Mr. Speaker, we sat here until eleven o'clock last night and voted on the final amendments to Bill C-68. In less than 24 hours we are into our final debate, third reading of the bill. It did not really give us much time to assess the consequences of the amendments which are now part of the bill. It reminds me a little of what happened in the clause by clause amendments that were hurried upon us with such short notice after the final witnesses before the committee had concluded.
I begin my address by telling the House and the justice minister of a firearms court case that was heard in Alberta. The judge was a man by the name of Judge Demetrick. In his decision he said that the definition of a firearm as contained presently in the Criminal Code was so convoluted as to be legal fiction and twice removed from reality. When I read that I was absolutely amazed that the Parliament of Canada was producing legislation that our courts are now declaring to be twice removed from reality. I am satisfied that we cannot have legislation that is twice removed from reality unless we have thinking behind the legislation that is twice removed from reality as well.
The present gun control bill is really not a gun control bill at all. It is not going to control guns; it is simply going to register them. When I looked at the bill I realized that it was not an aberration from the good sound thinking that has run the country for the last 25 years. It is not unlike Judge Demetrick pointed out. What has been guiding the country for the last 25 years? When we examine the debt, the Young Offenders Act, the parole system or the judicial system, and some of the disparities in those systems we wonder whether or not the thinking behind them is twice removed from reality.
How can we be in a situation where we are $600 billion in debt if the thinking behind our fiscal and monetary policy is not twice removed from reality? How can we have a Young Offenders Act when the justice system cannot deal with young offenders under the age of 12 for their criminal misconduct? How can we have
that unless the thinking of the creators of the legislation is completely removed from reality and the people it will impact?
Let us look at the parole system, the latest victim of which is Melanie Carpenter. The prime suspect in her murder, Mr. Auger, was paroled, was released, by way of statutory requirement after serving only two-thirds of his sentence, even though the officials felt that it would be a danger to release the individual into society. We have to ask what kind of thinking has produced that kind of legislation. Judge Demetrick told me a bit about that kind of thinking when he suggested that it was twice removed from reality.
This bill is not an aberration from the reasoning that has guided Parliament over the last 20 or 25 years. It is simply a continuation of thinking that is far removed from the impact it will have on the people. I often think the justice minister and his officials do not know what they are doing.
It is an attempt by the government to create the impression it is getting tough on crime and criminals. Yet when the justice minister had an opportunity to vote either for a safer society or against first degree murderers when a private member's bill came up to eliminate section 745 from the Criminal Code, everyone knows he voted in favour of the first degree murderer and against a safer society, in favour of the first degree murderer and against the Melanie Carpenters of this country. We should study carefully the motivation behind this legislation.
We have heard the minister speak today of things such as trafficking in fiction. I have the talking points sent from the Prime Minister's office to members of the Liberal Party on Bill C-68. The first item reads: "The government has reached an agreement with the official opposition to allocate time for debate on Bill C-68, gun control, and Bill C-41, sentencing". Is that not nice? They got together and decided to terminate any lengthy debate that would give an opportunity to all members to express the concerns of their constituents on these two very contentious bills.
The second item says: "Any reasonable person would have to agree that there has been extensive consultation and debate on this legislation". Let us examine this whole business of consultation for a moment and see who is trafficking in fiction.
In response to questions in the House the justice minister stated that he had been in continuous consultation with the attorneys general of the provinces. That has been directly refuted by the testimony of the attorneys general who appeared before the standing committee. In particular, I refer to the Attorney General of Manitoba. When we asked her, she commented that there was extremely little consultation with the justice minister and officials on the gun control legislation.
We heard from the Attorney General of Alberta. The Attorney General of Saskatchewan led a delegation made up of the Liberal leader, Lynda Haverstock, as well as the Conservative leader. They also refuted the whole concept of consultation. The Attorney General of Alberta indicated exactly the same thing.
