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.

Justice

[Marco Mendicino, Liberal, Minister of Public Safety]

Madam Speaker, I agree with my hon. colleague that it is unacceptable that we continue to see innocent lives taken away as a result of gun violence, which is why I hope my colleague and the Conservatives support Bill C-21, because it takes on organized crime head-on. It would raise maximum penalties against illegal smugglers and gun traffickers. It would also give police more—

Business of the House

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

Mr. Speaker, let me join my colleague opposite in welcoming you in your return to the role of Speaker. It is wonderful to see you there. I almost cannot see you because of the monument. I guess it is an homage to Fenway Park. It is our own green monster that has been constructed in this chamber. I can kind of see your head over it. It is wonderful to see you back in this place and in such fine form and good health. Welcome back.

Tomorrow morning, we will begin debate on Bill C-19, the budget legislation, which was reported back to the House from the finance committee yesterday. I want to take the opportunity to thank all members for their hard work on getting it back so quickly. Tomorrow afternoon, we will commence second reading debate of Bill C-21, the firearms legislation. Our priorities for next week will be report stage and third reading of the budget bill, and Bill C-5 regarding mandatory minimum sentences. Finally, I would like to inform the House that Tuesday, June 7 shall be an allotted day.

Public Safety

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

Mr. Speaker, the Liberals are doing such a good job that last night in Laval, a close associate of the mafia was shot in the middle of a restaurant in front of children. Bill C‑21 is clearly not curbing conflict between crime groups.

Organized crime is behind the wave of shootings in Montreal. These groups are importing illegal weapons and using them freely on our streets. The government needs to open its eyes and help police stop this scourge.

Do the government members understand how important and urgent it is to create an organized crime registry?

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

Minister, on Monday, your colleague, Minister Mendicino, introduced Bill C-21, and while a lot of the attention on that bill has been focused on the national handgun freeze, there are also some significant amendments within it to the Nuclear Safety and Control Act, for people who operate high-security sites. These are sites where you have category I or II nuclear materials, which are basically our nuclear power plants. If this bill goes through, the amendments to that act are going to require those sites to have an on-site nuclear response force that is composed of nuclear security officers, designated as peace officers, who will be proficient in all manner of firearms.

I guess that in your role as Minister of Emergency Preparedness, you have to try to proactively manage risks. Minister, have there been any instances in Canada that have prompted this amendment to the legislation? Did you find that there was a serious gap in the physical security of our sites? Were there any risks manifested that prompted this amendment?

Criminal Code

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

Mr. Speaker, I would like to thank my colleague for his question. I am happy to address this aspect, which I did not have time to talk about in my initial presentation.

First, with respect to Bill C-21, let us forget that. We need to fix this quickly, since there is not a single street gang that buys their guns at Canadian Tire. That does not happen.

With respect to systemic racism, what kind of twisted idea is it to claim that if there are indigenous or racialized people in our prisons, it is because the penalties are too harsh? What kind of an argument is that?

This population needs help, that is what we heard in committee. Yes, there are more people in prison; those are the statistics, and I will not change them. It is true that there are more indigenous and Black people in prison, but we need money, we need to work with these people and help their communities. It takes more than social workers, health care, education and all that to help them not commit crimes. To argue that society will lower its standards, that people from the Black or indigenous communities commit crimes and therefore we will reduce penalties so they do not go to prison, is just mind-blowing. I could not believe it when I read that.

When I saw my colleagues defend that in committee, I was happy I was not in their shoes. I imagine that the caucus forces them to defend these views, but if I were in their shoes I think I would have left the caucus.

[Gary Anandasangaree, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I enjoy working with my colleague opposite, and I believe he comes from a really good space when he talks about this bill, but I want to highlight a couple of things.

First and foremost is Bill C-21. A lot of the challenges the member addressed in his speech are addressed in Bill C-21. We have heard from him about them a number of times and we have delivered. It was tabled on Monday.

The issue that I want to probe with the member is the notion of systemic racism, because it is an area where we have had some conversations and I do not believe he is quite there yet in acknowledging that systemic racism exists.

After the report from the Office of the Correctional Investigator yesterday and after the testimony of people like the president of the Canadian Association of Black Lawyers and many others, does my friend opposite acknowledge that systemic racism exists and that we need to ensure our system of justice is fair and equitable to all who are part of it?

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

Mr. Speaker, I rise to speak to Bill C-5. I find this bill important but disheartening at the same time. The way in which the bill was presented is deplorable, and that is very sad. Bill C‑5 is really two bills in one. The first decriminalizes certain offences, and the second establishes diversion measures while also abolishing minimum sentences. These are two very different issues.

