “Allowing individuals to vote is the heart of our system, and it's the base of parliamentary privilege.” You reinforced this point in your July 6, 2020, appearance before the same committee by commenting, at page six of the evidence, “It is a member's privilege to vote, and we don't want the member to lose that privilege or not be able to access it.”

The issue goes much deeper than just attending votes. I could not attend any of the virtual sitting. A predecessor of yours, Peter Milliken, bluntly made the point about connection failures to the procedure and House affairs committee on April 23, 2020, at page 19 of the evidence. He said, “It would be a matter of privilege if they couldn't get into it.”

Taking the evidence the committee heard in the spring and summer of 2020, it presented two reports which helped form the structure of the hybrid system which has evolved here. Its views on these issues are equally clear.

In its fifth report presented in May 2020, the committee wrote at page 31, “It is essential that any modifications to the procedures and practices of the House made in response to the COVID-19 outbreak fully respect the rights possessed by members under parliamentary privilege.” It continues, “Further, in the exercise of the rights accorded by parliamentary privilege, members have the right to full and equal participation in parliamentary proceedings.” Last night, I did not have full and equal participation in parliamentary proceedings.

In its seventh report, which was presented in July 2020, at page 55, the committee recommended:

That the virtual or hybrid parliament replicate the rules and customs of the House as closely as possible...in order to fully ensure the democratic role of Parliament (deliberation, accountability and decision-making), as well as the parliamentary rights and privileges of members.

Further in the report, at page 60, the committee recommended, “That members participating virtually in any proceedings of the House of Commons enjoy and exercise the same parliamentary privileges that apply to members physically present.” I was incapable of exercising the same rights and privileges as my colleagues inside the chamber last evening when the Chair canvassed the House on the parliamentary secretary's unanimous consent motion.

As for the causes of the outage last night, I would submit that identifying the origins and motivations, if any, if either can even be identified, is immaterial to this question of privilege.

First, and most important, House business was conducted in defiance of the order adopted on November 25, 2021, denying me the opportunity to participate and vote, which is in breach of parliamentary privilege.

Second, that is a matter that a committee of the House, with a privilege reference, can determine. I will quote Mr. Speaker Milliken from October 15, 2001, at page 6085 of the debates, who said:

There is a body that is well equipped to commit acts of inquisition, and that is the Standing Committee on Procedure and House Affairs, which has a fearsome chairman, quite able to extract information from witnesses who appear before the committee, with the aid of the capable members who form that committee of the House.

Third, even if the source of last night's technical difficulties can be readily pinpointed, I would refer you to the ruling of your predecessor, the hon. member for Regina—Qu'Appelle, on March 6, 2012, at page 5,834 of the debates, where he found a prima facie case of privilege in connection with the online hacker collective Anonymous.

I have long thought that we need to get back to traditional in-person sittings of the House. Yesterday's situation is just the latest example of why it is so important.

Though I recognize I am straying into debate on Motion No. 19, which is on today's schedule, the point remains that something serious happened last night. It was something that rose to the level of a breach of privilege, and a committee needs to get to the bottom of it. Should you agree, Mr. Speaker, I am prepared to move the appropriate motion.

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 11:25 a.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Speaker, I will conclude by saying that we will continue to have at least five more hours of debate on Bill C-21. Then it will go to committee, where I know there will be a very extensive, thorough and comprehensive study of Bill C-21. This is a good bill. It has the broad support of Canadians across a wide array of constituencies.

We embrace the idea of debating, and passing, this bill so we can better protect communities from the scourge of gun violence.

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 11:15 a.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Speaker, in short, I wholeheartedly agree with my hon. colleague and the observation he makes that Bill C-21 is vitally important to Canadians, because it seeks to address the increase of gun violence, which has been statistically studied by StatsCan and other individuals over the past decade or so.

We have seen gun crime go up. We have seen handgun crime, specifically, go up. We have seen intimate-partner violence and gender-based violence go up in connection with the presence of guns. Rather than being able to advance the bill in this chamber, we have seen Conservatives partake in filibustering, which is why we have brought forward this time allocation motion. It does not stop debate. Of course, this bill will continue to be studied by the committee so we can better protect Canadians from the scourge of gun violence.

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 11:10 a.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Speaker, the hon. member is saying, on the one hand, from his mouth to this chamber, that the Conservatives are prepared to work on certain elements of the bill and then, earlier this morning, we heard the House leader for the Conservative Party of Canada saying there is nothing in this bill that would protect Canadians. It is for that colleague to reconcile that logical inconsistency. Canadians expect better.

My hon. colleague, as a very accomplished, very intelligent individual member in this chamber, knows full well that the debate of Bill C-21 will continue at committee, where, of course, we embrace the exchange of ideas and potential improvements and amendments to the bill so we can better protect Canadians from the scourge of gun violence. I would urge the member to vote in support of this motion so that we can continue debate at committee.

