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)

The House resumed from February 26 consideration of the motion 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.

Business of the HouseOral Questions

April 22nd, 2021 / 3:10 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon, we will continue the debate on the budget presented on Monday by the Deputy Prime Minister and Minister of Finance.

Tomorrow, we will debate Bill C-21, the firearms act, at second reading.

When we return on Monday, we will have the fourth and final day of debate on the budget.

On Tuesday, we will resume the second reading debate of Bill C-12, an act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050.

On Wednesday of next week, we will continue with the second reading debate of Bill C-19, an act to amend the Canada Elections Act (COVID-19 response).

On Thursday, we will have the first of eight opposition days in the current supply cycle.

Finally, on Friday morning, we will start with a debate on Bill C-22, an act to amend the Criminal Code and the Controlled Drugs and Substances Act, followed in the afternoon by a debate on Bill S-3, an act to amend the Offshore Health and Safety Act.

That is all.

Public SafetyOral Questions

April 20th, 2021 / 3:05 p.m.
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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalMinister of Public Safety and Emergency Preparedness

Mr. Speaker, we promised Canadians that we would strengthen gun control to keep Canadians safe, while the Conservatives obviously promised the gun lobby that they would weaken gun control. That is why we brought forward measures last May to prohibit weapons that had no place in society.

We are working now with legislation introduced through Bill C-21 to make sure that none of those weapons can ever be traded, sold or used in Canada again. Those measures are necessary and strongly supported right across the country. That is the right thing to do to keep Canadians safe.

April 15th, 2021 / 3:55 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Mr. Speaker, I appreciate the question from my good friend.

This afternoon, we will complete second reading debate of Bill C-15, an act respecting the United Nations Declaration on the Rights of Indigenous Peoples. Tomorrow morning we will start with the debate of Bill C-6, an act to amend the Criminal Code (conversion therapy), followed by the debate at second reading of Bill C-12, an act respecting transparency and accountability in Canada's efforts to achieve net-zero greenhouse gas emissions by the year 2050 in the afternoon.

On Monday of next week, we hope to complete second reading debate of Bill C-11, an act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts. As all members are aware, at 4:00 p.m. that day, the Deputy Prime Minister and Minister of Finance will present the budget. Tuesday, Wednesday and Thursday will all be days reserved for budget debate.

Finally, on Friday, we will continue with second reading debate of Bill C-21, an act to amend certain Acts and to make certain consequential amendments (firearms).

Public SafetyPetitionsRoutine Proceedings

April 15th, 2021 / 10:15 a.m.
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Conservative

Terry Dowdall Conservative Simcoe—Grey, ON

Mr. Speaker, I am honoured and privileged to rise in the House today to present this petition, which was initiated by Nicholas Martin. I am very proud of the fact that there are 36,600 signatures on this petition.

The petitioners are calling upon the government to reject Bill C-21 to save the jobs of thousands of Canadians; fully and unambiguously legalize airsoft and paintball so that citizens and residents can continue to purchase and use that sporting equipment; recognize that airsoft and paintball are safe activities that tens of thousands of Canadians participate in; recognize that airsoft and paintball do not represent any risk to public safety and banning them would not improve public safety; and not needlessly target law-abiding citizens who use airsoft and paintball for sporting purposes.

Public SafetyPetitionsRoutine Proceedings

April 14th, 2021 / 4:05 p.m.
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Conservative

Marc Dalton Conservative Pitt Meadows—Maple Ridge, BC

Mr. Speaker, today I am presenting a petition on behalf of the paintball and airsoft industries in Canada, in particular Panther Paintball and Airsoft Sports Park in Surrey, B.C. This is a locally owned business that for years has provided employment and a safe place for paintball and airsoft enthusiasts to come and enjoy their favourite games and sports. The employees and participants are very concerned that the measures in Bill C-21 will put an end to this business, this industry and the livelihoods of so many participants across the country.

Airsoft and paintball offer Canadians an opportunity to get fresh air and exercise responsibly and in compliance with all social distancing guidelines. To protect all these great things, the petitioners call for the rejection of Bill C-21.

Criminal CodeGovernment Orders

April 13th, 2021 / 1 p.m.
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Conservative

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

Mr. Speaker, before I begin, I should let you know that I will be sharing my time with the member for Stormont—Dundas—South Glengarry.

I am pleased to rise virtually in the House to talk about Bill C-22, an act to amend the Criminal Code and the Controlled Drugs and Substances Act.

The Liberals want to amend the Criminal Code to repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish other measures for simple drug possession offences.

Bill C-22 is the Prime Minister's attempt to honour his 2015 campaign promise. Unfortunately, every time we examine Liberal bills in committee or in the House, we find major flaws that suggest they never bother to consult people on the ground. That is the case with this bill too.

It is important to thoroughly analyze what the Liberals are trying to do with this bill, in which the Minister of Justice is proposing amendments that will have major consequences for Canadians' safety and well-being. I will point out various elements of the bill that I think are worth a closer look.

