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

This bill was previously introduced in the 43rd Parliament, 2nd Session.

Sponsor

Bill Blair  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 18, 2023 Passed 3rd reading and adoption of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)
May 18, 2023 Failed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (recommittal to a committee)
May 17, 2023 Passed Concurrence at report stage of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)
May 17, 2023 Passed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
May 17, 2023 Passed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
May 17, 2023 Failed Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (report stage amendment)
June 23, 2022 Passed C-21, 2nd reading and referral to committee - SECU
June 23, 2022 Failed C-21, 2nd reading - amendment
June 23, 2022 Failed 2nd reading of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms) (subamendment)
June 21, 2022 Passed Time allocation for Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms)

Criminal CodeGovernment Orders

June 9th, 2022 / 10:40 p.m.
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Liberal

Julie Dzerowicz Liberal Davenport, ON

Madam Speaker, it is a true honour for me to speak this evening on behalf of the residents of my riding of Davenport. It is a riding I am very honoured to represent.

The objective of Bill C-21, which is what we are debating this evening, is to amend the Criminal Code and Firearms Act in order to do four key things: establish a national freeze on handguns; establish red-flag and yellow-flag laws and expand gun licence revocation; combat firearms smuggling and trafficking, notably by increasing the maximum penalty of imprisonment for indictable weapons offences; and prohibit mid-velocity replica air guns.

In short, it is clear action from our federal government to address gun violence, which has been on the rise in Canada and presents a serious and significant threat to the well-being of Canadian communities. Since 2009, violent offences involving guns have increased by 81%, and 47% of Canadians have reported feeling that gun violence poses a serious threat to their communities.

I am a born and bred downtown Torontonian, and while most of my life Canada's largest city has been relatively safe, gun violence has been noticed and, as I mentioned, is on the rise. It is something we worry about because we hear about it in our communities and it makes us feel unsafe.

I was on a call with my staff this morning, who monitor all the social media and media in my riding. Yesterday, there was gun violence on the corner of Gladstone and Bloor in my riding. I do not know all of the details, but this is what I was able to garner from the news media:

One man was transported to hospital with serious injuries after being shot Friday evening.

It happened in the Bloor Street and Gladstone Avenue area just after 7:30 p.m.

The circumstances surrounding the shooting were not immediately known. Preliminary reports indicated that two shots had been fired, police said.

The victim...sustained serious, but non-life-threatening injuries....

Every incident like this makes our community members feel unsafe. It impacts our quality of life and it impacts our well-being.

I have been listening to the debate this evening, and I agree that tackling gun violence is not a simple issue. It is super complex. There is no one measure that will get guns off our streets, and this bill is definitely not a panacea.

It is also not our first action. I am very proud of all the actions we have taken over the last six to seven years to tackle gun violence.

I am really proud of Bill C-71, introduced during the 42nd Parliament. It was for registering firearms, providing additional due diligence practices, providing better supports for enforcement officers in tracing efforts and providing a number of additional measures that would keep firearms out of the hands of criminals. We also put a significant amount of money into our border officers in order to stop guns from crossing our borders, and heavily invested in tackling the root causes of violence.

There are other measures we have taken. Last May, we took the step of prohibiting more than 1,500 models of assault-style firearms and their variants. While the vast majority of firearm owners are responsible, these kinds of powerful and dangerous firearms are not designed for legitimate activities such as hunting and sport shooting. They were made for the battlefield and have no place in our cities at all. Taking that step put us in lockstep with other global leaders in gun control policy.

However, gun violence of all kinds continues to be a major problem in our communities and cities, as I mentioned. All firearm tragedies, from the public ones we commemorate to the private ones that occur in the home, create untold sadness and are often preventable. We acknowledge all those who have felt the tragic loss of a loved one and the loss of a sense of safety and security in their own community.

Gun violence remains a tragic reality that impacts our cities and regions. We only need to look at the Polytechnique tragedy, or what happened at the Quebec City mosque in recent memory, when a killer entered and murdered six people and injured many others. We also remember the massacre that happened in Nova Scotia.

No one should have their life cut short in this way. No one should have to live with the pain of losing a loved one to firearms violence. It is why we have made gun control a top priority, including by regulation and by legislation. It is why we stand with those who advocate relentlessly to increase safety in their communities. Their voices have deepened our resolve, and have helped to form our response in the form of this new legislation.

As I noted, since 2015 we have made some real and concrete progress to keep Canadians safe. We have introduced common-sense gun laws. We have invested in our law enforcement. As the Minister of Public Safety has said, we have also invested in kids and communities, because we know that makes a difference and addresses the determinants of crime and violence. However, there is always more we can do, and we must continue to address the root causes of gun violence to address the conditions in communities that lead to violence, and target the ways that guns get into the hands of people seeking to do harm.

