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

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Madam Speaker, I agree with my colleague's comment about it not being true that the opposition parties never propose anything. The Bloc Québécois has been proposing a joint peacekeeping unit with the United States for months. Today we learned that Quebec invested $6.2‑million to address this issue, even though borders are a federal responsibility. It is a little strange, but things are not moving quickly on the federal government side.

The Minister of Public Safety tells us that Bill C‑21 will address the dramatic increase in daily shootings in Montreal and elsewhere in Canada. However, I read Bill C‑21, and it deals with weapons that are legally purchased in Canada.

I may be mistaken, but from what I understand, criminal gangs are behind these shootings, and they get their illegal firearms from traffickers. I could be wrong, though, because the Minister of Public Safety seems to think that criminals buy their guns at Canadian Tire or some other gun shop before going out to shoot up schools or other places.

Does my colleague think I am mistaken or does she also think that criminal gangs, and not local businesses, are supplying these guns?

[Raquel Dancho, Conservative, Kildonan—St. Paul, MB]

Madam Speaker, I am very honoured to put words on the record concerning Bill C-21.

We have a very serious gun violence problem in the country, one that Conservatives across the country are deeply concerned about. I have to say that when there were rumours that this announcement from the Liberals was coming forward and it was going to be a big splashy event at the Château Laurier here in downtown Ottawa, I was looking forward to hearing something that could really make a meaningful impact on this devastating issue that has ripped families apart and taken innocent lives. However, I was left feeling deeply, deeply disappointed. It was a missed opportunity to provide real hope for Canadians that gun violence would go down.

What is interesting is that since the Prime Minister formed government seven years ago, gun violence and violent crime in Canada has consistently gone up. It has never been so bad since I have been alive when it comes to the gun statistics in this country and those killing each other with guns in Toronto, Montreal, Winnipeg, Saskatoon, Edmonton and Vancouver. It is a serious, serious issue. That is why I felt so let down by the government's announcement, because it will not make any meaningful impact on gun violence and we so desperately needed a meaningful announcement.

I am going to mention a couple of crime statistics, because they are very alarming. Homicide rates went up 7% from last year. That is a consistent increase, year over year over year, 7% more from last year, so now two out of 100,000 Canadians are victims of a homicide. Violent crime, again, is up 5% in the last six years. Firearm-related offences increased for the sixth year in a row. These are stats from last year, so we will see what they are this year, but from the police reports, it sounds like it is going to be one of the worst years on record. Homicides are at a 30-year high and at least a third of them are committed with firearms.

I represent a riding in Winnipeg. It is ranked the violent crime capital of Canada, frankly, year over year, so I know first-hand the devastation that gun crime and violent crime cause in communities, especially our vulnerable communities.

In fact, in Toronto, in 2014, before the Prime Minister came to office, there were 177 instances where firearms were shot illegally. Now that number is up to 462. Is has gone from 177 to 462 in Toronto. Clearly, the Liberal approach is a resounding failure when it comes to keeping our communities safe. It is a fact that our communities are less safe. Canadians are less safe since the Prime Minister took office. Again, the Liberals had the opportunity to address that at their announcement, but they failed to do so.

In Winnipeg we have serious concerns. Winnipeg's North End is a predominantly indigenous community that suffers significantly with addictions, homicides, violent crimes, domestic abuse, spousal abuse, child abuse. In fact, in Manitoba, child and family services remove the most children per capita than anywhere else in the world, and at least 90% to 97% of them are indigenous. Our prisons at all levels are filled with indigenous youth. It is a serious problem that we are facing in this country.

We have also the missing and murdered indigenous women. Indigenous women in Manitoba are most impacted by those horrendous statistics, and yet we have Bill C-5 from the government. On one hand, the minister said in his speech that he is increasing maximum penalties for firearm offences, some of them, to send a message to criminals, while on the other hand, his colleague is eliminating mandatory prison time for serious firearm offences.

We are talking about robbery with a firearm. If a person robs someone at gunpoint, there is no guarantee that person is going to prison now. The individual may actually get to serve house arrest in the community where the person caused the violent crime. Extortion with a firearm and firing a firearm with the intent to injure someone, that is, shooting at someone and planning to hit them with the bullet, no longer results in mandatory prison time under the Liberal government. There is using a firearm in committing a crime, and I could go on. In fact, someone who is a drug trafficker will no longer face mandatory prison time under Bill C-5.

On one hand, the Liberals say they are getting tough on criminals. On the other hand, they are letting them completely off the hook, allowing them to serve, perhaps, house arrest in the communities they have terrorized.

There is the removal of the mandatory prison time for drug trafficking, which is deeply related, as my NDP colleague referred to in his question, to gun violence in the country. Just last year, over 7,000 Canadians died from drug overdoses, mostly opioids, that is, fentanyl, carfentanil. It was more deadly for young people to die from a drug overdose than COVID. That is how serious the drug epidemic in this country is.

We all have different approaches on how to solve that, but I would say that removing mandatory prison time for the individuals who push drugs on vulnerable Canadians, who traffic drugs into this country, is the wrong approach.

They are responsible for murdering thousands of Canadians, especially in B.C. It is especially an issue with young people, so the government's approach to firearms and violent crime, despite the rise in statistics, does not make sense.

Then we have the government bringing forward this handgun freeze. The minister has consistently said that we are stopping this trend with the handgun freeze, but we know that the handguns used in Toronto gang crimes are not from legal gun owners. They are smuggled in from the United States, and I will get to that.

What I think is particularly interesting is all the individuals, particularly police, who have come out to say that handgun bans and buybacks will not work. They will not work to address the rising gun violence in this country.