Bill C-22 eliminates some of the mandatory minimum sentences set out in the Criminal Code for offences involving weapons, including firearms. For example, the mandatory minimum sentence set out in subsection 85(3) for use of a firearm in the commission of an offence would be eliminated. The mandatory minimum sentence set out in subsection 92(3) for possession of an unauthorized weapon, whether it be a firearm or other weapon, would also be eliminated.

The bill eliminates all the mandatory minimum sentences set out in the Controlled Drugs and Substances Act. The bill creates new provisions that advise the police or prosecutor to consider an individual's drug use and to refer the person to a treatment program. However, it is important to understand that some provinces do not even have drug treatment courts.

Bill C-22 also proposes to eliminate certain provisions of the Criminal Code related to tobacco, particularly the sale and transfer of tobacco products without an official licence. That is another thing that we are trying to understand. Finally, the bill proposes to eliminate some of the restrictions set out in section 742.1 of the Criminal Code so that more offences are eligible for community-based sentences.

Everything I just said contradicts the Liberals' official position on public safety as it relates to firearms. The message of Polytechnique was well understood, with the Liberals always claiming to be doing a lot and much more. However, the reality is that bills such as this hamper the courts and law enforcement and greatly diminish the significance of crime when the opposite should be happening.

We always have difficulty understanding how, on the one hand, the Liberal discourse is about tougher measures when, on the other hand, their actions have the opposite effect. This is totally inconsistent in terms of public safety and the protection of Canadians.

Today we are debating Bill C-22, but we cannot forget Bill C-21, an act to amend certain acts and to make certain consequential amendments with respect to firearms. There is no consensus on this other bill among gun supporters, such as owners of guns for sport shooting or hunting, or among those who oppose guns and want them to be banned, such as the Polytechnique advocates. Bill C-21 does not do nearly enough, and the Prime Minister is not addressing the real issues.

Bill C-22 would reduce the sentences for violent gun crimes. We are trying to understand why the government wants to reduce sentences for people who commit gun crimes, when we should be doing the opposite.

I remind members that the Conservatives and my colleague introduced Bill C-238, an act to amend the Criminal Code with respect to possession of unlawfully imported firearms, which would have strengthened the Criminal Code by addressing smuggled guns and gun crimes. However, the Liberals showed their true colours and chose to vote against this bill. They would rather protect criminals than protect law-abiding citizens.

We cannot understand it. We do not understand how the Liberals can be so dishonest with Canadians when it comes to protection, public safety and firearms. The introduction of Bills C-21 and C-22 is not going to do anything to reduce gun crime. It will also not do anything to reduce the number of guns circulating in Canada, and it will simply not prevent criminals from getting their hands on illegal firearms.

That was made very clear two weeks ago on J.E., a 30-minute investigative reporting program on TVA. I encourage everyone to watch it. Those who do not speak French should find a way to get it translated, because it is really good.

The report clearly showed what is happening with firearms in Canada, how illegal firearms from the United States are streaming right across the border. We have land management problems, our customs officers do not have sufficient resources, and the law does not allow action to be taken in certain areas. Aerial images taken by drones showed traffickers bringing in weapons by snowmobile in the winter and by boat in the summer. If members want evidence, here it is.

Montreal is starting to have the same problem as Toronto. It is easy for street gang members to get their hands on illegal firearms with the serial numbers scratched off, and young gang members are taking pride in committing crimes with the guns that are coming across the border.

Not one of the measures proposed in Bill C-21 and Bill C-22 will solve that problem even though that is what we need to focus on. Instead of helping people with drug addiction, the Liberals are reducing mandatory prison time for those producing and trafficking harmful drugs. Instead of tackling criminal gangs, they are reducing mandatory prison time for those in possession of illegal firearms.

No family should ever feel unsafe in their community, in their neighbourhood or walking down their street. The previous Conservative government pledged to change those laws and keep our streets and communities safe. Before the 2019 election, we released our platform entitled “A Safer Canada”, a three-pronged action plan targeting street gangs and arms trafficking, among other things. We covered it all in our platform.

Then the Liberals regained power. It was fortunate for them that they won the election, but it was unfortunate for Canadians because the Liberals are not doing what needs to be done to protect people and fix the firearms problem once and for all.

To read Bill C-22 we can only assume that the Liberals are incapable of discharging their governmental responsibility to ensure our safety. In contrast, the Conservative government always brought in measures to ensure the safety of all Canadians. The Prime Minister claims he wants to help Canadians, but he is doing nothing to ensure that criminals are brought to justice and answer for their actions.

We as Conservatives support our Canadian justice system as defined by our charter and our Constitution, and we do not support a justice system that would favour criminals to the detriment of Canadians's safety and security.

