, seconded by the member for Windsor—Tecumseh, moved:
Motion No. 17
That Bill C-10 be amended by restoring Clause 26 as follows:
“26. Subparagraph (a)(ix) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:
(ix) section 244 (discharging firearm with intent),”
Motion No. 18
That Bill C-10 be amended by restoring Clause 27 as follows:
“27. Subparagraph (a)(xviii) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:
(xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization),
(xviii.1) paragraph 273(2)(a.1) (aggravated sexual assault — use of a firearm),”
Motion No. 19
That Bill C-10 be amended by restoring Clause 29 as follows:
“29. Paragraph 1(r) of Schedule I to the Corrections and Conditional Release Act is replaced by the following:
(r) section 244 (discharging firearm with intent);”
Motion No. 20
That Bill C-10 be amended by restoring Clause 30 as follows:
“30. (1) If subsection 1(5) of An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, being chapter 25 of the Statutes of Canada, 2005, (in this section, the “other Act”) comes into force before section 26 of this Act, section 26 of this Act is replaced by the following:
26. Subparagraph (a.1)(v) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:
(v) section 244 (discharging firearm with intent),
(2) If section 26 of this Act comes into force before subsection 1(5) of the other Act, subparagraph (a.1)(v) of the definition “primary designated offence” in section 487.04 of the Criminal Code, as enacted by that subsection 1(5), is replaced by the following:
(v) section 244 (discharging firearm with intent),
(3) If subsection 1(5) of the other Act and section 26 of this Act come into force on the same day, subsection 1(5) of the other Act is deemed to have come into force before section 26 of this Act and subsection (1) applies.”
He said: Mr. Speaker, I rise today to address Motions Nos. 3, 4, 9, 10, 11, 12, 13, 14, 15 and 16 as moved by the Minister of Justice.
Bill C-10 addresses a very important public safety concern, the threat of gun crimes. The bill aims to ensure that the Criminal Code sets appropriately tough penalties for serious or repeat firearm offences.
The aggravating factors that trigger the toughest sentences in the bill are limited to those linked to gangs and criminal organizations or those who use restricted or prohibited firearms. These crimes include attempted murder, discharging a firearm with intent, sexual assault with a weapon, aggravated sexual assault, kidnapping, hostage taking, robbery and extortion. These are very serious crimes. During the last election our party committed to raise the mandatory minimum penalty for violent gun crimes, as did the Liberals and the NDP.
I am pleased that the hon. member for Windsor—Tecumseh and his party are honouring their election commitment and have worked cooperatively with the government to amend Bill C-10 in a manner that is effective and reflective of our campaign commitments.
After discussion with the opposition, the government has agreed to reduce the scope of the bill by targeting a core of key offences, those of greatest concern. Therefore, I will proceed to move amendments to those motions that reflect the compromises reached with the hon. member for Windsor—Tecumseh.
Time does not permit me to fully explain these amendments, however, my colleagues will do so later in the debate.
I move, seconded by the member for Windsor—Tecumseh:
That Motion 3, proposing to restore Clause 1 of Bill C-10 be amended by substituting the following for the portion of subsection 84(5) before paragraph (a) contained in the Motion:
(5) In determining, for the purposes of any of subsections 85(3), 95(2), 99(2), 100(2) and 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence.
I move, seconded by the member for Windsor—Tecumseh:
That Motion 4 proposing to restore Clause 2 of Bill C-10 be amended by substituting the following for paragraphs 85(3)(b) and (c) contained in that Motion:
(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.
I move, seconded by the member for Windsor—Tecumseh:
That Motion 9 proposing to restore Clause 17 of Bill C-10 be amended
(a) by substituting the following for subparagraphs 239(1)(a)(ii) and (iii) contained in that Motion:
(ii) in the case of a second or subsequent offence, seven years;
(b) by substituting, in the English version, the following for the portion of subsection 239(2) before paragraph (a) contained in that Motion:
(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence—