Criminal Law Amendment Act, 2001

An Act to amend the Criminal Code and to amend other Acts

This bill was last introduced in the 37th Parliament, 1st Session, which ended in September 2002.

Sponsor

Anne McLellan  Liberal

Status

Not active, as of Oct. 3, 2001
(This bill did not become law.)

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.

Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms ActGovernment Orders

March 20th, 2002 / 3:35 p.m.
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Bloc

Robert Lanctôt Bloc Châteauguay, QC

Mr. Speaker, I rise in the House today to state the position of the Bloc Quebecois. We believe that cruelty to animals should have been dealt with in legislation a long time ago.

Cruelty to animals is a serious problem that deserves the full attention of the House. We are talking here about people who wilfully commit horrible acts of violence against defenceless creatures.

There is something new and interesting in Bill C-15B in that it creates a new part V1 in the criminal code. This part is strictly dedicated to the protection of animals against cruelty. However, the bill also amends the Firearms Act to give more powers to the registrar of firearms, which results in decreased powers for the chief firearms officer, who falls under Quebec's jurisdiction.

With regard to cruelty to animals, we believe that changes to our criminal code to reflect reality are long overdue, particularly since the majority of provisions dealing with cruelty to animals date back to the end of the 19th century. Our attitude toward animals has greatly changed since then. Animals are no longer considered as property but as beings.

Since it was first introduced, Bill C-15B has been generating strong reactions, and it has also been facing diverging interests. At the very beginning, the Bloc Quebecois gave its agreement in principle to the bill, but we cannot support it in its present form, because it does not transfer the specific means of defence provided under section 429 of the criminal code, so as to explicitly protect animal breeders, hunters, the animal industry and researchers under the new part V1.

We think that the primary objective of this bill should be to impose penalties for cruelty to animals. However, because it is obviously flawed, this legislation is unacceptable.

If the government's goal is not to deny legitimate activities from the explicit protection afforded under section 429 of the criminal code, then I wonder why this protection is not included in the new part. The current wording is too uncertain for us to give our support. We proposed amendments specifically to incorporate the means of defence provided under section 429 of the criminal code to the new part proposed in the bill, but they were all rejected.

We support increased protection for animals, and we support creating a new part in the criminal code that would deal with animals. This would solve current problems relating to damages in cruelty cases, since animals are now considered to be “goods” under part XI. We also think that the penalties relating to voluntary acts of cruelty to animals should be increased.

I emphasize the fact that the Bloc Quebecois is in favour of increased protection for animals, but only if there is protection for legitimate activities involving animal husbandry, sport hunting and fishing, and research.

Stakeholders from the legitimate animal industry are worried and for good reason. The definition of “animal” in the bill is too broad and too vague. Moreover, the bill does not define the notion of killing an animal without any legitimate reason. The risks of legal proceedings exist and will have to be constantly monitored. Therefore, Bill C-15B could cause problems, including to animal breeders, to the sports hunting industry, to medical and scientific researchers, and to the whole animal industry.

The Bloc Quebecois tried to find a compromise for all the parties involved, but our amendments to that effect were all rejected in committee.

As regards the notion of pain, the Bloc Quebecois fears that the crown may not be able to prove which animals can feel pain other than by resorting to expert opinions, which would increase the costs involved in any proceedings. This also increases the risks that these proceedings may not be carried out fully due to a lack of means and resources. In fact, the crown may well have to meet twice the burden of proof in that it will be required to prove that the animal in question can feel pain, and that it did indeed feel pain.

We would like to clarify that we support increasing sentences, but during the testimony in committee we pointed out that the law enforcement and legal communities need the necessary resources to process complaints regarding cruelty to animals.

We believe that we need to raise awareness among police and legal authorities about this tragedy. We were stunned to learn that, according to police associations, there are no problems. In fact, their presentation on the bill dealt only with the provisions related to firearms.

Animal rights groups, in their presentations, told us that very few complaints lead to charges being laid, and that the number of charges resulting in penalties is virtually non-existent.

The fact that the means of defence is not included in the new part V1 could have the effect of depriving those who legitimately and legally kill animals or cause them pain from the protection currently afforded them under subsection 429(2) of the criminal code. It is therefore essential to reiterate these means of defence in the new part.

Section 429 of the criminal code stipulates that a legal justification or excuse and the colour of right are there to grant specific protection to whomever participates in a legitimate and legal activity.

Subsection 429(2) of the criminal code reads as follows:

  1. (2) No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.

The minister—the former minister, I should say—the Deputy Minister and the parliamentary secretary to the former minister of justice told us in committee that subsection 8(3) of the criminal code would apply, and this concerns us. This addition is not enough and is far from being complete. These same people told us that defences of legal justification or excuse, or colour of right are implicit in section 8. We have serious reservations about this.

I wish to remind the House that there is a principle of law which says that the legislator is not deemed to speak in vain. So why specify section 429 at a time when animals were goods, and not incorporate it in this bill? I find this omission very worrisome, and those representing breeders, the livestock industry, hunters and researchers are quite right to wonder about the legislator's real intentions.

Accordingly, if a general clause applies to the entire bill, we must obviously conclude that a specific clause applies only to a specific section of the bill.

Therefore, since the provisions of section 429 are not repeated in part V1 of the criminal code, it would be incorrect to believe that it also applied to another section of the criminal code. This is completely contrary to the principles of law and it is why it is essential that there be express provision for the means of defence identified so as to include them in the new part V1.

We can understand that the public is very attached to the moral principle of the protection and the well-being of animals, and many people are concerned about this issue and feel that animals should be better protected against criminal behaviour. The Bloc Quebecois agrees completely.

We therefore feel that it is essential that judges, crown attorneys and special officers of the Canadian Society for the Prevention of Cruelty to Animals should be given the authority to charge and fine those who commit acts of violence against animals.

Now, in another vein, we are also opposed to the provisions having to do with amendments to the Firearms Act. It is clear from the proposed amendments that the purpose of this bill is to take away a number of powers and responsibilities of the chief firearms officer, which now come under the jurisdiction of the government of Quebec.

The government of Quebec created the bodies responsible for issuing licences, the Bureau de traitement and the Centre d'appel du Québec. Now Bill C-15B is creating a new position, the firearms commissioner, which will have the effect of diminishing the powers currently under the responsibility of the chief firearms officer.

The proposed provisions are therefore taking powers delegated to Quebec and placing them back under federal government control. It seems that the primary objective of these new provisions is to privatize services relating to the registration and licensing of firearms, thus stripping Quebec of all its responsibilities.

In conclusion, we are opposed to Bill C-15B because it does not provide explicit and specific protection for the legitimate activities of animal husbandry, sport hunting or research, and because it takes away from Quebec the power to enforce the Firearms Act.