During this difficult time, Canadians need to know that the government is ensuring their safety and security. The Liberal government needs to show leadership and stand up to criminals. Canadians cannot afford for Parliament to get this wrong. This bill is extremely worrying for our children and for the future of our justice system.

We will do the job that Canadians have entrusted us to do: asking the government questions to ensure that the safety of Canadians remains the top priority.

Criminal CodeGovernment Orders

April 13th, 2021 / 12:20 p.m.
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Conservative

Gary Vidal Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, it is indeed an honour to speak in the House today regarding Bill C-22.

This last weekend the Prime Minister, while speaking to the Liberal Party policy convention, said that the Conservative Party of Canada was disconnected with Canadians. If the Prime Minister was looking for an example of a party disconnected from Canadians, he need look no further than his own party with the introduction of this bill, Bill C-22, and how it would affect those in rural Canada.

As someone who has lived my whole life in northern Saskatchewan, I not only find this bill dangerously naive, but the government's communications around it are actually offensive to me. Of course, far be it for me to suggest anyone might deliberately mislead Canadians. Perhaps it is simply a poor understanding of the Criminal Code or the tendency to rely on divisive political ideology that led to the inaccuracies in communicating what is actually in this bill.

Contrary to what members of the Liberal Party may have been given as talking points by the PMO to use in the debate, those of us who actually read the legislation understand this is not about reducing mandatory minimum penalties for simple possession of drugs. Mandatory minimums for simple possession do not exist today. This is not about minor crimes, and it is not about minor offences.

Here are just a few examples of what Liberals consider minor offences for which Bill C-22 would eliminate mandatory minimums as they relate to gun crimes: robbery with a firearm, extortion with a firearm, weapons trafficking, importing or exporting knowing a firearm is unauthorized, discharging a firearm with intent, using a firearm in the commission of an offence, possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by the commission of an offence, possession for the purposes of weapons trafficking and discharging a firearm with recklessness.

Additionally, Bill C-22 would eliminate mandatory minimums under the Controlled Drugs and Substances Act that actually target drug dealers. Examples of these are trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and the production of substances included in schedule I or II. Examples of these are heroin, cocaine, fentanyl and crystal meth. This is not, as suggested, help for those who struggle with addictions. It is actually help for those criminals who prey on those people who suffer from addictions.

Finally, this bill would allow for greater use of conditional sentence orders for a number of offences. The list is long, so I will include only a few examples such as sexual assault, kidnapping and assault causing bodily harm or with a weapon, which includes the assaulting of a peace officer causing bodily harm or with a weapon. This clearly puts communities in my riding at risk.

As a lifelong resident of northern Saskatchewan, a hockey coach, a former mayor and now member of Parliament, I have seen first-hand how gun and gang violence, and drugs, ruin people's lives and devastate families and communities. I find myself wondering if members of the Liberal government have been contacted, like I have been, by mayors, chiefs, police officers and community members pleading for something to be done and if that would make them realize Bill C-22 is not a solution. Neither is Bill C-21.

One month ago, there was a story reported in the Battlefords News-Optimist that literally brought me to tears when I read it. I would encourage all members of this House to read the story, as it provides an incredible insight into what life can be like in the northern and often remote communities in my riding.

The story reviews a judge's decision, arguments by the Crown prosecutor and the victim impact statements of RCMP officer Robert McCready and of my good friend Staff Sergeant Ryan How. The incident, as reported, happened in my riding and shows an almost unbelievably violent disregard for human life. It includes multiple guns, pursuits, many other things, and finally, police ramming a vehicle.

In his victim impact statement, my friend Staff Sergeant Ryan How said the following:

When I encountered the gold truck you were in north of Loon Lake the only emotion I felt was sadness.

I knew right away how this was going to end. It’s always the same, just a varying degree of tragedy. When I saw your co-accused run from the Equinox and point what may have been a gun at me, I just felt tired and defeated....

I knew what you would do when you came up to the road block. And you did the same thing every other desperate criminal does - you accelerated and swerved towards the police.

As you did that, I took off my seatbelt and accelerated my truck directly at you. I wanted to be able to at least have the chance to manoeuver in the cab if you and your fellow gang members started shooting at me. As I lined up my truck to yours head-on I fully expected to be shot but I tried to make sure my truck would stay on a straight path and hit you even if I couldn’t steer because you needed to be stopped.... Even after all of this, after hours of chasing after you, hours of being frustrated, angry, and tired, [I] was required to be of calm mind and use sound tactics as I drew my gun on you and the people with you.... At that moment I was furious that it had come to this. I was furious that your stupidity was causing me to miss an important family event going on right at that moment I had you in my gun sights. I was furious that I might have to shoot and kill you.... I didn’t shoot you...My coworkers didn’t shoot you, even though we were taunted and dared to do it by the people in the truck with you. Even though your actions caused one of my coworkers to almost be run over and killed. We made sure you were safe. It was a joke and a game to you. It was life and death for me, for my partners, and the public. I’m telling you that on January 17, 2019, you were lucky to be arrested by some of the most capable and experienced police officers in the country. They showed incredible restraint and professionalism to make sure you lived to be here today.

