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Bill to Amend Certain Acts and Regulations in Relation to Firearms

Twenty-first Report of National Security and Defence Committee--Debate Continued

April 30, 2019


Honourable senators, you will recall that I was describing and explaining the reasons why I am planning to vote against the report of the committee on Bill C-71. I explained that the bill, as we received it from the other place, contained a number of provisions that implemented very specific legislative proposals; indeed, the three top legislative proposals detailed in the Liberal Party platform.

I further shared with you my view that, despite evidence and testimony to the contrary, as there always is, there was strong and compelling evidence that supported the provisions in Bill C-71 that provided for lifetime background checks before someone could obtain a permit.

I then shared with you two of the many precedents whereby we in the Senate voted to reject a committee report, notwithstanding that the report was done in good faith and by the books, as this one indeed was. But as other senators before me have affirmed, when a report weakens the bill so as to defeat its main purpose and objective, then it is fitting and proper that the Senate reject the report, as it did on a number of occasions in the previous Parliament.

So I now arrive at the conclusion of my remarks, and I’d like to explain to you the basis upon which I will be voting against this report.

The Hon. the Speaker [ + ]

Senator Gold, your time has expired. Are you asking for more time?

The Hon. the Speaker [ + ]

Honourable senators, is leave granted for five minutes?

In reaching the decision to vote against this report, I am not relying upon the so-called Salisbury convention. First, I’m not convinced that this is properly part of the Canadian constitution, given the differences between our Parliament and that in the United Kingdom.

Second, a convention is a rule that applies in an all-or-nothing fashion, and I believe that would run counter to our autonomy as senators to amend or reject legislation where circumstances so require.

But I am relying on a principle, a principle that I believe lies at the core of our responsibilities as senators. It’s a principle that’s captured in Sir John A. Macdonald’s oft-cited dictum that the Senate should never set itself in opposition against the deliberate and understood wishes of the people, and it follows, logically and compellingly, from the Senate’s role as a complementary legislative body.

So let’s call this the principle of senatorial self-restraint. Unlike a rule, this principle does not necessarily determine the decision one way or the other. Instead, it must be weighed with all other relevant considerations, including our role to ensure fair treatment of vulnerable minorities and to protect regional interests.

This leads me to ask the same questions of this report that I would ask whenever I have to decide whether to support or oppose a government bill, especially one that implements specific electoral campaign promises, because to accept this report is, as others before me have stated, for all intents and purposes, to reject the most important and central aspects of Bill C-71.

I won’t repeat what I said earlier that legislating lifetime background checks is a legitimate policy choice amply supported by the evidence at committee. But because I believe my responsibilities as a senator go further than that, I am required to answer the following questions before I decide how to vote: Does Bill C-71 unfairly affect and impact a vulnerable minority? Honourable senators, it clearly does not.

Does Bill C-71 infringe upon the constitutional rights of Canadians? It does not, for as our Supreme Court has stated on several occasions, Canadians, unlike Americans, do not have a constitutional right to bear arms.

Does Bill C-71 unfairly burden one region over another? It does not.

Honourable senators, I can find no good reason to refuse to give effect to the policy choices in Bill C-71, policy choices that the government spelled out in great detail in their electoral platform. Accordingly, I can find no principled reason to accept this report.

Indeed, quite the contrary. Our rules, our precedents and our principles persuade me that it is fitting and proper that we reject the report and restore Bill C-71 as it was when we approved it at second reading.

This is why I will be voting against the report, and this is why I would encourage honourable senators to do the same.

Thank you for your kind attention.

The Hon. the Speaker [ + ]

Would you take a question, Senator Gold?

Hon. Pierre-Hugues Boisvenu [ + ]

Senator Gold, since you quoted me in your speech, I will respond immediately. When I asked the witnesses in committee about five-year background checks versus lifetime background checks, I was referring to the backlog of 5,000 cases in 2017 in British Columbia, Yukon and Saskatchewan.

When I asked the question about whether lifetime background checks would reduce delays, I did not get as clear of an answer as you just gave. However, the answer that I found the most vague was given when I asked about what would happen if background checks had to be done on patients who are 60 years of age and, rather than doing them for a period of five years, they were done for a period of 60 years, or for a lifetime. This would include medical and psychiatric background checks. The doctor replied that such checks would be nearly impossible to do considering how much people move and other factors.

My question, then, is as follows. What is the time frame involved when a police force asks a psychiatrist for a patient evaluation? How long does it usually take these days for a police force to get the information so that weapons can be taken away?

The Hon. the Speaker [ + ]

Senator Gold, your time has expired again. Are you asking for another five minutes to answer the question?

Senator Plett [ + ]

Only that question.

The Hon. the Speaker [ + ]

Just to answer the question. Is it agreed, honourable senators?

I thank the honourable senator for his question. We heard the answers to these questions regarding time frames on a number of occasions. I must admit, the time frames are troubling, no matter the reason.

That being said, I found the minister’s testimony convincing when he said it was a question of resources and then promised to provide the necessary resources to ensure the work is done correctly. Second, as several witnesses also indicated, it’s a question of principle. If we can get the necessary resources in place, in the appropriate circumstances, we could save lives. In the end, I was satisfied with that answer so I feel comfortable supporting the government in its efforts to legislate in that regard.

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