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Overview—Standing Committee on Public Safety and National Security: Study on gun violence (March 1, 2022)

Scenario note

Issue

On , the House of Commons unanimously adopted a motion put forth by Bloc Québécois (BQ) Member of Parliament Kristina Michaud, which instructed SECU to undertake a study on gun violence and gun control. SECU met on Tuesday, , to discuss MP Michaud's motion. A number of proposed sub-amendments were debated from and the final motion as amended was carried as follows:

That in addition to the meeting already scheduled by the Standing Committee on Public Safety and National Security on , to hear from the Minister of Public Safety and from Departmental officials, the Committee:

  1. invite representatives from the Canada Border Services Agency and union representatives of the Agency's employees and the Royal Canadian Mounted Police to appear for a period of three hours and that this meeting be held no later than
  2. include in this study the following urgent issues in relations to firearms:
    1. all the ways that firearms are illegally diverted including smuggling across the United States border and domestic diversion
    2. the increasing involvement of gangs in firearms, the review of the programs that address the causes of youth gang involvement, programs that prevent recruitment and retention, the causes of high recidivism rates and programs that promote diversion
    3. plan additional meetings to hear from witnesses based on suggestions from the various parties on the Committee, with the understanding that they will provide their suggestions to the Clerk of the Committee no later than Friday, , at 4:00 pm
    4. complete witness testimony no later than , at which point the Committee will draft and complete a report to be tabled in the House no later than

On , the Minister of Public Safety, the Commissioner of the RCMP, the President of the CBSA, and their respective officials, appeared during the first meeting of the seven-meeting study. On , the Vice-President, Intelligence and Enforcement Branch, and the Vice-President, Commercial and Trade Branch, appeared alongside the RCMP, the President of the Customs and Immigration Union, and the President of the National Police Federation for three hours.

The CBSA should focus on its successes in interceptions at the border as well the integrated border approach. Identified key themes and messages are broken down as follows:

  1. Relationships: The CBSA works closely with its domestic and international partners to identify and intercept illicit firearms
  2. Border enforcement doesn't just happen at the border: The CBSA takes a pre-border, at-border and post-border approach to tackling firearms smuggling
  3. Investments received: The CBSA has received funding to tackle firearms smuggling
  4. Making a difference: The investments made by the CBSA are generating results
  5. CBSA workforce: Border Services Officers are well trained and well equipped to perform their duties

Public Safety (PS) is updating the binder for the Minister's use. The RCMP, similarly to the CBSA, is focusing its materials on its role on their efforts to counter firearms smuggling, including work with key partners. Their briefing materials will be supported by key investments and notable results.

Parliamentary context

Since the CBSA appeared in December and early February, SECU heard from stakeholder testimony that largely focused on firearm legislation and prevention as an important deterrent. Given that the Minister will be appearing, the Committee will likely chose to address their questions to him. However, issues of interest to members could arise, including issues raised by other witnesses, such as increased involvement in joint operations, vulnerabilities in air, marine, rail mode, and low staffing and lengthy training.

The Conservative Party of Canada (CPC) asked witnesses for their views on firearm legislation, particularly seeking opinions on the proposed buy-back program and minimum sentencing (former C-5, Criminal Code and the Controlled Drugs and Substances Act).

The Bloc Québécois (BQ) focused on how law enforcement agencies work with Québec as well as the need for additional resources, including more officers or using technology, to monitor the border.

The New Democratic Party's has focused on community safety, driven by witnesses repeatedly highlighting the importance of prevention and education as a main deterrent from firearm violence and gang activity.

General information

Date:
Time: From 12:00 pm to 2:00 pm
Location: Room 035-B, West Block
Mode: Hybrid. The Minister will appear in person and will be supported senior officials from PS, RCMP, and CBSA, who are appearing virtually.

Appearing:

The Honourable Marco Mendicino, Minister of Public Safety

Public Safety Canada (TBC)

Talal Dakalbab, Assistant Deputy Minister, Crime Prevention Branch

Royal Canadian Mounted Police (TBC)

  • Brenda Lucki, Commissioner, RCMP
  • Stephen White, Deputy Commissioner, Specialized Policing Services

Canada Border Services Agency

  • John Ossowski, President, CBSA
  • Scott Harris, Vice-President, Intelligence and Enforcement Branch

SECU Members:

  • Liberal Party of Canada
    • The Honourable Jim Carr, Chair
    • Paul Chiang
    • Pam Damoff, Parliamentary Secretary to the Minister of Public Safety
    • Ron McKinnon
    • Taleeb Noormohamed
    • Sameer Zuberi
  • Conservative Party of Canada
    • Raquel Dancho, Shadow Minister for Public Safety
    • Dane Lloyd, Shadow Minister for Emergency Preparedness
    • Doug Shipley
    • Tako Van Popta
  • Bloc Québecois

    Kristina Michaud, Critic for Public Safety and Emergency Preparedness, Climate Change, Youth

  • New Democratic Party of Canada

    Alistair MacGregor, Critic for Public Safety, Agriculture and Food; Deputy Critic for Justice)

Opening remarks

At the beginning of the meeting, the Chair will invite the Minister to deliver his opening remarks, which will be followed by questions from Committee members to all officials. At this time, it is expected that only the Minister will be providing opening remarks.

