Hon. David Arnot: Honourable senators, I rise today to speak to Bill C-21. I thank our colleague the Honourable Senator Yussuff for sponsoring this legislation in his usual comprehensive and professional fashion. I also want to thank Senator Dean for chairing and overseeing the hard work of the committee, and I thank both of them for encouraging thorough debate in this chamber on this bill.

I’m going to address four issues: First, the failure of the federal government in their fiduciary duty; second, the failure to consult with key stakeholders affected by this legislation; third, what I believe is a fundamental flaw, that being the bill does not create a legislative authority and discretion for chief firearms officers in Canada to manage firearms in their jurisdiction; and fourth, a lack of policies and programs to ensure the goals of the act are successful.

Before I begin, I ask you to consider the nature of the rhetoric — the psychology, if you will — used in debates about this issue.

First, let us consider the just-one-life argument: an argument that we must pass this bill even if it saves just one life. As a former human rights commissioner and a former provincial court judge, I can tell you that the just-one-life argument does not hold in this country. It is not true in our hospitals, where life-and-death decisions are made. It is not true on our country’s highways, where speed limits minimize risk but do not eliminate it. It is not true in hockey rinks, where injury, disability and even death are established by actuaries. I’m not saying that hospitals, highways and hockey rinks are similar to the concerns about illegal use of handguns or firearms. Unequivocally, every life matters equally.

We must, however, dispense with false dilemma or false dichotomy arguments — logical fallacies that present two opposing options as the only possibilities when, in fact, more options exist. We must also ignore the mantra of, “You’re either with us or against us,” a fallacy which oversimplifies issues and ignores the possibility of neutral or alternative positions, which makes it easier to sway opinion by presenting an either/or choice that is actually misleading.

Colleagues, I know that we all well understand the importance of persuasive discourse in the chamber. Today, however, we must dispense with false narratives that suggest Bill C-21 in its current form will effectively prevent deaths, harms and crimes caused by firearms and that there is no real choice but to pass Bill C-21 in its current form. We have to dispense with the false narrative that this bill is what victims and victims’ families want and need. It is, alas, the only thing on offer — take it or leave it.

As a provincial court judge, I presided over many gun crime offences, and I can tell you that neither victims nor families want to be in a courtroom. They want the crime to have never taken place; they want to have never lost a loved one. Victims’ groups and advocates are quite rightly deeply invested in firearms legislation. They quite rightly want and deserve change, including assurances of safety and security in their homes, schools, communities, mosques, synagogues and other places or worship. However, it is not a sign of respect to victims of violence to rubber-stamp flawed legislation or legislation that will have limited outcomes. We need intentional, well-designed programs and policies that address the root causes of firearms violence and work in concert with solid legislation to save many lives.

Bill C-21 as drafted will require our courtrooms to determine the impact of this legislation’s ability not to save lives but to pass judgment on those who violate or may have violated the law. Experience tells us that courtrooms offer lagging indicators and statistics, not measures of lives saved.

Unequivocally, Canada needs legislation and measures to prevent firearms tragedies, horrifying acts like those which occurred in Portapique and in the northern community of La Loche, Saskatchewan, like the shootings and murders at the Quebec City Islamic Cultural Centre and the gender-based and misogynistic shootings and murders that took place at École Polytechnique. These tragedies tear at the hearts of Canadians and what it means to be a citizen in our democracy. We need legislation that protects the public good of public safety.

It has been argued that Bill C-21 is proactive legislation that will reduce crime by reducing guns, and that will make Canada a safer place. Is that true? Is it accurate?

I answer this question with these remarks. I reiterate the words of the Canadian Association of Chiefs of Police as stated in the other place:

. . . the real issue, which is illegal firearms and illegal handguns obtained from the United States that have led to the disturbing current trend in gun violence that is largely related to gangs, street gangs and more sophisticated organized crime groups.

The City of Regina Chief of Police Evan Bray also said that “. . . restricting lawful handgun ownership will not meaningfully address the real issue . . .”

I reflect on the pages of observations generated through the witness testimony before the Senate standing committee. There was disappointment with the consultation process from Indigenous groups, farmers, hunters, trappers, ranchers, sport shooters and collectors. It also disappointed researchers and even victims’ group advocates.

Bill C-21 does not speak effectively to the needed policies and programs that respond to domestic violence, intimate partner violence and suicide. Canada needs sufficient psychologists, psychiatrists, doctors and staff to ensure the well-being of our fellow citizens who are struggling with mental health issues. Canada needs public education about the fundamental civic responsibility to respect and preserve the safety and security of all citizens equally — education that quashes white nationalism and other domestic threats. Unfortunately, Canada also needs more shelters for women and children escaping domestic violence, including our 2SLGBTQI+ citizens, as well as removing firearms from such violence through effective gun ownership background checks.

Colleagues, Canada is a very diverse country. We all know that what is required in urban Canada is not necessarily required in rural Canada. Chief firearms officers have a significant role to play in bridging that divide between rural and urban. Chief firearms officers are the people tasked with implementing much of the on-the-ground aspects of this legislation, and here is a key point in what I believe is missing in this legislation.

