An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

Sponsor

David Lametti  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 has also written a full legislative summary of the bill.

This enactment amends the Criminal Code and the Controlled Drugs and Substances Act to, among other things, repeal certain mandatory minimum penalties, allow for a greater use of conditional sentences and establish diversion measures for simple drug possession offences.

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

June 15, 2022 Passed 3rd reading and adoption of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
June 15, 2022 Failed Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (recommittal to a committee)
June 13, 2022 Passed Concurrence at report stage of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
June 13, 2022 Failed Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (report stage amendment)
June 9, 2022 Passed Time allocation for Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
March 31, 2022 Passed 2nd reading of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
March 30, 2022 Passed Time allocation for Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act

Criminal CodeGovernment Orders

June 22nd, 2022 / 5:15 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, this is an excellent idea and worthy of debate in the House. I look forward to my colleague in the Bloc Québécois tabling a private member's bill, or somebody in the House tabling a bill, to establish just such a thing.

As I said in my comments, I am checked as a law-abiding citizen every day to ensure that I am able to continue to legally possess firearms in this country, yet we do not have a system in this country that would keep track of people who are prohibited from having firearms because of their affiliation and association with criminal gang activities and prior convictions.

This government, through Bill C-71, now Bill C-5 before the House, would make it easier for criminals to be out on bail, to be out on parole and to have zero time served in jail. At the same time, the only people it would make life difficult for, when it comes to firearms, are law-abiding firearms owners in this country. It is shameful.

Criminal CodeGovernment Orders

June 21st, 2022 / 7:05 p.m.


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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I was saying that I do not understand why the government does not work with the opposition to table bills that will really make a difference.

I was talking about a definition for an assault weapon. That is important. Taking action is a Bloc proposal. We have a lot of proposals like that. Every time I rise, I am thrilled to list the Bloc's intelligent and well-thought-out proposals. I often sound brilliant when I do that, but our extraordinary research team really deserves a lot of credit.

Then there is organized crime. The people shooting at each other in Montreal are organized. They are in a gang. They want to eliminate the other gang and take over the neighbourhood. We have all watched plenty of movies and can imagine what motivates them to go and shoot someone in a restaurant, in front of children. The tragedy is that this is not a movie on Netflix. This really happens. We do not have to accept that.

As elected members of the federal Parliament, it is not only our duty but our moral obligation to act on this. We are debating Bill C‑21, which will affect 5% of the firearms being used. It is a small step forward, but it does not address the real problems. Lately, during almost every question period, my colleague from Rivière-du-Nord has been asking the Minister of Public Safety when he will create a list of recognized criminal entities.

Something similar exists for terrorist groups. It gives police something to work with. It gives prosecutors tools. It makes it easier to bring people to justice. We control the laws. We have the freedom to do that.

Why not give ourselves this gift? I do not understand. Who are we afraid of? Those are the questions we need to be asking ourselves.

We are dealing with a government that will go to the media and say it is taking action on guns by passing Bill C-21, when really, the bill does absolutely nothing. I can say this because every time my colleague from Rivière-du-Nord sits down after a question in question period, that is the answer he gets. He is told every time that the government has introduced Bill C-21 and that it hopes the Bloc Québécois will support its passage. Of course the Bloc Québécois is going to vote in favour, but we need more than that. We need to tackle the root cause of the problem.

We are dealing with a government that is all about image. It does not care about tackling problems. Just look at the passport crisis we are currently facing. That is the perfect example. How long have we been talking about that? Can the government do something about it, put resources into it, open the offices on weekends?

The minister stands up and says that the offices are open on weekends, but people are telling me over the phone that the offices are not open on weekends. Then we are not supposed to get upset. For 10 years, we have been calling for employment insurance reform. What is happening? Nothing. Last fall, fathers still had to prove they were using food banks in order to get benefits. Cuts are still being made to the guaranteed income supplement. The Liberals are going to stop making cuts in July. The machine is too big. No one knows how to press the button without messing up the entire calculation. It is going to take another cheque. It is totally ridiculous. Despite the inflation we are seeing right now, the government refuses to increase the old age security pension. I could go on at length.

I asked a question about support for agriculture today. It has been more than a month since people from agricultural organizations proposed practical solutions. They are not asking for money to be thrown at them. They are showing up with a list of solutions. More than a month has gone by, and there is still no response. It is radio silence. The management of the border during the COVID‑19 pandemic is another issue. I could go on until midnight. Are we sitting until midnight? I am game.

Let us come back to the bill. This bill has positive elements. Earlier, the parliamentary secretary spoke about red-flag and yellow-flag provisions. We are aware of these provisions, and that is why we will support the bill. At the same time, there are contradictions. Bill C‑21 increases the sentence for gun traffickers in an attempt to impress the public, whereas Bill C‑5 reduces the sentences.

We say that we agree with reducing sentences, but this is not the time to reduce them for crimes committed with a firearm. The response is that, in any event, it does not change criminals' minds.

The same argument does not hold from one bill to the other, which I have a hard time understanding. Everyone in the Bloc Québécois is reaching out to the government. We want to crack down on real organized crime, the real criminals, the thugs who traffic firearms and terrorize our cities. There is work to do and we are prepared to do it. Until then, we will vote in favour of Bill C‑21 because it is a step in the right direction.

Criminal CodeGovernment Orders

June 21st, 2022 / 5:05 p.m.


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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, it is always a pleasure to rise on behalf of the citizens of Kamloops—Thompson—Cariboo.

I will look directly at the member and say that on this side of the House, we care about gun crime. I spent three years of my life invested in doing everything I could with respect to my job when it came to gun crime, and I believe that my colleagues share that same sentiment. We do not want to see another shooting.

My question is twofold. First off, I am sorry, as I noted the hon. member spoke about the people in his life who have been impacted by gun crime. That is horrible and we do not want to see it. However, the member cited a number of cases, and I am wondering if he knows whether the guns used were legally or illegally obtained, and why we are not going after illegal guns in Bill C-21. Second, how does he reconcile this speech with the fact that we have lowered sentences with conditional sentence orders in Bill C-5?

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

Thank you very much for your frank answer.

You also spoke about racism and systemic discrimination. Over the last few months our committee has studied Bill C-5 and passed it. This bill aims to address the overrepresentation of Black and indigenous people and people of colour in the criminal justice system.

We've heard some people saying that the bill is too soft on crime and pits community safety and victims' rights against constitutional rights and common sense in criminal law policy.

Do you think this bill would address the overrepresentation issue and that it necessarily goes against victims' rights when we talk about trying to balance both?

Second ReadingCriminal CodeGovernment Orders

June 21st, 2022 / 12:25 p.m.


