Bill C-75 (Historical)

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

Firearms Act

[Martin Shields, Conservative, Bow River, AB]

Mr. Speaker, it has been a very interesting evening and an interesting debate, with a lot of information and emotion. I get to follow the last three, and they are tough to follow. Many of the things I might say will be related to things that have already been said, such as gang violence, illegal guns, illegal handguns, the penalties for those people who use those illegal weapons, and the consequences that follow.

I have heard from a lot of my constituents on this. There are a lot of unhappy constituents. I just heard a member across the aisle say that it is a registry, but I heard several members across the floor tonight saying it is not a registry. It was really nice to hear a member stand up and say it is a registry, but all the previous ones stood up and said it is not a registry. This bill targets law-abiding firearms owners in my riding. It does not actually prevent the crimes. They use firearms in legitimate and lawful ways. They use them to hunt, to work, and for sport shooting. Firearms are a big part of their rural life.

I remember a few years ago when I was the principal of a high school, there were issues about guns and gun violence with youth. I happened to be in a regional meeting of principals talking about guns and other issues, and I said there would be guns in vehicles in the parking lot of my school. There were other principals from urban areas who were astounded that I would admit there were guns in vehicles in my parking lot. I said, “You bet there are.” Those are farm trucks. Those are ranching vehicles. Those guns are tools. Those students know how to use those tools. They are trained how to use them, and they are there as a tool in their vehicle. They drive the vehicle to school and they drive it home. They may use that gun as a tool on the way to school or on the way home. It is part of rural life. They are responsible for those firearms. They do not like being targeted every time a Liberal government says that we need to have a registry or more gun control.

The opposition to this bill is not just in my riding. It is across Canada. E-petition 1608 which calls on the government to scrap this law had over 80,000 signatures the last time I checked. That is the second largest e-petition in history. I do not know why that number does not give the government pause. Regardless, I am happy to have the opportunity to convey some of my constituents' concerns about the bill.

The largest source of disappointment is it has nothing to do with gang violence, illegal handguns, and crime in rural areas. My constituents say they hear about the gang violence, the shootings in cities, and they experience rural crime, but where in the legislation does it do anything about that, other than make them do more red tape as legal gun owners?

There are a lot of obvious points about the bill, but criminals are generally not using legal firearms. What is driving gun violence is gangs and illegal handguns. The illegal use of handguns will not be impacted by this legislation. Only those who already follow the law will. Criminals do not register illegal weapons nor do those who have the number filed off those weapons.

Let me move to some obvious points suggesting this legislation is poorly designed. Given that we are at report stage of the legislation, it is worth looking at some of the testimony my colleagues heard in committee. They heard from Solomon Friedman, a criminal defence lawyer in Ottawa and expert in firearms. He had some interesting testimony. We all heard the Minister of Public Safety suggest the legislation is intended to combat increasing gun violence from 2013. Mr. Friedman noted, as some of my colleagues have already said, that the year 2013 as a starting point for the reported trend was not chosen at random. As we know, 2013 was a statistical aberration in terms of violent crime and homicide in Canada. The year 2013 saw the lowest rate of criminal homicide in Canada in 50 years. If we start at a point that was the lowest, the only place it probably will go is slightly up. It looks like the Liberal government has used statistics to justify targeting law-abiding firearm owners. This is a disappointing choice.

My colleagues at the public safety and national security committee also heard from Mr. Gary Mauser. He noted that 121 of the 141 firearms-related homicides that the minister cited were directly related to gangs in cities. Where in the legislation does it deal with gangs that are working with illegal handguns? It is not there.

We know what the real issues are out there. We agree that the safety of Canadians should be our priority. However, the government seems intent on distorting the evidence to suit its particular narrative. I think many of my colleagues have pointed out why it is doing this. The Liberals are pretending the legislation will do something to combat crime, but all it does is place more regulations on law-abiding firearms owners.

At the same time, the government has introduced Bill C-75, which makes all kinds of serious crimes punishable with a mere fine. That for rural crime is a real challenge. We have many people in western Canada, in Alberta, Saskatchewan, and Manitoba, where rural crime rates have increased in the last two or three years. People are using guns and violence, robbing properties, and are being slapped with fines. They will be right back on those properties. It should be the reverse. If people are using guns in crimes, there should be more severe penalties. This is not how we stop gun use in crimes by letting people off with fines.

The witness testimony I noted undermines a lot of rationale for this legislation. It supports what I have heard from so many law-abiding constituents, who use their firearms for sport, work, or hunting. They are not happy that the word '“gangs” never appears in this bill. “Illegal handguns” does not appear there. However, they are even more unhappy to see the word '“registrar” in the legislation. In fact, it looks like the words “registrar” or “reference number” are used 28 times. It is a registry. As the last member from across the aisle admitted, it is a registry.

It seems pretty clear that Bill C-71 would make it mandatory to register firearms and provide reference numbers. That information would be logged by a business and then passed onto the government. The government has been insistent that this is not a new gun registry.

Law-abiding gun owners will follow the law. They will do this because they are law-abiding gun owners. They will go through more red tape because they re law-abiding Canadian citizens. That is all it is doing is providing more red tape for those people.

I was happy at first to see that the Liberals supported one of our amendments, the one that stated “For greater certainty, nothing in this act shall be construed so as to permit or require the registration of non-restricted firearms.” I expected they would back up their support for this amendment by actually taking action. I assumed they would then support changes that removed the elements of the legislation that essentially created a new registry. However, they did no such thing.

It makes sense that the government does not want to remind Canadians of the wasteful $2 billion gun registry we dealt with before, but we do not know the cost of what they will do with this one. There will be a lot of bureaucracy, but there is no cost assigned to this. It is going to cost money, possibly a lot.

