Overview—Standing Committee on Public Safety and National Security: Bill C-21 – Firearms (October 4, 2022)

SECU appearance overview

The Standing Committee on Public Safety and National Security has invited the Minister of Public Safety to appear regarding Bill C-21.

General information

Date: Tuesday, October 4, 2022
Time: 3:30 pm to 5:30 pm
Duration: Two hours
Location: Room 025-B, West Block

The Minister will appear for the first hour only.

Officials

The following officials will support the Minister during the virtual appearance:

• Rob Stewart, Deputy Minister, Public Safety
• Talal Dakalbab, Assistant Deputy Minister, Crime Prevention Branch, Public Safety
• Kellie Paquette, Director General, Canadian Firearms Program, RCMP
• Bryan Larkin, Deputy Commissioner, Specialized Policing Services, RCMP
• Fred Gaspar, Vice President, Commercial and Trade Branch, CBSA

Opening remarks

At the beginning of the meeting, the Chair will invite the Minister to deliver opening remarks. These should last approximately five minutes and will be followed by questions from committee members. Officials will not be providing opening remarks.

Rounds of questions

Questions from committee members will proceed as follows:

• Six minutes for the first questioner of each party as follows: Round 1: Conservative Party, Liberal Party, Bloc Québécois, New Democratic Party
• Second and subsequent rounds: Conservative Party, five minutes, Liberal Party, five minutes, Bloc Québécois, two and a half minutes, New Democratic Party, two and a half minutes, Conservative Party, five minutes, Liberal Party, five minutes

Second hour (4:30 pm to 5:30 pm):

Officials listed above will remain for the second hour of the meeting to respond to additional questions by the Committee.

Placemat: Bill C-21 key messages

What is CBSA's role in controlling the flow of firearms at the border?

As a Public Safety portfolio agency, the CBSA plays an important role in controlling the flow of firearms and weapons across the border in order to ensure stakeholder compliance with existing laws and regulations, while also protecting people in Canada from downstream impacts related to the smuggling of firearms into Canada.

The smuggling of firearms into Canada remains an important threat to the safety of people in Canada and the impact of firearms and firearm-related violence has been felt in communities across the country.

In 2021, the CBSA seized more than 1,100 firearms, more than double the number from 2020 - including the seizure of 56 prohibited firearms at the Blue Water Bridge port of entry in Sarnia, Ontario - one of the largest single firearm seizures in the Southern Ontario Region in recent history. More recently, the CBSA worked with partners to seize 46 prohibited or restricted firearms at a highway stop in Cornwall, Ontario.

The CBSA remains deeply committed to countering the threat of smuggled firearms.

What is the overall purpose of Bill C-21?

On May 30, 2022, the Minister of Public Safety introduced Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms).

Bill C-21 proposes a number of amendments to the Criminal Code, the Firearms Act, the Immigration and Refugee Protection Act (IRPA), and other federal legislation in order to fulfill the Government's commitments in relation to gun control and to better protect people in Canada from firearm-related harm.

Bill C-21 proposes several legislative changes to better fight gun smuggling and trafficking by providing law enforcement agencies with the necessary authorities to effectively identify the source of firearms, limit or cut off firearms supply, and ultimately interdict and prosecute the individuals and organizations responsible for smuggling firearms into Canada.

What proposed amendments apply to the CBSA?

For the CBSA specifically, the bill proposes amendments that would improve CBSA's capacity to limit the importation of items used in firearms-related violence, including altered cartridges, ammunition, and devices such as airguns that are indistinguishable from regulated firearms.

While the CBSA already enforces import restrictions on replica firearms, the proposed amendments will broaden the Criminal Code definition of a replica firearm to ensure that all un-regulated, mid-velocity air guns that exactly resemble conventional regulated firearms are prohibited for the purposes of import, export, sale and transfer.