For example, criminals can gain access to firearms in a number of ways. Some are smuggled across the border from the United States. Some are stolen from legal gun owners. Some are purchased legally by individuals who have the licence to make the purchase, but are then sold illegally through straw purchasing. Bill C-21 addresses all of these issues.

We also know that there are circumstances when a gun may be owned legally, but the circumstances of its ownership may change. It may be in a home where there are now incidents of gender-based violence and domestic violence. There may be a situation where a person suffering from suicidal ideation has access to a firearm, or it may be accessible to someone who has been radicalized to violent extremism. In those circumstances, we have to have the tools to enable firearms to be removed from a situation that is dangerous and made deadly by the presence of a firearm. That is another important element of Bill C-21. It is empowering Canadians to take action.

Situations involving domestic and intimate partner violence have been compounded by the pandemic. Beyond domestic violence, there are also other situations where a person may be suicidal or has openly advocated hatred or violence against someone.

In response, Bill C-21 proposes the creation of red-flag and yellow-flag provisions. These provisions would make it easier for anyone who feels threatened by the presence of a firearm in their home, or by an individual who owns a firearm, to take action to protect themselves and others. More specifically, the red-flag regime would allow anyone, not just police, to apply to the courts for the immediate removal of an individual firearm if it poses a danger. Similarly, 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.

As colleagues know, gun ownership in Canada is a privilege, not a right. It is a privilege earned by Canadians who adhere to our strict laws, our regulations and our requirements regarding licensing, training, storage and use of a firearm. In Canada, guns are only intended to be used for hunting and sport purposes.

Let me also acknowledge, as the Prime Minister has done, that the overwhelming majority of firearm owners in this country are law-abiding. They are responsible firearm owners. They acquire their firearms legally. They store them securely. They use them responsibly. They earn the privilege of firearm ownership, and we respect them for their adherence to these laws.

I know a lot of those individuals, not only in my own community but in the firearm-owning community in this country, and I can say that they are concerned with the safe use of firearms and restricting the access that criminals and people intent on violent crime can have to firearms. I believe they will understand the importance of the work we are introducing today to keep our communities safe.

All Canadians deserve to live in a place where they can be safe and secure. That is the objective of Bill C-21. As the Prime Minister has said, “we need more than thoughts and prayers. We need concrete action.” That is exactly what Bill C-21 proposes: concrete action to stem the tide of gun violence in Canada.

I am very proud to support the bill at second reading and I hope my colleagues will do the same.

Criminal CodeGovernment Orders

June 9th, 2022 / 10:40 p.m.
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Conservative

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.

Criminal CodeGovernment Orders

June 9th, 2022 / 10:40 p.m.
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London North Centre Ontario

Liberal

Peter Fragiskatos LiberalParliamentary 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.

Criminal CodeGovernment Orders

June 9th, 2022 / 10:30 p.m.
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Thunder Bay—Superior North Ontario

Liberal

Patty Hajdu LiberalMinister 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.

Criminal CodeGovernment Orders

June 9th, 2022 / 10:25 p.m.
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NDP

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.

Criminal CodeGovernment Orders

June 9th, 2022 / 10:20 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, he mentioned the model AR-15. It is a firearm that has become synonymous with some of the most brutal mass shootings imaginable in the United States. We have to be careful. Canada and the United States are two very different countries when it comes to our firearms laws, but I would agree that certain models of firearms have no place in our society.

I am not talking about non-restricted firearms, or the people who are out there hunting and shooting with their bolt-action rifles or shotguns. I am talking about those ones that can cause death as quickly as one can pull a trigger.

With Bill C-21, though, the debate is not on the way a firearm looks but its functionality. We have had this debate at the public safety committee. It is something that is still unresolved because there are models of firearms out there, semi-automatic rifles, that have the same capacity and same function as firearms that were banned by the OIC, but they are still legal.

We need to have a conversation about where we are drawing the line and how we are actually going to define what a prohibited firearm is. That is a conversation that we still owe to Canadians.

Criminal CodeGovernment Orders

June 9th, 2022 / 10 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I am pleased to be joining colleagues from all parties in this debate tonight on Bill C-21.

I want to acknowledge the time I have enjoyed as the NDP's public safety critic. It is a big responsibility. There are many different departments to keep track of. I also want to say in deference to previous speakers that I have enjoyed working with the minister on a number of issues and with my Conservative and Bloc colleagues. I will echo previous comments tonight that we do enjoy a good working relationship. If we look at previous Parliaments, that might seem a bit odd for the public safety committee because we do deal with some fairly explosive issues where there is not always a lot of agreement to be found.

