An Act to amend the Criminal Code in respect of cruelty to animals

This bill was last introduced in the 38th Parliament, 1st Session, which ended in November 2005.

Sponsor

Irwin Cotler  Liberal

Status

Not active, as of May 16, 2005
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment would amend the Criminal Code by consolidating animal cruelty offences and increasing the maximum penalties.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Universal Declaration on Animal Welfare
Private Members' Business

October 1st, 2009 / 6:10 p.m.
See context

Bloc

Bernard Bigras Rosemont—La Petite-Patrie, QC

Mr. Speaker, I am pleased to speak to Motion M-354 to support the development and adoption of a Universal Declaration on Animal Welfare at the United Nations.

We are in favour of a Universal Declaration on Animal Welfare at the United Nations, provided an in-depth study is done. The Bloc Québécois is aware that animals are living beings and that it is important to respect them and treat them with dignity. That is why we are supporting a universal declaration on animal welfare in principle.

The purpose of this declaration is to develop a series of principles acceptable to all those who recognize that animal welfare is a major issue with respect to the social development of nations worldwide.

The Universal Declaration of Animal Rights was formally proclaimed in Paris on October 15, 1978, at UNESCO headquarters. This universal declaration is a philosophical position on the relationship that should henceforth exist between humans and animals. The text was revised by the International League of Animal Rights in 1989 and published in 1990.

The Bloc supports the international efforts made. It also believes that cruelty towards animals is unacceptable and that the federal government must take action to ensure that it is roundly condemned. In recent parliaments, our party has carefully examined the issue of bolstering the law in order to explicitly condemn animal abuse and to put to an end to cruel breeding operations.

Although some amendments were recently made to the Criminal Code, the Bloc Québécois believes we must do more and it is in favour of a real reform of the animal cruelty provisions.

The current maximum sentences under the Criminal Code are too lenient for the seriousness of the acts committed.

The Bloc also favours making the ban on owning animals indefinite in order to prevent certain foreseeable animal abuse from taking place. A breeder who has been found guilty of mistreatment should not have the right to re-open a kennel the day after being sentenced. We call those operations puppy mills.

Above all the Bloc Québécois feels that the definition of the term animal should be included in the Criminal Code. At present, the section on cruelty to animals is found under property offences. That does not seem to reflect today's reality.

That is why, during committee study of Bill S-203, the Bloc Québécois proposed the idea of introducing a definition of what an animal is, sought to protect stray as well as domestic animals, wanted to clarify the criterion for negligence, thereby making it easier to prove, and proposed an amendment to formally ban training cocks to fight.

Unfortunately, the Bloc's proposed amendments were rejected and the committee agreed on February 14, 2008, to report the bill without amendments.

That did not stop the Bloc Québécois from supporting Bill S-203 in that it was a small but real step in the right direction and it did not prevent the possible study and adoption of a more comprehensive bill in line with Bill C-50. The NDP tried to kill the bill.

But Bill S-203 would have helped protect animals from certain forms of cruelty—one of the concerns of the Bloc Québécois—and would have increased the maximum penalties set out in the Criminal Code to reflect the seriousness of the crime, sent a message to people who mistreat animals, and sent a message to judges who would have had to take this into account in their sentences. In fact, the seriousness of a crime is partly determined by the maximum penalty a criminal may be subject to.

Bill S-203 also enabled judges to prohibit an individual found guilty from owning or residing with animals for a period of five years, and to order the offender to reimburse the costs incurred by their actions. Lastly, Bill S-203 did not threaten legitimate activities involving the death of an animal, such as agriculture, hunting and fishing.

The NDP and the Liberals had some twisted logic. Instead of voting in favour of improving the bill—it is true that there is more to be done—they preferred to stick to the status quo that they so fiercely protest. They passed up a perfect opportunity to participate in the advancement of animal rights.

If the NDP and the Liberals truly had animal protection at heart, they would have acted differently. They would have followed the Bloc Québécois' example and acted responsibly. Although the Bloc Québécois is aware of the limitations of Bill S-203, it finds that this bill is a small but real step in the right direction, and does not hinder the possible study and adoption of another, more comprehensive bill.

The Bloc Québécois is making no secret of this. It is in favour of a real reform of the animal cruelty provisions and will seriously study any proposals brought forward on this matter again.

The Bloc was particularly in favour of the principle of Bill C-50, which would have created a new section in the Criminal Code to address cruelty to animals, removing this topic from the sections of the code that deal with property.

In closing, of course we support the principle of Motion M-354. We think it is important to adopt a universal declaration of animal welfare, but we also think we must go further. As legislators, we must go ahead with a real reform of the Criminal Code in order to really address the fundamental problem of cruelty to animals.

Animal Cruelty Legislation
Petitions
Routine Proceedings

May 8th, 2008 / 10:10 a.m.
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NDP

Joe Comartin Windsor—Tecumseh, ON

Mr. Speaker, I rise today to present a petition from constituents in my riding calling on the government, specifically the Minister of Justice, to bring forth government legislation that would protect our animals from abuse and cruelty. They call on the government to have the legislation so that it is in keeping with Bill C-50, which was before the 38th Parliament, and to in fact institute a regime which would provide that safety for our animals.

Criminal Code
Private Members' Business

April 4th, 2008 / 2:05 p.m.
See context

Liberal

Paul Szabo Mississauga South, ON

Mr. Speaker, as the member in our caucus who coordinates private members' business, I have followed this bill very carefully.

It is a bill by Senator John Bryden, who was successful in having the bill move through all stages in the Senate. It has been passed in the Senate and has been referred to the House of Commons and is now being sponsored by the member who tabled the bill here.

It is a very simple bill. It increases penalties, I believe up to 10 years.

Having spent all the time working on private members' business, in my experience private members' bills should not try to do government business, because our rules simply do not provide sufficient debate in Parliament to properly scrutinize any private member's bill.

Private members' bills that come before this place are usually a paragraph long. They are simply trying to make a very specific, focused change.

Under our rules, only two hours of debate are allowed at second reading. That might be 12 speakers. Of the 308 members, only 12 people could even speak.

Then the bill goes to committee. Committees are busy. Private members' business items are a nuisance and they very rarely get a lot of attention there, but let us assume the committee spends a meeting on one. That is another couple of hours. Then the bill is referred back to the House, if it passes at committee, and it gets another two hours at report stage and third reading. In grand total, a private member's bill at all stages in the House may only get six hours of debate. It is ridiculous to think that one could do very much at all stages in just six hours.

Senator Bryden was aware of that. He knew that the only way he could demonstrate the importance of updating animal cruelty legislation was at least to take one step, one step that everybody would understand and that people would be able to take a position on without a lot of debate, because there is not a lot of debate. That is where we are today.

Interestingly enough, there is another private member's bill, Bill C-373, by the member for Ajax—Pickering. That bill was Bill C-50 from a prior Parliament. The justice minister of the day, the member for Mount Royal, had this bill. It was a comprehensive bill but a controversial bill nonetheless. It was quite controversial. There was a lot of debate. There were a lot of issues and a lot of changes were being proposed.

That is going to happen again with a full, comprehensive bill to update this archaic piece of legislation in the manner in which it is needed. We cannot possibly deal with it during private members' business. There just is not enough time to properly consider the bill.

I am speaking in favour of Bill S-203 for the reason that Senator Bryden proposed it, and that is to say, I do not see the government having an appetite to do this. It should be a government bill. It should have the broadest possible and necessary debate within the House to make sure when we correct this that we do the job right, and we cannot do it right in a private member's bill.