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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, even the Liberalist can be circumvented, but that is another matter.

What we are saying is that we would resolve a big part of the problem that was mentioned regarding air gun users. We are proposing that the bill include a clear definition of what constitutes an assault weapon, rather that listing all the weapons that are banned. There are currently 1,800 weapons on that list. It is never-ending. Weapons would need to be added to the list annually or even monthly to cover everything that needs to be covered. We would not be able to keep up. Instead, we should establish a clear definition of what constitutes an assault weapon and then ban them all. A weapon that does not meet the established definition would be allowed. That would surely satisfy the many firearms users who are telling us that the gun they use is being banned when there is no reason for it because it is not a real assault weapon. If we clearly define what constitutes an assault weapon, we can avoid a lot of discussion and problems regarding air gun users.

What really takes the cake is hearing the Minister of Public Safety and the Minister of Justice tell us that the increase in maximum sentences set out in Bill C‑21 will solve a lot of problems with crime, shootings and so on. We have been opposing Bill C-5 for months because the bill is unexpectedly and inopportunely going to eliminate minimum sentences for gun-related crimes. We are saying that the minimum sentences for gun crimes must not be reduced. People want us to do something about the shootings. In the case of that bill, the minister told me not to worry about it because criminals do not care about the elimination of minimum sentences. That does not concern them. There is not one criminal who worries about what the minimum sentence is before they commit a crime.

Today, not even a week later, the Minister of Public Safety is boasting about how great the government is for taking action on shootings by increasing the maximum sentences. Something does not add up here. I do not get it.

About increasing the maximum sentences from 10 to 14 years, I think that someone committing a firearm offence cares more about not getting caught. Is the maximum 10 years or 12 years? I would be surprised if that person thought long and hard before committing the crime. Having said that, we obviously cannot be against this measure. I think it is a good measure, but it will have virtually no effect on the growing crime rate.

Then there are the yellow-flag and red-flag provisions. This is a good thing. For quite some time, many women's groups and victims' groups in the community have been saying that someone who becomes threatening or violent should have their licence and weapons taken away. The red-flag provisions would allow for the confiscation of a firearm from someone who is a danger to themselves or others. If someone is accused of domestic violence or stalking and a protective order is issued against them, their licence could be revoked or at least suspended.

The red-flag and yellow-flag provisions are a good thing, and the Bloc Québécois is happy to support them. We thank and commend the government for them.

As far as cartridge magazines are concerned, they are already limited to five bullets or a bit more depending on the type of gun. We were glad it was limited because no one who goes hunting needs a cartridge magazine with 20 bullets, unless they are a bad shot. If so, they would be better off staying at home. Limiting the capacity of cartridge magazines to five bullets was already a good thing. Bill C‑21 also seeks to prohibit the alteration, import or resale of these cartridge magazines and make it a Criminal Code offence. These are good provisions that the Bloc Québécois supports.

Again, I want to reiterate what my colleague from Avignon—La Mitis—Matane—Matapédia and I have been saying for weeks in the House: There is a problem. Bill C‑21 is a good bill, but 95% of the shootings happening right now every day in the streets of Montreal and elsewhere are committed with illegal handguns that were acquired on the black market.

That is what people want us to tackle. People talk very little about legal guns, if at all. They do talk about them, that is true, but those guns are not used to commit most crimes, although it does happen. Once again, the Bloc Québécois is in favour of Bill C‑21, but what is the government doing about the illegal guns that are used to commit 95% of crimes?

The Bloc Québécois is very worried about that because our voters are worried about it. Perhaps Liberal voters are not worried about it, but I will let the Liberals discuss it with their voters. People are talking about it in our ridings. People call my riding office and ask me when will we solve the problem of people shooting at one another in the streets of Montreal like in a western. It is outrageous, and we must act. However, Bill C‑21 does nothing about that.

Last week, Quebec announced $6.2 million to tackle gun smuggling through Akwesasne. That is a good thing, and we were pleased. However, Quebec should not be paying for it, given that border control is a federal responsibility. It would seem that the Liberals are not interested in managing things that fall under their jurisdiction. It is disappointing and worrisome for the public, and for the Bloc Québécois.

As my colleague from Shefford stated, the Bloc Québécois will be voting in favour of Bill C‑21. However, once again, we are very disappointed with this government's complacency on the issue of guns illegally crossing our border.

Second ReadingCriminal CodeGovernment Orders

June 21st, 2022 / 12:10 p.m.


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Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, I will begin by saying I will be sharing my time with the always incisive member for Rivière-du-Nord.

Some debates are complex, difficult and delicate. They elicit strong reactions, and even divide us and help create rifts in our society. The debate on Bill C-21 is a striking example.

I remember that this is the first file I commented on publicly after I was elected for the first time in fall 2019, and here we are at the end of the session in my second term, in June 2022, and we are still talking about it.

I would like to point out that the Bloc Québécois will still be voting in favour of Bill C-21 at second reading, but we believe that the bill should be improved in committee. My colleagues can rest assured that the Bloc will try to be as constructive as possible, but our now-famous dynamic duo, namely the hon. member for Rivière-du-Nord and the hon. member for Avignon—La Mitis—Matane—Matapédia, could explain it better than I can, since they have asked the Minister of Public Safety many questions on the issue. I will begin my speech by addressing certain aspects of Bill C-21, then certain points more specifically related to femicide and, lastly, other points focusing on domestic violence.

First, given the numerous events in the news in Montreal lately, Bill C-21 is a step in the right direction, but it will have little effect in the short term and change practically nothing in the streets of Montreal. The most important new feature in this bill is a complete freeze on the acquisition, sale and transfer of handguns for private individuals. Legal handguns will therefore disappear on the death of the last owner, since it will be impossible to bequeath or transfer the guns to others.

However, the bill includes exceptions for people who need a handgun to perform their duties, such as bodyguards with a licence to carry, authorized companies, for filming purposes for example, and high-level sport shooters. The government will define by regulation what is a “sport shooter”.

Those who already own a handgun will still be able to use it legally, but they will have to make sure to always renew their licence before the deadline or lose this privilege. The bill freezes the acquisition of legal handguns, but we will have to wait many years before all of the guns are gone, through attrition. In contrast, the number of illegal guns will continue to grow.

The federal government estimates that there are more than one million legal handguns in Canada and that more than 55,000 are acquired legally every year. The federal freeze would therefore prevent 55,000 handguns from being added to the existing number, but it does nothing about the millions of guns already in circulation. The Bloc Québécois suggests adding handguns to the buyback program in order to allow owners to sell them to the government if they so wish. In short, we are proposing an optional buyback program.