In fact, I will start with an interesting quote here by an individual who said, “The long-gun registry, as it was, was a failure.... There are better ways of keeping us safe than that registry which...has been removed.” We are not talking about the registry today, but it was a gun control mechanism that was brought in formerly by a Liberal government, so I think it is relevant.

This individual said, “I grew up with long guns, rifles and shotguns.... The RCMP guarding me had handguns and I got to play with them every now and then”, although the RCMP was “very responsible” around him. He said, “I was raised with an appreciation and an understanding of how important in rural areas and right across the country gun ownership is as a part of the culture of Canada.” It was a very important person who said this. He continued, “I do not feel that there's any huge contradiction between keeping our cities safe from gun violence and gangs, and allowing this important facet of Canadian identity which is having a gun.”

That was the Prime Minister of Canada, back in 2012 or 2013. Wow, how times have changed.

In reference to a handgun ban, another important individual of the Liberal government said, “I believe that would be potentially a very expensive proposition but just as importantly, it would not in my opinion be perhaps the most effective measure in restricting the access that criminals would have to such weapons, because we’d still have a problem with them being smuggled across the border”. That was the Minister of Emergency Preparedness, the former minister of public safety. Those were his words.

There is also the deputy chief of the Toronto Police Service, Myron Demkiw, who deals with this on the front line and puts his life on the line dealing with criminals shooting guns in downtown Toronto. He and his officers put their lives on the line to keep communities safe from gun violence. In reference to guns, he said, “They're not domestically sourced. They are internationally sourced. Our problem in Toronto is handguns from the United States.” I asked him about the handgun ban and the buyback proposed by the government, which is going forward, and he said, “Investing in what you described is certainly not going to deal with the crime problem we're facing in Toronto as it relates to criminal handguns and the use of criminal handguns. We believe an investment upstream is a very valuable focus of resources.” When I asked him if we should invest more in police or if we should ban guns, that was his response. Clearly, he does not believe it will be effective, and he is someone at the epicentre of gun violence in this country.

In fact, I have pages and pages of quotes from frontline officers, who deal with this more than anybody else, who have said that bans will not work because they do not tackle the problem.

We recently studied this issue, guns and gangs, at the national security and public safety committee, for which I am the vice-chair. We had a very robust debate. We had police experts. We had crime experts. We had community advocates. Not one recommendation in that report was to ban handguns, because none of the experts, none of the police experts and none of the community anti-gang experts said that that would be a solution. All of them said that that would not work, because we know from the Toronto police that over 85% of the handguns used in violent crimes in Toronto are smuggled in from the United States. This is a serious and growing problem that the government has failed to address.

I am an MP from Winnipeg. Recently, I took a tour of the Winnipeg police headquarters, where they showed me a half-a-million-dollar drug bust: all these deadly opioids, piles of cash and a very long table with all the firearms they had seized from the gangsters who were responsible. They are making these busts monthly. I took a look at all the guns. They said that, number one, every single gun on that table was already prohibited, not just restricted but prohibited. No one would have been able to legally get those guns in the country, no matter what kind of licence a person had. The second thing they said was that all of them were smuggled in from the United States. Then they showed me a map of the train tracks across North America, major rail lines that went all the way from Mexico, all the way through the central United States, all the way to Winnipeg.

They suspect that a significant number of the drugs and the guns from the United States that are killing Canadians are coming in on rail, so at committee I asked the border agents why they cannot stop it. They said they do not have the capacity, beyond checking one one-millionth, which is effectively none, of the railcars coming into Canada. We also have very little capacity to check marine ports of entry. We are struggling on retention issues at the border. We need many more border officers and much increased and improved technology to stop gun smuggling. All experts agree that this is where the problem is coming from.

The current government has spent more money than any government in history, actually all combined, if we look at deficits. If it really wanted to solve gun violence, it would be dumping billions of dollars into the border to shore up our security, because of course we share the longest undefended border in the world with a country that has more guns than people. Therefore, we have to get real about the Herculean effort it is going to take to stop this problem, which I think every single person in this House agrees we must do.

I am going to talk about police. I mentioned the police. We know that, particularly in rural Canada but in cities as well, the police are struggling to respond to calls. If there is a break and enter in Winnipeg, it may take them a month to come and investigate it because they are so overwhelmed with gun violence and violent crimes. That is how bad it is getting. Do not even get me started on the calls for service in rural Canada. It is unbearable for people in rural Canada.

The answer is that we need far more police and far more investments in guns and gangs units in this country. If we talk to police officers on the front lines, they will say that they are strapped and cannot keep up with demand. Drug and gun deaths are going up and they need more help. Therefore, it is about border security investments and police guns and gangs unit investments. That is what would make a real difference in reducing gun violence, significant investment.

As well, at committee we had a number of remarkable people from the grassroots community in Toronto. One of them, Marcell Wilson, was a hardened criminal who was rehabilitated. He turned his life around and started the One by One Movement. The One by One Movement saves at-risk youth in vulnerable communities from joining a life of gangs and following a life of crime. This man and his organization are saving young people from this life of crime. There is a similar organization in my community, called the Bear Clan Patrol. It really focuses on Winnipeg's north end, which is dealing with a lot of trauma. There are community organizations like this all across the country. They need significant investment and support from all levels of government. That is a long-term solution for the gun violence we are seeing.

I think there is a lot we can agree on with respect to this. The minister talked about red flag laws, increasing the penalties for those who try to smuggle guns into this country, and a few other minor things that I think all members of this House can agree on, so today, in very good faith, we talked to the other parties and we brought forward the following motion. I was not allowed to read it because I was cut off, but I will read it now into the record. This motion was to be brought forward so we can depoliticize this issue. Conservatives firmly believe, as do nearly all firearms owners in this country, that the current government does not have an interest in solving gun violence but wants to stigmatize and divide Canadians on this issue. Therefore, we wanted to take the politics out of it and say that there are parts of this bill we are really keen on, so we can work together, get them to committee, study them and get them passed. Let us quicken the process and save lives, hopefully, if they are effective, which we will find out at committee. Let us put the really difficult political issues through the debate in the House. This is not something that is foreign. We split bills. That is a possibility. It is a democratic tool that we have.

I wanted to say, before I was cut off by Liberal members, that given that the debate on combatting gun violence needs to be depoliticized and centred on the rights of victims and the safety of communities, the House should call on the government to divide Bill C-21 into two parts to allow for those measures where there is broad support across all parties to proceed separately, namely curbing domestic violence and tackling the flow of guns over the Canada-U.S. border, from those aspects of the bill that divide the House. That is fairly collaborative, I would say.

I have to say that Liberal, Conservative, Bloc and NDP members on the public safety committee have worked very well together. We really tried to put our politics aside and we came up with a really great guns and gangs study that we all signed on to. Can members imagine all parties signing on to a guns and gangs study? It is unheard of.

That is how we can work together and how I have shown that I can work together with others on this issue to create real solutions. When I attempted to do that in the House today, the Liberals shot it down, so I will take no lessons from them about playing politics with this. We made a good-faith effort today and they shot it down.

I also want to talk about some of the people who are impacted by this ban. The minister said something very odd recently on the news. He said that this bill does not impact law-abiding citizens and it does not impact law-abiding gun owners. I am not sure if he has read his own bill, because this bill, the handgun freeze, impacts only legal owners. It impacts only people who follow the law.

I will remind the House that those who possess RPAL, the restricted licence, need to be trained, vetted and background-checked. They are some of the most background-checked individuals in the country, and with good reason. Conservatives support very strict gun laws in this country. Only the most responsible, law-abiding citizens should ever come near a gun.

We have a situation where those individuals are the only ones being targeted by this. It is not the criminals in Toronto. They do not care. They are laughing about this handgun freeze. They already own them illegally. They are carrying them around and shooting up their communities illegally now. Do members think they care about a handgun freeze? They are laughing; it is ridiculous.

I would like to talk about some of the individuals who are impacted by this, because I think it is pretty important. Some of them are in the sport shooting community. There is a large sport shooting community. For folks who are watching at home, if they do not own a firearm or have never been around one, I understand this is very foreign to them. I understand. I am not a sport shooter myself, so it is not something that necessarily impacts me.

However, it certainly impacts our Olympic sport shooting community, which has thousands and thousands of sport shooters below it: associations, provincial competitions, national competitions, international competitions. This bill would end that sport in Canada, a sport in which we have competed at the Olympic level for well over a hundred years. The Liberals say they have consulted, but I am hearing from the very large, law-abiding sport shooting community that it has not had a call from the minister. The Liberals are not giving any dignity to these individuals, while ripping apart a major part of their cultural heritage in this country without even a conversation.

The Liberals are trying to push this through at committee with no debate, with a sneaky UC motion at committee. They do not even want to debate it. They want to do it today and completely eliminate any dignity from a large part of this country that values sport shooting and is proud of it. These people pass down their firearms to their daughters and sons. That is all eliminated. I just do not understand how the Liberals can bring forward something like this with no consultation with the community it impacts the most, because it is not impacting the illegal community. It is not impacting the individuals who are killing people in our cities.

If one looks at the crime stats and the trends since the Prime Minister took office, one would think the Liberals would bring forward a bill that would go after the problem, but no, they have chosen politics. They have chosen to go after the individuals who are least likely to commit crimes. Lawful gun owners are actually three times less likely to commit crimes, because they are so vetted and so background-checked, as it should be.

It is infuriating. I cannot tell members how many calls I have received from across the country, from women, educated people, professionals, doctors, pilots and academics who engage in sport shooting. They are asking why they are being attacked again by the government and why the government is not going after the problem. It is spending billions of dollars. The sky is the limit. Why is it not spending it in the cities so we can save people?

It is unbelievable. I can go on and on about this. I am very passionate about it, as I am sure we all are from our own perspectives, but I am willing to work and collaborate on the elements of this bill that we do agree on. That was shot down today, but maybe the Liberals will agree another day.

I would like to move an amendment. I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be not now read a second time but that the Order be discharged, the Bill withdrawn and the subject matter thereof referred to the Standing Committee on Public Safety and National Security.”

The purpose of my motion is to say we have to go back to the drawing board. This is not going to work. It is not going to solve gun violence. Conservatives will work together on the committee to solve gun violence in this country. We will collaborate and bring forward real solutions to tackle the problem, which is criminals and gangs smuggling guns in from the United States and hurting our communities.

Rest assured.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, my colleague's question does allow me to highlight the fact that even though some guns, many guns in fact, are legally purchased and possessed by law-abiding owners for whom we have the utmost respect, those guns can be stolen. Handguns have been stolen and assault-style rifles have been stolen and subsequently used in the commission of offences.

I would also point out that one of the challenges around the issue of introducing evidence is traceability. That is why what Bill C-21 would do, in conjunction with additional investments in budget 2022, is give more tools and resources to law enforcement and to the CBSA so that we can better trace the source of guns. That is something I would hope my hon. colleague would support. It is a common-sense measure and it is a way in which we can ensure justice.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, I want to begin by thanking my hon. colleague for really highlighting one of the complexities that confronts us in our effort to make our communities safer, whether they are dealing with gun violence or they are dealing with the violence that is driven by organized crime in the illegal drug trade. I believe my hon. colleague would agree it is important that we disentangle those who find themselves in front of the criminal law by virtue of substance abuse and mental health issues through substance use from those other individuals who, with no care or regard whatsoever for public safety or for our communities, go out and, again, for pure commercial purposes and for greed, visit incredible public harm on them. That is why we are taking an approach, first and foremost, of working with his home province of British Columbia to address the substance abuse challenge with the pilot project with the B.C. government.