Rounds of questioning

At the Chair's discretion, questions from committee members will proceed as follows:

  • First round: 6 minutes for each party in the following order: CPC, LPC, BQ, NDP
  • For the second and subsequent rounds: CPC, 5 minutes; LPC, 5 minutes; BQ 2.5 minutes and NDP 2.5 minutes; CPC, 5 minutes ; LPC, 5 minutes
  • A third and four round are possible, given the length of the meeting

Key messages

1. Relationships

The CBSA works closely with its domestic and international partners to identify and intercept illicit firearms.

While the CBSA is mandated to enforce ports of entry and the RCMP is mandated to enforce the remainder of the border, our teams work hand-in-hand to identify, interdict and prosecute those involved in firearms smuggling.

The CBSA collaborates with its law enforcement partners to share intelligence and conduct joint operations.

In 2021, the CBSA National Firearms Intelligence Desk was established to maintain a real-time threat picture of illicit firearms in Canada and their movement across our borders.

[Redacted]

The CBSA regularly engages in joint firearms smuggling investigations with policing partners, including the RCMP, provincial police, and local policing agencies.

Customs Act infractions related to firearms detected at a port of entry are often also contraventions of the Criminal Code.

Because the Agency does not have the authority to investigate Criminal Code infractions alone (as stated in the CBSA Act), the CBSA conducts joint investigations with the RCMP, other law enforcement agencies, and police. Border-related offences linked to major organized crime activity are also referred to the RCMP.

CBSA investigators participate in different law enforcement task forces and joint force operations that deal with firearms investigations, which may lead to firearms being interdicted and later enforcement actions.

Working with Indigenous communities

The CBSA has various mechanisms in place to facilitate Nation-to-Nation engagement, including an active presence at Recognition of Indigenous Rights and Self-Determination Tables.

The CBSA is working with Indigenous communities near ports of entry, notably the Mohawks of Akwesasne, to address the unique challenges of cross-border and multi-jurisdictional territories.

Early last year, the CBSA and Mohawk Council of Akwesasne (MCA) launched of a co-developed strategy to improve the border crossing experience at the Cornwall port of entry. The MCA-CBSA Border Collaboration aims to improve the daily lives of all who work, utilize, or travel through the Akwesasne-Cornwall border crossing.

Additionally, the CBSA regularly meets with key partners, including the Cornwall Regional Task Force (CRTF), to discuss intelligence sharing, current enforcement trends, and to future joint force projects.

The Cornwall Regional Task Force has the mandate to enforce the law along the controlled-uncontrolled borders, gather intelligence, interdict the flow of contraband, and conduct criminal investigations into the illegal activities related to the smuggling of contraband.

The partnership of the CRTF members, which include the RCMP, the Ontario Provincial Police (OPP), the Akwesasne Mohawk Police Service, and the Ontario Ministry of Finance, is highly effective in communication, working collaboratively, and targeting all cross border enforcement activities, specifically between the points of entry and related to enforcement of the Customs Act.

A recent example of collaboration between law enforcement partners incudes a recent arrest of a Cornwall Island resident and seizure of a number of firearms, ammunition, multi-round firearm magazines, packaged cocaine, and pills believed to be oxycodone. The search warrant execution was the conclusion to a month-long investigation with the help of the CBSA.

2. Border enforcement doesn't just happen at the border

The CBSA takes a pre-border, at-border and post-border approach to tackling firearms smuggling.

Because organized crime can have a broad reach, the CBSA Firearms Strategy focuses on identifying criminal networks and trafficking routes to prevent illicit firearms from crossing the border.

While the CBSA has seen threats in all entry modes, the postal mode has been identified as one with a particularly elevated risk. Firearms parts, including uncontrolled parts, are being imported into the country and used to create firearms. For example, in 2021 the CBSA seized 3650 replica firearms. Many of these were imported and declared appropriately but met the projectile velocity or determination of a real firearm and could easily be converted into one.

Follow-up investigations often happen after initial border interceptions, and law enforcement officials across the country have removed significant numbers of firearms and other weapons from our communities and brought numerous individuals before the courts to face criminal charges under the Criminal Code and the Customs Act.

The CBSA assists RCMP (or other relevant police) by providing border-crossing data in cases where firearms have been found inland, but are believed to have been smuggled into Canada.

From , to , Criminal Investigations opened a total of 58 assistance cases involving firearms. Due to system limitations, it is not possible at this time to provide additional information on the exact internal or external partner where Criminal Investigations provided assistance.

Examination in all modes

The CBSA uses an integrated and risk based approach by assessing goods before they arrive in Canada, leveraging investments in data and technology to focus on high-risk importations.

All shipments entering Canada are assessed for the risk they present to Canada and Canadians. In some cases this requires deeper and more intrusive inspections and examinations, in accordance with appropriate legal authorities, by officers at ports of entry, while in other areas we rely on data analytics, intelligence and the targeting of specific packages or containers.

The CBSA leverages detection tools like x-ray technology and detector dogs to quickly and effectively identify contraband such as guns and drugs coming across the border.

In 2021, the CBSA conducted over 220,000 commercial examinations, 25,000 more inspections than in 2020.

The CBSA will continue to modernize the border in the coming years. We will continue to grow our ability to identify high risk shipments entering our country by preventing them from arriving in Canada through preclearance inspections in the United States, using advanced data analytics and intelligence, and working collaboratively with other law enforcement agencies, partners and stakeholders.

Importation and exportation of firearms

The RCMP and Global Affairs Canada set the policies that regulate the importation and exportation of firearms under the Criminal Code, the Firearms Act, the Export and Import Permits Act, and the associated regulations.

The CBSA ensures compliancy with the law by examining the firearm to confirm whether it is legal for importation, ensuring the permit process is complete, and by sharing information with the RCMP as well as the province in which the firearm is being imported.