However, one of the problems is that, according to Montreal's police force, the SPVM, 95% of the handguns used to commit violent crimes are purchased on the black market. Legal guns are sometimes used, as in the case of the Quebec City mosque shooting, and it is precisely to avoid such mass shootings that the Bloc Québécois supports survivor groups in their demands to ban these guns altogether.

Bill C‑21 does nothing about assault weapons either, even though manufacturers are custom designing many new models to get around the May 1, 2020, regulations. The Bloc suggests adding as clear a definition as possible of the term “prohibited assault weapon”, so that they can all be banned in one fell swoop, rather than on a model-by-model basis with taxpayers paying for them to be bought back. The government wants to add to the list of prohibited weapons, but manufacturers are quick to adapt.

Also, Bill C‑21 will have no real impact on organized crime groups, which will continue to import weapons illegally and shoot people down in our streets. The Bloc Québécois has tabled Bill C-279 to create a list of criminal organizations, similar to the list of terrorist entities, in order to crack down on criminal groups that are currently displaying their gang symbols with total impunity while innocent people are dying in our streets. My colleague from Rivière-du-Nord will discuss this bill in more detail, since he is the sponsor.

The most important thing for getting to the heart of the problem is reducing the number of guns available. Bill C‑21 increases prison sentences for arms traffickers, from 10 years to 14, and makes it an offence to alter cartridge magazines. It was already illegal to possess cartridge magazines that exceed the lawful capacity, but the government is now making altering cartridge magazines a crime.

Second, as the Bloc Québécois critic for status of women, I am regularly asked about this type of bill. What is interesting in this case is that Bill C‑21 incorporates the red- and yellow-flag system from the former Bill C-21. With the red-flag provisions, the Criminal Code will allow any individual to ask a judge to issue an order to immediately confiscate firearms belonging to a person who could be a danger to themselves or others, and even to confiscate weapons belonging to a person who might make them available to a person who poses a risk. The order would be valid for 30 days, and judges could take measures to protect the identity of the complainant.

The yellow-flag provisions would allow chief firearms officers to temporarily suspend a person's firearms licence if they have information that casts doubt on the person's eligibility for the licence. This suspension would prevent the person from acquiring new firearms, but it would not allow for the firearms they currently own to be seized. However, the person would not be allowed to use those firearms, for example at a firing range.

A new measure in this version of Bill C-21 is the immediate revocation of the firearms licence of any individual who becomes subject to a protection order or who has engaged in an act of domestic violence or stalking. This measure has been lauded by many anti-femicide groups, like PolyRemembers. There are several such groups, far too many, in fact.

This includes restraining orders and peace bonds, but also, and this is interesting, orders concerning domestic violence and stalking, including physical, emotional, financial, sexual and any other form of violence or stalking. A person who was subject to a protection order in the past would automatically be ineligible for a firearms licence.

However, there is another problem in relation to gun smuggling. The bill contains only a few measures and, I will say it again, it does not mention a buyback program for assault weapons or even the addition of a prohibited assault weapons category to the Criminal Code, two things that are absolutely necessary.

It is important to point out that 10- and 12-gauge hunting rifles are not affected by the ban. The gun lobby tried to sow doubt with a creative definition of a rifle's bore, which is now limited to under 20 millimetres. The bill therefore does not affect hunters. I know that many hunting groups are concerned about the new measures, but we need to reassure them that assault weapons are not designed for the type of hunting they do.

Getting back to assault weapons, the government as already planning to establish a buyback program through a bill in order to compensate owners of newly prohibited weapons, but it did not do so in the last legislature. If the government persists in classifying guns on a case-by-case basis, the number of models of assault weapons on the market will continue to rise. That is why the Bloc Québécois suggests adding a definition of “prohibited assault weapon” to the Criminal Code so that we can ban them all at once.

The Liberals keep repeating that they have banned assault weapons when there is nothing preventing an individual from buying an assault weapon right now or going on a killing spree if they already have one, since a number of models remain legal. Having already come out against this in Bill C‑ 5, the Liberals are also sending mixed messages in removing mandatory minimum sentences for certain gun crimes.

Third, I know that this bill will not stop all cases of femicide, but it is significant as part of a continuum of measures to address violence. There is still much work to be done, for example in areas such as electronic bracelets and health transfers, to provide support to groups that work with victims and survivors.

On Friday, the Standing Committee on the Status of Women tabled its report on intimate partner and family violence in Canada, and that is essentially the message I wanted to convey in my supplementary report. I hope it will be taken seriously. We will also need to work on changing mindsets that trivialize violence and try to counter hate speech, particularly online.

To talk a little bit about the bill, it relates to cases of violence, and we mentioned electronic monitoring devices. The bill would provide for two criminal offences that would qualify for electronic monitoring, including the authorized possession of a prohibited or restricted firearm or ammunition. That is a good thing. Something worthwhile came out of the work that we did at the Standing Committee on the Status of Women.

In closing, we are not the only ones who are saying that this bill does not go far enough or that it needs more work. The mayor of Montreal herself said that this bill does not go far enough. She said, and I quote:

This is an important and decisive measure that sends the message that we need to get the gun situation under control. The SPVM is making every effort to prevent gun crime in Montreal, but it is going to be very difficult for police forces across the country to do that as long as guns can continue circulating and can easily be obtained and resold.

There is still work to be done, and we must do it. We owe it to the victims. Enough with the partisanship. Let us work together constructively to move forward on this important issue. We cannot stand idly by while gunshots are being fired in our cities, on our streets and in front of schools and day cares. Let us take action to put an end to gun culture.

Criminal CodeGovernment Orders

June 20th, 2022 / 1:15 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I want to add my voice as well to the debate around Bill C-21, which is a very sinister bill that comes out of the evil intentions of the Liberal government.

Why do I say that? It is because the bill before us will do nothing to end the crime sprees that we are seeing happen across the country. The bill will do nothing to end the violence that is happening in our streets. The bill will do nothing to support law enforcement in bringing these people to justice and holding them to account.

I hear over and over from community members that criminals are operating with impunity in broad daylight. They do not seem to fear the police whatsoever, or authorities of any sort, and that is the hard work that needs to be done. However, the Liberals are not interested in doing that hard work, because they know that this hard work will not score them political points. Therefore, I lay at their feet that the bill before us is a feeble attempt and that the Liberals should reconsider what they are doing.

Bill C-21 will not reduce gun crime and it will not reduce crime that is happening in our streets across the country. Why? It is because it would not give the authorities new tools; it would not provide new funding for law enforcement; and it would not allow for law enforcement to make quick interventions in these kinds of situations.

