An Act to amend the Criminal Code (bestiality and animal fighting)

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Criminal Code to
(a) define “bestiality”;
(b) expand the scope of the offence of encouraging, aiding or assisting at the fighting or baiting of animals or birds so that the offence
(i) includes promoting, arranging, receiving money for or taking part in the fighting or baiting of animals or birds, and
(ii) also applies with respect to the training, transporting or breeding of animals or birds for fighting or baiting; and
(c) expand the scope of the offence of building, making, maintaining or keeping a cockpit so that the offence applies with respect to any arena for animal fighting.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 8, 2019 Passed 3rd reading and adoption of Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting)
May 8, 2019 Passed Time allocation for Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting)
March 18, 2019 Passed Concurrence at report stage of Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting)

January 31st, 2019 / 8:55 a.m.
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St. Albert—Edmonton, CPC

Michael Cooper

With respect to the bestiality loophole following the D.L.W. decision of the Supreme Court, my issue is not with Bill C-84. I fully support closing the loophole. I think all Canadians—the majority of reasonable Canadians—would support closing the loophole. My issue is with the time that it has taken to introduce legislation to do so.

The decision of the Supreme Court was rendered in June of 2016. It is now January 2019. I know, Minister, that you've just been appointed, so I'm not faulting you personally for it, but we're now two and a half years in. By the time this legislation goes through the Senate, this loophole will probably have existed for three more years.

As you pointed out, we're talking about bestiality. We're talking about what is often a pattern of behaviour that involves the most vicious of behaviour towards animals and children. That's a common theme that we find: children are more often than not the victims. Indeed, according to the Canadian Centre for Child Protection and their December 2018 report, of the 21 cases they reviewed, more of the cases did not involve penetrative acts. Of the cases that didn't involve penetrative acts, all of them involved sexual abuse of a child.

Minister, I guess my question is simply, what has taken so long?

January 31st, 2019 / 8:45 a.m.
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Minister of Justice and Attorney General of Canada

David Lametti

Thank you very much, Mr. Chair.

Mr. Chair, I'm very pleased to be here today, appearing for the first time as the Minister of Justice, to discuss Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting).

The amendments in the bill reflect our government's ongoing commitment to examine our criminal justice system to ensure the laws protect our most vulnerable and reflect our shared values.

This in-depth review of our criminal justice system has resulted in vital bills studied and thoughtfully amended by the committee. I want to thank you for the important work you do and the work you will be doing on Bill C-84.

This bill before is a result of significant consultation and collaboration with key stakeholders. We have received broad support on these amendments from child protection groups and organizations like the Canadian Federation of Humane Societies, the Canadian Veterinary Medical Association, and the Canadian Federation of Agriculture.

I would like to thank them for their advocacy and support in this endeavour, which truly reflects a common-ground approach to addressing a critical gap in the Criminal Code's bestiality offences. I would also like to recognize the advocacy of many of our colleagues, including, in particular, Mr. Erskine-Smith.

Bill C-84, is a direct response to the Supreme Court of Canada's decision in the R. v. D.L.W., where the court found that in the absence of a statutory definition in the Criminal Code, the common law meaning of bestiality is limited only to penetrative sexual acts.

That is why Bill C-84 seeks to add a definition of the term “bestiality” to section 160 of the Criminal Code, in order to make clear Parliament's intent of ensuring that bestiality offences apply to all acts, for a sexual purpose, with an animal.

As a side note, I would add that the expression “for a sexual purpose”, which appears in a number of other Criminal Code provisions—namely, in reference to child pornography in section 163.1, luring a child in section 172.1 and making sexually explicit material available to a child in section 171.1—is well understood by the courts and does not apply to legitimate animal breeding practices such as artificial insemination or veterinary practices.

In its 2001 decision in R. v. Sharpe, the Supreme Court of Canada interpreted the expression in the context of child pornography to mean an act that, viewed objectively, was committed for the sexual gratification of the accused. The expression is therefore used in Bill C-84 to interpret the offence of bestiality.

This is a crucial amendment to ensure the protection of children from sexual abuse, an objective that has always been a priority for our government and indeed all parliamentarians.

Thanks to the important work by the Canadian Violence Link Coalition, including the Canadian Centre for Child Protection, we know more about the link between animal sexual abuse and the sexual abuse of children, as well as other forms of violence. Research shows that bestiality offences are not isolated events, but rather are usually part of a pattern of vicious treatment of both children and animals. Bill C-84, therefore, sends a strong message that bestiality is one of the most severe and violent acts against children, vulnerable persons, as well as animals and that it has no place in Canadian society.

In addition to closing that gap in the Criminal Code, the bill seeks to strengthen animal protection measures by broadening the scope of legislative provisions that prohibit animal fighting.

Currently, paragraph 445.1(1)(b) of the Criminal Code makes it an offence for anyone to encourage, aid or assist the fighting or baiting of animals. Furthermore, under section 447 of the Criminal Code, it is an offence for someone to build, make, maintain or keep a cockpit on premises that they own or occupy, or to allow a cockpit to be built, made, maintained or kept on such premises.

An individual who commits any of these offences is liable, on conviction on indictment, to imprisonment for a term of up to five years or, on summary conviction, to a fine of up to $10,000 or to imprisonment for a term of up to 18 months or both.

For many Canadians, animals are a meaningful extension of the family, and we have an obligation to protect them. Bill C-84 proposes two important amendments to strengthen the criminal sanctions against animal fighting in the Criminal Code.

First, it amends the animal fighting offence in paragraph 445.1(1)(b) in order to address a gap. Currently, the offence prohibits anyone from encouraging, aiding or assisting the fighting or baiting of animals, but the bill seeks to broaden the offence to specifically prohibit profiting from animal fighting and training, transporting or breeding animals for the purposes of baiting or fighting.

By clearly outlining the prohibited offences proposed, the bill will make it easier for law enforcement to lay charges and for the Crown to prosecute those offences.

Second, the bill amends section 447 to expand the offence related to the keeping of a cockpit to include any arena for animal fighting. Currently, under the Criminal Code, the offence applies only to a cockpit, excluding arenas for the purpose of dogfighting and other types of animal fighting.

These are important changes because they clearly prohibit a wider range of activities often associated with this terrible crime.

Due to its underground nature, it is not known how often animal fighting, especially dogfighting, takes place in Canada. However, we do know that it is a significant problem linked to organized crime, including illegal gambling and the illicit trafficking of drugs and weapons. Moreover, the dogs that are used in fights are often seriously wounded or killed. The proposed reforms would make clear that animal fighting is a cruel and abhorrent activity that simply has no place in Canadian society.

