Mr. Speaker, I rise today in support of the motion to provide opportunities for members of the public safety and national security committee to travel to meet with additional stakeholders on the many issues raised by experts, academics, user groups, victims groups, and more, who have been flagged to our committee.
What is worse than the fact that almost no one seems to support this bill as a solution to the issues facing Canada from gun and gang violence is that we have heard from so few people on the issue at committee.
In March of 2018, e-petition 1608 was initiated. It asks the Liberal government to scrap Bill C-71 and instead devote more resources to policing in Canada. In just two months, it has become the second-largest e-petition in Canadian history, with nearly 79,000 signatures to date in opposition to Bill C-71, because the bill is viewed as an attempt to bring back the gun registry while not tackling the source of firearms violence in Canada, which is gangs and organized crime. In fact, it is second only to the petition that objected to the Liberals breaking their promise on electoral reform.
Canadians across the country are upset at the current Liberal government for breaking another election promise. Whether the Liberals agree or not, Canadians from the north, the Atlantic, the Prairies, the pacific and central Canada all consider Bill C-71 as having the makings of a new registry that targets law-abiding gun owners and does nothing to tackle illegal firearms, gun violence, and gangs.
A government MP might want to point out that since e-petitions only came into effect in 2015, the Liberals are almost certainly going to be the ones who break the record. That is a fair comment. The selective use of statistics and facts to sell a policy or position is wrong and only causes Canadians to be distrustful of government, politicians, and the political process. It undermines democracy. That is probably why so many Canadians, almost 79,000 in the e-petition, feel that the Liberals have been arrogant and misleading in their use and presentation of facts. That makes it more important for this committee to break free from its limited view of the issue and to visit with the Canadians who will be impacted by the legislation.
It is important to ensure that information that comes before Parliament is accurate. The Minister of Public Safety appeared before the committee and made the following comment:
While crime rates in Canada overall have been on the decline, thankfully, for decades, the rate of gun violence has been going up in recent years. Between 2013 and 2016
—indeed, we heard the same numbers presented by the parliamentary secretary just minutes ago—
the number of criminal incidents involving firearms rose by 30%. Gun homicides in that period went up by two-thirds. Intimate partner and gender-based violence involving firearms was up by one-third. Gang-related homicides, most of which involve guns, were up by two-thirds. Break-ins for the purpose of the stealing of firearms were up by 56% between 2013 and 2016, and by a whopping 865% since the year 2008.
It sounds like there is a real crisis, an epidemic of major proportions, related to licensed firearms and their users taking to the streets and committing crimes. However, we should look at what the experts said about the current government's manipulation of information.
Solomon Friedman, from the Criminal Lawyers' Association, says that “The Criminal Lawyers' Association supports criminal law reform that is modest, fundamentally rational and supported by objective evidence. On each of these measures, Bill C-71, in our view, fails to meet that mark. First, the proposed reforms in Bill C-71 are unsupported by the evidence. In fact, in presenting its rationale for this bill, the government has misrepresented the objective statistical data to create the appearance of a problem that simply does not exist. As a society, we are the poorer for it when government promotes criminal legislation on a misunderstanding, or worse yet, a willful manipulation of what it claims is empirical evidence. On May 8, 2018, the Honourable Minister of Public Safety...told this committee that between 2013 and 2016, the number of criminal incidents involving firearms rose by 30%. Gun homicides in that period went up by two-thirds. Those numbers are alarming. They give the clear impression that gun crime and homicide by firearm specifically are a rampant and increasing problem in our society.”
Friedman continues, “With the greatest of respect to the Minister, that is simply not the case. The year 2013, the starting point for the purported trend was not chosen at random. As we now know, 2013 was a statistical aberration in terms of violent crime and homicide in Canada. 2013 saw the lowest rate of criminal homicide in Canada in 50 years. To put that in perspective, every single year since 1966 has been worse than 2013. It's not surprising that the three years following 2013 would be worse, as well.”
Moreover, Friedman observes, “The truth of the matter is homicide by firearm has, in fact, been steadily declining in Canada since the mid 1970s and when an appropriate sample size is taken, the alarming trend that the Minister purported to identify is seen for what it is—a selective manipulation of statistical data. The rate of homicide by firearm, when viewed over a 10-year period, a reasonable sample size, has remained relatively stable. In fact, it was slightly lower in 2016 than it was 10 years earlier in 2006.”