Another one of those capable and experienced police officers was Officer Robert McCready, who was called in six hours before his shift was scheduled to begin. A short part of his victim impact statement includes the following. He said:

I had been in Loon Lake for a while at that time, and had a feeling that it was probably related to gang activity, firearms or both. I got geared up and found that gang members/affiliates have possible firearms and are driving in two vehicles and are evading police. My thoughts are “great, here we go again.” This was a constant way of life around that area, something would pop off, at least once to twice a week or more.... This went on all afternoon, which took a bad turn when the vehicle started going through a populated area, just as school was letting off, and for fear of worsening conditions, police had to back off again.

In speaking with Staff Sergeant How later, he shared with me how these events had become almost routine. Can members imagine this being a routine part of their day? This is the part that brought tears to my eyes as I fought back the emotion.

Let me be clear, this day was the culmination of a long history, but it had to start somewhere. The idea that government is seeking to eliminate mandatory prison time for drug traffickers and for those who commit violent crimes is really hard to fathom for me. Allowing criminals who commit violent acts to serve their sentences on house arrest puts communities at risk.

For the last couple of minutes, I would like to talk about the issues many community leaders talked to me about. In addition to doing everything they can to combat gun and gang crime, they spend many hours fighting those who traffic drugs in their communities and who prey on the vulnerable who are struggling with mental health issues and addictions. Bill C-22 would make life far more difficult for local law enforcement and prosecutors by reducing and, in some cases, removing penalties for trafficking, importing or producing schedule I or II substances.

Conservatives believe that those struggling with addiction or mental health issues should get the help they need. They need treatment rather than prison time if their crime is not violent. Conservatives support restorative justice policies to lower incarceration rates for overrepresented groups in our criminal justice system, provided that public safety considerations are paramount.

What is clear in Bill C-22 is that the government, driven by ideology and having no basis in the reality on the ground in rural Canada, is making our communities less safe by removing many important tools. I encourage all members to take a long, hard look at the proposed legislation before they vote.

Criminal CodeGovernment Orders

April 13th, 2021 / noon
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, I will be splitting my time with the member for Desnethé—Missinippi—Churchill River.

It is a privilege to rise and represent the constituents of Red Deer—Lacombe in this debate, who would be mortified, I believe, to know what the legislation is actually proposing to do to our criminal justice system, notwithstanding the words coming from government MPs.

Let me start with a little bit of context. I am the chair of the Conservative rural crime caucus and had the pleasure of helping to create a document in 2018 that we published as MPs from rural Alberta. Virtually every one of my colleagues from rural Alberta participated in this. We consulted and talked to a wide variety of people in our province. We talked to victims. We talked to rural crime watch people. We talked to anti-crime organizations. We talked to victims-of-crime services and to law enforcement experts, and we produced a comprehensive, thorough and multifaceted report, which we then tabled at the public safety committee in the last Parliament. My colleague from Lakeland had a motion in that Parliament talking about rural crime.

I want to remind all colleagues in the House that crime in rural areas, and specifically here in western Canada, is significantly on the rise. It has been shown statistically. One does not have to go very far to look. A document from the Angus Reid Institute published January 10, 2020, shows that crime rates in Canada dropped precipitously from 1991 to 2014, falling more than 50% during that period. However, crime rates have ticked upward over each of the past four years for which data is available, and that trend is continuing. It shows that confidence is waning significantly in our law enforcement agencies, courts and provincial jurisdictions. It notes that it is more significantly happening in western Canada, and in the Prairie provinces in particular.

Colleagues can imagine that the proposed changes to this legislation would be somewhat horrific to my constituents who ask me about it. If anybody wants to read the report, “Towards a Safer Alberta: Addressing Rural Crime”, it addresses a lot of crime in general by addressing rural crime. I would encourage them to do so. It can be found on my website, www.blainecalkinsmp.ca. I would encourage people to have a look at it and see what good work MPs in western Canada have done to bring forward the concerns of our constituents.

I want to talk a little bit about the overall Government of Canada's approach since it became the government in the fall of 2015. I am not going to get into too much discussion about specific firearms legislation in Bill C-71 or Bill C-21, but I will talk about Bill C-75 and now Bill C-22, and the soft-on-crime approach that the government seems to have. The rationale that it is presenting seems to basically undermine the needs of victims in this country, especially when some of these crimes are certainly crimes against people. They are not just property crimes.

What are some of the things that the government has done? In Bill C-75, which could be called the prequel to Bill C-22, the government basically hybridized well over 100 offences in the Criminal Code. To those who wonder what that means, there are basically two ways in which a Crown prosecutor can proceed with charges before a justice. One of them is through an indictable offence. Until this bill came along, it usually carried with it a set of penalties for which there was a requirement to spend some time in jail or in custody. Then there is something called a summary conviction offence, which is the equivalent, I guess, of a U.S. misdemeanour. It usually carries with it a very small sentence or time served in jail, in lieu of being unable to pay a fine of some kind.

