House of Commons Hansard #87 of the 43rd Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was c-21.

Topics

The House resumed from February 26 consideration of the motion that Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be read the second time and referred to a committee.

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10 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member for Lakeland has three minutes left for questions and comments.

The hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes.

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10 a.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Madam Speaker, I wonder if my colleague from Lakeland could tell the House about the negative impacts this legislation would have on people who have decided to become law-abiding firearms owners, and if she would like to contrast that against the lack of a positive outcome for those folks as a result of the legislation.

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10 a.m.

Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I guess this is a central question around Bill C-21. What is mind-boggling to me, the Conservatives and law-abiding Canadian firearms owners, collectors, sport shooters, hunters and the people who have firearms in their family collection of heirlooms is that these are the most law-abiding, responsible, vetted, law-abiding firearms citizens. With Bill C-21, the Liberals and its proponents are trying to make the argument that it is about public safety and reducing crimes.

In a situation like Toronto, where shootings have increased since 2014 by 161%, those residents have a right to say that their government ought to be taking action to keep them safe. However, those shootings are being caused by criminals and gang members who do not worry about laws—

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10 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

I want to allow for one quick question.

The hon. parliamentary secretary to the government House leader.

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10 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Madam Speaker, much like we saw the Conservatives do a lot of back-flipping on the price on pollution, ultimately they understood what Canadians expected. I wonder if the member would acknowledge that the public wants to see this issue move forward. Will the Conservatives do some back-flipping on this issue and ultimately recognize the safety of Canadians?

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10 a.m.

Conservative

Shannon Stubbs Conservative Lakeland, AB

Madam Speaker, I literally just said that residents in cities like Toronto and other places, where gangs are shooting up their streets, deserve action from the government to keep them safe. However, this is what the Liberals are doing. They are repealing minimum penalties for unauthorized possession of a prohibited firearm, a prohibited or restricted firearm with ammunition, possession of a weapon obtained by crime, weapons trafficking, possession for the purpose of trafficking, reckless discharge, discharge with intent to wound or endanger and robbery with a firearm.

Bill C-21 would also allow relaxed penalties for sexual assault, kidnapping, trafficking in persons for material benefit, abduction of persons under age 14, motor vehicle theft and arson for fraudulent purposes.

What is mind-boggling to every Canadian who agrees that government should be protecting his or her safety and security is that Bill C-21 would do nothing about that except target law-abiding firearms owners—

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10:05 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Unfortunately, I have to go to the next speaker.

Resuming debate, the hon. Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness.

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10:05 a.m.

Louis-Hébert Québec

Liberal

Joël Lightbound LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Madam Speaker, before I begin my speech, I would ask for the unanimous consent of the House to share my time with the member for Oakville North—Burlington.

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10:05 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member requires unanimous consent to share his time. Does he have that unanimous consent?

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10:05 a.m.

Some hon. members

Agreed.

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10:05 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Resuming debate, the hon. parliamentary secretary.

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10:05 a.m.

Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Thank you, Madam Speaker.

I will not talk about this in my speech, but I want to comment briefly on what the Conservative Party member just said. One of the important things we are doing with Bill C-21 is increasing maximum penalties for certain offences, such as trafficking and smuggling. We should all keep that in mind as we study the bill.

That said, I appreciate this opportunity to add my voice to the debate on Bill C-21 at second reading. I believe this is one of the strongest legislative packages ever introduced in this country to combat gun violence. It proposes a wide range of measures to help keep people safe and deliver on the firearm policy commitments we made to Canadians during the last campaign.

These measures are urgently needed, because gun violence remains a tragic reality that too often affects our cities and regions. We only have to look at the Polytechnique tragedy, or what happened four years ago at the Quebec City mosque, in my riding, when a killer entered the mosque and murdered six people, leaving many kids fatherless, and injured several others. We must also remember the massacre that happened more recently in Nova Scotia.

No one should have their life cut short so tragically and senselessly in our country. No one should have to live with the pain of losing a loved one to gun violence. That is why our government made it a top priority to protect Canadians from gun violence, including by regulating their use and strengthening Canada's gun laws.

