Bill S-209 (Historical)

An Act to amend the Criminal Code (prize fights)

The enactment amends the Criminal Code by expanding the list of permitted sports under the prize fighting provisions.

Criminal Code

[Robert Goguen, Conservative, Parliamentary Secretary to the Minister of Justice]

Mr. Speaker, I am very pleased to speak in favour of Bill S-209, An Act to amend the Criminal Code (prize fights).

I would like to begin by noting that Bill S-209 is a private member's bill that was introduced in the other place by Senator Runciman. It proposes to amend section 83 of the Criminal Code. Currently, section 83 makes it a summary conviction offence to engage in a prize fight, to promote a prize fight or to attend a prize fight as an aid, second, surgeon, umpire, backer or reporter. Section 83 then carves out exceptions to the prize fighting offence for certain amateur boxing contests and for certain professional boxing contests.

The exception for an amateur boxing contest arises if each glove used meets the minimum weight of 140 grams. An amateur boxing contest where the gloves to be used do not meet the minimum weight specified in section 83 of the Criminal Code can still be excepted from the prize fighting offence if the province issues a licence for the contest. Similarly, any professional boxing contest is exempted from the section 83 prize fighting offence if the province issues a licence for the contest.

Bill S-209 contains proposals to extend the exemption in section 83 for amateur boxing contests to cover other amateur combative sport contests, including contests in sports such as judo, karate, tae kwon do, kick-boxing and mixed martial arts. Bill S-209 would also clarify that the exemption in section 83 which covers professional boxing contests would include professional mixed martial arts contests.

It is important to underscore that Bill S-209 contemplates provincial decision making with respect to both amateur exceptions and the professional exceptions to prize fights that are found in Bill S-209.

First, I will speak about the amateur combative sport contest aspect of Bill S-209 and then I will turn to the professional boxing and professional mixed martial contest aspect of the bill.

The reforms to the amateur prize fighting provisions of the Criminal Code found in Bill S-209 replicate those that were found in former government Bill C-31 introduced during the second session of the 40th Parliament, which died on the order paper. However, Bill C-31 proposed reforms only to the amateur prize fighting aspect of section 83 of the Criminal Code. Former Bill C-31 did not propose to extend current exemptions to the prize fighting offence for a professional boxing contest that held a licence from the province to any other professional combative sport contest.

Bill S-209 would extend the exemption for amateur prize fights in a way that would respect provincial decision making.

First, it would allow any amateur combative sport event in a sport that is on the Olympic or Paralympic program. If the province chooses, it can require that the Olympic or Paralympic combative sport contest obtain a licence from the province.

Second, Bill S-209 would make an exception to the prize fight offence for any amateur sport contest that would be on a list of designated amateur combative sports by the province and the province could choose to require that a licence is necessary for the designated amateur combative sport contest.

Third, Bill S-209 would make an exception for any other amateur combative sport contest for which a province had chosen to grant a licence.

As I have said, these amendments for amateur exceptions to the prize fighting offence were found in the government's previous bill, Bill C-31. They reflected consultations between federal and provincial officials at a time when professional mixed martial arts had not developed to the point where it is today in terms of its fan base and its rules.

Turning to the current professional boxing exemption from the section 83 prize fighting offence, Bill S-209 would clarify that a professional mixed martial arts contest that was licensed by a province would be an exception to the prize fighting offence in section 83 of the Criminal Code. British Columbia has requested that the code be amended to clarify any doubt in the matter. I note that there are other provinces, for example, Quebec, Ontario and Alberta, which have licensed professional mixed martial arts contests as professional boxing contests. Bill S-209 would bring clarity in respect of professional mixed martial arts contests.

The professional exception in Bill S-209 does not extend to professional combative sports other than professional boxing and professional mixed martial arts. Perhaps this is because these two professional combative sports have television coverage and it does not appear that any other combative sports are on the verge of developing in Canada a professional aspect with such a fan base and television coverage.

We can see that where Bill S-209 would contemplate licensing, it is a provincial licensing that is identified. Bill S-209 would not try to go around the province by exempting a prize fight licensed by a municipality, for example, because a municipality is in fact the creation of a provincial legislature. If a province wished to establish a municipal body as a licensing body, it could choose to do so, but it would be for the province to decide.

As I noted earlier, the amendments to section 83 of the Criminal Code would respect provincial decision-making in the area of permitted exceptions to the prize-fighting offence. In my view, the provinces are best placed to determine public acceptance of combative sports within the range set by the Criminal Code. No province would be forced to permit an amateur combative sport or to license a professional boxing contest or a professional mixed martial arts contest. The province might decide that it did not want to permit any or all of these contests, and if such were the case, the province would not be obligated to license them.

