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

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, Conservatives are trying to paint this bill as something else, but in their defence, they have spent so much time doing that, that it would be literally impossible for them to try to backtrack on it. The member for Battle River—Crowfoot has shared so much misinformation about this bill, as have so many other Conservatives, that to try to reverse that position now would be blatant hypocrisy. They have no choice but to continue to push the same agenda. I feel for the situation they are in.

This bill would primarily do three things: put a freeze on handguns; introduce the red and yellow flags, which I will speak about in a couple of minutes; and combat smuggling. In particular, for crimes related to smuggling, there would be an increase in the penalty from 10 years' imprisonment to 14 years' imprisonment.

Let us start with some of the statistics from Statistics Canada, which are quite contradictory to what the member for Battle River—Crowfoot said a few moments ago. According to Statistics Canada, gun crime in Canada is down 5% between 2020 and 2021. In 2022, as the other parliamentary secretary said before me, 1,200 guns and 73,000 weapons were seized at the border. Those are 100% and 50% respective increases from 2021. In Toronto, one of the major cities in Canada, gun violence dropped by 22% between 2020 and 2021.

Eighty-four per cent of Canadians believe that the government is on the right track in its reforms to gun control. The 16% of Canadians that remains, whom the Conservatives are apparently working hard to make so much money off of through fundraising, must be incredibly important to them for them to be laser-focused on this particular issue and that 16% of Canadians.

The red flag provisions, as I alluded to in my opening, would allow for the petition of an individual to the court for emergency prohibition purposes. That is extremely important because another statistic is that a woman who lives in a household that has a gun in that household is statistically five times more likely to become a victim of violence that involves that weapon. That is a statistical fact. What we are trying to do with this red flag provision is give potential victims the opportunity to flag to the court that perhaps this gun should not be in the household. How do Conservatives respond to that? The member for Medicine Hat—Cardston—Warner, in committee, said that this would increase “malicious false claims”.

The default reaction of the Conservatives is not how do we help protect women who we know are the victims more often than not? How we protect them is not the member's concern. His default concern is about the malicious people who are out to get their former spouse or farmer partner and that people are going to make a fake report so they can get that weapon taken away. That is the Conservatives' concern. Their concern is not the potential victims of the violence, and I find that extremely troubling. The 16% of the population in Canada who do not agree with the gun control reform we are bringing in must have a lot of money because that is whom the Conservatives are laser-focused on.

I am reminded of the 2021 election. I really wish I could use a prop in the House because, if I could, I would hold it up and show it to everybody, but I will not. I will describe it to members. It came into my riding.

By the way, I am in a semi-rural riding. I hope it is rural enough for the Conservative members who were making fun of the member for Milton during his last question for claiming that he has a semi-rural riding. The islands in my riding, in addition to pretty much all of the areas north of the 401 and east of the Cataraqui River in Kingston and the Islands, are rural areas.

I come from a strong family of hunters. All three of my mother's brothers hunt and own hunting properties in Ontario. My late father-in-law grew up in a hunting lodge where visitors from Canada and the United States would come to be taught how to hunt, fish and explore the outdoors responsibly, so I take great offence to the members who come into the House to try to lecture other members because they believe their ridings are not rural enough.

Nonetheless, the National Firearms Association showed up in my riding, as it did in many other ridings in the 2021 election, dropping off pamphlets at doors that looked an awful lot like the pamphlets we were already delivering. It had literally copied the Prime Minister's stock photo, put the Liberal red on it, and had “Meet Your Liberal Team” written on it, with a QR code to get to the website. By the way, that website is still up right now, as I just went to it.

I heard the back-and-forth earlier with the member for Battle River—Crowfoot, who challenged the assertion made by the parliamentary secretary and member for Milton that the gun lobby in Canada and the Conservative Party are one in the same. If we go to that website, we can literally see every single question from Conservatives in period question on it. That website does not only talk about gun laws. Literally every Conservative grievance is there, so, yes, there is a lot of money to be made in this, as the parliamentary secretary to the government House leader said earlier.