I come at this debate tonight as a representative of a rural riding. My riding of Cowichan—Malahat—Langford is about 4,700 square kilometres in size. A lot of the constituents whom I represent are responsible firearms owners. They enjoy going to the range. They enjoy using firearms for hunting and other recreational activities.

However, it has to be stated, and this is a key difference between Canada and our southern neighbours, that owning a firearm in Canada is a privilege. By far the vast majority of firearms owners in Canada respect that privilege. They use their firearms in a very safe and respectful manner. Gun safety and the careful operation and storage of guns have always been paramount to the constituents that I have spoken to.

Indeed, I do have a lot of friends who are firearms owners. I grew up with firearms. My father has several that he inherited from his childhood. I have enjoyed spending time at various ranges throughout my riding. A few years ago, I was a guest at the Victoria fish and game club. Under the careful supervision of someone with a restricted possession and authorization licence, I was shown how to safely use a handgun at the range. There a lot of people who do enjoy the target shooting aspect of it.

I have seen a lot of debate on firearms before and during my time in Parliament and it is a pretty explosive issue. It can be very often used as a wedge in our political system. I want to find a way to talk about the legislation before us in a respectful way, one that lowers the temperature and where we can depolarize the debate while maybe seeking to make some parts of the bill better at committee.

I am trying to walk the line between the Liberals and the Conservatives. The Liberals sometimes have a tendency to put forward a bill, hold it up as a shiny trophy, and say it is going to fix the problem. The Conservatives on the other side tend to have a knee-jerk reaction to firearms legislation and their default position is to oppose. This is an issue where we have to walk the line between those two, where we recognize that legislation is important. We cannot simply say no for the sake of saying no, but we also have to realize that legislation by itself is not going to solve a problem as complex as gun violence. It has to be part and parcel of a whole range of things.

Bill C-21 in this Parliament does share the same number as the previous firearms legislation in the 43rd Parliament, which was also Bill C-21. That bill, however, never advanced past second reading. Unfortunately, it was allowed to die on the Order Paper when we had, in my view, the unnecessary election of 2021. There was a lot of hullabaloo about the introduction of that bill, but not a lot of effort was put forward by the government to advance it in any meaningful way.

Here we are again. We are in the 44th Parliament. We are in June. We have been at this for quite some time and we are only now just getting to the first round of second reading debate on the bill.

There is an important human element to this debate. Many lives have been lost in Canada to rising gun crime and we have to acknowledge that many communities are feeling unsafe.

Canadians want their government to act to prevent tragedies, not just respond to them. That is the proactive piece of the puzzle here, not just reacting to the bad news we often see. We need to demonstrate that follow-through and commitment to addressing firearms violence. That is where I think Bill C-21 comes into play. Not only is the smuggling of illegal firearms a big problem in Canada, but there is also a very real issue with the domestic diversion of legal firearms and the way they can find their way into the hands of criminals.

I am proud to be a member of a party that has supported the goal of getting military-style assault weapons off the streets. I support the plans for a mandatory buyback. That is a significant improvement over the voluntary buyback that was proposed in the previous Parliament, because we want to find a way of making sure that these weapons are forever off of our streets and do not pose a danger. Back in 2008, Jack Layton, our leader at the time, was the first political leader in Canada to propose giving municipalities the power to ban handguns within their jurisdictions.

I think whatever side of the spectrum we fall on with respect to this debate, we can all agree it is time for the government to get serious about tackling gun crime. We have different ideas on how that is to be achieved, but I think we agree on the same basic premise.

I want to give a nod to the public safety committee. The great report that we tabled earlier this year has been referenced in a few speeches tonight. That report was the result of 50 witnesses over seven meetings. We had numerous representatives from different police services across Canada, criminal defence lawyers, community organizations and also important government bodies like Statistics Canada. I want to acknowledge the Bloc Québécois for bringing forward that motion for a study. It resulted in 34 recommendations. We are awaiting a government response. I know that takes time, but I am looking forward to reading the government's response to those solid recommendations.

We had a number of recommendations. We realized that Statistics Canada needs additional resources. It has reported that there are gaps in its reporting. There are limitations in its knowledge about the firearms that are used in crimes. We need more information and details about particular firearms, their exact type, who owns them, how they are stored, whether the owners are licensed, and so on.

There was also a recommendation about increasing funding to the Canadian criminal intelligence service to enable comprehensive intelligence sharing across all police services so we can improve their effectiveness in tracing firearms. There was a recognition that smuggling is a significant contributor to gun and gang violence in Canada and that more resources must be allocated to combatting it. Also, the Government of Canada, as part of its prohibition on firearms, should implement a mandatory buyback program. That was a recommendation in the report that was supported by committee members.