Provinces are also best placed to determine what rules and safety measures they want to see in place prior to having a combative sport contest occur in their jurisdiction. With professional mixed martial arts, there has been tremendous development over the past decades, both in terms of fan support in Canada and the rules of the sport. There is a medical doctor who now decides when a fight should stop, rather than the referee or the coach. There are rules related to striking and holds that are barred. There are rules that permit an athlete to tap an opponent on the mat, which are not present in professional boxing, for example.

The reforms in Bill S-209 regarding amateur combative sports and professional mixed martial arts are long awaited. The amendments in Bill S-209 would modernize the amateur combative sport contest exceptions in section 83 of the Criminal Code. They would also clarify that a province could license a professional mixed martial arts contest as an exception to the prize-fighting offence in section 83 of the Criminal Code.

I urge all members to support Bill S-209.

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

moved that Bill S-209, An Act to amend the Criminal Code (prize fights), be read the second time and referred to a committee.

Mr. Speaker, I have the honour to rise today in the House to support Bill S-209, An Act to amend the Criminal Code (prize fights). The purpose of this bill is to legalize certain combat sports that are currently illegal, but tolerated, so that they can be more closely monitored in order to prevent injuries.

It is important to amend the Criminal Code in order to eliminate any ambiguity regarding the legality of the various combat sports in Canada, which are growing in popularity.

The provisions of the Criminal Code that deal with prize fighting have not been amended since 1934. At that time, combat sports were basically limited to boxing and wrestling; however, since the end of the Second World War, they have seen unprecedented growth. For example, certain Asian martial arts, such as judo, karate and taekwondo, have become commonplace since soldiers stationed in Asia discovered them. Young Canadians across the country participate in these sports, which are all recognized by the Olympic organizing committee.

These sports are relatively new in our country and are still illegal because the only exception to prize fighting set out in the Criminal Code is boxing. The Criminal Code currently defines prize fighting as an encounter or fight with fists or hands between two persons.

According to this definition, two young people could organize an underground taekwondo match in a basement and it would not be considered a prize fight as long as they did not use their hands. This definition is too narrow. That is why, with Bill S-209, we are proposing that feet be added to this definition. As it was established in the Senate committee, adding more descriptors to this definition, such as elbows and knees, is not necessary and could even be counterproductive since contact sports, such as hockey, could then be considered prize fighting sports. That is why the new definition is limited to fists and feet.

By modernizing the Criminal Code to permit other combative sports such as mixed martial arts and karate, we are laying the groundwork for the general acceptance of these sports across the country. In fact, mixed martial arts, for example, are tolerated in some provinces, but not in others. Some provinces have called these contests boxing matches in order to allow them. Because the hands are used, the limits of the law are circumvented, and fans and those who practice combative sports are not penalized.

However, in other provinces this language is not used to circumvent the Criminal Code, and these sports are not permitted. Consequently, even today, many groups organize clandestine contests that are not governed by provincial standards. This is a serious problem because safety standards can vary from one contest to another, which increases the risk of injury to the fighters. If the Criminal Code is amended to allow these sports, the provinces will have the freedom to regulate them to protect the safety of fighters. In fact, the bill will give the provinces a great deal of latitude to regulate these sports as they see fit. Oversight of these sports contests at both the amateur and professional levels will be enhanced.

Some people may be wondering why we should legalize these combative sports, especially mixed martial arts, which are a source of concern for many Canadians. In addition to the fact that they are widely practised, they are much less dangerous to the health of participants than other commonly practised sports such as hockey and boxing.

As we heard in committee and in the Senate, a study by Johns Hopkins University, published in the Journal of Sports Science and Medicine in 2006, compared injuries sustained in mixed martial arts and in other sports. The conclusion was that the rate of injury is comparable to that in other combative sports.

Shockingly, injuries in mixed martial arts are generally less serious than in boxing. The reason in simple: fighters can call things off quickly, which they almost always do when they are in a position that is putting their health at risk. In boxing, fights often end with a knockout or when the referee calls it off.

Furthermore, since a large number of mixed martial arts fights take place on the ground and involve armlocks and chokes, blows to the head are less common than in boxing, in which almost all blows target the head. Over time, a mixed martial arts fighter receives fewer blows to the head, which reduces the risk of side effects.

In addition, contrary to popular belief, mixed martial arts are heavily regulated. Fighters cannot do whatever they want and must comply with a number of regulations to avoid injuries. These regulations include a total ban on blows to the eyes or head. They must also wear a jockstrap, gloves and a mouthguard, which limit injuries. Hockey, our national sport, results in just as many—if not more—injuries than mixed martial arts.