Conservatives are laser-focused on that. They had no problem encouraging their partners to go to ridings to drop off these pamphlets to try to trick Canadians into thinking it was a genuine “Meet Your Liberal Team” flyer to go to the website to see the candidates who were running. However, this was a flyer that was printed, manufactured and links to a website that is all under the control of the Canadian Coalition for Firearms Rights, a branch of the Conservative Party of Canada.

I think it is extremely unfortunate, as members have said before me, that time and again Conservative members get up in the House to misrepresent the law we are creating, the facts and the statistics, all in the name of raising more money. They are trying to capitalize off this as much as possible. Who knows, maybe later today we will have the Leader of the Opposition filming a video as he is running out of the House of Commons, with the mace in the background, as he did with a previous bill we had, just to raise a last bit of money before the issue is dead. It is shameful that His Majesty's opposition operates in this way, yet we see it time and again.

Canadians should take great comfort in knowing that, despite the differences that exist between the Liberals, the Bloc Québécois, the NDP and the Green Party, we are all united around this legislation because we know it is what Canadians want. We know it is the right step forward, and there are adults in this room who are making sure that we do everything we can for the safety of Canadians throughout our country. Unfortunately, the Conservatives are not acting that way.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I am very proud of the work the NDP has done to ensure that the rights of indigenous peoples are being protected. I wonder if the member could educate us on what the NDP amendment to add section 35 rights would mean for indigenous peoples.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, the primary objective of the NDP was to ensure there were no unintended consequences of the bill that would affect indigenous communities throughout our country and their ability to continue to hunt and use firearms in a safe manner for their intended purpose of hunting.

I applaud the NDP, quite frankly, for working with the government and doing the right thing at committee by trying to put forward meaningful amendments to the benefit of the intent of the bill, as opposed to Conservatives, who were going to committee and criticizing amendments as tools that would result in people making false claims to the courts about weapons in their household.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I appreciate the change-up in the routine here. I wanted to ask my hon. colleague from Kingston and the Islands about this. I am good friends with the hon. member for Battle River—Crowfoot. On both sides of this House I want to identify this particular type of polarization and hope that we can arrest it.

My friend from Battle River—Crowfoot said that the Liberals did not care what rural Canadians think and so on and so forth. Rural Canadians are just as much at risk from gun violence as anyone else. I think in our language and the way we talk about things in this place we should be mindful of the mass casualty report of the killings in Nova Scotia from April 2020. It is very clear, about those horrific days, that the report revealed that for more than a decade before various reports went into the RCMP that this particular individual had guns, legal guns and illegal guns, and no one followed up. The whole thing was in the context of gender-based violence and domestic violence and the police took the view that that was a lesser offence than other things.

I just want us to find a way in this place to get over what I think is societal long COVID and start working together to protect Canadians.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, the hon. member made a very good point. For some reason, people tend to think that gun violence is something that only happens in downtown Toronto. Gun violence happens right across our country in urban areas and in rural areas.

In particular, the example that she referenced would have been a situation where the red flag provision could have come in, such as with a petition to the court in an emergency circumstance where an individual has grave concern over weapons in a household that are being stored or could potentially be used in a violent manner.

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

Mr. Speaker, as we come to report stage on this piece of legislation, one of the concerning things that the Minister of Public Safety has said is that there will be a creation of a firearms advisory committee. It is unknown at this point, in advance of this bill passing, what the makeup of that committee will be like, who is going to be on it and what decisions it will be making.

We do know that it is going to look at certain firearms and make recommendations to the government. Then it will be up to the government through an order in council to determine whether in fact it is going to ban these firearms. It is effectively a backdoor way of banning firearms that the committee would advise to be banned and that the government wants to ban.

