Justice for Animals in Service Act (Quanto's Law)

An Act to amend the Criminal Code (law enforcement animals, military animals and service animals)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Criminal Code to better protect law enforcement animals, military animals and service animals and to ensure that offenders who harm those animals or assault peace officers are held fully accountable.

Elsewhere

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

Votes

June 15, 2015 Passed That the Bill be now read a third time and do pass.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:15 a.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

moved that Bill C-35, An Act to amend the Criminal Code (law enforcement animals, military animals and service animals), be read the second time and referred to a committee.

Mr. Speaker, I am pleased to be here once again in the House of Commons to speak to a very important initiative that pertains directly to our four-legged friends, animals that can be described as in service of our country and in service of our community.

Bill C-35, the justice for animals in service act, is also known as Quanto's law. It is named after Quanto, who was a five-year-old German shepherd Edmonton police dog who was fatally stabbed October 7, 2013, sadly, while assisting the police in apprehending a suspect. Quanto and his handler, Constable Matt Williamson, were in pursuit of a suspect in a stolen vehicle. When the vehicle became disabled at a gas station, the driver jumped out and fled. Constable Williamson ordered the suspect to stop. When the suspect refused to do so, the officer deployed Quanto, his partner, his dog. Constable Williamson, then in pursuit, eventually witnessed what took place. Quanto did catch the suspect who was fleeing, but in the midst of holding him while waiting for Constable Williamson to arrive, Quanto was stabbed with a knife repeatedly. Medical treatment was applied, but despite efforts to save Quanto, he succumbed to his injuries.

Sadly, this particular incident is not an isolated incident. This has happened in other cases across this country. It speaks to the need to do more when it comes to protecting service animals. It speaks to the recognition of the vulnerability of these animals in supporting law enforcement, our border services, and other law enforcement services.

At the outset, I want to pay tribute to the member for Richmond Hill, who is the Parliamentary Secretary to the Minister of Citizenship and Immigration, who brought this initiative forward. However, because of a procedural requirement that when he became a parliamentary secretary he could no longer pursue this initiative, the government has picked it up and taken it forward. It was also referenced in the Speech from the Throne.

The proposed amendment to the Criminal Code is to recognize the daily risks taken by police officers and their service animals. They work very much in unison.

I note that this bill defines each of the terms. The proposed amendments would create a new specific offence prohibiting the killing or injuring of a law enforcement animal, service animal, or military animal. I will come back to those definitions.

A law enforcement animal is defined as a dog or a horse that is trained to aid a law enforcement officer in carrying out the officer's duties.

A military animal is defined as an animal that is trained to aid members of the Canadian Forces in carrying out members' duties. This would include the very critical task that we saw in recent years in Afghanistan with bomb disposal units. Dogs, as we all know, are gifted with very sensitive olfactory systems. That is, they are able to smell things that other animals and humans cannot. Despite great advances in technology around bomb disposal, the dog is still the very best indicator in many cases of where these IEDs, the landmines, are located. However, we can imagine the great risk they are under. We can also imagine how incensed the Taliban is when its random attempts to kill and maim people are foiled by the dogs. This makes these dogs a target just as, in a criminal sense, dogs who apprehend those who may flee justice or those who may be involved in the drug trade are specifically made targets.

Therefore, I come back to the purpose of the bill, which is to recognize both the harm and the danger to which they are exposed but also to elevate criminal sanctions to protect them and send a signal to recognize their specific vulnerability.

A service animal is defined as an animal that is required by a person with a disability for assistance and, importantly, is certified in writing as having been trained by a professional service animal institution to assist a person with a disability. Again, I would suggest that the intent of the bill is to elevate the importance of what these animals do, the service they provide, and the potential vulnerability that is present in their life because of their service.

While the bill bears the name of Quanto, that name really represents a much larger body of animals. Quanto, incidentally, was recently elected into the Purina Animal Hall of Fame, I am told, as special recognition of his service to country.

The Criminal Code has contained offences relating to treatment of animals since 1892, and the current set of offences has existed since 1953. The penalties in the existing law were in fact increased by this government in 2008. The offence of killing, maiming, wounding, poisoning, or injuring an animal that is kept for a lawful purpose is found in section 445 of the Criminal Code, and this particular section was used, in fact, to prosecute Quanto's killer.