As I said, we want concrete measures that keep Canadians safe. I know the members opposite do not have bad intentions in supporting this legislation. However, they should understand that the bill would do nothing to fight the criminal elements that are behind gun violence. They should be focused on that. Instead they try to criminalize law-abiding citizens. I know there are members who are from rural communities and have misgivings about this legislation. Again, does this stop gun violence? Does this stop the illegal use of handguns? We need handguns to be out of the hands of criminals.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

My colleagues opposite just heckled me with “Annie Oakley”. That shows how they do not understand the community, the sport, or the respect for firearms. I tabled a petition in the House asking for the members of the committee that is supposed to inform the government, the subject matter experts on this, to at least have the licence that I have, that I understand how to use, but they refused. Why? Because this is all about ideology, not about keeping Canadians safe. The government does not give two hoots about keeping Canadians safe. The Liberals care about the politics of the Prime Minister's ego because that is what is keeping them in office. That is what Canadians rejected in Chicoutimi tonight, by the way. They care about changing the channel, but regardless of political stripe, Canadians are standing up and saying this makes no sense. If we want to keep Canadians safe from firearms, then deal with the people who are illegally bringing it in and using it illegally in gang violence.

The RCMP should have an oversight with regard to firearms reclassification. People who are on the committee advising the government on this should understand the basics of requiring a licence. If the government really cares about keeping Canadians safe, it should not be watering down sentences for major crimes in the omnibus justice bill, Bill C-75. The bill does nothing to protect Canadians. All it does is vilify people who play by the rules. On this side of the aisle, we stand up for law-abiding Canadians and we will keep Canadians safe.

National Security Act, 2017

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, I rise today to speak to Bill C-59. As we know, it is the government's national security legislation. After months of debate, hearing from many witnesses, and reading expert briefs with respect to the bill, it is light on actions that will actually improve public safety and national security. I believe that Canada would be weaker because of this legislation, which hampers our agencies, cuts funding to intelligence and national security, and is more concerned about looking over the shoulder of those protecting us than watching those who seek to harm us. Let us be clear on this point. National security and intelligence officers and public servants are not a threat to public safety or privacy. They show dedication to protecting us and our country in a professional manner. However, Bill C-59 is more concerned with what someone might do in an effort to protect others than what criminals, extremists, and others might do to harm us.

In a world with growing international threats, instability, trade aggression, state-sponsored corporate cyber-espionage, and rising crime rates, Canada is weaker with the current Prime Minister and the Liberals in power. As I have said in the House before, public safety and national security should be the top priority of government and should be above politics so that the safety and security of Canadians are put ahead of political fortunes. This bill on national security fails to live up to its title.

Looking at the body of the Liberals' work, we see a continuous erosion of Canada's safety and security. Bill C-71, the recent gun legislation, ignores criminals who commit gun crimes. Bill C-75 softens sentences and rehabilitation for terrorists and violent crimes. The legalization of drugs is being done in a way that all but assures that organized crime will benefit and Canadians are put at risk.

As world hostility and hatred grows, we need stronger support for our way of life, not the erosion of it. That means empowering front-line national security and intelligence workers, stronger border protections, a better transfer of information between policing and security bodies, plus assured prosecution of criminals and threats to Canada. We need to be looking proactively at emerging technologies rather than reactively trying to put the genie back in the bottle, as we have done with cybersecurity.

What was the intent with this bill? Canadians and parliamentarians alike can tell a lot from the language used by the minister and the people who the Liberal majority called to testify. The bill was positioned by the Liberals as protecting Canadians from the public servants who work to protect Canada and our interests, and the majority of witnesses heard at committee were law professors, civil liberties groups, and privacy organizations. While they have important and valid views, they shared essentially one point: be scared of public servants. It is funny that after the many times the Prime Minister has used public servants as a political shield, stating that he “always trusts and respects them”, they are apparently more scary than threats of cyber-attacks from Chinese state-controlled hackers, ISIS extremists, white supremacists, and organized crime.

There is not much in this bill for security forces to do their work. With the Liberals' plan, there will now be four oversight bodies looking over the shoulder of our intelligence and security forces: first, a new parliamentary committee on security and intelligence oversight; second, the new national security and intelligence review agency; third, the expanded intelligence commissioner; and, finally, the existing oversights of Parliament and executive branches like the minister, the Prime Minister, and the national security advisor.

The Conservatives offered positive amendments. We asked the minister to tell us how these groups would work together to make it clear to Parliament, senior government officials, and those affected. This was turned down by the Liberals without any reason. It would seem reasonable that the minister would be happy to provide clarity to Canadians, and to those who need to work with the various boards, agencies, committees, and advisers, on how it will all work together. We also recommended that, as this new central intelligence and security agency would see information from a variety of departments and agencies, they play a role in identifying threats and providing a clear picture on the state of national security. The Liberals on the committee for some reason would prefer that the agency focus on only complaints and micromanaging our security professionals. If their goal had been to improve public safety, this suggestion would have been taken more seriously.

When we heard from security experts, they raised valid concerns. Dick Fadden, the former CSIS director, noted that the bill would send a message to security teams to be more restrictive with the information that they share. He said:

I haven't counted, but the number of times that the words “protection of privacy” are mentioned in this bill is really quite astounding. I'm as much in favour of privacy as everybody else, but I sometimes wonder whether we're placing so much emphasis on it that it's going to scare some people out of dealing with information relating to national security.

Information sharing between national security teams is essential to protecting Canadians and Canada. In fact, several inquiries, including one of the worst terrorism attacks in Canadian history, the Air India bombing, determined that information sharing was critical to stopping attacks.

Mr. Fadden stated that his worst nightmare scenario was an attack on Canada that was preventable; that being that information was withheld by one agency from other agencies. With Bill C-59, we would move toward more silos, less intelligence sharing, and more threats to Canadians. In his words, security professionals would have a clear message from the many repeated insertions of privacy and charter references, and, as he put it, to share less information lest they run afoul of their political masters.

