Mr. Speaker, I am pleased to speak to Bill C-637, an act to amend the Criminal Code with respect to firearms storage and transportation, which is a private member's bill put forward by the member for Dauphin—Swan River—Marquette.
As is typical of the government, it is not part of a public safety package that brings together a number of areas for public safety from the government itself. We constantly believe, on this side of the House, that even though bills are coming forward as private members' bills, they are one-offs, often not well thought out, and often on small issues. In fact the member could not even give us the information whether any charges had ever been laid under this particular bill. They are coming forward as private members' bills and often they really complicate the criminal justice system and do not make for good public safety policies. Many of them come forward just to try to create some political discourse for internal objectives of the Conservative Party of Canada and to try to drive wedges between Canadians on different sides of the issues.
I am concerned, and we will oppose this legislation because any weakening of the provisions to store and transport these weapons—it is a strong word—is against the interest of public safety. Simply put, the legislation would take away the criminal liability for unsafe storage and transport of these weapons, which can and do inflict injury. This raises serious concerns related to public safety, particularly related mostly to children but to youth as well.
As others have said in the House, I expect there are many who have used BB guns and pellet guns as kids in their own life experience. I certainly have. They do cause harm. It is possible to lose an eye. I had a neighbour who in fact had that happen many years ago. That was not safe use.
The member for Dauphin—Swan River—Marquette mentioned himself that the use of BB guns and pellet guns is good training for later in life in the safe use, transport, and storage of these weapons. Having these restrictions there makes good sense for long-term lifetime use of other guns that may be used in hunting and experiences later in life. Therefore, it is important to keep these restrictions in place to ensure that happens, because it is a training ground for young people. They recognize then that the law is there.
The legislation seeks to ensure that BB guns, airguns, and most likely pellet guns are not deemed firearms for the purpose of their transportation and storage. Therefore, the Criminal Code provisions related to the transportation and storage of firearms would not apply to these weapons. That is basically what the bill does. We maintain though that, simply put, the legislation would take away the criminal liability for the unsafe storage and transportation of these weapons, which can and do inflict injuries. This raises serious concerns about public safety, especially as it relates to youth.
There appears to be no dispute of the fact that BB guns, pellet guns, and air guns are weapons and are fully capable of discharging a projectile, which can cause serious injury, if not death. Therefore, we believe it is against the interest of public safety to weaken provisions on weapons that are often used by children. The Liberal Party of Canada believes in a balanced gun control approach that prioritizes public safety while ensuring that law-abiding firearms owners do not face unfair treatment under the law. We do not believe the current situation is creating that unfair treatment.
It is important to note that in Justice Rosenberg's Ontario Court of Appeal decision of September 4, 2013, the following was stated, which raises serious public safety concerns:
If an airgun that otherwise meets the definition of “firearm” in s. 2 because of its dangerous nature and its capability for causing injury, is not found to be a firearm because it does not also meet the use and intended use requirements in the definition of “weapon”, it escapes regulation under s. 86. It would be lawful to leave such a dangerous object in an area where children might have access to it, or to shoot it in a dangerous manner. Liability would attach only if someone actually was injured or killed. Such an interpretation would not be consistent with the public safety objective of the legislation.
He makes the point that we on this side of the House believe is necessary to be made, and that is that these can cause harm. Transportation and storage is part of the regulatory requirements to ensure that they are done in a safe manner and consistent with the law. As I said earlier, that is good training ground for guns that may be used later.
An analysis by the Library of Parliament of Bill C-637 indicated the following with respect to the consequences of this legislation:
Bill C-637 adds s. 84(3.2) to the Criminal Code, which would extend the deeming provision to section 86 and the provisions of the Firearms Act as they relate to the transportation and storage of firearms. This means that air guns or BB guns with low muzzle velocities would not have to be treated like firearms and need not be stored and transported in the way firearms are required to be. Since air guns or BB guns do not fit within any of the other categories of weapons listed in section 86, it follows that these types of weapons would not be required, by this section of the Criminal Code at least, to be transported, stored, etc. with “reasonable precautions for the safety of other persons.”
That is a very important point.
The Library of Parliament goes on to say:
This does not mean, however, that more general provisions concerning criminal negligence could not be applied. Section 219 of the Criminal Code defines “criminal negligence” as showing “wanton or reckless disregard for the lives or safety of other persons.”
If they are used in that fashion, the other charges would apply.
I have no problem and, in fact, believe the use of BB guns and pellet guns is good training, but I do believe the current law should apply. Therefore, it does not need to be changed as this private member's bill would do.
I do not have time to quote the Canadian Association of Chiefs of Police, but it is very concerned about BB guns and pellet guns being used as weapons. They can be replica firearms and, therefore, used in criminal activity.
There is concern on the part of police associations. Basically, the bottom line for us is we do not believe this bill is necessary.