However, when it comes to interdicting drug trafficking crime by organized crime that is commingled with gun crime, Bill C-21 would raise maximum sentences and also provide police with additional powers.

I will just say one thing very quickly in closing. My colleague is absolutely right. Bill C-21 by itself is not a foolproof guarantee. We have to take a look at this in the broader context of a comprehensive strategy, as I explained in my remarks.

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

Madam Speaker, I know the minister is approaching this issue from a very personal position, and I appreciate that, but I think we have to be very clear. I think the minister would agree with me that Bill C-21 by itself is not going to solve the very complex problem of gun crime. It is going to require a whole host of measures working together.

At the public safety committee, our first study in this Parliament was on gun and gang violence, and witness after witness was correlating the rise in gun crime with the drug trade. The government, just a few short weeks ago, did vote against Bill C-216, which would have decriminalized personal possession, set up a national strategy and set up expungement. I do not want to get into a debate about that, but I think the onus is now on the Government of Canada to explain what its next steps will be to address the incredibly high profit margins that exist in the drug trade that are driving the violence in big cities like Toronto and Vancouver.

It is the highly addictive nature of fentanyl and carfentanil and the massive profit margins that are leading to gangs competing with one another for that turf. That is driving a lot of the gun violence. In the absence of supporting Bill C-216, can the minister tell us what the next steps are to address that very specific problem?

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

Madam Speaker, I thank the minister for his speech. I am very pleased that we are finally starting this debate on Bill C‑21. I have a question about how to proceed and I would like to hear the minister's answer.

At the press conference announcing Bill C‑21, it seemed pretty clear that a freeze on handguns was part of it. We later realized that this could be done by regulation.

It seems to me that the government did not anticipate the fact that these regulations, which would not come into force immediately, would lead to a spike or an explosion in handgun sales in the country. Now that the government has realized this, it is trying to put out the fire and get the regulations through more quickly, for example by moving a motion in the Standing Committee on Public Safety and National Security today and perhaps adopting a motion in the House later to speed up the process, which I think is good. The intent of the bill was to reduce the number of firearms in circulation, but now that number is increasing because people are allowed to go out and buy more.

I am wondering what other ways could have been used. I also wonder why the Liberals decided to proceed with a freeze and regulation instead of a ban, as they did with the May 1, 2020, regulations on assault-style firearms.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, I think my colleague will know I carry no truck for criminals and I carry no truck for individuals who would use guns to do harm to the community or to individuals whatsoever. However, the fact of the matter is that, before she became a member of Parliament, the last time the Conservative Party had the reins of government, there was a failed and prosecuted agenda around sentence reforms that simply did not work. The Supreme Court of Canada repeatedly struck down those failed policies that were introduced under the Conservative government, which is why my hon. colleague, the Minister of Justice, has put forward Bill C-5.

Members can reconcile that with what we are doing in Bill C-21, which will ensure that the judiciary, in whom we have respect, trust and confidence, can dispense justice. By raising maximum sentences from 10 to 14 years, we would be sending the very clear and unambiguous signal that if someone is going to illegally traffic across a border or in our communities illegal firearms, they will face stiffer sentences.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

Madam Speaker, as I was saying, Bill C-21 would also grant new investigatory powers by expanding the list of eligible firearms offences so that police can obtain wiretaps. Having worked in the criminal justice system and having worked as a federal prosecutor, I can attest to the fact that wiretap surveillance does allow law enforcement to interdict and to prevent crime before it occurs. By adding these powers, we are sending not only a clear message that if people are going to traffic guns illegally, they are going to face stiffer sentences and we are going to equip police with additional powers to stop them.

That is the second thing I wanted to highlight. The third thing I want to highlight is that we need to stop, once and for all, a simultaneous trend. We are seeing gender-based violence in our workplaces, communities, homes or wherever online. There is a trend between gender-based violence and guns. Between 2013 and 2019, the incidents involving gender-based violence and guns went up more than 30%, and that trend has continued.

What Bill C-21 would do, among other things, is introduce red flag laws. Red flag laws allow anybody to go to court to ask a judge to seize the gun or suspend the licence of a person who owns a gun if they pose a threat to anyone else or themselves.

This is a practical and effective tool that can reverse a negative trend by providing another protective mechanism. On the advice of organizations representing women and survivors, we added an amendment to the red flag laws to protect the identity of the person asking the court to apply this mechanism. This is one example of the work we are doing with communities affected by gun violence.

In Bill C-21, we also introduce yellow flag laws that would limit the discretion of authorities by requiring the automatic revocation of the gun licence of anybody who was subject to a restraining order or would be subject to a restraining order in the future. There, too, we listened very carefully to the groups that we engaged with in the formulation of Bill C-21.

There are a lot of other things that this bill does. There are some very specific provisions that would deal with the use of replica guns. These pose a significant threat, particularly for law enforcement who, when they are responding to gun calls, find it exceedingly difficult to distinguish between a real gun and a replica gun.

There are provisions that deal with the glorification of gun violence. I am sure that all members are concerned about the very targeted and concerted effort to make guns seem unserious, and to make guns seem like they could be abused recklessly by children and young people. No one should glorify violence. There are provisions within Bill C-21 that deal with that, as well.

As we looked at the various provisions we could introduce into Bill C-21, we consulted extensively. As I have said, we spoke with survivors' groups, women's groups and advocates: those who stand up for the rights of victims. We took their advice into very careful consideration. It is my sincere belief that as a result of those conversations, they would now see that advice reflected in the text of this bill.

