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.

Sitting Resumed

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

Mr. Speaker, at the end of his speech, my colleague admitted that we need to work harder for gun control, particularly to crack down on illegal firearms trafficking. I completely agree with him.

The legislative summary we received from the Department of Public Safety and Emergency Preparedness on Bill C-21 had many subheadings on various subjects. It said that Bill C-21 does more to crack down on illegal firearms trafficking, but the bill contains only one measure in that regard.

In Bill C-21, we see that the government wants to crack down on illegal firearms trafficking by increasing the maximum sentences for those convicted of such a crime. We are wondering how effective that measure will be, because we know that criminal groups usually use people with no criminal records to bring in firearms. Then, since they do not have a criminal record, they are given shorter sentences.

Right now, the maximum sentence is 10 years, but that is a penalty very rarely handed down. Will it really change anything to increase that maximum sentence to 14 years?

I do not think so, and I think my colleague might agree with me.

[Brendan Hanley, Liberal, Yukon, YT]

Mr. Speaker, I thank my colleague for her question and for her work on the Standing Committee on Public Safety and National Security.

I can tell her that there are many targeted measures at the border. For example, $300 million is being invested to enhance the intelligence and investigative capacity of the Royal Canadian Mounted Police and the Canada Border Services Agency to stop the flow of illegal weapons across the border. We have brought in many measures that we hope will address this complex problem.

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

Mr. Speaker, the hon. member for Yukon began his speech referencing the mass casualty report, and I just recently had an exchange on it with another member.

The mass casualty report on the events of April 18 and 19, 2020, in Nova Scotia is really a ground truthing of why we need to change our laws. The concepts of gender-based violence, violence against intimate partners and coercive control should permeate the ways in which we look at how we prevent the use of any weapon in ways that kill one person, such as an intimate partner, or cause a mass casualty. The mass casualty report is a deep report of over 3,000 pages of solid evidence that 22 people in Nova Scotia did not need to die.

They died because, despite various reports over many years of the predilection of a rural Nova Scotian to collect illegal guns and to have an illegal police car, which looked just like a real police car, and reports that he was violent toward his partner, over and over again, for more than a decade and a half, the police did nothing.

I wonder if the hon. member for Yukon could reflect on whether he sees Bill C-21 as making a difference in a circumstance such as this in the lives of rural Canadians.

[Brendan Hanley, Liberal, Yukon, YT]

Mr. Speaker, I would say a few things. One is that the mass casualty report, to its credit, hugely emphasized prevention and how much more we need to do in prevention. As well, as the member described, opportunities for early intervention are really part of prevention. The other thing is that, as I pointed out earlier in my speech, the red-flag and yellow-flag laws would have that capacity to help address these situations for preventative early intervention.

[Rachel Bendayan, Liberal, Parliamentary Secretary to the Minister of Tourism and Associate Minister of Finance]

Mr. Speaker, we are here at this late hour to debate Bill C-21 and, more broadly, gun control in Canada.

There is no doubt that if this bill passes, it will be the most significant reform of our gun control laws in over a generation. I would like to take a few moments now to explain why the fight against gun violence and in favour of stricter gun control is so important to me. It was in my community of Outremont, at École Polytechnique, that we experienced an unthinkable tragedy over 33 years ago.

I often think of that evening. I still vividly remember that we were waiting for my father to arrive for dinner. I was waiting for my father at the window beside the door. We did not know why he had not yet returned from his job at the university. I remember seeing my father return with a sombre look on his face. I remember him explaining what he saw at Polytechnique the evening of December 6, 1989. I was nine years old. I asked him why 14 women had been struck down. It was simply unfathomable for the young girl that I was.

I remember that day on December 6, 1989, not just with deep sadness but also with renewed determination. The survivors of that tragedy, those courageous and resilient women, transformed their pain into action. I am thinking mainly of Nathalie Provost, who was shot and has dedicated her life since then to fighting for better control of firearms in Canada. I want to thank her and the entire PolyRemembers team for their relentless fight, even when they have to face the constant and often shocking attacks of the gun lobby.