The Conservatives offered a mild amendment that public servants be required to share information they thought was a threat to Canada with national security agencies. This was so all federal employees would have no fear of reprisal for sharing valid concerns with relevant authorities, like the new security review agency. This was turned down, again reaffirming that the Liberals on the committee were not focused on improving public safety and protecting Canadians.

Retired General Michael Day pointed out that there was nothing in the bill or in the government's policies to deal with emerging threats, real dangers today and tomorrow to our economic prosperity and our societal values. When he was asked by the Liberal MP from Mississauga—Lakeshore, “on the questions of artificial intelligence and potentially also quantum computing, how confident are you that Bill C-59,...is a flexible enough framework to address unknown unknowns that may come at us through the cyber domain in those two areas”, General Day replied, “Zero confidence”.

There continues to be clear threats, but dealing with current and emerging threats were not the focus of the government with this bill. We have already missed the emergence of cybersecurity threats and are playing catch-up at a cost of billions of dollars in government spending, lost economic opportunities through stolen commercial secrets, and personal losses through cybercrime. We have not looked forward at the next problem, so we are heading down the same path all over again.

We heard from Professor Leuprecht, a national security expert who teaches at the Royal Military College. He raised a number of concerns. The first was that the increased regulation and administrative work needed to report to new oversight groups would effectively be a cut to those agencies, shifting money away from protecting Canadians. We did find out eventually how much that cost would be. Nearly $100 million would be cut from national security in favour of red tape. Sadly, we only received this information a few weeks after the committee finished with the bill. The minister had knowingly withheld that information from my request for over six months. Once again, a lot of lip service to open and transparent government but very little actual transparency.

Dick Fadden, Professor Leuprecht, and Ray Boisvert, a former assistant director of CSIS and security expert with the Government of Ontario, also raised concerns of the overt hostility of China against Canada. When I asked him about our readiness for dealing with China's aggressions, he said:

I think that the answer is no. I don't think that we're oblivious to the threat...

I would argue that we do not really understand, in all of its complexity, how much China is different from Canada and how it aggressively uses all of the resources of the state against not just Canada but against any number of other countries in pursuit of its objectives.

At one meeting they noted that Chinese agents freely intimidated and threatened Canadians of Chinese descent, pushing them to support communist party initiatives. They or their families back in China could face the backlash of a highly oppressive regime and there was nothing that Canada did to protect them from such threats. China continues this trend, recently ordering Air Canada to call Taiwan part of China.

Mr. Boisvert said:

There's also the issue that China is now in the age of self-admitted “sharp power”, and they exercise that power with very little reservation anymore. There's no longer even a question of hiding their intentions. They are taking a very aggressive approach around resources and intellectual property, and they also are very clear in dealing with dissidents and academics. They've arrested some of them, and they punish others, including academic institutions in North America, at their will, so I think there's a value challenge that Canadians have to consider along with the economic opportunities discussion. The Cold War is over, but a new version is rapidly emerging, and I think our focus on counterterrorism is not always our best play.

We did not have the right people, the right information, and the right issues at committee to have a comprehensive law that would enhance national security. It appears that yet again the Liberals are bringing out legislation to deal with perceived threats at the expense of not dealing with actual threats.

If Canadians were being well served by the government, we would have dealt with serious questions ignored by the Liberals in this legislative process.

Canada has at least 60 returned ISIS terrorists in Canada. That number is likely low, as we have heard that as many as 180 or more Canadians have left our country to fight for ISIS. After the Liberals revoked Canada's ability to strip citizenship from such a heinous and despicable group as ISIS, Canada is now stuck simply welcoming them back with no repercussions and acting like nothing has gone wrong. We will likely never be able to prosecute them or extradite them because we cannot easily transfer intelligence; that is information gathered in other countries of these murders and rapists into evidence suitable for prosecutions in this country.

Canada needs to join the ranks of other modern countries in bringing known crimes conducted by Canadians abroad into our courts without compromising security agents and intelligence sharing agreements. We need to deal with the obvious intelligence to evidence gap that continues to exist in this legislation. This legislation has failed to do this, with Liberal MPs voting against Conservative amendments that tried to address this exact issue.

If we were serious about dealing with national security, we would have treated privacy and security as a single policy, not the competing interests that many civil groups suggested. Protecting Canadians includes protecting their privacy in addition to their economic opportunities, public safety, national security, and social values. These are a single policy, and for the most part those professionals who protect us know this.

Professor Leuprecht said:

We are not here because there's in any way some large-scale violation of the professionalism or the capabilities in which the community does its job....In the Five Eyes community, we have, by far, the most restrictive privacy regime. This is a choice that we have made as Canadians...other countries that have more rigorous parliamentary and other review mechanisms than Canada have also given their community more latitude in terms of how it can act, what it can do, and how it can do it.

Retired Lieutenant-General Michael Day stated:

...the trade-off between privacy and security, between the charter and the reasonable measures to protect Canadians. This is not, from my perspective obviously, a binary issue, or one that should be looked at as absolutes, but rather a dynamic relationship that should remain constantly under review. We should embrace that tension as opposed to pretending it doesn't exist, with a conversation being seen to have value in and of itself.

This is crystal clear when we look at the growing issue of cybercrime, such as identity theft, fraud, corporate espionage, and hacking. Privacy and other interests, social and financial, are one, and yet throughout this legislative process the Liberals presented this bill as a choice between one and the other.

The bill ignores the massive shift in issues with Canada's border security. Canada lacks the assets, people, and facilities to deal with the current threat to our borders. We know that an open border, which is internationally known as unprotected, is currently being exploited. It is being exploited not only by those who are shopping for a new home, but by human traffickers, smugglers, drug cartels, and other organized crime rings. While this issue is new, it is real and needs to be managed better than just hoping everything will sort itself out.