PrivilegeOral Question Period

March 19th, 2002 / 4:15 p.m.
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Canadian Alliance

Cheryl Gallant Canadian Alliance Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, the arrogance of the government, its track record of intimidation and ruthlessness are cause for concern. You must take these factors into consideration in your role as defender of the minority against the tyranny of this majority.

I will give you, Mr. Speaker, another example as to why you should not allow this matter to proceed.

I participated in three contempt charges against a minister at the Standing Committee on Procedure and House Affairs. Despite the testimony, the Liberal majority on the committee failed to take any action to curtail ministers from making a mockery of parliament and members of parliament. They did not invoke any consequences to the former minister of justice with respect to her briefing the media on Bill C-15 ahead of members and before the bill was tabled in the House. They let her off the hook entirely the second time when Bill C-36 was also leaked to the media.

It appears that the outcome of the question of privilege involving the minister of defence is heading in the same direction of a Liberal cover-up as a result of public comments made in advance of the Standing Committee and Procedure and House Affairs report to the House.

We have witnessed over the years the persuasive powers of the Prime Minister in directing the Liberal majority in the House. I cannot accept that the Prime Minister's parliamentary secretary has been permitted to pursue this question of privilege if the government were not concerned that the truth could become known to the Canadian people. This is obviously just an intimidation tactic.

My colleagues have already made the point that the use of words such as deliberately misleading outside the House, under these circumstances, is perfectly in order and does not amount to contempt. No statements contributed to me and my colleagues in any way tarnish the reputation of the minister of defence. Public debate has already passed comment on the competence of the minister.

The point I do want to make is the fact that there is a real attempt on behalf of the government members and the Prime Minister's deputy minister to intimidate opposition members. In this situation, the only protection afforded to us is your decision not to allow the Prime Minister's parliamentary secretary to move his motion because once the motion is moved, our fate is in the hands of the Liberal majority, which is controlled by the Prime Minister.

The Prime Minister is bent on defending his minister at all costs. His determination and ruthlessness in doing so has no bounds.

We had an example the other week, during the election of the chairman of the finance committee. The government whip was threatening opposition members and staff, as well as government members, to get the Prime Minister's choice for chairman elected.

It would be irresponsible to hand over to the majority Liberal government the fate of opposition members whose only crime is that we were being effective members of the opposition. That is what you are charged with protecting. In this scenario, that means you should sooner as opposed to later rule that this matter is not a prima facie question of privilege.

From a communications point of view, bringing this matter up in the way the parliamentary secretary has done, has been calculated as doing less damage than a positive finding in the committee. If the actions of the defence minister embarrasses the government, then why is it inviting more debate in the House? If it is worried about hearing the words deliberately misleading associated with the minister of defence, then I point out that because of this question of privilege I have heard those words again several times.

I looked at the Hansard from February 28, when the parliamentary secretary first brought up this matter. The words deliberately misleading were mentioned at least six times in the short debate on the question of privilege of that day. I would not be surprised if it is repeated a few more times before we complete today.

Maybe now the parliamentary secretary gets it. The issue is before parliament in a formal way, as a formal charge. Therefore, we can say the D word and the M word. We are not fooling anyone by not saying them. Everyone knows what the issue is.

Through you, Mr. Speaker, to the parliamentary secretary, I stand by my statement. I will not be intimidated. This I do to protect our democratic institution and the rights of all Canadians.

Business of the HouseThe Royal Assent

March 14th, 2002 / 3:05 p.m.
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Wascana Saskatchewan

Liberal

Ralph Goodale LiberalLeader of the Government in the House of Commons

Mr. Speaker, tomorrow, we will conclude the third reading stage of Bill C-49, the Budget Implementation Act, 2001.

Monday and Tuesday shall be allotted days.

Next Wednesday we will consider report stage of Bill C-15, certain amendments to the criminal code. On Thursday, March 21, I expect to return to report stage of Bill C-5, the species at risk legislation or perhaps other unfinished business. On Friday, March 23, we will again consider Bill C-50 respecting the WTO followed by Bill C-47, the excise tax amendments.

With respect to the specific legislation that the House leader for the official opposition has referred to I will pursue that matter with the solicitor general to determine what plans he may have.

Species at Risk ActGovernment Orders

February 26th, 2002 / 3:25 p.m.
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Canadian Alliance

Roy H. Bailey Canadian Alliance Souris—Moose Mountain, SK

Mr. Speaker, one casualty of a huge dimension accompanied this bill. That casualty will probably do more harm than the government can ever do by passing this legislation. I am talking about the casualty that was brought upon the committee that worked on the bill.

I volunteered to sit on the committee. Many people will say that members of parliament should never volunteer for anything because that always means a lot of work. However I volunteered to be on the committee because this bill will have huge ramifications where I live. I wanted to make sure that I could act in the best interests and seek the best solutions for my constituents.

The committee was chaired by an outstanding member of parliament. He is a very wise man and a man who has the respect of the entire committee. I also had the honour of working with my party's chief critic, the member for Red Deer. He knows the bill and knows what we are talking about. He has spoken many times in the House.

It was one of the few committees where I saw members on both sides working for the common good. Members worked to make sure the bill would be accepted by the government and the bill with our amendments would be welcomed and accepted across Canada.

It is true that some 127 very qualified witnesses appeared before the committee. We gave them our undivided attention. In their profession as scientists we listened carefully to their suggestions and drafted many of the amendments based on their attendance. There were some 300 amendments.

The casualty came after the break. There were all these outstanding people, from the chairman to the Parliamentary Secretary to the Minister of the Environment. People on both sides of the House just slumped down in their seats when they saw what happened. It was my hope, after all the committees I have sat on, that the valuable work of a committee would finally be realized. I really thought that for the first time I would see something produced in the nature of amendments that would fulfill the dream of Canadians from ocean to ocean to ocean. That did not take place.

It seems very strange that somehow the Minister of the Environment can put his hand in his hat and flick out $45 million as a cost for the operation of this bill. We have no idea where he got that number. There is no study. We presented no papers. He just said $45 million. The minister simply cannot do that and make it acceptable to the House.

The government has slashed our amendments and the bill as it is now is a total insult to the scientific community in Canada. The last time the scientific community was completely ignored in Canada was when the scientists told us that we were going too far and that we had better stop the reaping of the cod.

The politicians said they did not have to listen. They did their own business and the fishery on the east coast did its own.

Scientists made it clear that we cannot develop the bill with an open door policy. Having an open door policy on a bill of this magnitude is like having an open door to one's house. The heat and cold can come in. The pets can go out or the kids can come in. Anything can happen with an open door policy.

The government would want all of the power of the bill to remain in cabinet. It would ignore the scientists, witnesses and those who have studied habitat. It wants to take complete control. Scientists want to do science but the government wants to do it its way. These decisions should not be left to cabinet alone. There is too much proof in our history of what happens when cabinet alone makes decisions. We need to listen to scientists.