Here are some of the things for which the current government, in the previous Parliament, changed the sentences from mandatory indictable offences to hybrids. This allows the Crown to plea bargain away serious offences such as impaired driving, punishment for theft, both under $5,000 and over $5,000, possession of instruments for breaking and entering, selling automobile master keys and other items, enabling theft, possession of property, stolen property obtained by crime and, of course, importing or exporting property.

That just names a few offences. As I said, there were over 110 offences that the government essentially reduced the penalties for. In fact, it would now be possible for someone to get a summary conviction offence for abduction of a person under the age of 16 or abduction of a person under the age of 14. Those were also included in Bill C-75. It would now be possible to pay a fine less than someone would pay for failing to stop at a stop sign. That is the legacy of Bill C-75 in the first Parliament.

Now let us fast forward to Bill C-22 and take a look at what Liberals are removing mandatory minimum penalties or just basic minimum penalties for in the Criminal Code. First, there is using a firearm or an imitation firearm in the commission of an offence. Interestingly the government is removing Airsoft and paintball guns from possession completely for law-abiding citizens, but if a criminal is using a firearm or an imitation firearm in the commission of an offence, they will now get the pleasure of going home and sitting there, thinking about what they have done. Possession of a firearm, knowing that its possession is unauthorized, is the whole point. Rather than reducing penalties for people who knowingly use or are in possession of unauthorized firearms, the government is instead taking firearms away from law-abiding citizens who are co-operating with the government. It does not make any sense.

More items include possession of a weapon obtained by the commission of an offence. One of the biggest problems we have with rural crime is people going onto properties to steal vehicles, tools and other items that are easily saleable and marketable on the black market. People also, from time to time, go to these properties purposely looking for firearms to steal. Why on earth would the government want to make it less punishable for these types of thieves who are purposefully targeting establishments, casing rural farms and casing our communities?

Why would we reduce the penalties for individuals who are purposefully trying to steal firearms? These firearms end up on the streets of our cities and our communities and end up being used in the commission of offences. This makes no sense, but the government seems to think that this is a good idea.

Here is something we can categorize in the realm of the bizarre. Why on earth would the government remove any semblance of a minimum penalty for someone who was trafficking weapons and firearms? If we listen to police chiefs or victims' services people anywhere in major urban centres, crime is proliferating especially with the use of handguns and firearms in those communities. We know that most of those firearms are obtained illegally through theft or are smuggled across our border. I would think that the government would say it was going to crack down on smugglers, but it would seem that the government is encouraging smuggling while discouraging lawful ownership. Importing or exporting a weapon knowing it is unauthorized is called smuggling. The bill would reduce minimum penalties for that.

The next item is discharging a firearm with intent. Why would we reduce a penalty for somebody purposely discharging a firearm with intent? This makes absolutely no sense. The Liberal MPs are simply misleading the House and Canadians with what their true intent is with Bill C-22, and it is incumbent upon all of us with a conscience in the House of Commons, and with an eye to doing what is right for the law-abiding citizens that we represent, to defeat this irremediable piece of legislation.

Criminal CodeGovernment Orders

April 13th, 2021 / noon
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Independent

Derek Sloan Independent Hastings—Lennox and Addington, ON

Madam Speaker, there has been some concern about the use of mandatory minimum penalties.

There are still, and will remain, if this bill passes, mandatory minimums for various crimes. My concern is, why would some of these serious crimes, these types of offences, like the use of a firearm in commission of an offence, possession of a firearm or prohibited weapon, robbery committed with a firearm, and I could go on, have mandatory minimums removed when some mandatory minimums still remain? This is an issue, particularly in relation to the other laws, such as Bill C-21, which is being implemented to put more restrictions on legal firearms owners.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:50 a.m.
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Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, as a government, we are taking steps to try to address systemic racism that is pervasive in our institutions and Bill C-22 is a step forward in the right direction, especially for my riding of Humber River—Black Creek. With this legislation, we are advancing a policy that is truly about keeping communities safe.

We have seen throughout history how certain criminal justice policies have unfairly targeted indigenous peoples, people of colour and marginalized Canadians. Too often these policies were poorly handled and only reinforced the systemic racism, which our government has committed to eliminating in Canada. Let me clear: A justice system that jails too many indigenous peoples, Black people and marginalized Canadians is not effective, does not keep us safe and therefore must be changed.

In my riding of Humber River—Black Creek, I have seen far too many lives derailed by policies that target racialized communities. Too many careers have been destroyed because of a singular bad decision. We are a country that believes in rehabilitation and second chances, but our criminal justice policies have not followed this lofty ideal. That is why I am very proud to speak in the House today in support of Bill C-22 and the fact that the government has brought it forward.

