moved that Bill C-68, an act respecting firearms and other weapons, be read the second time and referred to a committee.
Madam Speaker, may I say that I consider it a privilege to lead off debate at second reading on this important piece of legislation and to urge the House to adopt the legislation in principle before sending it to the standing committee for detailed consideration.
If I may, I would propose to begin my treatment of the legislation today by speaking about matters of principle that motivate the government in preparing and presenting this legislation: objectives, ideals and values.
The government suggests that the object of the regulation of firearms should be the preservation of the safe, civilized and peaceful nature of Canada.
While there are many reasons we respect and admire our neighbours to the south and value our unique relationship with them, there are also aspects of the American way of life that we see as very different from what we want for ourselves. Perhaps chief among them is the way in which firearms are regulated and used.
It is said that there are over 200 million firearms in private ownership in the United States of America, including tens of millions of handguns, with varying levels of regulation, but generally in a context in which the private use of firearms is acknowledged, recognized and even in some places encouraged including for self-protection.
It seems to me and to the government that we do not want that for ourselves. We do not want to live in a country in which people feel they want or need to possess a firearm for protection. That is the first principle we take as a guiding principle for the preparation of legislation in terms of the regulation of firearms.
A second principle is that if we are to retain our safe and peaceful character as a country we should signal in every possible way that we will not tolerate and we will severely punish the use of firearms in the commission of crime. Those who take up a firearm to threaten others, to rob or to assault must know that by choosing to use a firearm they are making an important decision about a large part of the rest of their lives. The punishment must be certain and must be significant.
Those who smuggle guns, those who traffic in illegal firearms, those who profit by putting guns into the hands of criminals must know that the penalties for such misconduct will be swift and will be certain. That is the second principle we take as governing or guiding the preparation of legislation as it relates to firearms.
A third principle is that we must acknowledge and respect the legitimate uses of firearms. We should acknowledge and respect the history and tradition of hunting, not only as a favourite pastime in many parts of Canada but as a very important economic activity contributing directly to the prosperity of a number of regions throughout Canada. We must acknowledge and respect the use of firearms for ranching or hunting purposes where firearms are a tool, an implement used by the proprietor of business to get by. We must allow for that. We must not interfere with that unduly.
May I say as well that we must acknowledge that some people enjoy collecting firearms. Some people enjoy the shooting sports. Indeed, Canada has achieved distinction internationally through the skill of those athletes who train and excel at sport shooting. We must acknowledge and respect that interest and that skill. But those legitimate interests, while they are acknowledged and respected, must be carried on in a context that is consistent with public safety.
Consequently, Canadians firmly intend to safeguard and to reinforce the exceptional civility which has always been theirs. The legislative and political program entitled "Safe Home Safe Street" is testimony of this government's commitment.
These are the elements of the legislation that we bring forward today as Bill C-68: First, tough measures to deal with the criminal misuse of firearms; second, specific penalties to punish those who would smuggle illegal firearms; and third, measures overall to provide a context in which the legitimate use of firearms can be carried on in a manner consistent with public safety. In all of that, the universal registration of firearms is a fundamental strategy, a fundamental support system to allow us to achieve the objectives I have described.
I know that for many members and for many Canadians the prospect of universal registration is the aspect of this legislation which is the most controversial. In the months I have spent travelling the country and speaking with those who own, use and enjoy firearms lawfully, I have been told by many that they see registration as a point on which they are going to differ with this government.
May I deal directly with the issue of registration and how it is going to enable us to achieve the objectives of a safe and peaceful society, a more effective response to the criminal misuse of firearms and enhanced public safety.
I will begin with the proposition that we live in a society in which all manner of property is licensed, registered or regulated in some way. All manner of activities are regulated either by legislation or administrative action to achieve a level of orderliness which is desirable in a civilized society. In that context, where cars, pets, and property of all description are registered or recorded for purposes of tracing ownership or reflecting transfers, surely the prospect of registering firearms is rationally justified by a society that wants to achieve a level of order.
What is the connection between registration on the one hand and the efforts of police to fight crime on the other, or trying to achieve a safer society? From my inquiries, from everything I have read and all the discussions I have had, both with law enforcement officers and with members of the firearms community themselves, it seems to me that criminals derive their firearms from the underground market. They do not register their firearms. They do not buy them at a local dealership, fill out the forms, apply for the firearms acquisition certificate, take the courses or pay the fees. Criminals acquire their firearms in the underground market illegally.
