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

[Monique Pauzé, Bloc, Repentigny, QC]

Madam Speaker, I think my colleague would agree with me that the public has an interest in seeing an end to illegal gun trafficking. In Bill C-21, the government increased the maximum penalties for firearms trafficking.

Does my colleague believe that this measure is sufficient?

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Madam Speaker, as I mentioned in my speech, and if people were not listening I will repeat that part, in the past eight years, I believe, the maximum has never once been given. Yes, we agree with longer sentences, but if the maximum is not being given, what is the point of increasing it?

We need to work on reducing crime, and we believe in giving harsher sentences, especially to people who are committing harsh crimes with firearms across the country.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, there is no doubt my colleague does effective work on the public safety committee.

The reality is that Conservatives worked very productively with the other parties, I thought, once the House of Commons said that they had to end their filibuster and get back to work. We managed to get unanimous agreement on the vast majority of amendments as we worked through clause-by-clause.

However, there are some Conservatives who continue to talk about amendments G-46 and G-4. As members know, I cannot present props in the House, but clearly in my amendment book, G-46 has been withdrawn. I would ask my colleague if he can confirm that G-46 and G-4 were withdrawn at the beginning of February, which means Conservatives should not continue to talk about these amendments as they no longer exist.

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Madam Speaker, what I would like to talk about in response to that is factual information. It was amazing how much the NDP and the Liberals were siding with each other in those debates the member is talking about. We sat in that committee for so long, and I am curious to see what members from places such as Churchill—Keewatinook Aski, Courtenay—Alberni, Cowichan—Malahat—Langford, North Island—Powell River, Skeena—Bulkley Valley, South Okanagan—West Kootenay, Timmins—James Bay and Nunavut all have to say in the next election—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

The hon. member for New Westminster—Burnaby is rising on a point of order.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Madam Speaker, those are all some of the best MPs in the House, but the member is mispronouncing every single riding name, which shows a—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

That is not a point of order, unfortunately.

The hon. member for Barrie—Springwater—Oro-Medonte.

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Madam Speaker, I was not mispronouncing the ridings whatsoever. They are great areas. I have been to some of them and I would like to get to even more. I was in Nunavut last summer and it was very interesting.

What I was pointing out is that all of these rural ridings I am sure will be very interested to know that the members of the NDP were siding with the Liberals at all the committee meetings and on all of the votes with respect to the firearms concern.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, one of the concerns coming out of report stage is about the firearms advisory committee that the public safety minister spoke about, and the power it is going to have to potentially ban firearms going forward. Could the member speak to that briefly?

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Madam Speaker, that is a great question. Yes, there is a lot of concern over that. We have no details on it, which is very concerning. We do not know who is going to be on the committee. We are assuming its members are going to be appointed by the Liberals. We feel that, down the road, the exact same hunting rifles and farmers' tools that were placed on the past G-4 and G-46 amendments will be placed on this ban bill again by the firearms advisory commission once it is up and running.

[Adam van Koeverden, Liberal, Parliamentary Secretary to the Minister of Health and to the Minister of Sport]

Madam Speaker, it is a real honour to rise in the House to acknowledge the very hard work of the public safety committee and many members in the House who have been tireless in their advocacy and their consultations with various groups across the country, and to speak to the importance of the bill, as we aim to strengthen public safety in our communities and ensure they continue to be safe.

I would be remiss if I did not at the onset of my speech acknowledge that my home riding of Milton has been impacted by gun violence in the last couple of years. It has been extraordinarily difficult to come to terms with the fact that guns are making their way into our communities, when criminals have access to more guns. When there are more guns in society, criminals will find their way to these guns.

There have been deaths in my community, and I want to express my condolences to the friends, family and co-workers of those individuals who have lost their lives due to this senseless violence. I committed to them that I would stand in the House and ensure that we would pass fair and responsible laws that would protect families and people in my riding who do not want more guns in their community. They want fewer guns and safer communities.

That is what we are doing today, and I am proud to be supporting the legislation.

Over the last couple of days, there has been a lot of indignation in the House. The Conservatives have been indignant that they have not had enough time to speak to the bill. At the same time, those same members have been filibustering at committee, wasting time and the opportunity to debate. We finally are at place where we can vote on the bill and protect Canadians with more responsible gun laws. I am grateful for all of the members' hard work and their ability to endure that filibuster. It is really unnecessary.