The possibility was suggested that maybe we could do this by getting a private member's bill into committee and then making all of the amendments to almost overlay this other bill into the small bill. I have a feeling that probably would not be possible, only because it would be beyond the scope of the bill and it probably would be out of order. There may be some problems.

There also have been some myths about Bill C-373. Many people have written to me saying that I have to vote against Bill S-203 because if that passes, then nobody will have any incentive to make any changes in the future, that it will have been already dealt with.

That is not right. Any piece of legislation can be amended at any time and from time to time. This is one demonstration of the importance of this issue. I hope that the House as a whole would agree that we need to have changes to the animal cruelty legislation.

This bill should in fact be the catalyst to get the government to propose legislation. I encourage and sincerely ask the government to please come forward with legislation which emulates Bill C-50 and any other improvements in there that would make the bill even better. Give that bill to the House and let us work with it. It has to be a government bill. If it is not a government bill, it will never get the proper time for debate and the scrutiny that will be necessary to make a good piece of legislation.That is the real problem.

To suggest that if we passS-203 it is going to stop anything, that is simply not the case. It is incorrect. There will be changes in the future, but unless the House is going to have a piece of legislation in front of it that members can properly address, I do not think it is going to happen.

I can say for sure that if the Liberals form the next government, it will be part of our platform to introduce comprehensive legislation to bring it up to date, into the current realities, on animal cruelty legislation. It is an important piece. We had it the last time we formed government. The then minister of justice, the member for Mount Royal, had Bill C-50 and it will come back.

Bill C-373 is in front of me. It is quite a long bill. These are just the amendments to the existing legislation. There are six pages of amendments. No one is saying that six pages of amendments even in themselves are going to be enough. We need to have comprehensive debate on this legislation when it comes before the House. It needs to go to committee. We need to hear from stakeholders from across the country, those who represent the agricultural industry, farmers, fishermen, anglers, pet owners and those who just understand that we have legislation right now on which it is very difficult to get prosecutions and convictions.

It is a serious problem and Parliament should deal with it. The only way it can deal with it right now is either to have the government table a bill at least covering the items in Bill C-50 from a prior Parliament or at least to pass Bill S-203 to send a signal to Canadians that this is an issue that is important enough to Parliament that we will set the stage for the government to take action. And if it does not, then another party forming government will in fact bring it in. We had it before.

The NDP members are against everything these days. I do not know what it is. I know they have talked about maybe asking the Liberal member to give up his bill, give it to the NDP and one of its members will do it, but it is not going to work.

We all have to understand that with a private member's bill we are not going to get unanimous consent to do the kinds of things we have to do. It is not going to happen in this mix of the House. We need to have a bill that has that full and comprehensive debate, to make sure that all the questions that people have from coast to coast to coast are answered and that the legislation reflects the priorities of Canadians with regard to animal cruelty legislation. We have to hear that and we will not hear that on a private member's bill.

I acknowledge 100% that S-203 takes one small step. It is not that it does not want to do more, but that is all that is possible using a private member's bill.

I am going to support the bill and I am going to continue to fight on behalf of all those who want current, updated and effective animal cruelty legislation.

Criminal Code
Private Members' Business

April 4th, 2008 / 1:55 p.m.
See context

NDP

Paul Dewar Ottawa Centre, ON

Mr. Speaker, I rise today to speak against Bill S-203, and to do so very strongly.

Before I begin my comments as to why our party is opposing this bill, I want to pick up on a couple of points that have been stated in debate and, I hope, provide a responsible refutation of those points.

For my Conservative friend from Winnipeg who said that the amendments brought forward by my colleague from Windsor—Tecumseh are not plausible or reasonable, I would just confirm for him that they were done with very direct intent. It was to delete the bill simply because the bill is wrong. He put the amendment forward because this a bill that does not deserve to be passed.

My friend from Winnipeg should know that the member for Windsor—Tecumseh did not fall off the turnip wagon. He knew exactly what he was doing. He was ensuring that this bill would not go further.

It is strange that, at the same as the Liberals have one of their members putting forward a progressive piece of legislation that is a private member's initiative, they would even think of supporting Bill S-203. Why would the Liberals settle for half measures?

I hope the members of the Liberal Party will take stock of the bill and the juxtaposition between Bill S-203 and Bill C-373, the private member's initiative from the member from Pickering.

I have a comment for my friends from the Bloc. The point that has been made time and again is that this is not good enough. In fact, the Bloc knows that when my colleague from Windsor—Tecumseh brought forward amendments at committee to replace this bill with what is progressive legislation, which was actually Bill C-50, that was the time for us to change the bill. However, sadly, that did not get the support of all the members of the committee.

What is wrong with the bill? I guess I will start with the people who, day in and day out, advocate for more responsible animal welfare. These people are not extremists. These people are responsible citizens. They are looking at the proposition that was brought forward by one of the members of the Liberal Party, which we support, as being the way to go. They believe that Bill S-203 will only take us half way. What is the problem with that? The problem is that this issue has been languishing since the 1800s. It puts Canada at the bottom of the list in terms of progress on animal welfare globally in progressive circles.

In fact, if we adopt Bill S-203, it says that it is as good as we could get. Every member who has spoken today has said that it is okay because it is the best we can do for now.

That is not good enough. It is not good enough for this House because this House, before, passed progressive legislation that was much better than this, which is a cut and paste, so to speak, from the member from Pickering's bill, and that was Bill C-50.

What happened to Bill C-50? It went to that other place and got done in, which is part of our problem with the other place. It has decent people there but the institution has absolutely no right to take a bill that has been passed by consensus here and gone through committee and then let it sit there. It is wrong, and most Canadians feel that way about it.

In fact, I was honoured to join people this past weekend in my riding of Ottawa Centre just down the street from here. I joined in with everyday people who asked all members of Parliament to vote against Bill S-203 because it is the wrong way to go. They say that very deliberately, with conviction and with great intelligence.

In fact, Simone Powell and Beth Greenhorn from my riding, who helped organize a rally this past weekend, said just that. They wanted to know why members of Parliament were going to pass a bill that is inferior when we have progressive legislation right in front. I told them I had no idea why.

The NDP has been very clear. We will be supporting Bill C-373 but we will be voting against Bill S-203 because it is the wrong way to go.

We have a party that says that this bill is the best that can be done at this point. We took the content from Bill C-373, which was Bill C-50, and put it into committee as amendments so this bill might have a chance of working but members from the other parties did not want to do that. They did not want to be responsible for animal welfare.

I will explain some of the problems with the bill. We are taking laws from the 1800s and basically moving a nanosecond in terms of progress. We do not understand that it is wrong to have this kind of protection in property rights. It reminds me of the time in Canadian history when women were not considered persons. We now have animals considered as properties. The problem with the law is that it is wrong.

For anyone to suggest that we just torque up some of the fines and pass a law that will suggest that judges have a little more in their toolkits to extend the sentences is troubling and strange, particularly for the Conservative Party, which is saying that we need to be very deliberate with judges and tell them exactly how it is.

My friends in the Liberal Party should know that in making laws in legislation we must be deliberate. We must categorize them. Nomenclature is extremely important. If we are not able to properly define animals, animal welfare and understand where it belongs in terms of the law, then we should not bother trying to fix something that is not fixable because that is the problem with Bill S-203.

The bill says to Canadians that we can only do a little bit, that we cannot actually do the right thing. We can only do a little bit and we will eventually get to it and fix it down the road, maybe with Bill C-373, if it comes on the order paper later, or if it is a matter of having others put proposals forward.