Currently, there is no requirement for non-residents to report the exportation of firearms to the CBSA.

3D printed illicit firearms continue to be a growing issue in Canada and globally and the CBSA is observing a rise in cases. Firearm part interceptions at the border can be an important tool for tracking domestically 3D printed illicit firearms.

The CBSA is working to identify these links at the border on importation and via analysis pre-and post border. The Agency works collaboratively with law enforcement when such cases are identified. Recent successes demonstrate the value of our partnership with our domestic law enforcement partners in advancing cases involving privately made firearms.

There are no restrictions on the import of 3D printers. Schematic files for manufacturing can easily be found on the Internet, and firearm parts can legally be purchased or imported in Canada without a possession and acquisition license. With several available online videos, anyone with a basic understanding of the internal components of firearms and access to basic tools can assemble a "ghost gun."

3. Investments received

The CBSA has received funding to tackle firearms smuggling.

Budget 2018 Taking Action Against Guns and Gangs

The CBSA received $51.5 million over five (5) years with $7.5 million ongoing. Funding was also provided to Indigenous organizations to help build capacity through education, outreach and research, addressing the unique needs of Indigenous communities and urban populations.

The CBSA used this funding to make critical investments in border security and technology that enhance its capacity to interdict the illegal trafficking of firearms.

Budget 2021 Firearms

The CBSA received $35.7 million over five (5) years and $6.8 million ongoing. This funding will allow the CBSA to enhance its intelligence and investigative and information-sharing capacity in an integrated gun interdiction framework.

4. Making a difference

The investments made by the CBSA are generating results.

These investments have created real results. In 2019 to 2020, the CBSA's Drugs and Firearms detector dog teams contributed to the seizure of 74 firearms, 42 magazines, and 22 prohibited weapons. Even with significantly fewer passengers due to COVID border closures in 2020 to 2021, the CBSA dogs were involved in the seizure of 72 firearms, 110 magazines, and 6 prohibited weapons. This is only part of the effort which resulted in over 1,000 firearms seized by the CBSA last year.

These seizures help keep our communities safer; one firearm can be used multiple times so a single seizure can have a ripple effect. (Commercial and Trade Branch)

From , to , the CBSA has opened 132 criminal investigations into firearms issues. Many investigations are ongoing or charges are still before the courts, however, the CBSA has laid charges in 66 cases involving firearms. During this same period, courts have imposed guilty convictions in 30 cases.

From , to , Criminal Investigations opened a total of 755 leads involving firearms. Out of these leads, Criminal investigations was able to further action 437 (58%) by either opening an associated project or criminal case or referring the lead to one of our partners.

5. CBSA workforce

Border Services Officers are well trained and well equipped to perform their duties.

The CBSA has implemented the 2019 to 2022 National Officer Outreach and Recruitment Strategy focused on increasing awareness of BSO positions to help candidates remain close to home.

We participated in roughly 140 officer-recruitment and outreach events across the country in 2021 to 2022.

Additionally, we have created an Indigenous Candidate Mentorship initiative to support Indigenous candidates during the selection process by matching them with Indigenous frontline employees of the CBSA.

Due to COVID-19, several human resources practices have been adapted, many of which made the Officer Induction Model more efficient and triggered adjustments to the Officer Induction Trainee Program curriculum.

All recruits receive a training stipend of $125/week, plus accommodations and meals, during the in-residence portion of the training (13 weeks total).

Since , 311 officer trainees have entered the Officer Induction Development Program and 188 were recommended for promotion (from a FB-02 to a FB-03 Border Services Officer) with an expected success rate of 98.5% by the end of fiscal.

Training and development programs: Multiple training and development initiatives for officers and superintendents have been launched since with close to 500 people attending over 100 sessions. We also launched a working group to look at the process for inviting employees to participate in further training, and a new approach that helps Student Border Services Officers secure work location in the region they previously worked.

Key investments

Taking Action Against Guns and Gangs

Government announced $51.5 million over 5 years with $7.5 million ongoing for the CBSA
[Note: CBSA received $92.8 million over seven (7) years and $7.5 million ongoing on a cash basis]

Objective: a multi-pronged approach to tackle gun and gang activity in Canada intended to bring together federal, provincial and territorial efforts to support community-level prevention and enforcement efforts, build and leverage unique federal expertise and resources to advance intelligence related to the illegal trafficking of firearms, and invest in border security to interdict illicit goods including guns and drugs.

Initiative 1: Illicit Guns in Postal Facilities

Amount: $10.9 million/7 years and $1.2 million on-going

Results achieved:

  • Six new X-ray machines were purchased and five have been deployed to [Redacted] mail processing facilities
  • The investment in Dual View X-ray technology allows the Agency to process all mail in a consistent, efficient, and non-intrusive manner
  • [Redacted]

Initiative 2: Detector Dog Teams (DDTs)

Amount: $16.7 million/7 years and $1.2 million on-going

Results achieved:

  • DDTs were trained and deployed in In 2019 to 2020, the CBSA's Drugs and Firearms detector dog teams contributed to the seizure of 74 firearms, 42 magazines, and 22 prohibited weapons. Even with significantly fewer passengers due to COVID border closures in 2020 to 2021, the CBSA dogs were involved in the seizure of 72 firearms, 110 magazines, and 6 prohibited weapons. This is only part of the effort which resulted in over 1000 firearms seized by the CBSA last year
  • The teams continue to be fully functional and are operating as expected
  • Work will continue to be undertaken by the five trained firearms detector dog teams at select Ports of Entry