Last May, we took a significant step forward in protecting Canadians by prohibiting more than 1,500 models of assault-style firearms and their variants, which have too often been used in tragic incidents here in Canada and in the rest of North America. The vast majority of firearm owners are responsible and law-abiding citizens, but these powerful and dangerous firearms that we banned on May 1, 2020, were not designed for legitimate activities such as hunting or sport shooting. Rather, they were designed for use on the battlefield and have no place in our cities, on our streets or in our lives.

Bill C-21 goes even further in protecting Canadians. To finish what we started last May when we banned more than 1,500 models of assault-style firearms and their variants, Bill C-21 proposes to amend the Firearms Act to provide a non-permissive storage option to the owners of firearms prohibited on May 1, 2020. That means an owner could choose to keep their firearms but would not be permitted to use them, sell them, give them to someone else or bequeath them. That is far more restrictive than the grandfathering rules that accompanied previous firearm prohibitions in Canada.

According to these rules, grandfathered owners can buy from and sell to other owners who hold the same grandfathering privileges. Some grandfathered firearms may also be authorized for use at a shooting range. None of that would be allowed with respect to the assault-style firearms prohibited last May. They would have to be stored away safely and kept there under lock and key.

This approach would essentially freeze the market for these firearms, while treating existing owners fairly. Over time, the number of prohibited firearms in Canada would decrease substantially, and they would eventually be eliminated. To accelerate that process, and unlike what was done with past prohibitions, the government also intends to introduce a buyback program as soon as possible. Owners who wish to surrender their firearms for compensation as part of that forthcoming program could certainly do so.

It is impossible to know how many people would take the government up on that offer, but it is highly likely that many owners would take compensation in exchange for their firearms. Those who want to retain their firearms as part of a collection or for sentimental value can do so, but as I was saying, they would not be permitted to bequeath them, transfer them or use them.

Failure to comply with those regulations would also result in criminal prosecution. Any prohibited firearm remaining in someone’s possession would, and this is very important, also need to be registered, including those that were previously classified as non-restricted. Regulators and law enforcement would know exactly who the owners are, and where their assault-style firearms are located.

Moreover, owners who choose to retain possession of these firearms would be required to comply with additional requirements. That includes successfully completing the Canadian restricted firearms safety course and upgrading to a restricted possession and acquisition licence, with all the associated fees that would entail.

The requirements I just mentioned, and the permanent inability to lawfully use or transfer these firearms, for any reason, would essentially make those firearms useless. Logically speaking, all of those things would be major incentives to participate in an eventual buyback program.

Removing these powerful prohibited firearms from society is one of the many goals of this legislation. However, it is also important to immediately remove any firearms from potentially dangerous situations, including situations involving domestic and intimate partner violence, an issue that has been compounded by the pandemic. Sadly, there have been too many such incidents in Quebec over the past year. Beyond domestic violence, there are also other situations where a person may be suicidal or has openly advocated hatred or violence against someone.

To respond to these situations, Bill C-21 proposes the creation of red-flag and yellow-flag provisions. These provisions would make it easier for anyone who feels threatened by the presence of a firearm in their home or by an individual who owns a firearm to take action to protect themselves and others.

More specifically, the red-flag regime would allow anyone, not just police, to apply to the courts for an immediate removal of an individual's firearm if they pose a danger.

Similarly, the yellow-flag regime would allow anyone to ask a chief firearms officer to suspend and examine an individual's licence if there are reasonable suspicions that the person is no longer eligible to hold a licence.

I will remind members that these measures build on the amendments made to the Firearms Act in 2019, which establish that a firearms licence applicant's lifetime history of intimate partner violence and online threats are mandatory grounds for consideration in the determination of licence eligibility.

Gun violence continues to be a major problem in our communities. It is important to remember that all firearm tragedies, from the public ones we commemorate to the private ones that occur in the home, create untold sadness and are often preventable. All Canadians deserve to live in a place where they can be safe and secure, and that is the objective of Bill C-21.

As the Prime Minister said, “we need more than thoughts and prayers. We need concrete action.” That is exactly what Bill C-21 proposes: concrete action to stem the tide of gun violence in Canada.