In addition, I also think that because the report also illustrated the context in which we operate, this problem is not going to be solved by legislation, funding or a shift in policies alone. It is a multi-faceted issue that is going to require reflection, a comprehensive set of solutions, including data collection and research, prevention and intervention, coordination and collaboration between all levels of government, law enforcement and civil society actors.

We know the statistics have not been favourable. That has been mentioned by a few of my colleagues. We know that the rates of firearms-related violent crimes started an upward climb in 2014, with the largest documented increase between 2014 and 2015. Between 2019 and 2020 there were notable increases, including in southern rural British Columbia, the northern part of Ontario, rural Alberta, the Northwest Territories and Nova Scotia. This is the important part: Handguns were the most serious weapon present in most firearm-related violent crimes between 2009 and 2014, and also between 2015 and 2020.

I now want to focus on the smuggling, which we know is a major problem. It is a consequence of our sharing a border with the United States. The problem, and this goes to the data collection, is that we do not have an accurate figure. It might even be impossible to ever get an accurate figure, because for every successful interdiction, there are so many that will get through. It is simply impossible to extrapolate what the full problem is in that regard.

In this conversation about firearms and the root causes of gun and gang violence, we have to know that there are so many different factors at play here. This is far from a black and white issue. During our committee study, we learned from great testimony from witnesses that things like poverty, inequality, racism, mental illness, social isolation, substance abuse, extremist ideologies, education and health, are all factors which in some way contribute to the phenomenon of gun violence and how bad it can be in some communities.

There is also a very strong correlation between the drug trade in Canada and firearms violence. I think this is important. This House has recently been seized with the issue of Canada's drug laws. We have seen reference to the Controlled Drugs and Substances Act in another government bill, Bill C-5, which sets out a declaration of principles.

The member for Esquimalt—Saanich—Sooke was able to successfully amend that to make sure that criminal records for simple possession will be sequestered after two years. That is an important amendment. The member for Courtenay—Alberni, my friend and neighbour to the north, has his very important private member's bill, Bill C-216.

Almost every single police agency that was before our committee spoke of the interwoven nature of the drug trade and the gun trade. The simple fact is that there are obscene amounts of money that can be made in the drug trade. The introduction of fentanyl and carfentanil has completely changed the profitability game. Every single witness who was talking on this subject said that gang members involved in the drug trade feel the need to have guns on their person to protect their turf and their trade because of the competitive nature of it.

One of the most successful ways we can tackle gun problems in Canada is to enact bold, progressive policies to deal with the demand side, to deal with people's addictions and to make sure we are not harming the people who are out there being nabbed by police for simple possession. Instead, we should be trying to make sure that we are relieving them of the criminal stigma of substance use. We should be drying up that demand so that gangs are not competing for that turf. That is a big scourge for many of our big cities in Canada, and until we see bold policy to deal with this, I fear that years from now we are still going to be having the same conversation about gun violence in Canada.

Let us now turn to some of the main features of Bill C-21. By far, the one that has garnered the most attention is the handgun freeze. It is essentially going to prevent the chief firearms officer from approving the transfer of handguns to individuals. It will effectively ban the buying, selling, transferring and importing of handguns to anyone other than certain businesses and exempted individuals.

To be clear, my technical reading of the bill is that if Bill C-21 were to receive royal assent tomorrow, anyone who is a current RPAL holder and owns a handgun will still be able to lawfully use that handgun just as they did today and yesterday. That will have no change.

It will impact people who are seeking to buy new handguns, but again, exemptions are carved out, for example, if someone can demonstrate that they need a handgun for their line of work. I know foresters who will not travel out into the bush in grizzly country unless they are carrying a handgun. That will be considered an exempted individual.

If someone is a professional target shooter and belongs to an Olympic-qualified organization, we might look at amending that and broadening the scope. The person would still be allowed to use a handgun, and so on.

I acknowledge that smuggling is a huge problem, but we have also had witnesses talk about the problem of the domestic diversion of legal weapons and people using their licences for straw purchases. I think, if we were to completely ignore that side of the equation, we would be doing a disservice to Canadians and to the whole question of public safety on this issue.

The other big aspect of Bill C-21 is the red flag and yellow flag regime, which would basically allow anyone to bypass the police and go directly to a provincial court judge to request the immediate removal of weapons from an individual who they believe is going to pose a danger to themselves or to others. I will note that, in the way Bill C-21 is written, there is an improvement to this aspect of the previous bill, because it would allow a judge to protect the privacy of an individual applying for that emergency prohibition. The judge could also have the option of holding hearings in private and sealing court documents. That is an important improvement to the previous version of the bill.

However, we know organizations such as PolySeSouvient still have problems with how this section is written. I believe that at committee we are going to have to take a deeper dive into whether this can be improved upon.