In committee we heard from various people who would be affected by the legislation, people in industry, people who own private property, aboriginal property, crown land, provincial and federal land. We now find in the bill that there would be some exemptions.

I live very close to the 49th parallel. I watch white tail deer go back and forth. They do not know whether they are in Canada or the United States. Rare species do not know when they arrive at the border. An animal does not know when it is moving from a protected area to a non-protected area.

The government has put restrictions based on racial groups within this bill. That simply will not work. Everyone in committee said that would not work so that was thrown out. The government came back with a better decision.

I do not know why the minister wants to have everything left up to him and cabinet, exclusive of the biologists and those who have studied habitat, especially after we have worked so hard on the bill in committee.

If the government had paid attention to the recommendations of the committee that studied this issue Canadians from coast to coast would be relieved of all the apprehension and all the worry they presently have with the bill. With the slashing of amendments people from coast to coast have more apprehension than ever. I know people in my area have more apprehension than ever.

If we put this bill with Bill C-15, the cruelty to animals bill, and the Kyoto agreement, we have more mistrust than we need.

A great bunch of people worked in committee. I say that in all honesty. The people I feel most sorry for are not those of us who sat in the opposition chairs in committee, but the fine chairman and the people on the government side of the House who watched their dreams and aspirations go down the drain. They put in hundreds of hours and listened to hundreds of witnesses. That should never happen in a democratic society.

Species at Risk ActGovernment Orders

February 21st, 2002 / 4:30 p.m.
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Canadian Alliance

Kevin Sorenson Canadian Alliance Crowfoot, AB

Mr. Speaker, before I begin speaking to the bill, I would like to mention that we heard the government time after time today ask why the opposition was putting forward so many speakers to the bill. Is it that there are that many farmers concerned? The question is not how many farmers are concerned but how many less farmers there will be if legislation like this is implemented. There is a huge outcry from farmers and all those involved in agriculture, but the big reason we put this many members up is that we see in Bill C-5 an intrusion into the rights of enjoyment of property. We see an intrusion into property rights as a whole. It is not only a pleasure to rise to speak to the bill but I believe it is my responsibility.

Although this legislation has been around for some time, I have anxiously been awaiting the opportunity to speak to the endangered species bill. The first opportunity I had to speak to the bill came earlier this week, on Monday afternoon, and now again I get the chance to register my constituents' complete opposition to the various provisions of this proposed legislation.

Last week while the House of Commons was in recess I had the opportunity to travel throughout my riding. I attended over 27 meetings. I met with police services boards, the RCMP, a number of town councils, chambers of commerce, learning and sexual assault centres, senior groups, military officers from the Wainwright Training Centre, a number of business persons and public and high school students.

At each one of these stops, particularly at the schools and the chambers of commerce, I provided an overview of what was happening in parliament. I gave a brief account of the anti-terrorism legislation that we put through last fall at breakneck speed, which all members of the House worked together to pass, a bill that responded to the threat of terrorism in our country. I also explained my role to them as a member of parliament, my role as their federal representative and how, whenever and wherever possible, I represented their views, the views of the farmers, those involved in agriculture, those living in Crowfoot and those living here in Ottawa. I used both Bill C-5 and Bill C-15B to exemplify my point and to show how, with certain pieces of federal legislation, the opinions of my constituents vary greatly with the opinions of the government and of the government members' constituents, particularly, I may add, those members who represent urban areas.

Time and again we have witnessed legislation that has been brought forward in the House that has pitted rural Canadians against urban Canadians. This is particularly true with Bill C-5.

Farmers and ranchers represent the rural population in Canada. When I consider the riding of Crowfoot and I think of the huge number of farmers and ranchers who live in Crowfoot and those who are retiring to other communities, they certainly represent the majority of my riding. Ranchers and farmers in Crowfoot farm on average perhaps 1,500 to 2,000 acres of land. Many ranches are 5,000 acres of land or larger. Some farms are smaller. Some have 160 acres and some have 320 acres.

I own a small business and I also own a farm. I am the fourth generation on that farm. I say this to make it very clear in this place that the people of Crowfoot respect the land. They are good stewards of the land. They all have been extremely proud landowners for generations and have looked after their land.

Under the proposed legislation that is before us today, the proud landowners of Crowfoot and other places in western Canada could lose their land if bureaucrats, who are far removed from the situation and from the prairies, designate it as a critical habitat for an endangered species. Nothing in the bill compels Ottawa to fully compensate landowners at fair market value for the loss of their property.

I cannot begin to explain to members of the House who do not represent rural ridings the devastation that has been experienced in farming over the last few years. Parts of my riding of Crowfoot such as Castor, Hanna, Oyen, Consort, Coronation, and Provost to a certain degree, have never been drier than they are right now because they have been affected by the drought. As I travelled through my riding last week, one farmer said to me that if the drought does not finish him off this year the grasshoppers will. This is a very serious problem in Crowfoot.

Farmers do not need made in Ottawa laws such as Bill C-5 to drive them any further into the ground. Many of my constituents are struggling to survive. They are struggling to keep their farms viable so they do not lose their land. Any part of the land, any loss, any number of acres that might be taken out of production can completely drive them under and make their farming unprofitable.

As their representative, I am not willing to stand back. I will not stand by complacently and watch the demise of the family farm in this country happen any faster than it is already. I will do everything in my power to see that farmers of Crowfoot, of Alberta and of all of western Canada survive, and that means voting against the bill in its present form. That means taking a look at bills like Bill C-15B, the cruelty to animals bill. That means looking at other bills that come into this place from the perspective of their effect on the riding of Crowfoot. How will they affect Camrose, Wainwright and other centres and the individuals living there?

As stated earlier, there have been far too many instances where this Liberal government has brought in legislation that pits rural Canadians against urban Canadians. This was particularly evident with Bill C-68, the firearms legislation.

Last week when I explained Bill C-5 to students and explained the fact that their parents could have land confiscated or taken out of production without adequate compensation, for many it was reminiscent of 1995 when the government first introduced the firearms legislation banning a number of commonly owned guns and requiring registration of all long guns in Canada for the very first time.

A senior justice official once said to the committee reviewing previous firearms legislation:

A look at the history of gun control in Canada shows that it developed through several stages in relation--

Species at Risk ActGovernment Orders

February 18th, 2002 / 4:25 p.m.
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Bloc

Robert Lanctôt Bloc Châteauguay, QC

Mr. Speaker, I rise today to speak on Bill C-5. As was the case with Bill C-15B on animal cruelty, the Bloc Quebecois is of the opinion that protection of our wild species is essential.

That protection must not, however, be done just any old way, nor used as a band aid solution. We need concrete measures to ensure that there is additional protection and that it is workable. We need to seek to really enhance the protection of our ecosystems and endangered species.

