Bill to Amend Certain Acts and Regulations in Relation to Firearms

Honourable senators, I rise today to voice my support for Bill C-71 and share with you my thoughts on it, particularly with regard to licensing.

[English]

Human beings focus on what we value. We spend our time on the things we value the most.

[Translation]

That quote is from Stop C-71, a guide that you are all no doubt familiar with. It is inspiring since I truly believe that our thinking should be guided by both the objective analysis of statistics and studies that show the importance of gun control and the desire to protect that which we cherish most, our fellow citizens.

On January 3, 2017, 10 years after his return from Afghanistan, Lionel Desmond, a 33-year-old veteran, tragically took the lives of his wife, daughter, and mother before taking his own life with a gun. That act is extremely sad in and of itself, but the story surrounding it is even sadder. This veteran, who was based in Gagetown, New Brunswick, was suffering from severe post-traumatic stress and depression after his deployment to Afghanistan in 2007. The people around him and his superiors were aware of his mental state.

In late 2015, Mr. Desmond’s wife contacted New Brunswick law enforcement because her husband had told her he was planning to commit suicide and was in possession of a firearm. However, less than three months later, this man applied for, and was again granted, a licence. His application included a medical certificate stating that he was no longer a danger to himself or to others, in spite of his medical history. Mr. Desmond attempted to overcome his mental health issues by checking himself into the hospital for treatment in the summer of 2016, but just two days after asking for help at St. Martha’s Regional Hospital on January 1, 2017, he went on to commit this tragic act.

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[English]

An investigation was ordered in May 2018 to look into the circumstances of this event. One of the goals of the investigation will be to understand why this man was able to get his licence less than three months after the authorities were alerted to his suicidal thoughts. Why was he able to keep that licence in spite of the treatment and care he needed during 2016?

Some may see this tragedy as a heinous crime. Personally, I see it more as a human tragedy that is unacceptable in our society, one that created four victims and four wasted lives, not forgetting the family and friends of each of the victims. It is a tragedy that we must try to prevent by enacting much more effective gun control legislation.

[Translation]

That is not unique in and of itself, but it shows just how complex the debate surrounding gun control is, given the many parameters that must be considered and the many sectors of society that have a stake in the matter. This story is further statistical evidence of an alarming situation that has already been described by a number of my colleagues. I must admit that I was shocked by the statistics. According to Statistics Canada, of the 738 deaths caused by firearms in Canada in 2016, 77 per cent were the result of self-inflicted injuries. In 77 per cent of deaths, crime was not the main factor, but rather human distress, mental health problems and vulnerability.

That is why I applaud the amendments to the Firearms Act made in Bill C-71, especially those that expand the background checks required to get a licence. This will allow for checks going further back than the initial five-year period.

This provision provoked some strong reactions, as many people feared that youthful misdeeds that led to criminal charges would prevent them from getting a licence. However, under the Youth Criminal Justice Act and depending on the offence committed, once the access period is over, the youth record is destroyed or sealed. Accordingly, unless the individual commits another crime as an adult, the information in the record remains inaccessible, even in the case of a background check under the Firearms Act.

As we all know, there is more to a person’s background than a criminal record or the absence thereof. “Threatening conduct” and medical history criteria are crucially important parts of a person’s verification prior to being granted the privilege of possessing a firearm. I want to emphasize that, here in Canada, owning a firearm is a privilege, not a right.

[English]

Many witnesses who appeared before the House of Commons Standing Committee on Public Safety and National Security talked about gun control as being as much a question of public health as of public safety, and I join them in that today.

It is obvious that no legislative amendment alone can eliminate all the problems associated with mental health and firearms suicide. We must therefore adopt mechanisms that will ensure effective collaboration and co-operation among all agencies concerned, whether it is emergency services, hospitals, social services or others. Co-operation and information sharing will ensure that the verification done for issuing or revoking a licence is effective. This will prevent vulnerable individuals with mental health issues from having access to firearms.

[Translation]

This prompts me to highlight Anastasia’s Law, which came into force in Quebec in 2008 and compels professionals, teachers and anyone working in designated institutions to notify authorities when they have reason to believe that a firearm is on the premises. Furthermore, it authorizes professionals such as doctors, social workers, psycho-educators and psychologists to disclose information that is subject to client confidentiality when that information is needed to notify the authorities that a person’s behaviour suggests that they will harm themselves or others with a firearm.

Although this legislation was passed by Quebec in an area falling within its jurisdiction, it could certainly serve as a template. In its twenty-fourth report, the House of Commons Standing Committee on Public Safety and National Security recommended that the Minister of Public Safety work with the provinces and territories to determine when health care professionals have a “duty to warn” that an individual is a danger to themselves or others.

