Cecily Zamora
Canada has recently passed several pieces of legislation, including the Canadian Sustainable Jobs Act (Bill C-50), which aims to promote economic growth and the creation of sustainable jobs, and the National Council for Reconciliation Act (Bill C-29), which establishes a national council for reconciliation led by Indigenous peoples. Another recent bill is the Tax Break for All Canadians Act (Bill C-78), which, as the name suggests, provides tax relief for Canadians. Former Bill C-21, which received Royal Assent on December 15, 2023, focuses on strengthening gun control and keeping Canadians safe from gun violence. It includes measures such as increasing penalties for firearms smuggling and adding new offences for ghost guns.
| Characteristics | Values |
|---|---|
| Date of Royal Assent | December 15, 2023 |
| Name | Former Bill C-21: Keeping Canadians Safe from Gun Crime |
| Purpose | To strengthen gun control in Canada and keep Canadians safe from gun violence |
| Scope | Codifying the national handgun freeze into law, increasing penalties for firearms smuggling and trafficking, and adding new offences |
| Specifics | Individuals can no longer acquire handguns except in specific cases, such as for lawful profession or occupation, or for protection of life |
| Specifics | New offences for altering cartridge magazine capacity, promoting violence in firearm advertising, and possessing/distributing data for 3D printing of firearms |
| Specifics | New licence requirements for transferring certain firearm parts and importing ammunition, and a new definition of a "firearm part" with associated penalties |
| Specifics | "Red Flag" laws and new licence revocation provisions to address the role of firearms in violence |
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What You'll Learn
- Former Bill C-21 amends the definition of prohibited firearm
- Bill C-16 adds gender identity or expression to the Canadian Human Rights Act
- Former Bill C-21 introduces measures to combat gun crime
- Former Bill C-21 increases penalties for firearms smuggling
- Former Bill C-21 includes new harm reduction measures
Former Bill C-21 amends the definition of prohibited firearm
Former Bill C-21, which received Royal Assent on December 15, 2023, is part of the Government of Canada's plan to strengthen gun control and protect Canadians from gun violence. One of the key aspects of the bill is amending the definition of "prohibited firearm" in the Criminal Code to include a new category of firearms that meet specific technical criteria.
The new category of prohibited firearms includes firearms designed and manufactured on or after December 15, 2023, that meet the following criteria: they were originally designed with a detachable cartridge magazine with a capacity of six cartridges or more. This change ensures that high-capacity firearms, which can cause significant harm, are restricted.
Additionally, any "unlawfully manufactured firearm," often referred to as "ghost guns," is now also classified as a "prohibited firearm." Manufacturing firearms without the appropriate licence under the Firearms Act is a criminal offence. This measure addresses the issue of firearms that are challenging to trace and are often associated with criminal activities.
Former Bill C-21 also introduces a range of other measures to combat gun crime and enhance public safety. These include increasing penalties for firearms smuggling and trafficking, adding new offences related to ghost guns, implementing "Red Flag" laws, and introducing new licence revocation provisions to address the role of firearms in various types of violence.
The bill also addresses the importation of restricted handguns into Canada and makes amendments to the Authorizations to Transport Restricted Firearms and Prohibited Firearms Regulations. It is worth noting that some measures in the bill are already in effect, while others will be implemented in phases to allow for the development of necessary systems and regulations.
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Bill C-16 adds gender identity or expression to the Canadian Human Rights Act
Bill C-16, passed in 2017, amends the Canadian Human Rights Act and the Criminal Code by adding "gender identity or expression" to both. This change brings federal laws in line with provincial human rights codes, which already protect transgender and gender-diverse Canadians.
The Canadian Human Rights Act is a federal act that covers the federal government, First Nations governments, and federally regulated employers, such as banks and telecommunications companies. The addition of "gender identity or expression" to this Act means that transgender and gender-diverse individuals are now explicitly protected from discrimination on the basis of their gender identity or expression. This protection already existed under the prohibition on discrimination based on sexual orientation, but the new wording makes it more explicit.
The Criminal Code's hate propaganda offences are expanded by the amendment to include expressions of hatred toward an "identifiable group" based on gender identity or expression. This change is consistent with the Charter's core values of equality and respect for diversity, and it provides necessary protections for transgender people. The Supreme Court of Canada has upheld the prohibition of wilful promotion of hatred as a justifiable limitation on freedom of expression.
The bill sparked a national debate, with critics concerned that it would penalise citizens who do not use specific pronouns when referring to gender-diverse people. However, legal experts clarified that the Criminal Code and the Canadian Human Rights Act do not reference pronouns, and misusing pronouns alone would not constitute a criminal act. The bill does not legislate the use of specific language but rather addresses discrimination or harassment, which could potentially result in jail time through a human rights tribunal process.
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Former Bill C-21 introduces measures to combat gun crime
On December 15, 2023, Former Bill C-21, "An Act to amend certain Acts and to make certain consequential amendments (firearms)," received Royal Assent. This bill is part of the Government of Canada's comprehensive strategy to strengthen gun control and protect Canadians from gun violence. The bill introduces a range of measures to combat gun crime and enhance public safety.
