Bill C-380 (Historical)

Ban on Shark Fin Importation Act

An Act to amend the Fish Inspection Act and the Fisheries Act (importation of shark fins)

This enactment amends the Fish Inspection Act to prohibit the importation of shark fins in Canada. It also amends the Fisheries Act to prohibit the practice of shark finning, thereby establishing a legislative prohibition.

Third Reading

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Mr. Speaker, let me just pick up again on Bill C-246, the Liberal backbench bill that the government defeated. It would have also dealt with the things that are in this government bill. We could have done what is in this bill before us, and more, by passing that private member's bill.

Perhaps most importantly, Bill C-246 would have moved offences against animals out of the property section of the Criminal Code and into a new section dedicated to offences against animals. This would not only have been an important legal reform; I think it would also be a very important symbol of our need as humans to rethink our place in the natural universe and to see ourselves as part of the web of nature on which we depend for our very survival, rather than seeing the Earth and all of its beings as simply property for us to use and discard when we are done.

I have spent a lot of time on this private member's bill because it puts the much narrower government bill in front of us into a proper context. The fact that the government used its majority to defeat a more comprehensive reform of animal cruelty legislation tempers the credit the government should get for bringing forward this bill today.

At this point, I also want to give credit to the Conservative member for Calgary Nose Hill, who pushed the government to act on the very narrow definition that the Supreme Court found by introducing her own private member's bill, Bill C-388, in order to make sure that the government was forced to bring forward its own bill instead of having to deal with hers.

The member for Calgary Nose Hill did acknowledge some concerns in her caucus that attempting to modernize and strengthen animal cruelty provisions might affect farmers and hunters. I also want to acknowledge concerns in indigenous communities that reforms of animal cruelty legislation should not infringe on aboriginal rights and traditional hunting practices.

However, like the member for Calgary Nose Hill, I believe we can update animal cruelty legislation and at the same time avoid unintended impacts on farmers and hunters and unintended consequences with regard to aboriginal rights.

Perhaps I should mention that I am not a hunter, nor have I eaten meat for more than 35 years. I am a proud dog owner, although I resisted the temptation today to wear a t-shirt with a picture of my poodle on it under my jacket. I should also say that my support for this bill will keep peace at home, as my partner is a very passionate advocate for animal rights.

In fact, New Democrats in this House have consistently advocated reform of animal cruelty laws. The member for Port Moody—Coquitlam has proposed his private member's bill, Bill C-380, which would have banned the importation of shark fins. He has been working very hard on the Senate bill, Bill S-238, which is a parallel bill, to make sure that we pass that bill before the House rises to help end the cruel practice of shark finning.

Both the member for Vancouver East and the member for New Westminster—Burnaby have introduced motions to ban the import of products containing dog and cat fur. Former Toronto NDP MP Peggy Nash had a private member's bill, Bill C-232, to strengthen animal cruelty laws, as did former NDP Quebec MP Isabelle Morin, so this is not a new cause for us to take up. This is something we have been fighting for for many years in this House.

At the justice committee, the member for Beaches—East York moved an amendment to Bill C-84, which was adopted unanimously and which broadened the government's too-narrow bill, and three very important provisions were added to the bill in committee.

The first of those allows a prohibition order on animal ownership for a certain period, as determined by a judge. The second makes it an offence to violate an order prohibiting animal ownership, meaning that someone could actually be prosecuted for violating that order of prohibition. The third allows restitution orders to compel those convicted to pay for the care of animals injured. Those were quite important aspects from his own private member's bill on which the member got consensus to bring into the bill before us today.

A separate amendment was also adopted to add bestiality to the list of offences covered in the Sex Offender Information Registration Act. As the member for St. Albert—Edmonton very clearly pointed out, the reason for doing this is that abuse of animals is often an indicator of other forms of abuse, in particular of child abuse. This becomes information that is very useful to the police. I thank him for bringing forward that amendment to this bill.

Those two amendments, one with three provisions and one with one provision, added important aspects to Bill C-84, even though it remains, as I said before, less than the comprehensive reform of animal cruelty legislation that I would like to see before the House.

Still, Bill C-84 does redefine bestiality more broadly than the court decision and it does prohibit a broader range of activities associated with animal fighting, so I and my fellow New Democrats are supporting this bill.

I would have to say personally that even if it contained only the provisions banning activities associated with animal fighting, I would support this bill. It is important to ban promoting, arranging and profiting from animal fighting. It is important to ban breeding, training or transporting animals to fight and it is important to ban keeping any arena for the purpose of animal fighting. I think these are very important steps.

