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432-00411 (Justice)

Paper petition

Original language of petition: English

Petition to the House of Commons

WHEREAS

  • Smuggled firearms make up a significant portion of the firearms used in crime across the country.
  • Criminals caught in knowing possession of smuggled firearms are a threat to public safety but often receive light sentences and are quick to obtain bail.
  • Bill C-238 would increase sentences for those caught in knowing possession of a smuggled weapon and make it more difficult for those charged to be released on bail.

We, the undersigned citizens and residents of Canada call upon the House of Commons to:

  • Support and vote to pass Bill C-238 An Act to amend the Criminal Code (possession of unlawfully imported firearms).
  • Support more action being taken to stop the flow of illegal firearms over the border.

Response by the Minister of Public Safety and Emergency Preparedness

Signed by (Minister or Parliamentary Secretary): Joël Lightbound, M.P

Our government is committed to ensuring that our border remains open to legitimate trade and travel while closed to those who seek to traffic or smuggle weapons or drugs.

Following significant cuts by the previous Conservative government to our security agencies, in the last Parliament our government announced an investment of $327M to combat gun and gang violence, with $86M to prevent cross-border smuggling of illegal firearms. Of this, the CBSA is being provided an extra $51.5 million to enhance screening, detection and training around firearms smuggling and $34.5 million for the RCMP’s Integrated Criminal Firearms Initiative to enhance intelligence gathering, technology and investigations. Additionally, $214M is being provided to the provinces and territories to design and implement strategies, including $65M to the province of Ontario. While the administration of justice falls under the purview of provinces and territories, we note that with these funds, the Ontario Government has funded a bail investigator team in the Peel Region.

We welcome the opportunity to discuss mechanisms to discuss ways to prevent cross-border firearms smuggling, considering during C-71 study at SECU, Conservative MPs proposed amendments that would “propose there be no punishment for [many offences which] include “false statements to procure licences”, “false statements to procure customs confirmations”—so, importing or trafficking.”

While we look forward to debating this bill further, I would note though that C-238 does not meaningfully address the act of smuggling. Our government has signaled our intention to bring forward legislation that will give us new authorities to keep guns out of the hands of criminals by strengthening penalties for the illegal smuggling of firearms into Canada, as well as the trafficking of firearms through diversion and straw purchasing.

At every point in the travel continuum, the government undertakes activities to prevent the smuggling of illicit firearms. Pre-border, the Government works closely with domestic and international law enforcement agencies to identify and disrupt criminal networks involved in smuggling or facilitating the smuggling of illicit firearms, through intelligence sharing and operations. The Canada Border Services Agency’s (CBSA) National Targeting Center also uses intelligence, information and other indicators to conduct pre-arrival risk assessments on goods and people entering the country to identify high-risk shipments or travelers.

If firearms are smuggled into Canada, the CBSA works closely with its law enforcement partners to identify smuggling routes and individuals involved, and lay the appropriate criminal charges after a thorough criminal investigation. Where a foreign national may be involved, the CBSA can also remove the individual from the country as such criminal involvement would likely deem the individual as inadmissible to Canada. From January 1, 2014 to September 6, 2020, the CBSA seized 4263 undeclared firearms at the border.

We will continue to address the criminal act of firearms smuggling. However, we simply cannot do just half the job. Smuggling is just one way in which firearms are illegally diverted, as they can also be stolen or illegally sold through straw purchasing.

Over the years, many Chiefs of Police have warned about these risks. Saskatoon Police Chief Troy Cooper said in an interview that people who use firearms in committing crimes in Saskatchewan obtain them “primarily by theft.” Regina Police Chief Evan Bray said that crime guns are “not being brought in by the United States” but are “coming from break and enters.” Just recently, Edmonton Police Chief Dale McFee also declared that “roughly five to 10 per cent of Edmonton’s crime guns are coming across the U.S. border. The remainder have either been acquired legally, obtained through “straw purchasers” or stolen.” And in Ontario, Inspector Chris Renwick told a Crime Prevention board meeting in Ottawa that half the crime guns recovered are from within Canada, usually legally registered but stolen.”

Our government will do the work that is needed to address all forms of smuggling.

Response by the Minister of Justice and Attorney General of Canada

Signed by (Minister or Parliamentary Secretary): The Honourable David Lametti

The Government of Canada is committed to addressing gun crime and strengthening measures to enhance public safety. Reducing firearms smuggling into Canada is a key part of the Government’s fight to reduce access to illegal firearms. Smuggled firearms make their way into the hands of criminals and are often used to commit serious offences tied to organized crime, such as drug trafficking. That is why the Government has committed to increase the penalties around firearms smuggling as set out in the mandate letter to the Minister of Public Safety.

The Government is also implementing effective measures with respect to strengthening firearm regulations and gun and gang initiatives that prioritize public safety. In the 2020 Fall Economic Statement, the Government committed $250 million over five years to directly support municipalities and Indigenous communities to help protect Canadians from gun violence and support anti-gang programming and prevention programs for at-risk youth.

Private Member’s Bill C-238 proposes a number of changes that raise important criminal law and policy considerations and that implicate the Charter of Rights and Freedoms. These issues will be fully examined as part of the Parliamentary process.

Presented to the House of Commons
Bob Saroya (Markham—Unionville)
December 10, 2020 (Petition No. 432-00411)
Government response tabled
January 25, 2021
Photo - Bob Saroya
Markham—Unionville
Conservative Caucus
Ontario

Only validated signatures are counted towards the total number of signatures.