In Calgary, not a month ago, people in two cars racing down the street were shooting at one another. One car collided with a minivan and killed a mother of six children. Community members were asking, “How does this happen in broad daylight? Why did these criminals think that they could operate with impunity?” Well, that is because they did not see that there would be any consequence to what they were doing, and that is the challenge. That is the challenge of governing and it is what is required of government, which is to ensure a reward to those who do good and punish those who do evil.

This government is not doing that. For that, it gets a failing mark on Bill C-21.

This particular bill, although it takes the easy way out, would go after law-abiding firearms owners. The people who are already obeying the law and jumping through all of the hoops to own a firearm would only have another hoop placed in front of them. They would not be able to purchase new handguns or be able to transfer those handguns to their offspring and those kinds of things. Under this particular bill, they would be the last generation of handgun owners.

Many of these firearms are heirlooms handed down from generation to generation. Many of my constituents speak with pride about the firearm that their great-grandfather used to own, and they have it in their collection. It is something they will no longer be able to pass down if Bill C-21 comes into force. How will that prevent criminals from operating with impunity in broad daylight? It will not.

That is a punitive, lazy and evil outcome of this particular bill. It would take away a freedom that Canadians have to pass on their heritage to their children, but it would not equip law enforcement or communities in order to prevent criminals from acting in broad daylight, making our communities less safe and a place where the gangsters rule, rather than law and order.

The Liberals claim law and order is their goal, but in reality we know that it is not. If they were actually focused on tackling some of these tough issues around restoring law and order, making criminals fear authorities, putting power behind the authorities and providing political support for law enforcement to do their job, we would see a restoration of peace and security in these communities. However, we have seen the Liberals tacitly support the “Defund the Police" movement; we have seen them radically reduce the length of sentencing that comes from participating in gun crime with Bill C-5; and we have seen their failure to adequately call out the firebombing of churches across the country.

All of these things have allowed gangsters and communities to feel like there is no law and order being upheld in particular communities. Where I come from, rural crime is a large and growing issue. People do not even phone the police anymore, because they are quite convinced that nothing will be done. The police will do the investigation and make the arrests, and the perpetrator will be out again the next evening. Then, when it does eventually go to trial, the whole case will be thrown out on some technicality. This does not bring justice for the victims, but it also does not put the perpetrators on a path to restoration to the community or a path of rehabilitation so that they can operate in the community.

These are some of the things that Conservatives have been calling for. We have been calling for the government to work to back up the police. My dad is a World War II history buff and he has a poster on his wall of a soldier going off to war. It says, “Buy Victory Bonds. Back him up!” That is essentially what we are calling on the government to do, to back up the law and order of this country and to provide the political support to ensure that law and order can be enforced in our communities. That is one of the major things we are seeing, whether it is in downtown Toronto, whether it is in Surrey, British Columbia, whether it is in Calgary, whether it is in northern Alberta or whether it is in Fairview, Alberta. That is something we are calling for.

Another thing I want to bring up as well is about some of the sports that involve firearms, particularly the handgun-shooting sports. I have a good friend up in Slave Lake who participates in a particular type of competition around this. He is of elite skill. I do not have any concern that he will not be able to get the elite skill exemption that is placed in this bill, but his question is, how does one become elite? One becomes elite by starting out as an amateur. One becomes elite by beginning at the bottom of the totem pole: buying one's first handgun when one is 18 years old, going to the range, learning how to shoot, getting a mentor, all those kinds of things.

In hockey, we have thousands of people who play hockey who want to make it to the NHL. The same thing happens with elite handgun-shooting competitions at the Olympics. Typically, there are thousands of people who are participating at the amateur level so that we can have one or two make it to the Olympics to represent Canada on the world stage. How are we going to ensure that we have a strong and growing base of people to draw from for those things?

The other area of competition I want to talk about is paintball and airsoft. These two particular sports are going to be extremely penalized by this particular bill, because many of the paintball markers or airsoft tools look like a replica of a firearm. How does that help anybody in Canada? Many times these are replicas that are used for training purposes. They are used for simulation purposes. Again, the point is that if we want to have Canadians competing at the Olympic level, we need to ensure that we can use these particular tools.

I find that Bill C-21 is a sinister bill. Bill C-21 does not do the things that it is purported to do. I look forward to the defeat of this bill and the government providing support to law enforcement to restore law and order in our communities.

Criminal CodeGovernment Orders

June 20th, 2022 / 12:15 p.m.


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Conservative

Gerald Soroka Conservative Yellowhead, AB

Madam Speaker, I am pleased to rise in the House today to speak on Bill C-21, an act to amend certain acts and to make certain consequential amendments with a particular focus on Canadian firearms legislation. It is yet another bill that proves this NDP-Liberal government's incompetence and vendetta against Canadians by being too soft on crime, particularly gun crime, while being punitive towards law-abiding Canadians.

The main premise of the bill is generally to ban the future legal sale of handguns in Canada and increase the allowable penalties for gun smuggling and trafficking. Bill C-21 also outlines an untested buyback program based on a similar approach attempted by New Zealand. The program proved to have numerous substantial issues that the NDP-Liberals conveniently omitted from the contents of the bill. Ultimately, the government claims to advance laws to protect Canadians. However, upon closer inspection, Bill C-21 is riddled with contradictions and faulty premises that are simply an attack on Canadians' safety and security. How can the government claim that it is keeping guns off our streets when the bill itself is grounded in unfounded statistics and a faulty premise from a country that implemented a similar approach, and claim that the increase of maximum penalties will deter crime?

It is incredibly contradictory that the government is introducing Bill C-21 to pair with the equally problematic Bill C-5, further proving that the government prioritizes political gain over the protection and security of innocent, hard-working Canadians already being subjected to the government's ineffective draconian rule.

For the sake of brevity, I will focus my speech on the following: one, the flawed statistics that the government based its argument on in the first place; two, the equally faulty premise riddled with issues from New Zealand's Arms Amendment Bill; three, the government's focus on protecting offenders while punishing law-abiding, licensed Canadians; and four, the NDP-Liberal government's critically misdirected approach to address gun crime and firearms legislation through Bill C-21.

Going back to numerous statistics, gun crime has climbed steadily since the government has been in power and, unsurprisingly, even more so with its “spend-DP” allies. Together, they managed to spend more to achieve less, and Bill C-21 is no different. The foundation of the bill is in reference to a series of records from Statistics Canada. Statistics Canada highlighted that firearm-related violent crime only represents a small proportion of police-reported crimes in Canada, accounting for 2.8% of all victims of violent crime reported by police in 2020.