I am wondering if the hon. member has any opinion as to whether in fact this should be the case in the absence of any information and whether this is a good idea or not.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, other than the fact that the minister has indicated he is going to do something, the rest of the question is based on a hypothetical situation that the member suggested might be the case or may happen. I would be reluctant to comment on the hypothetical situation other than to say that I do not have any other information than he would at this point with respect to what the minister will be bringing forward exactly. When that does come forward, I look forward to reviewing it and discussing it at that time.

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, it was December 6—

[The Deputy Speaker, Chris d'Entremont]

There is a point of order.

The hon. member for Battle River—Crowfoot.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, I am very sorry to interrupt my colleague from the Bloc.

In one of the previous questions, the member for Saanich—Gulf Islands referenced that the worst shooter in Canadian history was legally allowed to own guns. That is false. He was under a prohibition order. They were not legal guns. There should be an apology.

[The Deputy Speaker, Chris d'Entremont]

That is a part of debate so it is not a point of order.

The hon. member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix.

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, it was December 6, 1989, at École Polytechnique de Montréal, January 29, 2017, at the Quebec City mosque and so many other dates. Those dates need to resonate with my colleagues when they consider voting on this bill.

The Bloc Québécois will vote in favour of Bill C-21. We can say without hesitation that the Bloc Québécois's contribution is undoubtedly why this bill is finally acceptable. I would like to note the exceptional work of my colleague from Avignon—La Mitis—Matane—Matapédia, without whom this bill would certainly not have progressed in the same way.

That said, it is far from perfect, as it was initially botched by the government. We can see that, as with Bill C-10, Bill C-11 and so many other bills, the Liberal signature is to introduce flawed bills and be able to brag about having done this and that. In reality, it is others who improve them and deal with the problems and shortcomings of each bill that the government proposes. Bill C-21 is a flagrant example.

The bill was tabled in May 2020. It was essentially a freeze on handgun acquisitions and a grandfather clause. In that respect, the government did in effect prohibit most models of assault rifles with its order in council on May 1, 2020, which was issued quickly, a short time after the killings in Portapique, Nova Scotia, but several models were not covered, while new models continue to enter the market. Also, the prohibition on May 1, 2020, did not cover all “modern” assault weapons, thus allowing weapons like the very popular SKS, which is frequently used in mass shootings in Canada, to remain legal.

In the briefing to members and political staffers, officials also confirmed that the government planned to amend the bill to add other measures, which was unheard of for a newly tabled bill. There was no rhyme or reason.

In other words, the bill was not at all ready and the government only tabled it to ride the wave of support for gun control following the latest unfortunate shooting. That is called opportunism. I would even add a real lack of desire to be truly effective. In short, the government was not necessarily able to bring forward a fair and reasoned bill, but action was required because it was the right time and looked good. The results are there.

In fall 2022, the government tabled a package of amendments to its own bill. More than 400 pages of amendments were submitted to the Standing Committee on Public Safety and National Security, although the studies were already completed. These amendments included new measures to combat ghost weapons, but also a definition of a prohibited assault weapon and a list of more than 300 pages of prohibited weapons.

Here is another demonstration of what the Liberal government has made us accustomed to: anything. These amendments were tabled without explanation, without briefing and without a press scrum. Even Liberal members of the Committee seemed unable to explain these amendments. The various positions of the advocacy groups have become entangled—that is normal, of course—in a mish-mash of various readings and interpretations, most of which were justified or unjustified, since we were in a sort of grey area.

By drawing up this list, the government created a host of ambiguities and possibilities for circumvention, and, at the same time, penalized hunters and airsoft sport shooters. This does not include the weapons market already trying to circumvent the list. The concerns kept growing.

Hunters' fears are a good example. The Bloc Québécois listened to hunters. We therefore proposed reopening the study so that experts could be brought in to testify on the matter of assault weapons. The Bloc Québécois opposed the list in the Criminal Code because it made it needlessly long. The Criminal Code is not a real-time reflection of models of weapons and their classification.