Initiative 3: Construction and Maintenance of an All-Weather Facility

Amount: $16.7 million/7 years and $1.2 million on-going

Results achieved:

  • The All Weather Facility is currently in the final phase of its construction and is currently scheduled to be completed by the spring of 2022
  • When operational, the facility will provide a year-round training centre with agility course and airport simulations for Detector Dog Teams

Initiative 4: [Redacted]

Amount: [Redacted]

Results achieved: [Redacted]

Initiative 5: Advanced Vehicle Concealment Techniques Course

Amount: $0.6 million/7 years and $0.2 million on-going

Results achieved:

  • Ongoing personnel, operations, and maintenance funding for the newly developed national training product to train in the identification and interdiction of crime guns and weapons for the CBSA officers
  • The training of officers was temporary halted due to COVID-19 protocols, but is expected to continue in the spring of 2022

Initiative 6: Air Cargo Security

Amount: $55.9 million/7 years and $4.1 million on-going

Results achieved:

  • Expand use of hand-held and pallet-sized X-ray technology and deployment of Contraband (tool) Outfitted Mobile Examination Trucks (COMETs) into the Air mode at select major airports
  • Currently all handheld and postal X-ray equipment has been purchased and is operational. The 14 COMETS along with the detection technology tool kits have all been purchased and are operational
  • CBSA is currently in the process of securing a vendor through an Request For Proposal process for the purchase of Pallet Large Scale Imaging equipment to be implemented at the airports

Of note, RCMP-CFP also transfers $1.7 million annually to the CBSA to cover the incremental costs incurred to administer the provisions of Section 35 of the Firearms Act.

Budget 2021

Total CBSA Funding: $35.7 million over five years and $6.8 million ongoing

Objective: To help protect Canadians from gun violence and to fight gun smuggling and trafficking. CBSA funding would help to enhance intelligence and investigative and information-sharing capacity.

Initiative 1: [Redacted]

Amount: [Redacted]

Planned Results: [Redacted]

Initiative 2: [Redacted]

Amount: [Redacted]

Planned Results: [Redacted]

Initiative 3: [Redacted]

Amount: [Redacted]

Planned Results: [Redacted]

Initiative 4: [Redacted]

Amount: [Redacted]

Planned Results: [Redacted]

Initiative 5: [Redacted]

Amount: [Redacted]

Planned Results: [Redacted]

Key statistics: Seizures, assists and investigations, inspections in all modes

Firearm seizures: Statistics

Firearm seizures: Due to the travel restrictions imposed in response to COVID-19, the number of travellers decreased, which led to an associated decrease in firearms seizures and, as a result, fewer criminal prosecutions. Average yearly seizures from 2016 to 2020 were 436 seizures, 656 items. In 2021, there were 407 seizures and 1,121 items seized.

  • Firearms seizures in 2021: 407 seizures, 1,121 items
  • Total seizures in 2020: 291 seizures, 495 items
  • Average yearly seizure (2016 to 2020): 436 seizures, 656 items
Firearm seizures (broken down by province)
Province 2016 2017 2018 2019 2020 2021 Total
Alberta 37 28 18 25 9 32 149
British Columbia 153 141 110 105 82 88 679
Manitoba 16 11 7 12 8 7 61
New Brunswick 20 18 15 15 3 8 79
Newfoundland and Labrador - - - 1 1 1 3
Nova Scotia 1 - 1 - - - 2
Ontario 215 209 241 261 153 233 1,312
Quebec 32 32 35 27 14 20 160
Saskatchewan 17 20 21 21 17 13 109
Yukon Territory 5 8 5 4 4 5 31
Total 496 467 453 471 291 407 2,585

Source: ICES;

Restricted and prohibited firearms seizures
Type of firearms 2016 2017 2018 2019 2020 2021
Antique Firearm 4 5 10 1 6 12
Assault Pistol - - 1 1 1 -
Fully automatic Carbine - - - - 3 13
Fully automatic Pistol - 3 5 2 1 4
Fully automatic Rifle - 1 - 2 2 2
Handgun 259 288 380 385 187 447
Revolver 105 100 88 93 114 50
Rifle 74 68 87 76 56 49
Sawed-off Rifle 1 - - - - -
Sawed-off Shotgun 1 1 1 2 2 -
Semi automatic Carbine 5 16 2 6 13 3
Semi automatic Pistol 125 112 96 103 58 140
Semi automatic Rifle 10 10 16 16 12 18
Shotgun 38 46 20 27 27 30
SSS-1 Stinger - - 1 - - -
Other - 88 2 2 13 353
Total number of firearms seized 622 738 709 716 495 1,121
Total number of firearms seizures 496 467 453 471 291 407

Notes:

  • Total Seizure numbers can be influenced by major operations or significant seizures
  • Seizure numbers include wrong turns by US citizens who legally own firearms in the US, and did not mean to enter Canada

Source: ICES;

Firearms seized by stream
(Includes restricted, non-restricted and prohibited firearms)
Year [Redacted] [Redacted] [Redacted] [Redacted] Total
2016 492 0 0 4 496
2017 459 1 3 4 467
2018 438 0 8 7 453
2019 457 0 6 8 471
2020 266 3 7 15 291
2021 338 8 44 17 407
Total 2,451 12 68 56 2,587

Source: ICES;

Criminal investigations

Since , the Agency has opened 132 criminal investigations into firearms issues. Many investigations are ongoing or charges are still before the courts, however, the CBSA has laid charges in 54 cases involving firearms. During this same period, courts have imposed guilty convictions in 30 cases.