1 would also like to take this opportunity to clarify that these reforms to the animal fighting provisions do not apply to any legitimate activities, such as hunting, training, or using a dog for protection. This is important and I know that many Canadians will wish to be assured of this fact.

Before concluding, I'd like to acknowledge that some stakeholders and parliamentarians feel that Bill C-84 does not go far enough to strengthen animal protection measures.

Bill C-84 is a targeted response, based on extensive consultation, in order to protect the most vulnerable members of society through a common approach. The bill addresses two specific issues with widespread support from the public, the provinces and territories, child protection stakeholders, as well as animal welfare advocates and members of sectors that make use of animals. The Canadian Federation of Humane Societies, the Canadian Federation of Agriculture, the Canadian Veterinary Medical Association and 10 agricultural stakeholder groups have all called for amended animal fighting and bestiality provisions.

In closing, I'd like to remind the committee that the impact of these reforms will be to provide significantly greater protection for children and vulnerable persons, as well as for animals. While the proposed reforms in this bill are targeted at two of the most serious issues, our government is committed to ensuring that all appropriate protections are extended to the most vulnerable and accordingly will continue our comprehensive review of the criminal justice system for further amendments.

I'm looking forward to hearing from Canadians on this, and I'm sure I will hear from the committee on this.

Thank you for your time today. I'd be happy to take any questions you may have.

January 31st, 2019 / 8:45 a.m.
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Liberal

The Chair Liberal Anthony Housefather

The reason the minister and the department are here this morning is that the committee is commencing its study of Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting). For that reason, I'm also very pleased that Mr. Erskine-Smith is joining us today, and will be joining us for our hearings on C-84, as he was instrumental in helping to develop this bill.

Welcome, Mr. Erskine-Smith.

Bill C-84—Criminal CodeRoutine Proceedings

December 6th, 2018 / 10:05 a.m.
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Vancouver Granville B.C.

Liberal

Jody Wilson-Raybould LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, pursuant to Standing Order 32(2), I have the honour to table, in both official languages, a charter statement for Bill C-84, an act to amend the Criminal Code (bestiality and animal fighting).

November 5th, 2018 / 4:40 p.m.
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Liberal

Colin Fraser Liberal West Nova, NS

With regard to this motion, I will not be supporting it. There are problems with it for a few reasons.

First of all, basically, it's asking the committee to invite the minister to seek what amounts to a legal opinion on the procedures, practices and precedents dealing with cabinet confidences. I don't think it would be appropriate for us to have the minister come here and give us her opinion on this. If the members want to get a legal opinion on such things, of course, they're entitled to do so, but it wouldn't be appropriate for our committee to undertake that type of work, in my view.

With regard to the Norman matter, it's obviously the subtext here for the rationale of this motion. I appreciate what my friend has said, that this would be in general terms and wouldn't be specific. It could easily stray into that type of discussion. The sub judice principle applies, that if there is a matter currently before the courts, it would be inappropriate for any member of cabinet to discuss this matter, or to make any types of submissions on that basis outside of the court process.

In addition to both of those excellent reasons, I would submit, we also have a lot of important work that this committee is doing. We started Bill C-78 today. We have Bill C-84 coming to this committee, an animal cruelty bill. It will be important for Canadians to see justice done to that bill. We have a human trafficking report that we're currently putting together to send back to the House. We have, in our agenda, a new study on the criminalization of HIV. We have lots of other important work to do.

For all of those reasons, it would be best to not support this motion. That's why I will be voting against it.

Elections Modernization ActGovernment Orders

October 30th, 2018 / 4:40 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I will be splitting my time with my great friend and colleague, the member for Nanaimo—Ladysmith.

I am looking at the clock right now and I see that we have little more than half an hour left in this debate. It is a sad state of affairs for a bill that really covers such an important law in which every Canadian has so much vested, not the least of whom are members of the House, that we have to debate it under the yoke of time allocation.

The rush is all the making of the Liberals. We have heard repeatedly about Bill C-33, the first attempt by the Liberals at amending our election laws. That bill was introduced on November 24, 2016, and it is about as far as it got. It stayed at first reading. The member for Perth—Wellington called it a very unloved bill because it seemed to have been forgotten by the Liberal government.

Bill C-33 languished for many months and then finally on April 30 of this year, Bill C-76 was brought in, which swallowed up Bill C-33 but added a whole bunch more.

Then the sense of urgency came. The Liberals suddenly became aware of the timelines they had to deal with this. The Liberal government has a clear majority. It has commanding control over the agenda of the House. The Liberals came to power with an ambitious election agenda, and they are making us pay for their laggardness.

The bill came back to the House for report stage last week. On Thursday, October 25, the government moved time allocation. We really only had a few days to debate the bill, which started on Wednesday afternoon. On Thursday, the Dutch prime minister was here, so it was not a full day. We debated the bill on Friday afternoon. On Monday, the government decided to debate Bill C-84 and Bill C-85. We had the votes at report stage last night, Here we are on Tuesday, the final day to debate the bill at third reading.

It makes a mockery out of the Prime Minister's promise to treat this institution with respect when he rams the bill through, especially when the amendments that were looked at in committee and at report stage were backed up by such solid evidence. The Liberals have demonstrated time and again that it is their way or the highway.

We have to place all of this within the context of the biggest promise the Liberals made with respect to electoral reform, and that was that 2015 would be the last election held under first past the post. Why does this matter? When the hon. clerks at the table read out the tally of the votes, we do not approve a motion with 39% support, yet that is precisely what happens in this place. The Liberals do have a majority government, but it was elected by 39% of the people.

If we truly believe that every vote should count equally, then the House of Commons should reflect how people voted. I certainly wish the Liberals had followed through on their promise, that they had listened to the evidence that was gathered by the special committee on electoral reform and at least had progressed.

If the Liberals want to see how it is really done, they need to look no further than the province of British Columbia, where a B.C. NDP government, led by my friend Premier John Horgan, who is also a constituent, is following through with a promise.

Right now B.C. is having a referendum on electoral reform. I was happy to cast my ballot last weekend in support of proportional representation. This is a great opportunity for the province of B.C. to lead the way on electoral reform. It is a great way to show Canadians that on this issue, if they want progress, if they want a government that keeps its promise, they will vote NDP. John Horgan and the NDP are showing that.

I want to move on because I do not want to be entirely negative. There are some important things in the bill that we support. Many of the changes in Bill C-76 are just simple reversals of the Conservative bill from 2014.