With Bill C-22, we are turning the page on the failed policies of the Harper Conservatives, policies that did not protect Canadians, but, rather, targeted them. The measures in the bill, in conjunction with our numerous other reforms across government, are a critical step forward as we work to eliminate the plague of systemic racism and ensure that our justice system is as effective as it can be, one that is equal and fair to all Canadians. This means removing mandatory minimum penalties that unfairly target low-risk and first-time offenders, which evidence shows us only leads to the over-incarceration of racialized and marginalized groups and does nothing to decrease recidivism.

We want to expand the availability of conditional sentencing orders for those who do not pose a risk to public safety. The availability of conditional sentences means that judges will have the flexibility to determine whether offenders pose a risk to the public and, if so, will allow the offenders to serve their sentences in their communities under strict conditions. Rather than punishing these people for a bad decision, we would instead give them access to treatment programs and other supportive services. The evidence has shown us that our current system only serves to derail the lives of low-risk offenders and the dissolution of the family unit, which is so important, and negatively impacts the families they leave behind.

If we want to promote the rehabilitative nature of our justice system, we must practice what we preach. Giving low-risk offenders access to treatment and support, keeping their families together and keeping them integrated in their communities are proven methods of reducing recidivism. To answer the concerns of the opposition, these opportunities will not be available to everyone.

Serious and dangerous criminals must be punished severely as appropriate to their crimes. For serious and dangerous criminals, Bill C-21 would raise maximum penalties so judges would have the ability to punish the worst offenders. Those who commit serious offences would continue to receive sentences that would match the seriousness of their offences. However, this bill is about getting rid of the failed policies that saw our prisons filled with people who needed help, not incarceration.

Bill C-22 is specifically for low-risk and first-time offenders whose incarceration has proven to do little to protect communities in the long run, but has had a negative impact on the lives of these first-time and low-risk offenders. The evidence is clear that the policies of the past are not working. It is because of the harmful policies of the past that we see indigenous and racialized Canadians overrepresented in our prison populations by orders of magnitude. The policies of the past did not prevent nor deter crime and they did not keep us any safer. What they did was target the vulnerable, racialized and indigenous Canadians. Bill C-22 seeks to address some of these systemic issues, and I am proud to support the legislation.

We also want to provide police and prosecutors with the tools and guidance they need to treat addiction and simple drug possession, not as a criminal justice issue but as a health issue. With this in mind, Bill C-22 takes measures to divert away from the criminal justice system default for police and prosecutors when dealing with drug possession.

In my riding of Humber River—Black Creek, I wonder how many lives could have been altered in a positive way had these already been in place. How many individuals were required to reoffend because they could not secure employment after going through the justice system? How many families were destroyed as a result of the systemic racism pervasive within our justice system?

Bill C-22 would allow us to step away from these questions, because we know that those who are low-risk or first-time offenders will not be put through the gauntlet of the justice system. Instead, young people who have made mistakes or perhaps have turned to drugs as a result of a prior trauma will be able to get the help and support they need rather than just becoming another statistic.

Bill C-22 represents a vital step forward for our country. The changes that would come from this legislation would ensure that our criminal justice system would be fair, effective and would keep all Canadians from all communities safe.

I encourage all my colleagues in the House to support the legislation. Let us demonstrate to all Canadians that we will never stop working to create a justice system that embodies our values. Let us step forward together to end the scourge of systemic racism in our justice system and in all areas of Canadian society.

Criminal CodeGovernment Orders

April 13th, 2021 / 11:20 a.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, it is an honour to stand once again in this House and participate in an important debate. I plan to address two major themes in my speech. The first has to do with the fact that it seems the members opposite are simply not aware of what is contained in this bill. This bill actually reduces some of the penalties for serious firearms offences. I will get into the specifics of that here in a moment. The second is the larger topic of conversation surrounding being soft on crime and the very troubling trends that we see, not only with this bill, but with some of the larger context of how the government is failing victims.

First, on firearms, I find it absolutely tragic that we are debating firearms in this place in a way that completely ignores the facts. The members opposite will talk about how it is important to ban assault rifles and these military-style weapons, when very few members opposite understand the reality of what they are talking about. The reality is truly a trifecta of misinformation and political rhetoric torqued to the highest extent possible to appeal to a narrow band of political interests that is simply not based on reality.

I have a few examples. The Conservative member for Markham—Unionville brought forward Bill C-238, a bill that was meant to bring many people together to combat a real issue, and that is violent gun crime. However, the Liberals voted against it. How tragic is it that the Liberals, who claim to be targeting law-abiding firearms owners, would absolutely dismiss an attempt by parliamentarians to address some of those issues? It is absolutely shameful.