I am very proud to support this bill at second reading, and I hope that my colleagues will do the same so that it can be sent to committee and we can hear what various groups have to say about Bill C-21. For decades now, various civil society groups have been calling for a ban on military-style assault weapons like the one we implemented on May 1, 2020, which will be strengthened by Bill C-21. These weapons were designed for the military and are not appropriate for civilian use. We have seen them used in too many incidents, too many tragedies and too many killings. They were designed for military use and manufactured to be efficient killing machines. They are not used for hunting or sport shooting and have no place in our society because they are too dangerous.

I am proud to be part of a government that, after decades of dithering, finally decided to move forward with prohibiting 1,500 different models of firearms, including the AR-15 and Vz58. This ban essentially froze the market completely as of May 1, 2020, by prohibiting the import, export, use and sale of such weapons.

I would remind the House that the young man who burst into the Quebec City mosque was armed with a Vz58. Thank goodness his gun jammed, but he never should have been in possession of such a weapon in the first place. This is why a ban like the one we proposed on May 1, which is strengthened in Bill C-21, is so important, as are the increased maximum penalties for many trafficking and smuggling offences, and the red-flag and yellow-flag provisions.

I am getting a bit off topic from Bill C-21, but I would also point out the investments we have made to expand our border capacity and dedicate more resources to the community-based organizations working to prevent violence upstream. This is in addition to the resources that have been invested in the RCMP and our law enforcement agencies across the country with programs such as Ontario's guns, gangs and violence reduction strategy.

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10:15 a.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I do not understand why my colleague believes the bill would do anything. We know that 95% of gun crime in Canada is with illegal guns. The Liberals voted against a private member's bill from the member for Markham—Unionville that would have eliminated illegal guns coming into the country. They now have introduced Bill C-22, which would remove penalties for crimes committed with guns. It is clear that criminals do not obey the law.

Why does the member think that criminals will obey this law?

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10:15 a.m.

Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Madam Speaker, I thank my colleague from Sarnia—Lambton. Today is a big day for her because she just became a grandmother. My congratulations, and I am happy to see her virtually.

To answer her question, it is clear that no single measure will eliminate gun violence in Canada. We have to tackle it on all fronts. It is obviously important to take military-style assault rifles out of circulation, but Bill C-21 includes other measures too.

For example, the bill increases maximum penalties for offences related to firearms trafficking and smuggling. It enhances information sharing among agencies such as the RCMP and local law enforcement services. We are also investing in giving the Canada Border Services Agency and the RCMP more tools to fight the diversion, illegal importation and smuggling of firearms.

These measures are all important in this fight. We are acutely aware that no single measure will resolve the situation, so Bill C-21 contributes to all aspects of the fight.

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10:15 a.m.

Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, I thank my colleague for his speech.

My question has more to do with handguns. Initially the idea was to delegate this responsibility to the municipalities. Eventually the provinces got involved, since the federal government had stepped back.

In this case, would a single, standard policy be more effective at controlling firearms than some sort of patchwork approach where the rules vary from one place to another or one province to another?

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10:15 a.m.

Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Madam Speaker, that was in fact one of the commitments we made at the request of municipalities across the country. They would like more authority to limit, regulate and ban firearms in their jurisdiction, and that is precisely what Bill C-21 is proposing.

We are certainly listening, and we will always be prepared to work with the provinces, the municipalities and the opposition parties that want to strengthen gun control in Canada, instead of diluting it as the Conservatives keep proposing.

What the Conservative Party is proposing would be a major step backward for gun control. We are always looking for different ways to strengthen gun control. We will work with the municipalities, the provinces and the opposition parties to do that.

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10:15 a.m.

NDP

Jack Harris NDP St. John's East, NL

Madam Speaker, I know the member wants to remove these dangerous firearms from society, but many are questioning how effective that would be if people could keep their guns for 30, 40 or 50 years, or wait until the Conservatives get in power. They are already on record saying they would reverse this ban.

How effective, or how long-term, would this ban actually be without some other measures?

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10:20 a.m.

Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Madam Speaker, I thank my colleague for his question.