From , to , 5 criminal investigations were opened by the CBSA in the Quebec Region. These numbers include cases where the CBSA had a significant investigative role, and do not include cases where the CBSA would have referred the case/information to policing partners which may have resulted in subsequent investigations led by those agencies.

  to
to
to
Number of firearms criminal investigation cases opened 63 53 16
Number of firearms cases with charges laid 25 29 0
Number of successful prosecutions
(cases in which a conviction has been obtained to date)
14 16 0
Note: The reporting period includes periods from mid- when COVID-19 protocols in place at the CBSA and limits were placed on Criminal Investigations' ability to conduct investigative activities.

From , to , Criminal Investigations opened a total of 755 leads involving firearms. Out of these leads, Criminal investigations was able to further action 437 (58%) by either opening an associated project or criminal case or referring the lead to one of our partners.

Assists

, to , Criminal Investigations opened a total of 66 assistance cases involving firearms. Due to system limitations, it is not possible at this time to provide additional information on the exact internal or external partner where Criminal Investigations provided assistance.

Commercial examination by mode
In 2021, the CBSA performed over 220,000 commercial examinations
Year [Redacted] [Redacted] [Redacted] [Redacted] Total
2016 [Redacted] [Redacted] [Redacted] [Redacted] 159,165
2017 [Redacted] [Redacted] [Redacted] [Redacted] 173,864
2018 [Redacted] [Redacted] [Redacted] [Redacted] 173,969
2019 [Redacted] [Redacted] [Redacted] [Redacted] 183,907
2020 [Redacted] [Redacted] [Redacted] [Redacted] 196,206
2021 [Redacted] [Redacted] [Redacted] [Redacted] 221,265
Total [Redacted] [Redacted] [Redacted] [Redacted] 3,688

Source: ACROSS (commercial compliance), TITAN (health, safety, and security);

Questions and answers

A) Questions raised in Parliament

1) Thank you, Mr. Chair. Thank you to all the witnesses for being here with us today. Throughout the day, we've heard this sort of U.S.-style, NRA-style rhetoric that guns don't kill people and that the problem is not the guns but really the border. I'm wondering, Commissioner Lucki and Mr. Ossowski, if you could share with us a couple of things. Number one, how should we be thinking about the whole question of why the average Canadian would need a handgun and/or a firearm in their home in metro Vancouver or in Montreal? Perhaps you could give us some of your thoughts on that. Perhaps you could share a little bit more, Commissioner. You talked about domestically diverted arms. Perhaps you could take a minute to share with us your views on what's happening there. Perhaps, Mr. Ossowski, you could also weigh in on the issue of domestically diverted weapons so that we might have a better perspective on this.

Thank you, Mr. Chair. As the Commissioner alluded to, we're obviously responsible for the smuggling aspect at the port of entry. We look at it as a continuum: before the border, at the border, and after the border. Before the border, obviously, if we get intel about the arrival of something, we can stop that conveyance from crossing the border. At the border, obviously, is where we would see most of our seizures.

I think you have data on that in terms of the seizure rate and the investments that have been made. We've had to up our game. I think the real focus now for us is looking at the criminal networks and the trafficking routes and really trying to prevent those illicit firearms from crossing the border in the first place by disrupting these criminal routes. That's where the cross-border task force that we are leading, supported by the RCMP, is going to be critical in bringing together the insights of local police of jurisdiction as well as partners in the United States.

[Redacted] Yes, we have investments in dogs and technologies that have proven to be extremely useful, but what we really want to do is swim upstream and disrupt those networks so they don't get across the border in the first place.

2) Thank you. My next comments are for Mr. Ossowski. I have in front of me an excerpt from an article in the newspaper 24 heures published on December 2 last year, in which Mark Webber, national president of the Customs and Immigration Union, proposes expanding the mandate of customs officers. In his view, this could be a solution to controlling firearms at the borders and it is a pity that officers cannot patrol with the RCMP between border crossings, as they have the expertise to do so. They could assist the RCMP, for example, with detector dogs, intelligence officers, and methods to combat concealed weapons. All these forms of expertise are available, but they could be better used. I'd like to hear your thoughts on this. Do you think it would be possible to broaden the customs officers' mandate? Should we ask the government to do so?

Thank you for the question, Mr. Chair. The issue of illicit guns at the border is a responsibility we share with the RCMP. While we have the mandate at ports of entry for the enforcement, and the RCMP has the mandate in between ports of entry, our teams really work hand in hand. I would just emphasize your point about sharing the intelligence and understanding of how these networks work.

That's where I really believe we're going to get the most benefit and the results from our collective efforts.

We got investments in Budget 2021 for new analysts and investigative intelligence officers, and we're going to be using those officers to work with the RCMP to better disrupt the flow across the border. Thank you.

3) That would be appreciated. Thank you for that. Finally, Mr. Chair, in the minute that I have, I'll turn to the CBSA. We enjoy the longest undefended border in the world with our United States neighbours. Many parts of that border are uninhabited and wilderness. Are we noticing any patterns in terms of smuggling activity with firearms where criminal elements may be trying to make use of areas where there is not so much surveillance at play? What steps is the Canadian government taking to address those possible gaps in our surveillance?

Thank you for the question. As I mentioned in my previous response, the RCMP is responsible for patrolling the border in between ports of entry. However, we do work with them in terms of anything that they might see, working on the intelligence and understanding those routes and patterns and whatever organized crime activities might be part of that. Brenda might be in a better position to answer.