We are comfortable with the elimination of certain minimum sentences. Generally speaking, the Bloc Québécois believes that minimum sentences are not a cure-all. We think that they can actually be harmful in many cases and that we should trust the judges overseeing criminal trials. However, we believe that minimum sentences can be useful in some circumstances.

It would be especially unfortunate to eliminate them at the wrong time. Right now, gun violence is on the rise in Montreal and many other Canadian cities, and people want the government to do something. The government proposed Bill C-21 in an effort to control the circulation of legal weapons. However, the bill does nothing about the illegal weapons being used by street gangs to commit crimes and shoot people in the streets.

The Bloc says that this problem needs to be addressed, and we have some suggestions. For months now, we have been standing up in the House and talking about the need to identify organized criminal gangs and include targeted measures against members of criminal gangs in the Criminal Code. We have proposed a joint task force to stem the trafficking of illegal guns through indigenous reserves. People on the reserves have agreed to work with us on this plan. We have proposed more funding for border controls, to no avail. All of these measures would help curtail shootings, but the government has done nothing in this respect.

Now we have Bill C-5, which not only does nothing to fight gun violence committed with illegal weapons, but which also eliminates mandatory minimum sentences for crimes that I believe are pretty serious. I hardly consider armed robbery to be a trivial matter. Armed extortion is not a trivial matter either, nor is discharging a firearm with intent to wound, maim or disfigure. The government wants to eliminate the minimum sentences for these crimes just as the public is expressing concern. People want the government to do something to reassure them. Not only is the government responding by doing nothing, but it is eliminating the minimum sentences for these crimes. I am appalled.

At the same time, the government is establishing diversion measures for certain offences involving illicit substances. It is offering diversion for possession of substances for personal use. Rather than sending a person with drug addiction to prison, we will provide treatment. We will help the person regain control of their life and become a useful member of society again. That is a good thing.

However, these are two completely different subjects. The government is taking Parliament hostage by saying this is a package deal. Members are being forced to decide whether they are totally for it or totally against it. I find that appalling. In my opinion, that is a way of muzzling democracy.

I would have liked to hear my colleague from the governing party speak to this aspect of the issue. Why did his party refuse to split the bill from the beginning, as we requested? That would have made it a lot easier to work on. In any case, we have to live with it now. It is what it is.

Getting back to what I was saying about minimum sentences, there is a major problem with some of the offences. We tried to find solutions. The Bloc Québécois is against many things, but we are also in favour of certain things. Above all, we try to improve the bills that come through the House. Whenever we can make them acceptable and make sure they reflect the values and interests of the people we represent, we are happy to do so.

In this spirit, we made a suggestion. Now is not the time to abolish minimum sentences, because this would send the wrong message. Not only would it not reassure the public, but it would worry them even more. We therefore suggested maintaining the minimum sentences and adding clauses stating that the court could override them under exceptional circumstances.

That is the system used in other jurisdictions, and it works, as an expert told the Standing Committee on Justice and Human Rights. We proposed adding a clause requiring judges to state, if applicable, that the case they are trying is an exceptional case and that, under the circumstances, they will override the mandatory minimum sentence for such and such a reason. The clause would provide guidelines and ensure that justice is taken seriously.

Our proposal was so good that the Liberals changed two or three words and proposed it themselves. I was very happy about that, since I feel no need to take credit for the amendments to Bill C-5. However, when the time came to put the Liberals' amendment to a vote, none of them rose to present it, so I did it for them. I am dismayed by these sorts of games, because I think they are anti-democratic. They do not serve the interest of voters, either in Quebec or elsewhere in Canada. I am appalled by these tactics, and I would like to hear what my colleague across the aisle has to say about this.

That being said, there is also the whole diversion component, which is important to us, as I mentioned earlier. That is why I feel torn today. I do not know what to do. We will have to live with our decision, and it feels a bit like choosing between the plague and cholera. Whichever way we vote, we will be partly disappointed and partly happy.

However, we could have been completely happy if everyone here could have come to an agreement, because we basically want the same thing. I do not think that the members across the aisle, or my Conservative and NDP colleagues, are acting in bad faith. I simply think that we have different ways of looking at things and that, if we work together, we can find solutions that will satisfy our interests, our prerogatives and our respective voters. Unfortunately, we were unable to find common ground.

The opioid crisis is affecting Rivière‑du‑Nord, and it is a major problem. We have a great many other problems that we would like to solve using rehabilitation.

The Quebec government has already adopted diversion measures for criminal offences. It tries to rehabilitate people rather than make them stand trial and send them to prison. We try to help them reintegrate into society and become active contributors again, as most of them used to be. For whatever reason, these people had experiences that set them on a path they would not otherwise have chosen, any more than we would have. In Quebec, we believe that we can help them and rehabilitate them.