I am not going to go on for a long time, despite the accusations of the government that the reason that we wanted to speak was to delay the bill. I am not even going to use all my time today. I want to conclude by saying that the reason I wanted to speak is to bring our attention to the fact that there is still a lot of work to do on animal cruelty after we pass Bill C-84.

We are missing the opportunity for that comprehensive reform that I have been talking about. In particular, I believe this bill should have included basic standards of care and housing for animals. It could also have included restrictions on tethering animals, in particular dogs, a practice that, since it is unregulated, can be a severe threat to the health and safety of dogs. Of course, tethered dogs are much more likely to bite, and specifically to bite children. In fact, according to the Montreal SPCA, tethered dogs are three times more likely to bite and five times more likely to bite children.

Again, after Bill C-84 passes, there is much more work to do beyond fixing the additional provisions of the Criminal Code that I mentioned earlier. Most important, of course, is the work that needs to be done on protecting endangered species and the habitat that they depend on. This past week, we saw the release of an alarming report from the United Nations intergovernmental science-policy platform on biodiversity. This report documents the unprecedented and accelerating rates of species' extinction at rates never before seen in human history. The report warns that more than one million animal and plant species are facing extinction within the next few decades as a result of human activity.

What we do need now, and I mean right now, are bold measures to protect and preserve the ecosystems that the endangered plants and animals depend on. Since I arrived in this House eight years ago, I have been an advocate for emergency action to protect the southern resident killer whales, as we are at the brink of losing a species, each of whose name is individually known. Instead of a bold and urgent recovery plan for the orcas that would mobilize large-scale habitat restoration where appropriate and put millions of hatchery chinook in the water, this work is being left to volunteers, and they have undertaken this work without any government support. Instead of support, we have a timid recovery plan that tries to manage declining stocks of chinook by relying on fishing restrictions when everybody knows that what we actually need—not just the whales, but all of us—is more fish in the water.

In conclusion, while passing Bill C-84 is an important step forward in animal protection, it is only a first step in a process that will require us to re-examine our place in the natural world.

Port State Measures Agreement Implementation Act

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, it is my pleasure and privilege to rise to speak to this legislation, Bill S-3.

As I indicated in my question to the member who spoke before me, I am disappointed by the fact that it has taken so long for this piece of legislation to work its way through the process. It was introduced in the Senate. It should not have been introduced in the Senate to begin with; it should have come through the House of Commons. Instead of slipping it in through the back door, it should have been dealt with here first by the elected representatives of Canadians.

The member suggested that Canada has a significant coastline. Canada has the longest coastline in the world. There are also important ocean nurseries, such as Georges Bank and Lancaster Sound. I am continually frustrated by the lack of leadership that the government shows on issues like this, issues that deal with our fishery, oceans, ocean health and the ocean ecosystem. The Conservatives committed to another international agreement through the UN that 10% of our coastal ecosystem in marine-protected areas would be protected by the year 2020. There is not a hope, if we continue at this pace, that we are ever going to achieve that commitment.

Luckily, as a result of the election that is about to be upon us, on October 19, a New Democrat government is going to start putting things in place to make sure that commitment is fulfilled and that 10% of our coastal ecosystem in marine-protected areas is protected by 2020. It can be done; it just requires the will. New Democrats will show the Conservatives how that is done.

Before I get into the significance of the bill and the lack of leadership we have seen by the government, another important issue is the government's failure to support my colleague's bill, Bill C-380, on shark finning. The member for New Westminster—Coquitlam has worked tirelessly on this issue. He has worked tirelessly on it because it is important. It is estimated that 100 million sharks are killed each year for their fins alone. He worked with members on all sides of the House to get their support, and it was close, but too many members on the government side bailed. They would not stand up. They said they were going to bring in stronger enforcement against shark finning, but that simply has not happened. That is another example of the lack of leadership on this important issue by the government.

I will not forget to mention that the government has cut funds for the Department of Fisheries and Oceans and the Coast Guard by well over $100 million over the last couple of years in the area of science and enforcement. It has been one thing after another. Frankly, it is laughable when members opposite stand and talk about the leadership role that they play in fisheries management and protecting the oceans. As I have suggested, they do not contribute in any way in a leadership role on the issue of healthy oceans internationally.

Turning to Bill S-3, the bill was last debated in the House in February 2014. I do not know why that is. We had two committee meetings to deal with it, so it was not the committee that held it up, that is for sure. As it was, we only dealt with a few technical amendments and then voted to pass it on.

Illegal, unreported and unregulated fishing continues to be a very important global issue. It affects not only the health of our ocean's ecosystem and issues of conservation of stock management, but it also affects our economy.

Illegal, unreported and unregulated fishing is a major contributor to declining fish stocks and marine habitat destruction. Globally, IUU fishing takes many forms, both within nationally controlled waters and on the high seas. We know that it further threatens marine ecosystems, puts food security and regional stability at risk, and is linked to major human rights violations and organized crime.

