44th Parl. 1st Sess.
May 16, 2023 10:00AM
Madam Speaker, I was listening to my colleague talk about hunters, farmers and indigenous communities. For the House's benefit, could he name a specific rifle or shotgun that would now be prohibited because of Bill C-21? The way I read the bill, it references any rifle or shotgun that is manufactured on or after the day on which the bill comes into force. If he is going to go on about the Canadian firearms advisory committee, I would remind him that the power to reclassify firearms already exists under the Criminal Code, and it is completely separate from Bill C-21.
Can the member enlighten the House on a specific rifle or shotgun that would be affected by Bill C-21? I await his answer.
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Madam Speaker, since we are at the report stage of the bill, I wanted to ask my Conservative colleague about a Conservative amendment to the bill at report stage.
Under Motion No. 12, the Conservatives are seeking to completely delete clause 43. Does my colleague realize that this is the only clause in this bill that provides exemptions to the handgun freeze? Why are Conservatives getting rid of exemptions for anyone who has an authorization to carry and to anyone who is training for the Olympic or Paralympic committee? Why do they believe in getting rid of this clause of the bill?
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Madam Speaker, I would like to thank the member for Essex for bringing his point of view to this speech.
I do hear Conservatives talk a lot about hunters, farmers and indigenous communities. What I would like the member for Essex to do, for the benefit of members in this House, is name a specific rifle or shotgun that would be prohibited as a result of Bill C-21, because when I read the bill that has been reported back to the House, it specifically makes mention of something that has been “designed and manufactured on or after the day on which this [bill] comes into force”.
Does the member have a specific make or model that would actually be banned by the bill? I would like him to stay away from anything the government currently has in its power under the Criminal Code, because it is a completely separate issue, the order in council. What under Bill C-21 would be banned by it?
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Madam Speaker, I am pleased to be able to take part in this report stage debate on Bill C-21 to give my voice, and to speak to my residents in Cowichan—Malahat—Langford.
I have had an intimate amount of experience with this bill, having been the former public safety critic, and I have seen just how much time it has taken up at the public safety committee. A lot of people forget that the public safety committee is also called the public safety and national security committee, and there have been important pieces of legislation held up at it because of the inordinate amount of time Bill C-21 has occupied.
Of course, things were going quite well for Bill C-21 until those very ill-advised 11th hour amendments landed on the committee's desk with no warning. That is when the whole process got completely derailed. I am thankful that, due to a lot of pressure from the opposition parties, the government finally saw sense in February and withdrew the problematic amendments that would have really impacted so many hunters, farmers and indigenous communities, because it was quite obvious they had landed with no consultation, had completely taken committee members by surprise, and were not, frankly speaking, backed up by any kind of witness testimony we had heard at committee.
Up until that point, Bill C-21 had primarily been about a handgun freeze. There were some provisions in the bill dealing with red flag laws and yellow flag laws, there was a section covering airsoft guns, and so on, but those amendments just completely expanded the scope of the bill so they were withdrawn. That is an important point to underline here, because I have been listening to the speeches on Bill C-21 for most of the day today, particularly the ones from my Conservative colleagues. A lot of their speeches had to do with standing up for hunters, farmers and indigenous communities, which are all very admirable things to stand in this House to say and do, but the problem is that their speeches are muddying the waters, because they are alluding to amendments that are no longer part of the bill.
In several questions today during debate, I have challenged my Conservative colleagues to name one rifle or one kind of shotgun that is going to be prohibited by Bill C-21. They have all deflected and changed the channel to go on to safer ground that is buoyed by their own talking points because they cannot name a rifle or shotgun that is going to be banned by Bill C-21 as they are not in there.
Instead of reading Conservative talking points, I am going to actually read the bill. The important thing here for everyone who is listening to this debate is the new definition of a “prohibited firearm”. The key clause is as follows. I will read it into the record. It states, “is designed and manufactured on or after the day on which this paragraph comes into force”.
