Mr. Speaker, last year I voted in favour of a private member's bill put forward by the member for Portage—Lisgar that would have done away with the long gun registry. That bill was a blunt instrument; however, it restricted itself to eliminating the need to register long guns. Now in front of Parliament we have the government's Bill C-19, which is not only a blunt instrument but a wrong-headed and meanspirited instrument, a bill that would drive a greater wedge between rural and urban Canadians.
The Conservatives are supposed to be the Government of Canada, a truly national government that is supposed to govern for all Canadians, not just the less than 40% who voted for it.
I have never hidden my position on the long gun registry. My position has always been that the long gun registry does not belong in the federal Criminal Code. Provincial, territorial and aboriginal governments should be the ones to determine how long guns are registered in their various jurisdictions. In 2000 the Supreme Court agreed with that position and said that every government has the right to register firearms. Firearms registration is not something that goes against our laws; it fits with the property laws of the provinces, and it would not be within the Criminal Code if the provinces took it over.
Bill C-19 goes against my position because the data would be destroyed without those other governments first being asked if they wished to use the data as the basis for their own registries.
The government has foisted upon Parliament a bill that is a slap in the face to Canadians in those parts of the country that favour a long gun registry, like Quebec. Before the federal registry, Quebec even had a plan to put in its own provincial registry.
The Conservatives claim they have to destroy the data because of privacy concerns that would make it impossible to transfer the data. I asked the Privacy Commissioner about this aspect. Here is her response:
Generally, s. 8(2)(f) of the Act permits the disclosure of personal information “under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province ... for the purpose of administering or enforcing any law or carrying out a lawful investigation.” Therefore, in appropriate circumstances, an information sharing agreement or arrangement put in place for the purpose of administering or enforcing any law (including provincial law) could assist to ensure any transfer of personal information was in conformity with the Privacy Act.
For those on the other side, this means that as long as there is an agreement allowing the transfer of the information, there are no Privacy Act concerns.
This ill-considered bill would cause farmers, hunters and trappers nothing but headaches and cost all Canadians more money in the end.
One of the advantages of a registry is that it provides an accurate means to show lawful transfer of firearms, but confusion will be the order of the day after the passage of Bill C-19. For instance, the Conservatives have not taken the safe storage provisions out of the Criminal Code. They remain, and will likely be more rigidly enforced by the police in the future.
Because of this poorly thought out bill, a number of important questions will have to be answered. For example, will someone who lends his or her gun to someone else be responsible for its proper storage? If a person gives a family member a gun and does not record that transaction in a proper fashion, will that individual still be liable for any unfortunate results of unsafe storage? Will the individual end up with a criminal record because he or she will have no simple, legal and effective way to mark this transaction?
It is vital to offer something for gun owners to reduce liability in sale, possession, responsibility for safe storage, and transfer of ownership. An effective, simple and reliable non-criminal registry at the local government level is something the vast majority of Canadians can accept and should be entitled to, without having to pay for it all over again; however, because the Conservatives did not think this through, by the time Canadian firearm owners begin dealing with these headaches, the data will have been destroyed.
The bill means that gun owners who live in those parts of Canada that want the registry will have to go through the process of re-registering their guns. Reburdening gun owners like that shows exactly how little the Conservatives have thought the bill through.
If Bill C-19 passes as presented, provincial, territorial or aboriginal governments that want to establish a registry will have to go back to square one, at great taxpayer expense, and redo the whole thing.
Gun owners in the jurisdiction will be forced to fill out more forms and pay more fees. Police will have to wait years to have a useful tool to work with. One province has already said that it wants to reconstitute a provincial registry, that being Quebec, and more may consider the options too. No one will end up with a criminal record by failing to comply with these provincial or territorial registries.
Because of the flaws in the bill and because I support the purpose of getting the bill out of the Criminal Code, I intend to move amendments that would put in place a three-year waiting period before the data could be destroyed. The Conservatives claim the NDP government, if elected in 2015, would want the data preserved to recreate the registry. My amendment would see that the data that was not picked up by the provinces would be destroyed in 2014.
As an aside, it is pleasing to hear that even the Conservatives could recognize the potential for the next election.
My amendments would require the government to consult with the provinces, territories and aboriginal governments to see if they wanted to recreate their own non-criminal registries.
Finally, my amendments would require that the data for those jurisdictions that wanted a registry would be transferred to the respective governments. This amendment would save Canadians hassles and money.
What we have in front of us is a government that is full of its own majority. It is full of the direction that it can take without responding to the needs of Canadians. It is a government that wants to do everything its own way.
When we talk about a band of lemmings charging over hill, it strikes me that is what is happening with the registry right now.
There are important and significant legal issues with the bill. They are issues that take time to debate and understand. We have seen the Conservatives put closure on the debate.
I am sure we will see the bill go to committee. I hope at that point in time the Conservatives will listen to reason and will take the time to understand the issues that are presented with the creation of Bill C-19.
The effort to remove the long gun registry from the federal Criminal Code is a useful thing to do. What has been layered on top of it is a slap in the face to co-operative federalism, to registered gun owners who wish to have some measure of liability protection as easily as possible and to a lot of Canadians.
The government does not have to do this. It does not have to be didactic about this. It should understand that it is making laws that will affect the lives of Canadians and legitimate gun owners and impact the liability of many people. It can make the right choice and support an amendment which would allow the data to be shared with the rest of the country, with the other jurisdictions that have a right to the data, as the Supreme Court said in 2000.
The government can do that. It does not have to turn its back on Canadians. It does not have to turn its back on the provinces. It does not have to act with its shirt full. It does not have to act puffed up and proud of what it is doing. It can act civilly for Canadians.
If it wants the approbation from other political people in the country, then the government should act civilized, do the right thing and follow the amendments.