We heard from the justice ministers of the Northwest Territories and Yukon. They refuted the whole idea that they were involved in any significant way in consultation with the justice minister in the development and creation of this legislation.
People like the president of the Olympic handgun competitors claimed there was no consultation whatsoever. This statement is supported by the fact that when the justice minister brought in his proposals before Christmas of last year he had such little knowledge of handguns that he was banning those used in world cup competitions. When we asked him if he would consider exempting the .32 calibre handgun, which is one of the handguns used in world cup competition, the record tells how much consultation really went on between himself and those groups of people.
He stated he would certainly not consider exempting the .32 calibre. Why? The barrel length was under 105 millimetres and those short barrel firearms are inaccurate and are made only for killing. That is basically the reason to justify the banning of 58 per cent of the legally held and purchased handguns.
When we talk about trafficking in fiction, who is trafficking in fiction? I ask the justice minister who really is trafficking in fiction? To carry on with this whole idea that the justice minister has consulted broadly, widely and in depth with people, groups and organizations involved with firearms is a little ridiculous. These consultations did not take place with the justice ministers of the territories or at least with the attorneys general of the provinces.
Several groups of native peoples also appeared before the committee. The James Bay Cree were represented. Representatives from the Yukon Indians appeared before the committee. Ovide Mercredi and a delegation from the Assembly of First Nations appeared. A group represented by Mr. Borin appeared. They all deny that there was any in depth consultation.
I have a copy of a letter which was tabled with the committee from Mr. Ovide Mercredi to the justice minister dated February 17. I will just quote from this. It states:
Once again your government has acted in a manner that shows a complete disregard for the rights and interests of the people I represent. Your introduction of the gun control legislation without prior consultation with First Nations is a violation of your responsibility as Minister of Justice to uphold the fiduciary trust obligations of your government for all First Nations.
In imposing your plan for firearms registration and regulation, you are breaching our treaties with the crown. You promised a consultation process with First Nations in our meeting on November 14, 1994. Where is that consultation process?
He ends by saying:
For God's sake, respect our rights.
That is what the Grand Chief of the Assembly of First Nations wrote the minister.
During the committee meetings I asked if there had been consultations in the prescribed manner according to what amounts to the appendages to the Constitution with regard to the agreement that was made with the James Bay Cree. It was called the James Bay Cree and Northern Quebec Agreement. I also asked if there were consultations with the Yukon Indians who recently signed an agreement for self-government. The ink is hardly dry on that agreement. The officials of the department assured me and the committee that consultations had taken place in accordance with the constitutional requirement.
When I asked Mr. Mosley, the assistant deputy minister, to table with the committee evidence of such consultations, he agreed to do so but did not. When he next appeared before the committee I asked him about the agreement and the undertaking he had accepted to table documents from the department that would substantiate the claim that substantial consultations, in the prescribed manner, had been undertaken with the James Bay and Yukon Indians, he said that the minister would be tabling those documents when he appeared on the last day that witnesses were to appear before the committee on May 19.
When the justice minister appeared he tabled a half inch stack of documents. That did not give us a chance to examine them so we could prepare questions for the justice minister.
When I did have a chance to examine the documents they did not show evidence of consultation at all. It was evidence, at best, of letters of notification to the 630 bands that these proposals had been presented before Christmas. There was no evidence of consultation.
When the justice minister talks about broad consultations throughout the country with the various groups of people and organizations on which the legislation will impact, I ask, who is trafficking in fiction? There is no doubt in my mind who is trafficking in fiction. It is certainly no one from this caucus when it comes to these kinds of issues.
How in the world was it possible for the justice minister to overlook the requirement to consult with the aboriginal peoples of the country? How could he do that? He understands the law as well as any of us. As stated in the letter by Mr. Mercredi to him, he understands the constitutional requirements to abide by the consultative requirement when legislation is going to impact on the treaties or constitutional rights of aboriginal people or any other Canadian.