For example, Bill C-76 would reinstate vouching for identity. It would restore the voter ID card. It would remove restrictions on how the Chief Electoral Officer and Elections Canada could communicate with voters. These are all good things and we support them.

On a personal note, the government has incorporated the idea behind my private member's bill, Bill C-279, which I introduced in 2016. That bill sought to limit the length of elections. I think all members, and indeed Canadians, would be very happy if we did not have to go through a 78-day marathon campaign anymore. Seriously, there needs to be a limit on the length of elections, especially with the changes the Conservatives brought in under its government. It greatly expanded how much political parties could spend every day we went past 36 days. I do not think anyone could argue in favour of Canadians needing 78 days to make their decision. Therefore, I am glad to see there is a hard limit of 50 days on the length of elections.

I am also happy to see that Elections Canada would now be able to access information from Immigration, Refugees and Citizenship Canada. One of the great things I do as a member of Parliament, pretty much every month, is I get a list of new citizens who recently acquired their citizenship. I get to write certificates, congratulating them on acquiring their citizenship and welcoming them as future electors of Canada. If Elections Canada is able to update its registry in co-operation with another government department, all the better. I think every party in this place wants to see more people participate.

The early registration of teenagers, age 14 to 17, is a great step forward. One of the other things I really enjoy doing as a member of Parliament is visiting all the high schools in my riding. When we make efforts to speak to students, especially grade 11 and 12 students, they are actually a very thoughtful and engaged group. They care very much about their future. They care about climate change, about very progressive ideals. I have really valued my exchanges with them. With early registration as voters, it gives them another impetus to get the buy-in to the system so when they turn 18, they can actually go and cast their ballot.

I was fortunate enough to turn 18 in 1997, an election year, and I got to cast my ballot. I can remember doing that with a lot of pride.

Removing the ban on public education by the Chief Electoral Officer is also a great thing, as well as extending the hours of advanced polls. These are all positive measures in my view.

That is not to say that there are not problems. One of the biggest gaps, and it has been clearly identified by the member for Skeena—Bulkley Valley, who has been doing yeoman's work on this bill on behalf of the NDP, is the privacy rules covering political parties. Every political party in this place gathers a lot of information on Canadians. We know generally how many people live in a household, what their ages are, their genders and, in some cases, what their professions are.

We live in a time now where information warfare is a fact. Hacking is a fact. We need look no further than the examples of the Brexit vote and the recent election in the United States. It would be absolutely foolish of us to pretend it will not to affect Canada. Unfortunately, despite all the evidence that was heard at the procedure and House affairs committee, not only from the Privacy Commissioner but a whole host of experts, the Liberals cynically ignored this important provision. They decided not to strengthen privacy laws covering political parties. Also, nothing was really done with respect to election ads on social media and the Internet.

One of the big things is this. I remember the Liberals amended their own bill at committee to remove the requirement of political parties to keep receipts for their spending. This is the Liberals at committee amending their own bill to take that out. Last night, through report stage amendments, we tried to insert that back in, through vote no. 12. It was voted against. The Chief Electoral Officer has been calling for this since the 38th Parliament. For a party that likes to sing praises of the Chief Electoral Officer, to repeatedly ignore his recommendations and his calls to action on so many occasions makes a mockery of the Liberal statements in this place.

We also tried to move the voting day to Sunday, which I think would have encouraged more participation. On a Monday, I know everyone is entitled to get those hours off, but it sometimes does not always work out.

We tried to be constructive with the bill. Despite the many flaws that exist, we will vote to send it to the other place. However, I will be reminding Canadians of the opportunities that were lost, the opportunities that we attempted to address and the Liberals' flagrant attempts to ignore all of those constructive proposals.

Criminal CodeGovernment Orders

October 29th, 2018 / 5 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Mr. Speaker, I want to reiterate what I asked the previous speaker. This bill is based on a private member's bill, kind of an omnibus bill, about animal welfare and cruelty to animals that perhaps tried to do too many things at once. The government has taken two very simple parts of that bill and put them into Bill C-84. As my colleague from Longueuil said, it is sort of like motherhood and apple pie and, of course, everybody here is going to agree with that.

However, why did the government not do the perhaps more difficult work of broadening the scope to other real animal cruelty issues around the care of animals without getting into the problems of fishers, hunters, trappers and farmers doing their business in proper ways? We could easily have language in the bill that would protect those activities while getting at true animal cruelty, which this bill does not cover at all, even though in her speech, the member seemed to suggest that it does. It is only about bestiality and animal fighting, two things we can all agree are not proper things for Canadians to do. We should have tackled the broader subject.

Criminal CodeGovernment Orders

October 29th, 2018 / 4:50 p.m.
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Liberal

Julie Dzerowicz Liberal Davenport, ON

Mr. Speaker, I am pleased to rise in the House to speak to Bill C-84, an act to amend the Criminal Code, bestiality and animal fighting.

Animal rights, updated animal cruelty laws and anything to do with taking care of our animals are very important to Davenport residents, so I felt it was important for me to speak to the bill.

I have received hundreds of letters over the years since I have been elected and a number of calls to action around improving our animal cruelty laws and many of the issues that have been talked about in the House in our discussion on Bill C-84.

Before I begin my formal remarks, I want to acknowledge the work of my colleague from Beaches—East York who introduced Bill C-246 two years ago. This proposed legislation was intended to modernize many aspects of Canada's animal cruelty laws. While the bill was ultimately defeated, I did vote in favour of it, not only because of the overwhelming support of it by Davenport residents but because I personally felt the time had come for us, on a fairly big scale, to update the legislation in a number of ways.

However, it was partly due to the member's efforts that the Minister of Justice and Attorney General of Canada committed to review the animal cruelty offences. She engaged in a broad public consultation that led to proposing Bill C-84, which is what I will speak on today. I will focus on a couple of areas.

I think we can agree that bestiality, its links to child sexual abuse, cruelty to animals and the issue of animal fighting are major concerns in Canada. Therefore, Bill C-84 proposes to do a few things, including providing a clear definition for bestiality as well as strengthen and modernize Canada's animal fighting laws. I will focus on these two issues in the bill, which have broad support.

First, Bill C-84 would fill a gap identified as a result of the 2016 Supreme Court of Canada's decision in the case of R v. D.L.W. in relation to the prohibition of acts of bestiality. In the D.L.W. decision, the Supreme Court was asked to interpret the scope of the bestiality offence under the Criminal Code. Surprisingly, it was found that the Criminal Code did not contain a definition of bestiality.