Sports must be regulated, not banned. Banning them would only increase the number of underground fights, which are dangerous for participants, since they do not always take all of the safety measures required to properly regulate such fights. This includes having a medical team that is prepared to intervene, as well as safety regulations, such as requiring gloves or banning blows to the head. Furthermore, revenue from underground fights often goes undeclared, which does not benefit taxpayers. It is in our collective interest to recognize the popularity of these sports and to legalize them to ensure better regulations.

The popularity of mixed martial arts is exploding and will produce huge economic spinoffs for Canada. Quebec's Georges St-Pierre, who is one of the most popular fighters in the world and is the Ultimate Fighting Championship world champion, draws big crowds and models the professionalism and skill of Canadian athletes. I attended his last UFC fight, and I can attest to the people's infatuation for him and the sport.

Tom Wright, director of operations in Canada, recently told La Presse that ticket revenues from UFC 154 in Montreal were the third-highest this year, after Las Vegas and Calgary. He also said that Canada is the second-largest market for UFC, behind the United States. However, considering the difference in population, Canada has the most mixed martial arts fans per capita, ahead of countries like the United States and Brazil.

UFC fights organized in Canada have generated tens of millions of dollars in revenues for our country. Furthermore, 25% of the people watching these events on television are Canadian. Most of the highest-grossing UFC events have been held in Canada, once again demonstrating the popularity of the sport. On top of that, we have all the direct and indirect spinoffs, such as the GST and the tourists who come to Canada and spend a lot of money to attend these fights. They bring in tens of millions of dollars, which makes this sport a major tourist attraction and economic driver.

I would like to point out that UFC has only come to Montreal, Toronto, Vancouver and Calgary. Considering the growing popularity of mixed martial arts, organizers are now turning to cities like Ottawa, Quebec City and Winnipeg. Needless to say, the more competitions we have in Canada, the more direct and indirect revenues we will see, especially thanks to the many tourists who will travel here to see them.

The sport is becoming increasingly popular, and it is likely that the economic spinoffs from this sport will quickly increase in the years to come, in light of this sport's growing popularity. Bill S-209 will support both fans and organizers, which will help improve the Canadian economy.

For all these reasons, I support this bill, which will add more combative sports to the list of exceptions to the prize fighting offences. This list is currently limited to boxing. Bill S-209 will help provide better regulation for these sports, which are widely practised in Canada, and will give the provinces the tools they need to regulate them. These regulations will help reduce the risk of injury and will discourage people from participating in underground fights.

Since the popularity of combative sports is growing, they are economically viable. There is no reason not to modernize the Criminal Code to reflect this new reality. That is why I support this bill and hope that my colleagues will do the same.

[Michel Bédard, Committee Researcher]

The only bill for the consideration of the subcommittee this morning is Bill S-209, an act to amend the Criminal Code with respect to prize fights. This bill would modernize the exceptions for prize fighting in the Criminal Code.

I will just remind members that this is a Senate public bill, so the only criterion used by the subcommittee is whether or not there has been a similar bill voted on in the House of Commons in the current Parliament, and it is not the case.

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

moved for leave to introduce Bill S-209, An Act to amend the Criminal Code (prize fights).

Mr. Speaker, I am pleased to introduce Bill S-209, An Act to amend the Criminal Code (prize fights).

This legislation seeks to amend the Criminal Code by expanding the list of permitted sports under the prize fighting provisions. This change to Canada's prize fighting laws is long overdue.

Mixed martial arts have come a long way as a sport in the past 20 years. Their safety record is admirable, their product is popular throughout Canada and worldwide, and the list of Canadians like Georges St-Pierre who excel at this sport is constantly growing.

I am proud to do my part as a member of Parliament to modernize our laws, since this particular part of the Criminal Code has not been updated since 1934.

Currently, close to 100,000 Canadians who practice combat sports, some of these sports are recognized by the International Olympic committee, such as judo and tae kwon do, can be considered to doing so illegally under the current provisions of the Criminal Code. Bill S-209 would merely correct this oversight so that Canada can effectively regulate acceptable combat sports openly.

Seeing as how this bill is non-controversial and is a sensible piece of legislation that clearly addresses a blind spot in the Criminal Code, I look forward to seeing the bill passed expeditiously with the support and co-operation of all members.

(Motion agreed to and bill read the first time)

Message from the Senate

[The Acting Speaker, Conservative, Barry Devolin]

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bills, to which the concurrence of the House is desired: Bill S-9, An Act to amend the Criminal Code, and Bill S-209, An Act to amend the Criminal Code (prize fights).