44th Parl. 1st Sess.
May 17, 2023 02:00PM
moved that Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be read the third time and passed.
25 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I would like to begin by acknowledging that we are gathered on the traditional unceded territory of the Algonquin Anishinabe people. I also want to acknowledge the impact colonial practices have had on indigenous peoples, from overincarceration to overrepresentation in foster care and missing and murdered indigenous women, girls and two-spirit people.
Today, we begin third reading on Bill C-21, a bill that has been greatly improved through consultation with Canadians and indigenous peoples and in co-operation with the Bloc Québécois and the New Democratic Party. I wish more Canadians watched what happens at committee. It has been my experience throughout my time in this place that legislation has been improved at committee, and Bill C-21 is no exception. The bill we have before us today reflects that work.
Before talking about the bill itself, I would like to talk about some of those changes. The member for Avignon—La Mitis—Matane—Matapédia is an exceptional parliamentarian, and I have had the pleasure of working with her for three and a half years now. She introduced important amendments, including the requirement for a possession and acquisition licence, or PAL, to purchase, transport and export or import cartridge magazines. This was an ask made by a number of stakeholders, but none more loudly or more courageously than the Danforth Families for Safe Communities.
Their story is tragic and well known, but we all know that the gun used that night on Danforth Avenue was a legally imported handgun that had later been stolen from a gun shop in Saskatchewan. The Danforth shooter then walked into a sporting goods store and legally bought seven magazines for his gun, with no questions asked, simply because a PAL was not required for him to buy them. That will no longer be possible now that these amendments have been adopted and once the bill becomes law. Let us think about that. Prior to these amendments, people did not have to prove that they had licences to purchase and own firearms in order to buy the thing that literally holds the bullets. That changes now.
This major amendment was passed unanimously. To be clear, it will not affect those licensed to carry a firearm. It will ensure that those who are not licensed to possess a firearm cannot legally buy cartridge magazines. Requiring gun owners to show their licences to purchase magazines just makes sense. People do not need magazines if they do not have licences to own a gun.
We also heard from the airsoft industry that the bill went too far and that the industry was willing to work with the government to regulate its sport. An amendment initiated by the member for Cowichan—Malahat—Langford passed, so the clause deeming airsoft guns to be prohibited devices was removed from the bill. Thanks go to the airsoft community for working productively with our government to find a compromise that would ensure public safety is upheld while allowing the sport to be regulated.
Gun control is a women’s issue. 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. Access to a firearm increases the likelihood of femicide by 500%. The Ontario coroner's death review panel said that 26% of women who were killed by their partner were killed using a firearm.
I have heard from such groups as the Lethbridge YWCA, which told me that every single woman who came to its shelter had been threatened by a partner with a firearm. They are among the nearly 2,500 women victimized in this way over the last five years. Intimate partner violence accounts for nearly 30% of all police-reported violent crime in Canada, and that number rose during the pandemic. In my riding and across the country, such local organizations as Halton Women's Place are helping to shine a brighter light on the dangers of gun violence.
Over the last eight years, as a country, we have also become more aware of the role that coercive control plays in abusive relationships. When firearms are added to the mix, it is a recipe for continued physical, emotional and psychological abuse. In coercive control, a man might use a gun to control a woman without ever pulling the trigger. Such control is real, and it happens every day. An Oakville resident sent me a note that stated, “Let me just say that you can endure the physical and emotional abuse, but when he pulls out a double-barrelled shotgun, loads it and tells you he is going to kill you, then you know true terror. Thank you for looking out for the victims before they become statistics.”
Our government has been advocating for women and will continue to do so. Through Bill C-21, we are taking additional steps to support survivors of intimate partner violence who have been threatened with or who have been on the receiving end of violence with a firearm.
The Bloc Québécois, New Democratic Party and Green Party all put forward amendments to strengthen the intimate partner violence provisions of Bill C-21. The National Association for Women and the Law tweeted on Monday that they were “pleased that virtually all the amendments [they] proposed were adopted, some unanimously!” These amendments will make women safer.
During the clause-by-clause process, we included an amendment to further define a protection order. A protection order:
...is intended to include any binding order made by a court or other competent authority in the interest of the safety or security of a person; this includes but is not limited to orders that prohibit a person from:
(a) being in physical proximity to an identified person or following an identified person from place to place;
(b) communicating with an identified person, either directly or indirectly;
(c) being at a specified place or within a specified distance of that place;
(d) engaging in harassing or threatening conduct directed at an identified person;
(e) occupying a family home or a residence; or
(f) engaging in family violence.
Protection orders are imperative to keep women safe. By setting minimum standards in the bill, people who have been subject to a protection order will now be ineligible to hold a firearms licence. We know that when a woman leaves an abusive partner, the first day is the most dangerous and violent. That is why there is an amendment to ensure that firearms are removed within 24 hours.
I thank the National Association of Women and the Law for their leadership on these amendments. Because of these changes in the bill, we will save women’s lives.
I am particularly pleased that the red-flag provision of the bill remains, ensuring that those concerned about a firearms owner being a danger to themselves or others can now apply to a judge for an order to immediately remove firearms from an individual who may present such a danger. Dr. Najma Ahmed from Canadian Doctors for Protection from Guns stated this:
We support the proposed “red flag” law. Family members, physicians and concerned individuals must have access to an efficient process to quickly have firearms removed from someone who may be at risk to themselves or others.
In Canada, suicide accounts for about 75% of gun deaths. A gun in the home increases adolescent suicide rates by threefold to fourfold. Evidence from other jurisdictions shows that “red flag” laws are effective in reducing firearm suicides.