Furthermore, Statistics Canada states that the numbers upon which the bill is founded are lacking in numerous areas. It quotes gaps in its records such as, but not limited to: one, the types of firearms used in these crimes; two, whether or not the owner of the firearm was licensed to bear arms in the first place; three, where the firearm was procured from to commit the offence; and four, whether or not the firearm was properly or improperly stored. With these piecemeal statistics, I want to know how the government has the gall to insist that it is getting tougher on crime by relying on punitive approaches to licensed gun owners over addressing the real issues of gun-related violence from gangs and their members in our communities.

Bill C-21 did introduce increasing maximum sentencing for certain offences, but increasing maximum penalties will give no reprieve when the minimum penalty would be Bill C-5's option for house arrest under conditional sentencing. Furthering the theme of faulty premises, the government introduced a buyback program that was loosely based on a similar approach adopted by New Zealand in 2019. It was called the Arms Amendment Bill. The recommendation highlighted that handguns would be sold off to authorized parties so long as they were accepted, and then the previous owner would be adequately compensated. This approach should have also highlighted the issues found by New Zealand in adopting such a program: issues the government conveniently omitted from discussions.

Considering that the government is introducing a similar approach, it could be reasonably inferred that Canada would be plagued by similar obstacles. Under New Zealand's Arms Amendment Bill, the program lacked fair and reasonable compensation for gun owners who had legally obtained their firearms from a reputable source, thus leaving some licensed owners scrambling to sell their firearms to select establishments that would accept them.

Inevitably, the limited market of firearms purchasing would leave it oversaturated, with firearms circulating through the buyback program, leaving gun owners undercompensated and frustrated. Ultimately, this would result in significantly more egregious gaps in the already spotty records outlined from Statistics Canada. Without an accurate track of handguns in circulation and sold or procured through the program, how can we accurately account for firearms in Canada?

This program would not account for illegally obtained or smuggled firearms. It would not contribute to the accuracy of statistics we have on firearms-related offences in Canada, and it certainly would not protect and preserve the safety and security of vulnerable and innocent Canadians comprising our communities. Instead of investing in an untested firearms program in Canada, the government should invest in improving support systems and resources for anti-gun violence.

Why is the government pampering actual offenders who are wreaking havoc in our streets with illegally obtained firearms? It should scrap the program, as outlined in Bill C-21, and reinvest the funds into anti-gun-violence resources, provide rehabilitation for demographics prone to gang involvement, and strengthen our border security to avoid the infiltration of firearms in our neighbourhoods. The lack of these common-sense solutions in Bill C-21 only proves that the government is not serious about keeping firearms off our streets. It only knows how to mismanage taxpayers' money to advance its ineffective NDP-Liberal agenda.

The lack of a grandfathering clause in Bill C-21 would force firearms owners to either surrender their firearms to the limited dealers allowed to store firearms, as noted through Bill C-21, or retain their ownership. Either way, this would do nothing to solve the issue of firearms-related crimes in Canada.

If anything, the lack of a grandfathering clause would only contribute to more backlogs and waiting times that plague the country. Canadians do not need another NDP-Liberal manufactured disservice. Regardless of all the other questionable aspects outlined in Bill C-21, the lack of a grandfathering clause would be punitive toward law-abiding folks who have done their due diligence in their licence acquisition to bear arms.

This would only punish the wrong people and enable the criminals who illegally procure firearms in the first place. Where is the government's dedication to offenders' rehabilitation, support for victims and survivors, and conviction to take corrective actions to guarantee the integrity of our judicial system?

Conservatives believe that minimum sentencing should be sustained for heinous crimes, including crimes involving firearms, not only through the enactment of maximum penalties of 10 to 14 years in a correctional facility, but also by shunning the proposal of conditional sentencing, such as house arrest, for offenders. Moreover, Bill C-21 would establish no systems to deliver support or resources to survivors or potential victims of gun violence.

This is not a right-to-bear-arms speech. We Conservatives simply advocate for putting Canadians first and enforcing pragmatic, common-sense solutions to get guns off our streets and limit gun violence in Canada, while protecting the safety and security of our communities.

I now welcome questions or comments from my colleagues.

Criminal CodeGovernment Orders

June 20th, 2022 / noon


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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Madam Speaker, I will be sharing my time with the member for Yellowhead.

This is a real opportunity to speak against Bill C-21. The premise of my whole talk today will be that Bill C-21 would actually make Canadians less safe, as it spends sparse resources in ways that are ineffective and targets law-abiding firearms owners instead of the real problem, which is gangs and guns in our inner cities.

In 2018, Public Safety Canada put forward a paper, “Reducing Violent Crime: A Dialogue on Handguns and Assault Weapons - Engagement Paper”. It starts off by explaining what I am trying to explain today:

The vast majority of owners of handguns and of other firearms in Canada lawfully abide by requirements, and most gun crimes are not committed with legally-owned firearms.

It goes on:

Recent estimates indicate that there are about 900,000 handguns registered to individuals in Canada. In most cases, individuals own handguns either in the context of sport shooting activities or because those handguns form a part of a collection.

Later it states:

Any ban of handguns or assault weapons would primarily affect legal firearms owners....

It is not just Conservatives who are saying this; the former public safety minister himself actually said that he knows that handgun bans would not work. In a 2019 interview with The Globe and Mail, he said that months of consultation have led him to the conclusion that banning handguns would be costly and ineffective. Again, that is from the Liberal former public safety minister across the way:

I believe that would be potentially a very expensive proposition but just as importantly, it would not in my opinion be perhaps the most effective measure in restricting the access that criminals would have to such weapons, because we'd still have a problem with them being smuggled across the border.

I could not agree more. That is why I find it strange that the government has not imposed a handgun ban previously and has admitted that it is going to be ineffective and very expensive. Again, the premise is very expensive, and I do not even necessarily want to speak to that, because how can we quantify the life of one of our children? We cannot. They are priceless. Instead, let us actually deal with the problem in a way that would actually save lives on our streets instead of prolonging the problem.

This is a quote from a police officer. Staff Superintendent Sean McKenna of Peel Regional Police recently tweeted:

Another illegally owned firearm seized by Peel Police. This is becoming a far too common occurrence in our community. A municipal, provincial or federal ban on firearms will not stop criminals from carrying them. Root cause issues need to be addressed.

Exactly. Here is somebody who sees the problems on the streets daily and knows where the real problem lies.

Another police officer, Ron Chhinzer, tweeted, “In my time in the integrated gun and gang task force, I don't recall ever seizing a legally owned firearm from any of the investigations that I was involved in.