In considering the origins and historical evolution of the common law bestiality provision, the court stated that penetration had always been one of the central elements of the offence. The court refused to interpret bestiality in such a way as to broaden its scope, saying that the decision to broaden the definition fell squarely within the responsibility of Parliament. The Supreme Court decision in the D.L.W. case allowed us to identify a gap in the law that the bestiality offences in force did not apply to persons who committed sexual acts with non-penetrating animals, even in the presence of children or with children.

Many stakeholders, including child and animal advocates and even some provincial governments, urged the federal government to act on the D.L.W. decision and to fill deficiencies identified by the Supreme Court. The first amendment proposed in the bill therefore is to define the term “bestiality” in the Criminal Code to prohibit “any contact, for a sexual purpose, with an animal”. This proposed legislative amendment will serve several important purposes, such as the protection of children and other vulnerable persons who may witness or be forced to witness an act of bestiality.

The proposed legislative amendment contains a strong public safety component. Research shows that violence, including sexual violence against women and children and violence against animals, are not separate and distinct issues. Rather, they are part of a broader context of violence that is inextricably linked.

In fact, research conducted by the Canadian Centre for Child Protection on images of child sexual exploitation on websites reported that between 2002 and 2009, 35% of all images analyzed involved serious sexual assault, including bondage or sexual servitude, torture and bestiality. This data demonstrated that there was a clear link between bestiality, child sexual abuse and other forms of violence.

In addition, since the D.L.W. decision, the case law analysis on this issue also revealed numerous cases where offenders convicted of possession of child pornography were sadly viewing images of children aged one to 16 engaging in bestiality acts.

Case law further demonstrates that when sexual violence against a child involves an animal, the level of criminal behaviour may be particularly serious, and acts of sexual violence committed do not always involve penetration.

Since the D.L.W. decision, bestiality offences under the Criminal Code do not apply in cases where the offender commits sexual acts with non-penetrating animals. The impact is that animals are only protected from non-penetrative sexual acts by persons when the sexual act causes physical injury to the animal and is therefore an offence for cruelty to animals. Likewise, children are only protected from being compelled to commit or witness acts of bestiality without penetration when other sexual offences against the child apply.

Bill C-84's proposal to define bestiality fills this gap by making it clear that all acts of sex with animals are prohibited under the bestiality provisions of Canada regardless of the circumstances. In other words, society has no legitimate interest in allowing people to commit sexual acts with animals, especially in the presence of children or with their participation. The bill proposes to define bestiality as “any contact, for a sexual purpose, with an animal”.

The meaning of this sentence is well understood and established in law. This expression is found in several other provisions of the Criminal Code, such as child pornography, luring on the Internet and making sexually explicit material available to a child.

In the 2001 Sharpe decision, the Supreme Court of Canada interpreted the sentence in the context of the child pornography offence to mean that the act, viewed objectively, was committed for the sexual gratification of the involved child. It would be noted that the proposed definition clearly would not intended for animal breeding activities such as artificial insemination.

I would now like to highlight the provisions in the bill to strengthen Canada's animal fighting laws.

At the moment, the Criminal Code prohibits anyone from encouraging or assisting in the fighting or harassment of animals and anyone who constructs and maintains an arena for cock fighting on the premises that the person owns or occupies or to permit such an arena to be constructed, maintained or guarded on those premises. The bill would ensure that all activities contributing to animal fighting would be prohibited and that all animals would be entitled to the same protection. This would be achieved by amending section 445.1 of the Criminal Code to prohibit a wider range of activities, such as promoting, organizing and participating in animal fights.

In addition, Bill C-84 would ensure that section 447 would prohibit all arenas of animal fighting, not only those that would be committed to cock fighting. While there are no reliable statistics on the extent of animal fighting in Canada, given the clandestine nature, we know that animal fighting activities are often related to organized crime, including illegal gambling, trafficking, illicit drugs and weapons. Although cock fighting has become a thing of the past in Canada, the incidence of other forms of animal fighting, particularly those including dogs, has increased.

The animal fighting offence reforms proposed in the bill will achieve a number of important goals, including the following two. They will make it clear that all forms of animal fighting are prohibited. They will strengthen our ability to bring to justice those who commit these heinous crimes and to track the number of cases.

I would like to point out that the broadening of the scope of animal welfare offences does not involve legitimate activities such as hunting, training or the use of dogs for protection purposes. Rather, it targets acts of gratuitous violence that have no place and no legitimate purpose in our country.

Although this is a relatively short bill, the proposed amendments are necessary to fill real gaps in the criminal law.

In short, the bill is part of the firm commitment of the Minister of Justice to examine and strengthen the animal cruelty laws. I hope all members of Parliament will join me in supporting the proposed reforms. I encourage all members of the House to unanimously support the speedy passage of Bill C-84.

Criminal CodeGovernment Orders

October 29th, 2018 / 4:35 p.m.
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Liberal

Peter Fonseca Liberal Mississauga East—Cooksville, ON

Mr. Speaker, I will be sharing my time with the member for Davenport.

What this bill brings forward is a balance: more protections for animals against animal cruelty, and also an understanding of the important work that farmers need to do.

We are going to talk a lot about the legislation, but nothing brings it more to life than a story. I was listening to the member for Cowichan—Malahat—Langford talking about Teddy the dog and the abuse it suffered and how the community has rallied. We have heard from citizens from coast to coast to coast how important this is. That is significant. We know these stories have happened in all of our ridings and it is important for us to protect those who do not have a voice, our animals. That is why it brings me great pleasure to be able to speak to Bill C-84, an act to amend the Criminal Code (bestiality and animal fighting). This bill proposes several amendments to the Criminal Code to improve and expand the law in respect of these two issues.

Historically, discussions surrounding the criminalization of certain types of behaviours toward animals have tended to generate significant controversy and strong passion on various sides. As we experienced during the second reading debate on Bill C-246, the modernizing animal protections act, it is not always easy to reconcile competing interests in this area of the law. Despite the challenges we see time and again on these broader questions, I believe it is important, as a starting point, to recognize that the measures proposed in this bill focus on two issues that enjoy broad support. In fact, I understand that a wide variety of stakeholder groups have written to the Minister of Justice in support of these specific proposals. In addition to the Canadian Federation of Humane Societies and the Canadian Veterinary Medical Association, and a diverse range of stakeholders from the agriculture sector have equally expressed their support, again striking the right balance.

It is clear that there is more we can do as parliamentarians to protect animals and to condemn those who intentionally subject them to harm. When we can all come together, we can get important things done. That is precisely what this bill seeks to do. Bill C-84 seeks to better protect children and other vulnerable persons and animals in a couple of different ways.

