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.

Justice and Human Rights

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Madam Speaker, I thank my colleague for his years of work on the issues of safety and improving safety throughout Canada.

I can share with him the fact that when I came here, 23 years ago, one of my issues was very much the issue of crime and safety.

I, too, lost a cousin who was an OPP officer in a terrible shooting. The results for the individual who performed the shooting were, I felt, very insignificant. I have talked a lot about these issues. I think they matter a lot to all of us as parliamentarians. At the same time, as we move forward, there is always the issue of being responsible and having to be responsible in how we bring in laws and how we enforce them and that we have to also make sure that we are considering everything, including the victims.

I would like to say to the hon. member, as we move forward, that many of us share concerns about how we improve safety, whether we are talking about Bill C-21, guns and knives or all of the rest of it.

Basic safety is critically important and I would like to look at how we can work better together to improve the judicial system and our laws and orders, and find answers.

Public Safety

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, those families are suffering again because of the inaction of the government.

The minister makes an art form of spreading misinformation. He said CSIS did not inform him that Beijing was targeting an MP, that Chinese-run police stations were closed and that Bill C-21 did not target hunting rifles. That was false, false and false. Now he says he did not know that Paul Bernardo was transferred to medium security. He has known since March.

Canadians deserve a public safety minister who tells the truth. This one, who threatens our safety with his deceptions, should resign.

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, my colleague across the way is not the final arbiter of trust. It is Canadians. We are working hard every single day to protect public safety.

We have introduced Bill C-21, which will take AR15-style guns out of our communities. The Conservatives want to make those types of guns legal again.

My colleague refers to the so-called police stations. The RCMP has repeatedly confirmed that it has taken disruptive action to stop foreign interference in relation to those so-called police stations.

On the matter of Paul Bernardo, there is an internal review. We are working with the families. We will always stand up for victims' rights.

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, to eradicate gun violence, we need strong laws and strong borders and strong prevention. We are rolling out a $250-million “building safer communities” fund to address the root causes that my colleague talks about.

However, I also want to call on the leader of the Conservative Party of Canada to free his Conservative senators and free the bill. Bill C-21 is in the Senate right now. We need to read it, debate it and pass it into law so that we can save lives. It is only the Conservatives who continue to stand in the way of this legislation. All other four parties in this House passed it. Let us save lives.

[Michael Coteau, Liberal, Don Valley East, ON]

Mr. Speaker, Bill C-21 was designed to be part of a larger solution to mitigating gun violence here in Canada. We know that banning handguns was one part of the solution, but we also know that preventive measures can have a major impact on gun violence.

Our government is investing resources into supporting programs and working with young people to prevent them from getting involved in crime at a young age. Can the minister please share with this House some of the steps we are taking to invest in preventive programs and services directly aimed at young people?

Government Business No. 26—Amendments to the Standing Orders

[Dave Epp, Conservative, Chatham-Kent—Leamington, ON]

Madam Speaker, the Conservative Party has respected the long-standing traditions of the House. We have even seen in this session of Parliament the government filibustered its own legislation at committee on Bill C-21.

I am not in a position to respond to that. Our track record as a party demonstrates the fact that we respect the traditions of the House and work at compromise. We have worked with the 100 and some-odd years of our Westminster parliamentary tradition, which has served us so well. I advocate using that going forward.

Sitting Resumed

[Claude DeBellefeuille, Bloc, Salaberry—Suroît, QC]

Madam Speaker, I am pleased to rise and speak this evening—although I must say the hour is late, almost 9 p.m.—to join the debate on Bill C‑47.

Before I start, I would like to take a few minutes to voice my heartfelt support for residents of the north shore and Abitibi who have been fighting severe forest fires for several days now. This is a disastrous situation.

I know that the member for Manicouagan and the member for Abitibi—Baie-James—Nunavik—Eeyou are on site. They are there for their constituents and represent them well. They have been visiting emergency shelters and showing their solidarity by being actively involved with their constituents and the authorities. The teamwork has been outstanding. Our hearts go out to the people of the north shore and Abitibi.

Tonight, my colleague from Abitibi-Témiscamingue will rise to speak during the emergency debate on forest fires. He will then travel back home to be with his constituents as well, so he can offer them his full support and be there for them in these difficult times.

Of course, I also offer my condolences to the family grieving the loss of loved ones who drowned during a fishing accident in Portneuf‑sur‑Mer. This is yet another tragedy for north shore residents. My heart goes out to the family, the children's parents and those who perished.