If we were serious about national security, we would be dealing more seriously with Canada's most important law enforcement agency, the RCMP. Beyond a glaring gap in personnel, failing equipment, and an increased lack of faith in its leadership, the RCMP is headed toward a crisis level of challenges: a growing opioid crisis; legalized marijuana; influx of ISIS terrorists; open borders without a plan to manage illegal border crossers; and increasing cybercrime, just to name a few. The RCMP is overwhelmed, while the Liberals present false information and sidestep questions on what to do.

The Liberals may have called this a national security law, but it is more like a regulatory bill. It would erode rather than help public safety. It deals with security from the federal government's perspective rather than from protecting Canadians first and foremost.

Justice

[Pam Goldsmith-Jones, Liberal, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I am very pleased to rise on the serious matter of judicial appointments. Since elected, our government has taken significant steps to ensure that the process for appointing judges is transparent and accountable to Canadians and promotes greater diversity on the bench. At the same time, we recognize the challenges courts face with respect to court delays, which have come under heightened scrutiny since the Supreme Court of Canada's Jordan decision.

We have demonstrated that we are committed to responding to these challenges by introducing Bill C-75. This bill promises substantive reform that will fundamentally address delays, and modernize our justice system.

Let me assure the member opposite that the minister is very mindful of the effect judicial vacancies can have on the effective operation of a court. The minister is absolutely committed to ensuring that the most meritorious candidates are appointed to the bench to meet the needs of all Canadians.

Since elected, our government has appointed or elevated 183 judges to superior courts across the country, including five in Saskatchewan, and today, the diversity of our appointments is unprecedented. Under our government, 57% of appointed or elevated judges are women, compared to just 32% under the previous government.

Our government is committed to continuing to strengthen our judiciary. Budget 2017 created funding for 28 new federally appointed judges. Using this funding, the minister has appointed judges to new judicial positions in Alberta, Ontario, Quebec, and Newfoundland and Labrador, with more such appointments to come.

Through budget 2018, we are creating 46 new judicial positions, including a judge for the Saskatchewan Court of Appeal. This new position would respond directly and positively to a request from Saskatchewan. This additional judge would assist that court, the highest court in the province, to address a growing number of civil and criminal appeals as well as increasingly complex matters. The amendment to add this position to the Saskatchewan Court of Appeal is currently before Parliament in Bill C-74.

Fundamental to the judicial appointments process are the judicial advisory committees. They evaluate the applications of those who have put their names forward for judicial appointment and provide lists of highly recommended candidates to the Minister of Justice. As a result of the changes we introduced, the JACs are now more balanced and inclusive. We also made changes to help achieve a more representative bench, with a broader diversity of backgrounds and experience, allowing candidates to speak to their own understanding and experience of Canada's diverse makeup. We also increased our ability to validate candidates' bilingual capacity.

National Security Act, 2017

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, I would like to begin my speech this evening by talking about public safety and national security matters.

Whenever I stand up in this place, on whatever we are talking about, I always like to think about whether this is the job of the federal government. Typically, in broad sweeps, I can rarely get past the end of one hand when it comes to things the federal government should be dealing with. I usually think of things like border security, the justice system, and the military as things that definitely the federal government should be taking care of.

The issue we are dealing with tonight is one of those issues the federal government definitely needs to take care of. It is definitely something that is timely. Folks from where I come from, in Peace River—Westlock, in northern Alberta, often mention this to me when I am driving around meeting with folks. They are concerned about national security. They are concerned about terrorism issues. It is one of the top 10 things people talk to me about. Therefore, I think this is a timely debate.

I would hearken back to some of the speeches we heard earlier this evening. September 11 was a significant turning point in western civilization. I think every one of us in this place remembers that day. I remember listening to the news on 630 CHED in Alberta. My alarm clock had gone off, and I was listening to the news, when the normal broadcast was interrupted to tell us that the twin towers had been run into by an airplane. I remember that day well, as I am sure everyone in this place does. Since that day, the entire western world has had to look at how we defend our national security. Before that point, we were looking at our national security from the perspective of nation states. However, this brought a whole new protocol. We needed new laws. Frankly, I think we are still learning all of that.

I do not think the Liberals have necessarily taken serious consideration of public safety and national security in this bill. They basically looked at what we did when we were in government. They thought that the Conservatives were aggressive on this and took the bull by the horns, and they would just turn it back a notch. It does not seem to me that they are giving it adequate weight by saying that they just have to change a bunch of things in Bill C-51. The Liberals heard over and over again that Bill C-51 was bad, and they would just turn it back. That does not seem to me to be grappling with the issues we need to deal with.

Public safety and national security is hard work. We need to create a culture in Canada so that people feel safe. That is what I hear over and over again in my riding. They do not feel that the government is creating a culture in Canada where people feel safe. For example, advocating or promoting terrorism is something that has been touched on in this debate. We need to talk about that in terms of what it means when it comes to Bill C-75, which is another bill that will be debated tonight. I believe that in that particular bill, advocating or promoting terrorism, even if one is found guilty of it, would be downgraded as well.

When we look at the bill before us, I am disappointed that the Liberals have not grabbed the bull by the horns. Bill C-51 came out a number of years back, and the landscape has changed since then. I was looking forward to having a robust debate on this issue. I know that it was something in the Liberal campaign and something I was challenged on over and over again. I knew that after the election, Bill C-51 would be up for debate, and I was looking forward to having that debate on some substantive changes that could improve it.