Those who engage in street crime tap into a market that is fed from one of two sources: guns that are smuggled into Canada and therefore are here illegally, or guns that are stolen from lawful owners and then traded in the underground.
Suppose you are inclined to use a gun in a holdup or an assault. You can go to one of Canada's major cities and, out of the trunk of a car, behind an after hours club, or on the second floor of a certain downtown hotel, or at a suburban house, if you know someone who knows someone, you can by one of these guns illegally and put it to a criminal use.
Surely we must choke off the sources of supply for that underground market. Surely we must reduce the number of firearms smuggled into the country. Surely we must cut down on the number of firearms stolen and traded in the underground. How do we achieve that? Through registration.
The registration of all firearms will enable us to do a better job at the borders. We will never stop the smuggling of firearms entirely. There are 130 million border crossings a year. We cannot stop every vehicle and check every trunk and glove compartment. But we can do a better job than we have done in the past and registration will enable us to do it.
Last year approximately 375,000 firearms came into Canada. Almost all guns sold here are imported. We do not know where they are or how they got here. There is no control once they arrive. We know that guns leak from shipments that come in lawfully. Just last week in Toronto there was an arrest of someone who had been illegally selling guns that were legally imported.
Registration will enable us to record what arrives and track it to the point of sale into the hands of a lawful owner. Registration will enable us to stop the kind of leakage that now occurs, to reduce the incidence of people illegally selling that which is legally imported.
Along with other measures that the government proposes in relation to border controls, including enhanced inspection and enforcement, registration will enable us to address one of the two principal sources of guns for the criminal market in the underground.
As to the second source of guns, those stolen from lawful owners, last year approximately 3,800 firearms were lost or stolen by those who lawfully own them in Canada. In the years since 1974 a cumulative total of 65,000 firearms have been stolen or lost and not recovered.
What does this have to do with registration? The police contend, and I accept it as a matter of logic, that registration which obligates each of us to record the fact of our ownership of firearms will imbue the owners with a heightened sense of responsibility to comply with laws already on the books mandating safe storage. These might involve locking the triggers, keeping the ammunition separate, or keeping the firearms themselves in a locked case.
With compliance with those safe storage requirements the incidence of firearms being stolen, of someone breaking and entering into a person's house and finding a shotgun leaning against the closet wall or a handgun in the bedside table will diminish. A second important source for criminals and guns will be addressed.
There is more. Registration will reduce crime and better equip the police to deal with crime in Canadian society by providing them with information they often need to do their job. Let me provide a practical example for my colleagues in the House.
Two weeks ago in Victoria when I met with provincial and territorial ministers of justice, we talked about a number of amendments to the Criminal Code that might make it more effective. One of them had to do with criminal harassment or so-called stalking.
It was suggested an improvement might be to add to the panoply of penalties the court can impose when convicting a person of criminal harassment, an order prohibiting them from possessing firearms because we would be dealing now with someone who had been convicted of a crime which too often leads to violence.
That suggestion was made in the context of ministers, not all of whom agreed with universal registration. But when the question was asked: Assuming that we have an order against someone made by the court forbidding them from possessing firearms because they have been convicted of criminal harassment, how will we enforce that order? How will we know that all of the person's firearms have been surrendered? How will the police know what firearms to look for when they arrive to enforce the order?
Mandatory registration will provide a basis upon which the police can enforce that kind of order, which is commonly made in the courts when people have been convicted of such offences.
I have said in the House in the past and rely heavily upon the fact that preponderantly the police are in favour of universal registration. We can quibble about individual officers. I know it is not unanimous. However, the chiefs have been vigorously pressing for this legislation for many years.
The Canadian Police Association, through its executive, is supportive of these measures. Police forces and boards across the country are encouraging us to proceed with this legislation. I know there are police officers who see it differently, but preponderantly the police forces are in favour of these measures.
Victims groups, including CAVEAT, urge us to have universal registration. Priscilla de Villiers, the president of CAVEAT, lost a daughter in a dreadful tragedy. She was murdered by a man in respect of whom the police had investigations concerning firearms.
In the Jonathon Yeo case there was an inquest into Nina de Villiers' death. After spending months looking at the facts of that case, the jury at that inquest recommended universal registration of all firearms. Priscilla de Villiers has spoken out strongly in favour of that measure, explaining her conviction that it will help the police to deal with crime.