Most people who survive a suicide attempt do not go on to die by suicide. This is why restricting access to lethal means saves lives. Suicide attempts with a gun are almost uniformly fatal.
The provision will also ensure that women who cannot go to the police have another tool to remove the firearm from their home. To support these new red-flag provisions, Public Safety Canada will establish a program to help raise awareness among victims about how to use the new protections. A guide about how to submit an application to the courts and the protections available could be developed, and the program would fund services to support individuals’ applications throughout the court process. It would support the most vulnerable and marginalized groups, including women, people with mental health issues, indigenous groups and other racialized communities, to help make certain that the red-flag laws are accessible to all, particularly those who may need it most. The government would also make available $5 million through a contribution program to ensure support and equitable access.
It is also important to state unequivocally that the fiduciary duty of peace officers under common law continues in force, notwithstanding the ability for any person to make an application for an emergency prohibition order. Simply put, police will still be required to do their job of removing guns from dangerous individuals. As I said, it just provides one additional tool for people to use, especially if calling the police is not an option.
In addition, an important amendment introduced by the government is a non-derogation clause. It states Parliament's intent that:
The provisions enacted by the Act [following Bill C-21] are to be construed as upholding the [aboriginal and treaty] rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.
Nothing in Bill C-21 would take away from section 35 rights; the Constitution still remains the law of the land.
While I know that he opposes the bill itself, I appreciate the way the member for Bruce—Grey—Owen Sound worked with all parties to include an amendment that further spells out what has already been allowed in practice. Namely, ensuring that anyone with a handgun is able to temporarily store their firearm with a business or individual who also possesses an RPAL for any reason. This includes if an individual recognizes that they are experiencing a mental health crisis and do not want to have access to their firearm.
This example was one that was particularly important to the member for Bruce—Grey—Owen Sound and to many of whom he spoke, including some veterans. I commend him for the way he conducted himself and the important addition he made to clarify the provisions related to the authorizations to transport in the Firearms Act. It is unfortunate that all members of the Conservative Party were not as constructive.
In particular, the member for Red Deer—Lacombe chose to politicize the requirement for a PAL to buy a magazine and attacked me while I shared the Danforth Families for Safe Communities' story. The member proceeded to post our exchange on social media saying that I had compared every hunter in Canada to the Danforth shooter, and that every single hunter should take note of what I think about them.
That is not what I said, but thanks to this member's misrepresentation, my direct messages have been filled with threats and misogynistic comments that use language I cannot repeat in the House. This kind of disinformation is typical of the Conservative Party throughout the debate.
The Conservative public safety critic and others continue to spread the false claim that Bill C-21 is targeting hunters. This is fearmongering. I have noticed that the Conservative Party prefers this approach of spreading fear to make Canadians fearful of leaving their homes, using our parks or taking public transit, and fearful of each other.
We are focusing on protecting Canadians and doing the hard work it takes to keep them safe. Conservative politicians prefer to fearmonger and speak in catchy slogans, rather than taking action to prevent crime, keep women safe and remove weapons designed for the battlefield from our streets.
I would now like to turn to other provisions found in Bill C-21. Canadians have been calling upon successive governments for reform and stronger gun control, and in May 2020 we took additional action through an order in council to ban over 1,500 models of assault-style firearms, including the AR-15.
As U.S. Major General Paul Eaton, retired, has said, “For all intents and purposes, the AR-15 and rifles like it are weapons of war.” These weapons, designed for the battlefield, have no place on Canadian streets. I have a question for the Conservative Party: Would it make the AR-15 legal again?
Through Bill C-21, we are building on the work done in 2020 to offer a prospective technical definition to ensure that, in addition to the weapons banned in 2020, no future similar weapons will ever be able to enter the Canadian market. Furthermore, the Minister of Public Safety has committed to taking action through regulation to take the burden away from firearms owners to make manufacturers responsible for classifying firearms. This responds to recommendations of the Mass Casualty Commission. Doctors for Protection from Guns called the definition “A victory for science, public health, and Canadian values...to permanently ban future models of assault weapons.”
In addition, we are implementing a national freeze on handguns to prevent individuals from bringing newly acquired handguns into Canada, and from buying, selling and transferring handguns within the country, a freeze which, through regulations, has been in effect since October 2022.
It was actually Ken Price of the Danforth Families for Safe Communities who was one of the first proponents of implementing a national freeze on handguns. When Ken testified at committee he stated:
In summary, there's clear evidence on the association between access to handguns and endemic gun violence, and access to semi-automatic weapons and large-capacity magazines and multiple mass shooting events. There is good evidence that the restriction of access to these weapons reduces endemic gun violence and reduces the number of victims of multiple mass shooting events.
Ultimately, it's a choice society has to make. What guns are permissible? What should we allow access to? What level of gun violence are we willing to accept in our community?
Our government is making that choice with Bill C-21. We cannot and will not tolerate gun violence in our communities, while we continue to respect those who hunt for sustenance, sport or tradition.
Bill C-21 would also address illegal smuggling and trafficking at the border by increasing criminal penalties, providing more tools for law enforcement to investigate firearms crimes and strengthening border security measures. Chief Evan Bray of the Canadian Association of Chiefs of Police testified at committee in support of these provisions, saying:
“With regard to firearms smuggling and trafficking, we support the implementation of new firearms-related offences, intensified border controls and strengthened penalties to help deter criminal activities and to combat firearms smuggling and trafficking, thereby reducing the risk that illegal firearms find their way into Canadian communities and are used to commit criminal offences. The CACP welcomes changes that provide new police authorizations and tools to access information about licence-holders in the investigation of individuals who are suspected of conducting criminal activities, such as straw purchasing and weapons trafficking.”