We also know that members of the Canadian Association of Emergency Physicians were not fans of the previous red flag law. They said:

...placing the onus on a family member of a depressed person, a demented parent, or the perpetrator of domestic violence to go through the court system is a largely unworkable and unwelcome hindrance to getting guns temporarily out of the home of those in crisis.

Others said that the current version of Bill C-21 was “a big, evidence-based step towards reducing gun injury and death in Canada,” so kudos to the government for getting that from physicians who deal with gunshot wounds on a regular basis. They still want to see the particular details of the new red flag law and how it is actually going to work. Of course, the yellow flag law would allow the chief firearms officer to temporarily suspend and review an individual firearms licence while that eligibility is determined.

I want to end on airsoft. In my riding of Cowichan—Malahat—Langford, there is a massive airsoft community and people love this sport. I had previously only participated in paintball, so I know the fun and the thrill of it, and people who engage in airsoft as a sport love what they do. It is a great outdoor recreational activity, and these people are concerned by the provisions in this bill that are targeting replica models.

We have to find a way to have members of the airsoft community come before our committee. I think we have to have a conversation with the government on how we can find a workable solution so that people are not unfairly targeted for participating in a sport they enjoy. I think there is a middle ground in there somewhere. I acknowledge the concern that law enforcement has with replica airsoft rifles. At a distance, it is not easy to tell whether it is a replica or the real thing, and we certainly did hear at committee that some people had been successful at converting airsoft guns into fully functioning firearms, so that is a very real concern out there.

I know I am in my final minute, so I will just conclude with this: The firearms debate is never a black and white issue, and I know there are a variety of opinions on this topic, but I am going to try to thread the needle. At this point in the debate, I am going to signal my support for getting this bill to committee, because I do not want to just throw it out at this stage. I believe it deserves a closer look, and I believe all members, including my Conservative colleagues, deserve to have the opportunity to focus on the particular sections of the bill, bring forward their witnesses and have an adult conversation about the direction we want to take our country in and what we ultimately want to see out of this.

With that, I will conclude. I appreciate this opportunity, and I look forward to questions from my colleagues.

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June 9th, 2022 / 9:55 p.m.
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Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, I thank the member for Avignon—La Mitis—Matane—Matapédia for her speech.

According to Statistics Canada, 75% of gun deaths, the vast majority, are unrelated to gangs or crimes. They are suicides. Harvard research refutes the misconception that people who are determined to kill themselves will find a way, but the lethality of the chosen method is important.

Does my colleague think Bill C‑21 will reduce the number of suicides?

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June 9th, 2022 / 9:55 p.m.
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Bloc

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

Madam Speaker, I thank my colleague for her French, which I must say is excellent. I thank her for making the effort to ask this question.

Indeed, this subject concerned me in committee. The opposition parties cannot invite as many witnesses as the government, but I still made an effort to invite the band council for the indigenous communities of the Akwesasne territory and the Akwesasne Mohawk Police Service to appear.

They came to explain their reality to us. They are often demonized in the media and accused of being complicit in this arms trafficking, which is definitely not the case. They asked to be partnered with other police forces in this fight, and that is exactly what the Quebec government did today by giving them the means to act. Unfortunately, that is not what Bill C-21 does for them.

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June 9th, 2022 / 9:50 p.m.
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Bloc

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

Madam Speaker, I can see that my colleague is very familiar with the file, and I thank her for that. Of course I talked about the negative first and left the positive to the end, but I did not have time to get to the positive. I must admit that Bill C-21 does actually contain some good measures, such as the the red flag and yellow flag measures. As I pointed out earlier, the minister has been very attentive to various groups and what they were calling for.

I said that I would work constructively with the government to improve any aspects that are perhaps less positive. When it comes time to vote, we will see whether the Bloc Québécois will support this bill.

I would also have liked to see something on assault weapons in this bill. What we heard from the Prime Minister at his press conference was that the buyback program would be postponed and that public consultation would begin later. A lot of work remains to be done on this, unfortunately, and we can talk about that at another time.

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June 9th, 2022 / 9:50 p.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I rise on a point of order.

Bill C-21 is being considered without quorum, and for Hansard it should be noted that a debate is happening contrary to the constitutional requirement that the House cannot depart from its own code of procedure when the procedure is entrenched in the Constitution of Canada.

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June 9th, 2022 / 9:30 p.m.
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Bloc

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

Madam Speaker, I am very pleased to finally speak to Bill C-21.

We had almost given up hope of hearing about a gun control bill before the end of the parliamentary session. The government finally introduced a bill last week, perhaps somewhat reactively. That is typical of the Liberal government, always reacting to events. Unfortunately, a few days ago, there was the massacre in Texas. Also a few days ago, shots were fired near a child care centre in Rivière-des-Prairies, in the greater Montreal area. I get the impression that these kinds of events are what finally pushed the government to act. That is fine, but it is unfortunate that violent events like these have to happen before the government introduces legislation that we have long been calling for.