I think we got it right with Bill C-51, but every piece of legislation is open to improvement and I was happy to come here to debate this. I do not think Bill C-59 improves on Bill C-51 at all. In fact, all it seems to do is to just turn everything back a few notches, which does not seem to make an effect. It is the exact same philosophy that we are seeing with Bill C-75. The Liberals say we have backlogs in the justice system, rather than their addressing some of the underlying causes and doing the hard work of digging into it. They say, turn the dial back a little, lower the thresholds, push people out of the system more easily rather than dealing with the actual justice system.

When I do surveys in my riding, people do not think the Liberals are taking our national security seriously. People do not think they are securing our borders properly. All of this plays into the world view of the Liberals.

Whenever I am discussing national security or justice issues, I say that people have the ability to do evil. That is a fact of life and we need to have a justice system that recognizes that. Most people lock their doors at night. Why? Because people are capable of evil. That is the truth. It would be great if we all could leave our doors open and nothing ever went missing. It would be great if we could all give up our firearms and everyone would be safe, but that is not the reality. That is the underlying philosophy that is lacking on the Liberal side. They are not convinced that people are capable of evil and they think that the justice system is being mean to people and that if we just hug the thug, so to speak, everything would be better.

There is a philosophy in this bill that if we just turn down the justice element, if we trusted people a little more, this country would be a safer place. That is definitely not the case. We need to ensure that our police officers and our intelligence community have the resources and tools they need to ensure that Canada is a safe place.

My riding is a long way from the border, and I cannot say that the border crossing issue has directly affected my riding, but it is amazing how many times people in my riding have asked, when is the government is going to do something about the border crossings? Why are the Liberals jeopardizing our public safety? We are seeing that here, as well with the terrorism issue.

One of the things people in my riding are concerned about is the growing threat of terrorism in the world. In this regard, in the bill we see that for advocating and promoting terrorism, the threshold is being lowered, and that in Bill C-75 the sentencing is being lowered. It is being taken from an indictable offence to a summary offence. The Liberals need to do the hard work that it takes to make sure that we have a national security regime that people in Canada trust. That is an important point that I wanted to make here tonight. Whatever the Liberals are doing, people need to have trust in that system that their safety is being upheld, that Canada will remain the safe place it has been in years past, and that people can sleep safely in their beds.

With that, I look forward to any questions that people may have.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, this afternoon, we will continue with the report stage debate on Bill C-69, the environmental assessment act.

Following this, we will turn to Bill C-75, the justice modernization act, and Bill C-59, the national security act.

If time permits, we shall start debate at report stage of Bill C-68, the fisheries act, and Bill C-64 on derelict vessels.

Tomorrow morning, we will begin third reading of Bill C-47 on the Arms Trade Treaty. Next Monday, Tuesday, and Thursday are allotted days. Also, pursuant to the Standing Orders, we will be voting on the main estimates Thursday evening.

Next week, priority will be given to the following bills: Bill C-21, an act to amend the Customs Act; Bill C-59, an act respecting national security matters; Bill C-64, the wrecked, abandoned or hazardous vessels act; Bill C-68 on fisheries; and Bill C-69 on environmental assessments.

We also know, however, that the other place should soon be voting on Bill C-45, the cannabis act. If a message is received notifying us of amendments, that will be given priority.

Justice

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, the Prime Minister is attempting to reduce penalties for many serious crimes in Canada. His proposed changes are part of Bill C-75, which contains more than 300 pages of sweeping changes to the Criminal Code. I am concerned about the number of very serious offences that would now be eligible for much lighter sentences, or even simply fines. These offences include acts related to terrorism; assault; impaired driving; arson; human trafficking; and infanticide, the killing of infants. These lower sentences send the wrong messages to criminals, victims, law-abiding Canadians, and society.

When virtue takes a back seat to lawlessness, Canadians rely on a strong justice system. Deterrents are necessary. It is a cause for concern that our Prime Minister is changing our Canada from a nation of virtue to one of virtue signalling.

Conservatives will continue to stand up to the creeping changes attacking our social and justice systems. We will continue to place the rights of victims ahead of the offenders.

Bill C-59—Time Allocation Motion

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, from the 41st Parliament, we have reams of quotes from Liberals regarding the use of time allocation by the then Conservative government. The quotes we have from the member for Winnipeg North would fill several pages.

What we have seen over the last couple of weeks is the government's use of time allocation and using the bare minimum, allocating five hours for debate on this legislation, on Bill C-69, which was done just before this, on Bill C-75, and on Bill C-76. The list goes on.

I have a simple question for the Minister of Public Safety. Given his party's record when it was the third party in the 41st Parliament, does he not feel the slightest bit of shame and contrition over the complete reversal of his position, now that he occupies that side of the House?

Justice

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, the Minister of Justice claims that Bill C-75 has nothing to do with sentencing. Bill C-75 makes serious indictable offences prosecutable by way of summary conviction. Therefore, instead of a sentence of up to 10 years if prosecuted by way of summary conviction, the maximum sentence would be two years less a day or as little as a mere fine. That is right. Under Bill C-75, a maximum sentence could go from 10 years to two years less a day.

Contrary to the minister's claims, Bill C-75 has everything to do with sentencing and everything to do with watering down sentences for the most serious of offences.

Bill C-75 is a terrible bill for victims, it is a terrible bill for public safety, and it is why Conservatives will work to defeat Bill C-75.

Instruction to Committee on Bill C-71

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, the hon. member from the other side gets up and misleads this House about what is in this legislation. Can she point to any part of Bill C-75 that would allow people to get off those particular types of offences? If she can show it, which she cannot, I will vote against it.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, a portion of Bill C-75 is well done, the part of the bill that would go after those who would sexually assault another person. It would protect women and the vulnerable, which is a good part of Bill C-75. However, the bill has many other parts that would allow people who participate in terrorist activities to go free. It would allow people who participate in forced marriage to go free. It would allow people who participate in or promote genocide to go free. It would allow people who participate in infanticide to go free. By “free”, I do not mean that they would walk out the door, though that is possible under the way Bill C-75 is structured. I am talking about significantly reduced sentencing, and that is basically free.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, I strongly support the motion that is on the floor, which is to have the Standing Committee on Public Safety travel as part of its consideration of Bill C-71. This legislation is deeply flawed, and therefore it would serve the committee very well to travel across the country to talk to everyday Canadians. The government claims that this legislation is in the interest of public safety, but the reality is quite different. I would like to outline that for the House.