In other words, current makes and models that are legally owned by licensed firearms owners are not touched by this bill. I underline that with an exclamation mark. They would not be touched and would still be legal. It is only for makes and models that are designed, manufactured and come on to the market after Bill C-21 comes into force.
I have heard Conservatives talk about the firearms advisory committee and how it will be stocked with Liberal appointees who will give advice and suggest that certain makes and models be banned. That is a complete red herring. I will tell members why. The government already has the power under the Criminal Code to reclassify firearms by cabinet decree. That is something that has been abused by both Conservative and Liberal governments. How do members think we got the May 2020 order in council that listed those 1,500 firearms? That certainly was not done with the aid of a firearms advisory committee, but by the Liberal government, by cabinet decree through the Canada Gazette, suddenly making a list of firearms, which was done under the existing authority of the Criminal Code.
I am actually glad there will be a firearms advisory committee, because finally we will have someone at the cabinet table advising the minister. They may come from an indigenous background, a hunting background or a sport shooting background. Why is it a bad thing to have these people provide a sober second thought on any kind of decision the government already has the power to do?
These are complete red herrings with respect to everything the Conservatives have said so far about popular hunting rifles or shotguns, which are in fact going to stay legal. In fact, I look forward to going to my local Canadian Tire and outfitting store on the day after Bill C-21 receives royal assent to show all the different makes and models that are still on sale.
There was a disappointment that I had with this bill. I put forward an amendment at committee that was going to amend the section of the bill that would provide to people an exemption from the handgun freeze. I felt that the current definition that would allow only people who were at Olympic level and Paralympic level to have an exemption from the handgun freeze was too narrow. I put forward amendments to that effect, so that it would have been expanded to the International Practical Shooting Confederation or the Single Action Shooting Society. That amendment almost passed because the Liberal member for Kings—Hants actually made a great intervention at committee where he supported my amendment, but when it came to crunch time he abstained. Therefore, on this critical amendment when he had a chance to show his constituents that he was going to sway this important part of the bill, he abstained. As a result it ended up in a five-five tie at committee and of course it was broken by the chair, so we came very close to amending that specific section of the bill.
The reason I backed this up is that during witness testimony we heard from the Canadian Association of Chiefs of Police. Their public statement on this was:
We believe that a handgun freeze is one method of reducing access to these types of firearms, while allowing existing law-abiding handgun owners to practice their sport.
I took great heart from that statement from the Canadian Association of Chiefs of Police. We had Chief Evan Bray as a witness and he backed that up. The association does believe in a handgun freeze, but it thought there should be exemptions to allow people to continue their sport shooting.
We are at the report stage and I want to address a very confusing Conservative report stage amendment to Bill C-21. I was reviewing that and I looked at Motion No. 12, which has been put forward by the Conservative member for Kildonan—St. Paul. It is shocking because the Conservatives are actually seeking to entirely delete clause 43 from the bill. Why is that important? Clause 43 is the only part of Bill C-21 that would provide an exception to the handgun freeze. It would provide an exception to anyone who has an authorization to carry and to people who are training, competing or coaching in a handgun-shooting discipline under the International Olympic Committee. For some reason the Conservatives want to delete the exemptions to the handgun freeze from the bill. Many of their other report stage amendments that they are seeking to delete are ones that in fact they played a very constructive role at committee in helping amend. The Conservatives are all over the map here on report stage. It is quite clear that Conservatives are flailing around and it is quite evident from their speeches today.
I want to briefly address ghost guns. This was a big ask from the law enforcement departments. We had Inspector Michael Rowe, staff sergeant, from the Vancouver Police Department, who did mention that the barrels, slides and trigger assemblies are a big issue for law enforcement. The advent of 3-D printing has allowed a lot of firearms to come onto the market that are completely untraceable. As the member for New Westminster—Burnaby has stated in this House, their growth has gone exponential. Therefore, law enforcement people have very clearly asked for this amendment to Bill C-21 and I am glad to see that the committee responded in kind.
I also want to salute our NDP efforts to save airsoft. It was my amendment that passed that deleted the offending section of Bill C-21 so that the airsoft community could continue to play its sport and would not be impacted by Bill C-21. I want to thank committee members for allowing that part of the bill to pass.