4) Thank you, Commissioner Lucki. I'd also like to ask a similar question of the CBSA. We know that COVID protocols at the border are very important. They are, from what we understand, putting a tremendous strain on our already limited border agents and budgets at the border. Could you comment on what an additional billion dollars would do if it was targeted towards gun smuggling and drug trafficking?

Thank you for the question, Mr. Chair. Look, we've had significant investments over the past couple of years, and my immediate focus right now is on implementing those investments. I really do believe, as I said earlier, that the work we're doing on the intelligence with our colleagues to the south—whether it's Customs and Border Protection, the Bureau of Alcohol, Tobacco, Firearms and Explosives, or local police of jurisdiction—is where the real benefit is going to lie. We will continue to pursue those relationships and build that picture and do our best to stop these networks in their ability to smuggle.

5) Thank you very much. Are you saying you wouldn't take another billion dollars to stop gun smuggling and drug trafficking?

I would. It takes time to implement these things. I think we'd want to make sure we put it in the right place.

6) We are even hearing this from customs officers. The president of their union said, and I quote: "Whether it be our detector dogs, our intelligence officers, our methods for combatting concealed weapons and so on, all this expertise is not being used between border crossings." There are ways to address this; solutions do exist. Expertise could be solicited and better used. When will the minister do just that and tighten border controls?

The CBSA is responsible for enforcing Canadian legislation at designated ports of entry in Canada, and the interdiction of undeclared or improperly imported firearms and firearms parts, and other weapons, is an Agency priority.

As identified in the CBSA's Firearms Strategy, the threat is complex and must be countered using an integrated approach with police and other law enforcement partners, domestically and abroad.

The Agency regularly engages in joint investigations with policing partners, including the RCMP and provincial police such as the Sureté du Quebec and Ontario Provincial Police, as well as local policing agencies to combat firearms smuggling.

We also works closely and regularly shares relevant information on border and national security issues, under strict legal parameters, with its local, national and international law enforcement partners, and other government departments in Canada, to ensure the health, safety and security of all our communities.

Border services officers are aided by intelligence and trained in examination and investigative techniques. They stay on top of current global trends to understand indicators of risk.

Through follow-up investigations often resulting from initial border intercepts, our law enforcement officials in Quebec and across the country have removed significant numbers of firearms and other weapons from our communities and brought numerous individuals before the courts to face criminal charges under the Criminal Code in addition to the Customs Act.

7) The minister cannot tell us that his government is doing everything it can to crack down on firearms trafficking at the border, just as I have never said that it is not doing anything. The reality is that his government needs to do more. He can count on our support, because this is not a partisan issue; it is a public safety issue. What is stopping him from accepting our proposal to create a joint task force to combat firearms trafficking at the border?

If there is a provincial or territorial initiative with a border angle, the CBSA will certainly look at how it can participate and contribute.

The CBSA is already a part of at least 13 joint forces operations at the municipal and provincial levels directly related to firearms and weapons, and even more task forces that involve organized crime and smuggling more generally. The CBSA is fully involved in Opération Centaure, a Quebec Government initiative that includes many other law enforcement partners.

Additionally, the CBSA's Quebec Region has formed a Weapons Smuggling Integrated Enforcement Team consisting of CBSA intelligence and criminal investigations personnel to combat weapons smuggling into Canada.

The CBSA's Quebec Region works closely with various law enforcement partners across the province, such as the Sûreté du Québec Guns and Gangs Unit, to further investigations into illegal cross-border firearms movements. Many of these cases remain under active investigation by the CBSA and partner law enforcement agencies.

8) Mr. Speaker, the mayor of Montreal met with the Prime Minister this morning. Again, she implored him to tighten the borders to deal with firearms trafficking. This is not the first time Valérie Plante has asked the Prime Minister to close the borders. Last time, it was to prevent COVID-19 from entering Quebec. In the end, she had to do the federal government's job for it and deploy City of Montreal resources to screen travellers at the airports.

The most important thing the federal government can do is combat gun trafficking at the border. The guns used in the tragedies that occurred in Montreal were illegal. It is already against the law to possess them, much less sell them, yet they are found in our neighbourhoods. Montreal and Quebec can deploy all the resources they have, but if the federal government does not do its part, guns will continue to find their way onto our streets. Will the government finally commit to doing everything it can at the border to stem firearms trafficking?

When leaders from Canada and the United States last met in and unveiled the Roadmap for a Renewed U.S.-Canada Partnership, both countries committed to re-establishing the Cross-Border Crime Forum to tackle challenges such as the illegal cross-border flow of firearms.

In support of this common objective, Canada and the U.S. have formed the Canada-United States Cross Border Firearms Task Force. The mandate of this task force is to tackle illegal movement of firearms through cross-border travel and trade, while ensuring that the movement of essential workers and goods continues unimpeded.

In 2021, the CBSA National Firearms Intelligence Desk (NFID) was established. This desk brings together all CBSA partners working to combat firearms smuggling in order to maintain a real-time national border-focused threat picture of illicit firearms in Canada and their movements across our borders.

Additionally, the CBSA's National Targeting Centre continues to work very closely with CBSA Offices across the country as well as with our Border Five partners to identify firearms and related prohibited parts destined for Canada.

9) Quebec City and the mayor of Montreal have asked the federal government to tighten the borders against firearms trafficking. Mr. Speaker, I would like to quote the Quebec minister of public security, who said, "Guns do not just magically end up in Quebec. They come across our borders, which are the federal government's responsibility."