This legislation would create a bunch of useless red tape that will not make Canadians safer. In fact, this bill shows classic Liberal logic. The current government is saying that it wants to keep Canadians safe and prevent gun violence, but this legislation would do absolutely nothing to accomplish this end. Instead, it would target or go after firearms owners who have already gone through extensive background checks and safety courses in order to possess their guns and use them lawfully.

In addition, it would create the failed long-gun registry that cost Canadians $1 billion, and then was scrapped because it was so wasteful and ineffective. Bill C-71 would force retailers to keep transaction records for 20 years on every single person who buys a gun. This would increase the cost that would then be passed on to the consumer, not to mention that it would also make a great shopping list for criminals, should they get a hold of that list and then acquire those firearms based on where they are.

Furthermore, this legislation would remove the ability of licensed firearms owners to transport their registered firearms between their houses and a gunsmith or a trade show, even though they are allowed to transport their guns between their houses and gun ranges. In addition, the legislation would unfairly turn thousands of Canadians into criminals overnight by reclassifying their non-restricted or restricted firearms as prohibited altogether. I am talking about firearms that have been legally imported and sold in Canada for the last 12 years.

There is not a single one of these measures I have listed that would take guns out of the hands of criminals. At the end of the day, criminals do not purchase their guns by going down to Canadian Tire or Cabela's; instead, they get them off the street through illegal means. Through Bill C-71, the government is simply painting law-abiding gun owners—we are talking about farmers, hunters, and sports shooters—as if they are all evil and deserve punishment.

The Liberals' firearms legislation would do nothing to improve the safety of Canadians. There are no concrete measures to combat gang violence or to address the catastrophic increase in rural crime in Canada. Bill C-71 is a flawed bill that would crack down on law-abiding firearms owners and would do nothing to punish criminals who illegally use firearms to commit crimes. This legislation would create a backdoor long-gun registry, requiring an electronic record of the sale of every firearm in Canada. Furthermore, this legislation would remove the ability of licensed firearms owners from transporting restricted firearms to a gunsmith or trade show.

Instead of treating hunters, farmers, and sports shooters as criminals, the Liberals should be focusing their energy on the real criminals, those who actually commit crimes and use their guns illegally. This would be a common sense approach and the right approach, but the Liberals are not interested in making a positive difference. Instead, they are simply interested in optics. They want to be seen as if they are protecting the Canadian public from gun violence, but in actuality the legislation before the House would do absolutely nothing to this effect.

The Liberals would in fact be making life a whole lot easier for criminals. I will talk about the legislation by which they are doing this. It is Bill C-75. The Liberals are reducing penalties for a massive list of extremely serious crimes, and I will list a few: participating in a terrorist group, trafficking women and children, committing violence against a clergy member, murdering a child within one year of birth, abducting a child, forcing a marriage, advocating for genocide, participating in organized crime. The sentencing for all of these heinous crimes that take place in Canada would be reduced. Those criminals will get off. Meanwhile, the individual who properly owns and registers his or her gun would be punished by Bill C-71, the legislation before the House. That is wrong.

The rights of victims and communities must always come first. A young person in my riding, who has the ability to see the smoke and mirrors in Bill C-71, asked this: Why is the government sending the message that it is okay to punish law-abiding citizens instead of going after those who actually commit crimes?

Canadians are rightly concerned about Bill C-71 criminalizing innocent people.

I have the privilege of sponsoring e-petition 1608, which is currently open for signature by Canadians, and I encourage them to sign it. This petition was started by a gentleman by the name of Ryan Slingerland, who is 16 years old and lives in my riding. He was incredibly upset about the negative impact this legislation would have on his family members who hunt. He was incredibly disgusted by the fact that Bill C-71 would do everything to hinder their ability to be law-abiding citizens and use their guns effectively, and do absolutely nothing to go after rural crime in our area, which is skyrocketing.

Since launching this petition, it has gathered national media attention and my constituent, Ryan Slingerland, has done an incredible job fielding those questions. In fewer than two months, this petition has become the second-largest e-petition in Canadian history, being signed by nearly 79,000 Canadians from coast to coast. Twenty-three thousand of these signatures come from Ontario and 5,800 from Atlantic Canada, thus showing that this is a concern of Canadians from coast to coast. It is not just regional.

When I was in Nunavut this spring, I heard the concerns of Inuit hunters about the potential implications of this legislation. Furthermore, at the public safety committee, indigenous leaders were coming to the table and threatening potential legal action because they argue that the bill would infringe their constitutional rights.

It is important for the Liberal government to recognize that it does not understand the impact this proposed legislation would have on Canadians, which is why the public safety committee needs to travel to talk to Canadians from coast to coast. It is the right thing to do.

I am proud to represent a southern Alberta riding. There are many families who enjoy our heritage of hunting and sport shooting. When I talk to my constituents, they are deeply concerned about this proposed legislation. They want to know why the Liberal government is targeting law-abiding, licenced firearms owners and not going after criminals who are using their guns illegally.