I could have been really committed to such a bill, because of the unique and endangered ecosystems in my riding. I am aware of the need to find a concrete and workable solution.

We believe, however, that it is possible to create standards with a view to improving and enhancing the status of endangered species and ecosystems while at the same time respecting Quebec's areas of jurisdiction and avoiding needless interference.

As was the case with Bill C-10, we see that there is a proposal to establish additional authorities, thus duplicating what is already in place. Why do so, if not to do away with the possibility of a partnership between the federal government and Quebec?

It seems to us that it would be wiser and more appropriate to direct resources properly toward programs which already are meeting the needs. It strikes us as totally pointless to waste money creating something that already exists and is working, rather than consolidating what is already in place with some tangible and real resources.

The Bloc Quebecois believes that it is essential to point out again that these duplications are not only pointless, but also harmful in that they are perpetuating and increasing the delay, and that is precisely what we do not have: time.

The Bloc Quebecois can see that the environment is one area in which there is a shared jurisdiction between the federal government and the government of Quebec. The federal government must not, however, take advantage of this pseudo-authorization to usurp powers that do not belong to it. That is exactly what the minister responsible for implementing this bill is trying to do. This we cannot accept. This approach is both inconceivable and unacceptable.

This kind of intrusion means administrative duplication, which inevitably results in a very cumbersome bureaucracy that quickly becomes outdated. Such bureaucracy adds nothing to the objectives of the bill in terms of protection, which include, as stated in the preamble, respecting our commitments under the United Nations convention on the conservation of biological diversity, setting priorities and recognizing everyone's role in the conservation of wildlife. But it is only in the last part of the preamble that the word protection is mentioned for the first time. We see a lack of consistency and a lack of vision on that issue.

I find it unfortunate that, on such a sensitive issue, the federal government would choose to serve its own interest instead of those it purports to serve. Of course, it talks about shared jurisdiction but this so-called sharing is more of a one-way street, which is not desirable or beneficial to anyone.

Sharing necessarily implies some form of dialogue, interaction or at least discussion between the parties. However, such is not the case under this bill. In fact, one might think that with this bill the minister is trying to give himself broader decision making powers at the expense of the provinces. What kind of expertise can the minister have that would justify such powers?

I fail to see any sharing in this bill, just interference. The minister is using this bill to give himself considerable discretionary powers without showing any respect for the constitutional division of powers and responsibilities.

Interfering in Quebec's jurisdictions will not help protect species at risk. How else are we expected to react when Quebec's legislation in this area is totally ignored? I think that true sharing would require that Quebec's relevant legislative provisions be taken into account, but that is not the purpose of this bill.

The Bloc Quebecois believes that consultations would have been desirable and beneficial for everyone, but once again, the federal government would rather ignore the established facts and lists, do as it pleases and attempt yet again to centralize powers.

We support measures to provide sufficient protection for species at risk, but we cannot support this bill which denies Quebec and the provinces their unique responsibilities for managing wildlife.

We believe that we must act quickly to protect species at risk, but the federal government will not succeed by appropriating powers unduly. We believe that an active and productive dialogue between the federal government and Quebec is necessary to try to find an appropriate solution to this urgent situation. We will not give blind consent just because they have proposed legislation on the issue. This bill must meet the needs of the situation.

Given that reference is made in the preamble to national identity, I have to wonder how the bill is appropriate. I see it as an attempt by the minister to appropriate powers, thereby breaching the division of powers as defined in the constitution.

I hope and wish for concrete measures to be implemented to protect species at risk, but before I give my support, the objectives need to be clearly identified and prioritized. This is not what I see in Bill C-5.

I will wait for a bill that respects jurisdictions and contains an objective to preserve before giving my support. Because of the disrespectful wording and the underhanded objectives of Bill C-5, I cannot give it my support.

It is clear that the primary purpose of this bill is political. The first line of the preamble equates Canada's natural heritage and our national identity. Yet, natural heritage existed well before we arrived and will be there long after we are gone.

Criminal CodePrivate Members' Business

February 6th, 2002 / 6 p.m.
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Kitchener Centre Ontario

Liberal

Karen Redman LiberalParliamentary Secretary to the Minister of the Environment

Madam Speaker, Bill C-408 addresses an important issue for many Canadians. It proposes to eliminate the term “illegitimate” in two federal statutes, the criminal code and the Cree-Naskapi (of Quebec) Act.

Before I turn to an examination of the bill, I would first like to commend the hon. member for his dedication and his commitment to the eradication of this antiquated concept and language from federal law. He has continued to bring this important issue before the House in a number of private member's bills over the passage of several years. His hard work and his personal commitment to the belief that all Canadian children deserve the same protection under law and to be treated with the same dignity by the law is very much appreciated by Canadians.

I know I share the view of many in the House in thanking him for his role and his contribution. Children should be included in and protected by our laws without regard to the relationship of their parents. It is the responsibility of government to ensure that the concept of illegitimacy no longer exists in any federal law.

The issue is not new to the House. The Modernization of Benefits and Obligations Act, that was enacted by parliament in June 2000, accomplished several goals, one of which was removing the last remaining references to illegitimacy in seven federal statutes, including the second statute proposed for amendment in Bill C-408. These amendments specifically address the concerns of the hon. member and that he had previously brought before the House.

Let me point out that these amendments in the Modernization of Benefits and Obligations Act to remove references to illegitimacy do not actually change the substance of the law. The seven statutes included all children. The references to illegitimate children that have now been removed were actually the earlier attempts of the House to ensure that children born to unmarried parents were included in eligibility for benefits.

Until recently, if a specific statute referred to the child of a person, some doubt existed in law about whether this referred only to children born to married parents. In order to make it clear that the law was intended to include all children, the acts were amended many years ago to specify that a child meant both legitimate and illegitimate children but this was in an effort to be inclusive in providing benefits.

More recently, with new international commitments and changes in our law, these specific references are no longer legally necessary. It is now clear in law that a reference to a child of a person would include any child, whether the parents were married or unmarried. Clearly the goal of this government is similar to that of governments that passed those earlier amendments; that is, all children, regardless of the relationship of their parents, deserve the same protection and treatment under the law. I have no doubt that all members support this worthy goal.

With more modern law, we can now remove the references in our statutes to the concept of illegitimacy without risking some children being left out of legal protections. Removing these references will help in turn to eradicating any discrimination or differentiation in the treatment for children.

The Government of Canada continues to emphasize the importance of families and of supporting families as set out in the Speech from the Throne last year. The government means that all families with children are important--married couples, common law couples and lone parents--so that no Canadian children will be stigmatized by something so clearly not within their control.