We need to remember that Bill C-21 would take a multipronged approach that addresses gun violence. This would include increasing penalties for illegal gun smugglers, freezing the sale of handguns, taking action to address the proliferation of ghost guns and introducing measures that make it safer for women to leave abusive relationships.
I am very proud to be part of a government that has passed Bill C-71, and that now, hopefully, will pass Bill C-21. I have heard from Canadians who applaud what we are doing with this bill. They have thanked us for our work on this, saying that guns and ease of access will never be more important than human lives and public safety, and that the bill would protect thousands of people’s lives.
Wendy Cukier of the Coalition for Gun Control, who has been working on this issue for over 30 years, said:
No law is ever perfect but Bill C-21 is a game changer for Canada and should be implemented as soon as possible. The law responds to most of the recommendations of the Mass Casualty Commission and the demands of the Coalition for Gun Control...which, with more than 200 supporting organizations, has fought for stronger firearm laws for more than thirty years.
I would be remiss if I did not also acknowledge the work that PolySeSouvient has done for over 30 years to make our country safer. Its advocacy work grew from the misogynistic slaughter of women at Polytechnique in 1989, and I have the utmost respect for their dedication to gun control.
I want to close by giving special thanks to the Liberal, Bloc and NDP members of the public safety committee, who worked together, at times into the wee hours of the night, to ensure that the bill we have before us is better than when it started. I thank the New Democratic Party and the member for New Westminster—Burnaby, and the Bloc Québécois and the member for Avignon—La Mitis—Matane—Matapédia. I also have to give a special shout-out to Sarah Thomas, Conor Lewis and all the staff, without whom we as members could not do our jobs. I thank the minister and his team for their herculean efforts on this bill, and the Prime Minister, for making gun control a central policy of our government.
We will vote on this bill tomorrow. It will be a legacy for this government, one that I am incredibly proud of.
2996 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:01:11 p.m.
- Watch
Mr. Speaker, I will say that, growing up, hunting was essential for our family. I am from a military home. My dad is Métis, and I know that the indigenous people do not just want amendments. They want the bill removed.
I will quote Chief Jessica Lazare from the Mohawk Council of Kahnawake. She says, “the lack of in-depth and comprehensive consultation with indigenous communities is demonstrated in the incoherence and inconsistency of this bill”.
I know that, of my constituents, there are many who are firearms owners. They know they are careful. They are law-abiding, and they feel they are personally being attacked because the Liberals want to point and show they are being really strong on crime, when it is a disaster. They have a terrible record, and it is going up.
Will the Liberal member not recognize how this is essentially virtue signalling and how it would not make our streets safer?
161 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:02:11 p.m.
- Watch
Mr. Speaker, there is so much to unpack in that. Perhaps the member needs to read the amendments that were done at committee, which include a clause that would ensure that indigenous people's section 35 rights are still in place. There is nothing virtue signalling in this bill, and I am sure the hon. member does not want to forget about the 75% of Canadian suicide victims who died by firearms.
This bill would tackle suicides, intimate partner violence and gun crime. There are many aspects to firearms deaths in this country, and that is why I am proud of the work we are doing in this bill, which would actually save lives.
114 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:03:02 p.m.
- Watch
Mr. Speaker, I want to thank my colleague for her co-operation throughout the study of this bill. I really appreciated working with her and her team. I know that she has been working for better gun control in this country for a number of years.
It was clearly the government's intention to ban assault weapons. The government's first attempt failed. The second attempt was somewhat watered down compared to the first. As we have discussed at length, the proposed definition is prospective, meaning that hundreds of assault-style weapons remain in circulation in the country.
In response to that, the minister told us that he was going to re-establish the Canadian firearms advisory committee and ask for a recommendation on how it could classify firearms. Handing this over to experts is not a bad idea. However, of the 482 firearms, the government itself identified those that could potentially be used for hunting. It identified a dozen.
Why not immediately ban the other 470 using an order in council? That is the proposal I made to the minister. I would like to know what she thinks.
191 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:04:17 p.m.
- Watch
Mr. Speaker, I want to thank my colleague. I wish I could answer her question in French.
However, with regard to the firearms in question, as the hon. member knows, a number of those were included in the order in council, which was done in May 2020, and we know that the technical definition in the bill will ensure that future firearms are caught. For the 482, there would be the reconstituted firearms advisory council that would look at those to provide advice to the government, moving forward, to determine which of those should be included.
97 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:05:14 p.m.
- Watch
Mr. Speaker, I represent an urban riding in a major municipality, and I think that there is a pretty broad consensus in my constituency that people are in favour of strong, fair and rational gun legislation and restrictions. I think they understand the connection between the proliferation of guns and associated violence that comes from it, but at the same time, we do have a healthy number of people in my riding who engage in sport shooting or hunting, even though they live in an urban setting.
I wonder if my hon. colleague can tell us, as the first iteration of the bill did not draw a very good line in that regard, what improvements she would point to in the bill that would give assurance to people who do use firearms responsibly for hunting or sport purposes that they will be able to access the equipment they need to carry on with their legitimate activities.
156 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:06:16 p.m.
