Bill C-373 (Historical)
An Act to amend the Criminal Code (cruelty to animals)
This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.
This bill was previously introduced in the 39th Parliament, 1st Session.
Mark Holland Liberal
Introduced as a private member’s bill. (These don’t often become law.)
Not active, as of Oct. 30, 2006
(This bill did not become law.)
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment amends the Criminal Code by consolidating animal cruelty offences and increasing the maximum penalties.
Private Members' Business
April 4th, 2008 / 2:25 p.m.
Roger Valley Kenora, ON
Mr. Speaker, we just heard many words and the word I heard over and over was “meaningless” and a lot of it is coming from that end of the House.
There is a chance to do something. There is a chance to make a change. There has not been a change for many years. We can do that at this point. We can support Bill S-203 and make sure that something is actually done. We are going to try very hard to make sure that something is actually accomplished.
The member mentions many of the emails that he wants. Is he asking for emails from people who make their living from a lot of these efforts, trappers and hunters, the first nations people? He is talking about a group of people who want the same thing we want. We want to make the protection of animals a priority. Bill S-203 will do that. It will actually do something that has not been done in quite awhile.
The argument is that a future bill is coming in Bill C-373, but we have already heard that it will never see the light of day in the House. The time is not going to happen. We are not going to get to that discussion, so we will not be able to do that. We actually want to do something concrete and the time is now to deal with Bill S-203.
What do we want to do with this? We want to make sure that animal protection is a priority. We want to make sure the penalties are increased. We want everyone in Canada to know that we are actually doing something.
Starting out with this bill does not mean that we will not be doing something in the future. It does not mean that we cannot change and a new bill can come to the floor of the House.
As has been mentioned by every speaker, things can change and things will be changed in the future. We want to make sure that there is a lot of good sober second thought and a lot of effort put into this. We want to make sure that people's ways--
Private Members' Business
April 4th, 2008 / 2:05 p.m.
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.
Private Members' Business
April 4th, 2008 / 1:55 p.m.
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 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.
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.
Private Members' Business
April 4th, 2008 / 1:50 p.m.
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.
April 2nd, 2008 / 3:25 p.m.
Mark Holland Ajax—Pickering, ON
Mr. Speaker, I am pleased to present a number of petitions from thousands and thousands of Canadians in opposition to Senate Bill S-203, a placebo bill that would not be effective on animal cruelty, calling upon the government to enact effective animal cruelty legislation, such as Bill C-373, or for the government to implement a similar bill.
This is in addition to over 130,000 signatures that have already been presented to the House.
Motions in Amendment
Private Members' Business
March 10th, 2008 / 11:30 a.m.
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
Private Members' Business
March 10th, 2008 / 11:10 a.m.
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 / 3:55 p.m.
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 / 3:55 p.m.
Mark Holland Ajax—Pickering, ON
Yes, even with the amendments. I would rather table a motion in the House arguing that it is very important that we immediately adopt a bill on cruelty to animals, such as Bill C-373. The decision is in your hands.
It's important not to think, though, that if you pass this today.... I understand the amendments; I understand where you're coming from and I think they're well-intended, but I think we would be far better served by a motion from this committee that says to pass what the House has already passed, a motion that says to the government to make the same demand of the Senate that you did on Bill C-2.
How is this any less important? It's just as important to deal with crime before it happens as it is to deal with crime afterwards. We have shown time and time again that when it comes to cruelty and violence against human beings, cruelty and abuse to animals is a precursor, so I think we should say the same thing that the government is saying to the Senate about Bill C-2.
February 14th, 2008 / 3:35 p.m.
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.
February 14th, 2008 / 3:30 p.m.
Mark Holland Ajax—Pickering, ON
Thank you, Mr. Chair, and thank you to the committee for the opportunity to appear today.
I'm going to start off with four reasons that I believe this committee should defeat this bill. I think they're clear reasons and I hope the committee will consider them.
The first is that the House has actually already--and I'm talking about the House of Commons--passed the same bill that I've introduced, Bill C-373, on two separate occasions. This was done so unanimously, with all-party support. It was the product of an enormous amount of compromise. Members will recall that at that period of time it was very difficult to bring together both those who are involved in animal welfare and those who are involved in the use of animals towards a point of consensus. We got so close that all parties agreed and it passed the House of Commons, and we sent that legislation, effectively the same legislation I have before you today, twice to the Senate.
So why is that relevant to this bill? Because the Senate is telling us today what is possible in this bill. They are rejecting what the House has sent to them twice and have sent something back that is totally ineffective.
That brings me to my second point; that is, to pass an animal cruelty law that has every major animal welfare group opposed to it makes no sense. How in the world we could pass something that every single major animal welfare group is opposed to makes no sense at all. I don't understand how we could possible explain that to our constituents. I'm not talking about people who are involved in animal rights; I'm talking about people who are involved on the front lines of dealing with animal abuse. I'm talking about humane societies and veterinarians who, day in and day out, see terrible, egregious abuse against animals, and they say it's time to put an end to it. They recognize that if you merely increase sentences, it does nothing for the fact that we can't get convictions.
That's the problem--people aren't being convicted. Only one-quarter of 1% of animal abuse complaints results in a conviction. You heard from an SPCA officer here just a couple of weeks ago who talked about how impossible it is to enforce today's existing laws.
