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.

Criminal Code

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, first, I would like to acknowledge the member's speech. He spent a lot of time talking about the root causes and the need to address those. To me, the key thing is to sort out the poverty, the drugs, the gangs and the crime in the country if we really want to get down to reducing gun crime.

I would like the member to clarify something. He mentioned that he thought it would be statistically impossible to get to some of the data. I want to remind the member that every legal handgun in Canada is registered. Whether they are straw purchased or not, they are registered, so it is not difficult to figure out how many legal handguns are involved in gun crimes in this country.

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

Madam Speaker, I agree with my hon. colleague. I do not have the statistics in front of me, but I can assure my colleague that I have seen them. I was reading them in preparation for the speech. The issue, though, is when it comes to legal firearms, handguns or long guns that have been stolen. The discrepancy is with the ones that were reported missing and ones that were reported stolen versus the ones that were recovered. Yes, handguns especially have been registered and they are in the system, but there is a discrepancy between the ones that were reported stolen and the ones that were actually recovered. We know that some of those legal firearms are still out on the street. They could potentially be used to commit crimes and they may never be recovered. I think that is the discrepancy I was referring to.

He is absolutely right. We do not know what we do not know. If we are going to have an adult conversation about this, the Government of Canada needs to give Statistics Canada the proper resources so that we can paint a picture, not only for the citizens of Canada, but for the law enforcement that does that important job for us every single day.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Madam Speaker, my colleague spoke about AR-15s and the mandatory buyback program for assault weapons. I did not have time to talk about this in my speech earlier, but I would like him to comment on how the government has decided to proceed.

The government started by banning 1,500 guns effective May 1, 2020. Today, the list of banned guns has grown to nearly 1,800, including the AR-15, which is quite popular and was used in certain unfortunately notorious shootings. However, guns that function much like the AR-15 are still being sold. For example, the WK-180 uses the same ammunition and is still on the market.

The gun lobby, gun shops and gun sellers are finding ways to get around these regulations. Even if we continue to add gun models to the blacklist, others will come on the market. We proposed including a definition of a prohibited assault weapon directly in the Criminal Code. That way, they could all be put in the same basket and would be banned all at once instead of one by one. What does my colleague think about that?

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

Madam Speaker, I remember in May 2020, when that Order in Council was issued, I got a lot of feedback from my constituents in Cowichan—Malahat—Langford. Overwhelmingly, their frustration was with the suddenness of it: the fact that Parliament never had the opportunity for its elected representatives to debate it. Their preference, overwhelmingly, would have been to have Parliament debate that issue.

I acknowledge my colleague's concern on the lack of a proper definition. I think that both she and I will have questions for the government members on the committee about what they intend to do and whether that loophole is something that needs to be fixed in Bill C-21, and I will be looking forward to the Liberals' response in that regard.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I thank my colleague for Cowichan—Malahat—Langford for the information that he brought to the debate and also for the tone, which I think is quite constructive. The member recognized that there are many lawful gun owners in Canada who have a culture of responsible use, but that we nevertheless have a serious problem with gun crime in Canada. Part of that has to do with the diversion of legitimate weapons out of the homes of responsible owners and into the hands of those who would use them to harm Canadians.

We have heard some discussion in the House tonight from Conservatives, which I welcome, talking about the root causes of crime. I also remember that their government, first of all, made the classification system for prohibited weapons and took it out of the hands of Parliament so that cabinet could do it directly, which is something they later complained about. I remember that the Conservatives cut hundreds of jobs from the CBSA and over $140 million in funding. I know that they defunded a number of programs that addressed questions of poverty. In fact, when we talk about things like a guaranteed annual income and various other kinds of supports that would help people living in—

[The Assistant Deputy Speaker, Carol Hughes]

This is questions and comments, and the hon. member has already been going for one minute. I have other people who want to ask questions, and so I will go to the member for Cowichan—Malahat—Langford for an answer.

I would ask members to maybe look at me so that I can give them the signal of when to wrap up.

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

Madam Speaker, I appreciate the member's intervention, and I will focus on his remarks about the CBSA.

It is true that the CBSA is still recovering from those cuts, but I think we also need to have a conversation about its role and responsibility. Currently, the CBSA is limited to operating at Canada's ports of entry, and if CBSA officers see illegal activity that is happening outside of a port of entry, they have to call the RCMP in. This can sometimes result in some snafus between the two agencies working together, so we may need to have a conversation about expanding the mandate of the CBSA and also providing the funding so that CBSA officers can do their jobs and keep those illegal firearms from coming into Canada.