Second, we see the context of aspects of this debate with last year's order in council banning 1,500 firearms. It was absurd logic. In fact, when I participated in the member of Parliament's briefing for that OIC, the officials who were brought in did not even understand the very basis of the firearms they said they were banning. How absurd is it that we have such a disconnect between the consequences of what I would suggest is a massive overreach of the executive branch, targeting something, and then they torque it up with their rhetoric about how they are somehow taking action on crime? It is shameful, the record of the government.

The members opposite suggest that this somehow does not have relevance to the debate today, which is absurd and again more of their torqued political rhetoric, at a time when they seem to be bent on calling an election in the midst of a pandemic. I would note, as a bit of an aside, that there is a Supreme Court challenge in Newfoundland that has been launched today by an opposition party because of an election there that many would suggest, and certainly this lawsuit suggests, does not have the confidence of the people. It was a Liberal majority, yet the Prime Minister and the government seem bent on stealing power at any cost.

The third aspect of this bill is that it takes the serious criminal offences. Specifically, as I mentioned in the first part of my speech, I want to talk about the firearms side of things. The fact is that they are lessening penalties on serious firearms offences.

The Liberals introduced Bill C-21, literally banning toy guns. They said that was fake news, yet the reality, as we have learned, is that bad legislation creates bad outcomes and does not do what they say they are trying to accomplish. In the same week, they introduced Bill C-22, only a few days later. On Tuesday, they introduced a bill to punish law-abiding Canadians for simply living their lives, in many cases using something that is a tool in many parts of our country.

I come from a rural constituency, where a firearm is a tool like many others. It can be used as a weapon, but so can a baseball bat, a kitchen knife or a van, yet that torqued-up rhetoric based on a blind ideology has labelled so many thousands or millions of Canadians to be somehow criminals.

The same week, only a couple of days later, on a Thursday, the Liberals introduced Bill C-22, eliminating penalties for serious firearms offences. It is absurd that this is what they think they can get away with. Certainly, my constituents see through that absurdity. I hear from Canadians across the country, including the constituents of quite a few members opposite, who are saying they are starting to see through the facade, the political spin that the government is trying to bring on this and how absolutely shameful it is in that regard.

That brings me to the second part of my speech, which addresses some of the other aspects of this bill and the very troubling trend that I would suggest it is setting.

Bill C-22 eliminates a number of those firearms offences and the mandatory prison times, such as robbery with a firearm, discharging a firearm with intent to harm, and weapons trafficking. Those are the problems, not the law-abiding firearms owners.

The Liberals are also proposing in this bill that criminals could serve house arrest rather than jail time for a number of offences, including sexual assault, in the midst of the conversation around sexual assault in the military. I listened to the testimony on the Bastarache report regarding sexual assault in the RCMP and the revelation of how terribly pervasive that is within our society, yet the Liberals, who talk tough, with their woke feminist Prime Minister, are truly being soft and punishing victims at a time when victims deserve an advocate.

There is also trafficking in persons for material benefit and kidnapping. At a time when we are trying to bring awareness to human trafficking, the fact that the Liberals are punishing victims is absolutely absurd and shameful.

There is a series of other offences where the sentences are being reduced. The trends that are being set are very troubling, such as the soft-on-crime approach and ignoring victims. Meanwhile, we have seen, especially in my large constituency in rural east-central Alberta, a massive growth in rural crime and serious offences that have really affected the way of life of my constituents, the ability of Canadians to feel safe in their homes, and so many aspects of the way in which we live.

The Liberals are going to suggest that somehow we, the evil Conservatives, want to punish people for not breaking the law, which is just Liberal spin. It is unfortunate that it has devolved to the point it has, because it is taking away from the seriousness of this debate. It is quite simple. Conservatives are focused on ensuring that Canada's drug laws target individuals who prey on Canadians struggling with addictions through the trafficking and sale of drugs to the victims of what is an opioid pandemic, which is what those drug dealers and gangs deserve. The member for Lakeland, who spoke prior to me, articulated very well the challenges we face regarding drug use in this country. This is not about punishing a victim; it is about ensuring that those who are responsible for those abuses, the gangs, the drug dealers and whatnot, are punished.

The Conservatives have talked about mental health. We believe there needs to be a clear plan on ensuring there is restorative justice and a plan that addresses and helps victims. That is the clear difference here. We have the hug-a-thug mentality from the Liberals on the other side, and we have the Conservatives, who want to stand up for victims. Bill C-22 is incredibly troubling in the context of the bigger picture and the blatant hypocrisy that exists on the firearms debate.

I would conclude by saying that I cannot in good conscience support this. My constituents have overwhelmingly told me that this is a bad bill. I certainly will not be supporting it going forward.

Criminal CodeGovernment Orders

April 13th, 2021 / 11 a.m.
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Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I will split my time with the member for Battle River—Crowfoot.

