Lost his last election, in 2000, with 6% of the vote.
Firearms Act June 12th, 1995
moved:
Motion No. 174
That Bill C-68, in Clause 133, be amended by replacing lines 8 and 9, on page 72, with the following:
"(3) For the purposes of sections 95, 99, 100, 103 and 117.03 of this Act and".
Motion No. 175
That Bill C-68, in Clause 133, be amended by replacing line 5, on page 73, with the following: b ) a registration certificate for a prohibited firearm or a restricted firearm if''.
Firearms Act June 12th, 1995
moved:
Motion No. 134
That Bill C-68 be amended by adding after line 17, on page 51, the following new Clause:
"102.1 (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.
(2) Every person who commits an offence under subsection (1) a ) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or b ) is guilty of an offence punishable on summary conviction.
(3) In this section, "report" or "statement" means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not."
Motion No. 136
That Bill C-68 be amended by adding after line 28, on page 51, the following new Clause:
"104.1 (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless a ) in the case of a firearm,
(i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm,
(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of an authorization or a licence under which that other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and
(iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act or any other Act of Parliament; and b ) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,
(i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or
(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a ) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or b ) a person who could not be convicted of an offence under this Act or any other Act of Parliament.
(2) Every person who commits an offence under subsection (1) a ) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or b ) is guilty of an offence punishable on summary conviction.
(3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle.
(4) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition by the operation of law."
Motion No. 137
That Bill C-68, in Clause 106, be amended by replacing lines 41 to 44, on page 51, with the following:
"106. (1) Every person commits an offence who a ) possesses a firearm, unless the person is the holder of a licence under which the person may possess the firearm and, where the firearm is a prohibited firearm or a restricted firearm, unless the person holds a registration certificate for that firearm; or b ) contravenes, in respect of a firearm, a condition of a licence, registration certificate or authorization held by the person.
(2) Every person who commits an offence under subsection (1) a ) in the case of a first offence, is guilty of an offence punishable on summary conviction; b ) in the case of a subsequent offence, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.''
Motion No. 138
That Bill C-68 be amended by adding after line 44, on page 51, the following new Clause:
"106.1 (1) Every person commits an offence who, without lawful excuse, possesses a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition and a ) does not hold a licence under which the person may possess it; or b ) contravenes a condition of a licence or authorization held by the person.
(2) Every person who commits an offence under subsection (1) a ) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or b ) is guilty of an offence punishable on summary conviction.''
Motion No. 139
That Bill C-68 be amended by adding after line 44, on page 51, the following new Clause:
"106.2 (1) Every person commits an offence who, without authorization under this Act or any other Act of Parliament or regulation made thereunder, transfers a firearm or ammunition.
(2) Every person who commits an offence under subsection (1) a ) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or b ) is guilty of an offence punishable on summary conviction.''
Motion No. 140
That Bill C-68 be amended by adding after line 44, on page 51, the following new Clause:
"106.3 (1) Every person commits an offence who, without authorization under this Act or any other Act of Parliament or regulation made thereunder, transfers a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition.
(2) Every person who commits an offence under subsection (1) a ) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or b ) is guilty of an offence punishable on summary conviction.''
Motion No. 141
That Bill C-68 be amended by adding after line 44, on page 51, the following new Clause:
"106.4 (1) Every person commits an offence who, without authorization under this Act or any other Act of Parliament or regulation made thereunder, imports or exports a firearm or ammunition.
(2) Every person who commits an offence under subsection (1) a ) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or b ) is guilty of an offence punishable on summary conviction.''
Motion No. 142
That Bill C-68 be amended by adding after line 44, on page 51, the following new Clause:
"106.5 (1) Every person commits an offence who, without authorization under this Act or any other Act of Parliament or regulation made thereunder, imports or exports a ) a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition; or b ) a component or part designed exclusively for use in the manufacture of or assembly into automatic firearms.
(2) Every person who commits an offence under subsection (1) a ) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or b ) is guilty of an offence punishable on summary conviction.''
Motion No. 143
That Bill C-68 be amended by adding after line 44, on page 51, the following new Clause:
"106.6 Any proceedings in respect of an offence under subsection 106.4(1) or 106.5(1) of this Act may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government."