Why is it that with each proposal that has been put forward since 1999, all of them have died on the order paper? Why do they die when they go to the other place? Canadians want to know that. People who work for the protection of animals want to know why that is.

This is something that has been pointed out to those who are looking to have more progressive legislation and are 100% against Bill S-203. They have said the following:

It is shameful that, in 2008, our parliament is considering entrenching animal cruelty offences from the Victorian days.

Further to that, they say:

This bill is simply 19th century legislation adjusted for inflation and we must put a stop to it.

I could not agree more. If we do not address the loopholes that exist in Bill S-203, we are admitting that we cannot fix the problem. It means that either we do not understand the problem or we do not care to fix the problem.

Again, why is it that when this place, through consensus in committee back three parliaments, passes a bill and sends it to the other place, the other place decides that it is not good enough? With all due respect, the Senate does not represent my constituents. The Senate should be saying that this is what the House has given to it and it needs to ensure it gets through and that it is responsible. Its decision to kill the bill was not only reprehensible but it was anti-democratic.

At the end, our party will stand with those who want better legislation, progressive legislation, which is why we will vote against Bill S-203 and, in doing so, will vote to protect animal welfare and not go backward.

Criminal Code
Private Members' Business

April 4th, 2008 / 1:50 p.m.
See context

Bloc

Carole Lavallée Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, true to its reputation, the Bloc Québécois carefully read Bill S-203 when it was before the Standing Committee on Justice and Human Rights. It listened with interest to the various witnesses and is well aware of the limitations of Bill S-203.

We are aware of the importance of properly protecting animals from cruelty, so we proposed a series of amendments to improve Bill S-203. Among our proposals was the idea of introducing a clear definition of what an animal is. We also sought to protect stray as well as domestic animals. We also wanted to clarify the criterion for negligence, thereby making it easier to prove. Finally, we also proposed an amendment to formally ban training cocks to fight. Unfortunately all the Bloc's proposed amendments were rejected and the Standing Committee on Justice and Human Rights agreed on February 14, 2008, to report the bill without amendments.

That is not stopping the Bloc Québécois from supporting Bill S-203 in that it is, in fact, a small but real step in the right direction and does not prevent the possible study and adoption of a more complete bill in line with Bill C-50.

The Bloc Québécois does oppose the amendments proposed at report stage by the NDP. These amendments seek nothing less than to kill the bill. Their first amendment would remove the title and their second amendment would remove the rest. The NDP's logic in all this is especially twisted. Instead of voting in favour of an improvement to the legislation, even though we know a lot remains to be done—it is true—the NDP prefers the status quo that it nonetheless vehemently criticizes. Where is the logic in that?

If the NDP truly had animal protection at heart, it would act differently. It would follow the Bloc Québécois' example and act responsibly. Although the Bloc Québécois is aware of the limitations of Bill S-203, it finds that this bill is a small but real step in the right direction, and does not hinder the possible study and adoption of another bill I will speak about shortly. The Bloc Québécois is making no secret of this. It is in favour of a real reform of the animal cruelty provisions and will seriously study this matter again, unlike our colleagues, apparently.

Introduced by the Senate, Bill S-203 is the result of a long legislative process. Indeed, in recent years, six bills were introduced by the Liberal government of the day, specifically, Bill C-10, Bill C-10B, Bill C-15B, Bill C-17, Bill C-22 and Bill C-50. To those we can add those proposed by the Senate, namely, Bill S-24 and Bill S-213, the two predecessors of Bill S-203.

All those bills sought to modify the offences set out in the part of the Criminal Code that deals with cruelty to animals. Some of the bills went even further, however, and proposed real reforms to this bill. The Bloc was particularly in favour of the principle of Bill C-50, which would have created a new section in the Criminal Code to address cruelty to animals, removing this topic from the sections of the code that deal with property.

However, since that reform raised a number of problems, Bill S-24 was introduced in the meantime, to allow much more modest changes. Bill S-203 is a copy of Bill S-213, which was itself a copy of Bill S-24—I hope people are able to follow me.

The Bloc Québécois is in favour of Bill S-203, even though we are aware that it does not go far enough. But it is better than nothing. Such a bill will send a message to anyone who mistreats animals. Protecting animals against certain despicable actions will always remain a concern of the Bloc Québécois. The current maximum sentences under the Criminal Code are too lenient for the seriousness of the acts committed.

The bill does not jeopardize legitimate activities involving animal death, such as agriculture, hunting and fishing. This bill, however, is less comprehensive and therefore does not replace Bill C-373, which is a revival of Bill C-50. However, we are not here to discuss that bill today.

The bill amends the Criminal Code to increase the maximum sentences in cases of cruelty to animals. For prosecution by indictment, the maximum sentence is five years. For summary convictions, sentences can range from six to 18 months, along with a possible $10,000 fine.

In the past, judges could prohibit those found guilty from owning or residing with animals for up to two years. Now that ban can be for life. The judge can now require the offender to reimburse costs arising from his or her actions.

Obviously, the bill does not solve all of the existing problems. As I said earlier, this is a baby step, but these new penalties will provide better protection for animals until such time as animal cruelty provisions can be reformed significantly.

By increasing the penalties, we are sending a message to criminals as well as to the judges who have to take this into account in sentencing. The seriousness of a crime is determined in part by the maximum penalty that can be imposed on an offender.

We are also hoping that by making the ban on owning animals indefinite, we will be able to prevent some animal abuse from taking place.

The bill we are considering this afternoon has three major advantages. First, it corrects an anachronism. When the Criminal Code was first drafted back in the 19th century, society did not regard animals the way it does now. The relationships between people and animals have changed, so it makes sense for the Criminal Code to reflect that. Everyone agrees that the current penalties are not severe enough. Bill S-203 goes a little way toward correcting the old-fashioned, weak penalties. The old penalties were based on how people interacted with animals in the 19th century.

The second good thing about this bill is the fact that, as penalties become more severe, there is a good chance that the courts will become stricter with those who are found guilty of crimes against animals, such as mutilation, slaughter, neglect, abandonment, or failure to feed them.

This bill would change the minimum sentence. From now on, if a case is tried as an indictable offence, the minimum sentence will be five years in jail. The fine will go up to $10,000. As it happens, both of these provisions are in the member for Ajax—Pickering's bill, Bill C-373.

There is another excellent change. Henceforth, a court may ban an animal owner for life—or I should say a former owner—from having an animal in his possession. Bill S-203 will now allow a court to impose a prohibition order for life on this owner, whereas the current legislation provides for a two-year prohibition.

The third and last advantage of this bill is that it provides for restitution mechanisms through which the courts can order an individual to pay the costs if an animal has been taken in by an animal welfare organization, for example. Individuals who committed offences of negligence or intentional cruelty could be forced to pay the organizations that have taken in mistreated animals.

These three benefits alone represent a considerable improvement and warrant our support of this bill.

A number of our constituents have written to us comparing this Senate bill and the bill introduced by the member for Ajax—Pickering to be debated later. The Bloc Québécois will vote in favour of a step in the right direction rather than sticking with the status quo denounced by all. In other words, it is better than nothing.

Motions in Amendment
Criminal Code
Private Members' Business

March 10th, 2008 / noon
See context

NDP

Bill Siksay Burnaby—Douglas, BC

Mr. Speaker, I am pleased to have the opportunity to speak in the debate on the animal cruelty legislation before us today, a private member's bill that comes from the Senate.