- Watch
Mr. Speaker, the hon. member mentioned that a number of Canadians feel that we are taking strong action on guns. How many are in support? It is 84% of Canadians who are saying that we are on the right track, including a majority of rural Canadians.
With regards to sport shooting, there is an exemption in the bill for those who participate in or are on a pathway to Olympic sports. As the hon. member likely knows, there will be regulations that will be developed around that, but the pathway is only for those who are on track to participate in the Olympics or the Paralympics. Nothing in the bill would impact those who are in the biathlon sport. That is what is in the bill, and that is what the member can tell his constituents.
136 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:07:14 p.m.
- Watch
Mr. Speaker, I thank the hon. parliamentary secretary for all of her work on this.
The member mentioned how difficult these discussions have been to get to the real crux of the matter. I am looking at a discussion I had with one of my constituents on December 2 of last year. He was talking about paintball cases, that 2,000 paintballs were $150 versus magfed at $30, and that the airsoft community had not been consulted at that time. He had served in the military. He knows that AR-15s should not be available anywhere in Canada, so he was approaching it from the recreational community saying that, at the time, we had not consulted them.
Could the hon. member comment on how much work there has been to get to the right level of consultation with the right people?
141 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:08:07 p.m.
- Watch
Mr. Speaker, airsoft industry representatives were extremely productive in their discussions with the government and with the committee. They were willing to work with the government to see their sport regulated. I had a number of conversations, as I know a number of members in this House did, with representatives of the airsoft industry. We will work with them. They are supportive of having a minimum age to purchase airsoft, and around transportation and storage.
I commend the airsoft industry for the way it worked with the government. As members know, the bill before us removed the prohibition for airsoft guns thanks to the NDP members, who put forward an amendment that was passed at committee.
116 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, unfortunately, I had the displeasure of sitting through the public safety committee and listening to a lot of the rhetoric that came from the other side, both NDP and Liberal, on this bill. Contrary to public opinion, it does not improve public safety. Contrary to the rhetoric coming from the parliamentary secretary, it does not improve public safety.
We did not hear from one group of individuals who supported red flag laws. In fact, PolySeSouvient, who were big fans of the Liberals up until the Liberals refused to listen to them, and 20 other national women's groups have asked to please not invoke red flag laws in Bill C-21, because they do not work. They put women victims at risk. I stood up and said that, from my experience, the current law works and it works well. Why are the Liberals so dogmatic and not listening to the Canadian public? We know the answer, because that is what they always do.
What is the explanation for why the Liberals will not listen to Canadians? Women's groups that used to support the government are saying to please remove red flag laws from this bill. Why have the Liberals not done that?
205 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:10:20 p.m.
- Watch
Mr. Speaker, I will correct the hon. member. We did hear, at committee, from Doctors for Protection from Guns, which did support red flag laws.
I would also remind the hon. member, when we are discussing red flags and other things to protect women, that he seems to ignore the fact that, in my riding of Oakville North—Burlington, at Halton Women's Place, the only women who go to the shelter when firearms are involved are married to police officers. The hon. member has claimed that individuals who were coming forward were actually making false claims with no evidence. He said his changes would have lowered the chance of those coming forward for nefarious reasons to make claims that are false.
Women who come forward with claims of violence in the home because of firearms are not making malicious claims. To try to belittle them is offensive.
149 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I cannot say that I am happy to be rising today to discuss this piece of legislation, but I am happy to be rising as a law-abiding firearms owner to defend my fellow law-abiding firearms owners.
How did we get here? I will put things in context so the people who might be watching at home know whom they are listening to. I am a member of Parliament for an urban-rural split riding in central Alberta. Half of my constituents live in Red Deer, the third-largest city in Alberta, and the other half live on a first nation reserve, or in a rural setting in Red Deer County, Lacombe County or Ponoka County, or in a small town, city or village therein.
I would consider the people I represent to be honest, hard-working, law-abiding folks who want their tax dollars spent wisely and want the freedom to pursue whatever they want to pursue in life. Many of them pursue various things that involve firearms, including hunting, farming on farms like the one I grew up on, where firearms are just a tool and an everyday part of life, or sport shooting. This is very popular in my constituency. There are numerous stores and vendors in central Alberta that supply firearms, ammunition and parts because of the demand that is there.
I can tell members that we do not have the problems that my colleague who just spoke talked about in her large urban centre, because we respect the law. We put policies in place at the provincial level, and when we are the governing party, we put laws in place that actually crack down on criminals. That is where the actual issue lies.
I can assure Canadians who might be watching at home that the firearms I own are doing nothing right now. They do not do anything until someone picks them up. The issue at hand is violent crime and who has access to firearms. There are numerous provisions in this bill, Bill C-21, that do not address, penalize or in any way affect the outcome of dealing with the wrong people getting a hold of firearms.
How did we get here? Over the course of the preceding decades, Canada was a country that was a rugged place to settle, and it is still a rugged place for some who live in rural areas or adjacent to wild areas or who are farming, involved in forestry, or doing something as seemingly innocuous as keeping beehives. Anybody watching at home who grew up with cartoon books would know that Winnie-the-Pooh was addicted to honey. This is not by chance. Bears often frequent these places, and good, honest people have bought firearms to protect themselves, many of whom were caught up in the order in council that came out a number of years ago.