I applaud diversion efforts, and so does the Bloc. I think that it is the right solution, for the same reason that we previously voted in favour of the NDP's Bill C-216 along the same lines. We need to work with these people and help them. They do not need jail time, they need help. Drug addiction is a health issue, not a criminal justice issue. We therefore applaud this measure.

However, we are torn over the idea of abolishing minimum sentences. This would send a message that I dare not describe in the House. I will say just that it is completely out of touch with reality because, day after day, people are shooting up day cares and apartment buildings. Just this morning, I read in the news that a stray bullet found its way into a senior's apartment. Fortunately, she was not hit.

Members will recall that someone shot up a day care last week. That is not even organized crime. It is just delinquency. I am not a criminologist, and I cannot say any more on this subject, but we need to address this problem. Gun control falls under the federal Criminal Code, but the federal government is not doing anything. On top of that inaction, it wants to abolish the minimum sentences for these offences. I think that is just terrible.

We will see how we vote on the bill, but I will admit that we are torn. This is not a good day for democracy.

[Rob Moore, Conservative, Fundy Royal, NB]

Madam Speaker, I am shocked that the member opposite raised this issue because, for a number of the offences within Bill C-5, such as weapons trafficking, discharging a firearm with intent, and possession of a weapon obtained in the commission of an offence, the government said last week that people would not go to jail at all, and this week, in Bill C-21, for those very same offences, it has increased the maximum penalties. It cannot have it both ways.

Public Safety

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, the Prime Minister is trying to play both sides.

We are talking about Bill C-5 and he is talking about Bill C-21, but what is clear is that Quebecker Anie Samson told the committee that “a criminal who uses an illegal firearm, regardless of their [ethnic] origin, is still a criminal. It would be incomprehensible to let criminals use firearms to kill, rob or threaten people without worrying about having to face the same consequences as other criminals”.

The Prime Minister, with the complicity of the NDP and the Bloc Québécois, would rather play petty politics than keep Canadian communities safe.

Does the Prime Minister realize the negative impact that Bill C-5 will have?

[Marco Mendicino, Liberal, Minister of Public Safety]

Mr. Speaker, I totally agree with my colleague that shootings are unacceptable tragedies. That is exactly why we introduced Bill C‑21, to target the criminals who cause tragedy and create chaos in our communities.

This bill sets out tough new penalties for criminals and increases resources for police. We will work with the Bloc and all members of the House.

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

Mr. Speaker, yesterday, the Prime Minister said that it was the shots fired last week at a Montreal day care that convinced him to introduce Bill C‑21. However, would this bill have prevented that shooting? That is hard to believe.

Criminal gangs are simply not targeted in this bill, yet it is these gangs that are front and centre in the illegal gun trade that fuels the shootings. Will the minister finally agree to create an organized crime registry in order to help police catch known gang members?

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

Mr. Speaker, Bill C‑21 on gun control is a step forward, and the Bloc Québécois will work with the minister to improve it, but nothing has been resolved today. Assault weapons have not been banned.

To this day, the mandatory buyback program remains nothing but a promise. It is not in the bill. To this day, there is no clear definition of what an assault weapon is, so new models can circumvent the rules. If Bill C‑21 were passed today, assault weapons would remain in circulation.

Does the minister agree that these gaps absolutely must be addressed?

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

Mr. Speaker, the Prime Minister is misleading Canadians. Bill C-5 and the other measures by the Liberal government are failing to keep our communities safe. They are putting them at risk. If they wanted to stop gun violence, they would put more resources to border agents to stop gun smuggling. They would put more resources to police to stop violent criminals with guns. They would put more resources to anti-gang community groups to divert youth from a life of crime.

That is how we stop gun violence, not useless gun bans or bills like Bill C-21 that will do nothing to stop gun violence in this country. Is that not right?

Criminal Code

[Kamal Khera, Liberal, Brampton West, ON]

moved for leave to introduce Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms).

(Motions deemed adopted, bill read the first time and printed)

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

This is more or less reassuring, in that things are evolving extremely fast at the moment. The WK180‑C rifle model, which works almost exactly like the AR‑15, is on the market and is still classified as non-restricted. I understand that the regulations are updated often, but there are still guns that manage to sneak onto the market that people can go and get without any problems.

By making this amendment to the Criminal Code, I think the problem would be solved. In the last Parliament, your colleague introduced Bill C‑21 to regulate assault weapons. A buyback program was proposed, which you later made mandatory.

Can we expect this bill to be introduced before the end of the parliamentary session? Do you have a date to suggest to us?