First, there are amendments to existing offences in relation to animal fighting. Causing animals to fight each other is generally done for the economic gain of some people and the entertainment of others. In all of its manifestations, it is an abhorrent behaviour that has no place in Canadian society. It has long been prohibited under criminal law. Animal fighting can be a complex enterprise involving many people at different stages of the operation. Because there are a variety of activities carried out by numerous different people, possibly in different places, it can make it challenging to define the scope of the offence and to prosecute those offenders. In fact, animal fighting has been shown to be linked to organized crime. We might suspect the reason for this is that it is a profit-generating activity, which is what criminal organizations are only interested in. This potential link with organized crime is yet another reason to take seriously the measures proposed in this bill.

Criminal law seeks to define offences by identifying specific actions that are prohibited. The time has come to update the existing prohibitions to ensure that all of the various activities done in support of animal fighting are clearly prohibited. That is precisely what this bill does. The existing offence in paragraph 445.1(1)(b) of the Criminal Code prohibits encouraging, aiding or assisting the fighting of animals. The problem with this is that it is not entirely clear what conduct is or is not prohibited. Therefore, the bill would expand this offence so that it would expressly prohibit a range of additional activities that are done in support of animal fighting. It would add the following to the list of prohibited activities: promoting, arranging, receiving money and taking part in animal fighting, as well as training, transporting or breeding an animal for the purpose of fighting.

The objective of such reforms is to more clearly define what conduct is prohibited in order to facilitate the investigation and prosecution of these offences. Related enforcement actions would be facilitated, because it will be very clear when behaviour is criminal and when it is not. Enforcement bodies will not have to ask themselves whether breeding animals for the purpose of fighting or receiving money from animal fighting are prohibited since the various links on the chain of an animal fighting operation will now all be set out very clearly.

This change would greatly benefit the animals that are deliberately subjected to harm in the most brutal of ways for human entertainment and profit. There is no social value to these activities, only cruelty for its own sake.

It is vital that the law be clear, that animals be protected from the full range of activities that are done in support of animal fighting, and that law enforcement be equipped to detect and stop this crime at whatever stage they find it.

A related amendment is a proposed change to the offence of keeping a cockpit, dealt with in section 447 of the Criminal Code. The narrow scope of this offence is likely a result of the historical era in which it was enacted, a time when animal fighting would have primarily involved cockfighting.

Today we know that animal fighting can take other forms, most notably dog fighting. Bill C-84 would therefore broaden the current offence so that individuals who make or maintain arenas that are intended to be used in fighting by any type of animal are subject to criminal law.

I would also note that research continues to show a correlation between animal cruelty and other forms of criminality and violence. While these proposed reforms target one form of animal cruelty, the broader context remains relevant. Where individuals participate in the senseless brutalization of animals, this kind of behaviour represents a threat to public safety that we must all be concerned about.

The other major component of this legislation addresses bestiality. There have always been offences prohibiting bestiality in the Criminal Code, including prohibiting the compelling of a person to engage in bestiality and inciting a person under 16 years of age to engage in bestiality or engaging in it in the presence of an individual, as dealt with in section 160 of the Criminal Code.

However, there is currently no definition of bestiality in the Criminal Code. In the 2016 decision of the Supreme Court of Canada in R. v. D.L.W., the court held that the common law definition of bestiality is limited to sex acts with animals that involve penetration. This ruling generated a lot of commentary, with many Canadians feeling that it left out many of the offences and forms of behaviour that are harmful and equally deserving of prohibition.

While interpreting these offences is in the domain of the courts, creating new offences or expanding the scope of the existing ones is something that only Parliament can do, and this is precisely what Bill C-84 proposes to do. The bill proposes to amend the relevant section, section 160, to define bestiality for the first time in the Criminal Code.

It is entirely appropriate for Parliament to define the scope of key terms in criminal offences, as this is in fact what defines the scope of criminal conduct. It is our responsibility not just to ensure clarity in the scope of criminal offences, but also to ensure that the scope of criminal offences keeps up with modern times and adequately protects the public from offensive behaviour in a way that is consistent with our collective values.

I am confident that Canadians will support these proposed measures, which aim to clearly identify as unacceptable certain forms of conduct that are harmful to animals, to children and to the whole of society.

I urge all members to support this legislation to ensure its swift passage. This is the right piece of legislation that will bring that balance by protecting animals from cruelty and also ensuring that farmers will be able to do their jobs. Stakeholders are onside. It is time to move forward.

Criminal CodeGovernment Orders

October 29th, 2018 / 4:25 p.m.
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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Mr. Speaker, I am pleased to rise today to speak on Bill C-84, an act to amend the Criminal Code, bestiality and animal fighting. While I am glad the issue is being addressed and I support this legislation. I am disappointed that it took so long for the Liberal government to act on these very simple, straightforward changes. On this side of the House, we have been asking for these changes for two years. We have been asking for the Liberal government to ensure that there is justice for these very disgusting crimes, and we are not alone. Thousands of Canadians have the same concerns and have been demanding that the government work to protect animals and victims of crime.

I am glad the government finally took these thousands of Canadians seriously. Bill C-84 aims to protect children and animals from cruelty and abuse. We can all agree that protecting children should be one of our top priorities. I am glad that we are able to provide protection for children and animals while still making sure that we are not causing undue hardship on legitimate and traditional farming, hunting and trapping practices, including indigenous harvesting rights. We do not want to fix one problem while creating another and I am glad this bill would avoid that.

Bill C-84 sets out to broaden the definition of bestiality in order to prohibit any contact for a sexual purpose between a person and an animal. The current definition of bestiality is very restrictive and has resulted in at least one charge being thrown out because the definition was too limited. We cannot allow any other cases to be thrown out simply because we have a definition that is so limited that criminals who prey on children and animals are not able to be convicted and sentenced.

On this side of the House, we stand with and support victims rights. We have been demanding that the government take action on this issue. In fact, almost a year ago, in December of 2017, my colleague, the member for Calgary Nose Hill introduced a piece of legislation that was exactly the same as the current piece of legislation. We knew that changes needed to be made a long time ago and we tried to address them. I am glad that we are addressing them now, but we could have avoided criminals slipping through the loophole that exists for sexual abusers over the past year if this important issue had been addressed much sooner.