I sat down with my youth advisory board members and got their feedback on the bill this week. They asked that I communicate their views to the Prime Minister. First, they wanted to remind the Prime Minister that he is the leader of the country in which they live, and not the leader of a high school drama classroom. They want him to lead with honesty. They want him to function with integrity. They want him to stop attacking those who own firearms legally. They call upon him to use legislation in a way that is common sense, not nonsense. They ask that this proposed legislation not be used as an emotionally charged response to a problem in the United States that unfairly punishes Canadians who rightly own and use their firearms. They ask that I speak out on their behalf and to ask in particular, why is the Prime Minister skewing the facts and telling mistruths in order to pass this legislation that punishes those who lawfully own firearms?

The fact that indigenous people in this country, the fact that young people in this country, the fact that law-abiding citizens from coast to coast in this country are asking the Prime Minister to sit up and listen to their concerns, the fact that they are begging him to this, and the fact I have a petition that is signed by nearly 79,000 Canadians are all facts that say that this proposed legislation is ill placed. They see that this proposed legislation needs more time. They say that the right thing to do would be for this committee to travel and to listen. It is simply good governance, listening followed by action.

Therefore, I am calling upon the House to take this motion into consideration and to vote for it, not for my sake, but for the sake of Canadians from coast to coast who deserve to have a voice on this topic, who deserve to be treated as law-abiding citizens first and foremost. This proposed legislation, in its current state, would not do that, and we can do better.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, that question is a good juxtaposition of the two bills, a contrast, almost.

I am very happy that one of the member's constituents is the one who proposed what I think is going to fast become the e-petition with the most signatures. Maybe the member could tell me afterwards what the signature count is.

It is interesting to see that in Bill C-71, we would be going after law-abiding firearms owners. What will do they? They will abide by the new law. They will try their best to obey the law as it is written by the Parliament of Canada.

On Bill C-75, we would download onto the provincial courts a lot of the provisions for criminal activity, such as the promotion of genocide, such as drinking and driving causing serious bodily harm, such as infanticide, and say that the provincial courts would handle it now, and that would be better.

What happens in Alberta, oftentimes, in provincial court, because they are so overloaded with cases, is that they are always looking for an opportunity to find a plea deal they can live with. They will offer up a fine to people, saying that if they do not pay the fine, they will serve jail time. In certain cases, and there is a laundry list of these provisions in Bill C-75, it is irresponsible to offer an opportunity to simply pay a fine for the crime done. We can contrast that with Bill C-71 and the provisions imbedded within it.

These are the wrong priorities, especially at a time like this, when resources at our courthouses are limited. For the longest time, the Minister of Justice was behind on appointing judges, and the issue remains. If we approve of this, travel of the public safety and national security committee, the members are going to hear this story in our communities. They are going to hear stories of local courthouses being overloaded with work already and not being able to deal with additional court cases.

They are going to be able to tell the story that law-abiding firearms owners will abide by the law, whichever way it is written by the Parliament of Canada. However, gangsters, organized crime, and other criminals will not. That will not change. Those individuals who take part in illegal organized crime activity, such as trafficking in firearms, people, and narcotics, are not going to be swayed by a piece of legislation passed in the House. Frankly, they just do not care about those things. The deterrence will be through greater law enforcement resources, more police officers, and a more effective way of tracking down the money as it is being spent by those types of organizations.

We are not focused on that. We are focused on lawful firearms owners who are looking to just obey the law.

[Rachael Thomas, Conservative, Lethbridge, AB]

Mr. Speaker, I am wondering if my hon. colleague could comment on the juxtaposition or comparison between Bill C-71, which would punish law-abiding firearms owners, and Bill C-75, which the Liberals would also put in place, which would decrease sentences for heinous crimes, such as being a part of a terrorist group or an organized crime group, promoting genocide, forcing women into marriage, and trafficking women and girls for sex purposes.

There are these types of crimes the Liberals would actually be going extremely soft on. They would actually decrease the sentences for these types of crimes. Meanwhile, the Liberals want to put law-abiding firearms owners behind bars.

Could the hon. member comment on the comparison of the legislation the Liberals would impose on the Canadian population?

[Colin Carrie, Conservative, Oshawa, ON]

Madam Speaker, I really do appreciate your wise comments. I will be splitting my time with the member for Thornhill this evening.

Let me start by saying why we are here tonight. Again, the Liberals are refusing to consult, refusing to allow reasonable amount of input and debate on another piece of controversial but very important legislation, Bill C-71. What has been exposed by the very limited conversation so far is that Bill C-71 effectively breaks another Liberal promise, the promise not to bring back the wasteful, ineffective long-gun registry. I want to thank my constituents in Oshawa for their input and insight into this bill.

To start, Conservatives support public safety, safe and effective legislation, and we also respect the fact that firearms owners in Canada are, by and large, law-abiding citizens. We believe that no government should take punitive action against those who uphold the law.

I was proud to be part of a Conservative government that eliminated the wasteful and ineffective long-gun registry. It was a good example of how poorly thought out, wasteful policy is ineffective at reducing crime rates by targeting law-abiding gun owners, instead of criminals who, by the way, do not register their firearms. That is why I cannot, in good conscience, support Bill C-71, which does nothing to address the issue of criminal unauthorized possession of firearms and gang violence, places new burdens on business and law-abiding firearms owners, and opens the door for a new registry.

As I said, Bill C-71 does nothing to address the issue of criminal, unauthorized possession of firearms. Let me emphasize this point. The Liberals seem to have difficulty understanding that criminals are not law-abiding firearms owners. Therefore, the provisions included in Bill C-71 will not affect criminals, who do not follow laws to begin with. Thus, it is highly unlikely that they will follow provisions included in Bill C-71.

In an expert submission to the Standing Committee on Public Safety and National Security regarding Bill C-71, Dr. Gary Mauser, a Canadian criminologist and professor emeritus in the Beedie School of Business at Simon Fraser University, stated that Bill C-71 is a red herring and would be regarded as a failure to fulfill the Liberal government's promises to develop criminal legislation using evidence-based decision-making. Tonight we have not heard very much of that evidence, have we?