It all started in the 1930s. If we go back that far, every single firearm and handgun in this country has been put in a registry, but that does not stop criminals from obtaining guns illegally. The government of the day, whenever it is Liberal or Liberal-leaning, seems to want to blame the law-abiding citizen, so, for decades, we have had a firearms registry and the government knows where all the lawfully owned handguns in this country are. Changes were brought in back when Jean Chrétien was the prime minister, including a long-gun registry, which was wasteful and ineffective. The government of the day said it would cost only $2 million, but it was actually closer to $2 billion. Of course, it did not do anything to address violent crime.
We have seen the current government, in its first mandate, put in place Bill C-75, which basically codified in law bail provisions that would let people out in the shortest amount of time with the smallest number of restrictions, and now we see what has happened with that.
What did Bill C-21 originally do? When the members of this House were invited to speak to the bill, it was simply the codification in law of an order in council to ban the transfer of handguns. Then, sneakily, the government decided to table-drop, back in November, a huge stack of amendments that had absolutely nothing to do with handguns. They were all about long guns, and of course the government bit off far more than it could chew.
The government managed to alienate almost all of its voting base when it comes to indigenous Canadians, who were offended by the fact that the firearms used by indigenous people were largely going to be caught up in amendment G-46, taking away their ability to use that firearm.
There was also an evergreen clause in G-4, and I am sorry to report that there is a new evergreen clause put in place that does virtually the same thing, with a minor exception, which I will explain in a few minutes, when I get back to what the problem actually is with the government's notions going forward on its new evergreen clause.
We all remember what happened. It was pretty obvious, because we heard the recordings from the Mass Casualty Commission. The government actually interfered. It took this mass casualty event in Nova Scotia and interfered in the investigation by demanding that the officers who were investigating at the time turn over information to advance a political agenda of the government of the day.
We know it is not about evidence. It is not evidence-based policy-making; it is policy-based evidence-making and evidence-finding, even if it interferes with a police investigation. That is why there is very little trust by law-abiding firearms owners in the intentions of the Liberal government, which is supported by the NDP, and what it is doing.
What is the problem? The problem is violent crime. In the last eight years, violent crime has risen because of the provisions that have been passed by the government when it had a majority and with the support of other left-leaning parties in this place. They passed numerous pieces of legislation, such as Bill C-75 and Bill C-5, that have basically eliminated any consequences whatsoever for people who commit crimes, so much so that violent crime in the last eight years is up 32% over what it was when the Prime Minister and his government inherited the government offices of this place.
More astonishing is this number: 94% increase in gang-related homicides. One would think that an almost doubling of the number of homicides by gang members would trigger a response from the government to crack down on organized crime, but it actually has done the opposite. The passages and clauses in the Criminal Code that would deal with people who are repeat violent offenders have largely been removed, as well as any semblance of a minimum sentence. I am not even talking about mandatory minimum sentences put in place by Stephen Harper when he was prime minister, and by the way crime went down over those 10 years, but I am getting to the point of the fact that numerous basic minimum sentences were removed.
These were put in place by people like Pierre Elliott Trudeau and Jean Chrétien. Of the 12 firearms-related clauses in that piece of legislation, 11 were actually put in place by previous Liberal governments, and the current version of the Liberal government has removed even the most basic minimum sentences for violent crime, including smuggling, firing a gun irresponsibly or even holding a gun to somebody's head for the purpose of extortion. It has removed any mandatory jail time whatsoever for those.
That is the tone and the signal Liberals have sent to the country. Why would criminals not want to increase their activity? There are no consequences, and this is the problem.
I will give an example of the illogic of what the government is doing right now. According to the RCMP's website, there are approximately 430 gangs in Canada with 7,000 members in those gangs. If we look at the average number of homicides committed by people associated with gangs over the last five or six years, it is about 50% of murders. Fifty per cent of murders are committed by gang members, or about 125 a year. There are 2.2 million licensed gun owners in this country. If we look over that same time period, we will see that they are charged for homicide about 12 times a year.
That is 12 out of 2.2 million people versus 125 out of 7,000 people. Who does the government go after? It goes after the 2.2 million. It does not make any sense whatsoever. If we do the math, a gang member is 3,300 times more likely to commit murder with a firearm than a law-abiding firearm owner is, yet the government focuses only on the law-abiding firearm owner.
Gary Mauser, professor emeritus, did an analysis for Statistics Canada that shows that Canadians who are not licensed firearms owners are still three times more likely to commit a homicide than a vetted, licensed gun owner is. For the people who are watching at home, the safest people in Canada for them to be with are legally vetted, law-abiding firearm owners who, at any time, could have their firearms taken away with any complaint lodged against them. That means that every firearm owner meticulously follows the laws of storage, the laws of transportation and the laws of safe discharge. As a matter of fact, we jokingly quip sometimes that gun control meetings are about making sure one's muzzle is always pointed downrange. That is what gun control is to a law-abiding gun owner. We follow all the rules because we do not want to risk losing our privileges, because the fact is that every firearm in Canada is illegal unless it is in the possession of somebody with a licence who is authorized to have that firearm.
We have to go through a renewal process every five years, during which our entire history, including our mental health history, our medical history and anything that might have happened before the courts is reviewed in detail. We wait months to get our licence renewed. Sometimes it is not renewed on time. This puts us in a situation, as law-abiding firearm owners, where we are now in possession of our firearms, which were legal one day, but of which, because of the incompetence of the government to process an application on time, we are now technically, according to the law, illegally in possession. We actually had a clause, when Stephen Harper was the prime minister, where people had a six-month grace period. I am very frustrated by the removal of that grace period, and I will get to that in a minute.