The maximum sentence that may be imposed where there is a hybrid offence and it is prosecuted as an indictable offence is up to five years, and the law provides that the court may, in addition to any other sentence, on application of the Attorney General or on its own motion, order that the accused pay the reasonable costs incurred in respect of an animal as a result of the commission of the offence. This gets at the fact that the training and purchase of these animals, because they provide such special service, is significant.

I have a very good friend, Duane Rutledge, who is a dog handler with the New Glasgow Regional Police Service back in my home constituency. He has, over the years, trained and worked with three separate dogs. Most of these dogs are German shepherds, brought in either from the Czech Republic or from Germany. These animals can cost thousands of dollars, and when one factors in the training that goes into preparing these animals for service, the cost goes even higher. Estimates, in some cases, put a single service animal, by the time it reaches maturity, at $60,000; so there is cost to be incurred as well. Not to diminish the loss and the human side in injury to an animal, the financial costs associated with an animal being taken out of service, or worse yet, killed, are significant.

Further, paragraph 738(1)(a) of the Criminal Code authorizes the court to order the offender to pay the costs associated with training a new animal as restitution for the loss of an animal where the amount is readily ascertainable.

The person who killed Quanto, for example, was sentenced to a total of 26 months imprisonment on various charges arising out of the events of October 7, which I spoke of earlier. Eighteen months was specifically designated for the killing of Quanto. He was also banned from owning a pet for 25 years.

Quanto's killing was only the most recent instance in which a police service animal was killed in the course of a police operation. Another high-profile incident involved the death of an eight-year-old horse.

The horse, Brigadier, was a Toronto Police Service horse killed in the line of duty in 2006. In that case, a driver in a fit of rage, while waiting in line at a drive-through ATM, made a U-turn and barrelled into the horse and his mounted officer. Both of Brigadier's front legs were broken, the left one so badly that he could never have recovered. The horse had to be put down.

We have another example in which a service animal, in this case a horse, was injured severely. The person drove a car into the animal, into the police horse, and was subsequently convicted. There were charges for dangerous driving causing bodily harm to Brigadier's mounted officer.

Members of this House would also be aware of the many ways that law enforcement dogs and horses can assist handlers in protecting the public.

A police dog is trained specifically to assist police and other law enforcement personnel in their work, such as searching for drugs, explosives, people who are lost in the woods, and evidence such as weapons, and protecting their handlers. Law enforcement canine units, like Quanto's unit in Edmonton, are common components of municipal police, as well as provincial police forces and the Royal Canadian Mounted Police.

We are all very aware of the Musical Ride and the service it represents, as well as the entertainment factor. It is a source of pride for both the RCMP and all Canadians.

In 1995 in Montreal, after 23 years, a new version of the Montreal police canine unit was established.

Today, this canine unit is composed of 11 police officers and 10 operational dogs. The canine unit supports Montreal police officers in their investigations and daily activities. It is also called upon to work in certain operations where its specialties are required. For example, the unit will cooperate with other police forces that do not have canine units.

The canine unit also works during major events. It is also called upon to participate in media, community and cultural events at schools and community meetings or on television shows to promote the canine unit, the police service and the City of Montreal. The dogs of the Montreal police canine unit each specialize in specific types of work.

We know that some dogs are trained for a very specific purpose with respect to the detection of narcotics. Other dogs have specialized skills in searching buildings and in explosives detection. Some dogs have specialized training that takes years to perfect.

On the international front, looking outside our borders, a number of American states, such as Indiana, Iowa, Massachusetts, New Jersey, Ohio, Oregon, and others, have enacted special laws making the intentional injuring or killing of a police dog a felony offence, subjecting the perpetrator to harsher penalties than those that exist in statutes embodied in local animal cruelty laws. Just as the assault on a police officer may currently result in harsher penalties, we believe there should be an elevated sentence to be meted out when a police animal is injured or killed.

In terms of law enforcement horses, as I mentioned, after special training, law enforcement horses may be employed for specialized duties, ranging from patrolling a park or wilderness area, where police cars would be impractical or noisy, to riot duty. Nothing garners attention in a large crowd where a riot might be erupting like a 1500-pound police horse coming into that area. It tends to garner attention. It tends to have a calming effect on the nerves for many, upon seeing that police horse arrive.