I support Dr. Mauser's view. I feel that the Liberal government is trying to create a problem where one does not exist. For example, the Liberals are intentionally using a low outlier year of 2013 to justify saying that homicide rates are increasing. Realistically, firearms homicides have gone up since 2013. However, our overall firearm homicide rate has been steadily falling since the 1950s. This is a point that the Liberals are intentionally misleading Canadians with. Total homicides, have declined at least since the 1990s, and if anything, knife stabbings in Canada have increased more dramatically. The Liberal government's statistics also leave out the fact that these homicides are primarily driven by gang murders. The majority of Canada's gun violence stems from illegal gang and similar criminal activity. However, this bill mostly focuses on gun licence holders, and not violent criminals or gangs. If we think that the homicides are driven by gangs and criminals, we should be focusing legislation against them.

Gang-related activity and repeat offenders make up the bulk of the 223 homicides in 2016. Some 141 of the 223 homicides were related to gang activity. That is well over half. Let me reiterate that criminals do not register their firearms. It seems this is becoming a theme.

I just want to briefly raise the issues with another Liberal bill, Bill C-75 which also fails to deliver tough on crime approaches. Bill C-75 aims to do away with preliminary inquiries and seeks to lower the maximum sentencing for terror and gang-related offences. In other words it is getting softer on crime. How can the government justify weakening penalties for Canada's gang and criminals while at the same time targeting law-abiding Canadians? This just does not make sense.

Let me address another thing that the Liberals are being misleading about, which is the process of applying for and receiving firearms licences. It is very important, and Canadians need to understand, that we are not the United States. In order to qualify for a licence, one must complete safety training and learn the rules that govern the privileges these licences afford one. Not everyone is eligible for a firearms licence. One must be a responsible Canadian citizen who does not have a criminal record and be mentally stable.

The first step in the process is to take a firearms safety course. The courses are dictated by the licences someone is intending to apply for. There are two different licences that could be applied for, a PAL and an RPAL, respectively. The first licence is a basic firearms licence, which allows one to buy and possess the types of firearms primarily used for hunting purposes, for example, rifles and shotguns. The second licence is a restricted possession and acquisition licence, which allows one to buy and possess firearms that are permitted by law for sporting and hunting purposes in Canada.

Each course has a written and practical exam that one must score 80% or better on to pass. Each course focuses on the safe handling of firearms and the responsibilities of ownership. These courses are the same across the country.

Then, step two, once someone has passed the courses, they can submit their license application to the RCMP for review and processing. This process and background check can take six to eight weeks.

I repeat, this is a process that criminals will not follow. Bill C-71 only penalizes law-abiding gun owners and small businesses. Criminals continue to operate in the shadows and will continue to ignore any federal legislation. Law-abiding gun owners and small business owners are then left feeling the burn of Bill C-71.

Small businesses will be burdened with unnecessary red tape, as this reintroduces a wasteful and ineffective firearms registry. The unnecessary red tape will be of no benefit to public safety, and will only make transportation of firearms to a gunsmith or a gun store more onerous.

The bill is forcing businesses to keep 20 years of records. In fact, I visited a local firearms retailer in Oshawa, CDNGunworx, to discuss the impact this bill will have on small business. I learned that Bill C-71 is increasing the costs of doing business for many small businesses like this one.

These unknowns make Bill C-71 all the more concerning, as the additional costs, money, and resources could be the final nail in the coffin that will put hard-working business owners in jeopardy of failing to keep their business afloat, all without increasing public safety.

Again, I want to point out that Bill C-71 gives the RCMP overreaching authority. It will increase the power of the RCMP to reclassify firearms at a moment's notice, which would make otherwise law-abiding gun owners criminals overnight. For example, Bill C-71 reclassifies an estimated 10,000 to 15,000 non-restricted rifles as prohibited, and turns their owners into immediate criminals unless they comply with new ownership requirements.

Carlos, a young constituent of mine, voiced his concerns to me in regards to providing the RCMP with the power to classify firearms. With this bill, firearms he currently collects can be banned by the RCMP at any moment, forcing him to either turn them in or become a criminal, and he will not be compensated for his lawfully owned property.

Our previous Conservative government allowed for our elected representatives to overrule any of these RCMP mistakes, and allow individuals to keep their legally owned property by exercising a democratic mechanism. No such mechanism will exist under Bill C-71. There will be no mechanism to correct the mistakes made by the RCMP.

Recently in fact, the RCMP was bold enough to launch, on its website, a page that formally read: “How would Bill C-71 affect individuals?”

To be clear, Bill C-71 is not law. The RCMP quickly changed the wording on the web page, but the damage had been done. The RCMP obviously felt that it could pre-emptively tell Canadian citizens to comply with a law that had not yet achieved royal assent. This had only been corrected after my colleague, the member for Medicine Hat—Cardston—Warner, pointed it out. This is a glaring issue that Canadians need to know about.

Bill C-71 opens the door for a new registry. We have heard Liberals say tonight that it will not, but it very clearly will. They say it will not be a registry, but it mentions the word “registrar” 15 times, the word “registration” 17 times, the term “reference number” 12 times, and the word “record” 26 times. If this is not a registry, I do not know what else is.

Record keeping conditions are placed on businesses, including information collected for 20 years. Records would be accessible by police officers on reasonable grounds and with judicial authorization. However, the government would essentially have businesses build and maintain the registry on its behalf. Businesses would have to pay the higher costs for it.

In conclusion, I hope I have made it abundantly clear that Bill C-71 will not impact criminals or stop illegal firearms practices, as the Liberal government claims. It in fact targets law-abiding firearms owners and harms small businesses. It opens the door to a gun registry 2.0, and gives overreaching powers to the RCMP. I stand with law-abiding Canadians, not the criminals.