In committee, Dr. Caillin Langmann from McMaster University basically laid it out for everybody to see. His brief states:
The foregoing research papers are peer reviewed and conclude that Canadian legislation to regulate and control firearm possession and acquisition does not have a corresponding effect on homicide and suicide rates.
It also states:
I was asked to produce a review paper for the Journal of Preventive Medicine in 2021. This paper entitled, “Suicide, firearms, and legislation: A review of the Canadian evidence” reviewed 13 studies regarding suicide and legislative efforts and found an associated reduction in suicide by firearm in men aged 45 and older but demonstrated an equivalent increase in suicide by other methods such as hanging. Factors such as unemployment, low income, and indigenous populations were associated with suicide rates....
My conclusions are based on sound statistical analysis and information specifically related to Canada. I am not aware of any other Canadian research which uses reliable statistical models to dispute or disagree with my conclusions.
The brief also states:
Bans of military-appearing firearms, semiautomatic rifles and handguns, short barrel handguns and Saturday night specials in the 1990s has resulted in no associated reduction in homicide rates.
To summarize the results, no statistically significant beneficial associations were found between firearms legislation and homicide by firearm, as well as spousal homicide by firearms, and the criminal charge of “Discharge of a Firearm with Intent”....
Other studies have demonstrated agreement with my studies that laws targeting restricted firearms such as handguns and certain semi-automatic and full automatic firearms in Canada also had no associated effect with homicide rates. Canadian studies by Leenaars and Lester 2001, Mauser and Holmes 1992, and McPhedran and Mauser 2013, are all in general agreement with my study.
The issue is violent crime. It is about controlling violent criminals, controlling those people. One can control inanimate objects all one wants, but it will not change anything. Therefore, the “who” is not the problem. It is not hunters. Over eight million people in this country hunt and fish, contributing $19 billion annually to the GDP, and the order in council has already banned rifles used for hunting, some that even conservation officers use. I was a conservation officer. I was a national park warden and I was issued firearms for my duties. I was a park ranger in charge of a park in the province of Alberta and I was issued firearms for those duties as well. Every person I dealt with as a conservation officer was at least a camper who had an axe, a fisherman who had a knife or a hunter who had either a rifle or a bow and arrow. I had no trouble with those good people, no trouble whatsoever.
We are going to ban the very guns that conservation officers use, but they do not have those firearms. The Yukon government actually had to go around the order in council to buy firearms for its conservation officers, because those are the best firearms available to protect its officers from bears, mountain lions and all of the other issues that conservation officers face, because that is where the real issue lies.
It is very clear to me as a hunter, that, with the changes the Liberals have made, they are weasel words, especially the evergreen clause that deals with magazines. I laid it out very clearly at committee that anybody who wants to interpret it that way can say that, as long as a firearm can take a magazine that holds more than five rounds, it shall be banned. After this becomes law, we would end up in a situation in which, with guns that are functionally identical, one from 10 years ago and a new firearm, one would be prohibited and the other would still be legal. This is because of the clear lack of knowledge and understanding, when it comes to firearms, of people who do not own guns, making laws that simply do not work. We are going to have that scenario again.
However, if people think their gun is safe because they have an older gun that is not included in the new evergreen clause, they should think again, because the firearms committee that would be struck would still have the same authority to do a firearms reference table analysis and ban whatever guns it does not like.
I have news for everybody in this room. If we look at all of the hunting regulations in all of the provinces and territories in this country, a hunting rifle is a rifle that is in the hands of a hunter, used for the purposes of the hunt. It does not matter what it looks like; it just matters what the calibre of the bullet is, so the animal can be safely dispatched.
I could go on for literally a couple more hours and talk about the end of cowboy mounted shooting, cowboy action shooting, IPSC, all of these sports for all of these good people. They are mostly Filipinos there, by the way, when I go to an IPSC event. They are people who have moved here from a country that never allowed them to own firearms, but they have come here and taken up this sport and activity. They are frustrated because, when we take away the ability to transfer these handguns between law-abiding citizens, it will be the end of thousands of people's enjoyment of the sports that involve handguns. I look forward to answering some hopefully logical questions from around the room.
Before I conclude, I move:
That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), be not now read a third time, but be referred back to the Standing Committee on Public Safety and National Security for the purpose of reconsidering clauses 0.1, 1.1 and 17, with a view to ensure that the government cannot take away hunting rifles from law-abiding farmers, hunters and Indigenous peoples.”
2876 words
- Hear!
- Rabble!
- add
- star_border
- share
- May/17/23 5:31:11 p.m.
- Watch
The amendment is in order.
It being 5:32 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.
30 words
- Hear!
- Rabble!
- add
- star_border
- share
moved that Bill C-314, an act to amend the Criminal Code (medical assistance in dying), be read the second time and referred to a committee.
He said: Mr. Speaker, I am pleased to speak to my private member's bill, Bill C-314, the mental health protection act.
In its very essence, this bill is about reaffirming the dignity and worth of each and every human life. It is about recognizing that it is the most vulnerable among us, the disabled and the mentally ill, to whom we owe the greatest duty: to defend and protect their lives and to provide them with every possible opportunity to live life to the fullest.
Medically assisted suicide was legalized in Canada in 2015 by the Supreme Court's Carter decision and later under the Liberal government's Bill C-14. Under this legislation, medical assistance in dying, or MAID, as it is commonly called, was strictly limited to those consenting adults who had an incurable disease that caused enduring, intolerable suffering that could not be alleviated, and where natural death was reasonably foreseeable, which they call the foreseeability test.