Canada should never again have to witness such a tragedy. We have a collective responsibility to make sure firearms do not end up in the wrong hands. We must act with courage and determination, just like the Polytechnique survivors. That is one of the reasons I made gun control one of my top priorities in my political career.

Another important motivation for me in my fight for stronger gun control is based on the numbers. The numbers do not lie. They are not emotional.

Let me start with my friends and neighbours to the south. There was a time when gun ownership was not so widespread in the United States and when gun control policies still garnered some consensus in America, and I am not talking about ancient times. In 1993, the U.S. Congress passed legislation to establish background checks and waiting periods. In 1994, the federal assault weapons ban came into force, prohibiting the manufacture of many types of semi-automatic firearms for civilian use. This law, which also banned large-capacity magazines, had tangible results. During the decade it was in effect, the number of mass shootings in the United States fell by 37%, and the number of people dying from mass shootings fell by 43%.

Unfortunately, this law was allowed to expire in 2004, followed by a heartbreaking surge in mass shootings. Between 2004 and 2014, mass shootings in the U.S. rose by an alarming 183%, nearly 200%. Mass shootings are now a daily occurrence in the United States. In fact, last year, there were nearly two mass shootings, on average, every single day in the United States. Streets, schools and places of worship are the backdrops for these tragedies. Fire drills have been replaced by gun drills in elementary schools across the United States. Is that what we want for Canada? I certainly do not.

Today, America has had over 390 million firearms sold to private individuals, outnumbering the U.S. population in its entirety. This represents a 63% increase in the last two decades alone. Policies matter. The impact of looser gun laws and unbridled gun culture is as clear as it is devastating.

In Canada, although we, thankfully, have more restrictive gun laws and fewer shootings, since 2013, we have seen an alarming increase in firearm-related crimes. The biggest spike actually occurred between 2013 and 2015, when Statistics Canada reported a 30% increase in the firearm-related crime rate. Since then, it has, unfortunately, continued to rise, albeit much more slowly. As is often noted in this debate on Bill C-21, many of the weapons used in these crimes are illegally imported from the United States into Canada, demonstrating again how the prevalent American gun culture and looser gun laws can cross borders and impact us right here at home.

We need to confront the reality of these numbers, because they are not just statistics. They tell a story. We must continue to enhance the RCMP and CBSA’s capacity to detect and disrupt gun smuggling. That is why our government has once again invested in the initiative to take action against guns and gangs, that is why we must continue to crack down on gun trafficking and that is why Bill C-21 would increase maximum sentences for firearm smuggling.

Listening to some of the arguments from my Conservative colleagues, one could be led to believe that we, here in Canada, have some kind of U.S.-style right to bear arms. That is simply not the case. There is no such right in our country. There is no such provision in the Canadian Human Rights Act and there is no such provision in the Canadian Charter of Rights and Freedoms or anywhere else. This issue was adjudicated and resolved about 30 years ago at the Supreme Court of Canada, in the case of R. v. Hasselwander, where Justice Cory, writing for the majority on the court, stated, “Canadians, unlike Americans do not have a constitutional right to bear arms.” He went on to explain that most Canadians put more value in the peace of mind and sense of security that comes with prohibiting the proliferation of dangerous weapons. I could not agree more.

The gun lobby and the Conservatives who choose to be the mouthpieces for the gun lobby have been consistently misleading Canadians, and this needs to stop. Instead of promoting disinformation or importing American gun culture or America’s laws and politics, we should be focusing on keeping our Canadian communities safe and keeping handguns and assault weapons away from our kids, away from our schools and away from our streets.

I do want to be clear, though, that there is a time and place for some of these weapons. Some belong on the battlefield. Semi-automatic assault weapons should be in the hands of those brave Ukrainians fighting for their democracy. Hunting rifles belong in the hands of hunters who safely practise their sport. We respect the long-standing tradition of hunting in Canada, and nothing in Bill C-21 would get in the way of that, but no one needs an AR-15 or a 10-round magazine to hunt a duck or an elk. Those who do should probably find another sport.