Motion No. 144
That Bill C-68 be amended by adding after line 44, on page 51, the following new Clause:
"106.7 Subsections 106(1) and 106.1(1) do not apply to a ) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or b ) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,
(i) lawfully disposes of it, or
(ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm."
Motion No. 146
That Bill C-68 be amended by adding after line 10, on page 53, the following new Clause:
108.1 (1) Every person commits an offence who a ) having lost a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person's possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or b ) on finding a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.
(2) Every person who commits an offence under subsection (1) a ) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or b ) is guilty of an offence punishable on summary conviction.''
Motion No. 147
That Bill C-68 be amended by adding after line 10, on page 53, the following new Clause:
"108.2 (1) Every person commits an offence who a ) after destroying any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or b ) on becoming aware of the destruction of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person's possession before its destruction, does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer.
(2) Every person who commits an offence under subsection (1) a ) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or b ) is guilty of an offence punishable on summary conviction.''
Motion No. 163
That Bill C-68 be amended by adding after line 33, on page 65, the following new Clauses:
"129.1 Where, in any proceedings for an offence under any of sections 106, 106.1. 106.2, 106.3, 106.4. 106.5 and 108.1, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate."
Motion No. 164
That Bill C-68 be amended by adding after line 33, on page 65, the following new Clause:
"129.2 (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein.
(2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or registration certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or registration certificate would have had if it had been proved in the ordinary way."
Motion No. 165
That Bill C-68 be amended by adding after line 33, on page 65, the following new Clause:
"129.3 (1) A certificate purporting to be signed by an analyst stating that the analyst has analysed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate.
(2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.
(3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.
(4) For the purposes of this Act, service of a certificate of an analyst may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it.
(5) Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service."
Motion No. 166
That Bill C-68 be amended by adding after line 33, on page 65, the following new Clause:
"129.4 (1) The Governor in Council may, by order, declare for any purpose referred to in subsection (2) any period as an amnesty period with respect to any weapon, prohibited device, prohibited ammunition, explosive substance or component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm.
(2) An order made under subsection (1) may declare an amnesty period for the purpose of a ) permitting any person in possession of any thing to which the order relates to do anything provided in the order, including, without restricting the generality of the foregoing, delivering the thing to a peace officer, a firearms officer or a chief firearms officer, registering it, destroying it or otherwise disposing of it; or b ) permitting alterations to be made to any prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition to which the order relates so that it no longer qualifies as a prohibited firearm, a prohibited weapon, a prohibited device or prohibited ammunition, as the case may be.
(3) No person who, during an amnesty period declared by an order made under subsection (1) and for a purpose described in the order, does anything provided for in the order, is, by reason only of the fact that the person did that thing, guilty of an offence under this Part.
(4) Any proceedings taken under this Part against any person for anything done by the person in reliance of this section are a nullity."
Firearms Act June 12th, 1995
moved:
Motion No. 8
That Bill C-68, in Clause 4, be amended by replacing lines 24 and 25, on page 4, with the following:
"under section 106 of this Act and subsection 95(1) of the Criminal Code,".
Motion No. 9
That Bill C-68, in Clause 4, be amended by replacing lines 31 to 33, on page 4, with the following:
"constitute an offence under section 106.1;".
Motion No. 11
That Bill C-68, in Clause 4, be amended by replacing lines 37 and 38, on page 5, with the following:
"offence under section 106.2 or 106.3 of this Act or subsection 99(1) or 100(1) of the Criminal Code; and".
Motion No. 12
That Bill C-68, in Clause 4, be amended by replacing lines 17 to 18, on page 5, with the following:
"wise constitute an offence under section 106.4 or 106.5 of this Act or subsection 103(1) of the Criminal Code."
Motion No. 35
That Bill C-68, in Clause 18, be amended by replacing lines 5 and 6, on page 16, with the following:
"sal in accordance with this Act,".
Firearms Act June 12th, 1995
Mr. Speaker, my amendments deal with the registration system.