The illicit flow of guns across the border is a shared responsibility between federal law enforcement partners on both sides of the border. While CBSA has the mandate for enforcement at the ports of entry and the RCMP has the mandate for enforcement along the remainder of the border, our teams work hand in hand to identify, interdict and prosecute those involved in firearms smuggling. Often, firearms offences under the Customs Act are also offenses under the Criminal Code, and would therefore fall under the jurisdiction of the RCMP.

The CBSA does not have a mandate to investigate organized crime or gang activity per se, except as they relate to the application of the Customs Act and the Immigration and Refugee Protection Act. Since a significant proportion of activity involving crime guns involves organized crime or gangs, the CBSA must maintain and continue to increase its knowledge and understanding of this kind of criminality through intelligence collection, analysis, training and partnerships.

In order to understand the overall threat and ensure that the CBSA has the elements it needs to identify, disrupt, interdict, and enforce gun smuggling activities, it must also ensure that it collaborates with its various law enforcement partners to share intelligence, build a shared threat picture, and conduct joint operations, as appropriate.

B) Questions raised in the media context [lead: Communications]

1) How does CBSA find prohibited or restricted firearms?

The CBSA uses data and intelligence to determine trends, methods, smuggling routes, and potential entities involved in illicit activity. This can happen at any point in the travel and trade continuum, including enforcement that is carried out pre-border (working with international partners), at the border, or post-border (working with local law enforcement).

As smugglers are increasingly using more sophisticated concealment methods in smuggling attempts, the CBSA employs a number of tools and tradecraft to stem the flow of illegal and prohibited materials into Canada. Guided by intelligence, our officers are also assisted by contraband detection tools such as handheld devices, small scale and large-scale X-ray machines, and detector dogs, specialized training, expertise and knowledge, in detecting contraband and prohibited or restricted goods, allows them to always be on the lookout for dangerous goods.

The CBSA screens goods coming into Canada and examines more closely those that may pose a threat to the safety of Canadians. Border services officers are highly trained in examination techniques to analyze risk and intercept prohibited goods from entering Canada. Officers look for indicators of deception and use intelligence as well as a risk management approach in determining which goods may warrant a closer look.

2) How is the CBSA tracking the movement of firearms?

In 2021, the CBSA National Firearms Intelligence Desk was established. This desk brings together CBSA partners working to combat firearms smuggling in order to maintain a real-time national border-focused threat picture of illicit firearms in Canada and their movements across our borders. By hosting national calls and coordinating information and intelligence, the desk will bring together intelligence, immigration enforcement, criminal investigators, targeting, security screening, international liaisons, operations, commercial and traveler policy and program areas and more – to collectively focus on firearms.

The CBSA's National Targeting Centre continues to work very closely with CBSA offices across the country as well as with our Border Five partners to identify firearms and related prohibited parts destined for Canada.

3) How is CBSA engaging American stakeholders to address the flow of firearms across the shared border?

In 2021, Canada and the U.S. formed the Canada-United States Cross Border Firearms Task Force, led by CBSA. The mandate of this task force is to tackle illegal movement of firearms through cross-border travel and trade, while ensuring that the movement of essential workers and goods continues unimpeded. This will ensure that law enforcement partners on both sides are engaged. The task force has Canadian and US partners at the table, including the US Bureau of Alcohol, Tobacco, Firearms and Explosives, US Homeland Security Investigations, US Customs and Border Protection, the Royal Canadian Mounted Police (RCMP), and various Canadian police forces. In Canada, the task force is led by the CBSA and supported by the RCMP.

C) Topic-specific questions [lead: OPI with PAU]

1) Border Services Officers at the Blue Water Bridge are currently exercising their right to refuse unsafe work. Can you confidently tell Canadians that the border remains secure and that illegal firearms are still being seized given work refusals?

The CBSA recognizes a worker's right to exercise a refusal to work under the Labour Code of Canada.

The CBSA is always monitoring changes in demand for service and adjusts its operational posture at the border accordingly.

We will always ensure that there are sufficient resources available to maintain the security of our border and ensure that it remains open to legitimate travellers and goods.

We have utmost confidence that BSOs will continue to fulfill their duties with the highest level of integrity and professionalism.

2) I see there is an increase in weapons seized from year to year. What do you make of that? In your opinion, is it an increase in criminal activities at the border? Or are you just getting better at catching them?

Due to the travel restrictions imposed in response to COVID-19, the number of travellers decreased, which led to an associated decrease in firearms seizures and, as a result, fewer criminal prosecutions. Average yearly seizures from 2016 to 2020 were 436 seizures, 656 items. In 2021, there were 407 seizures and 1,121 items seized.

Firearms and weapons are different than a commodity like narcotics. Illicit narcotics are replenished frequently through the criminal networks, because they can only be used once. Firearms and other weapons, however, can be used multiple times and over a long period of time.

Therefore, there is no easy correlation between firearms and weapons seized at the border and the firearms or weapons that originated from outside of Canada and were used in the recent commission of a crime.

What is important, however, is for us to continue working with our partners to understand which weapons were used in crimes, and learn from those investigations to stop any other illicit weapons from entering the country.

3) Is the CBSA willing to work with provinces and territories to address gun smuggling?

Absolutely. The CBSA is already a part of at least 13 joint forces operations at the municipal and provincial levels directly related to firearms and weapons, and even more task forces that involve organized crime and smuggling more generally.

If there is a provincial or territorial initiative with a border angle, the CBSA will certainly look at how it can participate and contribute.