While it is not known for sure how much IUU fishing is taking place, it is estimated that IUU fishing accounts for about 30% of all fishing activity worldwide. The worldwide value placed on IUU catches is somewhere between $4 billion and $9 billion a year. Approximately $1.25 billion of this illegally captured fish is thought to be taken from the high seas, with the remainder fished illegally within the 200-mile limit of coastal states. The overall impact on the global economy, however, is valued much higher, in the area of $23.5 billion.

As members would expect, illegal fishing is most prevalent where governance measures to manage fisheries are the weakest, which explains why developing countries are the hardest hit by IUU fishing. An estimated $1 billion in IUU fishing happens in the coastal waters of sub-Saharan Africa each year.

Strong governance of the high seas through regional fisheries management organizations is integral to reducing illegal fishing activities. The bill before us would help ensure that IUU fish do not make it onto the Canadian market and would provide disincentives for black market fish markets.

Tackling fishing on the high seas, as we have seen historically, requires large-scale international co-operation and commitment, both in terms of providing resources to implement agreed measures, such as in this case, implementing the port state measures agreement, and of coordinating efforts between relevant national and international authorities where, as I have suggested earlier, Canada should be a global leader.

Here in Canada, believe it or not, we do have fairly strong policies and enforcement to combat illegal fishing within our waters. Unfortunately, with the cutbacks to the Department of National Defence and DFO as it relates to the Coast Guard, we continue to be concerned with the ability of the government to actually carry out its enforcement responsibilities within the 200-mile limit.

I will speak for a minute about the Coastal Fisheries Protection Act. It regulates foreign fishing vessels fishing in Canada, as well as harvesting sedentary species like oysters and clams on the continental shelf of Canada beyond Canadian fisheries waters. The act also extends its application to the North Atlantic Fisheries Organization, NAFO, regulatory area and prohibits specific classes of foreign fishing vessels from fishing for straddling stocks. The act also prohibits fishing vessels without nationality from fishing in Canadian or NAFO waters.

As I indicated, Bill S-3 is making changes to the Coastal Fisheries Protection Act and enacting the international port state measures agreement that requires 25 nations to sign on in order for it to be ratified. Unfortunately, it has not reached even halfway yet.

The port state measures agreement specifically aims to prevent illegally caught fish from entering international markets through ports. Under the terms of the treaty, foreign vessels would provide advance notice and request permission for port entry. Countries would conduct regular inspections in accordance with universal minimum standards. Offending vessels would be denied use of the port or certain port services, and information sharing networks would be created.

The bill also provides regulatory power in relation to authorizing foreign fishing vessels ordered to port by their flag state to enter Canadian waters to verify compliance with law or conservation and management measures of fisheries as an organization.

The bill expands the definition of “fishing vessel”, which we have heard, to include any vessels used in the transshipment of fish or marine plants that have not been previously handled. The bill further expands the current definition of “fish” from shellfish, crustaceans and marine animals to include any part or derivative of them.

The port state measures agreement is the first global treaty focused specifically on the problem of illegally, unreported and unregulated fishing. To date, the European Union, Norway, Sri Lanka, and Myanmar have already ratified the port state measures agreement. The United States has introduced legislation, similar to Canada, in an effort to ratify the PSMA. As I indicated, in order for it to take effect internationally, it requires ratification by 25 states.

The illegal, unreported and unregulated fishery is a serious problem. It is a serious problem for the reasons that I have indicated and others. Canada needs to be at the forefront of measures like this to ensure the agreement is ratified by 25 nations. My question would be as to what Canada is doing to ensure that 25 nations actually move forward and take steps to ratify this agreement. We have not heard that in any of the debate. If the government was taking a leadership role, it would be able to give us a report on that.

Surely the government must understand. As I said earlier it has been two years since the bill was first passed in the Senate. We have had lots of time. The government has been aware of the issue. The government has been involved with this issue. I would certainly like to know, and I have not heard an explanation or a report on progress, how the other states are doing on the whole question of ratification.

When can we expect the agreement to be implemented? Will it be ignored, like the commitment to protect 10% our coastal ecosystem by 2020? Have the signatories to this agreement set a date by which they want to have the agreement ratified? Can the government report on what it is that it has done?

I and other members here have expressed some of our frustration about the lack of action on various issues relating to coastal protection and the failure of the government in so many areas relating to habitat protection.

Speaking of frustration, today in our committee we were hearing from witnesses. There was one from Alberta, the fish and wildlife society I believe it was. He talked about his frustration with the fact that the federal government is not doing enough to deal with questions of the damage to fish habitat. In fact, if I caught it correctly, he said something to the effect that the Department of Fisheries and Oceans is invisible in the western provinces.