The bill also proposes amendments to the Firearms Act to tighten the control on the importation of ammunition by requiring individuals to present a firearms licence or non-resident ammunition declaration form to a customs officer when they wish to import ammunition.

In addition, the IRPA would be amended to strengthen the transborder inadmissibility regime, by transferring the policy authority from the Minister of Immigration, Refugees and Citizenship to the Minister of Public Safety. This would better align with existing roles and responsibilities for ports of entry, serious inadmissibility grounds, and criminal law enforcement.

This transfer would also allow the CBSA to advance regulatory measures to strengthen Canada's posture with respect to inadmissibility and the illegal smuggling of firearms and other criminal offences. Amendments to the Immigration and Refugee Protection Regulations (IRPR) are also being considered separately and would refine the text of the IRPR to prescribe specific offences (in either Acts or Regulations) that may be used for the transborder inadmissibility provision.

The proposed legislative amendments outlined in Bill C-21 will further enhance the important work of the CBSA and its federal, provincial, and municipal partners by making it easier to identify and intercept firearms at the border.

Bill C-21 will also provide the Agency with necessary legislative resources to continue to work closely with its domestic and international law enforcement and intelligence partners to protect people in Canada from the impacts of firearms and firearm-related violence.

Additional funding related to CBSA's firearm-related initiatives

The Government committed $312 million over five years in Budget 2021 for the CBSA and the RCMP to increase intelligence and investigative capacity at our border, and increase the RCMP's ability to trace crime guns and detect straw purchasing. This is in addition to the $92.9 million in funding allocated to the CBSA from [2018 to 2019] to [2023 to 2024] under the Initiative to Take Action Against Gun and Gang Violence. Highlights include:

• Deployment of larger and portable X-ray machines to examine shipments
• Five additional detector dogs teams specializing in firearms and drug detection deployed across Canada
• Specialized training pilot project to strengthen officer training on vehicle searches
• An all-weather detector dog training facility under construction and operational in fall 2022
• Planning for installation of large-scale imaging systems in key air cargo hubs
• Receiving 14 mobile examination vehicles

How does the CBSA's firearms strategy address 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.

The CBSA has seen threats in all entry modes. For example, firearms parts, including uncontrolled parts, are being imported into the country and used to create firearms.

Follow-up investigations often happen after initial border interceptions. The CBSA assists the 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.

CBSA firearms initiatives: 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.

The CBSA has also been working with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives to negotiate a Memorandum of Understanding allowing direct information-sharing and giving both partners the ability to act quickly on border-related activities involving firearms and/or firearms-related materials.

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 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 Privately made firearms (PMFs) which are untraceable . For example, in 2021 the CBSA seized 3795 replica firearms (source: Firearms Analysis Report (FAR), Year End 2021 by the National Firearms Intelligence Desk). Many of these were imported and declared appropriately but met the projectile velocity or determination of a regulated 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.

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 218,000 commercial examinations, 24,000 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 all documentation requirements are met per the Canadian Firearms Program (firearms licence, registration, authority to transport) and Global Affairs Canada permit requirements, 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.

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.

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. As border volumes stabilized in 2021 to 2022, detector dog teams continued their success in detecting weapons. They contributed to the seizure of 114 firearms, 39 magazines, and 24 prohibited weapons. This is only part of the effort which resulted in over 1,000 firearms seized by the CBSA last fiscal 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 January 1, 2020, to September 28, 2022, the CBSA has opened 203 criminal investigations into firearms issues. Many investigations are ongoing or charges are still before the courts, however, the CBSA has laid charges in 79 cases involving firearms. During this same period, courts have imposed guilty convictions in 40 cases.

From January 1, 2020, to September 28, 2022, Criminal Investigations opened a total of 1063 leads involving firearms. Out of these leads, Criminal investigations was able to further action 593 (56%) by either opening an associated project or criminal case or referring the lead to one of our partners.

From January 1, 2020, to September 28, 2022, Criminal Investigations has opened a total of 94 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.

