Bill C-21

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

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

Report Stage

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

Madam Speaker, I will not answer the question specifically, but I do have something to say.

For weeks now, months even, the Bloc Québécois has been making proposals concerning well-being and suggesting solutions to the current government, which sometimes ends up in reaction mode because it has failed to prepare. This time, we are telling the government that it should split this bill in two because it covers two different things.

I have a question of my own. Why are we once again faced with a mammoth bill at the end of the session while being hit with one time allocation motion after another?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, it is interesting listening to the debate. The government claims that this bill is about systemic racism and in particular about the overrepresentation of Black and indigenous people in our prison population. If we read the bill, the bill makes no mention of racism and no mention of Black or indigenous communities. There is nothing in there about programs or processes to address the inequalities. It is simply a bill about lowering sentences for broad categories of offences.

When there is overrepresentation, reducing overall sentences or removing minimum sentences or sentencing starting points does not change the fundamental cause of overrepresentation. There is nothing in the bill that actually addresses the issue of overrepresentation whatsoever, and the government's rhetorical defence of the bill has nothing to do with what is in the bill.

I wonder if the member has a comment on that.

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

Madam Speaker, my answer is very simple. We need to start relying on science, legal experts and the right advisers who are giving us concrete proof that there is a right way of doing things.

The right way of doing things is to invest in rehabilitation and support, because reducing minimum penalties will not reduce crime. The statistics make that clear.

I hope that we will implement structures and concrete measures to help people, because, right now, there are flaws in Bill C-5.

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

Madam Speaker, I share the concerns of my colleague from Laurentides—Labelle about having one bill with two goals. I fully support the elimination of mandatory minimum sentences, which do not work and are a problem for our justice system. At the same time, I am absolutely in favour of measures to achieve the objective of Bill C‑5, which is that problematic substance use must be addressed primarily as a social and health issue, not a criminal one.

Both of these elements are in Bill C‑5, but as a result, each is weaker in achieving the results we need.

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

Madam Speaker, I will be very succinct.

I know that we can be proactive because I worked with community organizations in Laurentides—Labelle that work proactively to prevent crime. They have what it takes to help us. I agree that Bill C‑5 should be split in two.

The House resumed consideration of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, as reported (with amendment) from the committee, and of the motions in Group No. 1.

Criminal Code

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I appreciate the opportunity to speak today to Bill C-5, a piece of government legislation aimed at reducing sentences for crimes, including very serious crimes such as sexual assault, kidnapping and weapons trafficking. Many of my colleagues on this side have ably spoken to the core issues in this bill, in particular the question of whether lower sentences and conditional sentences are appropriate for these kinds of very serious offences. I am not going to repeat their arguments today. Instead, I want to respond to what seems to be the main rationale that the government is using to defend this legislation.

Comments from government members on this bill have generally avoided reference to the substantive measures in it and, in particular, to the changes to sentences for serious violent crimes. It is revealing that members of the government do not want to actually talk about and defend their decision to lower sentences for serious crimes.

The government's attempt to justify this bill has focused on noting, correctly, how the problem of systemic racism leads to the over-representation of Black and indigenous people in our justice system, but then claiming, incorrectly, that this bill somehow addresses that problem. It is a fact that there is nothing in this bill to address any kind of racism. It contains no measures respecting anti-racism training, no measures to discourage racist behaviour, no funding for communities that are victims of racism and no special procedures to protect the rights of historically marginalized communities when they encounter the justice system.

In fact, while the government evokes the challenges facing Black and indigenous Canadians every time this bill is discussed, the bill itself does not even contain the words “Black” or “indigenous”. A quick search of this bill shows that the bill actually says nothing about race or racism, either. This is a bill that is not about, and says nothing about, the racism facing Black and indigenous Canadians, yet the government's justification for this bill is to claim that it would do something that it demonstrably would not do for those communities.

The government purports to believe that lowering sentences overall will somehow address the disproportionate representation of certain minority communities in the prison population. This seems, on the face of it, to portray a certain misunderstanding of how fractions work. Changing the average sentence for a particular crime from, say, four years to three years would do nothing to change the proportion of people from a particular community who are serving time for that crime. Reducing overall sentences would do nothing to change the proportion of those in prison who are from a particular community. Any mathematically sound strategy for reducing over-representation would obviously need to reduce sentences for the over-represented group only, increase sentences for the under-represented group only, or, best of all, identify and confront the root cause of over-representation in the first place. However, reducing sentences for both over-represented and under-represented groups by the same proportion would not actually address the phenomenon of over- or under-representation.