Here we have a criminal defence lawyer destroying the highly questionable evidence provided by the minister. That is what shocks us. Having spent 35 years in policing, I know that such questionable evidence would never be allowed in a courtroom. A judge would severely admonish the lawyer who presented patently false evidence, and that lawyer could risk being disbarred.
Additionally, we heard from Dr. Gary Mauser about the information that the Minister of Public Safety presented as facts. Here is what the committee heard from Dr. Mauser. First, he pointed out that 121 of the 141 firearms-related homicides were directly related to gangs in cities. Therefore, the rate of violence in Canada is a a result of more gangs and gun-related shootings. The word “gangs” does not appear anywhere in the bill. Therefore, it appears that the minister's statistics of of increasing on gun violence are really just selective use of figures, and wrongly attributed to licensed, law-abiding gun owners.
In rural areas, the professor pointed out that Statistics Canada's own numbers show that while first nations make up only 5% of Canada's population, they make up 24% of the victims of homicide and 36% of those accused of homicide. This should not surprise us, as crime and violence are usually tied to poverty and a lack of opportunity.
The Minister of Public Safety said at committee:
Right now, when a person applies for a licence, there's a mandatory look back over the immediately preceding five years to see whether they have in that period of time been engaged in any violent behaviour or been treated for a mental illness associated with violence. Bill C-71 will remove that five-year limitation so that a person's entire record will be taken into account. That will help ensure, quite simply, that people with a history of violence do not get guns.
The legislation will also help ensure that people who acquire firearms are actually licensed to own them. Since 2012, all that has been required in this regard at the time of a sale is that the vendor have “no reason to believe” that the purchaser is not licensed. It's a double negative. Vendors often check anyway, but they are not, in fact, required to do so.
That statement is absolutely false. Under the current law, gun shops are required to ensure that anyone purchasing a firearm possesses a valid gun licence.
Furthermore, a legal expert told the committee that it “should bear in mind that there is no stand-alone scheme for regulating firearms in Canada outside of the criminal law. Accordingly, any violation, no matter how minor or technical engages the criminal law process. As all justice system participants know well, the criminal law is a blunt tool. It is more akin to a sledgehammer than a scalpel, and most importantly, it is an ill-suited implement of public policy. Indeed, this legislation creates new criminal offences where none were needed. For example Bill C-71 will make it an offence for a firearm owner to transfer a firearm, meaning to give, sell, or barter, to another person without first obtaining a reference number from the registrar of firearms. Let me be clear. It is already a criminal offence to transfer a firearm to an individual who is not authorized to possess it.”
The expert stated that “Section 101 of the Criminal Code prohibits the precise conduct. It is punishable by a maximum of five years in prison. In fact, I have personally represented retailers who have been charged under the existing scheme for failing to check licence validity.”
Furthermore, the legal expert continued, “The government says that the new provisions under Bill C-71 are required to ensure that firearms are not transferred without lawful authority. Not surprisingly, the existing offence under section 101 is entitled “Transfer without authority”. However, under Bill C-71, one law-abiding licensed firearm owner can transfer a firearm to another law-abiding licensed firearm owner and still commit a criminal offence if the government is not duly notified. This does nothing more than create another trap for the unwary, a trap that carries with it criminal consequences. And for what? It is not for actual public safety, but for the appearance of public safety.”
I had that same issue when the minister appeared before committee, suggesting that gun shops today, or anyone for that matter, can easily sell a gun to anyone who does not have a licence. Today, before Bill C-71 comes into effect, that is still a criminal offence.
The minister may be confused about what a serious crime looks like given his government's proposal to have all manner of violent criminals walk free with a slap on the wrist or a fine, criminals like those convicted of assault with a weapon, human trafficking, participating in a terrorist group, impaired driving causing bodily harm, forced marriage and marriage under 16, advocating for genocide, or participating in organized crimes, just to name a few. These are serious criminal offences, just like selling a firearm to someone without a licence is a serious criminal offence. It gets a person up to five years in jail. That is more than some child sex offenders are receiving.
It is not just the Liberal minister who tabled this legislation who has been getting his information so very, very wrong. When a professor emeritus from Simon Fraser appeared before us, the Liberal member for London North Centre, someone who has taught at a university, attacked him for not having the article peer reviewed, if one could imagine. Peer review is the process of academic review where many academics with similar backgrounds question and review one's work to ensure its accuracy.