The Cross-Border Firearms Task Force signed an MOU at the national level, with federal agencies from Canada and the United States. But the work it is doing is meant to enable local operations and investigations through collaboration, breaking down barriers, and identifying gaps.

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4) What is the CBSA doing to determine origin of guns?

The CBSA is already a part of a few initiatives to trace back firearms seized by the CBSA. In Ontario, for instance, the CBSA has been a part of the OPP's Provincial Weapons Enforcement Unit for years, which works directly with ATF to determine firearms origin. In Western Canada, our Regions work closely with the RCMP on tracing efforts.

We have also just launched an initiative through the CBSA's National Firearms Intelligence Desk to ensure that all firearms seized by the CBSA across the country are traced, and that data is used in our analysis. We are in the preliminary stages of this initiative but have already started discussions with the right partners.

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5) What is the CBSA doing to address gun smuggling between ports of entry?

The illicit flow of guns across the border is a shared responsibility between federal law enforcement partners on both sides of the border. While CBSA has the mandate for enforcement at the ports of entry and the RCMP has the mandate for enforcement along the remainder of the border, our teams work hand in hand to identify, interdict and prosecute those involved in firearms smuggling. Often, firearms offences under the Customs Act are also offenses under the Criminal Code, and would therefore fall under the jurisdiction of the RCMP.

The CBSA does not have a mandate to investigate organized crime or gang activity per se, except as they relate to the application of the Customs Act and the Immigration and Refugee Protection Act. Since a significant proportion of activity involving crime guns involves organized crime or gangs, the CBSA must maintain and continue to increase its knowledge and understanding of this kind of criminality through intelligence collection, analysis, training and partnerships.

In order to understand the overall threat and ensure that the CBSA has the elements it needs to identify, disrupt, interdict, and enforce gun smuggling activities, it must also ensure that it collaborates with its various law enforcement partners to share intelligence, build a shared threat picture, and conduct joint operations, as appropriate.

6) In 2018, the CBSA received millions of dollars as part of the guns and gangs initiative. Of the funds received, how much was allocated to increasing staffing levels, including frontline officers?

Of the overall funds received, $3.6 million was attributed to add 23 trained fulltime equivalents, over two years. In 2021 to 2022, 13 officers were added to the Agency's staff complement, with an additional 10 officer planned for 2022 to 2023.

These funds have already provided specialized training for five additional detector dog teams who were deployed to frontline operations in . These teams remain in service and contribute to the CBSA's efforts to interdict guns and drugs at the border.

Additionally, a national training course for CBSA officers on vehicle concealment techniques for firearms and weapons was launched and then temporarily halted due to COVID-19 protocols, but is expected to resume in the spring of 2022.

7) There is an increase in gun violence across the country. Tell me, how many of those guns that were used to commit crimes have you missed when they crossed our border?

I will defer to my colleagues at the RCMP for information related to domestic firearms investigations.

What I can say, though, is that we work very closely with our police partners across the country to ensure we get the intelligence and data from domestic seizures so that we can use that to identify routings, methods, and any gaps or vulnerabilities at the border, should a firearm be determined to have originated from outside Canada.

We then use this to ensure we can combat organized crime exploiting the border, by identifying new trends. One particular trend is related to replica firearms. Ontario Provincial Police has reported finding replica firearms, that have been converted into real firearms, during the execution of their criminal warrants.

Since , the CBSA has seized almost 4000 replica firearms through our Firearms Interdiction Team in the Greater Toronto Area.

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8) The President of the Customs and Immigration Union identified inspection gaps in rail mode? Why isn't the CBSA inspecting incoming trains?

The Canada Border Services Agency (CBSA) uses Advance Commercial Information (ACI) in all modes to assess the risks associated with commercial conveyances and cargo bound for Canada. The CBSA uses a comprehensive approach to ensure that all carriers, including rail carriers, meet all requirements when submitting ACI data.

The CBSA screens goods coming into Canada and closely examines shipments that may pose a threat to the safety of Canadians.

To determine which goods may warrant a closer inspection, CBSA Officers look for signs of deception and use intelligence and a risk-management approach.

CBSA Officers are highly trained in examination techniques to analyze risk and intercept prohibited goods from entering Canada.

Current examination policy states that when there are reasonable grounds to suspect that goods or conveyances are a threat to national security, an examination must be conducted at the First Point Of Arrival (FPOA).

When a target requiring further examination is identified, there are many factors which prevent CBSA officers from performing examinations at the first point of arrival. This includes:

  • a lack of infrastructure
  • availability of detection tools
  • the length of a train
  • the volatility of some commodities
  • lack of training and equipment
  • type of rail cars
  • environmental obstacles/hazards, etc.

Where examinations cannot be carried out at the FPOA, the train has to move to the first subsequent point along the line where the CBSA can safely interdict and perform a proper examination (also known as First Point of Operational Intervention (FPOI)).

None of the First Points of Operational Intervention are outfitted or maintained for the purpose of examinations. They can also be a significant distance from a CBSA office and/or a First Point of Arrival, which further limits the CBSA's ability to examine items with the required intensity.

Examinations of commercial shipments for trade (called "release examinations") in all modes are carried out at their final destination and not at the First Point of Arrival.

The CBSA is actively pursuing opportunities to use preclearance for rail shipments. This would see CBSA officers stationed at strategic points in the U.S. – either a hub or at the border. Officers would work with U.S. Customs and Border Protection to detect contraband (including firearms) at the earliest possible point and stop it from entering Canada. The CBSA already has the authority in place to start this work, and will begin with some targeted proofs-of-concept to draft a plan for these operations and determine the best locations

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