Police horses serve to send a very strong message when attempting to disperse crowds, through their larger size. Police horses provide the officers who ride them with added visibility and an added capacity to see what is happening in what is sometimes a very scattered and chaotic situation. They give riders the ability to observe a much wider area and allow police officers in that area to garner the attention they need and deserve. The service horses help, therefore, to deter crime. They help people find officers when they need them.

The bill would go further and proposes to extend specific protection, not only for law enforcement animals but also for trained service animals and military animals. Service animals perform tasks to help their disabled human masters live independent lives.

Most service animals are dogs, such as seeing eye dogs. However, other kinds of animals may also be trained to serve their masters, to serve individuals they are tasked to work with. The costs associated with training these new service animals is also significant.

I mentioned the Canadian Armed Forces and the variety of animals that are often contracted and used for those purposes. These animals assist Canadian Forces members by locating bombs. Again, I say for emphasis, what courageous work.

Like the men and women of the Canadian Forces who are tasked with this highly dangerous task, service animals have an enormous role to play in helping to detect IEDs, which are hidden and have a horrible impact, as we know, on human life. We have certainly seen the horrific aftermath and chaos that results when individuals step on IEDs. We have many service members in Canada now living with those ailments and ambulatory disabilities as a result.

Each of these service animals is required to have received specialized training to enable it to accomplish very specific tasks in support of its human handler.

It should also be noted that this offence would only apply where the animal was killed or injured in the line of duty. Animals that did not fall within the scope of this new offence would nevertheless be protected by existing animal cruelty provisions of the code.

As with existing sections under 445 of the code, the proposed offence would require the offender to have intended to kill or injure one of these animals. That mens rea, that intentional element, exists. In that way, accidental or negligent conduct would not be criminalized.

As with other provisions under section 445 of the code, the new offence would carry a maximum penalty of five years' imprisonment on indictment, and 18 months or a fine of up to $10,000 on summary conviction.

It is important to note that the proposed amendments would also require courts to give primary consideration to denunciation and deterrence as sentencing objectives as they relate to this new offence. We must underline here that there would be a mandatory minimum penalty of six months' imprisonment where a law enforcement animal was killed in the line of duty and the offence was prosecuted by indictment.

The bill also includes a provision that would require the sentence imposed on a person convicted of an assault committed against a law enforcement officer to be served consecutively to any other sentence that might be imposed on the offender for the offence committed at the same time. We know that these police officers and military members work with the animals essentially as a unit, so an offence committed against the officer would be served consecutively to that which would pertain to the harming or the killing of the animal.

The murder of a police officer is classified as first degree murder automatically and is punishable by life in prison with a mandatory minimum period of parole eligibility of 25 years, as a reflection of that seriousness.

The Criminal Code specifically prohibits assaults committed against peace officers in the performance of their duties through a number of offences, including section 271, assault on a police officer; and section 270.01, assault with a weapon or assault causing bodily harm to a police officer. That recognition exists.

Regrettably, data from the Canadian Centre for Justice Statistics adult criminal court survey reveals that there are still too many assaults being committed on police officers across the country. There were, in fact, a total of 31,461 charges in the years 2011-12.

Again, we believe that there is consistency in bringing this matter forward. The Criminal Code was amended to require courts, when sentencing persons convicted of assaults on police officers, to give primary consideration to the objectives of denunciation and deterrence. This new amendment to the Criminal Code would be in that same vein.

I am sure that all would recognize that attacks not only put the lives and safety of individual officers at risk but also demonstrably put animals' lives at risk when violence and weapons are used. The attack undermines the justice system more broadly. Thus, recognizing the wilful killing or injuring of a law enforcement animal undermines the justice system more broadly.

The bill would require the sentence imposed on a person convicted of wilfully killing or injuring a law enforcement animal to be served consecutively to any other sentence imposed on the offender for the offence committed at the same time.

In closing, I want to indicate that I am looking forward to the justice committee's deliberations on this important bill and the study that will take place there. I urge that the bill be referred to committee without undue delay.

I believe that in this highly charged partisan atmosphere in which we sometimes work, this is a bill that should really receive broad support.