This indignation is the result of the progress being made collectively with all other parties in the House. Every other party except the Conservative Party supports these responsible gun laws moving forward. I want to thank them for that.

I also want to express disappointment that the gun lobby has found so many strong voices in the Conservative Party. Time and time again, the Conservatives have stood in the House to say that they are standing up for indigenous hunters or Olympic athletes, when all they are really doing is parroting lines from the gun lobby. Many of the members have been keynoting fundraisers for the gun lobby. They have been speaking at their events.

At the same time, the member for Carleton, the leader of the Conservative Party, will send out tweets saying that the Liberal government wants to take their guns, that they should sign a petition or that they should sign up with the Conservatives and send them a donation if they disagree. That type of fundraising on the back of the gun lobby and that NRA-style of politics has no place in Canada.

I would like to move on to a very difficult to talk about issue, and that is domestic abuse and suicide and the role that guns play in households across the country with respect to that.

Abusers with guns in the home are five times more likely to kill their wives and children. It does not matter if they are legally owned or if they are licensed firearms, that statistic rings true. Domestic abuse continues to be an absolute plague. I will also call it “men's violence against women”. Domestic abuse does not put a fine enough point on it in my view.

More guns in society means more gun murders. I used to live in Florida, where there were hundreds and hundreds of guns in every community. There are more guns in the United States than there are people. People often say that Canada is nothing like the United States, and thank God for that. Let us ensure we continue to be different than the United States, where there are mass shootings on a daily basis, where there are tragic school shootings on such a frequent basis that people try to ignore it when it is on the news.

We need to acknowledge that we have had some really tragic shooting events in Canada as well. We need to stand and say that these are preventable with more responsible gun laws. This bill, Bill C-21, and the amendments henceforth will strengthen those laws and ensure that we build a country going forward that has fewer guns and fewer tragedies as a result.

I want to move on to another very difficult to talk about issue in Canada, and that is with respect to suicide and mental. Studies show that homes that have guns in them are far more likely to experience death from suicide. It is a terrible fact that in some cases, and this is very challenging to talk about, it is easier to pick up a gun than a phone.

It is true that we need to ensure there are better services for people with mental health who are struggling with suicidality. The statistics really bear this out. If there are more guns in society when people are struggling, it results in really horrible outcomes for people and families.

There needs to a phone closer to peoples' bedside tables than a firearm when they are struggling. That is true in cases of domestic violence and suicidality. However, when I think about the country I would like my kids to grow up in, if I am lucky enough to ever have kids, it is one with fewer firearms and a safer community where we do not need to worry about these types of consequences and tragedies happening so often.

I will move on to something a little less difficult for me to talk about, which is sport. I am the parliamentary secretary for sport and I have a lot of friends who have gone to the Olympics for sport shooting. Repeatedly, over the last hour or so, I heard the Conservatives talk about how we are taking guns away from Olympic athletes, and that just could not be further from the truth. There are a number of categories of individuals who are licensed to carry certain firearms in Canada, and Olympic sport shooters and those training to go to the Olympics are a part of those.

There are about 4,000 athletes in Canada, with whom the federal government works, on national teams for the Olympics and the Paralympics, but over 8,000 athletes are licensed to own certain types of firearms and use those firearms in the context of sport. I want to ensure that everybody in the House is aware of the fact that in the 10 events at the summer Olympics, because there is one in the winter Olympics as well if we include the biathlon, of the 10 types of guns used, four of them are air guns.

The modern pentathlon has moved to a laser gun. They do not want to worry about various restrictions in some countries and bringing these guns on planes and across borders and so on, so they are taking a more modern approach to the sport and using a laser gun. In the 10 sport shooting categories, four of those guns are air pistols or rifles. They are not in those banned categories. The rifles are bolt action, so single shot, which are also not banned. The other ones are shotguns, which are also not on any list.

All of the hysteria from the other side about how this law will make it more difficult for athletes to train for their event at the Olympics is a false narrative. Those members have continually said that they are standing up for Olympians and pointed over at me, as the Olympian in the House, as to say I should be standing up for my friends and colleagues. I had a lot of meetings with them.