I will end by also saying that there was a really important amendment to the bill, which would recognize section 35 of the Constitution Act, which of course upholds the rights of indigenous peoples. Bill C-21 would not impact that and it was important to have that clarification to the bill.
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Madam Speaker, I spoke to this last week when we were debating Motion No. 25. I made reference to the fact that, for the Conservatives, Bill C-21 is the goose that lays the golden eggs. That is why they have wanted to see it stuck in the House; that hoovering sound we can hear is the sound of the Conservative Party's fundraising machine raking in millions of dollars off this bill. I for one am glad to see that the committee has sent it back to the House, because there are two other important bills waiting to be heard. These are Bill C-20, which deals with important RCMP oversight, and Bill C-26, which looks at cybersecurity; these are both very pressing issues. It is high time the public safety committee got to work in addressing those other key issues.
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- May/16/23 4:51:24 p.m.
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Madam Speaker, as we have heard in the public—
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Madam Speaker, the Conservatives have learned their lessons from Facebook. Facebook knows how to raise a lot of money because it keeps on pressing people's emotional buttons. This is a party that has become expert in rage farming. That is what they do. They churn it out. They take videos out of context. It is all to get people hopping up and down, mad about blatant mistruths. Yes, they have taken great lessons from Twitter, from Facebook, from everyone who has become an expert on this. They have become masters at keeping people angry so that they can rake in the cash. I will take no lessons from them on that.
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Madam Speaker, I have spoken to sport shooters, and they just simply want to be able to continue their sport. I would redirect my hon. colleague to the testimony that we had from none other than the Canadian Association of Chiefs of Police. They said that a handgun freeze is absolutely one method of reducing access to these types of firearms, but they also qualified that by saying they support allowing law-abiding handgun owners to practise their sport.
The NDP is on the same side as the Canadian Association of Chiefs of Police.
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Mr. Speaker, I am pleased to rise today to give a few of my thoughts on Bill C-280, which was introduced by the member for York—Simcoe. I would like to thank him for introducing this important bill.
Of course, Bill C-280 is an important bill that is going to amend both the Bankruptcy and Insolvency Act, which we will hereafter call the BIA, and the Companies’ Creditors Arrangement Act, the CCAA. Ultimately, the bill is seeking to create a deemed trust for perishable fruits and vegetables.
Let me go into a bit of background on why this particular issue is so important. For the people who are growing, harvesting, packing and marketing fruits and vegetables, we have to understand that this industry comes with a number of risks. First, there are very high costs. Second, the capital in that industry is often tied up in the farmland, the buildings, the machinery and the overhead, so we can look at the value of the company and can see that it is what is commonly termed as “land-rich, cash-poor”.
Furthermore, the challenges are exacerbated because any returns made from the selling of their produce are often delayed until that product has been sold and payment is collected all the way up the supply chain, which can be long after the farmer or another seller has passed on the product. In that whole system, there is no financial protection from losses because of buyers who have become insolvent, which adds a tremendous amount of risk to this business model. The perishability of fresh produce and the common industry payment terms make it impossible for sellers to recoup money that has been lost when a buyer goes bankrupt, and we have seen a recent example in Ontario with Lakeside Produce in Leamington.
Prior to 2014, Canada was the only country in the world that enjoyed preferential access with our largest trading partner, the United States, under its Perishable Agricultural Commodities Act, also known as PACA. That was a dispute resolution mechanism in the United States, which basically meant that Canadian produce sellers were treated on par with their American counterparts when selling to a U.S. buyer. Unfortunately, and this continues to this day, the United States removed our country's preferential access to that system because we did not have reciprocal protection here in Canada.
It has to be clearly underlined that the fresh fruit and vegetable industry has been calling for a statutory deemed trust for payment protection from losses due to buyers defaulting on payment obligations. They have been calling for this for a long time, to make sure that we are on par with what our American counterparts enjoy, and they want us to do this so that our amazing producers can be on a level and competitive playing field with our closest trading partner.