We listened very carefully to law enforcement, particularly on the provisions that relate to illegal gun smuggling and deterring gun crime, and to providing additional authorities to them so that they could do their jobs by providing them with the tools they need. The Canadian Association of Chiefs of Police has indicated that Bill C-21 would be a step in the right direction towards protecting our communities.

It is for that reason that I believe Bill C-21 enjoys the broad support of so many Canadians. It is not only those constituencies, but also big city mayors and rural mayors, with whom I met last week in Saskatchewan, who have come out in favour and said they supported Bill C-21.

It is my hope that we will study this bill with the urgency and the seriousness that it requires. It also has to be said that Bill C-21 has to be seen in the broader context of everything else that the government is doing, including introducing a national ban on AR-15s, which are assault-style rifles that have no place in our communities; taking the next steps that are necessary to introduce a mandatory buyback program, to get those guns out of our communities for good; following through with Bill C-71 to ensure that there are appropriate background checks, so that guns do not fall into the hands of the wrong people; and rolling out more quickly the $250-million building safer communities fund, so that we can address the root causes and social determinants of gun crime.

We need to do this as quickly as possible because of those survivors I referred to at the beginning of my remarks tonight. They are still climbing that mountain. They are still fighting their way to the top. It is a long journey, but the government is going to be there with them every step of the way. Bill C-21 is a very significant step in that direction. I hope that all members, after careful consideration, will support this bill. It is the right thing to do. It is how we will eradicate gun violence and protect all Canadians.

[Marco Mendicino, Liberal, Minister of Public Safety]

moved that Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be read the second time and referred to a committee.

Madam Speaker, it is an honour to have the opportunity to commence debate on Bill C-21, which is a bill that represents a culmination of the advocacy, effort and leadership of so many people, most especially the Canadians who have been profoundly impacted by gun violence.

I cannot bring enough humility to this chamber and to this speech to convey my gratitude to them and indeed to everyone who has contributed to a law that we believe, on the government side, represents a significant stride and an important step. It is probably the most important step we have taken with regard to gun law policy reform in a generation.

I want to bring the chamber's attention to a number of individuals whom I had the privilege of getting to know in the journey leading to this debate.

These are good people like Ken Price and Claire Smith, whose daughter Samantha was injured in the Danforth shooting tragedy in my hometown, and people like Nick Beaton, who lost his pregnant wife in the Portapique and Truro shooting in Nova Scotia.

I met people from Quebec, such as Imam Boufeldja Benabdallah of the Quebec mosque and Nathalie Provost, an incredibly inspiring survivor of the Polytechnique shooting in Montreal.

Most recently, I met Eileen Mohan, who lost her son about 15 years ago. He was only a young boy. It is an innocent life gone, snuffed out in the crossfire in British Columbia. He is one of the Surrey Six.

When I met Eileen about a week ago, she said to me, and I will never forget the look in her eye, that she was proud. She had waited 15 years for the government to put forward legislation that would do the things we are proposing to do so that no other mom, no other parent and no other person would have to lose a loved one like she did.

There is really no way to articulate that sense of loss, that anguish, in the conversations I have. It is indescribable, and perhaps the single most important motivation for me, and I genuinely hope for all members in the chamber, is ensuring that we do better by them by passing this law.

This has been exceedingly difficult, I have to say. I see the patience that these survivors have exhibited. It is as though, since the moment they lost the person who mattered to them or the moment they were directly impacted by gun violence, they have been climbing a mountain that is as high as one can imagine, and the elements are throwing everything at them: snow, rain, wind, boulders and avalanches. These are obstacles, and despite all of it, they have persevered and fought hard.

I just want to impress upon everyone here and all Canadians that this is why we are here. We are here for them. We can never forget that.

The imperative has only increased over the past number of years for us to take additional steps to revisit not only our gun laws, but also our entire strategy when it comes to fighting gun violence. A Statistics Canada report issued a little less than two weeks ago really shone a light on the extent of the problem. Gun violence is up 81% since 2009. Gun homicides are up. Handgun violence, specifically, is up, and this is the number one type of gun used in homicides. Alarmingly, domestic violence, intimate-partner violence and gender-based violence are all up in connection with the presence of guns and gun violence. This just goes to show that wherever one comes from in this debate, no matter what one's perspective is, there must be one thing that unites all of us, and that is the need to do more.

Bill C-21 represents the culmination of the advice we have received from so many constituencies, including from survivors and many others, which I will come to momentarily, to take that additional step to do better. We have had the occasion to start to explain the provisions in Bill C-21, and I will take the next few moments to give additional details on how those provisions would attack, very specifically, the issues that are so pernicious and so prevalent across communities in our country.

First and foremost, Bill C-21 would introduce a national freeze on handguns for the first time. In very clear language, this means that on a go-forward basis no one would be able to buy, sell, transfer or import a handgun. There would be limited exceptions for law enforcement and for those who work within the security industry, and there would be limited exceptions for those who compete in international competitions on behalf of Canada and the like. Beyond that, we would cap the market and stop the trend of a universe of classification of guns and handguns that has grown, on average, by about 45,000 to 55,000 new registrations every year. Members can imagine how quickly and how significantly the domain of handguns is growing within Canada.

It is no coincidence, in my opinion, that as the universe of those handguns has grown, so has the prevalence of handguns in the commission of serious violent offences, leading all the way to murder: to homicide. As a result of that, we are stopping that trend. That is one of the main centrepieces of the bill.

The last thing I will say about the priority and urgency that underlines this particular moment in time is that, since the government has stated its intention to pass Bill C-21 into law, we have seen a spike in the number of handgun sales across the country. This is something that the government was prepared for and was alive to, which is why, in addition to tabling Bill C-21, we also simultaneously put on the floor of the House of Commons regulations that would be modified under the Firearms Act so that we could more quickly bring in the effect of the national handgun freeze to stop the growth of that particular universe of guns. Again, these are increasingly being used in the commission of criminal offences leading up to homicide.