Bill C-408 supports the work accomplished in the Modernization of Benefits and Obligations Act. The first provision of the bill proposes an amendment to the criminal code to change the definition of child to remove the reference to an illegitimate child. This amendment addresses a definition which was repealed by Bill C-15A and was passed by the House last fall.

The second provision of Bill C-408 would bring the amendment made in the Modernization of Benefits and Obligations Act to the Cree-Naskapi (of Quebec) Act into force as of December 31, 2001. The reference in the statute to legitimate and illegitimate descendants in the definition of the “Inuk of Fort George” or the “Inuit of Fort George” was removed.

It is true that it has not yet been brought into force. However this is for a good reason. The Cree-Naskapi (of Quebec) Act is a federal statute based on negotiated agreements: the James Bay and northern Quebec agreement and the northeastern Quebec agreement. Therefore the amendments to this act must be discussed with the Cree, the Naskapi and the Inuit prior to being brought into force. These discussions were raised at both the House standing committee and the committee of the Senate during the passage of the modernization act.

I understand from officials of my colleague, the hon. Minister of Indian Affairs and Northern Development, that consultations with the Inuit are underway. It is hoped that some agreement is possible through that process, following which the amendment would be brought into force. However it is clear I am sure to members of the House that bringing this provision into force at this time might jeopardize that ongoing process.

Although the reference to legitimate and illegitimate may unfortunately remain in one statute for a short while longer, the effect on the children covered by the Cree-Naskapi (of Quebec) Act would not change; that is, they would continue to be included.

In closing let me emphasize that the government believes that there is no longer any place in federal legislation for the use of language such as “illegitimate” or “children born out of wedlock”, with two small exceptions, one of which is currently under consideration by the Senate in Bill C-15A, federal law no longer distinguishes between children on that basis, and this last remaining stigma of another era will finally be gone.

The intention of this bill is laudable and the government will be acting to implement its intent.

Criminal CodePrivate Members' Business

February 6th, 2002 / 5:40 p.m.
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Liberal

Mac Harb Liberal Ottawa Centre, ON

Madam Speaker, I was planning to go with a long speech on this important subject, but since the bill has been on the order paper I have been given every necessary assurance by the government to move forward with the content of the bill.

The government is known, not only here in North America but around the world, as a leader for its progressive agenda on the issue of children. As a signator to the United Nations Convention on the Rights of the Child the government has taken a tremendous amount of action to fulfill its commitment.

Bill C-408 falls within the UN Convention on the Rights of the Child. There is legislation before the other House, Bill C-15A, which will be dealt with tomorrow on a clause by clause basis. Under the leadership of the government the legislation would remove all references to the word illegitimate when it comes to children. This would be a victory not only for the House but for all children across the country.

A second component of the bill would affect native children. I have been given assurances that the government is in the process of negotiating with the native community. I am confident that at the end of negotiations the second part of the bill will be dealt with positively and expeditiously.

I am delighted with the government's leadership. It has not only listened but taken action. It cares about the children of Canada and of the world.

SupplyGovernment Orders

February 5th, 2002 / 4:25 p.m.
See context

Canadian Alliance

Carol Skelton Canadian Alliance Saskatoon—Rosetown—Biggar, SK

Madam Speaker, I am pleased to rise today to speak to the Canadian Alliance supply day motion. The motion is in response to the government failing to establish a national sex offender registry.

In a motion adopted by the House in March 2001, the deadline for the introduction of the registry was January 30. That day has now passed with no action on the part of the government.

Canada is quickly becoming a haven for sex offenders. A B.C. court ruled that child pornography was okay. The logic behind that decision eludes me. How can it be okay for our children to be violated in such a manner? How is it okay to allow adults to use, abuse and endanger our children?

It was the Standing Committee on Justice and Human Rights that put forward the motion for the registry. How is justice served by ignoring the recommendations of the committee? How is justice served by allowing our children to face horrific circumstances perpetrated by adults? How are the human rights of our children being protected by ignoring their plight?

Unwilling to wait for the federal government to do something about the safety of children, the Ontario government initiated its own updated and more advanced sex offender registry. This is surely a source of comfort for the parents in that province. I applaud the Ontario government for its forethought and action in this matter.

Why does the federal government continue to drag its feet on this matter? Are the children in other parts of the country not important? Does it believe that if it ignores the issue the rest of the provinces will follow Ontario's lead and initiate their own registries?

Is it not the responsibility of the government to look after the welfare of all children in Canada? Once sex offenders move out of Ontario, tracking them is left to the Canadian Police Information Centre, or CPIC, a system that is not effective. A national registry is needed in order to track the whereabouts of these offenders.

The solicitor general touts the performance of the CPIC system as being all that Canadians need. That system cannot provide jurisdictional searches, radius searches or searches by physical descriptors. It also does not have the ability to include photographs.

Also lacking in the current system is the legislation necessary to force offenders to register and keep their information current. Pedophiles are given great opportunities to abuse our children in Canada. They are legally allowed to engage in sexual activity with a consenting 14 year old. The sexual age of consent in Canada is 14 years of age. Fourteen year old children--and at 14 they are just children--are legally allowed to make crucial decisions concerning their sexual activities. Children of that age possess neither the maturity nor the life experience to make such critical decisions.

The former minister of justice was approached in connection to raising the age of sexual consent. It currently stands at 14 years of age. The government has refused to act to protect our children.

It is a pedophile's dream to be in a country that legally allows sexual activity with children as young as 14. Due to their lack of maturity and experience, these children are easy prey. It is much easier to induce and persuade them to commit acts that are not in their best interests than it would be with a person who is older.

Parents are helpless against these persuasions and inducements. Police associations and family and social agencies agree that the age of consent must be raised. Parents who are actively trying to get their children off the streets and away from pedophiles, pimps and others are offered no help from the justice system. If the child is 14, he or she is allowed to make these decisions. Law enforcement agencies and other departments are unable to help the parents save their children.

A 14 year old is entitled under the laws of Canada to make these unhealthy decisions. A 40 year old man is legally allowed to live with a 14 year old girl. Parents and law enforcement and social agencies are helpless to intervene. While the age of consent is 14, pedophiles and other deviants are able to legally engage in sexual activity with our children.

Early sexual activity in children often leads to increased promiscuity, teenage pregnancy, higher rates of sexually transmitted disease, a tendency to drop out of school, and an increased chance of deviant behaviour later in life. There is a marked increase in the rate of HIV infection among young heterosexual girls in our country.

Early sexual activity and abuse inflicted by older partners leads to increased emotional and social problems in children. Our children should be given every opportunity to have happy, healthy, normal lives. It is not sufficient to have band aid solutions to the problem. We put money into programs to keep kids in school and numerous other social programs. Why do we not give kids a chance by fixing a law that has their best interests in mind?

The attempt to protect our children by way of Bill C-15 as it pertains to the luring of children over the Internet is a start. However with the current age of sexual consent at 14 the new law would only apply to children 13 years of age and younger.