My colleague from Rivière-du-Nord and I make it our mission during virtually every question period to remind the minister that taking action on gun control is important. That is our topic this evening, but legal weapons are not the only problem. Illegal weapons and arms trafficking, especially in Quebec, but also across Canada, are problems too. I think legislation is long overdue. The Bloc Québécois made it clear elsewhere, in the media for example, that it thinks Bill C‑21 is a step in the right direction.

Quite honestly, the previous version of the bill, which was introduced in the last Parliament, pleased nobody. Neither groups for gun control nor those against it liked the bill. It was flawed. I will say that the government really listened to groups advocating for women and victims of shootings. They came to talk to the government and tell it which important elements they thought should be included in the bill. Clearly a lot has changed since the first version, and that is great.

However, we need to point out some elements that are perhaps more negative. As I was saying, unfortunately, Bill C‑21 does not solve all the problems. Currently, one of the biggest problems in the greater Montreal area is the shootings being carried out by criminal groups. They are obtaining weapons illegally. There have been shootings in the past with firearms that were 100% legal and that belonged to licensed gun owners who had no mental health issues or criminal records. It does happen, but not very often. I have the impression that most of the shootings happening these days involve illegal firearms. We must find a way to address this problem.

There was talk earlier about how Quebec has been proactive and has almost done everything that we have been calling on the federal government to do for months. We were with the minister this morning at the Standing Committee on Public Safety and National Security when the news dropped that Quebec will invest $6.2 million in the Akwesasne Mohawk Police Service. Representatives from this police department came to tell the Standing Committee on Public Safety and National Security about their particular situation. Akwesasne is an indigenous community that straddles the borders of Quebec, Ontario and even the United States. This requires collaboration among the different police departments. Smugglers are very familiar with this area, where trafficking is done by boat in the summer and by snowmobile in the winter. Weapons come through the area by the hundreds every week. The federal government needs to get involved because it is responsible for the borders.

This morning, Quebec announced $6.2 million for police services. This money will be used to hire five additional police officers and to purchase a new patrol boat, an all-terrain vehicle and snowmobiles to bolster the fight against gun smuggling in Quebec. This is great news. While making this announcement, Geneviève Guilbault, Quebec's public safety minister, said she was still waiting on the money from an agreement with the federal government. The federal government promised funding to help Quebec and the provinces crack down on firearms, but it seems they are still waiting for this money. They are anxious to receive it and continue this important fight.

Let us come back to Bill C‑21. This version is better than earlier ones, but there are still some flaws. Some elements seem poorly drafted. I think it is shameful that the government is rushing things and not letting us have the time to do our job as parliamentarians. I am guessing that is what it intends to do, since that is what has been happening in the House of Commons over the past few days. By constantly invoking closure, the government is trying to shorten debate by a few hours in order to move forward more quickly. However, it is actually our job as parliamentarians to take the time to study bills, debate them in the House, make amendments and improve them. That is what I intend to do with Bill C‑21.

I want to try to work constructively with the government to improve the bill. I want to come back to the motion my Conservative colleague wanted to move today at the Standing Committee on Public Safety and National Security. I must say that she stated in good faith that there are some elements of the bill that we can all agree on. Let us move forward quickly with those measures, while taking the time to study the rest more closely.

The Liberals did not agree, obviously, for partisan political reasons. On the other hand, when the Liberals try to speed things along, the Conservatives oppose them. Let us try to be more constructive and work together like we do at the Standing Committee on Public Safety and National Security. As my colleague mentioned earlier, we very much agree on the firearms issue, to the point where it feels almost unprecedented. We have managed to work together quite well, which is important to highlight.

I want to discuss all aspects of the bill, beginning with the measure about handguns. This is really the government's key measure, which proposes a freeze on the acquisition, sale and transfer of handguns by individuals. This was quite unexpected. I myself was surprised to hear this. I never thought the government would go so far.

It was the way it proceeded that surprised me a bit. The way this was announced at the press conference made it sound like the freeze was part of Bill C‑21. A little later, the government realized that it could proceed through regulations, which is a whole other procedure. It would be 30 business days before this came into effect. Those 30 business days left enough time for those who already had a licence to go out and buy more guns. Gun sales exploded across the country. I saw a B.C. gun seller on CTV News who said that the Prime Minister had become “salesman of the month”. That really is the message he sent to people.

The government's intention was to reduce the number of handguns in circulation, but it had the opposite effect. That is a shame, because I think there was another way to go about this. Take for example the assault weapons ban on May 1, 2020. The government compiled a list of 1,500 banned guns, and the ban came into effect immediately. People did not have time to go out and buy a gun before the ban took effect.