The point is broader still. Registration will assist us to deal with the scourge of domestic violence. Statistics demonstrate that every six days a woman is shot to death in Canada, almost always in her home, almost always by someone she knows, almost always with a legally owned rifle or shotgun. This is not a street criminal with a smuggled handgun at the corner store. This is an acquaintance, a spouse or a friend in the home.
What does this have to do with registration? Domestic violence by its very nature is episodic and incremental. Typically, somewhere along the line the court has made an order barring the aggressor from possessing firearms. When the police try to enforce that order, just as in the case of stalking, they do not know whether they have been successful or not. They do not know what firearms are there.
When firearms are registered, if it is necessary for a person to register and show proof of registration to buy ammunition, as it will be, the police will know what firearms are there. The police will be able to enforce those orders and lives will be saved.
Suicides and accidents provide another example. Last year, of the 1,400 people who died by firearms in Canada, 1,100 were suicides. I know there are those who say that suicide by its
nature will result in death no matter what controls are in place if the person is determined to take his or her life. No doubt that point has some force. However, too many of those suicides were by young people acting in a moment of anguish, acting impulsively because of a failed relationship, difficulty in the home, or problems at school.
If a firearm is not readily available, lives can be saved. If registration, as the police believe, will encourage owners to store firearms safely so those impulsive acts are less likely, the result may be different.
In the years since 1970, some 470 children have died in Canada as a result of accidents with firearms. If we can achieve safer storage through registration, if registration will provide us with a tool by which we can identify firearms owners, educate them about their obligations for safe storage and encourage them to comply, children's lives could be saved. Against this background what are the objections to registration? It is said that it will be unduly costly, both to the government and to the firearms' owners. Let us examine that contention, first, with respect to the government.
We have provided our estimate of the cost of implementing universal registration over the next five years. We say that it will cost $85 million. We have also said that we will put before the parliamentary committee, on which all parties sit, details of those calculations showing our assumptions and how we arrived at those figures. We encourage the members opposite to examine our estimates. We are confident we will demonstrate that the figures are realistic and accurate.
In so far as the cost to firearms' owners is concerned, the system of registration that we envisage if this legislation is enacted would commence next year with the registration of owners. Those who own firearms would be asked within five years to pick up a card, conveniently available in their communities, to identify themselves by name and address and to return it. They would then be sent a permit or a licence to own a firearm. In the first year of the five-year implementation period we expect that the cost to the firearms owner would be zero. If it is not zero, it would be a nominal amount in the range of $10.
The second phase of registration, the registration of the firearms themselves, would commence two years later in January 1998. Again firearms owners would be asked to fill out a card, which they would pick up in their communities, identify their firearms by make, model and serial number, to return it and we will send them a registration certificate for their firearms. Once again, this would be phased in over five years from 1998. Once again, in the first year of implementation, the cost would be zero, or if not zero a nominal amount in the range of $10 to register up to 10 firearms.
If we contrast the relative convenience of such a system-all we are asking of firearms owners is to fill out two cards and mail them in-with the advantages that responsible people say we will achieve through such a system, it seems that on any cost-benefit analysis registration is justified.
It is said that such a system will be complex and bureaucratic. Surely it is evident from the description which I have given that it will be just the opposite. We can take the opportunity of designing and implementing such a system in collaboration with provincial authorities, with the input of the firearms groups to eliminate irritants, to overcome paperwork burden, to simplify and streamline the system so that all of our objectives can be achieved at the same time.
It is crucially important, in my judgment, that as we debate this question of registration, in respect of which there are strongly held views on both sides, that we do so on the real facts. Let us confine ourselves to the reality of the situation. Let us not hear that the registration system will cost $100 per firearm. Let us not hear that it is a prelude to the confiscation by the government of hunting rifles and shotguns. Let us not contend that it will cost $1.5 billion to put in place.
That is the way to distort the discussion. That is the way to frighten people. Surely this debate must be carried out on the real facts. When the real facts are addressed it seems clear that the objectives of which I spoke at the outset can be achieved while respecting the legitimate uses of firearms. This can surely be done without imposing unduly on firearms owners through the introduction of universal registration for the reasons I have described.