In am pleased to speak on it because I am so frustrated and share the frustration of so many of my constituents with the lack of progress in Parliament on new legislation to protect animals. Many attempts have been made to do this, but they have been stalled or turned down by the Senate over the years. Time and time again, the legislation has failed to go forward.

Now we are presented with this very flawed legislation, legislation that does not address the important problems that we face in society when it comes to dealing with cruelty to animals. As we already have heard this morning, the legislation in front of us is not comprehensive. We need a comprehensive reworking of the animal cruelty laws in Canada.

The legislation currently on the books dates from 1892, and much has changed in our understanding of how we should deal with animals since then. We need to have comprehensive legislation.

The bill today only deals with the question of penalties associated with acts of animal cruelty. It does not deal with fundamental issues like changing the idea that animals are seen as property and not as sentient beings. This needs to be changed. We need to understand that an animal is a sentient being, not just a piece of property. The legislation before us does not deal with this.

For many years, one of the problems with the current legislation is it is almost impossible to get a conviction. That is one of the key frustrations. We have legislation now, but there is less than a 1% conviction rate when it comes to dealing with and punishing people who have been found to have committed cruelty to animals. That is not acceptable.

The bill before us would increase the penalties, but it would do nothing to enable officials to obtain convictions against those who would perpetrate cruelty to animals. That is absolutely unacceptable.

We need comprehensive legislation that updates our understanding of animals in our society and our understanding of our responsibility for them. We also need to make it possible to convict those who would commit acts of cruelty to an animal.

When the justice committee looked at the bill, my colleague from Windsor—Tecumseh had a stroke of genius. He proposed an amendment that would replace the provisions of this Senate private member's bill with the old provisions of Bill C-50, a bill that the House supported in its day and sent to the Senate, a bill that was comprehensive legislation, a bill that would not only increase the penalties for those convicted, but would also make it possible to obtain those convictions.

I cannot understand why Liberals and Conservatives on the justice committee would have voted down that amendment when it was found to be in order by the chair. It just does not make sense.

Canadians want action on animal cruelty, and we have stalled too long. The Senate has overturned the efforts of the House of Commons too often in this regard. We have to ensure that we have good, comprehensive, enforceable legislation on this issue. Canadians demand it.

Motions in Amendment
Criminal Code
Private Members' Business

March 10th, 2008 / 11:40 a.m.
See context

NDP

Joe Comartin Windsor—Tecumseh, ON

Mr. Speaker, we have a Senate bill in front of us today, a private member's bill, which, quite frankly, is a joke. In spite of the speeches from the other three parties, the Conservatives and the Liberals in particular, in support of Bill S-203, it remains a joke.

One of the first things I learned when I went to law school was that if we were going to have effective deterrents to anti-social or criminal behaviour, there had to be laws that could be enforced so that people who were inclined to anti-social or criminal behaviour knew that they would be caught. Everything that I have ever learned since then with regard to how we prevent or deter deviant behaviour to society has confirmed that basic rule.

At the present time the legislation in the Criminal Code with regard to animal cruelty is around 112 years old. There were very minor amendments in the 1950s, but it has not changed since that time.

Today, the reality is that of all the animal cruelty cases in this country, less than 1% of the perpetrators of those offences are ever charged. The reason is that our prosecutors right across the country and in the territories know that the law is so inadequate as it stands that they cannot get convictions. If I have time I will go through some of the examples, but that is the reality today.

In addition, in this bill there is a gross dereliction of responsibility by the political parties in this country and in this House. They are prepared to allow an unelected irresponsible Senate to dictate how we deal with the issue of animal cruelty.

We have heard the history from some of the other members. The bill with regard to animal cruelty in its most recent reincarnation was Bill C-50 which passed back in the 38th Parliament. The legislation has been passed twice by the House of Commons, the elected body in this country, and has been refused to be passed by the Senate twice.

When Bill C-50 was introduced the last time, it was clear that it had all party support because its prior incarnation had in fact received votes in this House from all parties. It was not even the Conservative Party at that time; it was the Alliance. All parties supported it. There were few exceptions; it was not unanimous, but all political parties supported it. It went through this House with overwhelming support and then got stymied by that unelected irresponsible other house. That is where things were until this bill came forward from the Senate.

We hear the argument why not just support the bill. I will say why we should not support it. It does not do anything. It is as simple as that. It does not do one thing to increase the rate of conviction. All it does is increase the penalties. It does not allow our prosecutors to get any more convictions. It does not allow our judges to convict any more people. That less than 1% conviction rate is going to continue.

We will get the odd case where somebody is convicted and perhaps gets a stiffer penalty, and I repeat perhaps. The reality is that it is not going to change the conviction rate.

We have an alternative. Again I think in particular of the Liberals on the justice committee. I introduced the amendments that would have brought the old bill, Bill C-50, into this bill. It would have dealt with the issues that are important with regard to actually protecting animals. It would have brought it into the 21st century. I do not have time to go through all of the points. I introduced those amendments and they were accepted by the chair of the justice committee as proper and admissible. The member of the Conservative Party who is chairing that committee accepted them as proper amendments.

The amendments mimic exactly the private member's bill from the Liberal member for Ajax—Pickering; it is exactly the same. The Liberals on the committee voted those amendments down. The meaningful reform that has passed this House twice was voted down by a combination of the Liberals and the Conservatives on that committee. The Bloc stood with me. The Bloc then moved some other amendments, which did not go as far as C-50 but would have made some significant progress. What happened? The same coalition of Liberals and Conservatives on that committee voted them down.

I want to be very clear about why I believe we absolutely should be voting this bill down. It was made very clear by Senator Bryden, the author of this bill, that the Senate would not accept a bill from this House. Again, a totally irresponsible unelected body is telling members of the elected House that it does not care what we think or do, but it is not letting this bill through. That reinforced my strong belief that we have to get rid of the Senate. That was the attitude.

Neither the Liberals nor the Conservatives have the political will to challenge the other place on this bill. They basically have thrown up their hands and said, “Okay, senators, whatever you want, we are not going to buck you”. That is what we are faced with and our animals will continue to be treated as we saw this past weekend with those horses in Alberta. In that case, 29 horses died. Local officials knew for two years about the abuse that was going on. The amendments that I proposed, C-50, the private member's bill from the member for Ajax—Pickering, would have allowed them to move much earlier to protect those animals and perhaps none of them would have been lost.

That is the reality of what we are faced with today. There are two political parties that are unwilling to challenge the unelected Senate, and then trying to convince the Canadian public that Bill S-203 is anything meaningful and is going to somehow deal with the issue. That is where the farce is. That is why I say this bill is a joke, because it does nothing like that.

I want to make one additional point. We did not hear from the member from the Conservative Party who spoke to this bill this morning, that the current governing party was prepared to do anything about bringing C-50 forward as a government bill, to put in place a law that in fact would protect our animals. It is not saying it is going to do that. The reality is that because of the attitude in the Senate and the lack of political will by both the Conservatives and the Liberals to challenge them, they are not in fact going to bring forward anything further. We are just never going to see these amendments as long as that attitude remains in place.

At this time, 110 to 115 years later, we need to update the legislation to have in place meaningful protection for our animals. In my riding an individual clipped the ears of a dog so that the dog would look fiercer. The dog was used for fighting. We saved that dog and got him adopted, but the reality is that person could already own another dog. We cannot prevent that from happening.

There are all sorts of other provisions. We can think of any number of other abuse cases. There is the one out in Alberta where a dog was dragged behind a vehicle, repeatedly injured, grossly and brutally attacked. There were minimal consequences as a result. That is what we need to bring to an end and that is what Bill S-203 does not do.