“The law-abiding population should never suffer or pay because of the unlawful criminal.”

Again, here is someone who is actually on the streets, seeing this first-hand. What I am going to talk about later is how we should give those police officers better resources to deal with the root problems, like recidivism. Criminals get to walk free and commit crimes all over again. We are also not dealing with some of the root causes that cause violence in the first place.

Here is another quote from another police officer, Steve Ryan, who tweeted, “I investigated 150 homicides—never seized one legally owned gun as a murder weapon. In my opinion, it makes more sense to ban legally owned kitchen knives and scissors! Those I have seized as murder weapons. Banning legally owned guns won't decrease violence. Root cause will!”

There is a consistent message coming from our police officers today: The focus should be on the problem instead of on the diversion, the law-abiding firearms community.

Chris Lewis, a former OPP commissioner who works for CTV, is a crime specialist who has been a very vocal opponent of wasting resources on gun bans. Here is a quote from Mr. Lewis: “They aren’t legally owned handguns, nor are they shotguns and hunting rifles. Taking more guns from lawful owners and putting a toothless municipal handgun ban in place will do the square root of sweet”...nothing, I will say, because he uses another word, “to impact violent crime.”

There it is. Even the former commissioner is saying the same thing.

I will go on. I have a few more quotes, and then we will get into more discussion. I am sure there will be questions.

The deputy chief of the Toronto Police Service, Myron Demkiw, stated, “The City of Toronto's experience is that guns are not from law-abiding citizens that are being used in crime. They're guns being smuggled from the United States. Those engaged in handling those firearms are not law-abiding, licensed gun owners; they are criminals with no firearms licence.”

I am a firearms owner. I have my RPAL. I know that it is a very rigorous process to purchase a firearm in Canada, whether it is a non-restricted firearm or restricted. It is very difficult. There is training that is involved and there is a vetting process that is involved, and every day they look at our records to make sure that we can still legally and safely own our firearms.

I will go on to a quote from somebody who is very important. This was part of the recent public safety study. It is from Marcell Wilson. He is the founder and president of the One By One Movement, an organization founded by former gang members, extremists and organized crime members to help identify, address and research strategies on effective social programming for youth outreach.

He explained:

...when speaking on gun control, when we hear the phrase, it should always be synonymous with illegal gun crime and illegal gun trafficking as over 80% of the gun violence we [witness is] committed with illegal firearms smuggled in from the USA.

It has not just been me. I always like to quote other individuals with expertise a lot of better than my own, such as actual police officers on the streets. This is from Marcell Wilson, former gang member, who is really trying to fix the root problem of the issue of kids dying on our streets as the result of illegal firearms.

I think that as Conservatives, this is where we take quite a different position from the Liberals across the way. We Conservatives actually support dealing with the real problem. We saw a Liberal long-gun registry that cost $2 billion the last time. We have another bill, Bill C-21, that is part of resurrecting another long-gun registry and a confiscation regime too. It is going to be in the billions.

My argument is always to just take even a fraction of that money and put it into places where it is going to be effective, such as giving border agents better resources to inspect containers as they cross the border. I do not even want to say the percentage of the containers that are actually inspected, but how about we triple that, or even increase it times 10 to an exponential number of inspections to actually deal with these firearms and stop them right at the border? How about we give inner city police the tools to crack down on illegal firearms and gang activity? How about we give resources to help these police officers deal with these young gang members and try to get them out of those gangs and into productive lives?

We support stopping the revolving door. We even saw recently, with Bill C-5, that the Liberals want to let people who are convicted of firearm crimes out the door sooner than they should be, just to recommit those crimes. Why do we not deal with all of those situations? That will actually cause a real effect, a real, positive change in safety in our inner cities and on our streets.

At the end of the day, I started off by saying that the bill actually makes our country less safe. What the Prime Minister is touting is a bait and switch. Just because he is talking about guns and getting rid of them does not mean he is talking about the right guns to get rid of. He needs to get rid of the illegal firearms on our streets. Once he starts tackling that and stops misleading Canadians about what really will make a change, my hope is that he will finally realize what that is, but I think he uses this issue to divide Canadians. I would rather see us tackle the real problem with illegal firearms on our streets.

Andréanne Larouche Bloc Shefford, QC

I put my question to Ms. Brady. I believe she is the one who raised this issue.

Otherwise, Ms. Moran could also answer a question about human trafficking.

I talked about numbers earlier. In fact, I had the opportunity to replace someone on the Standing Committee on Public Safety and National Security. We saw, once again, that women were much more affected in certain interventions. In Bill C-5, I spoke this week on the impact of mandatory minimum sentences on the overrepresentation of women in prison.

Ms. Brady and Ms. Moran, I'd like to hear your thoughts on this sense of safety and confidence. Can you tell me what more could be done to increase that?

Judges ActGovernment Orders

June 16th, 2022 / 5:30 p.m.


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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, to clarify for my colleague from the NDP regarding this piece of legislation, I agree. Looking at the proposal and the draft, this could strengthen it and ensure there is a full process for every complaint that goes through to a review of judicial misconduct. The bill would improve and modernize that.

What I was alluding to in my speech was an opposition to Bill C-5 and the elimination of mandatory minimums. Again, one can support and respect the independence and quality of our judges in this country while still believing there could be a minimum floor.

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June 16th, 2022 / 5:25 p.m.


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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, I was not suggesting that people would get off scot-free. What I am saying is that Conservatives believe that, for the serious cases I listed, with the removal of mandatory minimums in Bill C-5, there should be a floor, a benchmark or a minimum punishment for some of the most severe and serious crimes being committed to go after the people who are going after our most vulnerable.

Again, I alluded to this in my comments. These are highly educated judges, and I have respect for our judiciary. I also have respect for victims. I believe when somebody is committing robbery with a firearm or extortion with a firearm, or they are producing heroin, cocaine, fentanyl or crystal meth, there should be a benchmark and a minimum. They would have the discretion to go higher, but there would at least be a floor. It is standing up for victims and their rights.

I will not apologize for that, and I reject the premiss that to support mandatory minimums in these serious cases is somehow saying we do not trust our judiciary. I trust the need to stand up for victims and for there to be proper consequences for those who harm them.

Judges ActGovernment Orders

June 16th, 2022 / 5:25 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, the member made reference to other legislation, Bill C-5, which is on minimum sentences, and he is very offended by the fact that that legislation was brought forward. Getting rid of minimum sentences does not mean someone who commits an act would get off scot-free. What it does mean is we would be providing more opportunity for judges to use their discretion. Judges, in vast majority, are very well educated and have a very good understanding of the system. They can take a look at the circumstances and are in a better position to be able to give a disposition. I would not want him to give a false impression that, because we are getting rid of minimum sentences, people would get off scot-free. That is just not accurate.