I am satisfied that the reason the justice minister and his officials did not first consult with the aboriginal people is because the aboriginal people would have told him exactly what they told the committee with regard to the gun control bill. They would reject the vast majority of it, particularly the licensing and the registration requirements.
Had he gone to them first they would have set the standard for all Canadians. That would not go far enough for the minister because he wanted to impose the restrictions and licensing requirements on law-abiding gun owners. He knew if he went to the aboriginal people first, as he ought to have done, he could not have refuted them and come forward with the kind of legislation he has brought forward today.
Had he gone to the aboriginal people first, they would have set the standard, the benchmark for all Canadians with regard to the manner in which their rights would be interfered with by legislation. He did not want to do that because he knew the aboriginal people would not accept it, as Ovide Mercredi said in his letter.
I refer again to his letter where he said when talking about his own people: "I know that they will not comply with any legislation that violates their treaty and aboriginal rights and I will encourage this non-compliance". That is the Grand Chief of the Assembly of First Nations telling the justice minister that they will not comply with these kinds of regulations.
The justice minister of the Northwest Territories told us as well that many gun owners in the Northwest Territories today are not complying with the firearms acquisition certificate requirements. He and his delegation explained in very straightforward and understandable terms why they are not. It is so impractical for them. He talked about isolated communities where there is no facility to obtain the passport photograph required to obtain an FAC.
Therefore, the present laws are not being abided by in those isolated communities. We heard the Grand Chief of the First Nations say that he will encourage his people not to comply.
There was no in depth consultation before this bill was tabled, because he would have heard the same thing. He did not want to deal with them before the fact; he wanted to deal with them after the fact. How is he going to do it?
Last night the justice minister put forward an amendment in Motion No. 5. That amendment states: "For greater certainty, nothing in this act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982".
What does that mean? It means that through section 110(t) he is going to be able to go back to the aboriginal people by way of regulations and orders in council and provide whatever exemption he wishes to provide. It is going to result in not all Canadians standing equal before this law. I heard the official opposition leader address this as well. It appears that we may have a two-tier system where there is one set of laws for the aboriginal people and a different set for the non-aboriginal people.
I submit that had he gone forward and obtained the consultation and the input from the aboriginal people first, then based upon those considerations we would all be happy and we could all support that legislation. But it would not have gone far enough for the minister, because he does want to register, he does want to license, he does want to impose those restrictions and those interventions upon the people of Canada.
He has put the cart before the horse and he is trying to finesse this whole thing by going back and saying that through the power of the regulations he has in this act he will be able to consult with aboriginal peoples and address their concerns on their treaty rights and their constitutional rights when it comes to hunting, trapping, and food gathering.
What is emerging here-and I hope I am wrong-is evidence that we are moving toward a two-tier system as far as gun legislation is concerned in this country. I regret that very much. If the minister had consulted with the aboriginal peoples in depth according to what I believe are their constitutional rights, this would not have happened. Now we are going to find ourselves perhaps in a situation where there are going to be constitutional challenges on the basis of discrimination. That is unfortunate. It ought not to be.
My own personal point of view is that in this case the aboriginal people are on the right track when it comes to the control of firearms. They are on the right track. The standard they are saying they want for the use, ownership, and the giving and lending of their firearms ought to be applicable for all Canadians. If that were the case a vast majority of Canadians would agree with it and support it. We should have started with the aboriginal people, used their needs and their requirements as the benchmark for all of our legislation in this bill. I submit that respectfully.
I want to touch on a couple of other points. I want to deal with this whole area of smuggling. I sat in the justice committee when the Canadian Police Association delegates were there. I listened to them carefully. They had basic support for a majority of the contents of the bill, but I remember very clearly what the president of the Canadian Police Association, Mr. Neal Jessop, said. He pointed out that the strength of this bill will be based upon the ability of the government to stop smuggling in Canada.