In fairness to the government's position, it is not always quite that simple. It may be that there are certain crimes where the over-representation of certain communities is greater than other crimes. For example, in the case of drug crimes, there may be certain kinds of drugs that are more prevalent in some communities than others. There are cases and places where offences involving drugs that are more common in minority communities have carried more severe sentences than offences involving equivalent drugs that are more common in majority communities. In such cases, measures to equalize the sentencing for equivalent kinds of substances that are more or less common in different communities would be a step toward addressing the problem of over-representation. However, that is not what Bill C-5 would do.

Bill C-5 would not make these kinds of granular adjustments. Rather, Bill C-5 is a relatively short bill that would lower sentences for broad categories of offences. I see no reason why these reductions in sentencing parameters would impact over-representation in any way.

Perhaps I can make this point clearer with an analogy. We know that Black and indigenous people are over-represented in our justice system and also under-represented in our post-secondary system. We need to address the way that systemic racism leads to over-representation in penal institutions and under-representation in institutions that often lead individuals to positions of power and privilege. If members were to imagine—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Order. The hon. member for Rivière‑des‑Mille‑Îles on a point of order.

[Luc Desilets, Bloc, Rivière-des-Mille-Îles, QC]

Madam Speaker, with all due respect to my colleague, I should mention that he is speaking too quickly for the interpreters to keep up with him. They tell us that it is very difficult.

He is hyperactive like me. Out of respect for the interpreters, I would ask him to slow down if possible.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I know that we have raised this in the past, so once again, I am wondering if the hon. member could slow down a bit to ensure that every parliamentarian hears what he has to say. It is very difficult for the interpreters to interpret properly if the speed of the speech is too quick.

I am not sure if the hon. member has provided a copy of his speech to the interpreters. If not, again, I would remind all members to please do so. It is something that we hear about on a regular basis. It is very difficult for interpreters to be able to follow the speakers in the House.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, if I could speak to the same point of order. In this case, I provided my notes in advance to the interpreters. I have a great deal of respect for what they do.

It is a bit of a challenge when members want to deliver a certain amount of content in a limited time frame, and we are under time allocation of course as well, but I think it is a question of the ability of members to need to convey ideas in a limited time frame, so—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Again, we have to ensure that all members are able to understand what is being said in the House. That is what we need to do. Hon. members generally know how much they can put within the 10- or 20-minute time frame, so it is not about rushing but about making sure the speech is being delivered as it should.

The hon. member for Sherwood Park—Fort Saskatchewan can continue.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, I hope the interpreters are able to deliver the content, but I am entitled to give my speech as a member, and I hope that, given I have provided the notes in advance, this issue will be addressed.

I was speaking about under-representation in post-secondary institutions. I imagine if I were to propose that the way to reduce under-representation of Black and indigenous peoples in universities was to reduce the length of degree programs, we would recognize that did not make sense. If I were to claim that reducing the length of an undergraduate degree from four years to three years would address the under-representation of people from particular communities, we would recognize that is obviously absurd, because changing the length of a degree program does nothing to change the proportion of people from different communities who are there or to address the underlying factors that lead to under-representation. What is true for the length of degree programs is also true for the length of criminal penalties, which is that changing the overall length does not change the proportion.

I want to now speak about the relationship between racial justice and judicial discretion. Bill C-5 lowers sentences for a variety of crimes, including very serious crimes, and does so in part by widening the window for judicial discretion. I believe that judicial discretion, as well as the setting of benchmarks and parameters by the legislature, are both important elements in sentencing. In a democratic society, it is right and important for the people's representatives to deliberate and give direction about the kinds of sentences they see as appropriate for certain categories of crimes. It is also important for judges to be able to exercise their discretion in accordance with the particular facts of each case, using the parameters and formulas established by the people's representatives.

One key function of sentencing parameters set by the legislature is to help ensure relative consistency. If the facts of two different cases are virtually identical, then the sentences should also be virtually identical, even if the two defendants go before two different judges. The most effective way to ensure that two different judges in two different courtrooms apply a similar sentence to a similar set of facts is to have something such as sentencing starting points set by the legislative branch. Too much individual discretion leads to inconsistent decision-making. One risk of giving too much discretion to judges is that they, like all of us, have unconscious bias, a possible partial explanation for the over-representation of Black and indigenous peoples in prisons is that the unconscious bias of judges leads to relatively longer sentences being applied in cases with Black and indigenous defendants.