Before talking specifically about Bill C-47, I would like to say how impressive the House's work record is. A small headline in the newspapers caught my eye last week. It said that the opposition was toxic and that nothing was getting done in the House. I found that amusing, because I was thinking that we have been working very hard and many government bills have been passed. I think it is worth listing them very quickly to demonstrate that, when it comes right down to it, if parliamentarians work together and respect all the legislative stages, they succeed in getting important bills passed.

I am only going to mention the government's bills. Since the 44th Parliament began, the two Houses have passed bills C‑2, C‑3, C‑4, C‑5, C‑6, C‑8 and C‑10, as well as Bill C‑11, the online streaming bill. My colleague from Drummond's work on this bill earned the government's praise. We worked hard to pass this bill, which is so important to Quebec and to our broadcasting artists and technicians.

We also passed bills C‑12, C‑14, C‑15, C‑16, C‑19, C‑24, C‑25, C‑28, C‑30, C‑31, C‑32, C‑36 and C‑39, which is the important act on medical assistance in dying, and bills C‑43, C‑44 and C‑46.

We are currently awaiting royal assent for Bill C‑9. Bill C‑22 will soon return to the House as well. This is an important bill on the disability benefit.

We are also examining Bill C‑13, currently in the Senate and soon expected to return to the House. Bill C‑18, on which my colleague from Drummond worked exceedingly hard, is also in the Senate. Lastly, I would mention bills C‑21, C‑29 and C‑45.

I do not know whether my colleagues agree with me, but I think that Parliament has been busy and that the government has gotten many of its bills passed by the House of Commons. Before the Liberals say that the opposition is toxic, they should remember that many of those bills were passed by the majority of members in the House.

I wanted to point that out because I was rather insulted to be told that my behaviour, as a member of the opposition, was toxic and was preventing the work of the House from moving forward. In my opinion, that is completely false. We have the government's record when it comes to getting its bills passed. The government is doing quite well in that regard.

We have now come to Bill C-47. We began this huge debate on the budget implementation bill this morning and will continue to debate it until Wednesday. It is a very large, very long bill that sets out a lot of budgetary measures that will be implemented after the bill is passed.

I have no doubt that, by the end of the sitting on June 23, the House will pass Bill C‑47 in time for the summer break.

What could this bill have included that is not in there? For three years, the Bloc Québécois and several other members in the House have been saying that there is nothing for seniors. I was saying earlier to my assistant that, in my riding of Salaberry—Suroît, we speak at every meeting about the decline in seniors' purchasing power. I am constantly being approached by seniors who tell me—

[Peter Fragiskatos, Liberal, London North Centre, ON]

All I'm saying is that the effect would be the same whether one wishes to call it a leak, which I won't in this case. I'll indulge you on that one point, but when we have any organization looking at this and asking if we have fairness in our tax system, I think they can say yes.

They might have issues with the Canada Revenue Agency. That's fine. That's democracy. Many Canadians have the ability to raise concerns about the CRA. There is an appeals process and so on and so forth, but it starts from the very basic understanding that the tax agency is fair and is not going to, for example, divulge information on a whim or on a request by a parliamentary committee for political purposes.

Where is it going? It's ultimately going towards creating an environment of mistrust that organizations, whether they are charities or businesses.... The Conservatives used to style themselves as the party of businesses, of the free market, of entrepreneurship. Business needs, almost by definition, a level playing field. That includes a tax agency that is fair. If a tax agency is asked, in this case by a parliamentary committee, to reveal the information of a particular organization.... We're talking about charities here. It could just as well be a business. There is nothing preventing a future committee from looking at Mr. McCauley's motion and saying, “Let's gather the information that the CRA has about this business”. Then the level playing field I talk about is not in place.

That is a huge problem. This is an advanced democracy. This is a G7 country. Yes, we have many challenges, but we're still one of the most advanced democracies in the world, where people come to learn the practice of democracy. Now we're going to ask our tax agency to reveal the confidential information it has about a charity organization. There are huge problems that come from that.

Ultimately, the T3010 form that is mentioned and that Mr. McCauley is seized with—let's just be sure of our terms here—is an income tax return for charities. That is what that form is, so the information in that is quite sensitive. I wouldn't ask you, Mr. Chair, or any colleague here to see your income tax return. That's a private matter. Could you imagine if we started asking the Canada Revenue Agency for individuals' tax returns? It's not that different in terms of what's being asked for here.

This is an enormous breach of parliamentary obligation that can't be allowed to stand for the reasons I've mentioned, which are new reasons that build upon what Mrs. Shanahan has already offered. Committees set precedents. That is the case. We have to be very careful about the precedent that is set here.