It is intended to improve safety and the ability of police and service animals to do their important work in service of Canadians, in service of law and order in this country, and I would encourage all members to support this bill.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:35 a.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, my question is with regard to mandatory minimum sentences. It is a technical question. I know that the government likes to use wedge issues to impose such mandatory minimum sentences.

I would like to know if the government has in mind that mandatory minimum sentences could go against the Canadian Charter of Rights and Freedoms. I would like to know if it has asked for judicial input on the imposition of mandatory minimum sentences in this bill.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:35 a.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I would like to thank my colleague for her question.

It is an important question. The Department of Justice has lawyers with the necessary experience and training to study each bill and each article of the Criminal Code to ensure charter compliance.

Indeed, we have looked at this bill. The section of the charter that would attach, potentially, would be section 12, where one would attempt to deem a period of mandatory incarceration of six months cruel and unusual punishment.

I would submit to my friend and the House that given the seriousness of killing a police animal in circumstances that very often involve endangerment of the public, with a weapon, for example, or by fleeing lawful custody, this is, as I said earlier, about denunciation and deterrence. This is about sending a message that killing or injuring a police animal in such circumstances is deemed serious enough that a mandatory minimum period of incarceration would be warranted and would reflect society's denunciation of that type of criminal behaviour.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:35 a.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I listened closely to the Minister of Justice. On the issue of consecutive and mandatory minimums, it certainly is showing some difficulties for the government. Other bills have been challenged in the courts. There seems to be a lack of trust by the government in judges' discretion. That is what these folks are trained for. They are trained to apply the law and to sometimes give more harsh or less harsh penalties, depending on the situation. Mandatory minimums certainly take that discretion away.

The minister said, in response to the last question, that this bill was examined for charter compliance. I expect that it was by Department of Justice lawyers or outside lawyers. I am not asking for it today, but will that evidence or charter compliance information be allowed to go before committee so the committee has the wisdom of that advice when looking at this particular bill?

I want to say that Liberals are supportive of the bill going to committee. It is an important bill, but it is also important that the legislation not be turned back by the courts.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:40 a.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I thank my colleague from Prince Edward Island for his question and also for his indication that the Liberal Party will be supporting this bill as it moves forward, the proviso being that it will be examined at committee. I would say to my friend that the intention, of course, in the examination of all legislation, is that the committee will have the opportunity to hear from officials if the committee wants justice officials to come before it, and I will certainly be appearing, to speak to the charter compliance, the constitutionality, so to speak, of the legislation.

However, let me be clear. It is not this government's intention to shy away from bringing forward legislation that we feel protects the public, and in this instance, protects animals that serve the public, because of the fear that somehow, somewhere, it may be challenged or that a judge may decide to strike it down. We are, after all, elected to this place and elected to government to act in the best interests of what we feel will serve and protect Canadians.

It is interesting to note that the Liberal Party, when in government, had no hesitation in bringing forward mandatory minimum penalties. In fact, many of the penalties found in the code today find their origins in the Liberal Party. There has been, as we have seen in a number of cases, a great deal of duplicity coming from the Liberal Party on this subject.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:40 a.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank the Minister of Justice for his opening speech in the debate on Bill C-35. I have to say that we must applaud the intentions of this bill, which are very worthwhile. That said, its application poses many problems. Over a period of nine years, this government has shown many times that it was wrong to attempt to push bills that pander to specific groups.

The Minister of Justice said at the start of his speech that he wanted to send a message. I would like him to tell me to which group of voters this message is being sent.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:40 a.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, clearly the message is for everyone, for every person who intends to injure an animal.

This is consistent with existing provisions in the Criminal Code that are intended to protect animals. More broadly, it is a recognition of the specific role played by police and service animals in society. For those who would intentionally harm those animals, there would be penalties attached. There would be accountability. That, frankly, has been lacking.

We have seen instances, which I have described, of police service dogs and animals who were harmed as a result of their service. Recognizing that in the criminal law, punishing those who commit such offences, would be general and specific deterrents. It would send a message to the offender and would be a general deterrent to those who would be similarly inclined.

This is not some kind of foreign concept or some kind of concept found only in Conservative circles. Having spent a number of years in the courts, general and specific deterrents are applied each and every day by judges across the land.