An entire age group of children is being ignored in Canada. At 18 one is an adult and, in the majority of cases, fully capable of making serious decisions about one's actions and future. Those 13 years of age and younger are protected under the law. However the age group of 14 to 17 is offered no protection. This is sending a dangerous message to pedophiles and deviants. I am disgusted to think our country has become a destination of choice for men and women who seek out younger children.

While the government continues to ignore the plight of children 14 years of age and older it is also doing a great disservice to those who are 13 and younger. While these children are protected from pedophiles and abusers under the law they are not fully protected due to limitations on law enforcement agencies to adequately track the movement of pedophiles. Law enforcement agencies are limited due to the government's inaction in implementing an effective sex offender registry.

It has been said time and again that children are our future. We in our party believe that. However the government seems comfortable in the knowledge that it is depriving many of our children from having a future. Children are forced into sexual slavery every day by child molesters, pedophiles and pimps. They are legally allowed to do so under Canadian law at the moment.

Our children deserve the best protection we are able to provide. By doing nothing we send a message that they are not important. The government must act immediately to implement a working, viable sex offender registry. Let us give our children the future they deserve.

SupplyGovernment Orders

February 5th, 2002 / 1:40 p.m.
See context

Liberal

John Maloney Liberal Erie—Lincoln, ON

Madam Speaker, I welcome the opportunity to speak to the motion of the hon. member for Langley--Abbotsford on behalf of my colleague, the Minister of Justice.

We on this side of the House are unequivocal in our support for any feasible measure that will effectively protect our children, indeed all of our citizens, from sexual predators. At the same time, however, I would urge all members to exercise caution and not jump at any measure that promises a quick fix, that claims to be a cure-all for this most pressing problem. I fear that a temptation in the specific area of sex offender registries is to leap first and look later. That appears to have happened all too often in some jurisdictions that have gone before us.

In fact this morning in the justice committee the hon. member for Prince Albert commented that often we are too quick to pass laws, to push a button that makes us feel good, but we are weak in evaluating and monitoring. Now the opposition wishes to charge forward on this issue. It seems to pick whatever process best suits its political purposes. What hypocrisy.

For example, over the last decade, the number of registries of sex offenders has jumped from a few isolated ones to registries in the 50 American states, in the United Kingdom, in Scotland, Ireland and even recently in Canada, in the provinces of Ontario and British Columbia.

Given the implementation of these registries, one might easily assume that these registries stop sex offenders in their tracks. With all of these registries by now, one might assume there are all kinds of studies that empirically support such claims. Imagine my surprise when I found out that not one single study has been published that empirically concludes that sex offender registries reduce reoffending rates. Imagine my surprise when I found out that in many jurisdictions quite the opposite has happened.

For example, in the majority of states in America that have implemented a sex offender registry, anyone, even those of us sitting at home in Canada, can log on to the Internet and see pictures and addresses of every known sex offender living in that state. In many cases their pictures will be available like that for the rest of their lives. Has that active publication of personal information reduced sex crimes? Apparently not.

Here in Canada where sex offender registries have yet to have any impact on available data, the incidence of violent sexual offences per capita has been steadily dropping over the past few years. This is not the case however in most U.S. jurisdictions that publish the names of sex offenders over the Internet. At the same time these states have all experienced atrocious acts of vigilantism against these offenders. While some may say “Very good, they deserve it”, I and the government could never condone any such system that invited retaliation.

The question is, why would anyone pass a sex offender registry law that to date seems to have had so little positive effect? All too often these policies are drafted in haste, in a crisis situation born of desperation. All too often we have seen an isolated tragedy involving a sex offender and a child which causes an immediate legislative call to arms. In their haste, as has often been the case in this highly emotional issue, legislators fail to understand all the consequences of their emotionally drafted bills.

In almost every single case where a legislative body has passed a sex offender registry bill, the same scenario was played out: a painful and highly publicized case of kidnapping and murder of a child, followed by community outrage, calls for action and passionate speeches calling for new and better tools to combat this problem. Were the resulting registries always the best tools for the job? Was careful analysis of sex offender traits and trends used to model and shape a policy designed to reduce reoffending? Were legislators solely dedicated to finding the right policies? Or were there other factors at play, factors such as revenge, blame and politics?

How well did the resulting registries work? Did sex offenders all stop offending? The data suggests otherwise. For example, in one of the most comprehensive recidivist studies ever undertaken, a recent study by the National Center on Institutions and Alternatives looked at over 45,000 historical sex offenders in the United States and concluded that 87% of these convicted offenders do not commit another sex offence after release. This rate is substantially better than that observed for other forms of property and violent crimes. Yet sex offender registries typically target 100% of convicted offenders regardless of their determined threat or likelihood of recidivism based on a personal profile. In most cases all of these offenders are required to register for the rest of their lives.

Instead of focusing its efforts on, for example, the 13% who are likely to reoffend, police forces in the states that have sex offender registries must spend their resources on monitoring 100% of all convicted sex offenders, over 200,000 of them to date in the United States, regardless of their likelihood of reoffending. Most criminology experts argue that the registry concept is incredibly inefficient.

Many of the American registries are facing a new threat from their state and federal supreme courts where rights based challenges against lifelong mandatory registration requirements are starting to proceed through the appeals process. The news is not great. Many states, including Massachusetts, New York and New Jersey, have had their respective registries struck down in whole or in part as a result of clashes with state constitutional rights, few of which are as stringent as the Canadian Charter of Rights and Freedoms. Certainly there are lessons to be learned from these experiences.

When the United Kingdom drafted its sex offender registry and forced Ray Whiting to register for his sex offence related murder of Jason Swift, how did it happen that after his statutory release for that crime he managed to rape and murder yet another victim, young Sarah Payne? Why did the local police admit that the U.K. sex offender registry, as it existed, was of little use in monitoring the offender, or in preventing the subsequent crime, or in treating the offender, or in investigating and apprehending that offender?

Why did subsequent inquiries conclude that toughening the existing sex offender registry would have had little impact in preventing cases like the Sarah Payne tragedy? Why was it that most experts concluded that Whiting's failure to receive therapy and assistance in integrating into the community was the chief factor that caused this tragedy? Why did the U.K. government introduce in the following year a new sex offender registry law?

What then do we make of sex offender registries? Are they perfect? Certainly not. Are we intent on repeating these types of mistakes? Hopefully not. Can we learn from the experience of others? I sincerely hope so.

The motion before us today is an example of the desire to sprint ahead without having examined all the pitfalls that may lay ahead. The implication of this motion is that the government is doing nothing while our children remain in danger. Nothing could be further from the truth.

