Bill C-21 (Historical)

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

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

Criminal Code

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

Madam Speaker, I would say this to the member for Cumberland—Colchester, in whose riding these killings took place. The Mass Casualty Commission has revealed some things and we have to wait for its final conclusions. I think it was a mistake not to require all of the RCMP officers who participated in the events to be part of the inquiry and to testify. I know some of the families have even withdrawn participation because they are so disappointed with the path of the inquiry. What I will say is this. Whether the guns were legal or illegal, many neighbours tried to tell the RCMP they were scared of this man and nothing was done.

Bill C-21 will help deal with that.

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Madam Speaker, I take issue with the same things that the member for Saanich—Gulf Islands does: the time-wasting tactics and the reduced time for debate prevent us from getting to the bottom of things.

I would like to know whether my colleague was as bothered as I was when we were called to vote twice instead of once to decide which Conservative member would speak. I cannot get over it and I would like to hear her thoughts on that.

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

Madam Speaker, I thank my Bloc colleague from Berthier—Maskinongé.

I think that closure, or time allocation, is wrong and undermines our democracy. We need to take the time to really examine the issues.

Bill C-21 is important. I think I support it, but it raises a number of issues on which I may want to see amendments, particularly regarding law-abiding citizens who use recreational firearms.

We must make every effort to come up with solutions together. That is why I oppose closure motions.

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Madam Speaker, I very much appreciate the opportunity to speak on Bill C-21, an act to amend certain acts and to make certain consequential amendments regarding firearms. I am proud to support such crucial legislation, which is going to make a real difference in keeping communities like mine safe and free of gun violence.

Gun violence is on the rise in Canada. It presents a serious and significant threat to communities across the country, in the streets and at home. Every six days, a woman is killed by an intimate partner. This is not just an urban statistic but a rural one. Women in rural Canada are particularly vulnerable to homicide by firearms. When it comes to domestic violence, shotguns and rifles, usually legally obtained and commonly kept in rural homes, have been called “weapons of choice” by the Canadian Association of Chiefs of Police. In violent homes, these guns are the tools of choice to intimidate and control women living in rural Canada.

The data is clear. Since 2009, violent offences involving guns have increased by 81% and 47% of Canadians say that gun violence poses a serious threat to their community.

There are going to be those who argue that if we regulate guns, we simply penalize law-abiding citizens and gangsters will still get their guns. That is simply not true. Most Canadian mass shooters did not have criminal records and got their guns legally. Let us recap: Fredericton, 2018, no criminal record, four dead; Danforth, 2018, no criminal record, two dead, multiple wounded; Quebec City, no criminal record, six dead, multiple wounded; and the Moncton shooter, 2014, three dead, multiple wounded.

Let us not pretend it is only gangs and illegal weapons that are the problem, because that is simply not true. Here is a sobering stat. The reality is that 75% of gun fatalities have nothing to do with gangs or criminals. It is because they are suicides.

When it comes to kids, let us look at facts. According to the Canadian Medical Association, one child in Ontario is hurt by a gun or firearm every single day, with 7% of those kids ending up dead.

This morning I woke up to an email from Susan, who is from my riding. She wrote me the following email: “Good morning MP Taleeb. Strongly recommend Bill C-21 to be given Royal Assent and pass in Parliament during this session. My brother was shot in his living room several years ago while writing a letter to me that was never completed.”

Susan is a real human being whose family has suffered the real consequences of firearms. This is why we must act. Gun violence affects people in all of our communities, whether rural, urban or suburban and all socio-economic backgrounds. We need to do more. We need to do more to protect our kids, our parents, our neighbours and everyone in between.

Every Canadian deserves to live without fear of violence. We know that inaction on gun control has real consequences. This is why, through Bill C-21, we are taking a national approach to protecting our communities from the harmful effects of gun violence.

Let us be clear about a couple of things. The bill is focused on putting a stop to tragedies, preventing gun crime and keeping our neighbours safe. It is a complex issue that requires a multi-faceted approach. That is exactly what we are doing through Bill C-21, through robust, direct action in key areas that puts in place a diverse strategy on this issue from all sides.

Action on handguns cannot wait. We are putting a national freeze on handguns to address the alarming increase in gun violence to allow a rapid and effective response. This means that, going forward, no one would be able to sell, purchase or transfer handguns by individuals within Canada or bring newly acquired firearms into the country. I want to stress this, because people are going to make a point about this. Legal gun owners would continue to possess and use their registered handguns, and could sell or transfer their registered handguns to exempted individuals or businesses.

The other key pillar of the bill centres on addressing the tragic trend between gender-based violence and guns. We see this link in our workplaces, communities, at home and online. This trend continues to persist. Protecting the safety and security of survivors of violence, particularly intimate partner violence and gender-based violence, is paramount. Victims need to feel heard and supported when they reach out for help.

That's why we are introducing red flag and yellow flag laws and expanding licence revocation. Through red flag laws, survivors can make an application to the courts for an emergency weapons prohibition order to immediately remove firearms for a period of up to 30 days from an individual who poses a danger to themselves or others.