Would it prevent, in every case, an injury or the death of an animal? Of course not. However, I would suggest and submit that as a government, we have taken steps we think send clear messages on subjects of violence. We want to deter this. We want to protect those animals who put themselves on the line and are in harm's way, and we will continue to do that. Hopefully, we will actually garner some support, for a change, from the NDP on a subject as important as protecting police and service animals.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:45 a.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, like the Minister of Justice, I understand very well the great service provided by animals in law enforcement. However, I am very surprised that the Minister of Justice is sharing his comments on this bill at this point in the parliamentary session. From the broad range of legislation available at this time and in future, why was this bill given priority now? What are the other bills that he is interested in and he believes have priority?

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:45 a.m.
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Conservative

Peter MacKay Conservative Central Nova, NS

Mr. Speaker, I thank my colleague for her question.

Obviously, the Department of Justice has many priorities. There is the response to the Supreme Court ruling with respect to prostitution in the Bedford case. There is the important debate we had last night on protecting children in criminal courts. Also before the House of Commons are the amendments to the bill that, for the first time, would protect victims in Canada.

We have a very busy justice agenda. We have a number of bills, which I just mentioned, and more to come with respect to legislation pertaining to impaired driving and legislation pertaining to other amendments to the Criminal Code. In addition, as we heard just moments ago, at the opening of the session, a lot of private member's bills have come from both the opposition and the government side. That is, in fact, the origin of this bill. It was the member for Richmond Hill who brought this matter forward in the form a private member's bill. We have adopted it as government legislation. We prioritized this bill, along with many others.

We hope we will have enough time to debate these in the coming months and see them become law for the protection of all Canadians.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 10:45 a.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I am very pleased to rise today in the debate on Bill C-35, An Act to amend the Criminal Code (law enforcement animals, military animals and service animals).

We will support the bill at second reading so that we can study it more thoroughly in committee. I would like to mention that I will try to direct my comments in the rest of my speech to the minister so that he can take our concerns about Bill C-35 into consideration.

The minister clearly defined the guidelines for developing this bill, more commonly known as Quanto's law, which refers to an incident in Edmonton. A police dog was killed during a police operation. Sadly, he was stabbed while trying to intercept a fleeing suspect. I think the police made representations and denounced the lack of legal standards regarding cruelty to animals.

In the 2013 speech from the throne, the Conservative government said that it intended to crack down on cruelty to service animals, which is why we are debating Bill C-35 today.

The general purpose of the bill is to amend the Criminal Code to create a new offence. In a nutshell, this is the definition of the offence created by Bill C-35, which will add the following after section 445: “Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a…service animal”.

In the other provisions of the Criminal Code, animal cruelty offences almost all carry a maximum sentence of up to five years in prison. This new section is in line with the other sentences in the Criminal Code. However, the first problem is that the minimum sentence is set at six months. Under Bill C-35, if a law enforcement animal is killed during the commission of an offence, while aiding a police officer in enforcing the law, a minimum sentence of six months applies.

I already asked the minister why the Conservative government is choosing once again to attack judicial discretion and go against what almost every criminal law and criminal justice expert is saying, namely that mandatory minimum sentences do nothing but hinder the justice system. It is recognized. Even experts in the U.S., which as we know chose to adopt a much harsher and punitive approach to criminals, are backtracking. They are telling the Conservative government that they already tried this approach, but it did not work. The United States currently has the highest incarceration rate in the world and that comes with a hefty price tag.

We realize that the idea behind minimum sentencing was to deter people from committing offences. Even the Department of Justice has recognized that the deterrent effect of minimum sentences has produced very little return on investment. The justice system is even more packed than before and the incarceration rate is going through the roof. Minimum sentences cause all sorts of problems.

I do not understand why the government wants to bring in a six-month minimum sentence for this type of offence. Let us be clear: animal cruelty is absolutely unimaginable. However, I know how the Conservatives operate.They will immediately point the finger to the NDP and say that we are siding with criminals and so on, but that is not true.

We simply want to have the best possible legislation that respects the fundamental principles of Canada and the Canadian Charter of Rights and Freedoms, by imposing appropriate sentences on people charged with animal cruelty. The second problem has to do with consecutive sentences when an offence is committed against a police dog.