The other great tragedy, of course, is that not only do we see these terrible abuses happening to animals, but we see that same abuse of animals then translating into abuse against human beings, violence against human beings. That was one of the reasons this committee heard that in Florida they had a campaign that said, if you can stop animal abuse by reporting it early, you can possibly stop spousal abuse, or abuse in the home. So we have to remember the linkage there—even if we don't care about animals, and I'm sure we all do around this table—that this has towards violence against human beings. I'm sure we all want the opportunity to be able to stop violence early.
The third is Senator Bryden's own comments, both before this committee and elsewhere, in which he said he would not support Bill C-373. If this was merely a step along the path to finally doing something, even though the House of Commons has already said we already have effective animal cruelty legislation, then we would expect the senator to say, well, maybe with some minor revisions we can accept what the House has already passed twice. I know that the government, as an example, is not accepting this with Bill C-2. They want the Senate to pass it immediately. Crime is extremely important. It needs to be dealt with immediately. The Senate shouldn't be telling the House what it should do; it should be dealing with the matter post-haste. Yet when it comes to animal cruelty, there's the application of a very different standard. Even though we've sent legislation to the Senate twice, we are somehow letting the Senate dictate to us what is possible and what should be done.
The fourth comment I would make is the overwhelming outpouring from Canadians. In front of me here are thousands upon thousands of signatures that were received just in the last month that I'll soon be presenting to the House. I had a Conservative member approach me last week with 2,300 signatures from his own riding of individuals who oppose this Senate bill and support Bill C-373. There are over 130,000 signatures that have been attained in a formal format, such as this, calling for the defeat of this Senate bill and for the passage of effective animal cruelty legislation, such as the legislation that the House of Commons has already passed and that is before us again. On Facebook there are thousands upon thousands of members, and there are people everywhere clamouring and calling for something very simple; that is, to update our animal cruelty laws.
The passage of this bill, which only deals with sentencing, will mean that the international embarrassment that is Canada's animal cruelty laws will continue. Today we are behind the Philippines. We are a third world nation when it comes to our animal cruelty laws. This bill would do nothing to fix that.
I would ask that members have the courage to stand up for what the House has already supported, to stand up for the legislation the duly-elected members of the House of Commons have already stood for, and to say to the Senate, enough is enough, it's time to pass effective animal cruelty legislation.
Thank you, Mr. Chair.
February 5th, 2008 / 5:20 p.m.
Campaign Manager, International Fund for Animal Welfare
Well, I'll speak to Bill S-203 and that position. Our concern, as we've said from the outset, is that higher penalties don't bring us higher convictions. IFAW has been involved in this process to increase protection for animals by increasing the number of people being punished for heinous acts of animal cruelty.
The Senate is the one that was entrenched. I have every confidence in this House to pass Bill C-373 and to pass good legislation that protects animals and that responds to Canadians' needs. When the Senate came back with those amendments, this House said no, they wouldn't accept all those amendments. They accepted the non-derogation clause, and they sent it back to the Senate. Unfortunately, prorogation happened, and it hasn't moved forward.
I don't feel that IFAW has been in any way entrenched, except at this point in time, when Bill S-203 does not afford animals any greater protection.
February 5th, 2008 / 5:20 p.m.
Mark Holland Ajax—Pickering, ON
The point of order is that neither bill, neither Bill C-373 nor the bill in front of us, deals with seal hunting. Seal hunting would be legal under both instances. I think that may be why there is some confusion. Seal hunting may be another issue, but it isn't dealt with in either bill.
February 5th, 2008 / 5:15 p.m.
Campaign Manager, International Fund for Animal Welfare
We agree. We see Bill C-373 as the result of a great deal of debate and compromise. It's important in a democratic process to engage in that compromise. We can't all have our dream world, regardless of which side we fall on this.
But Bill S-203 doesn't provide anything close to what Bill C-373 provides, which in our opinion, as Ms. Elmslie mentioned, is the result of broad debate, broad support—support from this very House twice, which I always go back to, because to me it's so important that the voices of the people were heard and that it got blocked at the Senate.
February 5th, 2008 / 5 p.m.
Manager, Government Relations, Ontario Federation of Anglers and Hunters
Thank you, sir. I appreciate your comments, and I would agree with your comments. Yes, we believe it is progress.
It's interesting, Ms. Freeman asked several members of this panel about what amendments they would suggest. I note with some wry humour that the amendments that have been suggested bring us back to Bill C-373 and the previous government bills.
This bill, from what I understand of Senator Bryden's intentions--it's why we've supported it all along--is that not only will it provide the courts with more punitive measures to use against animal abusers, but also, we hope, as I understand the senator hopes as well, it will act as a deterrent when exactly what you suggest happens--i.e., when there's a case on the front page of the Toronto Star, La Presse, or wherever else it happens to be that says an animal abuser got five years for hitting a dog on the head with a hammer.
If you want to consider amending the bill, nobody has ever suggested, “Why not increase the penalities and fines even heavier to make it even more of a deterrent?” I guess you could go in that direction. But certainly this goes well beyond what's available to the courts and the prosecutors now, and hopefully it will act in turn as a deterrent to those types of people.
Thank you, sir.