It is time for this Parliament to do what it is supposed to do in terms of protecting our animals.

Motions in Amendment
Criminal Code
Private Members' Business

March 10th, 2008 / 11:30 a.m.
See context

Bloc

Guy André Berthier—Maskinongé, QC

Mr. Speaker, I am pleased to take part in the debate today at report stage on Senate Bill C-203. This bill would amend the Criminal Code to impose harsher penalties for animal cruelty offences.

This bill is causing quite a stir among people and organizations calling for improved animal cruelty legislation. The current legislation has not been amended since 1892, 116 years ago, when animals were seen as having a utilitarian function rather than a role as companions, which many animals have taken on over time.

In addition, it so happens that Bill S-203 is being debated before Bill C-373, introduced by the member for Ajax—Pickering. Essentially, Bill C-373 is a repeat of Bill C-50, introduced by the previous government, which is more in line with the needs expressed by animal activists. Moreover, the Bloc supported Bill C-50 in principle. But we will analyze Bill C-373 later in the parliamentary process.

Bill S-203 is not perfect. The witnesses who appeared before the Standing Committee on Justice and Human Rights, which I sat on at one point last week, often mentioned the obvious flaws in this bill that we have noticed.

First, Bill S-203 does not clearly define negligence, which means that it will still be difficult to prove that someone is acting negligently towards animals. Second, Bill S-203 provides little protection for wild or stray animals. Third, it keeps the categories of animals currently protected by the 1892 legislation: cattle, dogs and birds.

Under Bill S-203, animals would remain primarily property. The bill does not even deal with individuals who train animals for fighting. Moreover, Bill S-203 contains no provisions to address violent, brutal, extreme acts against animals.

I could go on, but it is important to remember that the major flaw in this bill is its failure to define what an animal is.

By refusing to clearly define what they are, Bill S-203 leaves far too much room for interpretations that would avoid heavy penalities and does not depart from the concept that animals are property. We know that the current maximum sentences under the Criminal Code are too lenient for the seriousness of the acts committed against these living beings.

In addition to the fact that Bill S-203 does not jeopardize legitimate activities involving animal death, such as agriculture, hunting and fishing, it addresses the problem I have mentioned: it increases the maximum sentences and the fines. That is a little better than what we had before.

Judges will have a little more latitude in cases involving animal cruelty. For example, a judge could require an offender to cover the costs incurred by his barbarian actions. We have made progress in the fight against animal cruelty.

However, I think this improvement is minimal, even inadequate when we consider the overall problem. In my eyes, Bill S-203 is just a transition, a step toward something more substantial.

If there is one thing people can count on, it is that the Bloc Québécois does not settle for doing the minimum. We are progressive people with foresight and we will never hesitate to do better for those we represent or for anyone else.

When Bill S-203 was tabled in the Standing Committee on Justice, we listened with interest to the various witnesses.

That is why we are well aware of the bill's limitations. We are aware of the importance of properly protecting animals from cruelty, so we proposed a series of amendments to improve Bill S-203.

Among our proposals was the idea of introducing a clear definition of what an animal is. We also sought to protect stray as well as domestic animals. We also wanted to clarify the criterion for negligence, thereby making it easier to prove. Finally, we also proposed an amendment to formally ban training cocks to fight.

All the Bloc Québécois proposed amendments were rejected. Unfortunately, the committee agreed on Thursday, February 14, to report the bill without amendments. It seems that only the Bloc Québécois truly wants to move quickly in the fight against animal cruelty.

If the other parties had been acting in good faith, if they had put partisanship aside for a minute to make animal welfare a priority, they would have been willing to accept these highly necessary amendments that are adapted to the way things are now.

Instead, we have before us a report saying that Bill S-203 is fine as it is. Only stiffer maximum penalties can remedy the situation. Why act proactively now when Bill C-373 is scheduled to be dealt with shortly? Cruelty against animals will not subside or stop, just to make us feel better, until the study of Bill C-373 can be completed.

From a strictly historical perspective, I remind the House that Bill C-373 stems directly from six previous bills which either died on the order paper or were defeated. There was therefore no progress on the issue. As for Bill S-203, it is the third in a series of identical bills that had the same fate at a time when governments were somewhat more stable than the one we have now.

I can only sympathize with the animal rights advocates who, like us, were seeing a great opportunity to completely overhaul this old legislation. Again, the opportunity is slipping away.

Those who interfered will undoubtedly be judged by the people for this blatant lack of initiative, especially on an issue so close to the heart of the public.

I take comfort in the thought that, at least, the Bloc Québécois has done its part, working beyond mere partisanship and putting forward good ideas that would satisfy animal rights advocates. Protecting animals against certain despicable actions will always remain a concern of my party.

At any rate, we are back where we started with an unamended Bill S-203 with all its flaws. That is all that is on the table at this time. The members of the Bloc Québécois are practical people.

Nonetheless, increasing penalties sends a clear signal to criminals—their actions are reprehensible—as well as to the judges who will have to take these factors into account in making a determination.

I will conclude by saying that passing this timid bill will not in any way hinder the future consideration or passage of a more comprehensive piece of legislation like Bill C-373.

I think that the bill introduced by the Liberal member provides better guarantees than Bill S-203, as clearly pointed out by witnesses before the Standing Committee on Justice.

I hope that the House will also pass Bill C-373 when it comes before us. We believe that these two bills are a winning combination to significantly reduce cruelty to animals.

Motions in Amendment
Criminal Code
Private Members' Business

March 10th, 2008 / 11:10 a.m.
See context

Liberal

Mark Holland Ajax—Pickering, ON

Mr. Speaker, we have all heard about a number of high profile cases of animal abuse. One case was Daisy Duke, the pet dog that was dragged behind a car in Didsbury, Alberta; Princess, a house cat in Alberta that was microwaved; Queen Waldorf in Niagara Falls who was found abandoned on a beach with dumbbells attached to her neck; and the list goes on.

The reality of animal abuse is that every day, in every part of our country, animal abuse is occurring. The people who are watching their pets or wild animals being victimized are asking why we have no laws to go after these individuals and why the laws that we have are so weak. People on the front lines are dealing with animal abuse day in and day out and seeing tragedy after tragedy but they are not able to do anything about it.

I talk with SPCA officers who, on a daily basis, receive these calls but they cannot do anything because their hands are tied. I understand their frustration, as people who love animals, when they witness this abuse, but they are more than people who love animals. I have witnessed how angry they get when they visit those same homes where individuals who torture dogs is the precursor to violence against human beings, such as domestic abuse against a spouse or against the children. They and Canadians are left to wonder why this type of crime is something Parliament simply has not done anything about.

In fact, as was mentioned by the previous speaker, the laws that we have in place today have essentially been unamended since 1892. That is not to say that in the last number of years Parliament has not tried because it has. If we look at the bills that have been put before this House over the last number of years, there is Bill C-17, Bill C-15, Bill C-15B, Bill C-10, Bill C-10B and, as recently as the last Parliament, Bill C-50. In this Parliament, we have my private member's bill, Bill C-373 and Bill S-203, which we are debating today.

I had a great deal of opportunity to work on Bill C-50 in the previous Parliament and to bring all stakeholders together to find common ground, to ask that all sides make compromise and work on something that would work, not only for those who were proponents of protecting animals, but for those who legitimately use animals for their businesses or for their livelihood.