What will the business community think when it becomes clear, as it is already becoming clear, that it's the Conservatives who are trying to obtain particular documents that are protected under privacy provisions? What will they think, if this were to go through, about what this Parliament is all about? They have privacy rights, as all Canadians have the right to privacy. It's a very curious and strange motion and amendment that the Conservatives have put forward for that reason. Again, it's about fairness, a level playing field. This is what's required in the charitable sector, in business and in all realms of Canadian society and democratic life.

I see that my colleague has something that she wants to share, and I'll give up the floor in a moment. I'm interested to hear what Mr. McCauley says, particularly on this point about protections. I'm stunned that someone who has been a parliamentarian for so long has neglected to put that forward.

To go back to my other point about precedent setting, I mentioned an organization that represents the gun lobby. It's probably the lead organization in the country when it comes to lobbying on guns. If the Conservatives want to go down this path, it opens up the floor entirely. I'd love to hear what Mr. Desjarlais would have to say on this.

They want to know about the ins and outs of a particular charity organization or not-for-profit organization. They've used the Pierre Elliott Trudeau Foundation in this case. They must understand that this does open the path for any member of this committee to put forward a motion to obtain information from any organization, whether it's relating to the gun lobby or other organizations that seem to be close to the Conservative Party and actually are close to the Conservative Party.

I'm not sure that they've thought this through. There is a domino effect to what they are trying to pursue with respect to the Pierre Elliott Trudeau Foundation. I'm not saying that this is the direction the committee should go, Mr. Chair. Again, I put forward an idea. I don't know if colleagues across the way have considered it. I know the Conservatives won't, as I've said.

Colleagues in the Bloc and colleagues in the NDP, I am ready to put forward a motion that would have us get back to what this committee is all about, which is to delve in and understand things like climate change. We could look at other things like poverty, for example, and what the Auditor General says about where things are at as far as poverty is concerned in Canada.

I do note, Mr. Chair—and it is relevant to the conversation because I am going to mention the Auditor General—I would love to know what the Auditor General would have to say on the plight and position of children living in poverty in the modern day. I know that we have seen some substantial declines in child poverty. The Auditor General could look at the overall landscape, not just in terms of federal policy but provincial and municipal policy, as those policies relate to what we do on the federal side. That would be a much more serious and substantive approach to take with respect to what this committee is all about.

Instead, we're putting forward a motion that, if taken to—I used the phrase before—its logical conclusion, would have us examine the ins and outs of the gun lobby. The Conservatives are opening a huge can of worms here for themselves. It's stunning. Let's look at their income tax return. Let's look at that T3010 form, for example. Is that something that the Canadian Coalition for Firearm Rights is interested in divulging? I would think not, Mr. Chair.

Let's better understand their political activities. If they want to politicize this committee, then naturally, by definition, they want to politicize the analysis of charity organizations. They are trying to do so with the Pierre Elliott Trudeau Foundation.

Again, take that to its logical conclusion. What are the political activities of that particular organization—the Canadian Coalition for Firearm Rights—or other gun lobby organizations vis-à-vis the Conservative Party? Have they been involved in helping to craft the overall public safety policy of the Conservatives with respect to guns? We don't know that. Is there anything in CRA documents that would show particular relationships of that kind? Perhaps there are. Is there anything in terms of foreign funding to be concerned about, with the National Rifle Association, for example? Are they involved in helping to fund particular gun lobby organizations?

I won't only focus on one. There are a few that we could put forward in terms of a motion. I think we would have opposition support for that because, while there are differences between the Bloc, the NDP and the Liberals—many differences—there is much more in common among the Bloc, the NDP and the Liberals on things like gun policy and responsible gun ownership. We saw this recently with Bill C-21 and there are other examples. The Conservatives are going down a path where this can of worms is a very real one for them.

National Day Against Gun Violence

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Madam Speaker, today is the inaugural National Day Against Gun Violence. For far too many in our country, gun violence is a deeply personal tragedy that has claimed loved ones, shattered dreams and robbed our sense of security.

Many will recall the Danzig Street shooting in the summer of 2012 in my riding of Scarborough—Rouge Park. A gunman fired into a crowded block party, killing two young men and wounding 22 others. Even with the passage of time, the pain and loss linger. Let us honour the memories of victims and support the survivors by wearing white, the colour of peace, and raising awareness around gun violence.

As a government, we are taking decisive action to address gun violence with Bill C-21. Today, I call upon the leader of the opposition in the Senate to stop obstructing the passage of this bill.

Finally, I want to thank the Toronto Raptors for their collaboration and advocacy in making this day a reality.

[The Chair, Liberal, Ron McKinnon]

I now call this meeting back to order.