I was talking to members from the Canadian Olympic Committee as early as today about this issue. Those athletes are exempt and protected, and we will continue to work with athletes if they have other concerns, because these laws are not meant to take guns away from sport shooters or certainly not Olympians.

I would like to move on a bit and talk about hunting and indigenous rights. Hunting is a way of life in Canada. It is a matter of food security. It is a matter of tradition. It is a matter of a way of life in Canada. That is why, over the last couple of months, the Minister of Public Safety has taken time to meet with hunters in Yukon and the Northwest Territories, as well as in closer urban centres. The measures we have taken reflect that work. They reflect that engagement and that communication so we respect the traditions of northerners, not just indigenous people but a lot of people who rely on firearms to ensure there is food in the freezer over the course of the winter. These amendments do not touch guns commonly used for hunting. They apply for a forward-looking definition to protect our communities.

I also heard the Conservatives repeatedly say that they are standing up for indigenous rights. I do too. Ensuring indigenous people and their traditional ways of life are protected is a priority of mine and many people in the House. I want to reiterate that these amendments do not touch guns commonly used for hunting. In addition to that, these amendments also respect the rights of first nations, Inuit and Métis, including a specific amendment that states clearly nothing in this definition will infringe on the rights of indigenous people under section 35 of the Constitution. The non-derogation clause for indigenous people is reaffirming the section 35 rights of indigenous people and reinforcing our UNDRIP obligations. I do not need to point out for members of the House that Conservatives voted against this, which is very sad.

I am thankful for the opportunity to speak to Bill C-21.

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, my colleague said that he wanted communities to be safer.

In Bill C-21, the government is increasing the maximum sentences for firearms trafficking. However, it is very rare for an individual to get the maximum penalty for such an offence because criminal networks use people with no criminal records who are then given shorter sentences.

My colleague says he wants to live in a safer community. Does he believe that increasing maximum sentences that are never actually imposed will be enough to accomplish that?

[Adam van Koeverden, Liberal, Milton, ON]

Mr. Speaker, it is very important to reassure our community about how important this bill is in preventing firearms trafficking.

A record number of guns last year were seized at the border, but we need to do more. Bill C-21 would do more. It would invest in the CBSA, after the Conservatives cut so much of the funding for our border services agency. They like to say that all these guns are coming in from the United States, yet we are standing up and ensuring that does not happen.

I hear the member's comment with respect to the maximum sentence, which also needs to go up so that the worst offenders spend more time in prison. I know that bail reform is forthcoming from the Minister of Justice, and I am looking forward to that as well, because it has been a topic of conversation in the House and elsewhere.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, I am gratified that the NDP was able to force the withdrawal of amendments G-4 and G-46 in February, which caused such consternation to law-abiding gun owners across the country. What has replaced them, as members are well aware, are provisions that tackle the ghost guns used by criminals. We have seen an epidemic in various parts of the country, like in my region where we have seen a tenfold increase in the use of untraceable firearms by criminals. That has to be addressed immediately. Law enforcement is calling for the powers that have now been put in through amendments to Bill C-21.

I would ask my colleague this. Why do the Conservatives seem so hell-bent on filibustering the bill and filibustering the considerations around ghost guns, so law enforcement can actually take action against criminals who use these ghost guns?

[Adam van Koeverden, Liberal, Milton, ON]

Mr. Speaker, I acknowledge the hard work of my colleague on the public safety committee. I know he is always committed to ensuring that the NDP gets credit for its good work, but a lot of great rural members of Parliament from other parties, including mine, stood up and said that it did not reflect the will of a lot of their constituents. I am grateful for all of those voices. That is how this place works, and I thank the member for bringing those voices forward.

However, to the substantive question, I do not know why the Conservatives are so hell-bent on preventing this bill from going forward. It is responsible gun legalisation. We are standing up and ensuring that the voices of law enforcement, victims and many other groups are heard.

The only group that the Conservatives are standing up for is the gun lobby, and very consistently. They have been keynoting at gun lobby events. They have been fundraising off its back. They have been using the same rhetoric in the House of Commons and on their social media. It is disgraceful to be using that NRA-style rhetoric in the conduct of our work as Canadian parliamentarians. This is not the United States. We do not want to have outcomes like they do in the United States with respect to gun crime. We have a safe country because we have responsible gun laws, and these are the next steps to that.

I would like to thank the hon. member for New Westminster—Burnaby for his hard work.