We took an informed approach based on New Zealand's experience. It is estimated that its mandatory buyback program recovered just one-third of these weapons.

Our approach is definitely different. Those who wish to surrender their weapons will be eligible to receive fair compensation from the government. Those who do not will have to register their firearms and will not be able to use, sell or bequeath them. In short, the guns will be useless and unuseable. The requirement to register these firearms so we know where they are is of fundamental importance.

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10:20 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The member for Kingston and the Islands on a point of order.

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10:20 a.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I rise on a point of order. The English translation was coming through as French and I did not hear the response from the parliamentary secretary. I really wanted to hear that. I do not know if it can be fixed. Can he repeat his answer to that?

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10:20 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The interpretation seems to be working now.

Could the parliamentary secretary quickly repeat his answer?

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10:20 a.m.

Liberal

Joël Lightbound Liberal Louis-Hébert, QC

Madam Speaker, I am eager for my colleague from Kingston and the Islands to learn French, and I am here if he needs help.

I was saying that our approach is based on other countries' experiences. For instance, New Zealand has had limited success, if we compare the estimated number of firearms in circulation with the number of firearms surrendered to the government.

With our approach, those who wish to surrender their weapons will receive fair compensation from the government, and those who wish to keep their weapons may do so, but they will have to register those firearms so we know where they are located. They will not be able to use, sell or bequeath them. It is non-permissive permission, if you will.

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10:20 a.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

Resuming debate, the hon. Parliamentary Secretary to the Minister of Indigenous Services.

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10:20 a.m.

Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Indigenous Services

Madam Speaker, I am pleased to join in this important debate, and I am proud to be part of a government that takes action on gun control to keep Canadians safe. In the last Parliament I was able to work on Bill C-71. I am proud of that work, and I am proud to continue that work with Bill C-21.

This legislation would introduce some of the strongest gun control measures ever seen in Canada. It would complete the prohibition of assault-style firearms, it would lay the foundation for a buyback program, and it would take needed action in a number of areas critical to improving public safety, including limiting or prohibiting access to firearms for those who pose a risk to themselves or others, fighting gun smuggling and trafficking by strengthening measures at the border, increasing maximum penalties for certain firearms offences under the Criminal Code, combatting the unlawful use of firearms in diversion to the illicit market, and strengthening the rules for those firearms that are indistinguishable from legitimate ones.

Bill C-21 is good news for the public safety of our communities, our institutions and our most vulnerable citizens. It would also add new tools that could be used toward reducing needless deaths from family violence and suicide. I would like to recognize the work of those who have repeatedly stressed that the focus of action on firearms needs to be on those who die by suicide and are victims of femicide and domestic violence. The Canadian Women's Foundation notes that the presence of firearms in Canadian households is the single greatest risk factor for the lethality of intimate partner violence. In conversation with the Lethbridge YWCA, the group told me every single woman who came to their shelter had been threatened by a partner with a firearm. Over the past five years, nearly 2,500 women had been victimized by partners with a firearm.

My work with local organizations in my riding and across the country has helped to shine a light on the dangers of gun violence. Many women are afraid to report the threats of gun violence they face, or the illegal guns their partners own, and while shelters such as Halton Women's Place provide supports for women while they are at the shelter, women are at their most vulnerable for gun violence once they leave.

Bill C-21 would be the first step in removing guns from the hands of abusive partners, but we must remain committed to engaging and encouraging women to report illegal guns and abusive partners and ensuring they have the support needed. Too often, survivors are without support in the justice system, and this must change.

Our government proposes to invest $85 million to help ensure access to free legal advice and legal representation for survivors of sexual assault and intimate partner violence, no matter where they live. This investment is good news, but we must also continue to work with women's organizations that help survivors of domestic abuse and gun violence find safety from abusive partners. Intimate partner violence accounts for 28% of all police-reported violent crime in Canada, and that number has risen during the pandemic.

Of 945 intimate-partner homicides that occurred between 2008 and 2018, eight in 10 involved female victims. One woman or girl is killed in Canada every other day on average, according the Canadian Femicide Observatory for Justice and Accountability. We have it in our power to help reduce these senseless deaths and this tragic violence. Bill C-21 is not a panacea: It is a tool that we must use, in conjunction with investments like a national gender-based violence strategy, to reduce this hateful violence.