Before we carry on with our officials, I want to point out that we need a bit of an adjustment to our budget on Bill C-21.

I believe that all members have received a copy of the supplementary budget. I'm wondering if it is the will of the committee to pass the supplementary budget at this time. Do we have agreement on that?

Criminal Code

[The Speaker, Liberal, Anthony Rota]

It being 3:10 p.m., pursuant to order made on Thursday, June 23, 2022, the House will now proceed to the taking of the deferred recorded division on the amendment to the motion at third reading stage of Bill C-21.

The question is on the amendment.

The House resumed from May 17 consideration of the motion that Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be read the third time and passed, and of the amendment.

Sitting Resumed

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, it is an honour to close out debate this evening on Bill C-21, and it is an honour, as always, to stand in this House and represent the constituents from the great riding of Fundy Royal who elected me. Many of those constituents enjoy hunting, farming and sport shooting and maybe have inherited a firearm from a relative. Hunting in my riding certainly is something many people like to partake in and enjoy.

What is the problem we are trying to go after? It is gun violence. What the facts tell us is that 80% of the firearms used in violent crime are illegal. What are some of the figures? Violent crime is up 32% in Canada in the last eight years. Gang-related violent crime, the stuff Canadians are talking about, seeing in the news and hearing about in their local newspaper, is up almost 100% in the last eight years. What about crimes that are committed with firearms? Eighty per cent of the firearms used in violent crime are obtained illegally. We have an illegal firearms problem in Canada.

What is the solution when we have an illegal firearms problem? We should go after the illegal firearms. The last thing we should do is spend valuable resources going after law-abiding, licensed firearms owners in this country. However, we should not be surprised that this is the approach the government took. We have to remember this is the same Liberal government that brought in Bill C-68, or the long gun registry, and that spent, according to the Auditor General, over $1 billion registering the firearms of law-abiding Canadians while having no impact on crime.

It is the same government that brought in Bill C-5. What did Bill C-5 do? I mentioned that we have a problem with illegal firearms. Bill C-5, which was introduced and passed under the current government, repealed mandatory prison penalties for many firearms offences. They include robbery with a firearm, extortion with a firearm and weapons trafficking. These are the types of offences that Canadians would expect someone convicted to go to jail for. Unfortunately, Bill C-5 removed mandatary jail sentences for those crimes, so we are not going after the illegal guns and we are not going after the criminals.

The figures should get the attention of all members, no matter what side of the aisle they are on. In Toronto alone, one half of murder suspects this year are out on some type of release. In 17 of 44 homicides in Toronto last year, the individual was out on bail. We have a major problem in this country when it comes to gang-related violence and firearms violence with the revolving door, the catch-and-release, of our bail system.

The government had an opportunity with this bill to tackle some of those things. Instead, what it did is went after everyday, law-abiding Canadians, the type of Canadians I represent in my riding of Fundy Royal.

As parliamentarians, we need to take the issues that confront us in this country seriously. This bill does not do that. The government showed its hand when it brought it an amendment that would have banned all kinds of hunting rifles, rifles that have been in families for generations. These are not the problem. Law-abiding Canadians are not the problem. Licensed firearms owners are not the problem. Spending billions of dollars of taxpayers' money to buy back and confiscate firearms from law-abiding citizens is not the solution.

When this bill is fully implemented, Canadians will not be one bit safer. Until we have the courage to tackle the revolving door of catch-and-release bail and until we have the courage to say that those who do serious crimes are going to get a jail sentence, we will continue to have these problems in Canada. We need to leave law-abiding people alone and go after the bad guys, and that is what the Conservatives will do.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, the Conservatives are going off on a completely ridiculous tangent right now.

My hon. colleague talked about the firearms advisory committee. I would ask him to find where, in Bill C-21, that is mentioned. I will give him a hint. It is not there. He should take a look at the public safety website because he would see that the firearms advisory committee is a body that already exists.

At the risk of repeating myself for the nth time today and yesterday, I would challenge my hon. colleague to name one rifle or one shotgun that is in this bill that would be prohibited. I ask the member to give me one model, unlike all of his colleagues before him.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, I would like to take a second to thank the interpreters. I know that my speeches can be challenging for them sometimes and I want to take the time to thank them.

I thank my colleague for his speech. We sense that he did his work and reflected on Bill C‑21 very constructively. I would be curious to hear his thoughts on the bill's process.

Are there aspects that he was reticent about at some point? Are there amendments he would have wanted to move? Are there amendments that were moved that he applauds? Following the adoption at third reading, does he have confidence that the Senate will be able to respond quickly to pass Bill C‑21?