Earlier today, a number of MPs who caucus with the government at the Standing Committee on Public Security and National Security brought a motion with the hopes of achieving unanimity that we could more quickly bring in changes to the regulations under the Firearms Act, so that we could more quickly bring in the national handgun freeze and the effect of it. We did not get consensus at committee, unfortunately, and this is part of a sustained pattern that we have seen from the Conservative Party of Canada of an effort to obstruct debate.

In fact, this debate was supposed to start last Friday. I was right here in my chair after question period hoping to kick-start second reading, but instead we saw a flood of concurrence motions in a very deliberate effort to postpone the debate of Bill C-21. I am grateful that we are now finally commencing this debate, but let there be no more of it. Let us get on with it. We need to read and debate the bill.

The introduction of a national handgun freeze is the first thing. The second thing is that Bill C-21 will take on, in a very intentional and direct way, organized crime. It does this by first and foremost raising maximum sentences for illegal gun smugglers and traffickers at the border, from 10 years to 15 years. What is the effect of that statement of intent? It is to send a very powerful and clear message to anyone who is in the business of illegal gun smuggling that they are at greater risk of facing stiffer sentences. It is entirely appropriate, given the alarming trends that I have already alluded to and given the concerning report of Statistics Canada that shows that gun violence in various categories is on the rise and has been on the rise for some time.

In addition to that, and in consultation with law enforcement and provincial and territorial partners, we are also granting new investigatory powers to police by adding to the eligible offences under the Criminal Code under the specific category of firearms offences—

[Michael Barrett, Conservative, Leeds—Grenville—Thousand Islands and Rideau Lakes, ON]

Madam Speaker, it is a pleasure to join the debate this evening, and I think I will be bringing it home before we move on to the other piece of government legislation we are going to discuss.

Bill C-5 is problematic for a number of reasons, and I am going to articulate why I will not be able to support this bill. We have heard a lot of rationales presented by members on the government benches as to why this bill is compassionate, why they believe it is important that this needs to be done and why it is urgent that it be done now.

I would note that this bill was progressing through the House in its previous form in the last Parliament, and during that Parliament the Prime Minister and members of this place undertook not to call an election during the pandemic. However, politics being politics, the Prime Minister saw that the polls seemed favourable for his party's electoral fortunes, called an election and killed the bill.

Now we are back, and I guess it is urgent once more. The Liberals believe that, but it was not in the intervening period.

Let us talk about what the bill really would do. I want to address some of the arguments made in favour of it by the bill's proponents. One of those arguments is that eliminating mandatory prison time for some of these offences would help racialized Canadians and minorities who are disproportionately affected and over-represented in the justice system, so the Liberals are going to eliminate the MMPs for those individuals.

That is what they say Bill C-5 would do. In about 12 minutes we are going to debating Bill C-21, so let us talk about what Bill C-5 would do and what Bill C-21 would do.

Bill C-5 would remove the mandatory prison time for possession of a weapon obtained by the commission of an offence, so there would be no minimum. Bill C-21 would increase the maximum. Bill C-5 would remove the minimum penalty for weapons trafficking, while Bill C-21 would increase the maximum amount of time. For possession for the purpose of weapons trafficking, Bill C-5 would eliminate the minimum penalty, and Bill C-21, as members guessed it, would increase the maximum penalty. The same is true for importing or exporting a weapon, knowing it is unauthorized. The bills would remove the MMP and increase the maximum.

If the contention by the government is that it would be removing the minimum penalty because the folks who are being convicted of these offences are racialized Canadians and they are disproportionately represented in the justice system, why is it that the government wants to increase the maximum penalty?

There seems to be a bit of mental gymnastics happening for the Liberals to put forward these two pieces of legislation, which we are going to be debating in the House literally minutes apart.

We have talked about the opioid crisis in recent days in this place, and we talked about it today. It is a scourge in our country. People are dying every day, and the perpetrators, the dealers of this poison, who are preying on people in all of our communities, should know that what they are doing will carry the harshest penalties in our justice system. They are not the victims.

Bill C-5 would eliminate mandatory prison time for trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and production of a schedule 1 or 2 substance. Schedule 1 and 2 include heroin, cocaine, fentanyl and crystal meth.

I have heard conflation regarding this bill and the government's work with the Province of British Columbia to decriminalize what they call “simple possession” of those same substances. When we talk about fentanyl and carfentanil, two and a half grams is considered personal possession. That is enough to kill 1,000 people. That is 1,000 lethal doses.

Yesterday at the health committee, we heard Canada's chief public health officer say that if there is an overdose at a party or someone is carrying two and a half grams of carfentanil or fentanyl, the first step would be to administer naloxone, or Narcan. I do not know what the situation is like in British Columbia with respect to its emergency service preparedness for overdoses, but I do not know of a lot of fire or police departments or public health agencies that have 1,000 Narcan kits on hand. That is incredibly troubling.

This bill also talks about the expansion of conditional sentencing. This is where someone who is found guilty of an offence is able to serve their sentence in the community. The first thing I would draw to the attention of members in this place is bizarre, to put it gently. Someone would be eligible for conditional sentences, which means not serving their sentence in jail, if they are found guilty of prison breach. Therefore, when they break out of jail, the judge will say that it would be more appropriate for them to serve their sentence in the community. It is absurd.