I want to say from the outset that the NDP absolutely fully supports this initiative in Bill C-280. In fact, we have been campaigning on this particular change to the law since 2015, and we have continued to support it ever since then. The very first mention of it was in our 2015 election platform. When we boldly stepped out and made that commitment, we got praise from both the Canadian Produce Marketing Association and what was then called the Canadian Horticultural Council, which really praised us for taking a strong position on the issue.
Again, in the 2019 election, Rebecca Lee, the executive director of what is now the Fruit and Vegetable Growers of Canada, stated:
Canada's fruit and vegetable farmers are facing financial risks that threaten their competitiveness at a crucial time when consumers want to make healthy food choices and are being encouraged by their government to consume more fruits and vegetables. It is important that all parties recognize this, and we applaud the NDP for their commitment to making a payment protection program for produce growers finally a reality.
It is not just from our election commitments. This has been the subject of parliamentary committees, two in particular, the Standing Committee on Agriculture and Agri-Food, of which I have been a proud member since 2018, and the Standing Committee on Finance, in the 42nd Parliament, the first Parliament in which I was a member in the House.
Both of those committees, which were, at the time, comprised of a majority of Liberal members, made the recommendation that our country move toward a PACA-like system to protect our produce growers. Unfortunately the Liberal government said they would not consider it at the time.
Again, in this current Parliament, as here we are in the 44th Parliament, with regard to the Standing Committee on Agriculture, in our recent report, entitled, ”Feeding the World: Strengthening Canada's Capacity to Respond to Global Food Insecurity”, recommendation 7 of that report makes a very clear recommendation to make a statutory deemed trust.
Again, the Standing Committee on Finance, in this Parliament, in its recent pre-budget consultations, also called for the creation of a limited statutory deemed trust.
We have had multiple committees look at this issue and make those recommendations. It is time for the government to take that ball and run with it and finally put this into action. I think we are actually going to see some movement on this, thanks to Bill C-280.
Let me read into the record the stakeholder feedback. We have positive responses from the Canadian Produce Marketing Association, the Fruit and Vegetable Growers of Canada and the Fruit and Vegetable Dispute Resolution Corporation. They are all calling on members of Parliament to consider this bill and to send it off to committee for further study.
I believe that this is a critical opportunity for all members of Parliament to demonstrate our support for this sector and to safeguard Canadian food security. I want to also give an honourable mention to the Ontario Federation of Agriculture. It has also been an important voice in calling for this change.
Going forward, we are only at the second reading stage, in principle. The government has raised some concerns about this bill. It believes that no other commercial creditor has a deemed trust for unpaid claims. It thinks that this bill would favour sellers of fresh produce over sellers of other perishable products. It believes that fresh produce sellers could demand immediate payment, that this bill would benefit large retailers, that the existing dispute resolution corporation already has a mechanism or that the BIA already has provisions that adequately protect growers.
I think this will come through a committee: each one of those arguments has been thoroughly refuted and they will be coming up at committee, where we can finally put them to rest through important witness testimony and feedback.
I have seen both the CPMA and the Fruit and Vegetable Growers of Canada respond to each of those points with evidence to the contrary and I look forward to that information coming forward in committee so that we can properly make a report back to the House.
I just want to say that Canadian farmers are essential workers and they need and deserve to stay in business. They work so hard on our behalf, putting in those long hours, working in a very uncertain market and with very thin margins. The least that we can do as parliamentarians is to set up policy and laws that help them compete on a level playing field.
I believe that if we go forward with this bill, we will have a number of positive impacts. We will help reduce the number of Canadian farm bankruptcies by extending key financial protection toward them. It will encourage timely transport of produce to market, because it is going to make it more worth the transporter's money and time to ship it.
I believe, ultimately, that a deemed trust is going to provide important stability in a very volatile food price inflation market.
For that reason, and as the NDP's proud critic of agriculture and agri-food, I am looking forward to voting on this bill tomorrow, to sending it to my committee and giving it the proper examination that it deserves.
I would like thank the member for York—Simcoe for bringing forward this important bill.
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