It is also essential as a preventive approach, to ensure that victims of domestic and gender-based violence feel safe, to ensure protective intervention for those experiencing a mental health crisis, and to be able to intervene in cases where people are showing warning signs of violence.

Through yellow flag provisions, an individual's licence can be suspended for up to 30 days.

Combatting gun trafficking and smuggling, and strengthening law enforcement to tackle gun violence are key aspects of our multi-faceted solution. With Bill C-21, we are working to increase the maximum penalties for firearms offences from 10 to 14 years in prison to keep our communities safe.

Taking the necessary steps to ensure we eradicate gun violence across our country will help build safer communities for generations to come. Through Bill C-21, we would ensure kids feel safer walking home from school, women will feel safer when dealing with violent partners, and racialized communities will worry less about being murdered while praying. That is what this bill would do.

This is legislation that might well have prevented the Quebec mosque shooting, the Danforth shooting, and the Moncton and Fredericton shootings. For the victims of gun violence, thoughts and prayers cannot be the best we have, but preventing the next attack by making it harder and harder for firearms to enter our communities would ensure the deaths of those who have passed would not be in vain.

[Stephen Ellis, Conservative, Cumberland—Colchester, NS]

Madam Speaker, coming from a rural riding, I feel like I am probably a bit more well versed in what rural people think about guns than someone who comes from an urban riding.

That being said, I would like to update the House on what the CMA policy says around the prevention of firearm violence. What it says is that they recommend guidance on the prevention of firearm violence, education for the safe handling of firearms and the regulation of firearms, while also identifying areas for further research. Recommendations include creating evidence-based education programs to prevent firearm violence, improving access to publicly funded mental health services and requiring strong record-keeping for firearms retailers, distributors and private sellers to help prevent the illegal acquisition and use of firearms.

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Madam Speaker, it is striking the member quotes the CMA and he quotes the importance of being able to register and regulate firearms, yet it is curious his party has consistently opposed any efforts to register firearms. It has opposed firearms registries and pretty much everything, so I am glad he is looking at the research put out by medical professionals, who have said that, in fact, gun violence kills or harms one child every single day in the province of Ontario. That should mean something.

[Luc Thériault, Bloc, Montcalm, QC]

Madam Speaker, I am not sure I understood. Perhaps something was lost in the interpretation. I do not know, but I am going to ask my colleague to clarify what he said.

He is telling us that it is all right if Bill C‑21 does not address street violence, because statistics show that there are more gun deaths related to suicide than to street violence.

Is the member seriously comparing those two concepts?

Why did he give such a frivolous example?

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Madam Speaker, I would not call it a futile example, because it is at once important for us to recognize that guns kill people, whether it is in the commission of crimes or when people are taking their own lives. Our obligation to protect Canadians is to make sure that we make it as difficult as possible for crimes to be committed and for people to use guns to take their own lives. We have an obligation to protect one another and to take care of our communities. This and mental health are all important elements that go into protecting society, but taking guns out of people's hands where violence can occur is a critical component and responsibility of the House.

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, I agree with much that was stated today, and for all those reasons, we need to see action happening around this issue. We know that 99,000 Canadians were victims of intimate partner violence, predominantly composed of women. Of those, in 500 incidents of intimate partner violence in that same year, 2018, firearms were present.

What does the member propose to tackle the increasing rates of intimate partner violence using guns?

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Madam Speaker, through the use of the yellow flag and red flag I think we would start to move in that direction, but there is a lot more we need to do. Working together with organizations that have been advocating for us to do better, we will continue to do so. I think that means doing everything, including ensuring people who pose a threat or risk to their partner cannot get their hands on guns. That is a very important step, and by passing this law we would make it harder for those who choose to engage in partner violence by taking that option off the table for them, which is critically important, because we have to protect our families, our communities and people in our society.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, I just want to know how long the member researched that speech. Did he in fact make a material contribution or was it prepared for him?

[Taleeb Noormohamed, Liberal, Vancouver Granville, BC]

Madam Speaker, the hon. member is more than welcome to come over here to look at my notes and look at my computer, if he would like.

[The Assistant Deputy Speaker, Carol Hughes]

Is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Lanark—Frontenac—Kingston, Correctional Service of Canada; the hon. member for Spadina—Fort York, Taxation.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, as always, it is an honour and a privilege to be able to enter into debate on the important issues that are facing Canadians.

It is interesting. I have been listening closely to the debate that has transpired over the course of today. Contrary to the government's justification for moving closure, the only three hours and 26 or 24 minutes of debate that has taken place on a previous day on what is a significant piece of legislation that impacts millions of Canadians, millions of law-abiding firearms owners, failed to actually address the lofty submissions that the government has tried to make clear.

I am proud to be a member of Parliament who represents a large rural area. I have spoken to numerous constituents over the last number of days and weeks since the most recent iteration of the Liberals' attack on law-abiding firearms' owners and it fails to address the real problems that are leading to a significant increase in violent crime in our streets and a troubling and alarming increase in crime in rural areas. It fails on both those fronts.