To move from the absurd to the serious, I note offences such as sexual assault, kidnapping, trafficking in persons for a material benefit and abduction of a person under the age of 14. Someone found guilty of these offences would be eligible to serve their sentence in the community where they perpetrated the offence on their victims. They could be in the house right next door. That is not justice. We need to concern ourselves very much with the effects this legislation would have on the victims. This country needs to take an approach where the lens we put on everything we do has victims in mind. These perpetrators are not the victims.

Consider offences such as assaulting a peace officer causing bodily harm or with a weapon. Of course, we can go back to trafficking in or exporting and importing schedule III drugs. After putting poison in our communities, someone can serve their sentence in the community they were poisoning.

We have also heard about diversion for people who have simple possession for personal use of drugs and are struggling with addiction issues. We should have legislation in the House with a comprehension approach for treatment in every single one of the provinces. The Prime Minister, the Minister of Mental Health and Addictions, the Minister of Health, the Minister of Public Safety and the Minister of Justice should be working with the provinces every single day to come up with a framework for a national strategy on treatment. Right now, there are no Crown prosecutors bringing people before the courts for simple possession. There has already been a directive given by the prosecution service for that not to happen.

This bill is deeply flawed, and there are a number of ways we could work together in the House to make sure we are standing up for victims and make sure we are addressing those who are struggling with addiction. That is what I would like to turn my attention to and I will not be supporting this legislation.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, I thank my colleague for his speech. As my colleague already said, the issue is with when this bill was introduced. There is an increase in gun crimes. Yesterday we learned that 173 women and girls were killed in Canada in 2021 alone. That is a lot.

People are conflating Bill C‑21, which has to do with firearms, with this one. They are conflating serious gun crimes with simple drug possession. They are conflating everything and making questionable associations. There is an important distinction between these two bills and between gun crimes and the simple possession of drugs. This needs to be simplified. The timing of this bill is strange, however.

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

Madam Speaker, my colleague and I work together on the Standing Committee on Public Safety and National Security, notably on the gun control file.

Every time I hear my Conservative colleagues ask questions about Bill C-5 in question period, I hear the Minister of Public Safety respond with something about Bill C-21. I find that somewhat unfortunate because they are not the same thing.

Although I quite like my colleague, we both know that our opinions differ on this subject. For example, the Bloc members are big believers in rehabilitation and social reintegration. I think that Bill C-5 will help with that.

However, I think my colleague will agree with me that this is not the time to be introducing this bill, given the rise in gun crime across the country. We are trying to find ways to combat that situation.

What message does my colleague think is being sent to the public by introducing this bill at this time?

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

Mr. Speaker, my colleague's intervention this evening was an important intervention. Obviously, the concern on our side is that, on the one hand, we see with Bill C-21 an appearance, real or otherwise, that the Liberals are increasing firearms laws, but on the other hand, with Bill C-5, there is actually an option for those offences to be minimized and not have mandatory sentences. An example the member mentioned was the illegal use of a firearm in the commission of a crime, and there is a whole series of things.

I am wondering if he could comment on this: on the one hand, giving the appearance, as the Liberal government is doing, of strengthening gun laws, which will have no effect, and, on the other hand, diminishing that and allowing criminals to be even more emboldened, more brazen in their activities.

[Andy Fillmore, Liberal, Parliamentary Secretary to the Minister of Innovation]

Madam Speaker, I am very glad to rise today to speak on Bill C-5, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

Throughout the years, Canadians have witnessed the disproportionate representation of indigenous peoples, Black Canadians and members of marginalized communities in prisons across the country, including in my home province of Nova Scotia. Following the last federal election, our government promised to reintroduce the former bill, Bill C-22, during the first 100 days of our mandate, and that is exactly what the Minister of Justice and Attorney General of Canada did in December 2021. Bill C-5, as it is now known, supports our government's efforts to eliminate the systemic racism in Canada's criminal justice system that has been reported on for years by commissions of inquiry.

The main objective of Bill C-5 is to ensure public safety while at the same time ensuring that the responses to criminal conduct are fairer and more effective. Importantly, the bill would help reduce the overrepresentation of indigenous peoples, Black Canadians and marginalized communities in prisons from coast to coast to coast, which we heard the member for Vancouver Kingsway describe.

Bill C-5 would also ensure that courts across the country can continue to impose severe sentences for serious and violent crimes. Canadians all around the country desire a fair and competent criminal justice system. They want their provinces and their cities and their neighbourhoods to be and to feel safe at all times. They want to have faith in their justice system. They want to believe that offenders will be held responsible for their crimes in a transparent, fair and consistent way that upholds our country's ideals. As members of Parliament, we must listen to these concerns and then work hard to act on them, and act on them we have.

Bill C-5 includes three categories of reforms. The first would repeal mandatory minimum penalties for all drug offences, some firearm offences and one tobacco-related offence. Second, it would allow for a greater use of conditional sentence orders, or CSOs, and I will come back to those shortly. The third reform would require police and prosecutors to consider other measures for simple possession of drugs, such as diversion to addiction treatment programs.

Bill C-5 would repeal mandatory minimum penalties for certain offences that are associated with the overrepresentation of the groups I have mentioned.

The numbers do not lie. In 1999-2000, indigenous people represented 2% of the Canadian adult population but accounted for approximately 17% of admissions to federal custody. Since then, those numbers have moved in the wrong direction, and significantly so: Recent data suggests that indigenous Canadians now account for 5% of the Canadian adult population but 30% of federally incarcerated individuals. It is just not right.

Black Canadians represent 3% of the Canadian adult population but 7% of federally incarcerated individuals. They too are overrepresented in terms of federally incarcerated individuals.

Data from the Correctional Service of Canada for 2007 to 2017 revealed that 39% of Black people and 20% of indigenous people incarcerated in a federal institution during those years were there for offences carrying a mandatory minimum penalty. Again, 39% of Black people and 20% of indigenous people were there because of mandatory minimums.