The bill would also prohibit the ability to profit from or keep any facility for the purpose of animal fighting. Right now, the Criminal Code does address animal cruelty and specifically animal fighting, but this bill would help to expand the protection of animals and capture all activities related to animal fighting. That means that anyone who promotes, arranges or takes part in animal fighting or the baiting of animals would be committing a crime. Also, anyone who profits from animal fighting would be committing a crime.

It would also be against the law under this new piece of legislation to breed, train or transport animals for the purpose of animal fighting and anyone who is found to be building or maintaining any arena for animal fighting would be committing a crime. Right now, the current definition only references a cockpit, which is a place used for cockfighting, but it does not address the fighting of other animals. Under this bill, all arenas for all types of animal fighting would be captured.

One thing that does worry me about this legislation, though, is whether it will be passed by the time the House of Commons rises in June of next year. I am concerned that the government will not prioritize this legislation and ensure that it passes quickly. If this does not pass before June, it will have to be reintroduced, leaving an opportunity for further cases and criminals to slip through the loopholes of the existing legislation and definitions. That will mean that dangerous criminals who prey on children and animals may not be punished for their crimes simply because the bill did not become law quickly enough. I do not want to see that happen.

Again, it is so very important for this Parliament and the government to increase the protection for children and vulnerable individuals who may be compelled by another person to commit or witness sexual acts with animals.

Protecting children should always be a top priority, so I am glad to see this bill addressing the shortfalls that currently exist in that area. It is aIso important that we ensure that animals are protected from violence and cruelty, which the bill does set out to do. I am supportive of that as well.

I hope that the government can provide assurances to the House that the bill will be a priority and that these changes will be made as quickly as possible.

In conclusion, I will again state that I support the bill and I am glad that we are addressing these important changes. However, I am concerned about the timing and the lack of urgency that we have seen from the government on this issue.

Criminal CodeGovernment Orders

October 29th, 2018 / 4:15 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Mr. Speaker, it is an honour to rise today to speak to Bill C-84. I would first like to mention that I will be sharing my time with the member for Markham—Unionville.

Bill C-84 seems to be another example of the government striking a valiant attempt to make a change, yet it is an incomplete attempt, much like most of the legislation we have seen coming forward from the government. Some of these previous shortcomings include Bill C-45, the cannabis bill, which just came into effect a few days ago. Even though that legislation was debated in the House and passed roughly a year ago, there still remain multiple enforcement agencies, municipalities, regional districts and first nations that agree it simply was not complete or ready. It did not give the provinces or municipalities time to prepare.

After that was Bill C-46, the bill that dealt with impaired driving, which was tied to Bill C-45. We have now heard that because of the way Bill C-46 was drafted, there is no proof that the systems in place and the science and technology around identifying impairment, which was fairly standardized when it came to alcohol, are going to be effective when it comes to drugs. Not only do we have another piece of flawed legislation out there, but we have communities and enforcement agencies trying to scramble to figure out how to deal with that.

The next piece of legislation I am familiar with is Bill C-71, the government's firearms legislation, which, in listening to its rhetoric, is aimed at reducing gun violence, gangs and so on. However, the bill does not mention gangs or gun violence at any point in time. All it talks about is registering firearms and making things worse for law-abiding firearms owners.

The most current is probably Bill C-75, an act to amend the Criminal Code. That is a bill the government introduced to bring modernization to the Criminal Code. That bill has been bantered back and forth many times, but it is now at committee stage. My colleague from St. Albert—Edmonton is currently on the committee studying that bill, and members are looking at stacks and stacks of amendments to another government bill. I experienced the same thing when I sat in on the discussion on Bill C-69, when I happened to be substituting on that committee. I believe there were 600 amendments to that government bill. The bill was 300 pages long, and I believe 300 or 350 of those amendments came from the government side.

I continuously see the government putting forward draft legislation for debate in this House that it has not thought through or consulted on properly, and it just ends up being hashed about at committee. We have seen the Senate return a number of bills to this House with amendments. Worst of all, we see communities, enforcement agencies and the public trying to figure out how they are going to manage or work around this poorly drafted legislation from the government.

Turning back to Bill C-84, an act to amend the Criminal Code with respect to bestiality and animal fighting, I praise the government for bringing forward legislation to deal with this. I agree we need to do what we can, as legislators, to bring in legislation to protect people, protect the innocent and protect animals from the abuses we have seen. Also, to protect them from the ways criminals have been able to skirt the laws through definitions, different interpretations in the courts and so on. On that point, I will give the government credit for at least attempting to do something right.

When I look at this bill, I also see where it comes up short in some cases. I compare it to an insurance policy. I think everyone here has had an insurance policy and has taken a close look at it. Some have possibly made a claim through that insurance policy only to find out that the claim is denied because in the fine print something was excluded.

We may get a chance to amend this bill in committee. Even though it is a short bill and one would not think it needs much amendment, I do not believe it is perfect and I will be talking to committee members about possible amendments going forward.

When I see that the bill includes a phrase that basically bans the fighting or baiting of animals or birds, I question whether that is going to impact our provincial hunting regulations. I have not yet been able to have full discussion with anyone to determine this. In some provinces, it is completely legal and within ethical standards to plant crops to attract wildlife, such as deer and elk, to certain areas for hunting purposes. Those are perfectly accepted standards that continue to this day. In fact, many of those standards actually improve the chances of correct and humane harvest of those animals because they are at a baiting station.

That is why I question the wording in this bill. I will be following through further on this to make sure that this bill, like many other bills the government has put forward, is not flawed after it gets through committee. I want to make sure we are protected in those ways.

Another thing that troubles me with this bill is why it took the government almost a year to introduce its own bill that is identical in most ways to a bill introduced by a member from our side of the House, the member for Calgary Nose Hill. Her bill was introduced in December 2017, and yet the government sat on it and did not move it forward for debate. The government could have had this process done by now and given credit where credit was due, to the person who brought the issue forward.

It seems to be a continuous mantra of the government to not do anything until it is caught not doing anything. We see it when we have witnesses appear at committee to give testimony. We see it in the Auditor General reports. It just seems to be a continuing theme.

In fact, I had the same experience myself. I introduced a private member's bill a couple of years ago to recognize volunteers in search and rescue situations. Just a few weeks later the government announced that it was going to create service medals for search and rescue volunteers. Again, it was not doing anything until it got caught not doing anything.

That is the case here. It is disappointing that the government has to be shown the way forward by members on our side. We see this quite often with the opposition day motions we bring forward. In fact, we had another one just last week. We put forward an opposition day motion that the Liberals could have easily acted on much sooner, but we had to force their hand by forcing the argument and putting it to them to make them step up to the plate. It is just another case of, as I said, not doing anything until they are caught not doing anything. Then they get caught in a bind and have to put out something that is not complete, not well-thought-out and not well-processed.

