Wayne Easter

[Questions Passed as Orders for Return, March 13th, 2015]

With regard to the Correctional Service of Canada: (a) what is the current policy on the use of administrative segregation; (b) what changes to this policy are being considered; (c) who has been consulted with regards to any proposed changes, and when did these consultations take place; (d) has the Correctional Service of Canada received any analysis or advice on the constitutionality of the current administrative segregation policy and, if so, (i) when was it received, (ii) who provided the advice, (iii) what were the results or recommendations; (e) what is the proposed timeline for announcing any such proposed policy change; (f) what is the proposed timeline for implementing any such proposed policy change; (g) how many inmates will be affected by any such proposed policy change, broken down by (i) facility type, (ii) location; (h) what additional public costs are projected to be incurred as a result of any such proposed policy change; and (i) what are the titles, dates, and file numbers of any reports, memoranda, briefing notes, dockets, studies, or other records pertaining to any such proposed policy change?

[Questions Passed as Orders for Return, March 13th, 2015]

With regard to the Government Operations Centre: for each protest or demonstration reported to the Centre by government departments or agencies since June 5, 2014, what was the (i) date, (ii) location, (iii) description or nature, (iv) department or agency making the report?

[Criminal Code, March 10th, 2015]

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.

[Criminal Code, March 10th, 2015]

You certainly wouldn't know.

[Criminal Code, March 10th, 2015]

Mr. Speaker, I have somewhat the same concerns as raised by my colleague the critic for the NDP. Who has the member talked to with respect to the police? I am getting an entirely different story from the police organizations to which I have talked.

My question relates to the facts and why this bill is here. Has the member researched how many charges have already been laid against individuals under this section for BB guns and pellet guns? Is the member talking about a huge concern?

[Questions on the Order Paper, February 27th, 2015]

With regard to changes to the Large Business Audit Program, whereby audits may be performed by Canada Revenue Agency offices in cities other than the location of the business audited: what has been the effect of these changes for audits conducted after the change compared to those conducted before, particularly in terms of penalties, fines, and revenue collected per audit?

[Anti-terrorism Act, 2015, February 19th, 2015]

Mr. Speaker, the member is absolutely correct. There are certain areas, and I cannot think of the section, in the original Combating Terrorism Act extended in 2007, that have not been utilized. One should note that some of the current arrests were made under the old legislation.

Be that as it may, the point she has raised comes back to my original point. What is really needed is a lot of oversight, and we have expressed this at committee. Questions can be raised of the national security agencies. Why are they not using current laws? Is there a reason? Is there a problem on the prosecution side? Is the law not strenuous enough? Is the threshold too high?

It comes back to the whole substance around my remarks in which we would put members of both Houses on an oversight committee with expertise in the field, who could see classified information, who could ask the hard questions on a day-to-day basis of those security agencies to ensure that they were using the laws available, that they were doing their job and that they were not overextending their powers and getting into civil liberties and undermining our freedoms and values.

[Natural Resources, February 19th, 2015]

Mr. Speaker, I rise on a point of order. I really do not know whether that was a legitimate point of order on the part of the whip for the Conservative Party. That seemed to me to be a ministerial statement.

If the Prime Minister is going to make that announcement, he should be making in the House of Commons. This is where the issue is debated. On the very bill that we are debating today, Bill C-51, the Prime Minister had a grand show in Richmond Hill and went over the top in terms of pointing out that there was terrorism under every rock. That announcement should have been made here, too.

There is a problem with the way the government is operating, and that is that these kinds of announcements should be made in the chamber. which is called the House of Commons, so the official critics in the opposition parties can respond to that right away. This is just getting to be propaganda and messaging on the part of the Prime Minister rather than doing our job in Parliament as we should.

[Anti-terrorism Act, 2015, February 19th, 2015]

Mr. Speaker, there are a lot of areas of concern in the legislation that we think go too far.

The member for York West mentioned the fact that it says in the bill:

For greater certainty, it does not include lawful advocacy, protest, dissent and artistic expression.

The word “lawful” really changes the ability of certain activist groups to show their dissent in many ways. We are going to ask the experts. We may put forward an amendment to remove that word.

In fairness to the House, I think we have between 26 and 30 amendments at the moment on technicalities in the bill. Therein lies the reason we need sound, robust parliamentary hearings with legal experts and people who work in the security field. It is to make sure that we get the bill right in all areas.

I would again emphasize the three key areas we are asking for: sunset clauses to allow certain laws to cease to exist; a statutory mandatory review, so we can look at the good, the bad, and the ugly in the bill down the road; and parliamentary oversight, as our Five Eyes partners have in their democracies around the world.

[Anti-terrorism Act, 2015, February 19th, 2015]

Mr. Speaker, I respect the member immensely. I actually quite enjoy being on a number of panels with him.

I think all we really have to do in response to that question is go to the article with the extensive number of signatures in today's Globe and Mail, entitled: “A close eye on security makes Canadians safer”.

Four former prime ministers signed that paper. I did myself, as well as a number of others who have been justice ministers and solicitors general. It is actually calling for more oversight.

The difference between the Liberals and the NDP is that we have been in government. We have made the hard decisions on public safety. We know that there are hard decisions, when the terrorist threat is higher, on public safety issues.

However, when we were in government, we also balanced that legislation. We believe this legislation can be balanced yet again. It can be amended to improve it. It can be balanced with sunset clauses, mandatory reviews, and oversight to make it better legislation to ensure that the security agencies really do what they ought to do.

If that does not happen, if the government does not accept our amendments, then we will put those three key amendments in our election platform, and Canadians will have the opportunity to decide on the balance of national security and civil liberties.