I have spoken with many constituents, young, old, professionals, those who have grown up using firearms and those who came to use them later in life. Notably, two stuck out from my calls over the past couple of weeks. One was a retired school principal and his wife, who came into the hobby of sport shooting. They called and asked me to reach out to them to discuss Bill C-21. They pleaded with me to try to bring some sense to the debate that is taking place regarding firearms in this country, to which I promised that I would try. Unfortunately, it seems that politics and rhetoric have blinded those on Canada's left to actually having a constructive dialogue.

I spoke yesterday with a 24-year-old man who is very concerned about how this would impact his ability to participate in his favourite hobby. He is a young, budding electrician, just finishing up his time at a polytechnic in Alberta, who is excited to get to work and start being able to invest in his hobby, yet the Liberals are taking away those opportunities.

Here we are again. Time and time again, when the Liberals dive in the polls, we can expect this sort of legislation to come forward. We see the importation of wedge issues into discourse within our country. We have seen it time and time again, certainly over the course of the time I have been elected. As I look back over my involvement in politics, this is the exact way the Liberals approach these issues.

Whether it be firearms, the issue of abortion or vaccines, an issue that was not controversial up until our Prime Minister decided to run an election campaign on it, that sort of wedge politics does not actually result in good public policy, and we see that being the case here today.

I did want to share a couple of statements that I think, hopefully, the governing Liberals would take seriously: “The long-gun registry, as it was, was a failure and I'm not going to resuscitate that”. Do we know who said that? It was the Prime Minister.

He went on to say, “I grew up with long guns, rifles and shotguns”. The Prime Minister said that, and then, going on, he said, “Yes, the RCMP guarding me had handguns and I got to play with them every now and then”, adding that the RCMP were very responsible around him and his siblings.

The now Prime Minister, then individual who was running to be Prime Minister of the country, went on to say:

I was raised with an appreciation and an understanding of how important in rural areas and right across the country gun ownership is as a part of the culture of Canada. I do not feel that there's any huge contradiction between keeping our cities safe from gun violence and gangs, and allowing this important facet of Canadian identity which is having a gun.

“Having a firearm is 'an important facet of Canadian identity'.” That was said by the then leader of the Liberal Party when he was running for office and needed some rural votes to build a coalition that obviously was calculated at the time to be successful. He did win the 2015 election, but how things have changed since that point in time. I can only come to the conclusion that it is a flip-flop, like many issues on which the Prime Minister takes a position. When things change, in terms of the political benefit or strategy of the day, that position in many cases takes a 180°. We see a backdoor gun registry: It is not a government-administered centralized gun registry, as we have seen in the past, but we have seen the Liberals implement that.

I have heard some of my colleagues talk today about some of the challenges when it comes to indigenous peoples, the reality of the indigenous way of life and the importance of firearms ownership that the Liberals may be taking away from them. I am a rural member of Parliament and a firearms owner. Having gone through the significant process, I will take a brief moment to say that all members of Parliament in this place, whether they own guns or not, should take the time and put in the effort to get their possession and acquisition licences. I suggest they would be very pleased with the fact that we have a strong suite of rules and structures that ensure there is safe firearms ownership in this country. I find the lack of understanding with regard to that very troubling, when it comes to making public policy and the legislation we have before us.

We have a significant issue when it comes to rising crime rates. There is no question. Conservatives even endeavoured to split this bill. We brought forward a motion to see parts of this bill go forward, but the Liberals said no because it did not fit their political narrative. We see a significant issue when it comes to illegal guns. We see a significant issue when it comes to mental health. We see a significant issue when it comes to rural crime and the challenges with law enforcement in many areas of our country. Bill C-21 does not address those things. It is pure and simple: It does not.

It is unfortunate that while there are several million gun owners in this country, there are many people who have not had the opportunity to understand that firearms, in many cases, are tools. This would be no more evident than when I had a dialogue with the then minister of public safety in the last Parliament. We had a discussion in the aftermath of a very tragic circumstance. I will get to some recent revelations about that in just a moment. Firearms can be used as weapons, as can anything else used with the intent to harm. A firearm is also a tool. It is something that any rural individual who has farmed, ranched, hunted or whatever the case may be has used as either a weapon or a tool. I would suggest the Liberals should be very cognizant of that reality in this place.

I would simply highlight that the allegations made today in a published article related to the shootings in the Maritimes cannot be understated. The Liberals seem to dismiss how serious the possibility of political interference in an investigation is. As I read this article just prior to question period, I was astounded by how it appears there was blatant political interference in what was an absolutely tragic circumstance. It is something that should never have happened. The fact that the government, at least according to the allegations, would go to those lengths to try to leverage a tragedy such as that for its political benefit speaks to how all Canadians and all legislators in this place should be very hesitant about passing a bill when they are willing to go to those lengths to deceive Canadians.

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

Is the member not doing the exact same thing, Madam Speaker? He is literally doing what he is accusing the government of. He says that the government is using a crisis, an extremely horrendous event, as a political opportunity, but the Conservatives are doing that today by bringing this up during this debate and during question period. The member is doing it right now. He is using that incident as an opportunity to promote his political agenda.

I find it very rich and ironic that he would stand there and suggest that this side of the House used an opportunity when the Conservatives are the ones politicizing it right now.