Further, during the same years, the proportion of indigenous offenders admitted to federal custody for an offence punishable by mandatory minimum penalties almost doubled, rising from 14% to 26%. Bill C-5 would reverse that trend and, in so doing, seek to make the criminal justice system fairer and more equitable for all.

When the Minister of Justice visited my riding of Halifax, he met with members of the African Nova Scotian community, including members of the African Nova Scotian Justice Institute, who, among many things, are committed to fighting racism in the criminal justice system. This group has been advocating impact of race and cultural assessments, something that originated in Nova Scotia, and I want to thank people like Robert Wright for their hard work and Brandon Rolle, who appeared at the justice committee on this legislation, for helping move this idea forward.

Our government is funding impact of race and cultural assessments across Canada by investing $6.64 million over five years, followed by $1.6 million of annual ongoing funding.

Alongside the changes contained in the bill, these are the kinds of important investments needed to make our justice system fairer for all.

If mandatory minimum sentences are repealed, as provided for in Bill C-5, individuals may still be sentenced to harsh penalties. However, the courts will be able to consider the unique circumstances of each offence and determine the most appropriate sentence, rather than having their hands tied by mandatory minimum sentences, which, as we just heard, are filling up the jails with people who do not need to be there. This will help ensure that a person found guilty of an offence receives a sentence that is proportionate to their degree of responsibility and to the seriousness of the offence, while taking into account individualized factors.

Canada is not alone in recognizing that the increased and indiscriminate use of mandatory minimum penalties has proven to be a costly, ineffective and unfair approach to reducing crime, as others have also moved to reform. For instance, while the United States has historically made great use of MMPs, or mandatory minimum penalties, in the last decade many states, including Republican states, have moved toward reducing or eliminating mandatory sentences, with a particular focus on non-violent and drug-related charges.

The lead that the opposition followed in the Harper years from the Republicans in the United States has been proven not to work, and those Republicans are now changing their approach. Also, evidence shows that approaches other than imprisonment, such as community-based sanctions, reduce reoffending because they enable more effective reintegration into the community and reduce the stigma associated with criminal justice system involvement.

I do want to emphasize that those who commit serious crimes should face serious consequences. This is why, alongside Bill C-5, our government has brought forward Bill C-21, which will increase maximum penalties for firearms crimes. This would create the flexibility needed for our judges to impose appropriate sentences based on individual situations, and it is baffling to me that the Conservatives do not support it.

Bill C-5 would also increase the availability of conditional sentence orders, known as CSOs, without compromising public safety, so that sentencing courts could impose community-based sentences of less than two years when the offender does not pose a risk to public safety. A CSO is a sentence of incarceration of less than two years that is served in the community under strict conditions, such as curfew, house arrest, treatment and/or restrictions on possessing, owning or carrying a weapon.

The evidence is clear: Allowing offenders who do not pose a risk to public safety to serve their sentences under strict conditions in their community can be more effective at reducing future criminality. Offenders can keep a job, maintain ties with their families and maintain ties with their community. These are the measures that bring back flexibility of sentencing by allowing judges to help people, not just jail them.

For example, a judge can impose a CSO for an offender to serve their sentence at home and receive appropriate mental health and rehabilitation supports that we have heard again and again are so important to rehabilitation. This will increase access to alternatives to incarceration for low-risk offenders while also furthering the sentencing goals of denunciation and deterrence.

We have heard some claims from the other side that dangerous offenders will be able to get CSOs. That is simply not the case. CSOs will not be available for some offences prosecuted by way of indictment, including advocating genocide, torture, attempted murder, terrorism and criminal organization offences, for which the maximum term of imprisonment is 10 years or more. CSOs will only be available for sentences of under two years for offenders who do not pose a risk to public safety.

This is an important step in reorienting our criminal justice system so that it is both fairer and more effective, while ensuring public safety at the same time. All in all, Bill C-5 represents an important step in our government's efforts to eliminate systemic racism in Canadian society. This bill would also ensure that all Canadians have a safer and more equitable future.

The measures outlined in this bill go hand in hand with a slew of additional investments announced in the 2020 fall economic statement and the 2021 budget, which provide funding to promote co-operation on an indigenous justice strategy and engagement with indigenous communities and groups on creating legislation and activities that address systemic barriers in the criminal justice system.

Further, the government provides funding to community groups and programs that aid at-risk adolescents, give alternatives to criminal charges when possible, and help fight injustices in the judicial system that affect Black Canadians, indigenous peoples and other racialized communities.

I urge all of my colleagues in this chamber to support Bill C-5 to ensure a more equitable and fairer future for all Canadians. Regardless of their race, ethnicity or socio-economic backgrounds, Canadians from coast to coast deserve to feel safe and accepted in our society.

Business of the House

[Mark Holland, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, the cornerstone of democracy is voting and showing up to this place and participating, and that is of course what we do. Whether it is Bill C-11 or Bill C-21, there will be an opportunity, obviously, to continue debating legislation.

On Bill C-11 specifically, there were nine days at committee and many days at second reading. We have opportunities at third reading, and it will be going to the Senate. It is taking essential action to protect Canadian creators and Canadian heritage. We are proud to support this bill, and part of the thrust and parry of this place is that sometimes we disagree. That is not a representation of a decline in democracy; it is proof of it working.

This afternoon, we will continue with the report stage of Bill C-5 in respect of mandatory minimums. We will then call second reading of Bill C-21, the firearms legislation.

Tomorrow, we will debate government Motion No. 16 regarding proceedings for Bill C-11, as I was mentioning, on the Broadcasting Act.

When we return next week, we will focus on this government motion debate and continue our work on Bill C-5 and Bill C-11, as well as on Bill C-14 concerning electoral representation.