Conservatives are the party of law and order that ardently stands with victims of crime and their loved ones, and that applies common sense and outcomes-based principles to protect innocent Canadians from violent criminals who would harm others. Conservatives also take a practical approach and acknowledge that, of course, many offenders will be released back into society. There is a real need to prepare those offenders for release so they do not fall back into a life of crime, as seen in the good work of the member for Tobique—Mactaquac in his Bill C-228, which aims to set a federal framework to reduce recidivism.

However, Canadians also do not want the justice system to be a constantly revolving door. Common sense must prevail for the common good. Canadians, victims of crime and their families deserve to live freely without fear in Canadian society. When violent criminals seek to take that away or revictimize them, the government has a role in ensuring the laws and systems in place are designed to prevent it. The only thing worse than a government that fails in this duty is a government that actually promotes conditions that will ultimately lead to, or frankly guarantee, that violent criminals will strike again.

Bill C-22 gives great consideration to the relief of criminals and offenders, but it is missing any substantive policy or action to care for, protect, or prevent victims of violent crime in Canada. In fact, Bill C-22 would reduce the penalties for many violent crimes, some of which disproportionately affect the most vulnerable in Canada.

The first thing Bill C-22 does is build on the Liberals' “guns for gangs only” bill, Bill C-21, which targets law-abiding licensed firearms owners, retailers and even hobbyists who play airsoft and paintball. What is missing from Bill C-21 is a strategy to deal with the root cause of shooting deaths in Canada cities, criminal gangs with illegally smuggled guns.

In fact, Bill C-21 does nothing to protect public safety or victims from violent gun crime and criminal gangs. It lays a heavy hand on law-abiding Canadians who already follow the rules, but takes a hands-off approach to the very criminals and gangs who should obviously be the targets of public safety policy.

Bill C-22 takes the hands-off approach even further. It reduces jail time for violent firearms offences and will not stop the flow of illegal firearms into criminal gangs in Canada. In Bill C-22, the Liberals are telling Canadians these offences are no big deal by reducing penalties for: weapons trafficking, possession for the purpose of weapons trafficking, importing or exporting a firearm knowing it is unauthorized, possession of a firearm knowing its possession is unauthorized, possession of a prohibited or restricted firearm with ammunition, possession of a weapon obtained by commission of an offence using firearms in the commission of offences, robbery with a firearm and extortion with a firearm. We should all think about how each of these offences ties into actual violent crime and deaths in Canada.

That is not all. Bill C-22 would also reduce penalties for discharging firearms where it is unsafe to do so, say, for example, in the streets of Toronto, and for discharging firearms with intent, such as in a drive-by shooting, like the one in Montreal two months ago that tragically and horribly killed 15-year-old Meriem Boundaoui.

In fact, Montreal police inspector David Bertrand says his city had a 10% rise in gun crimes between 2019 and 2020, despite the Liberal firearm ban at the time. He says that this is due to the “trivialization” of gun use by criminals and that criminals are “using more guns when committing infractions”.

Bill C-22 plays right into the wrong hands. If the Liberals listened to experts, they would know not to trivialize crimes for which consequences need to be strengthened in order to keep Canadians safe from criminals with guns.

It seems Conservatives are the only ones listening to experts on gun crimes, but we cannot take all the credit for tough sentences for these crimes. Most of the above examples are long-standing and were introduced under previous Liberal governments, so sentences for using firearms in the commission—

Criminal CodeGovernment Orders

March 24th, 2021 / 6:30 p.m.
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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, I thank my hon. colleague for his question.

We have already been asked why we would support Bill C-21, which would take certain firearms off the market.

I can understand why he would say that Bill C-21, at face value, appears to restrict or prohibit weapons that are harmless, or, at least, not harmful or the same type we want to restrict or prohibit.

We took the same approach with Bill C-21. We said that it needed to be studied in committee and amended. If my colleagues want perfect bills that can be passed as soon as they are introduced, I encourage them to immigrate to Quebec. Once we become a sovereign nation, we will have excellent pieces of legislation. The only thing we can do now is study the federal government's bills, and there is no question that they need amendments.

We have to study them in committee so that we can hear from experts and get people to reconsider poorly worded bills. My colleague is right; Bill C-21 must be improved.

I do not believe that people playing with toy guns need to be sent to prison. When I was a kid I played with guns and I did some things that my children and grandchildren may not be able to do today. I do not see how I, or anyone else, could have been sent to prison for such activities.

My colleague is right: Bill C-21 needs to be improved, and so does Bill C-22.

Criminal CodeGovernment Orders

March 24th, 2021 / 6:30 p.m.
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Conservative

Chris Lewis Conservative Essex, ON

Madam Speaker, I find this kind of interesting. Bill C-21 potentially throws airsoft firearms owners and paintball gun owners in jail, while Bill C-22 literally allows criminals and gangs to run free, those same gangs that do drive-by shootings.

Bill C-22 eliminates mandatory prison time for those who commit armed robbery. Can the member confirm that he supports the elimination of mandatory prison time for someone found guilty of an armed robbery?