During the appearance of witnesses before the standing committee, I recall asking a criminologist how the registration of rifles and shotguns would reduce the criminal use of those firearms. I was surprised at his answer. He said that we would probably see no effect in this area for 15 years. That was the closest we could get to seeing any impact on the whole area of deaths by gunshot wounds during the four weeks of testimony before the committee.
When we look at the registration of firearms, before the system can register one single firearm we have to licence all the owners under the provisions of clause 5 of the bill. Clause 5 requires the chief firearms officer to take cognizance of the criminal record of the individual, the mental health record of the individual and a neighbourhood check as to the record of the individual to determine whether there is any violence in that individual's history. Before getting to the registering of firearms the owner of the firearm must first satisfy the chief firearms officer that he or she is eligible to own a firearm in accordance with the criteria set out.
When we look at the cost of this it is not unlike the procedure followed to obtain an FAC today. If we look again at the cost of the FAC the Toronto metro police board did an analysis of the cost for an FAC during 1994 and it came to $185. If that is the cost to register or license an individual and it is going to have to go through a similar process and cost a similar amount, then we are looking at three million gun owners multiplied by $185 which comes to $550 million before a single firearm is registered. The cost of this whole thing will be far greater than the $85 million suggested by the justice department.
Then we have to look at the possibility that a gun owner may not meet the criteria. If the gun owner does not meet the criteria what happens to his firearms? It means he cannot get a licence to own them, therefore he cannot own them. What happens to those firearms? We never got a clear response, at least I did not, from the witnesses including justice officials on that question. Some said they might be allowed to sell them or export them.
If a person is not eligible to hold a licence to own a firearm it means it would be dangerous to allow them to continue to own a firearm. It seems very clear to me that it would be the responsibility and duty of the police to remove those firearms from the possession of that individual if that individual does not meet the criteria to hold a licence. That issue has not been clarified well enough.
There is the issue of cost before a single firearm is registered. If the individual does meet the criteria and receives a licence then there is the added cost of registering the firearm. To suggest it is going to cost $10 to register a firearm is utter nonsense. What can we register for $10 today?
Although it may only cost the firearms owner $10 it is going to cost the taxpayer a lot more for the police or whoever is transferring the information and identifying features from the firearm into the system itself and then issuing a registration certificate. No one has assured the committee or assured me that it is going to cost less than $10. I will have more to say on this during the final debate at third reading.
We must seriously look at the whole registration system. No evidence, not even a smidgen has been produced that we could consider from a common sense point of view that the registration of a rifle or a shotgun is going to reduce the criminal use of that firearm. If all of the firearms in the country were registered now, what would stop the suicides? As our hon. colleague from Kamloops indicated, what would stop those individuals who lose their sense of responsibility through drug abuse, alcohol abuse or simple anger and despair? What would cause them to be less likely to use a firearm simply because it is registered? It does not make sense.
I ask all hon. members to consider these amendments that deal with that aspect of Bill C-68. We say it is not going to work so why go forward with it?
We asked the government to bring forward those portions of the bill that get tougher on the criminal use of firearms. There is not anyone in this House or anyone in Canada who would not immediately support that aspect of the bill. The government has failed to do so. That saddens me and many of my colleagues on this side of the House.
Petitions June 12th, 1995
Mr. Speaker, I rise pursuant to Standing Order 36. It is my privilege to present 17 petitions containing well over 15,000 signatures of Canadians who are opposed to Bill C-68.
The petitioners are requesting that Parliament not attack the recreational firearms community and that it support legislation that severely punishes one who uses a weapon, including a weapon other than a firearm, protects the rights and freedoms of the law-abiding recreational firearms community to own and use firearms responsibly, passes careful scrutiny to see that it will improve public safety in a cost effective manner, and repeals present firearms control legislation, which features tortuous language and has been characterized by the courts as one of the most horrifying examples of bad draftsmanship.
As we draw to the close of the debate on Bill C-68 this week because of time allocation invoked by the government, let these petitions serve as a reminder that the minister does not have the support of these nor millions of other Canadians.