It is my colleague from Avignon—La Métis—Matane—Matapédia who was a guiding light and kept the reason for logic throughout the process. Through pressure from all over, her team's research and her consultations with scientists and advocacy groups, she and the Bloc Québécois research team made a big difference in the study process of this bill.

It makes me very proud, today, to take the floor and re-tell the entire story. The government then tabled a gag order to quickly conclude the study of Bill C-21.

However, the government itself is responsible for the slow progress of Bill C-21. It preferred to bring forward an incomplete bill quickly after the killings rather than take a few more months to table a complete bill.

Despite these shortcomings, the Bloc Québécois will vote in favour of Bill C-21. Initially, the bill was criticized by hunters, pro-firearms control groups and air gun enthusiasts. Thanks to the Bloc Québécois, it was improved and satisfied most of the groups. Again, the Bloc was proactive and made such fair proposals that they could not be refused.

The government has acted softly for years, leading to gun violence everywhere, particularly in Montreal. Prohibited weapons are circulating illegally. Bill C-21 is a poultice on a wooden leg, as my father would say. It is not nothing, but it is little, and the time wasted with the parliamentary exercise of cobbling together a badly designed bill does not save time. However, time is running out.

It was a mistake to try to create a bill full of shortcomings, that practically put hunters, sports enthusiasts and killers in the same boat. What a lack of will and respect for the afflicted, the victims, and for the innocent. In fact, the ultimate urgency was to table a bill developed by experts and scientists and improved by consultations with associations and as many representations as needed. The government is proposing quite the contrary, and that is unfortunate.

As usual, the Bloc is being valiant. We have done the work by bypassing and adapting the limitations and mistakes of the government. The next step is urgent. Weapons are flowing into Canada. What will the names of the next victims be? Who will lose a mother, a father, a daughter or a neighbour? What does the Liberal government plan to do to prevent illegal weapons from crossing the border?

I hope it will learn from its mistakes. Above all, I hope that the next steps in the fight against crime will be firm and frank gestures, based on clear legislation and taking into account the realities and needs of organizations that oversee, that work and that intervene in the area of public safety.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I appreciate a number of the comments that the member has put on the record, but I would like to emphasize that, as a government, it is more than just the legislation. She expresses a little bit of disappointment. Maybe I can give her some words of encouragement.

We have seen, for example, a very high number of guns being confiscated at the border in the year before. I would suggest that this was probably one of the higher years of gun confiscations that we have seen, maybe, in the last decade-plus. I think that we have seen budgetary measures that support our border controls, as well as enhancements for law enforcement officers. There has been the legislation that we are talking about today. I think that, for the first time in a long time, we actually have a government that understands the issue, and 84% of Canadians, through a Leger poll, are indicating that the Government of Canada is on the right track.

Could she provide her thoughts in regard to the overall approach of the government in dealing with this very serious issue?

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, I will not list what is happening in Montreal.

Although I applaud the efforts of our government, this obviously does not solve the problems, since killings are causing the dead to pile up. It is absolutely necessary to do things that I would describe as more focused and more draconian, and probably invest more in all kinds of areas.

It is not just border control. There is also education. There is also psychological support in social matters. I welcome the government's efforts, but clearly, in Montreal alone, the feeling is that it is not enough.

[Richard Martel, Conservative, Chicoutimi—Le Fjord, QC]

Mr. Speaker, I congratulate my colleague for her speech. That called to me when she said that they listened to people, hunters and so on.

I remember very well that from the beginning, they were in complete agreement on Bill C-21. One of her colleagues was even in favour of amendment G-4 and was very comfortable tabling it. All of a sudden, they turned right around.

What happened for them to, first of all, be in full agreement with the Liberals and the NDP and then, after seeing that there was some grumbling, they went back over their work?

I would like to know what my colleague thinks of the decision by her colleague, who was very comfortable with amendment G-4.