The chief firearms officers of each province and territory should have the legislative authority, discretion and tools to customize the implementation of this bill in their respective jurisdictions. They understand how to engage with municipalities, both rural and urban.

Just two weeks ago, in the province of Saskatchewan, the government signed a memorandum of understanding with Métis Nation-Saskatchewan to promote firearms safety through education. The Chief Firearms Officer of Saskatchewan, Robert Freberg, and the Chief Firearms Officer of Alberta, Dr. Teri Bryant, have demonstrated their effectiveness in creating necessary change through dialogue, stakeholder engagement and public education. They operate models of excellence, yet they were shut out of providing any input whatsoever into the legislation, despite trying desperately.

To be specific, I believe the Chief Firearms Officer of Saskatchewan is operating a professional, positive, pragmatic and proactive approach for all of Canada to emulate.

Let us be clear — firearms safety is directly related to enforcement, and firearms enforcement is directly related to the investment of financial resources and to meaningful consultation with those affected by legislation. We have heard little to date about how the funding will work to meet the cost of implementing and enforcing this legislation. Without additional funding, chronically underfunded municipal and provincial police forces will not be successful in implementation without receiving specific, dedicated new funds.

The Assistant Commissioner of the RCMP F Division in Saskatchewan, Rhonda Blackmore, is short $20 million required to maintain just existing services in that province. There is an additional problem of recruitment facing all police forces in Canada.

I’ve already spoken about how Bill C-21 is contrary to treaty and Indigenous rights. I will only elaborate to say that the courts have cautioned the federal government against using the court system to solve problems.

In the 1997 Delgamuukw decision, the Supreme Court of Canada specifically told the Government of Canada to work with First Nations proactively and in good faith. I recall Chief Justice Lamer’s admonition. I will paraphrase here. He said, “Don’t keep coming back to the courts for a solution. The courts don’t have the tools you need to find the solution.” The issues require political solutions, which can only be found in a political forum — in other words, consultation, constructive dialogue and a problem-solving ethos.

On this bill, consultation did not occur with First Nations, Métis and Inuit peoples. If meaningful consultation did not occur, how can we assess the merits of this bill, let alone support it? My fundamental concern is that the Senate will be anointing the tyranny of the majority over the minority if it passes this legislation. This place, in this instance, right now, is the last bastion of protection for the rights of Indigenous people. I ask this question: If not now, when? If not you, senators, who?

Rights without respect, without enforcement and without implementation are, in fact, meaningless. With this vote, take the opportunity to demonstrate that the Senate has the utmost respect for our Canadian Constitution when others apparently do not.

One of the fundamental roles of the Senate is to protect minorities from the tyranny of the majority. Please live up to the expectation of your duty. The only effective way to compel the cabinet is to reject this legislation. You have the power to use that tool now.

The current government has less than three years left in its mandate. It is enough time to cure these flaws and to create the legislation that Canada really needs. Legislation is needed that is generated in compliance with the Constitution and necessarily incorporates all the advice, information and tools that are available.

We have heard the government’s explanations but not its reasons for ignoring its responsibility. Why? Because there is no valid justification and no valid excuse for breaching the Constitution in the manner that has been demonstrated in the creation of this legislation. The most effective way to ensure the government responds to these omissions and breaches of the Constitution is to defeat this bill.

Colleagues, in order for Canada’s model of federalism to operate, the principles of collaboration, cooperation and compromise are required. We need statesmanship from the leaders of the federal, provincial and territorial governments. If any one of these governments creates impediments to a constructive relationship, the result will impede the safety of Canadian citizens.

As it stands, this bill, first, is not founded on meaningful consultation with legitimate rights holders, including treaty rights, Indigenous rights and human rights. Second, it is not founded on meaningful consultation with those who have a legitimate workplace safety issue. Third, it is not founded on meaningful consultation with those who will enforce the legislation in each province and territory, especially chief firearms officers. Fourth, it is not based on the ability to target the guns that create gun crimes — the illegal guns that cross Canada’s border. Fifth, it is not based on awareness and education measures that establish what it is that Canadians want, which is crime reduction and personal safety. Sixth, it does not address adequate funding to allow enforcement that will be effective.

Do I believe that Bill C-21 can be fixed? Yes. Do I believe that Bill C-21 needs to be fixed? Yes. Do I believe that as a chamber of sober second thought, it is our responsibility to resolve the incongruity between what is being offered and what is needed? Yes.

If Bill C-21’s fundamental flaws were fixed, I would be its champion. However, Canada does not need or benefit from legislation that is based on placating and soothing promises that it is the best that we can do; that if you pass this bill, it will make things better; and on promises of programs and policies that do not yet exist.

Colleagues, let us not abdicate our responsibility on this issue. I support legislation that enables public safety, but I cannot support this particular legislation. I will vote against Bill C-21, and I invite you to do the same. Thank you.