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

Madam Speaker, I thank the member for Cowichan—Malahat—Langford for an excellent speech, and particularly for reflecting on the complexity, such that we do not know what we do not know.

In looking at the statistics, it is counterintuitive that more violent deaths occur in rural areas in Canada. This is probably legal gun owners and a lot of violence within families. One would think that urban guns were where we were getting more violent crime, but it is actually less than in rural areas. Urban areas are associated with more actual criminal activities, but fewer deaths. It is complicated.

I want to come back to the member's closing comments to the member for Elmwood—Transcona. The Canada Border Services Agency is not just short of funds, but it is also short of credibility. It has a very high rate of reports of racist incidents, and it also has no oversight body. Does the member have any comment on the need for an oversight body for CBSA?

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

Madam Speaker, I was very happy to see the government also introduce Bill C-20, which is the result of some very considerate recommendations from a report in the previous Parliament on systemic racism in policing in Canada. That bill would set up a public complaints and review commission: It is a stand-alone piece of legislation, a stand-alone agency, that would have the authority to investigate both the CBSA and the RCMP. It would require statutory timelines for responses to its investigations, and it would have the funds necessary to hold both of those law enforcement agencies to account.

[Patty Hajdu, Liberal, Minister of Indigenous Services and Minister responsible for the Federal Economic Development Agency for Northern Ontario]

Madam Speaker, I will be sharing my time with the member for Davenport.

It is a true honour to be able to take part in this debate tonight on Bill C-21. This historic legislation builds on the government's previous work to end gun violence and keep Canadian communities safe.

My friends across the aisle often speak about the need to address gun smuggling and trafficking that contribute to gun violence. This bill would do that by strengthening border control measures, increasing penalties for trafficking offences and providing law enforcement with better tools to investigate gun crimes. This bill would also implement a national freeze on handguns, and it addresses many concerns that survivors of gun violence, experts, advocates and chiefs of police have raised.

Tonight, though, I want to focus my comments on the survivors of intimate partner violence, who have been asking for laws like this for decades. Before becoming elected to represent Thunder Bay—Superior North, I ran a large homeless shelter where I heard countless stories from women who were fleeing the violence they faced from their intimate partners. I also worked with many young people who were trying to escape violent homes and violent realities.

Then, as minister of status of women, my first cabinet position, which I was so honoured to hold upon my election in 2015, I was told by many women and 2SLGBTQ+ people terrifying and emotional stories about how their partners used violence as a way to control and intimidate them. These stories are ones that I carry with me and that propel me to do more. I bring with me their determination and their requests for change.

Intimate partner violence does not only refer to physical harm. Abusers use control to dominate their partners and often a legally acquired registered and licensed firearm is the underlying threat that accompanies those control efforts. Victims of gun violence, women's groups and advocates who work so hard to protect the lives and safety of women and two-spirited people have spoken out for years, asking for stronger controls on access to deadly weapons that can be used to control women, sometimes with fatal finality.

Following the massacre of 14 female students at École Polytechnique, PolySeSouvient has advocated for stronger gun control so that families and communities would never again have to experience such excruciating loss. I have met with some of these families. I am in awe of their determination to change our laws and to better protect women. Their commitment means that they relive the loss of their loved daughter, sister or friend over and over in their work. In 1989, I was 23 years old, and I remember vividly the Polytechnique shooting and imagining being targeted solely because of my gender.

I will never forget, yet it was not until two years ago, under our Liberal government, that 1,500 assault-style weapons such as AR-15s were banned, which is something that women advocates had been urging for 31 years. Since then, over 300 more types of assault rifles have been prevented from entering the market, and the Conservatives have fought us on this action. Despite their tough-on-crime stance, they staunchly stood with gun lobbyists instead of survivors and families, but we knew that we could do more.

Women's advocates have worked for years to implore for changes that would legally allow for the removal of weapons after warning signs of violence, including for charges that are recorded in police databases. For too long, their voices were ignored. Despite the many, many calls for action and the many reports and the many studies, survivors of intimate partner violence were left unheard and women in abusive relationships were not protected.