I assured the witness that now that there is an NDP government in Alberta, he has the opportunity to work with a government that understands the importance of the environment and that, once an NDP government is in place after October 19, we would address that frustration. I assured him that we would ensure there is action taken in these areas and that the federal government would not be invisible in dealing with important issues of habitat management and ecosystem destruction.

We do not have enough time on these committees to ask questions, but one of our concerns is the way that industrial expansion and the development of resources and resource extraction are taking precedence over environmental protections, taking precedence over our ability to protect important marine ecosystems, our rivers and lakes, let alone our oceans.

As members know, the government made enormous negative changes to the Fisheries Act back in 2012 and really exposed itself to this country and to many Canadians. I am in contact every day with those Canadians. They are concerned about the lack of attention that the current government is giving to fish habitat and to our ecosystems, concerned that the Conservatives are primarily concerned with resource extraction, whether that be in the moving of resources. If there is a waterway in the way—if it is a fish-bearing river or brook—the Conservatives have provided for undertakings to be granted that will basically allow them to run pipelines over these rivers and streams and through lakes. Those are the concerns that many of us have expressed and that our witness was partly expressing in his testimony today, if I may say so.

What we are looking at in our committee is the whole issue of the recreational fishery. It is an important fishery economically and culturally. However, as the representative from the Thames River in southwestern Ontario told us, if we do not have a healthy habitat and we are not able to protect and restore marine habitat, we are not going to have any fish. While we want to talk about how important the recreational fishery is to this country, we have to ensure we protect that marine and fish habitat.

It is about leadership, which I have been trying to talk a bit about. While I am pleased that this piece of legislation has come forward, I am disappointed at how long it took. I am disappointed at the fact that the current government has not been out in the forefront of ensuring that illegal, unregulated, unreported fishery stops, not in 10 years' time but now or next year.

Let us see some timelines. Let us see the government taking some action to make sure that the 25 nations, which are supposed to ratify this agreement, get it done. The Conservatives have not indicated to us whatsoever the actions they are taking to make sure they get it done.

I will be supporting this legislation. I am pleased to have the opportunity to speak, and I would be happy to answer some questions.

The Conservative Government

[José Nunez-Melo, NDP, Laval, QC]

Mr. Speaker, March 28 was a dark day for the House of Commons. On that day, three important bills were arbitrarily rejected by the Conservative caucus.

The Conservative caucus overwhelmingly voted down the good intentions of providing justice and giving the Government of Canada the opportunity to do the right thing and support some just and worthy causes. Bill C-380 would have prohibited imports of shark fins. Bill C-459 would have helped consumers, in particular air passengers. Bill C-464 would have supported Canadian mothers in the event of multiple births.

On March 28, the ignorance of our honourable government colleagues was on display again. Even worse, they failed to grasp the negative consequences for which they will be held to account in the next election.

Shark Finning

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, the second petition is pertinent to a vote we will have this evening on Bill C-380 to ban the importation of shark fins. Upon discussing the matter with the hon. member for Oakville, he pointed out that there are now approximately 100 million sharks a year that are killed for this practice of finning.

The petitioners in this case are from my own riding, from the islands of Pender, Galiano and Salt Spring.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I am pleased to present petitions in support of Bill C-380, a bill which would stop the import of shark fins into Canada once and for all. This was introduced by my colleague, the NDP deputy Fisheries and Oceans critic.

I would also like to acknowledge the hard work of Fin Free Victoria, a group that includes students from Glenlyon Northfolk School in my riding, which has gathered thousands of signatures.

The bill will come to a vote in the House of Commons this evening and I encourage all members of this House to vote in support of the bill.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I have four petitions. I will present them efficiently.

The first is from petitioners primarily in the Ottawa area, calling for the end of the practice of importing, selling and distributing shark fins. I note that we will all be voting on private member's Bill C-380 later this week, and I certainly hope it will pass.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, an estimated 73 million sharks are killed each year for their fins, often by a brutal practice called shark finning. Fins are removed and the bodies dumped into the ocean, causing a rapid decline in shark populations and serious impacts on our marine ecosystems.

My colleague, the NDP deputy fisheries and oceans critic, has provided remarkable leadership on this issue by introducing Bill C-380, a law that would stop the import of shark fins into Canada once and for all.

People across Canada have been working incredibly hard in support of this bill. Groups like Fin Free Victoria, a group that includes students from Glenlyon Northfolk School, and other schools in my riding, have been a real force for change, campaigning online and in the community. Let us listen to their voices. I am urging every member of the House to do the right thing and vote for the bill and stop the barbaric import of shark fins.