SECU Committee Meeting
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Minutes of Proceedings
Sandro Giammaria, Phaedra Glushek, Rachel Mainville-Dale, Rob Daly and Kellie Paquette answered questions.
The committee resumed its clause-by-clause study of the Bill.
On Clause 3,
Taleeb Noormohamed moved, — That Bill C-21, in Clause 3, be amended(a) by replacing line 18 on page 2 with the following:
3 (1) Paragraph 109(1)(b) of the Act is replaced by
(b) adding after line 28 on page 2 the following:
(2) Paragraph 109(1)(b) of the Act is replaced by the following:
(b) an offence under subsection 85(1) (using firearm in commission of offence), 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 102.1(1) (possession of computer data), 102.1(2) (distribution of computer data), 103(1) (importing or exporting knowing it is unauthorized) or 104.1(1) (altering cartridge magazine) or section 264 (criminal harassment),
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to.
Clause 3, as amended, carried on division.
On new Clause 3.1,
Taleeb Noormohamed moved, — That Bill C-21 be amended by adding after line 28 on page 2 the following new clause:3.1 (1) The portion of subsection 109(1) of the Act after paragraph (c.1) is replaced by the following:
(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,
the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.
(2) The portion of paragraph 109(2)(a) of the Act before subparagraph (i) is replaced by the following:
(a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, firearm part, ammunition and explosive substance during the period that
(3) Subsection 109(3) of the English version of the Act is replaced by the following:
(3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, firearm part, ammunition and explosive substance for life.
(4) Subsections (1) to (3) come into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to.
3.1 (1) The portion of subsection 110(1) of the Act after paragraph (a) is replaced by the following:
(b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,
the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, and if the court decides that it is so desirable, the court shall so order.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to.
At 4:38 p.m., the sitting was suspended.
At 5:32 p.m., the sitting resumed.
On Clause 4,
Taleeb Noormohamed moved, — That Bill C-21, in Clause 4, be amended by(a) replacing line 29 on page 2 with the following:
4 (1) The Act is amended by adding the following af-
(b) adding after line 18 on page 8 the following:
(2) Subsection 110.1(1) of the Act is replaced by the following:
110.1 (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, if the person believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.
(3) Subsection 110.1(3) of the Act is replaced by the following:
(3) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.
(4) Subsections (2) and (3) come into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on division.
“110.1 (1) A member of the immediate family of a person or a person who resides with that person, or an organization authorized to submit an application on their behalf, a peace officer or a medical professional may make an ex parte application to a provincial court judge for an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, if they believe on”
After debate, the question was put on the amendment of Glen Motz and it was negatived on the following recorded division:
YEAS: Jacques Gourde, Glen Motz, Pierre Paul-Hus, Doug Shipley — 4;
NAYS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Kristina Michaud, Taleeb Noormohamed, Peter Schiefke — 7.
“(2.1) If the provincial court judge determines that the hearing of an application shall be held in private in accordance with subsection (2), the judge shall consider any background information submitted by a peace officer following any investigation relating to the person against whom the order is sought before deciding if an order should be made.”
After debate, the question was put on the amendment of Glen Motz and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.
(a) by deleting line 37 on page 3 to line 5 on page 4.
(b) by deleting lines 15 to 17 on page 5.
(c) by replacing lines 34 to 37 on page 5 with the following:
“110.1(3) or the warrant issued under subsection 110.1(5) shall — subject to any terms and”
After debate, the question was put on the amendment of Glen Motz and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.
(a) by replacing lines 7 to 18 on page 4 with the following:
“subsection (5) shall immediately make a return to the provincial court judge who issued the warrant showing the things or documents, if any, seized and the date of execution of the warrant.”
(b) by replacing line 20 on page 4 with the following:
“from a person against whom an order has been”
After debate, the question was put on the amendment of Glen Motz and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.
Clause 4, as amended, carried on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Taleeb Noormohamed, Peter Schiefke — 6;
NAYS: Jacques Gourde, Glen Motz, Pierre Paul-Hus, Doug Shipley, Mario Simard — 5.
On Clause 5,
Taleeb Noormohamed moved, — That Bill C-21, in Clause 5, be amended by replacing line 19 on page 8 with the following:5 (1) Subsection 111(1) of the Act is replaced by the following:
111 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, if the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.
(2) Subsection 111(5) of the Act is replaced by the following:
(5) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for the period, not exceeding five years, that is specified in the order, beginning on the day on which the order is made.
(3) Subsection 111(11) of the Act is repealed.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to.
Clause 5, as amended, carried on division.
On Clause 6,
Glen Motz moved, — That Bill C-21, in Clause 6, be amended by replacing line 22 on page 8 with the following:“112 A provincial court judge shall, on application by the”
After debate, the question was put on the amendment of Glen Motz and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.
“ist or were unfounded.”
After debate, the question was put on the amendment of Glen Motz and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.
Clause 6, as amended, carried on division.
Clause 7 carried on division.
Clause 8 carried on division.
Clause 9 carried on division.
On new Clause 9.1,
Taleeb Noormohamed moved, — That Bill C-21 be amended by adding after line 8 on page 9 the following new clause:9.1 Subsection 117.01(1) of the Act is replaced by the following:
117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to on division.
On Clause 10,
Taleeb Noormohamed moved, — That Bill C-21, in Clause 10, be amended by(a) replacing line 9 on page 9 with the following:
10 (1) The Act is amended by adding the following
(b) adding after line 15 on page 15 the following:
(2) Paragraph 117.0101(1)(a) of the Act is replaced by the following:
(a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and
(3) Subsection (2) comes into force on a day to be fixed by order of the Governor in Council.
After debate, the question was put on the amendment of Taleeb Noormohamed and it was agreed to.
(a) by deleting lines 20 to 31 on page 10.
(b) by replacing line 33 on page 10 to line 2 on page 11 with the following:
“subsection (6) shall immediately make a return to the provincial court judge who issued the warrant showing the things, if any, seized and the date of execution of the warrant.”
(c) by replacing line 22 on page 11 with the following:
“section (6), and a peace officer, a firearms officer or”
(d) by replacing line 33 on page 11 with the following:
“(12) Any things seized under subsection (6) from a”
(e) by deleting lines 12 to 14 on page 12.
(f) by replacing lines 32 to 35 on page 12 with the following:
“117.0101(3) or the warrant issued under subsection 117.0101(6) shall —”
After debate, the question was put on the amendment of Glen Motz and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.
Clause 10, as amended, carried on the following recorded division:
YEAS: Paul Chiang, Pam Damoff, Iqwinder Gaheer, Peter Julian, Taleeb Noormohamed, Peter Schiefke, Mario Simard — 7;
NAYS: Jacques Gourde, Glen Motz, Pierre Paul-Hus, Doug Shipley — 4.
At 7:02 p.m., the committee adjourned to the call of the Chair.