The MP for London North Centre basically reiterated the view of a website with limited credibility. The article he attacked was in the top legal journal in the world, according to Journal Citation Reports. The article was cited in Supreme Court cases in the United States. I am not sure if the member has ever seen a courtroom, but judges are sticklers for the facts. The member's contention after these facts were pointed out to him was that he only revisited the fact it was not peer reviewed. Apparently, all law reviews are done by legal students. I guess the Harvard Law Review just does not meet the high standards of an untenured professor from Western.
This brings me back to the main point. The Liberals are highly misinformed, from the minister to the member for London North Centre, as they cannot even be bothered to see what our firearms safety training course looks like let alone understand it. They appear to prefer to insulate themselves and their views from anyone they disagree with and go out of their way to discredit anyone who demonstrates how wrong they really are.
Mark Twain is known for revising an old English expression, “Never let the truth get in the way of a good story.” In this case, the Liberals do not want to worry about facts, just a good story to achieved their desired impact on the issue. That is why it essential that we have more input.
In our final panel of witnesses, the committee heard from Heather Bear, vice-chief of the Federation of Sovereign Indigenous Nations in Saskatchewan. To be honest, had the Conservatives not raised the fact there had been no first nation witnesses regarding the impact of the bill on them, I do not think we would have heard from any first nations at all.
Vice-Chief Bear brought a wealth of understanding from the perspective of first nations. They, like many people in rural areas, are hunters. They use firearms for legitimate cultural, spiritual, family, community, and sustenance purposes. Through Vice-Chief Bear, we heard quite clearly that first nations had not been consulted, that the duty to consult on legislation that impacts first nations was not met, that the legislation completely misses the mark, and that it would make it harder for law-abiding hunters while doing nothing to deal with their issue of gangs and gun violence.
If we need any further evidence, Hugh Nielsen, a master firearms instructor from B.C., asked for a show of hands of MPs who had taken a firearms safety course.
None of the Liberals could say that they had one. The Liberals, with their 30-plus rural seats, could not find one rural MP who wanted to sit in to provide some expertise and understanding of the issues around firearms safety and training.
The committee is undertaking very important work. It is important to a record number of Canadians that we get it right. It is not good enough to hear from a select group and ignore most of what we hear.
As an example, my office, along with other members, received 20 briefs from the committee clerk less than 24 hours before the deadline to submit our amendments. Since drafters need time to get their work done, basically none of those briefs were received in time for the work to be considered by committee.
We heard from no one from the north. Not a single voice from the territories was included in the debate. No chief firearms officer submitted testimony. Thousands of Canadians seeking to be heard on this issue are being ignored so the minister and the Liberals can achieve their deadline, a bad deadline on a bad bill. No one in Canada is better for it.
The facts presented by experts show, time and again, that the committee needs to hear from more people across the nation. I would like to quote a letter I received from a resident in Oakville, responding to some comments made by his member of Parliament to a witness at the public safety committee meeting last week. This constituent took it upon himself to verify the stats used and found that the member from Oakville had made a mistake. The member had suggested that 26% of homicide by gun violence were women at the hands of their partners. Looking through the stats of what she said and the source she used, this constituent found that the number was half of that, 13%. I understand that 1% is too much.
That constituent dug even deeper into the records and stats and found the following, and I will read the results, “Shooting was a factor in 33% of homicides between 2003 and 2012. Of that 33%, 13% of the victims were women who died at the hands of their partners, where a gun was used.” Since the bill would target only licensed firearms owners, he checked into that as well and found that only 2.7% of those accused were licensed firearms owners.
We have a bill that the Liberals claim would protect women from domestic violence, but it would not. The vast majority of the accused are not licensed firearms owners; they are unlicensed firearms users.
Finally, the Minister of Public Safety may not realize this, but the bill would do nothing to deal with gun crimes in Florida schools. Sadly, the minister has framed the tabling of the legislation as dealing with a school shooting in another country. Nothing could be more disheartening than watching an old politician tell Canadians that because of a tragedy, he will take action, knowing full well that there is nothing in his action that begins to deal at all with these victims, that tragedy or stopping similar future incidents. This is the kind of conduct that breaks the confidence of governments and the Canadian public with specific politicians.
To maintain the confidence of our system of government, to maintain our democracy, to ensure we get public safety and the confidence of our public systems, this committee needs to ensure we have heard from all relevant parties, industry, victims rights groups, indigenous peoples, firearms users, police, other levels of government, and from silenced Liberal members.
I urge the House to support this motion and ensure that all members of the committee get public safety right. The protection of Canadians is the top priority for the House, and we cannot afford to allow the partisan antics of the Liberals to shake the confidence of Canadians in our communities, in our democratic institutions, and in our country.