Studies have shown that having a firearm in a home, even legally obtained, increases the likelihood of suicide and that victims of intimate partner violence are five times as likely to be killed if a firearm is present in the home. That is why these measures, such as a freeze on handguns and red flag laws, are so important.

Bill C-21 proposes the creation of red flag and yellow flag provisions. These provisions would make it easier for anyone who is threatened by the presence of a firearm in their home or by an individual who owns a firearm, to protect themselves and others.

The red flag regime would allow anyone, not just police, to apply to the courts for an immediate removal of an individual's firearm if they pose a danger. The yellow flag regime would allow anyone to ask a chief firearms officer to suspend and examine an individual's licence if there are reasonable suspicions that the person is no longer eligible to hold a licence.

There are also other situations where a person may be suicidal or who has openly advocated hatred or violence against someone, and these laws will save lives. In Canada, gun ownership is a privilege. It is not a right. Canadians earn the privilege of owning a firearm when they adhere to strict laws, regulations and requirements regarding licensing, training, storage and use of a firearm.

This is a principle that differentiates Canada from many other countries in the world and leads to less gun violence than other countries, including the United States. My heart is with so many families that have lost children, loved ones and partners through the rampant gun violence that is ripping apart communities across the country to the south of us.

However, we must not be complacent here in our country. We must listen to the voices of families and survivors. We must do better to protect each other and our communities from coercive control using firearms and the violence that could ensue.

In my riding of Thunder Bay—Superior North many people own firearms for hunting and sport shooting. The proposed legislation that was introduced last week would not restrict guns used for these purposes.

Canadian women have asked for action, and the Minister of Public Safety has stepped forward as an ally. We must all put our best efforts forward to pass this legislation and save lives.

As the Prime Minister said, we need more than thoughts and prayers. We need concrete action. That is exactly what Bill C-21 does, it provides concrete action to protect women and others from devastating violence.

I am very proud to support this bill at second reading, and I do hope that my colleagues will also support the bill.

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

Madam Speaker, it has come up in several debates this evening that there would be exemptions for the sport shooting community.

We have heard the term “expert sport shooters”. One becomes an expert by practising. Will the exemptions be carved out for those who are attempting to represent Canada on the international stage in that community, or is this bill a means to an end?

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, our government has been very clear that this is legislation that does not target hunters and sport shooters. In fact, in my own riding, I have a community of both hunters and sport shooters that are thriving and that are honoured by many of their neighbours, friends and colleagues.

This is about creating safer communities for all Canadians. Sport shooters can rest assured that we would not eliminate sport shooting nor prohibit new sport shooting enthusiasts from using business-owned handguns. In my riding, hunting has a long tradition amongst many families. The hunters I know do not use handguns to shoot a deer. Today's announcement will not affect hunters and farmers.

This is smart legislation. It is compassionate legislation. It is designed precisely to keep people, women, families and communities safe.

[Peter Fragiskatos, Liberal, Parliamentary Secretary to the Minister of National Revenue]

Madam Speaker, the minister spoke about victims and victim organizations raising their voices over the years and offering input that has been expressed in Bill C-21.

Could the member elaborate on that point, particularly for urban communities? We have seen that impact not only there but also in rural communities. I would like to hear her perspective on that.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Madam Speaker, as a person who worked closely with communities that have been traumatized by violence, I have met survivors of gun violence, victims of intimate partner violence and certainly groups of allies and advocates across the country in my political role.

The message continues to be the same, which is that Canada has to do more to protect women and vulnerable people, such as those in 2SLGBTQ communities, and that we need to do more quickly. As I mentioned in my speech, sometimes the violence is overt, as in guns are used in extremely devastating ways that end lives, but sometimes guns have been used in ways to control victims through coercive control. I know that is something that has come up in the House and at committees. I am looking forward to the ongoing work to address intimate partner violence, which exists in such endemic ways across our country.

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, I want to build off the question from my Conservative colleague and ask the minister to explain how businesses are supposed to take over this role of owning handguns for new enthusiasts. In my riding, I belong to the Owen Sound Revolver Club. It is out in the boonies. It does not have any ability to store a large number of handguns. It would have to leave a building unsecured or spend millions. I just do not know how the sport shooting community is going to adapt to that, especially in rural Canada, like where the minister lives.

I would like the minister to expand in greater detail as to how these active sport shooting communities with handguns are going to actually implement what she is suggesting would happen with Bill C-21.