One key component of Former Bill C-21 is the national handgun freeze, which restricts the acquisition of handguns in Canada to specific cases. Individuals with an Authorization to Carry for lawful professions or protection of life, those training or competing in Olympic or Paralympic handgun shooting disciplines, and authorized retailers who meet storage requirements are among the exemptions. Licensed owners can continue to use their registered handguns for target shooting and collection.
The bill also targets firearms trafficking and smuggling by increasing penalties and strengthening law enforcement capacity. It amends the definition of "prohibited firearm" to include firearms with detachable cartridge magazines of a certain capacity and any unlawfully manufactured firearms, known as "ghost guns." The maximum penalty for certain offences, including firearms trafficking and smuggling, has been increased from 10 to 14 years of imprisonment.
Additionally, Former Bill C-21 introduces new offences, such as altering a cartridge magazine's capacity and possessing or distributing data for 3D printing firearms. It also establishes a temporary licence suspension regime, known as the "Yellow Flag" law, allowing for the temporary suspension of an individual's licence if they are suspected of being ineligible to hold a firearms licence. "Red Flag" laws are also introduced to enable the removal of firearms from individuals who may pose a danger to themselves or others.
The Government of Canada is committed to implementing these measures in phases, with some already in effect, and others being introduced gradually to allow for the development of new systems and engagement with relevant stakeholders. The Initiative to Take Action Against Gun and Gang Violence provides funding to the Canada Border Services Agency, the Royal Canadian Mounted Police, and other law enforcement agencies to combat gun and gang crime effectively.
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Former Bill C-21 increases penalties for firearms smuggling
On December 15, 2023, Former Bill C-21 received Royal Assent. This bill is part of the Government of Canada's comprehensive plan to strengthen gun control and keep Canadians safe from gun violence.
Former Bill C-21 amends the definition of "prohibited firearm" in the Criminal Code to include firearms that meet certain technical criteria. Any “unlawfully manufactured firearm” (e.g. ghost guns) is now also defined as a "prohibited firearm." The bill also increases the maximum penalty for certain offences, including firearms trafficking and smuggling, from 10 to 14 years imprisonment. This is to target those who smuggle firearms and is the highest penalty other than life imprisonment.
The bill also allows for the sharing of firearms licence information with law enforcement across Canada to support investigations. It expands the number of firearms offences that are eligible for wiretapping and adds new offences for possessing or distributing computer data for use in a 3D printer or other systems for manufacturing or trafficking firearms.
Other measures in the bill include new harm reduction measures, such as “Red Flag” laws, which allow anyone to apply for a temporary Emergency Prohibition Order or Emergency Limitations on Access Order, and new licence revocation provisions to address the role of firearms in domestic violence, intimate partner violence, gender-based violence, and self-harm.
Public Safety Canada is working with federal partners to implement the new measures in phases, with some measures already in effect and others to come into effect later to allow for the development of new systems and engagement with provinces and territories.
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Former Bill C-21 includes new harm reduction measures
On December 15, 2023, Former Bill C-21 received Royal Assent. The bill is part of the Government of Canada's comprehensive plan to strengthen gun control and keep Canadians safe from gun violence.
Former Bill C-21 includes several new harm reduction measures, including "Red Flag" laws and new licence revocation provisions. These measures aim to address the role of firearms in domestic, intimate partner, and gender-based violence, as well as in self-harm.
The "Red Flag" laws allow anyone to apply to a court for an emergency prohibition order or an emergency limitation on access order. These orders enable the removal of firearms from individuals who pose a danger to themselves or others for up to 30 days, with hearings available to consider longer-term prohibitions of up to 5 years. The laws do not replace existing tools, such as calling emergency services in urgent situations, but enhance them.
The new licence revocation provisions will help protect those in danger from firearms violence in instances of domestic violence, stalking, or when a protection order has been issued against a current licence holder. Former Bill C-21 also introduces a temporary licence suspension regime, requiring the surrender of firearms during a legal challenge of licence revocation. Additionally, the bill closes a loophole regarding 'replica' firearms by prohibiting the importation, exportation, and sale of unregulated airguns that resemble modern firearms.
Other notable measures in Former Bill C-21 include increasing penalties for firearms trafficking and smuggling, adding new offences for ghost guns and altering cartridge magazines, and expanding the number of firearms offences eligible for wiretapping. These measures demonstrate the Canadian government's commitment to addressing gun violence and enhancing public safety.
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Frequently asked questions
Former Bill C-21 received Royal Assent on December 15, 2023. It includes measures to combat gun crime, such as increasing penalties for firearms smuggling and trafficking, adding new offences for ghost guns, and codifying the national handgun freeze into law.
The Canadian Sustainable Jobs Act (Bill C-50) was passed on June 20, 2024. It establishes a framework to promote economic growth, create sustainable jobs, and support workers and communities in the shift to a net-zero economy.
The Canada–Ukraine Free Trade Agreement Implementation Act (Bill C-57) was passed on March 19, 2024. It implements the Canada–Ukraine Free Trade Agreement, which was signed in Ottawa on September 22, 2023.