In doing so we found mere unanimity. We found that almost all groups reached a point of compromise on Bill C-50. In fact, this bill or a similar bill was able to pass through the House of Commons twice. It was the will of this House that strong, effective animal cruelty legislation be adopted and moved forward. It was the will of this elected body that we have animal cruelty legislation that reflected the desire of Canadians. However, both times it was the Senate that stood in our way, the Senate that disagreed and wanted amendments.

We almost got there in the last Parliament but, unfortunately, an election got in our way. One would have thought that after all the work and compromise, upon our return to Parliament we would have immediately embraced that compromise and introduced legislation that addressed animal cruelty.

The reality is that did not happen. It was left to private members' bills to address this gaping hole in our Criminal Code, one introduced by myself and one introduced by Senator Bryden in the form of the bill that is before us today that is seeking to be amended, Bill S-203.

One could ask why we simply do not adopt Bill S-203 as a first step and then we will get to the rest. We could do all those things that Parliament had already agreed on at some later date.

I will give a few reasons why Bill S-203 should not be adopted. I will start with the fact that only one-quarter of 1% of animal abuse complaints result in a conviction. Essentially what this bill would do is go after sentencing. One can imagine that if we are only addressing sentencing, when there are convictions on only one-quarter of 1% of the problem, we are only dealing with one-quarter of 1% of the problem, which effectively would do almost nothing to address the issue.

I just want to list a number of things that Bill S-203 does not do that I think people will be surprised to learn. It does not make it easier to convict the perpetrators of crimes toward animals. It does not make it easier to punish people for crimes of neglect toward animals that they are responsible for. It does not offer greater protection to wild or stray animals which often have no protection at all. It does not clarify the confusing language in existing legislation that deals with types of animals differently. It also fails to make it a crime to train animals to fight each other.

These terrible crimes we see where they are pitting animals against animals and ripping each other apart, it would do nothing to deal with that.

The second point is this. When does the House, as an elected body, accept from the Senate a lower standard? For this House to pass legislation twice and then to be told by the Senate that it is too much, too effective, too far and too fast and then to turn it down, one wonders why.

When the Conservatives introduced a bill to get tough on crime, in their words, and then sent it to the Senate, they said that they would not accept any amendments by the Senate. They gave the Senate a limited amount of time to address the bill and said that if the Senate did not pass the bill that they would have an election. Why? It was because crime was important and they needed to address it.

They told the Senate that it needed to listen to the elected will of the House and yet when it comes to animal cruelty there is a double standard. They were willing to say that the House had spoken and that it worked for years to compromise and create effective legislation but, on this bill, crime is not important, it is not a priority, even though, as I mentioned before, it does not just impact animals, it is often a precursor to violence against human beings.

Senator Bryden addressed the issue when he talked about those who wanted effective animal cruelty legislation losing the lever they would have if this bill gets passed. Unfortunately, he is quite right. It is one of the things that those of us who are concerned about our ineffective animal cruelty laws worry most about.

The bill is essentially a placebo. It does nothing to address the real issue of animal cruelty in our country. It will be held out as action when none has been taken. It will be held out as a faint offer of having done something so we can tell our constituents that we acted on animal cruelty when we did nothing more than pass an empty, vacuous bill. We will lose that lever to finally change and amend our laws.

We have already waited 116 years. We embraced years of compromise. As a House, we adopted effective legislation. We will now let the Senate tell us to throw all of that away and to entrench essentially Victorian laws with antiquated notions about what animals are about.

I have a last point on why Bill S-203 should be opposed. Can anyone imagine trying to pass a bill that purports to do something about animal cruelty when every animal welfare group in the country is opposed to it? I am not talking about animal activists. I am talking about those who are on the front lines of dealing with abuse and torture of animals. I am talking about SPCA officers, the humane society and veterinarians who see tortured animals come into their offices and see nothing being done about it. These are the people crying for action and they are not alone.

In fact, Canadians overwhelmingly support effective animal cruelty law. A recent Nanos Research poll found that 85% of respondents supported legislation that would make it easier for law enforcement agencies to prosecute perpetrators who commit crimes against animals, including wild and stray animals. I have a petition of over 130,000 Canadians, which has been presented before the House, in opposition to the Senate bill and calling on support for my bill, Bill C-373.

I do not care if the bill gets passed as my bill or as a government bill. I will gladly give up my bill to anyone in the House who can get it passed and get it passed immediately. I will make the offer to the government today that I will withdraw my bill and offer it to the government as its own so that we can move forward with effective legislation.

I want to talk about what effective legislation can do, which is Bill C-373. It would allow for the prosecution of negligent animal owners. It would protect the rights of those who work and must kill animals for their livelihood. We would protect those in agriculture and animal use industries. It would offer equal protection to pets and farm animals, as well as wild and stray animals. It would make it illegal to train animals to fight one another. It would make it a crime to kill an animal with brutal or vicious intent.

We need effective animal cruelty legislation. The option exists for us to take action today. Let us reject this watered down, vacuous placebo bill and finally do something about animal cruelty.

February 14th, 2008 / 4:20 p.m.
See context

NDP

Joe Comartin Windsor—Tecumseh, ON

Thank you, Mr. Chair.

What we are doing here is moving the legislation that was passed in 1892--so back in the 19th century--into the 21st century. In that regard it was interesting to hear the Minister of Justice, who was in front of the Senate two weeks ago, making exactly the same argument about the need to update legislation that's over 100 years old. I think the points he made at that time, and it was particularly around the age of consent, were very well taken. That part of the bill was one I strongly supported, and I still do.

By the same argument, that same sentiment applies to Bill S-203, and in particular the amendments I'm proposing here. We're moving away from an attitude we had as a society, and the way we treated animals at that period of time, to the way we want them treated and expect all of our citizens will treat them at this period of time.

Mr. Chair, I'm cognizant of the time. The amendment deals with a definition of moving animal.... The sections right now, 444 up to 447, are a treatment of animals as property. We're in effect reallocating that attitude of them as sentient beings. So the first thing we're doing is to move that “animal” be “a vertebrate, other than a human being”, as the definition for animal. That gets repeated in the balance of the amendments.

Mr. Chair, in that regard we're attempting to move away completely from the concept of animal as property to animal as a sentient being. You heard again today the importance of that type of approach in terms of treating people who obviously have serious psychiatric, emotional, psychological problems, and who show clear signs of violence by mistreating, abusing, or killing animals. By shifting that definition completely away from property to one of sentience, it's part of the way we, as a society and as a legislature, are addressing that issue. I think that part needs to be said, and it needs to be emphasized. So that's proposed section 444.

With respect to proposed section 445, we heard today from WSPA in terms of not being able to charge people for abusing animals on the basis of our inability to show a clear intent--one could say an almost absolute intent. With the concept of mens rea, the concept of intent in our criminal law is very clear. But the way the current sections of the code are written, and more importantly, Mr. Chair, the way they've been interpreted, is that we need to introduce a broader concept. So these offences would be not only wilful ones but also reckless ones.

I think of some of the cases I handled as a defence counsel with respect to animals being allowed to starve and no one being convicted of that, even though it was obvious that the animals were abused by neglect rather than physically abused by using instruments to torture them. In proposed section 445, we're moving away from pure absolute intent to bringing in the concept of recklessness. I want to say to the committee that that concept is not simple negligence; that concept of recklessness is a higher standard, but it is less than the absolute wilfulness that is in the existing one.

Mr. Chair, we go on in that section to deal with a whole bunch of specific types of conduct that would become offences. I'm assuming members have read this. I think the expansion of the poisoning section is important. That's proposed paragraph 445(1)(d). Again, it broadens what is in the existing code.