With that, I am finished my comments. I know I will be receiving questions on this.

The House resumed consideration of the motion that Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting), be read the second time and referred to a committee.

Criminal CodeGovernment Orders

October 29th, 2018 / 1:50 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, as it is my first opportunity to rise today in the debate on Bill C-84, I want to thank my hon. colleague for Toronto—Danforth for her speech.

I did attempt to ask question earlier today of the Minister of Justice, because the bill is certainly good, but it leaves a lot of holes. We still need to move forward to eliminate elements of animal cruelty, and we need to do more around these particular issues.

I hope that we can get the bill to committee and that the government would be open to substantive amendments so that we can make more progress than Bill C-84 would make. I would be interested in my colleague's thoughts on what might be possible at committee.

Criminal CodeGovernment Orders

October 29th, 2018 / 1:40 p.m.
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Liberal

Julie Dabrusin Liberal Toronto—Danforth, ON

Mr. Speaker, I am pleased to rise today to speak in support of Bill C-84. It is a step forward on animal welfare issues. We have so much more to do, but I am happy to mark the start of the move toward better and stronger animal welfare legislation.

There are other related bills I expect to see shortly in this place coming from the other place on the captivity of whales and dolphins, on shark finning and on the testing of cosmetics on animals. Those are all important steps forward on animal welfare issues. I am really looking forward to participating in those debates and voting in support of those efforts.

Animal welfare issues are very important to me. I am a member of the Liberal animal welfare caucus. I would really like to thank the members for Brossard—Saint-Lambert and Steveston—Richmond East for their leadership role on that caucus. It is an important way for us to get more information and to learn more about what we can do to move things forward. It has definitely been a source of learning and advocacy for us.

As I said, this bill is a step forward. It ends the sexual abuse of animals and also gets rid of the cruel practice of animal fighting. Those are important first steps forward for us. It is hard for me to believe that we even need this legislation, and yet we do.

I was reading a little bit more about animal fighting. Once one reads about it and sees pictures, it is really hard to get images out of one's mind. It really centres us on why we need to take action.

I was looking at the Ontario SPCA web page about dog fighting. It described it this way: “Dog fighting is a sadistic ‘contest’ in which two dogs—specifically bred, conditioned, and trained to fight—are placed in a pit (generally a small arena enclosed by plywood walls) to fight each other for the spectators' entertainment and gambling.”

This bill goes beyond dog fighting, but let us focus on dogs for a moment and what I was reading about. Dogs die as part of this fighting, and this is not just about the dogs in the fights themselves. In the training process, there are also what are called “bait dogs”.

U.S. awareness about bait dogs, which are part of the training process, really came to the fore when a female pit bull named Turtle was found on the side of the road with many scars and wounds. The reason she had all those scars and wounds is that she had actually been used, attacked over and over again by dogs training for these fights as part of this cruel contest.

This dog, Turtle, was rescued, which makes her a lucky one despite the tremendous pain she went through. However, other animals are not able to be rescued. That is why we need this type of legislation and why I can speak so strongly in support of that need. We should never see that happen to animals at all.

I was also taken by another article I read in The Globe and Mail, which mentioned that U.S. dog owners come to Canada for dog fighting because we are seen as having lax legislation. I cannot even imagine that Canada would be seen as a place where someone would come because of lax legislation on animal cruelty. That is something we cannot let happen, and this bill takes a step forward in preventing it.

Canadians care, and that is also why this is so important. Two weeks ago, I went to one of my local churches, the Metropolitan Community Church of Toronto, and it had a blessing of the animals service. People brought their animal friends to church for a blessing, and they got to talk about the important roles that our animal friends have in our lives. It was also a time to talk about the kind of advocacy we can do in support of animals in our community. I would really like to thank Kimberly Carroll of Animal Justice because she made a call to action that day and talked to us about the need to give a voice to animals, as they cannot speak for themselves.

That is what we are doing today in the process of this debate. Today is one more step in trying to give a voice to animals. I know this is important to people who live in Toronto—Danforth, and it is certainly important for me. It is important to how we want to see our community and country.

I want to cite the words of Albert Einstein. He said that “Our task must be to free ourselves by widening our circle of compassion to embrace all living creatures and the whole of nature and its beauty.” That touches me in terms of how I want to see an expanding circle of compassion, which I believe this legislation and the other bills we will be seeing coming from the other place move us closer to doing.

Gandhi said that “The greatness of a nation and its moral progress can be judged by the way its animals are treated.” Those are good points of balancing out. How do we want to see ourselves as a community?

Another aspect of the bill, aside from the animal fighting part, is about bestiality. It is another important part of what the bill covers. In 2016, there was a Supreme Court of Canada decision, and in it bestiality, as it is currently defined in our Criminal Code, was said not to include non-penetrative acts. There was an important dissent that was written by Supreme Court of Canada Justice Rosalie Abella, but the majority did not agree with that, and I would like to quote the decision because it is important. This legislation directly responds to it. The court decision stated:

Penetration has always been understood to be an essential element of bestiality. Parliament adopted that term without adding a definition of it and the legislative history and evolution of the relevant provisions show no intent to depart from the well-understood legal meaning of the term. Moreover, the courts should not, by development of the common law, broaden the scope of liability for the offence of bestiality. Any expansion of criminal liability for this offence is within Parliament’s exclusive domain.

The decision also said:

Courts will only conclude that a new crime has been created if the words used to do so are certain and definitive.

I would submit that that is what this decision does. It provides clear, certain, definitive wording. It is quite simple in fact. Our government response to that decision is that we amend section 160 of the Criminal Code by adding a subsection 4, which states, “In this section, bestiality means any contact, for a sexual purpose, with an animal.” It is simple, certain and definitive. That is why it responds quite well to the concerns that have been raised in that case.

By dealing with this, we are increasing our circle of compassion. I say that because I also want to talk about, and I know we heard this earlier today, that a link has been seen between animal cruelty and violence toward people. The Humane Canada conference in 2017 brought together experts to talk about these links and how they would be better addressed. In fact, similar conferences have been held in the United States. There will be a conference by Humane Canada on this issue in November this year in Toronto, discussing the link between violence against animals and violence against people. When the purpose of the conference was set out, it stated:

Violence against animals and violence against people are not distinct and separate problems. Rather, they are part of a larger pattern of violent crimes that often co-exist. Research shows a significant correlation between animal cruelty and crimes of domestic violence, the physical and sexual abuse of children, sexual assault and other violent crimes.