I have a document here that was produced by the MacKenzie Institute called "Misfire: The Black Market and Gun Control". They did an eight-month survey into firearms smuggling in Canada. They talked to police officers, aboriginal peoples, smugglers, taxi drivers, the whole host of people involved in the milieu of gun smuggling and illicit firearms trafficking. They concluded that if Bill C-68 goes through there is going to be an explosion of smuggling in Canada.
When I compare this to the report submitted from the justice department on smuggling, their report is a hollow whitewash compared to the information contained in this document. I will not take time to go through it, but it is here. It is here for anyone who wants to look at it.
We have real problems, not with the law-abiding gun owner but with the extent of gun smuggling and the smuggling of illicit firearms, prohibited firearms, these so-called assault weapons into Canada. We have a real problem. The authors of the MacKenzie report are saying that it is going to explode if this bill goes through. I just mention that.
I want to touch on the polls and the support. I do not place much support in polls because they go up and they go down, particularly on a bill like this, where the people who are being contacted really do not know the extent to which the guns are controlled now by way of legislation.
We have over 60 pages in the Criminal Code dealing with the ownership, acquisition and use of firearms. The legislation dealing with firearms in this country is very extensive. So when we have a 124-page document adding to that and we ask people on the phone what they think about gun control, adding more laws to the gun control bill, I am not sure how well informed they are when they respond to that.
I do know that if I received a phone call and someone was telling me the government was moving in a direction to extend greater control over guns, I would say that sounds to me like a good thing to do, because it is going to make the homes and streets and communities safer in Canada. If that were my belief, if I were led to believe that from the question asked, Mr. Speaker, you bet I would support it. I would support it today if I could see it in the bill, but I cannot see it. I can understand why the polls vary, depending on the questions and depending upon the extent of information they have at their disposal about the bill.
We can see very clearly that as more and more information gets to the people, not just about the gun registration but what appears to be the possible violation of civil rights, the extension of police powers in order to inspect or search and to seize and so
on, we see a broadening concern over this legislation and a drop in the support for the bill.
I might add that the clearest indication in terms of polling has to be the result of an election where gun control is an issue. We have had two provincial elections recently. I would like to mention at least the one in Manitoba, where the government headed by Premier Filmon publicly rejected the gun registration portion of this bill, as did the NDP in that province. The Liberal Party embraced it. It is interesting to note that a few weeks before the writ came down in that province for the election call the Liberals were very, very close in the polls to the Tories, the government, and it looked like they could form the government. We saw what happened. They lost over 50 per cent of their seats and the Liberal leader lost his seat.
I have an item in the paper here that quotes one of the Liberal candidates. He states that the Liberal campaign was badly damaged by unpopular federal decisions like gun control and budget cuts. He went on to say that it infuriated him to hear the justice minister say after the election that gun control had nothing to do with the Manitoba Liberals' poor showing. "He has his head in the sand" is what this defeated Liberal candidate from Manitoba said.
When we hear the justice minister talk about support and trafficking in fiction, we should examine it carefully. I wish the debate would be made on facts. We can look at the polls, but let us be honest about it and look at the real polls. In this country we now have at least five provinces whose premiers have concerns about this bill. We have the Saskatchewan, Alberta, and Manitoba premiers who are concerned about this bill. We have had the Liberal premier from New Brunswick express concern as well about the registration system. Now we have the new premier of Ontario, and I would like to hear further from him. I would like him to have a good look at this bill so that we hear from the premier of the most populated province in Canada. I would like to hear what he has to say now about this bill and whether there will be support from the province of Ontario for the registration system.
I want to end by discussing the cost. Members were accused on this side of trafficking in fiction when it comes to the cost. Let us look at the cost for a moment. The justice minister is indicating $85 million to set up the registration system. That is just to set up the registration system. We first have to register the three million gun owners. We have to license them before we can register a single gun they own. If they are not eligible to hold a licence, what is the point of registering their firearms? They will have to give up their firearms if they are not able to be licensed. What will it cost to license an individual?