The purpose of subsection 5(2) of the Firearms Act, as amended by Bill C-71, is not to crack down on all firearms owners. Let’s be clear. This is not about preventing someone who suffered from depression ten years ago from owning a firearm for hunting. Each application will be evaluated individually, and evaluations will take into account both the general and specific characteristics of an applicant’s diagnosis.

The committee that studies this bill will be able to help us understand how the “duty to warn” principle should apply and identify which complementary measures the government should implement from a prevention standpoint and to support vulnerable individuals.

[English]

Second, the tragedy I have described also highlights the connection between gun control and spousal or family violence. The importance of this issue has been clearly laid out by our colleague Senator Miville-Dechêne in her speech.

This is one of the investigation questions surrounding the tragic act committed by Mr. Desmond to be examined: Whether the family members were given the help they needed in relation to spousal violence. We will wait for the results of the investigation to tell us more on that specific issue.

However, connections between the presence of a firearm and violence in the family home can be drawn based on certain data available at present.

A New Brunswick study of spousal homicides or homicides followed by suicide showed that 46 per cent of those homicides were committed by firearms and these crimes were more widespread in rural locations than in urban areas.

[Translation]

The results of another study conducted by a research team at the University of New Brunswick show that the normalized presence of firearms in family homes in rural New Brunswick and Prince Edward Island contributed to reducing the perception of firearms misuse. As a result, the public becomes desensitized to situations of abuse and violence against women, children, and animals involving firearms, or because of the presence of firearms in the home.

The study also found that in a home that exhibits characteristics of domestic violence, the mere presence of a firearm can reduce women to silence even if the threat is indirect. These arms contribute to maintaining a climate of fear and intimidation in the home. In all these situations, the overall socio-economic and socio-cultural context of the home has to be taken into consideration.

In order to address the issue of domestic abuse, Bill C-71 would deny licences to applicants who are or have been subject to an order to protect the safety of another person. The same goes for a weapon prohibition order in relation to an offence where violence was used, threatened or attempted against the applicant’s intimate partner. These new provisions will certainly prevent many tragedies and will remove, in part, one stress factor from families living in constant fear and under constant threat.

As some colleagues have pointed out, we are not denying that gangs are a problem, especially in some of our country’s urban areas. This is not about pitting urban areas against rural ones. That said, as Senator Gagné pointed out, the numbers clearly show that gun-related safety issues are more prevalent in rural areas. We need to continue examining this issue to understand the realities in rural areas so that we can help prevent crime, while remaining sensitive to the role firearms have in Canadians’ lives.

People in the regions often believe themselves to be immune to such events, but between 2013 and 2017, there was a 56 per cent increase in gun-related violent crimes in New Brunswick alone. Everyone should be concerned by this.

[English]

As we know, recently four of our fellow Canadians lost their lives to gunfire.

In 2014 in Moncton, Constables Douglas Larche, David Ross and Fabrice Gévaudan were gunned down in the street.

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The common denominator in these two incidents is that the assailants were in possession of a licence and a legally obtained weapon. Firearms licences were issued to people who should never have had the privilege to obtain them.

[Translation]

Many of the provisions of Bill C-71 that have already been mentioned would definitely have a positive impact, not only by reducing the crime rate, but also by mitigating the dangers associated with guns being in the hands of vulnerable individuals. That being said, we must not overlook the screening that needs to happen earlier in the process to prevent these incidents from happening, such as analyzing applicants’ online behaviour. It might be challenging, but we need to be able to detect the early warning signs that an individual is planning to commit an irrevocable act. For instance, the Moncton shooter had developed a fascination with weapons and a bitter hatred for police. Other attackers have had a history of advocating violence online. Anyone who witnesses threatening or troubling behaviour is urged to contact authorities and cooperate fully.

The committee that will be studying this bill will certainly hear from qualified witnesses who have the expertise to break down this bill’s technical dimensions for us. I hope the committee will keep the issues I raised today in mind and will be able to answer these outstanding questions.

Esteemed colleagues, I support this bill because, in my humble opinion, it is a step in the right direction for protecting Canadians and for public health. I hope my speech has inspired each and every one of us to reflect on what we value most, our families and our communities, and on the best way to protect them. As Senator Dalphond so eloquently stated, if this bill saves the life of just one person or prevents just one person from being injured, it will have achieved its purpose.

[English]

I forgot to tell you that a few days ago a man opened fire in a big-box store in Miramichi, before turning his firearm on himself, following a police car chase. His mother is devastated. Today, honourable senators, my thoughts are for her. Thank you.