These two problems call for this bill to be studied in committee so that we can hear from experts on the matter. We know for certain that mandatory minimum sentences do not work. They eliminate judicial discretion and dramatically increase the incarceration rate. We already have a major problem when it comes to access to justice and there are already delays in proceedings.

I think I have made myself clear. I therefore ask the Minister of Justice to work with us to find a solution that honours not only the great work that law enforcement and military animals do every day, but also the fundamental principles of our justice system.

Furthermore, I think it is important to add something here about aggravating circumstances. The last clause of Bill C-35, which provides direction to courts on sentencing the accused, is worded in such a way that judges and courts must take into account the deterrent effect of the sentence. Courts are being given some discretion in imposing a sentence, but at the same time, they are being forced to impose a minimum sentence of six months.

I would like to tell the Minister of Justice that the aggravating circumstances in the last clause of the bill could be a better legislative measure than imposing a minimum sentence. The last clause of the bill could be worded in such a way that courts should take into consideration the deterrent effect intended by the legislation, but also the aggravating circumstances of an offence, so that judges can impose the appropriate sentence for an offence.

I would like the minister to work with us and realize that the minimum sentence might not be the best legislative measure.

As another aside, I would like to talk about animal cruelty. Since the Conservative government came to power in 2006, it has done nothing. It has never taken into account our position on animal cruelty. We have all had animals before, and many of us might have pets.

Everyone can agree that they are family members. We love them like our children, brothers or sisters. When I go door to door in my riding, I see that people love their animals, and I am sure that all my colleagues have seen this too. Animal cruelty is repugnant to all of us, to all Quebeckers and all Canadians.

Preventing animal cruelty is one of the Conservative government's priorities. If the government is looking to introduce this bill now and pass it before Parliament breaks for the summer, it must be because the government believes that animal cruelty is an extremely important subject and must be regulated. I would therefore like to talk about two bills that the NDP introduced in this Parliament, and I would like the minister to tell me whether or not the Conservatives will support them.

The first is Bill C-232, which was introduced by my colleague from Parkdale—High Park. This bill would remove animals from the section of the Criminal Code on property and create a new section for animal cruelty offences. In short, animals would be considered people and not property. Under the existing legislation and the Criminal Code, a person must own the animal or have some connection to it in order to be found guilty of animal cruelty. The definition of “animal” is inadequate. It must be reviewed and so must the provisions of the Criminal Code.

Bill C-232 would allow the justice system to deal more effectively with animal cruelty offences and increase the possibility of conviction for animal cruelty offences. This is a good bill. My colleague from Parkdale—High Park met with thousands of people who support this bill. I would therefore like to ask the minister if he will work with the NDP to regulate animal cruelty offences and strengthen the provisions in that regard.

The second bill I would like to talk about is Bill C-592, which was introduced by the member for Notre-Dame-de-Grâce—Lachine. This bill seeks to better define what an animal is under the Criminal Code and define what is meant by intent and acts of cruelty. I would once again like the minister to tell me whether the Conservative government will support these two bills, Bill C-592 and Bill C-232, which seek to modernize the Criminal Code and better regulate the treatment of animals.

What message does the government want to send to all Canadians?

After what happened in Edmonton, it is completely understandable for people to be outraged. This incident was the last straw and it showed the importance of this issue and the gaps in the Criminal Code when it comes to animal cruelty.

It is all well and good to regulate in response to a situation but what about the thousands of other situations that we hear about in the media regarding shelters and slaughterhouses? What are we doing right now to regulate animal cruelty?

I would like to thank the minister for introducing this bill. I think we should work on it, and I hope that the minister will be open to some amendments.

Today I would like to ask the government what it is doing to regulate animal cruelty. There have been scandals in the past several years about mistreatment in shelters and slaughterhouses. Why have they not done anything? Why did they just decide now to introduce this bill, a bill that only addresses a small fraction of animals? This bill addresses trained law enforcement animals, military animals and service animals. The word "trained" is part of the definition. What are they doing for animals destined for consumption? What about animals in shelters or animals that are abandoned?

It is important to understand that all animals are worthy of being protected. I do not want anyone to interpret what I am saying as meaning that we do not agree with protecting law enforcement or military animals. I think this is a good initiative, but what about all the other animals?