To be fair to judges, I do not know for sure if that is the case or not, but insofar as parliamentarians regularly identify the presence of systemic racism and unconscious bias in virtually all other institutions, it seems at least consistent to acknowledge that unconscious bias impacts the decisions of judges as well. If that is the case, then widening the range of judicial discretion, as Bill C-5 does, actually risks exacerbating the problem of over-representation by allowing more space for subjective determinations based on how a judge evaluates the character and motivation of a defendant.

Relying more on the work of legislatures to establish that a certain type of crime should carry a certain type of sentence in general reduces the range of difference that could be informed by unconscious bias applied to individual cases. This is not necessarily a defence of the idea of mandatory minimums as such, but I simply want to point out that, insofar as unconscious bias leads to differential outcomes when a decision-maker has broad discretion, a law which broadens the range for that discretion is more likely to increase than decrease the problem of over-representation.

I suspect many members of this House will be familiar with the iconic opening of The Godfather trilogy. It is a scene about criminal justice and also about racism. The character Amerigo Bonasera, a Sicilian immigrant who had long trusted the American justice system, is seeking justice for a daughter who was violently beaten by two privileged young men. The racial element implied in the film is clear in the original novel, with Bonasera noting that the parents of the perpetrators in this case were “his age but more American in their dress”. The judge opts to be lenient to the perpetrators saying, “"because of your youth, your clean records, because of your fine families, and because the law in its majesty does not seek vengeance.... Sentence to be suspended.'” This injustice, the exempting of two young men from the consequences of their crime because of their so-called “fine families”, leads Amerigo to lose faith in the legal system and instead rely on the mafia to get what he considers justice.

This is fictionalization of course, but it is compelling because it is very real to the circumstances and experiences of many people. Judicial discretion creates the space for preferencing those whose experience and background the decision-maker identifies with and, in this case, drives a further wedge between a minority community and the state, because Bonasera sees how the system is less likely to have the back of a person who comes from his background.

This raises a critical question: What does this bill do for Black, indigenous and other minority communities who are victims of crime and who want the police and courts to be present and consistent in order to protect them and their families from crime? What does Bill C-5 offer them? It offers them nothing. In fact, it offers them worse than nothing because it does not actually address the real problem of racism. It does not address differential outcomes, and it makes every community less safe by causing the early release of serious violent criminals from any and all backgrounds.

I have one more point I want to make. Black and indigenous people are over-represented in the prison population. Another group that is over-represented in the prison population is men. Men actually account for over 90% of adult admissions to federal custody. That is a very significant over-representation problem.

It becomes even more striking when we overlay statistics for race and gender. Indigenous women make up about 2.5% of the total population and 3% of federal prison admissions. That is relatively close. Statistically speaking, the phenomenon of indigenous over-representation in prison is overwhelmingly a problem of the over-representation of indigenous men. Over 25% of total federal prison admissions are indigenous men. Clearly, gender as well as race has to be part of the conversation about over-representation.

This raises challenging questions. Does our justice system have a problem with systemic sexism? How might the government go about trying to address the over-representation of men in the system?

I do not have time to answer those questions, but what is clear is that Bill C-5 does nothing to address the issue of over-representation of particular communities. The bill itself makes no mention of the issue of over-representation or racism, and it contains no measures which targets those problems. Reducing sentences for serious crimes makes our communities less safe, and it makes victims and potential victims of all races and from all communities more vulnerable.

[Mike Morrice, Green, Kitchener Centre, ON]

Madam Speaker, I listened to the member's speech, and in it he purports that mandatory minimum penalties do not contribute to over-representation of Black, indigenous and racialized folks across the country.

That is not the opinion shared by those from the Black Legal Action Centre, the Canadian Association of Elizabeth Frye Societies and the Women's Legal Education & Action Fund who have called for the repealing of all mandatory minimum penalties for exactly that reason.

What does the member have to say to experts like these?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the member identified a number of stakeholders who have a particular point of view, and I do not doubt that the committee heard from a broad range of stakeholders with different points of view on the bill.

My point was fairly specific. It was simply to say that when we broaden the range of discretion for decision-making in a situation where the decision-maker may, or likely does, have unconscious bias, broadening the range of discretion for that decision-maker does not make the problem better. It makes the problem worse.

We could talk about alternative mechanisms, like sentencing, starting points or clearer parameters for judicial decision-making, but in the absence of those things, when the government proposes a bill that widens the latitude for judicial discretion and there are concerns about unconscious bias, it does not make any sense to me to say that that is somehow going to address the problem of over-representation. It is not.