My final thought is regarding the calling of the legislation. Surely to goodness the member would realize that, even though it was introduced and had first reading in December, there are many other legislative agendas. The Conservative Party never approached the government to call for Bill C-9 either. It is here today because the Bill C-14 debate collapsed last night. Bill C-14 was another piece of legislation that was extended because of the Conservative filibuster.

Judges ActGovernment Orders

June 16th, 2022 / 5:15 p.m.


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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, as always in the House, it is a pleasure to rise to speak and raise the voice and the message from my constituents in the eastern interior riding of Stormont—Dundas—South Glengarry. I will be splitting my time here this afternoon with our opposition House leader, the member for Barrie—Innisfil.

I want to start my intervention and notes on Bill C-9 today with a bit of a personal parliamentary perspective.

We are hearing a lot of criticism here today on this bill. I will say at the forefront that I agree with this specific piece of legislation on the need to modernize our judicial system and to improve confidence in it in a timely fashion. We will hear from our Conservative colleagues some reasonable questions, comments and perhaps amendments to strengthen it. At the end of the day, when we talk about a general intent and the high level of opportunities for us to build strength and confidence in our judges and a process for removal if necessary, we would be deeming that appropriate.

As a bit of context on this piece of legislation, it was tabled six months ago, and this is the first opportunity to discuss it. It is not as if it had been debated for weeks and months on end here in the House of Commons. This is the first time we have had a few hours to discuss it. In my limited time here of two and a half years as a member of Parliament, I have seen that we have to learn how we can most effectively find ways to get our voices onto the floor of the House of Commons on issues that are important to our constituents.

I will take some time and note a bit of the background on the bill, but I will talk as well in general about some of my concerns and frustrations with the government's direction or tone or intention or narrative when it comes to building confidence in our Canadian judiciary.

The bill before us would update a piece of legislation. When I was looking at the background, I had to go online, and it was kind of interesting. The current process for complaints of misconduct against judges was introduced in 1971. Pierre Elliott Trudeau was our prime minister, and the minister of justice and attorney general at that time was future prime minister John Turner. I think we could agree in the year 2022 that there have been amendments over the years but that we are going to need to tweak and change and edit legislation over the course of time.

I will give credit to the member for Saanich—Gulf Islands, who just spoke for a few minutes and gave some very tangible examples of how we need this reform to go. Right now, one of the issues is that if a serious complaint is made through the process of the judicial council and if the misconduct is deemed less serious, the individual member may negotiate a resolution to the process. That lacks accountability and transparency, and I think there is agreement that we need to reform that process.

The proposal in Bill C-9 would change that so that if it is deemed less serious, there still is an opportunity. A member would review it and could either dismiss the complaint if it was wholly without merit or refer it to a three-member review panel. This would provide an opportunity to make sure all reasonable and credible allegations of misconduct, and their severity level, would go through a proper process, which again would give Canadians confidence.

I will also note from my colleague from the Green Party's intervention that there have not been many of these over Canadian history. That speaks to the integrity, the ethics and the strength of the bench in Canada for decades, but I also think we need to update this to make sure that, again, the cases that are deemed “less severe” would still require a review in a public, transparent process in terms of the review panel, the hearings and so forth.

One of the things I want to raise when we talk about building confidence in the judiciary is the government's intention when it comes to mandatory minimum sentencing. One of the pieces of legislation we have debated here is Bill C-5. That can relate to, and the government is proposing to remove, several mandatory minimum penalties. The government is saying that if we oppose the removal of those mandatory minimum penalties, we do not support the Canadian judiciary and the discretion of judges. That is not the case. We believe, as Conservatives, in victims' rights and in supporting those who have gone through trauma or issues and have gone through being a victim of a crime. There deserves to be a minimum punishment.

One of the things we talk about when we talk about removal is that this is not for simple things like simple possession. I want to list the things that we have been standing up for, as I believe confidence can still be maintained in our Canadian judiciary and individual judges.

A number of mandatory minimums are being removed related to gun crimes. Mandatory minimums are gone for robbery with a firearm; extortion with a firearm; weapons trafficking, importing or exporting, knowing it is unauthorized; and discharging a firearm with intent. The mandatory minimum in all of these cases is gone, and the list goes on.

Also, some of the legislation we have been dealing with would eliminate mandatory prison time for drug dealers by eliminating six mandatory minimums in the Controlled Drugs and Substances Act: trafficking or possession for the purpose of trafficking, importing and exporting or possession for the purpose of exporting, and production of a schedule 1 or 2 substance. What does that mean? It means heroin, cocaine, fentanyl, crystal meth. There would be a removal of those mandatory minimums.

This, again, is the first time we have been dealing with the bill in this Parliament, as it was over in the Senate. The government prorogued at one point, and then it called the election, so it has been stalled several times. This is the first time that we have an opportunity.

I have advice to the Bloc and the NDP, which are complaining that I would like to stand up and have a 10-minute intervention on confidence in our Canadian judiciary: It is that I do not believe in the direction the government is going when it comes to eliminating mandatory minimums. We may agree on the need for reform; there is what is in the legislation, but, most importantly, it is what is not in the legislation, and we have an opportunity to stand up here in the House of Commons and raise those concerns.

It also gives me the opportunity to be the voice for my constituents as well when we talk about the process. Bill C-9 is one example, and Bill C-5, which is terribly flawed, in my opinion and in the opinion of our caucus and in the opinion of many members of law enforcement as well. One of the things that we are not seeing, among the easy things to do, is a whole bill dedicated to reforming this. It means that they are not putting in legislation to address some of the other things. We are calling it out when we see it.

A perfect example is the lack of services for those in the Canadian justice system who are dealing with addiction or battling addiction. We are seeing changes in an effort, through legislation, to try to distract us from the lack of investment in mental health and addictions treatment for those who truly need it. We are taking mandatory minimums away from people who are trafficking and preying on some of the most vulnerable in our society, yet we are not providing the resources to get them the help that they truly need.

When we have a bill like this, it is an opportunity to talk about the views from our community on the portfolio of the Attorney General, the Minister of Justice. It is an opportunity to perhaps find agreement on this, yes, but I can also find time to join the floor of the House of Commons and say what is not in forthcoming legislation, what is perhaps not in budget bills to address some of the flawed aspects of the government's intentions.