I wonder why the government chose a freeze instead of a ban and why it did that through regulations, when we were led to believe it would be in the bill from the start. Questions like that remain unanswered.

I think it is especially unfortunate that the government did not anticipate that people would rush to the store to buy more guns. Perhaps they should have taken more time to iron out all the details before presenting them.

Our understanding is that once the freeze is in place, handguns will eventually disappear because they can no longer be transferred to someone else. People who currently have a permit will be able to continue to use their guns. Of course, there are some exceptions for police officers and bodyguards who have a firearms licence. It is still unclear what will happen with sport shooters. We are being told that the government will establish by regulation what it all means, but questions are already popping up.

The procedures in Quebec are quite strict already. I get the sense that these regulations will not necessarily change much in Quebec, but I will come back to that.

I would like to say that I am not a firearms expert. It is easy enough to go on social media, demonize me and say that I have no clue what I am talking about.

Recently, I was asked if I knew the procedure for buying a weapon. It is actually fairly complex. I will give the people who asked me this: It may happen overnight in the United States, for example, but not here.

Gun culture is a thing in the United States, and it is pretty intense. We are worried it might spread to Canada. Acquiring a firearm, however, is very different. After the Texas shooting a few days ago, people from Le Journal de Montréal went down there to run a test and find out how individuals get firearms. What they found out is that all one needs is a driver's licence and 15 minutes to walk out of the store with a gun and ammo. In Texas, it takes longer to buy a car than a weapon. That is pretty unbelievable.

In Canada, the rules are stricter, and I think that is a good thing. People who choose to pursue their passion for firearms and make it their hobby need to understand that weapons are dangerous. That is why they need to be regulated. It all needs to be governed by regulations. I think we have to be cognizant of that.

If someone in Quebec wants to obtain a handgun right now, they have to complete several training courses. There is the Canadian firearms safety course, the Canadian restricted firearms safety course and the Bill 9 aptitude test. Next, they have to apply for a possession and acquisition licence. That can take around six months. Lastly, the individual has to join a shooting club. That is a requirement in Quebec.

I will admit that this is not a simple process and cannot be done overnight. I sometimes hear the rhetoric that guns are not dangerous, that the person pulling the trigger is dangerous. I have to disagree. Guns are dangerous.

As I was saying, anyone using this device or tool, I am not sure what to call it, needs to be aware that it is dangerous. Anyone choosing to use a firearm must be aware that it could be used by a person with bad intentions and that firearm regulations make sense.

What we understand is that with the freeze handguns will eventually disappear. We also understand that for people who train to use guns competitively, there may be a way to get around the rules. Reading legislation or regulations is rather complicated. However, when we take the time to read between the lines, we sometimes see certain details that may be questionable. That is true here, there are questionable details, and we certainly need to take this to committee to determine what it means.

The other thing is that the freeze may not do anything beyond what Quebec is already doing, in other words require that a person be a member of a gun club before being able to acquire a handgun. If a person is already a member of a gun club then there will be no real change. They will be grandfathered and allowed to continue using the handgun. These are questions I will have to ask during study of the bill.

I want to come back again to the fact that people have been rushing out to purchase handguns, because they know the regulations are not yet in effect. This shows that Bill C-21 will not solve the problem in the short term, so it does not meet its own objective. Guns continue to be a problem on our streets and in our municipalities, which is why people are increasingly concerned. We are reminded of this every day, given current events.

There was another car chase in broad daylight in a residential area in greater Montreal yesterday. Dozens of shots were fired. People were eating on their balconies and walking down the street, and they witnessed this first-hand. Fortunately there were no casualties, but there could have been injuries and even fatalities. It has practically become the norm in Montreal, in Quebec. It is scary when you think about it. It is also scary for parents to send their children to school, to go to work, or to go anywhere for that matter, because in the last few months, there have been shots fired near a day care centre, near schools and even in a library. The library's windows shattered because of the gunfire. It is unbelievable.

This notorious gun culture, which I mentioned earlier and is entrenched in the United States, seems to be gradually taking hold in Canada, and no one wants that. Unfortunately, Bill C-21 gives us no reassurance that it will solve this problem. It might solve certain things and it might be a step in the right direction, but the terrible problem of gun trafficking remains prevalent. Bill C-21 does not address this.

I want to share some statistics. According to the Service de police de la Ville de Montréal, 95% of handguns used in violent crimes come from the black market. During question period we often hear that organized crime uses illegal weapons and that members of these organizations are the ones committing crimes most of the time.

I often hear people say that we are going after good, law-abiding gun owners. This is true in some cases, but not always. As I said earlier, mass shootings with legal firearms are rare, but they do happen.