So far as crime is concerned, the House will know from statements made earlier that the legislation contemplates a toughening of the penalties of the criminal misuse of firearms. It contemplates a change in the structure of the code to overcome the plea bargaining of charges relating to the use of firearms so that the penalties will be woven directly into the sections which provide for the offences themselves.
I have discussed with my provincial and territorial counterparts their collaboration in an effort to ensure that the laws we write in the Criminal Code will be enforced as such in the courts and that the attorneys general of the provinces will instruct crown attorneys, in any case in which the facts justify them, to seek the penalties that are included in this legislation as deterrents to the criminal misuse of firearms.
In the course of the work that I did in response to the Prime Minister's request that I prepare this legislation, I met with over 150 national and regional organizations of firearms owners and users. I met with hunters, farmers, target shooters, collectors, skeet shooters and athletes who achieved distinction for Canada in the Commonwealth and Olympic Games. I met with the
Shooting Federation of Canada. I met with all manner of local hunting and outdoors and wilderness clubs.
I want the House to know that I listened and I learned from that process. Elements of this package were changed substantially, moulded specifically, on what I heard from firearms owners.
For one thing, the House will see in Bill C-68 that we not only intend changes to the Criminal Code to toughen the sanctions but we also contemplate a separate statute called the Firearms Act to deal with the regulatory aspects in relation to firearms acquisition, use and ownership.
This is intended to meet the longstanding complaint from firearms owners that they were offended by having to consult the Criminal Code to determine the manner in which their private ownership of firearms was to be regulated.
I was asked why it was necessary to combine the regulation of private ownership of firearms with the criminal law. I responded by removing those elements from the code and embodying them in a separate statute called the Firearms Act.
There were also suggestions early on calling for the central storage of firearms or urban gun free zones. From my consultation with the firearms community I learned that such proposals were impractical and they were not pursued.
At the outset the government was urged to ban all handguns. We were told that three-quarters of Canadians, and indeed the majority of firearms owners, believed that all handguns in private ownership should be banned. We did not do that.
In the course of my meetings with the firearms groups, I was very much impressed with the ardour with which many Canadians approach the target shooting sports. They are highly skilled people, very law-abiding, conscientious in their pastimes and their hobbies. These Canadians want to continue in those sports.
Therefore this legislation acknowledges and allows those sports to continue. What we have done is remove from circulation over time, and to ban immediately after the enactment of the legislation, the importation and sale of those handguns inappropriate for target or sport shooting, the so-called Saturday night specials. These handguns are by their design and characteristics suitable for concealment, inexpensive to buy, easy to trade in the underground and not appropriate for target shooting because of their lack of accuracy.
We have also made it clear that for those who own handguns in the banned or prohibited categories, such owners will be able to use them in accordance with the requalification requirements in the statute and trade them to and from others in the same class. Consequently complaints that we were affecting the property value of owners' investments have been addressed.
May I also emphasize that as this bill goes to committee following second reading debate, it will go with my request that the committee look at specific changes in the law. First of all, to ensure that we are accommodating all of those sporting competitions with handguns, we have already made it clear that the .22-.32 calibre Walther used by Linda Thom at the 1984 Olympics will not be covered by the ban. We want the committee to take the advice of the International Shooting Union to determine whether there are other handguns that should be exempted so that legitimate sporting activities will not be threatened.
Second, I will ask the committee to examine the question whether there are black powder shooting events that might be affected by this legislation. It is not our intention in any way to limit historical re-enactments with the use of reproductions. We do not believe we have done that but we will ask the committee to look specifically at that question and to let us know whether additional technical amendments are required to make the meaning clear.
Third, we will ask the committee to look at the question of relics and heirlooms, recognizing that there are families and individuals who want to pass on to the next generation firearms that they have acquired and that have a specific sentimental or historical value to the family. That should be respected. We will ask the committee to fashion a way to allow it to happen consistently with the imperatives of public safety.
May I also observe that the introduction of universal registration will allow a rational way to control access to ammunition so that those who wish to buy ammunition will have to establish that they are properly registered to have and use a firearm.
Last, may I refer to the aboriginal communities who during the period of consultation were insistent that we respect, first, their treaty rights and second, their traditional and community way of life.
The firearms legislation will apply to aboriginal communities in exactly the same way as it applies to everyone else. The principles are identical. However, we have undertaken to respect treaty rights. We believe that this legislation is consistent with treaty rights because it is no more than the regulation by the federal government of hunting and other activities.