The fact that the definition being added to the Criminal Code covers trained animals means that some animals may be excluded. What is the difference between a law enforcement animal and a domestic animal, for example, in a case in which a dog is killed while trying to defend his owner from a thief? The dog is not necessarily trained for that. There are a number of situations that the Conservative government does not seem to consider important. The government may think that the legislation is enough, but it is not. Canadians have spoken out, and they have called on the government to modernize the Criminal Code.

I would simply like to reach out to the minister and ask him what we can do today to pass laws regarding animal cruelty.

The NDP is here today. I hope to have the minister's support for our Bill C-592 and Bill C-232, so that we can work together to ensure that individuals found guilty of mistreating animals receive the penalties they deserve.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 11:05 a.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, I thank my colleague from the NDP for her thoughtful speech. In response to her query about other NDP private members' motions and bills, they will follow the normal course and there will be opportunity to debate them in the House. However, we are here to talk about a specific government initiative.

As with last night, when we discussed the very important subject of protection for children from sexual predators, I find it somewhat stunning and perhaps disingenuous that NDP members always tend to present the argument that a bill is coming too late, or it is not soon enough, or that it should have been presented sooner, yet in the same breath suggest that it is flawed and cannot proceed and that mandatory minimum penalties when children are sexually abused or when a service animal is killed in the line of duty are somehow, in some way, offensive to their sensibilities and that it is offensive to Canadian values that we would ask for mandatory minimum periods of incarceration as a condemnation of that type of serious activity.

Sexually abusing a child or killing a police animal while it is conducting the task for which it is trained, in my view, requires serious denunciation. That is the view and the position of this government. If the NDP and others want to argue against that and suggest that somehow we should coddle these criminals and simply put them in counselling or on probation, then I suggest that they are sadly out of step with where Canadians see these types of criminal behaviour.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 11:05 a.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, we are having a reasonable debate in the House of Commons, so I would appreciate it if the minister would respect each and every opinion and not make unfair insinuations about my intentions. I said that Bill C-35 was important and that it is a good first step. We can work with it.

The Minister of Justice is not even listening to his own experts, who are saying that minimum penalties do not have the intended deterrent effect. They do not work. That is what the United States and experts from the minister's own department are saying. All I am asking is that we create the best legislation possible for service animals and for all animals.

It is easy for the minister to rise, point a finger at members of the opposition and make us out to be the bad guys. However, I am simply asking if he is ready to take up the fight against animal cruelty right now and agree to our initiatives, which are in line with the government's idea of imposing appropriate penalties on those who abuse animals.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 11:05 a.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, I would like to thank the hon. member for La Pointe-de-l'Île for her speech and for all the work she does in the House and her riding.

Does she know if the government asked for a legal opinion about this bill in order to determine if mandatory minimum penalties violate the Canadian Charter of Rights and Freedoms?

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 11:05 a.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I would like to commend the hon. member for Parkdale—High Park for her work on her animal cruelty bill.

After his speech, I asked the minister whether he had asked for a legal opinion, and I got a rather evasive response. He said that a number of legal experts looked at the bill, but we do not know if they gave the government a legal opinion. The minister did not mention it in his bill.

It is clear that the government is not even listening to its own experts. We have seen that a number of times. All of the experts agree that mandatory minimum penalties do not work and that they take away from a judge's discretion in court. Will the minister take that into account at the committee stage? I hope so.

It in no way detracts from the importance of imposing appropriate penalties on those who abuse animals, but I do not think that mandatory minimum penalties are the best way to go.

Justice for Animals in Service Act (Quanto's Law)Government Orders

June 3rd, 2014 / 11:10 a.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my colleague from La Pointe-de-l'Île for her speech, and particularly for correcting the Minister of Justice as she did. The speech made by the member for La Pointe-de-l'Île was eminently reasonable, in fact.

The Minister of Justice wanted to send a message during questions and comments, and I simply had to ask him whether that message was directed to a specific constituency. We may wonder. This is a very particular bill, with very strong images, that is of very limited use. In view of the provisions for mandatory minimum sentences and consecutive sentences, it could even have negative consequences.

What exacting and rigorous work does my colleague want to do, therefore, to improve this bill in committee?