At the time, the government and its supportive stakeholders assured Canadians that this was not a slippery slope, where the scope of MAID would continually be expanded to include more and more vulnerable Canadians. However, not surprisingly, in the intervening eight years since the Carter decision, the government has begun to expand Canada's MAID regime to include more and more defenceless Canadians, most particularly those living with disabilities.
In late 2019, a Quebec lower court judge in the Truchon case ruled that the foreseeability test I just mentioned was unconstitutional, requiring Parliament to respond with additional legislation. Sadly, the Liberal government chose not to appeal the Truchon case to the Supreme Court of Canada, presumably because the decision lined up with the Prime Minister's intent to dramatically expand assisted suicide to other vulnerable Canadians. This leaves us with the perverse situation in which the Supreme Court of Canada, the highest court in the country, has never been allowed to opine on whether the reasonable foreseeability test is constitutional.
In any event, the Liberal government responded to Truchon by tabling Bill C-7, which initially eliminated the foreseeability test but expressly excluded mentally ill persons from being caught up in its MAID regime. Here is what the justice minister said at the time:
The fact that there would be risk of ending the life of a person whose symptoms would have improved...is, in part, why we are of the view that it is safest not to permit MAID on the sole basis of mental illness.... There is also ongoing uncertainty and disagreement as to the potential impact on suicide prevention if MAID were made available to this group.
He went on to say:
...there is no consensus among experts on whether and how to proceed with MAID on the basis of mental illness alone. On a question of such importance and with so much uncertainty and expert disagreement, it is incumbent upon us to proceed with caution and prudence.
Those were our justice minister’s views until the unelected Senate suddenly introduced an amendment that expanded MAID to those Canadians whose sole underlying condition is mental illness. Sadly, the justice minister and the government accepted the amendment without protest and, overnight, became zealous proponents of assisted death for the mentally ill. What happened to the caution and prudence the minister was preaching? What about the impact on suicide prevention the minister was so concerned about? What happened to his view that it was safest not to permit MAID on the sole basis of mental illness?
I agree with the Minister of Justice on one thing, which is that, as he has said, this is indeed a complex issue and is deeply personal. It is deeply personal because it involves life, a precious human life.
I would remind the minister and his government that the issue is also profoundly simple; that is, the principle that all life, all human life is precious and worthy of defence and protection, especially for those who do not have the ability to speak for themselves and have no one to speak for them.
One of the primary functions of government is to protect its citizens, to protect life. In fact, the right to life is expressly enshrined in section 7 of our Charter of Rights. Sadly, the government's Bill C-7 fails to protect the lives of our most vulnerable. It removes the critical safeguards that the original euthanasia legislation included in response to the Carter decision. Removing those safeguards will have irreversible consequences for those who suffer from mental illnesses like depression.
What is equally disturbing is that the Liberal government has also signalled its intention to extend the so-called “treatment option” to minor children. That would arguably make Canada the most expansive, most liberal, assisted suicide jurisdiction in the world. Clearly we are on the slippery slope many of us warned about. Canadians have a right to conclude that the Liberal government has gone too far and too fast in its zeal to implement and expand the scope of assisted death.
My bill will reverse this momentum and repeal the government's decision to extend MAID to the mentally ill. It will put a full stop to the expansion of assisted suicide to mentally disordered persons. Let me be clear. My bill does not in any way reverse the rest of Canada’s MAID regime. Assisted death will remain available for those suffering from irremediable, incurable and intolerable illnesses and diseases. My bill is simply focused on reversing the government’s actions in expanding assisted suicide to include the mentally ill. It would arrest Canada’s slide into normalizing assisted death as an alternative treatment option, something so many of us had predicted would happen.
The evidence from mental health experts is very clear. Contrary to what our justice minister is now saying, there is absolutely no consensus in Canada that the mentally ill should be covered by Canada’s medically assisted death regime. In fact, here is what experts and other stakeholders in the mental health community are saying. John Maher, psychiatrist with Canadian Mental Health Association, states that:
Inducement to suicide while simultaneously denying mental health care to two-thirds of Canadians who urgently need it is an unconscionable failing.
Directly undermining suicide prevention efforts is an insidious and ablest perversion of our mental health care duty.
Drs. Ramona Coelho and Catherine Ferrier, co-founders of Physicians Together with Vulnerable Canadian, penned a statement that was endorsed by over 1,000 physicians. This is part of what it said, “Given that there is no medical evidence to reliably predict which patients with a mental illness will not get better, MAID for mental illness will end the lives of patients who would have recovered…Medicine …would fail in its mission if it were to deliberately end the lives of patients living with mental illness… Legislators must work towards safeguarding the lives of the most vulnerable including those placed at a greater disadvantage because of mental illness.”
Dr. Sonu Gaind, chief of the Department of Psychiatry at Sunnybrook Hospital, Toronto, stated, “The Ministers have provided false reassurances that we can somehow separate people who are suicidal from those who are seeking psychiatric euthanasia. That is simply not true. In my opinion, that is dangerous misinformation coming from our federal Minister of Justice and our federal Minister of Mental Health and Addictions providing a false sense of safety that does not exist.”
Trudo Lemmens, professor and chair in health law at the University of Toronto, said, “I urge Parliament to take very seriously how offering MAID for mental illness deprives disabled persons, particularly those with mental illness, from equal protection against premature death. Persons experiencing mental illness deserve to be protected against premature death by an unreserved focus on ensuring access to all required health care and social support services. Facilitating their death does exactly the opposite.”