I would like to note the solicitor general's efforts to date on this matter. The solicitor general rose in the House last March and stated emphatically that he supported the motion by the member for Langley--Abbotsford, as did all members present, because this nation already possessed one of the most technologically advanced criminal registries in the world, the Canadian Police Information Centre. We know it as CPIC. Further, he told the House that his department would begin evaluating potential improvements to CPIC in the specific areas of sex offences, citing the criticism that CPIC was not address searchable by police officers.

In a very short period of time he fulfilled that commitment when he announced on September 11 last year that a new database within the CPIC system was to be created: the sex offender category. Further, he announced that the database would be address searchable and would be up and running within a year, funded completely by the federal government.

That is not all the government has done in recent years to combat the dangers of sexual predators. In 1997 we proclaimed Bill C-55 which strengthened the dangerous offender rules in part XXIV of the criminal code and also created a new sentencing provision called long term offender.

As a result of these changes, prosecutors in almost every province are aggressively pursuing dangerous offender and long term offender designations. In fact, since 1997 the number of successful dangerous offender applications has doubled each year.

The 1997 legislative package also created a new category called the long term offender. It targeted individuals who were clearly a threat but who would not meet the threshold as a dangerous offender. This new designation recognized that released sex offenders who received supervision and treatment in the community experienced dramatically lower recidivist rates than offenders who were released at warrant expiry without conditions for supervision or treatment.

In addition to their custodial period, long term offenders can be sentenced to up to 10 years of community supervision and conditions following the termination of their custodial period. This innovative measure has already resulted in over 100 successful long term offender applications.

The government also recognized that there were new emerging areas of sex crimes that needed to be targeted specifically. In 1997 and later in 1999, parliament passed important measures to protect children from being drawn into the sex trade. A new offence of aggravated procuring was created, with a minimum five year sentence, to deal with those who use violence against a child and force that child into prostitution related activity. Special protections were instituted to make it easier for children to testify in court against pimps.

Bill C-15A, which is now before the House, contains new provisions that would make it an offence to lure minors over the Internet for the purpose of committing a sexual offence. However, none of these initiatives happened overnight.

While I agree with my colleagues that this is an urgent problem, cobbling together a mandatory sex offender registry without looking at all the issues, all the details and all the facts will not result in good legislation.

Instead, the solicitor general has taken a different approach. He has asked his officials to work with all the provinces and territories to fully explore the issue, to determine what is and what is not feasible in the Canadian context, to determine what works and what does not, and to find out where some jurisdictions have succeeded and where others have failed. I fully support this approach and this side of the House fully supports this approach. It is obvious to me that the provinces also support this approach. Why else would they be participating fully in the federal-provincial-territorial working group on high risk offenders currently seized with this matter?

Canadians must abide by many rules, many laws and many conventions that are uniquely Canadian. The division of powers between federal and provincial governments is quite different from that found in, for example, the United States or the conventions and laws of the unitary styled United Kingdom. We have a constitution, including a charter of rights, that is unique and, while similar, is different from the American bill of rights. Any proposed national sex offender registry can only be successful if it is designed and drafted within this unique Canadian context.

It is for those specific reasons that there are high level discussions taking place among the federal, provincial and territorial officials on what kind of registry system would be workable in the very unique Canadian context. From the issue of charter and privacy challenges, to how information could be transferred from jurisdiction to jurisdiction and from computer system to computer system, to whether non-compliance should be a criminal code offence, there are many choices and the solicitor general is looking for a consensus among our partners before proceeding further.

That approach makes sense. If we are going to have a registry, we should have one that works, that is efficient and affordable, that will recognize the impact of the charter of rights and freedoms, that is not in breach of federal or provincial privacy laws, that local police agencies will have the ability and resources to administer, one for which all provinces and territories from coast to coast to coast can agree on a consistent approach, and one that will not drive convicted sex offenders underground with changed identities and no hope of rehabilitation.

In closing, I must decline to support the motion, not because I do not wish to protect our children from sex offenders, because I do, but because I insist that my government does more than just pretend to protect our children from sex offenders. I will not support any measure that is not properly understood, not completely explored and does not receive full scrutiny at every level.

No measure within the criminal justice system exists in a vacuum, sex offender registries included. The task of preventing recidivism by sex offenders needs an effective, multi-faceted approach, from investigation to capture, from charge to prosecution, from sentence to release and, finally, from community supervision and treatment to rehabilitation.

A sex offender registry, in whatever form it ultimately may take, is just one piece of this very big puzzle. It will be no panacea, but if we do it right and do it carefully maybe it can work. If we are careful it will not be a strain on police resources, it will not drive violent sexual predators underground and it will not bring a flood of charter challenges.

I urge my colleagues on all sides of the House to give our federal-provincial-territorial officials a chance to do their work, to reach a consensus and to evaluate the options. At that time we will be in a much better position to know where we should be headed, what legislation to support and how best to make our children safe.

Let us take the necessary time to study the issue carefully and positively. Let is take the necessary measures to enact effective strategies that will protect our children and indeed to protect all Canadians.

PetitionsRoutine Proceedings

December 14th, 2001 / 12:05 p.m.
See context

Liberal

Peter Adams Liberal Peterborough, ON

Mr. Speaker, I rise to present a petition from the citizens of the Peterborough area who support Bill C-15B, the cruelty to animals legislation.

The petitioners have been stimulated by several highly publicized examples of animal abuse. They point out that workers such as veterinarians, humane societies and others are becoming frustrated in the daily duties they are required to perform. The petitioners believe Bill C-15B would allow much more significant consequences to apply to those who abuse or neglect animals.

These citizens call on parliament to expedite Bill C-15B. Like me, they regret that the opposition has delayed proceedings today so we will not receive it before Christmas.

Bill C-15AStatements By Members

December 14th, 2001 / 11:05 a.m.
See context

Canadian Alliance

Chuck Cadman Canadian Alliance Surrey North, BC

Mr. Speaker, here is one more reason parliament must show some leadership on the issue of home invasions. A woman who took part in an extremely violent home invasion in 1998 was given a conditional sentence of two years less a day for her part. As everyone knows by now, this means serving a sentence at home.

Sandra Rickovic and two others tied up and pistol whipped jeweller Jitendra Goldsmith and his wife. Their two young children were locked in a basement room at gunpoint while the grandmother escaped out a back door with a seven month old baby. Goldsmith, who operated a home business in Vancouver, lost nearly $400,000 in the robbery and was not insured.

Another of the home invaders, David Anthony Labadie, was convicted of break and enter, robbery, wearing a mask, using an imitation handgun, unlawful confinement and assault causing bodily harm. For his efforts he received a paltry seven years while the crown wanted fourteen.

In Bill C-15A parliament made home invasion an aggravating factor for sentencing. I supported that. If this is any indication of what we can expect from the courts there will be no alternative but to legislate mandatory minimum sentences for these vicious crimes.