I will just say this as we wrap up, and I have always said it: Somebody who is battling addiction does not need prison time. That is a universal agreement in our country, of law enforcement, I believe, and of the House. We need to target our resources and our criminal justice system on those who are preying on these people and victimizing them. At the same time, we need not only pieces of legislation like Bill C-9 to increase confidence in our justice system; we need investments that can actually get victims, those who are dealing with addiction, out of our justice system and into proper help to get back into a better trajectory in life and a more positive future for themselves.

I will say in review of this bill that it is time for an update. I look forward to questions and comments and I appreciate the opportunity to speak broadly about confidence in our justice system.

Judges ActGovernment Orders

June 16th, 2022 / 12:45 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I will be splitting my time with the member for Peace River—Westlock.

It is a pleasure to rise to speak to Bill C-9, which is an act that would create a complaint mechanism for judges. We have certainly heard from all sides today that everyone thinks this is a great idea. This is not to say judges do not do a good job, because we know we have great judges in this country who work hard, but as with any career discipline, there is always the odd thing going on that is not good.

I remember when I was the chair of the Standing Committee on the Status of Women we talked about some of the things that were happening. In one sexual assault case, a judge actually asked the complainant, “Why couldn’t you just keep your knees together?” In another sexual assault case, another judge said, “she was drunk” in the taxi.

Rona Ambrose brought forward Bill C-337 to try to get at this issue of judges who do not have experience in sexual assault presiding over those cases. Although that bill unfortunately did not make it through under her private member's bill, the government brought it back, and we passed it earlier in the session. This would offer judges training, and in fact, it would offer lawyers who want to be judges training as well. That is the kind of remedy we want to see.

I was very pleased to hear the member for Mount Royal, who just spoke, talk about what this bill would allow. Other than just the extreme option of getting rid of a judge for whatever behaviour was complained about, there is a whole realm of possibilities, including verbal warnings, letter warnings, public apologies, training and multiple other options. This is something very good about this bill.

I do have a concern about the state of judges in our country since the Liberal government was elected. I started in 2015, and at that time we were missing I think 60 judges who needed to be appointed. Because of that, and because the Jordan decision, there were numerous examples of murderers and rapists who went free because there were not enough judges to handle the workload in a timely fashion.

There was an attempt made to put in a process. The government wanted to increase the diversity of the judges being selected, which is great, because one of the things that will make for a healthier democracy and rule of law is to have diverse thought and diverse representation of the population.

Unfortunately, what happened is the government used the Liberal fundraising database to figure out which judges should be picked from the lawyer pool. There were also fundraisers going on with the minister of justice at the time, which caused a big scandal because lawyers were paying $500 to meet her, and they all wanted to become judges. We know that is certainly not in keeping with conflict of interest rules in the House. The scandal went on for quite a while.

It is important to have diversity of thought with judges so they can check one another. If people are all in a group and they think together, it can be a bad thing. We have seen some of the Supreme Court decisions that came out recently that have caused concern across the country, such as the one that says, if a person is intoxicated, it could be a defence for murder, sexual assault, etc. Canadians in general would reject that and say no. The person is the one who chose to keep drinking or doing drugs until they became that intoxicated, and there needs to be an ownership of the behaviour. Those judges all together did not have enough diversity of thought for somebody to say that decision might not be a good thing.

I would suggest, from a Conservative perspective, that when somebody has killed multiple people, consecutive sentencing gave a lot of comfort to victims. The Supreme Court decision on that is another example. Parliament has a duty to review those decisions and have the discussions about whether that is really where we want to go on those topics. The whole purpose of having judges is that they are the executors of the rule of law in our nation.

I am very concerned that, in the last seven years, we are not seeing more rule of law. We are seeing more people committing crimes. The crime rates are increasing, including gun crime and violent crime. However, when I look at the response from the government, it looks like we are seeing a continual erosion of the rule of law.

The member who spoke previously mentioned that I am the first female engineer in the House, and we have an expression in the engineering world about a frog in a pot. Gradually the temperature in the pot increases until eventually we boil the frog, but the frog is not able to sense that the temperature is going up because it is so incremental. I would argue, with respect to the rule of law in Canada, the temperature is going up.

We had Bill C-75, which reduced the sentencing to fines or less than two years of time in jail for crimes such as abduction of a person under the age of 16, abduction of a person under the age of 14, arson for fraudulent purposes, marriage under 16 and participation in the activity of a terrorist group. There are a number of offences there, and I did not see the justification for that. We have heard from police chiefs that, although in some cases they agreed, in many cases there are serious crimes happening that now have only a slap on the wrist, which is not sending the right message about the rule of law and the importance of it.

In this parliamentary session, we now have Bill C-5 coming forward, which would remove mandatory minimums on robbery with a firearm; extortion with a firearm; discharging a firearm with intent; using a firearm in the commission of offences; trafficking or possession for the purpose of trafficking; importing, exporting, or possession of serious drugs; and production of these serious drugs, which are killing thousands of Canadians. Also, Bill C-5 would allow some of these sentences to be put down to house arrest, including that of sexual assault.

Somebody could victimize someone in their community and then serve the time there. I do not think that is something that we should leave to the discretion of judges, when we have seen in the past a judge ask, “couldn't you just keep your knees together?” There is a naivete if we think we can leave it to chance. Yes, in the majority of cases, judges will judge with wisdom, but it is the every now and again that we want to prevent and what our laws should prevent.

Abduction of a person under 14 could become a house arrest sentence. This is unbelievable. We have a huge human trafficking issue in this country, and this not only sends the wrong message, but it is also not going to fix things because, when people are left with a potential house arrest, those who are committing crimes can commit them out of their house. It is the same thing for someone trafficking drugs who gets house arrest. How convenient is that for people to stop by and pick up drugs?

These things make no sense to me, and so I am very concerned when I look at the erosion of our rule of law. At the same time, there is an erosion of protection for victims. We had Bill C-28 in the previous Parliament on victim surcharge. It used to be that there was some recompense made for victims who had suffered and had to travel distances to go to parole hearings and that kind of thing, but that was taken away.

This is a soft-on-crime government, and while I support Bill C-9 because when judges do not get it right we need to fix that, but I am very concerned that we are having this continual erosion of the rule of law. We have heard many speeches in the House that have said that there is a high rate of reoffending. People are committing crimes, getting out, committing them again and being put back in, and there really is no rehabilitation happening. That is not to say that there should not be, but the situation today is that there is not. If we know that people are going to reoffend and go out on the street, we have to protect the public, and we have a duty to do that.

The mechanism in the bill is to make sure that judges are doing their due diligence. We would have mechanisms, not just an extreme one, but progressions, that would allow us to take corrective action and manage the judicial system to ensure its integrity. This will preserve the rule of law, although the concerns I have expressed do remain.