Finally, Sephora Tang, psychiatrist and assistant professor in the Department of Psychiatry at University of Ottawa, said, “One cannot prevent suicide while at the same time facilitating it. Placing expectations upon mental health professionals to do both undermines the effective delivery of recovery-oriented mental health care. Canadians deserve to live in a country that is committed to safeguarding the right to life and security of every person. Current MAID legislation fails to achieve this overarching social good.”
Even Canada's justice minister has publicly acknowledged the fact that issues such as irremediability, competency and suicidality are not anywhere close to being resolved to justify such a major policy shift in favour of death. Furthermore, medically assisted death flies in the face of the government’s own promotion of suicide prevention programs, including the recent creation of a national 988 suicide hotline.
It cannot be both ways. It cannot claim, as the Liberal government has, that it wants to prevent suicide deaths on the one hand, when it actively promotes assisted suicide for the mentally ill on the other. Over the last eight years, many of us have expressed our concern and expectation that the Carter decision and BillC-14 would be expanded by future court decisions, and that these decisions would leave more and more vulnerable populations exposed to the reach of medically assisted suicide.
Our concerns were pooh-poohed. We were accused of fearmongering and of misrepresenting the intentions of this Liberal government. Yet, today, the Truchon decision and the travesty of Bill C-7 bear out our concerns. That is why more and more disability groups have set the alarm bells ringing and are vehemently opposing this legislation. They argue that this legislation amounts to a deadly form of discrimination, making it easier for persons with disabilities to die than to live.
We are hearing more and more reports of the poor and homeless approaching food banks to ask for assisted death, not because they are suffering from a grievous illness but because they do not want to go hungry and homeless. The headline in the British magazine The Spectator asked last year, “Why is Canada euthanising the poor?”
The response from some bioethicists appears to be, “Well, why not?” In fact, a new paper by two bioethicists at the University of Toronto makes the case that euthanizing the poor should be socially acceptable. That is indicative of the path on which our country finds itself. It is terrifying.
We also have verified reports of veterans suffering from PTSD who are being counselled by the Liberal government to consider medical assistance in dying rather than being provided with the treatment and supports they need to recover.
These are the vulnerable that the Liberal government promised to protect. Canadians have the right to ask whether this government is exercising the requisite caution and care to avoid unnecessary overreach and ensure that MAID is not abused or misapplied.
Let me conclude. My private member's bill, Bill C-314 gives all of us parliamentarians an opportunity to take a deep breath and reconsider the perilous road we have embarked upon. As I mentioned, my bill simply reverses the expansion of Canada’s assisted death laws to the mentally ill. At the very least, I would ask my colleagues to allow my bill, at second reading, to go to committee where there could be more discussion.
Have we gone too far and too fast with Canada's assisted suicide program? Will we evolve into a culture of death as the preferred option for those who suffer from mental illness or will we choose life?
I implore my colleagues to choose life. I wish them much wisdom as they make that choice.
1990 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I appreciate what the member is saying. It is a heavy decision that ultimately does need to be made. There is no question about that.
I look at how important it is that we continue to be in touch with the health care professionals, that we continue to be in touch with other jurisdictions and stakeholders, and that we make sure that we continue to move forward.
This is very much an emotional issue that people have very strong convictions on. I do not think there is an easy answer to this. From my perspective, I think that we have to continue the dialogue and have more faith in the system.
Can he provide his thoughts with respect to that?
122 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I want to thank the member for acknowledging that there is further discussion required on this. That is one of the things I have lamented. Medical assistance in dying has been pushed so far, so quickly, that there has not been the appropriate national discussion, or even the appropriate debate within this House, as to whether we should extend this life-or-death policy to the mentally ill.
The stakeholders I quoted represent a very thin slice of the many stakeholders who have written to me. They have said, “Ed, we have not had this discussion. The mental health profession and the stakeholders within the mental health community have not had the debate required to go to this length and extend assisted suicide to the mentally ill.”
131 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, as I often say in the House, everyone wants to do the right thing. Everyone has the best of intentions and wants to look out for people's best interests. However, being compassionate does not square with undermining human dignity or a person's capacity for self-determination in a decision as personal as deciding one's death.
In his bill, my colleague is telling us that mental illnesses are not considered to be grievous and irremediable medical conditions. However, according to the DSM‑5 definition, a mental disorder is a syndrome characterized by clinically significant disturbance in an individual's cognition, emotion regulation, or behaviour that reflects a dysfunction in the psychological, biological, or development processes underlying mental functioning.
Can we really say that is not serious?
131 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I thank the member for his question. I do not quite understand it. He did say that everyone means well. “Everyone means well” is not the appropriate standard to apply here. We are talking about life and death for the most vulnerable in our society.
We owe it to the mentally ill and those who have mental disorders to act justly and fairly toward them to give them every opportunity to recover. That has been one of the failures of Canada's MAID regime. We have not provided the social supports and mental health supports to help the Canadians who would consider MAID because they are not getting those supports.
114 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I would like to thank my colleague from Abbotsford for the introduction of his bill.
I was a member of the Special Joint Committee on Medical Assistance in Dying. For me, the struggle I had during all of those hearings was weighing up the respect for an individual's ability to make decisions respecting their autonomy and their capacity, versus the need for us to protect the vulnerable in our society with the understanding that the vulnerable in our society also have the ability to be autonomous and have the capacity to make decisions. That was the real struggle.
How does my colleague view those two concepts? I would like to hear his views on the ability of an individual to make a decision that is best for themselves. We may not always agree with it, but how do we ultimately respect that?
145 words
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