Nuclear Fuel Waste ActGovernment Orders

December 14th, 2001 / 10:55 a.m.
See context

Liberal

Peter Adams Liberal Peterborough, ON

Mr. Speaker, I have been following with great interest the debate on Bill C-27, the nuclear fuel waste act. It is important legislation for the whole country, but I regret it has been drawn out to the point that we will not reach Bill C-15B, the cruelty to animals legislation, before Christmas.

The hon. member and his colleagues are obviously interested in and well informed on this issue. They have been talking about nuclear power and nuclear fission. One of the solutions to the waste problem, and in the long run to the problems that face our nuclear power industry, is nuclear fusion, not fission.

Where do the hon. member and his colleagues and perhaps Quebec Hydro stand on the ITER project? It is a proposal that has been discussed for three years. It would bring scientists from Japan, the European Union, the United States and elsewhere to Canada to participate in a sophisticated international study of nuclear fusion for many years. What do the member and his colleagues think of that as a solution to the nuclear waste problem?

Business of the HouseOral Question Period

December 13th, 2001 / 3:10 p.m.
See context

Glengarry—Prescott—Russell Ontario

Liberal

Don Boudria LiberalMinister of State and Leader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue with the third reading debate on Bill C-27, the nuclear safety bill.

Then we will proceed to the consideration of Bill C-15B, the criminal code amendments, at report stage, followed by the third reading debate on Bill C-43, the technical amendments bill. Consideration of these bills will continue tomorrow.

For next week, which of course commences on January 28, we will resume the budget debate and we will proceed, as quickly as possible after the budget debate concludes, to the legislation emanating from the budget, in other words, the budget implementation bill or bills.

I want to take this opportunity to thank all hon. members and, in particular, the House leaders of various political parties, including those who have gone on to bigger and better things, for their continued co-operation during the entire year 200. They have made this year a productive legislative year. As a matter of fact it has been the most productive year in the five years that I have been House leader. It has been a banner year. I thank all hon. members for making it possible for the House, this parliament and this government to legislate in such an effective way on behalf of Canadians.

An act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms ActGovernment Orders

December 6th, 2001 / 5:15 p.m.
See context

Canadian Alliance

Kevin Sorenson Canadian Alliance Crowfoot, AB

Madam Speaker, I have already had the opportunity to speak to Bill C-15, Bill C-15A and Bill C-15B. I was not expecting to speak to the bill, but the lack of speakers from other parties has allowed me the opportunity. That is not an attack on any other party. I appreciate the opportunity to recollect some of the concerns that the bill brings forward.

When Bill C-15 initially came forward we were disturbed by what we saw. We saw an omnibus bill that brought in many good things, but there were a number of specifics that were worrisome to the Canadian Alliance as well as to other members of the opposition.

We applaud the government for splitting the bill after pressure from the opposition. It allowed for quicker passage of Bill C-15A which dealt with child luring, disarming of a police officer and other items. It allowed us the opportunity to take the second portion of Bill C-15, study it and bring witnesses forward so that we could deal with the concerns regarding the cruelty to animal clause and the firearms issue. That is exactly what happened over the last month.

It has been a busy three months since September 11. When we have not been dealing with terrorism bills in the justice committee, we have been dealing with the cruelty to animal clause.

For us to stand in the House to explain the frustration in the agricultural sector over the last few years, it would be an understatement no matter what we tried to say. We have watched as commodity prices have fallen and input costs have gone up. Other government practices have been ineffective. Many of the agriculture programs that we would have liked to have seen from the government have been forgotten, put on the back burner or totally ignored. Due to the lack of government support there have been steps taken by the federal Liberals that would actually raise additional concerns for our farming community and food production groups.

What we see in Bill C-15B is exactly one of the concerns. This is a bill that is very divisive. It pits urban against rural. It is much like Bill C-68, the gun registration bill, which was a divisive bill. The Liberal government said we needed Bill C-68, but it pitted the urban sector against the rural sector.

Legislation dealing with cruelty to animals does the same. The agriculture sector in western Canada would say to those who are involved in defined cruelty to animal cases that there should be tougher and harsher sentences. Cruelty to animals charges should be taken seriously. Agriculture would say those who willfully bring pain on animals or refuse to look after animals need to be prosecuted.

The bill takes some of the practices that our ranching and farming communities are involved in and puts them into question. Regardless of what the minister said about acceptable practices when she came to committee, animal extremist groups and other animal rights groups have said that we need to use the legislation as a basis to bring forward prosecutions. We need to push the legislation on to the front burner and use it as a reason to prosecute.

One individual who spoke in committee referred to the legislation as only the beginning. She said the onus was on humane societies and other groups on the frontlines to push the legislation to the limit, to test the parameters of the law, and to have the courage and the conviction to lay charges. She warned us not to make any mistake about it because that was what it was all about.

What was she saying? She was saying that in Bill C-15B we have the opportunity to take the legislation that was asked for and make it a springboard for prosecutions of our farmers, ranchers, trappers, including aboriginals and all others it would affect.

I have been on the farm for 40 years. I understand a number of things about farming. One of the concerns that has been brought forward so eloquently by the member for Cypress Hills--Grasslands is that the margins are simply not there to be brought and hauled before a federal or provincial court to fight a prosecution for the sake of the humane society getting it on the agenda. Farmers and ranchers move back in fear of having to defend common practices of farming.

The government says to trust it. It has said that a few times. It said that Bill C-68 would cost $85 million. We find our trust level around the Liberal government diminishing as time goes on because Bill C-68 has cost $685 million. Who knows where it will end? Perhaps it will be at least $1 billion.

I want to mention that we have seen other bills come forward too. We have seen the species at risk bill. The phone in my constituency office in Crowfoot rings constantly. I have received hundreds of letters dealing with the species at risk bill. The government is saying that to keep these species it needs to take farmland or any type of land and protect it. It says that there would not be any compensation, or maybe a little compensation, but to trust it because it would not take huge numbers of acres; just what it needed.

The calls keep coming. We have received numerous calls and correspondences from individuals who have grave concerns about how this would impact on their livelihood and on legitimate activities.

The moving of these sections from the property section into a separate section in the criminal code is something which causes great concern. For example, section 445 deals with wilfully and without lawful excuse killing, maiming, wounding, poisoning or injuring dogs, birds or animals that are not cattle and kept for a lawful purpose. We have heard the member for Cypress Hills--Grassland talk about the changing of the definition of animal to something that feels pain.

A few nights ago in the House we discussed the strychnine bill. Gophers feel pain. It is not necessarily an acceptable practice by a lot of animal rights groups but it is another case of an exercise that is needed on ranches and farms. We support any kind of bill that would genuinely deter cruelty to animals. Bill C-15B does not. It is an attack on western agriculture and farming practices. Even though amendments have been brought forward in good will they do not suffice.