I could go on at length about what I think about Bill C-21, but I would like to quote what Wendy Cukier of the Coalition for Gun Control has said:

No law is ever perfect but Bill C-21 is a game changer for Canada and should be implemented as soon as possible. The law responds to most of the recommendations of the Mass Casualty Commission and the demands of the Coalition for Gun Control (CGC), which, with more than 200 supporting organizations, has fought for stronger firearm laws for more than thirty years.

In just the past 24 hours in Montreal, our community has had two incidents of gun violence, in other words two murders. That is something we do not want to get used to in Montreal, in Quebec or in Canada. We cannot and will not tolerate this.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

Mr. Speaker, I appreciate the speech from the member opposite, although this is coming from the party that seems to detest American-style politics. All the member did was talk about what is going on in the United States. I do not remember once, not ever, anybody on this side of the House saying that it is a right to own a firearm. Conservatives have always said it is a privilege, and we have always said that privilege comes with responsibilities. We have never said it is a right.

I also listened to this debate and heard talk about misinformation and disinformation. That is a massive piece of it. Conservatives had to sit here and listen to that. We had to listen to what is going on in the United States. What does that have to do with what is going on in Canada? If the member wants to talk about that, she could talk about Chicago. It is a gun-free zone and it has double-digit homicides every single weekend. We can talk about Mexico if we want. It has massive gun control. Who has all the guns? It is the cartels, but that has nothing to do with what we are talking about.

When will the member get serious about what is going on in this country, strengthen our border and reduce the number of guns that are smuggled?

[Rachel Bendayan, Liberal, Outremont, QC]

Mr. Speaker, I appreciate that my Conservative colleague opposite has very clearly stated that gun ownership is not a right in this country, but a privilege.

What we have done in Bill C-21 is increase sentencing for violent crimes that use handguns. What we have done in Bill C-21 is reinforce our borders with additional funding in order to ensure that our security personnel can intercept gun traffickers and we can curb gun smuggling from the United States into Canada.

I would like to know why the Conservatives, if they are serious about tackling gun smuggling, are voting against Bill C-21.

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

Mr. Speaker, the parliamentary secretary mentioned the tragic massacre at École Polytechnique, which is in her riding. She mentioned the work of PolyRemembers and that of Nathalie Provost, who was shot that day.

I do not know whether the parliamentary secretary is aware that, with Bill C‑21, her government is breaking the promise that it made to PolyRemembers. PolyRemembers asked the government to ban assault weapons. With the passage of Bill C‑21, 482 models of assault-style weapons will remain on the market in Canada. That includes the WK180‑C, a semi-automatic weapon that works exactly the same way as the AR‑15, which has already been banned.

I do not know whether my colleague is aware that, since 2015, all her government has done is disappoint PolyRemembers.

[Rachel Bendayan, Liberal, Outremont, QC]

Mr. Speaker, I thank my Bloc Québécois colleague for the work that she did on the committee responsible for this bill. The committee worked hard so that the House could debate Bill C‑21.

As she is well aware, I work very closely with PolyRemembers. I know that it is important to PolyRemembers that we provide a definition of assault weapons. What we are doing in Bill C‑21 is a first step in that direction. There will be a definition in the bill. We also set up an advisory committee to analyze the 482 models of assault weapons that my colleague referred to.

I would also like to say that our work is not finished. It has only just begun.

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

Mr. Speaker, I want to ask my colleague about other sport shooting disciplines. She may be aware that her Liberal colleague from the riding of Kings—Hants gave a very passionate defence at committee for including organizations like the International Practical Shooting Confederation. Other countries that have handgun bans have allowed members to train for this. Even the Canadian Association of Chiefs of Police has asked for law-abiding handgun owners to be able to practise their sport.

Why have the Liberals been so steadfastly against this when other countries have set examples? The members of her own caucus are arguing for it, as is the Canadian Association of Chiefs of Police.