I think we've all been particularly sensitized to the whole concept of using animals to engage in fighting because of the recent conviction of Mr. Vick in the United States, and 445(1)(e) broadens it to the point of encouraging, promoting, arranging, assisting, and receiving money for the fighting or baiting of animals. It covers, as best we can see, all of the possible conduct that goes on in that activity now and makes it a very clear criminal offence.

The next one, under proposed paragraph (f), is specifically dealing with the issue of the cockpit. We've got a problem in the existing part of the code because there are provisions on cockpit fighting but it's it's very narrow as to what is a cockpit. What we've done here is we've kept “cockpit”, and then we've added “or any other arena” to the wording that's already in the code .

I'm told by a number of the animal welfare groups that one of the common areas where they carry on cock fighting is a temporary site in underground parking garages, and that clearly would not be an offence under the existing sections of the Criminal Code. That allows us to get at that kind of conduct, because right now--at least from what we're hearing from the animal welfare people--it is the most common arena. So it'll now be covered.

The next section's pretty straightforward. It's a continuation to make sure we catch all of those.

Then in subsection 445(2), which is in Bill S-203 now, so it would be replacing that, we just had some discussion on this in response to Mr. Bagnell's question about changing from simply what has traditionally been an offence treated as a summary conviction offence to a hybrid offence that'll either be a summary conviction or indictable, generally speaking, based on the seriousness of the conduct. Also, the indictable offence would be used much more often if there's a repeat offence, but at the prosecutor's discretion.

We are then moving to more of the negligence part of it in proposed section 446, which covers the negligent causing of unnecessary pain. This test is again a somewhat lower standard. It really is addressing this primarily to the owners of animals or those serving as their designate or delegate in terms of controlling an animal. So we're introducing a new test that would incorporate the concept of negligence.

I think the easiest analogy--although I'm somewhat reluctant to use it--is the type of cases that we have currently in our child abuse regime, where you've got assault by the custodial parent or other caregivers and a separate offence for neglect, and that concept has now been incorporated into 446.

In subsection 446(2), we're in effect defining “negligently”. This is of concern because of the farmers, the trappers, the fishers, and the hunters. “Negligently” is being categorized, I think, quite clearly. If you go back to the negotiations we had in running up to both Bill C-50 and Bill C-22, which was the precursor of Bill C-50--that was the bill that went to the Senate and was rejected--there were a great deal of negotiations around that standard because it was, I think, a very sincere concern by the groups who raise animals or hunt or fish.

So “negligent” means “departing markedly from the standard of care that a reasonable person would use”.

That's a standard that's well established in each one of those sectors, whether it's farming, fishing, or hunting. If you move markedly from that standard, you are eligible to be convicted for negligently causing harm to, or the death of, an animal.

Part of the scaremongering that has gone on in regard to this legislation has turned on the prospect of the stereotypical animal rights person using this proposed section 446 to bring private prosecutions against farmers, fishers, hunters, and people who do research with animals. But each one of those sectors of the economy have long-established standards. So all that has to be done is to establish that they have met that standard.

It's important to realize that this is not going to produce a tidal wave of charges. I don't want to give the fearmongers any openings on this point. Right across the country, because of amendments to the Criminal Code, private prosecution is extremely limited. It has to be approved by the local prosecutor, in the form of the Attorney General. So there are strict limitations and controls. If a private prosecution is attempted, the prosecutor will allow it only if the conduct in question falls below the established standard. If it does not, the attempt will be disallowed.

So I think we have a very tight mechanism within our criminal justice system—in the definition, the standards that have been set in the various sectors, and in the ability of our prosecutors, in the form of the Attorney General, to prevent malicious or frivolous private prosecutions from getting into the courtroom.

It's a valid concern. Over the years, I have had any number of clients who had to defend themselves from government action that had no reasonable chance of prosecution. Quite frankly, the risk of this is greater from our government agencies than from private prosecutors. But in any event, I think we've shut that door as tight as possible, and I don't think we're going to see any tidal wave of prosecutions.

In proposed subsection 446(3) it's the same thing. These offences would be treated as either summary or indictable offences, with the prosecutor deciding which one.

In proposed section 447, we're expanding the authority to impose penalties in addition to incarceration or fines. These are incorporated in part in the existing Bill S-203, but there are some additional ones here. In effect, they're giving the prosecutor, and of course the court, the authority to order that a convicted person can no longer have animals under his control. There can be an order made, which is already in existing Bill S-203, to order the convicted perpetrator to compensate the agency that took care of the animals. I think those are the two points.

In proposed section 447.1, there are defences. These are common law defences and they are not being affected at all. They would still be allowed.

In my criminal law course during my first year of law school, I remember being given an example of somebody being charged with shooting a deer out of season. But it turned out, when it came before the court, that the deer was actually attacking the man who shot it. The defence raised was a common law defence--it wasn't in the statute, this was a provincial statute--of self-defence, in effect. The person, of course, was acquitted. It's those kinds of defences that are in subsection 429(2). Those defences continue to be in existence. They will not be impacted by either the recklessness clauses or the negligence clauses. Those defences will still exist.

This was one of the feints we got from the Senate sending back Bill C-22 , because we didn't put the non-derogation clause in.

It was interesting at that time, Mr. Chairman...and I feel like an historian telling these stories. But the reality was that we were just beginning to consistently put the non-derogation clause into legislation. There was all sorts of environmental legislation going through at that time, and I can recall that we began putting it in at that period of time, but we had not done it in Bill C-22 because when it went through the House of Commons, we had not started putting it into the legislation.

Anyway, that was one of the excuses the Senate had for sending it back. It wasn't their real opposition to the legislation. But that is now incorporated. It was in Bill C-50 and is now in this amendment as well.

In proposed section 447.3, we're simply being clear that we also want special provisions. Mr. Chair, this came from our police forces across the country, where animals were being targeted. These are animals police officers use--horses and dogs--and they were being specifically targeted. For instance, we had drug houses that were booby trapped specifically to get dogs, including poisoning, but also booby trapped generally with other types of obstructions that would kill an animal--a dog--rather than a human being. So we heard that. We heard that in a number of demonstrations where horses were being used by police officers, the horse was being targeted by demonstrators trying to get at police officers.

So we have built in specific provisions for that. We heard from a number of police forces across the country in that regard.

The final proposed subsection 447.3(4) does, as is the case in the other sections, make specific provisions that provide for the cost of treating the animal to be taken over by the perpetrator of the conduct, who has now been convicted.

Thank you, Mr. Chair.

February 14th, 2008 / 4 p.m.
See context

NDP

Joe Comartin Windsor—Tecumseh, ON

Are you aware of any draft legislation coming forward from the department that would, in effect, reintroduce the old Bill C-50?

February 14th, 2008 / 3:55 p.m.
See context

NDP

Joe Comartin Windsor—Tecumseh, ON

What I'm really asking you is, since this Conservative government has been in place, has there been any consultation with you or any of the other groups that you're associated with of trying to move forward the old Bill C-50?

February 14th, 2008 / 3:55 p.m.
See context

Programs Officer, , World Society for the Protection of Animals (Canada)

Melissa Tkachyk

Specifically on Bill C-50, I have not. But certainly as a campaigner I've had tremendous experience in trying to push things forward, and when something is tweaked a bit, it is extremely difficult, in my experience, to make further changes to it afterwards.

As well, I am concerned about the public perception. I do agree with Mr. Holland that this entrenches a problem, but it's also about the public perception when a government deals with something. I don't think it's a far stretch to say that the government would put out a press release and the groups that support Bill S-203 would put out press releases, and none of those would mention that this bill has deficiencies that need to be addressed urgently.