There were 580 individuals, overwhelmingly male, overwhelmingly white and overwhelmingly rural, who died by firearm suicide. Dr. Alan Drummond and Dr. Eric Letovsky of the Canadian Association of Emergency Physicians have been vocal in saying that we must do more. Over 75% of firearm deaths are deaths by suicide. Introducing a mandatory reporting mechanism for doctors to call the police to remove guns from at-risk patients immediately is a recommendation I heard from them, and is worth exploring if it is in federal jurisdiction.

The bill contains key new measures that could limit or prohibit access to firearms for those who pose a threat to themselves or others. Bill C-71 took important steps in that direction with lifetime background checks that take into account intimate partner violence and online behaviour. These provisions must be implemented as soon as possible, but they are still insufficient methods for preventing a dangerous situation from becoming deadly. If someone suspects an individual with access to firearms might pose a danger to themselves or others, authorities only have limited power to intervene. With Bill C-21, we would introduce red- and yellow-flag laws.

A red-flag regime under the Criminal Code would empower both law enforcement and all Canadians, including those organizations that support survivors of abuse, to take action. If someone is aware of a potentially dangerous situation, they would be able to apply to a court to order an immediate temporary weapons prohibition order. There would also be judicial discretion to order the immediate seizure of firearms.

This means that any member of the public, including a family member or caregiver, could take action if there were reasonable grounds to believe that an individual should not have access to firearms. These include online behaviour. A person would also be able to apply to a court for a temporary access limitation order to prevent someone who was subject to a weapons prohibition order from accessing firearms possessed by another individual. The weapons prohibition order could require the individual to surrender to law enforcement the firearms in their possession. It could also be accompanied by a search and seizure order.

In the United States, 19 states and the District of Columbia have enacted extreme risk laws, and these have been effective. A recent study in California details 21 cases in which this law was used in efforts to prevent mass shootings.

Recently, I hosted a round table on Bill C-21 with the Minister of Public Safety and Emergency Preparedness and stakeholders in my community. We heard from representatives of Sheridan College, a local post-secondary institution, who voiced their concerns about how areas of congregate settings such as colleges are vulnerable to mass shootings and gun violence. Bill C-21 is a good step towards protecting our students on campus. Those at the round table expressed some concerns about the need to do more. They talked about the need for judicial education on domestic violence and coercive control if these red-flag laws are to be effective.

I have heard from a number of individuals and organizations that have either lost someone to gun violence or support survivors. They say that these red-flag laws need to be strengthened. I am committed to learning from them, and I am grateful for their future contribution once we start to study this proposed legislation at committee. We will invite advocates with lived experience, and they will bravely tell us about the worst day of their lives and why we need to take stronger action. It is incumbent upon everyone at that committee table to listen with an open heart and hear about what we, as parliamentarians, can do to make sure other families are not faced with the same devastating news that they have lost a loved one due to preventable firearms violence.

These red-flag provisions are one tool that aligns with Canada's strategy to prevent and address gender-based violence. It builds on current federal initiatives, coordinates existing programs and lays the foundation for greater action on this critical issue. The strategy is organized across three pillars: prevention of violence, support for survivors and their families, and promoting responsive legal and justice systems.

Gender-based violence is one of the most pervasive, deadly and deeply rooted human rights violations. The bill before us is paramount to the creation of strong and safe communities for everyone, and we have seen support for these measures.

Jan Reimer, a former Edmonton mayor and now executive director of the Alberta Council of Women's Shelters, said that the legislation proposed is:

...a step in the right direction.... We see women being threatened with a gun. It's one of the major, if not the major, causes of death for women in domestic violence relationships. Better control doesn't take anybody's rights away, but it does protect women's rights to safety.

Bill C-21 is one more tool we can use to prevent gun violence across our country. I look forward to testimony at the public safety committee from advocates who push us to create and strengthen legislation that protects our communities from gun violence. I am proud to support our efforts to keep Canadians safe.