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 April 1, 2021, 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 December 2020 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

Initiative 1: Illicit guns in postal facilities

Amount: $10.9 million/7 years and $1.2 million ongoing

Results achieved:

• Six new X-ray machines were purchased and five have been deployed to the three International 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

Initiative 2: Detector Dog Teams (DDTs)

Amount: $16.7 million/7 years and $1.2 million ongoing

Results achieved:

• DDTs were trained and deployed in In 2018 to 2019
  • 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
  • As border volumes stabilized in 2021 to 2022, detector dog teams continued their success in detecting weapons. They contributed to the seizure of 114 firearms, 39 magazines, and 24 prohibited weapons
• The teams continue to be fully functional and are operating as expected

Initiative 3: Construction and maintenance of an all-weather facility

Amount: $16.7 million/7 years and $1.2 million ongoing

Results achieved:

• The All Weather Facility is currently in the final phase of its construction and is currently scheduled to be completed by the fall 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: Transnational organized crime threat identification—Interpol

Amount: $7.0 million/7 years and $0.8 million ongoing

Results achieved:

• Allotments currently frozen pending lifting of Treasury Board conditions
• CBSA is finalizing its feasibility study and will present its findings and options to CBSA senior management by the end of 2022 to 2023

Initiative 5: Advanced vehicle concealment techniques course

Amount: $0.6 million/7 years and $0.2 million ongoing

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 it has now resumed

Initiative 6: Air cargo security

Amount: $55.9 million/7 years and $4.1 million ongoing

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 X-ray equipment (28 units) 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.

Initiative 1: Enhanced intelligence and investigative capacity

Amount: $13.8 million over 5 years and $3.1 million ongoing

Planned results:

Establish a National Firearms Intelligence Desk to provide the Agency and its partners with timely analysis of the sources, routes, and methods by which illicit firearms enter Canada, and to enhance regional capacity by adding additional firearm-focused intelligence and investigative resources in the regions.

Initiative 2: Automated threat identification and Artificial Intelligence (AI)

Amount: $1.4 million, no ongoing

Planned results:

Threat Detection in Parcels to enhance the Agency's x-ray equipment to facilitate remote Agency-wide information and image sharing and analysis. The result of the pilot and a feasibility study will inform future direction of technology-facilitated detection.

Initiative 3: Threat detection

Amount: $6.4 million and $748,000 ongoing

Planned results:

Expand the use of handheld x-ray units at land and marine ports of entry. 40 units have been purchased. 20 will be deployed this year, 20 to be deployed next year.

Initiative 4: Legislative, regulatory, and policy development

Amount: $7.8 million and $1.7 million ongoing

Planned results:

Pursue a range of legislative, regulatory, and policy development work to support the suite of firearms proposals.

Initiative 5: Corporate internal services and enabling functions (Force generation)

Amount: $6.29 million and $1.1 million ongoing

Planned results:

Costs associated with finance, human resources, corporate affairs, audit, and legal that provide services to CBSA programs and are driven by approved standard rates for corporate costs.

Key statistics

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 2017 to 2021 were 417 seizures, 753 items. In 2021, there were 403 seizures and 1,109 items seized.

• Firearms seizures in 2021: 403 seizures, 1,109 items
• Total seizures in 2020: 291 seizures, 495 items
• Average yearly seizure (2017 to 2021): 417 seizures, 753 items

Source: Integrated Customs Enforcement System (ICES); September 29, 2022

Source: ICES; September 29, 2022

Source: ICES; September 29, 2022

Criminal investigations

Since January 1, 2020, 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 January 1, 2020, to January 31, 2022, 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.

From January 1, 2020, to January 31, 2022, 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

From January 1, 2020, to January 31, 2022, 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.

Source: ACROSS (commercial compliance), TITAN (health, safety, and security); pulled by Commercial DARE on September 28, 2022