February 14th, 2008 / 3:55 p.m.
See context

NDP

Joe Comartin Windsor—Tecumseh, ON

I was going to start with a statement just to refute both the questions we've had from the Liberals and the Bloc. I understand the politics of this. I'm just surprised that we're not getting the same kind of response from both of them.

I want to pursue, to some degree, the line of questions from Mr. Ménard.

Ms. Tkachyk, have you taken on any consultation with the current government of trying to prioritize the old Bill C-50, Bill C-373? Have you had any indication from them of a willingness to prioritize it, to move it up? Because you know, I'm sure, of the difficulty and how long it will take Mr. Holland's bill to get to the top of the list.

February 14th, 2008 / 3:35 p.m.
See context

Melissa Tkachyk Programs Officer, , World Society for the Protection of Animals (Canada)

Thank you, Chair and honourable members, for allowing me this opportunity to speak about an issue that is of utmost importance to the World Society for the Protection of Animals, and to Canadians.

WSPA is the world's largest international alliance of animal welfare organizations. We work in partnership with more than 850 organizations in 170 countries. Our global partners include the Royal Society for the Prevention of Cruelty to Animals, the American Humane Association, the American SPCA, and many others. WSPA holds consultative status with the United Nations and observer status with the Council of Europe. We work to improve animal welfare standards around the world through field work and advocacy.

WSPA Canada is based in Toronto. We are a Canadian charity and have more than 30,000 supporters across the country, and hundreds of thousands worldwide. If one takes into account the supporters of our member societies in Canada, we represent the voices of over 200,000 Canadians.

WSPA joins its member societies, the Canadian Federation of Humane Societies, the Ontario SPCA, and other international groups, such as the International Fund for Animal Welfare, in opposing Bill S-203. It is suggested that this bill was introduced to improve the protection of animals, yet not a single animal protection group in the country supports it. We oppose this bill because it is not an effective improvement to the current animal cruelty provisions in the Criminal Code, which haven't been significantly revised, as you know, since first enacted in 1892. This antiquated bill does not address the deficiencies in the current legislation, which allow so many animal abusers to slip through the cracks unpunished.

As you know, the Canadian Federation of Humane Societies was already before this committee. They've calculated that less than 1% of animal abuse complaints made across the country lead to a conviction. Bill S-203 increases sentencing penalties; this is the only change it makes. We do not support this bill because we do not believe these increases are very useful if law enforcement officers are unable to prosecute animal abusers in the vast majority of cases. What difference does increasing penalties make if offenders cannot be successfully prosecuted?

Bill S-203 requires the court to prove that someone wilfully intended to neglect an animal. We have heard from SPCAs across the country that the burden of proof is too high, and that it is one of the main reasons so few complaints about animal abuse lead to convictions under the Criminal Code. Prosecutors have not been able to convict people who have starved their animals, because they cannot prove that the owners intended to cause harm, even though any reasonable person knows that animals, like people, need food daily and suffer when they are hungry, and that an emaciated body clearly indicates that an animal has been starved for a long period of time. The inactions or actions of the offender should be sufficient to convict them in these cases.

We believe the language in Bill C-373 makes this offence much clearer and will, therefore, improve conviction rates in cases of neglect.

Bill S-203 does not make it an offence to breed, train, or sell animals to fight each other to death, so long as the person is not found actually present at the fight. I'm sure you understand that illegal blood sports are not exactly publicized. Dog fighting should be prohibited as explicitly as cock fighting is in this bill. It is our submission that training dogs to fight and being in possession of dog-fighting equipment should both be prohibited. We believe this is necessary to crack down on the people who are participating in and encouraging this brutal blood sport. Great Britain's Animal Welfare Act takes it even further by making it an offence to profit, publicize, and promote any animal fighting.

Like the antiquated legislation currently in force, Bill S-203 provides less protection for unowned animals, even though stray, feral, and wild animals suffer just the same. So it's not an offence to kill, maim, poison, or wound unowned animals without a reason or a lawful excuse. It is legal now, and would continue to be legal, to beat a stray dog with a baseball bat, so long as the dog dies quickly. WSPA strongly believes that all sentient animals should be equally protected from being killed, maimed, poisoned, or wounded, in addition to being protected from suffering and neglect.

If the government is serious about tackling crime to build stronger and safer communities in Canada, it should not ignore the strong relationship between crimes against animals and crimes against people. Research shows that people who abuse animals are more likely to commit future acts of violence against people. Some of the most notorious serial killers abused animals before they murdered people. Their first crimes against animals should have served as an early warning that they were predisposed to harming people next.

The government has the opportunity to pass effective legislation that not only addresses animal abuse effectively, but can also help stop a cycle of violence in our communities. I do believe that if people are taught to respect the sanctity of animal life, it will contribute to the respect for the sanctity of human life as well.

I have summarized our main concerns with this bill, but there are many other problems, which I won't elaborate on, including the fact that it retains the illogical categorization of animals and the strange definition for cattle that is currently in the Criminal Code. As well, Bill S-203 still distinguishes animals as property, and it categorizes offences against them as property offences. Unlike inanimate objects, animals have the capacity to feel pain and suffer. Since their sentience is why we have legislation to protect them, this very basic fact should be reflected in the language of the law and how these types of offences are labelled and how the offender is punished.

Your committee has heard a lot of unfounded hysterical fears that the amendments animal protection groups support, such as those that are in Bill C-373, will somehow affect the right to hunt, trap, and go fishing. Some stakeholders have accused this bill's opponents of having an ulterior motive, such as an underlying animal rights agenda. Comments like these are absolutely absurd.

WSPA and the many other groups that are supporting Bill C-373 are simply advocating for legislation that effectively protects animals from horrific acts of cruelty, abuse, and neglect. Amendments like the one Bill C-373 proposes strikes a great balance between effectively convicting and punishing those who abuse animals, while protecting those who legally use animals.

During his deputation to your committee, Senator John Bryden acknowledged that his bill dealt only with one part of the problem, but that additional amendments should be made later. The committee is therefore being asked to pass deficient legislation on the grounds that some stakeholders would be uncomfortable with the changes sought by other stakeholders. Should we not be asking instead whether there is any validity to their concerns? If these stakeholders are concerned that the right to use animals is not adequately protected, then the solution, I would think, is not to maintain loopholes in the law, but to clarify the rights of these groups.

WSPA would gladly support this bill if it could be amended to resemble Bill C-373, which is essentially the same bill as the previous bills, Bill C-50, Bill C-15B, Bill C-10, which were twice passed by the House of Commons. Those bills were based on nearly 10 years of consultation, received broad-based support--that's support from all different groups that use animals, including support from all political parties--and also received strong public support.

This bill is clearly flawed if people who starve animals to death, bash stray dogs with bats, and train dogs to fight can slip through the cracks unpunished. This bill does not address the current loopholes, archaic language, and inadequacies in the original legislation. It retains them.

Bill S-203 does not deliver what Canadians are demanding from their government. Canadians do not view animals in the same way as people did in the Victorian era. They want modern, effective, and enforceable legislation that protects animals from reckless acts of cruelty. We have waited a long time for strong legislation to protect animals, but I'm afraid the proposal that is before your committee right now is just not worth that wait.

On behalf of WSPA, I'm asking you today to oppose Bill S-203. It's taken more than 100 years to make changes to our animal cruelty law. Let's make sure the new legislation is worth the wait.

Thank you.