We made a lot of proposals that were not included in Bill C‑21 in an attempt to find a number of measures that would work best together. My colleague from Rivière-du-Nord introduced Bill C‑279 to create an organized crime registry.

The way we see it, giving police officers more tools and means to act is another way we can control firearms. Why is being a member of a terrorist group illegal but being a member of organized crime is not? This is a fair question because organized crime groups are behind the violence we are seeing in the big cities right now. I think that this bill could be a worthwhile, easy-to-implement tool, and I urge the minister and his colleagues to read it.

We have heard a great deal about investments at the border, and I just mentioned the investments made by Quebec. We must not forget that the border is under federal jurisdiction and that there is work to be done there. Witnesses told us about what is actually happening at the border. Even border services officers told us that they were ready for their mandate to be expanded and that they would like to patrol the areas between border crossings, which they currently cannot do. It is true that the Canada-U.S. border is so long that it is almost impossible to have officers covering every kilometre of it. However, the mandate of these officers could be expanded so they could go on patrol.

My colleague also reminded us earlier that smuggled guns and drugs arrive in Canada by boat and by train. We do not have the tools we need to search these conveyances. These types of measures could certainly help the fight against firearms, especially those that are illegal.

Thanks to a motion that I moved a few months ago in the House, the Standing Committee on Public Safety and National Security was able to study this problem. It was the topic of its first report, which was tabled recently in the House. The report contains several recommendations for more resources and more collaboration. On that subject, the RCMP commissioner admitted to the committee that police forces could talk to each other more and share more information.

Experts from public safety agencies agreed with every point and argument we made and told us that we do indeed need to provide more financial and human resources. It is a problem that we will not be able to fix in the short term, but we should start working on it immediately.

The National Police Federation told me that the police forces are short on officers and will not be able to get more overnight. I learned that dozens of officers are deployed every week to Roxham Road to receive irregular migrants. The Government of Quebec and the Bloc Québécois have been calling for that road to be closed so that the migrants can be received the regular way through a safe, normal process. This would allow these officers to be reassigned to the fight against guns.

Madam Speaker, since you are signalling that my time is up, I will end there and I look forward to my colleagues' questions.

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June 9th, 2022 / 9:25 p.m.
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Conservative

Rick Perkins Conservative South Shore—St. Margarets, NS

Madam Speaker, we hear a lot from the government about its input measures. The Liberals spend more than anybody else. That is their common response. Since the bill has been introduced and since the Prime Minister contradicted the earlier quotes he himself made in 2012, which the member mentioned, I am curious about something.

We have heard claims that Bill C-21 will reduce gun crime in our cities, but we have been unable to nail the government down on the actual targets that this measure will hit in terms of crime reduction in the cities. There is not much use in introducing this kind of legislation unless there are actually specific targets that we think it will hit. Could the member comment on whether, either in committee or in the discussions she had with the department and other officials, the government has set any actual goals for what this will do in having a positive effect in reducing gun crime?

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June 9th, 2022 / 9:20 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I enjoy working with my colleague on the Standing Committee on Public Safety and National Security. She is quite right that we have a good working relationship.

I have two questions. The first one is that through a technical reading of the bill—because she did talk about lawful gun owners—my understanding of Bill C-21 is that if it becomes law, current owners of handguns could still legally use them. People could still go to a range to fire handguns under the supervision of an RPAL holder, especially if the range owns a collection of handguns. I am just wondering if she can clarify whether that is her understanding of the bill as well.

My second question is about this being a very complex problem. She quoted a lot of police officers. Let me also quote from Staff Sergeant Michael Rowe of the Vancouver Police Department, who also appeared before the public safety committee. He identified straw purchases and the diversion of legally owned handguns as also being big problems.

Therefore, two things can be true here: We can have a problem from gun smuggling, but there is also a problem from the illegal diversion of legally owned handguns. If we ignore that and focus only on the smuggling problem, we are doing a disservice to public safety. Would she not admit that domestic diversion is also a problem, as was clearly identified by Staff Sergeant Michael Rowe of the Vancouver Police Department?

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June 9th, 2022 / 9:20 p.m.
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Conservative

Raquel Dancho Conservative Kildonan—St. Paul, MB

Madam Speaker, I could not have said it better myself. I agree completely that this bill, as he said, does surely target lawful firearms owners and does not go after the criminals shooting up our cities, including Montreal, where there have been deaths and where young people are at risk of dying from drive-by shootings. We are now seeing this almost every single day in Montreal.

The minister, respectfully, has kind of been parading around as though Bill C-21 is the big solution and is going to end handguns. He knows it will not. He has to know that. He knows. He is smart. He knows the issue is with illegally smuggled guns and the gangs who illegally possess them and use them to shoot up our cities. This bill would do nothing to address that, and I agree completely with my Bloc colleague.