[Rachel Bendayan, Liberal, Outremont, QC]

Mr. Speaker, I must admit I have been deeply disappointed in the position the NDP, the supposed progressive party, has taken on gun control in this country.

I understand that my colleague would like to have seen an exception for IPSC, which is a sport shooters association. The reality is that the president of IPSC indicated that he would very much welcome an exception because it would allow his members to essentially purchase handguns despite the handgun freeze in effect in this country, thereby creating a huge loophole in the bill that is before us. I am glad that—

[The Acting Speaker, John Nater]

Resuming debate, the hon. chief opposition whip.

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

Mr. Speaker, I will be splitting my time with the hon. member for Beauce.

The Liberals are on a mission to ban hunting rifles in Canada. Tonight, we are debating Bill C-21, legislation that is designed to ban firearms used by law-abiding hunters and farmers. When discussing this bill on TV, the Prime Minister said, “we're going to have to take [guns] away from people who were using them to hunt.”

That is why, at the public safety committee, the Liberals tried to slip in amendments that would have banned several common hunting rifles, including the SKS, the Ruger No. 1, the Mossberg 702 Plinkster tactical 22, the Westley Richards Model 1897 and many slow-to-fire hunting firearms designed to shoot birds or skeet.

After public backlash from rural communities across the country, and in the face of fierce opposition from the Conservatives, the Minister of Public Safety retreated in defeat. However, the Prime Minister is still hunting for a way to take away legal firearms from law-abiding Canadians. Since his plan A failed, he has moved to plan B.

He is now setting up an advisory committee to make further recommendations on gun control, and he has given himself the power to ban firearms by an order in council. Members can be sure that he will appoint activists to the advisory committee who will tell him what he wants to hear. He will then hide behind their advice and unilaterally ban hunting rifles without any further debate or votes in this House of Commons. Conservatives oppose giving the Prime Minister this power; we do not trust him to leave law-abiding firearms owners alone. After all, he already admitted his true agenda, which is to take away their hunting rifles.

The NDP members are putting their faith in the Liberal Prime Minister, as they always do. They will vote in favour of this secretive, undemocratic process, wherein the Prime Minister can once again attack rural Canada. The NDP once championed the rural way of life, but it has become a party that takes its marching orders from special interest groups and, frankly, woke, big city mayors. The NDP has forgotten about the rich hunting tradition in rural communities, a tradition that is as old as the land itself. Traditions have been passed down from generation to generation. Many families rely on wild game to fill their freezers and to feed their families. For them, hunting is a way of life.

When I was young, my family lived on beautiful Vancouver Island. I fondly remember friends and family celebrating their successful hunts. Recently, I travelled back to the island, where I spoke with a man named Frank. He is a small business owner struggling to make ends meet under crippling inflation, which is at a 40-year high. Given the high cost of food, driven up by the carbon tax, Frank cannot afford to buy meat at his local grocery store. Hunting with his legally owned firearm allows him to provide meat for his growing family of five. Frank is a law-abiding, hard-working and proud Canadian whose way of life is under threat from Bill C-21.

Frank is not alone. His story is like the stories of many others on Vancouver Island and in every region of the country. The rural NDP members have completely abandoned people like Frank. The voting record will show that NDP members from rural British Columbia have turned their backs on their own constituents.

This includes the member for Courtenay—Alberni, the member for Cowichan—Malahat—Langford, the member for Skeena—Bulkley Valley, the member for Nanaimo—Ladysmith, the member for South Okanagan—West Kootenay and the member for North Island—Powell River. These NDP members do not have the backs of their constituents when they are thousands of miles away from home in the House of Commons.

In particular, I am disappointed with the whip of the NDP, the member for North Island—Powell River. She had the NDP member for Cowichan—Malahat—Langford removed from the public safety committee in the middle of its consideration of the bill. She silenced him because he raised concerns about the bill. She replaced him with an urban, anti-hunting member, the NDP House leader, for fear that they might upset their big city base.

She should know that the data and evidence are clear in that licensed firearm owners are far less likely to commit a crime than the average citizen. That is why the Liberal-NDP coalition should leave law-abiding firearms owners alone and target the real perpetrators of gun crime.