Firearms Act June 12th, 1995
moved:
Motion No. 170
That Bill C-68, in Clause 133, be amended by deleting lines 29 to 31, on page 70.
Motion No. 207
That Bill C-68, in Clause 133, be amended by replacing line 42, on page 87, with the following:
"a prohibited firearm or a restricted firearm the serial number on which has been."
Motion No. 215
That Bill C-68, in Clause 133, be amended by replacing line 37, on page 98, with the following:
"ly possess the firearm and, where the firearm is a prohibited firearm or a restricted firearm, a registration".
Motion No. 216
That Bill C-68, in Clause 133, be amended by replacing line 21, on page 99, with the following: b ) in the case of a firearm, which is a prohibited firearm or a restricted firearm, a registration''.
Motion No. 218
That Bill C-68, in Clause 133, be amended in the English version by replacing line 37, on page 100, with the following:
"thing and, in the case of a seized firearm, which is a prohibited firearm or a restricted firearm, a".
Motion No. 224
That Bill C-68, in Clause 133, be amended by replacing lines 44 and 45, on page 106, with the following:
"cate is, if certified as a true copy by a chief firearms officer, admissi-".
Motion No. 225
That Bill C-68, in Clause 133, be amended by deleting lines 39 to 46, on page 107 and lines 1 to 27, on page 108.
Firearms Act June 12th, 1995
moved:
Motion No. 112
That Bill C-68, in Clause 76, be amended by replacing line 22, on page 41, with the following:
"a chief firearms officer who".
Motion No. 113
That Bill C-68, in Clause 77, be amended by replacing lines 40 and 41, on page 41, with the following:
"(i) direct the chief firearms officer to issue a licence, registration".
Firearms Act June 12th, 1995
moved:
Motion No. 110
That Bill C-68, in Clause 75, be amended by replacing lines 33 and 34, on page 40, with the following:
"order, if the order is directed to a chief firearms officer who was".
Firearms Act June 12th, 1995
moved:
Motion No. 104
That Bill C-68, in Clause 71, be amended by replacing lines 26 to 28, on page 38, with the following:
"province."
Motion No. 105
That Bill C-68, in Clause 72, be amended a ) by replacing line 30, on page 38, with the following: a ) a chief firearms officer'' b ) by replacing line 20, on page 39, with the following:
"officer or provincial minister under".
Motion No. 106
That Bill C-68, in Clause 73, be amended a ) by replacing line 29, on page 39, with the following:
"chief firearms officer or provincial" b ) by replacing line 37, on page 39, with the following:
"firearms officer or provincial min-".
Motion No. 108
That Bill C-68, in Clause 74, be amended a ) by replacing line 11, on page 40, with the following:
"firearms officer, or provincial"; b ) by replacing lines 13 and 14, on page 40, with the following: b ) direct the chief firearms officer to issue a licence, registration''.
Firearms Act June 12th, 1995
moved:
Motion No. 95
That Bill C-68, in Clause 64, be amended by replacing line 39, on page 34, with the following:
"64. A registration certificate for a prohibited firearm or a restricted firearm".
Motion No. 97
That Bill C-68, in Clause 65, be amended by replacing lines 28 to 31, on page 35, with the following:
"shall give notice of that decision in the prescribed form to the individual."
Motion No. 98
That Bill C-68, in Clause 67, be amended by replacing line 12, on page 32, with the following:
"67. A chief firearms officer may refuse to issue a".
Motion No. 99
That Bill C-68, in Clause 68, be amended by replacing line 39, on page 36, with the following:
"(2) A chief firearms officer may revoke an authoriza-".
Motion No. 100
That Bill C-68, in Clause 69, be amended a ) by replacing line 42, on page 36, with the following:
"69. (1) A chief firearms officer" b ) by replacing lines 2 to 5, on page 37, with the following:
"a prohibited firearm or restricted firearm held by an individual where the chief firearms officer decides under section 65 that the firearm is not being used for".
Motion No. 101
That Bill C-68, in Clause 70, be amended by replacing lines 21 to 25, on page 37, with the following:
"or authorization to transport, a registration certificate, authorization to export or authorization to import, the chief firearms officer shall give notice".