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 11:05 a.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Speaker, I do not know why. I wish Canadians could get into the heads of some of the tactics that we have seen here in this chamber. We embrace the idea of having a very vigorous debate about how to better protect our communities from gun violence, but, instead, we saw on the first day that was scheduled for Bill C-21 that Conservatives filibustered and we have seen similar tactics at committee.

As my hon. colleague the leader for the NDP in this chamber pointed out, it is not just on the matters related to public safety. It is on matters related to creating jobs, improving the economy, dealing with climate change and dealing with priorities related to Health Canada. I do want to take a moment to thank the New Democrats for their efforts at making this chamber work, which is what the vast majority of Canadians are entitled to expect from us, especially on matters related to public safety.

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 11 a.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Speaker, I am all too happy to answer my hon. colleague's question. Among other branches, of course we are in the midst of consulting with law enforcement at the federal level with the RCMP. However, we saw the Canadian Association of Chiefs of Police, which represents the most senior levels and executive levels of law enforcement, say that Bill C-21 would be a step in the right direction toward better protecting our communities. Of course, that in no way diminishes the fact that we need to debate the bill and study the bill.

The problem with my hon. colleague's position is that her party has stood in the way of debate. It is her party that is standing in the way of the free speech that should be exercised in studying the bill.

We want to pass the bill so we can deal with gun violence and better protect our communities. I would hope that my colleague would embrace that effort.

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 11 a.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Speaker, I want to thank my hon. colleague for putting his finger precisely on the problem in his chamber, which is that there is one party, and that is the Conservative Party of Canada, that continues to obstruct on public safety, the economy, health and the environment. Rather than embracing the debate, which is the hallmark of our democracy in this chamber, what we see instead is relentless tactics to filibuster and postpone debate.

What we have before us is a bill that would help us advance the fight against gun violence. I would certainly urge the Conservatives to embrace the opportunities that would manifest in the committee stage, where we could look at Bill C-21 and hopefully find some common ground on addressing handgun violence, addressing organized crime, and addressing the connections between domestic abuse and gun violence. That debate will continue there.

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 10:55 a.m.


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Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, it is not a question of whether we are for or against Bill C-21. We know that the bill is not perfect, but it is important.

This is about how the Liberal government has managed its legislative agenda. To be frank, honest and sincere, it has been a complete disaster. I have never seen a legislative agenda managed like this. We are meeting again today and we will likely sit until late on Thursday because we do not have the right people on that side of the House to manage the legislative agenda effectively. It is not the opposition's fault. It is not the fault of the Conservatives, the Bloc Québécois or the NDP. It is the government's fault. They keep imposing closure because they are unable to manage their legislative agenda properly.

The fact that we have gotten to this point, today, is serious. The government could have tabled its notice of motion on the weekend, but what we are seeing here is the government's inefficiency across all departments and in managing the legislative agenda.

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 10:55 a.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

Madam Speaker, I have personal respect for my colleague. He knows that, and I would like to think we reciprocate that. Unfortunately, I do not respect his position on this particular motion.

The reason why we are taking this step is betrayed by the way in which he has characterized the bill, which is that Bill C-21 would not be helpful in reducing gun violence. That is categorically untrue. In particular, I would point his attention to the fact that the bill, among other things, would raise maximum sentences against illegal gun smugglers. He seems not to take any particular note of that. He also does not address the fact that it was his party, sadly, that sought to filibuster this debate, consistent with the posture that the Conservative Party has taken on any number of important questions and matters of priority for Canadians, whether it is on the economy, on health or on the environment. Conservatives are always blocking debate. We want to advance debate.

This debate will now move to committee, where there will be more study of Bill C-21, which would help ensure that we protect Canadians.

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 10:50 a.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, once again we are seeing the hammer drop. It is on Bill C-21 this time, which further strengthens our resolve. You and I are unfortunate to have a front row seat to the further decline in democracy in this place and another attack on the institution of Parliament.

There has been three hours and 24 minutes of debate on this bill, which is a very substantive bill. Just last week, the Conservatives made an offer to the government: split the bill so we can work on portions of it that we can support, such as domestic violence and other matters within the bill. That was rejected by the government.

This bill would do nothing to solve gun and gang criminal activity in this country. This past weekend there were seven shootings in Liberal-held ridings just in Toronto. Instead of dealing with the situation, what the Liberals are doing is further traumatizing, stigmatizing and dividing Canadians through a bill by not offering to work and do the right thing.

My question for the minister is this. Is it true that, for the purposes of further dividing, stigmatizing and wedging, and using this bill as a politicized weapon, the Liberals have earmarked almost $1 million for an ad campaign in the summer to target opposition parties that are looking to better this bill as opposed to oppose it?

Bill C-21—Time Allocation MotionCriminal CodeGovernment Orders

June 21st, 2022 / 10:50 a.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

moved:

That in relation to Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), not more than five further hours shall be allotted to the consideration at second reading stage of the said bill; and

That, at the expiry of the five hours provided consideration at second reading stage of the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and, in turn, every question necessary for the disposal of the said stage of the bill shall be put forthwith and successively, without further debate or amendment.