What I find particularly egregious is that the Liberal-NDP coalition did the opposite by eliminating mandatory prison time for serious gun crimes, including robbery or extortion with a firearm, weapons trafficking, discharging a firearm with intent, using a firearm in commission of a crime and reckless discharge of a firearm. It is letting drive-by shooters and gun runners back into our communities sooner while targeting law-abiding hunters and sport shooters.

It also broke the bail system by legislating a catch-and-release program that has led to a 32% increase in violent crimes. As a result, B.C. cities, including my home of Surrey, are facing an onslaught of violent crime. University Magazine identified Surrey as having the highest crime rate in Canada. The decent, hard-working families who choose to live and work in Surrey just want a safe community to raise their families and live in peace. Under the soft-on-crime Liberal government, they are forced to live in a community where criminals are emboldened. This approach is not working in Surrey on anywhere in British Columbia.

We all remember the tragic murder of Constable Shaelyn Yang; while on duty, she was stabbed to death by a man who had previously been arrested for assault. He was released on condition that he would appear in court, which is something that, surprisingly, he failed to do. A warrant was issued for his rearrest, but when found living in a tent in Burnaby Park, he took the life of Constable Yang by stabbing her to death. Sadly, she is just one of 10 police officers killed in the line of duty this year.

In another case, a tourist was stabbed multiple times in the back while waiting in line at a Tim Hortons in Vancouver. His assailant was the subject of a Canada-wide warrant for failing to follow conditions of his release. In Vancouver, 40 offenders accounted for 6,000 arrests in one year. That is an average of 150 arrests each.

Unfortunately, the breakdown of public safety extends far beyond B.C. We all watched with horror last summer after the mass killing on James Smith Cree Nation happened in Saskatchewan. The perpetrator had previously been charged with over 120 crimes, but that did not prevent him from taking 10 indigenous lives.

Following that senseless tragedy, the Leader of the Opposition stood in this House, pleading for change. He said, “The James Smith Cree Nation was not only the victim of a violent criminal, but also the victim of a broken criminal justice system.” He went on to say:

A system that allows a violent criminal to reoffend over and over again with impunity does not deserve to be called a justice system. Leaving victims vulnerable to repeat attacks by a violent felon is not criminal justice. It is criminal negligence.

As Conservatives, we believe that someone who makes one mistake should be given every opportunity to build a productive life for themselves. However, the justice system cannot allow dangerous, violent repeat offenders to terrorize our streets. I will vote against Bill C-21, because it would do nothing to take illegal guns off our streets.

Canada needs a Conservative government that will target gun smuggling and end easy access to bail for repeat violent offenders. Only Conservatives will bring home common sense to public safety that targets criminals, not law-abiding Canadians. We will be a government that respects and protects law-abiding hunters, farmers and sport shooters. Why will we do this? We will do it because it is their home, my home and our home. We will use common sense to bring it home.

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

Mr. Speaker, I am sorry, but I think my Conservative Party colleagues are taking intellectual shortcuts.

They say that Bill C‑21 is the biggest ban on hunting rifles in Canadian history. They know full well that that is not true. They say that once Bill C‑21, which does not affect hunting rifles, is passed, the minister is obviously going to issue an order in council banning hunting rifles. According to the Conservatives, this means that the government is going after hunters. That is not at all what is happening.

I want to know how my colleague can see into the future.

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

Mr. Speaker, first of all, I frankly resent the personal remarks of that member. I am a lawyer by background, and honour, ethics and integrity are important to me, as they are to the rest of my Conservative colleagues. I am not misinforming this House, and I am not stating falsehoods.

I am telling the truth about what Bill C-21 would do and what this advisory committee would probably do. One just needs to look at the earlier announcements, which ban such rifles as the Winchester model 100, Winchester 1910, Sauer 303, Ruger Deerfield Carbine and Remington 740. I could go on. Clearly they want to do by order in council what they did not want to do openly in this House.