When I was reading and learning more about this, in domestic assault situations and domestic violence, sometimes the threat of violence to an animal friend in that household is one of the ways that control is exerted over the domestic partner as part of the violence. It is a more complex issue and the circle of compassion encapsulates our entire community. We need to end animal cruelty. It is as simple as that.

It is something that I personally feel passionately about. I am happy to see that we are here to debate and discuss it. I look forward to seeing the bill move forward. I want to thank the member for Beaches—East York who raised many of these issues in his bill earlier in the discussion. I am seeing this as one more step. We need to move it forward. Let us do it. Let us take the steps that we need to move forward on animal cruelty.

Criminal CodeGovernment Orders

October 29th, 2018 / 1:30 p.m.
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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. Speaker, I will be sharing my time with the member for Toronto—Danforth.

I am very pleased to have this opportunity to speak to Bill C-84, a bill that proposes several amendments that would strengthen the Criminal Code's response to bestiality and animal fighting.

I have been passionate about animal protection all my life. During my five years on Oakville's town council I had the opportunity and privilege to work with the Oakville & Milton Humane Society and its former executive director, Kim Millan. I have spoken at length with Kim, as well as former OSPCA officer, Laura Mackasey , and current OSPCA officer, Caitlin Jones who are the front line when dealing with animal cruelty cases. I can remember so clearly Laura and Kim saying to me, “We want to do more, but our hands are tied by legislation.” I was actually shocked at how our laws had failed to keep up with the realties of our world.

I was an early and vocal supporter of the member for Beaches—East York's private member's Bill C-246, and met with my local humane society about the proposed legislation. It also publicly supported the bill because it deals with animal cruelty on a daily basis and knows how critical it is to update our laws. Quite frankly, those on the front line of animal cruelty need governments to step up and give them the tools they need to protect animals.

The bill before us today reflects the Minister of Justice's commitment to review animal welfare laws in the wake of the defeat of Bill C-246. She held extensive consultations all across Canada. Bill C-84 is an excellent first step, but quite frankly, there is more to be done by all levels of government to end animal cruelty.

I will highlight one issue which was brought to my attention by someone who has worked in the field for many years. We need to ensure that any person convicted of an offence of animal cruelty should be prohibited from ever owning an animal again, and if the person is prohibited from owning an animal in one province, that restriction should apply in all provinces. It is my hope that this is something that could be considered at committee.

We know there is a direct link between animal cruelty and child abuse and also between animal cruelty and domestic violence. That is why we must take the abuse of animals seriously. Research from the University of Windsor found a strong correlation between the abuse of human family members and the treatment of companion animals. Childhood sexual assault is also linked with animal sexual assault. Barbara Cartwright, CEO of the Canadian Federation of Humane Societies has stated that not all people who commit animal cruelty are serial predators, but as far as we know, all serial predators have committed acts of animal cruelty. We also know there is a correlation between animal fighting and guns and gangs. Bill C-84 also tightens the law around animal fighting.

I am sure most Canadians are shaking their heads asking why these changes have not been made sooner. I agree, but I applaud the government for bringing Bill C-84 forward.

On the specifics of Bill C-84, I will now focus my comments on the bill's amendment, which arises in the wake of the Supreme Court of Canada's decision in 2016 in the case of D.L.W. In this recent decision, the court limited the meaning of the term “bestiality”. I cannot stress enough how important Bill C-84's bestiality amendment is. Specifically, it would serve to protect vulnerable people, especially children, as well as animals. To be clear from the outset, criminal liability must result whenever any kind of sexual act with animals occur. While difficult to talk about, it is a subject that we must address because of the very real consequences of a lack of legislation on this issue.

The term “bestiality” has never been defined in statute in Canada, but it forms the basis for criminal liability in three distinct Criminal Code offences. Canada's bestiality provisions find their origin in ancient British law, and the offence was included in Canada's first Criminal Code in 1892. The recent Supreme Court case was the first time the Supreme Court of Canada had the occasion to consider the meaning of the term “bestiality”. Because there was no statutory definition of the term, the court examined its history and its interpretation at common law to determine its meaning.

The court found that sexual penetration has always been one of its essential elements. Nothing in the legislative history of Canada's bestiality provisions was found to have changed its original meaning at common law. Importantly, the court also noted that any changes to the scope of existing criminal offences must be made by Parliament.

The circumstances of the D.L.W. case are disturbing, to say the very least. Without elaborating on the extensive and sustained sexual abuse that the accused perpetrated against the victims over a period of approximately 10 years, the court was asked to consider whether the activity constituted a form of bestiality. The majority of the court answered the question in the negative because of the historical interpretation given to the offence.

The decision stated that the courts must not create new crimes that Parliament never explicitly intended and expanding the scope of bestiality to include all sexual acts between humans and animals would do just that, largely because, in the words of the Supreme Court, “there is not, and has never been in Canada, any statutory definition, exhaustive or otherwise, of the elements of bestiality.” The court also pointed to the ongoing significant policy debates about what the focus of this sort of offence ought to be and once again clarified that it is for Parliament, not the courts, to expand the scope of criminal liability for this ancient offence.

Bill C-84 proposes an amendment that would achieve exactly what the courts have suggested. Specifically, it would define “bestiality” as “any contact for a sexual purpose with an animal”. It would mean that accused persons, like the one in the D.L.W. case, would no longer be acquitted simply because the sexual abuse in question did not involve penetration. This is an appropriate and necessary response to the Supreme Court's decision. As parliamentarians, it is our duty to ensure the criminal law protects the most vulnerable, especially children. Involving animals in harmful contact is often indicative of a propensity for even more serious offending.

As I stated earlier, there is an established link between animal cruelty and child abuse. The D.L.W. case is a case in point. We must extend the criminal law's protections in this regard. Undoubtedly, the Criminal Code contains other offences that could apply to the conduct at issue in the D.L.W. case. At the same time, the proposed changes would send a clear message that forcing others to engage in sexual acts with animals and involving children or animals in this kind of activity is harmful and will not be tolerated.

The bill's second focus on animal fighting is also an overdue change to our legislative framework in Canada. Our society does not tolerate these abuses of animals and I am pleased the government has introduced Bill C-84 to protect the vulnerable, animals and Canadian society in general. It is my hope that this legislation will go a long way in also helping people like those who work with the Oakville & Milton Humane Society, as well as the Ontario Society for the Prevention of Cruelty to Animals, to do their jobs more easily and give them the legislative framework they have been calling for.

I call on all members of this House to support this bill.