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 / 11:10 a.m.
See context

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

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

As I said in my speech, in any event, we are going to support the bill at second reading so it can be referred to committee. If the minister refuses to listen to his own experts, we are going to hear what they have to say about consecutive sentences and mandatory minimum sentences, in the hope that the minister will want to work with us to make this bill as good as it can be—a bill that does not reflect a consensus, but adheres to the spirit of both our system of justice and the law. That would strike a good balance.

What is most important is to have a balance between a bill that legislates on a subject as sensitive and important as cruelty to animals and our justice system, our judges, our experts, and the people who work on the ground.

I hope with all my heart that we will have the support of the government and we will work with it to achieve the best bill possible.

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

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

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I listened to the member's remarks and the minister's questions, and I want to ask the member something in all seriousness. I listened closely to the minister's words, and he basically accused the member, because she raised some questions on mandatory minimums, of coddling criminals.

I do not believe that to be the case at all, but I will give her the opportunity to respond. The minister basically accused the party of coddling criminals. Is that what we do in when we hold debate on the bill?

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

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

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I think my colleague raises an important point about the state of democracy in this Parliament.

I would like to tell the Minister that I came here three years ago, and unfortunately, every time I have risen in the House to state my position and what I thought was best for Canadians, I could be accused of all sorts of things, such as wanting to coddle criminals and be their friend.

In my opinion, every member of Parliament is entitled to a certain degree of credibility. Each one of us is entitled to our opinion so that we can democratically debate an idea, without being accused of being a traitor or of having bad intentions.

Clearly, we are all here for the purpose of legislating. We are legislators, and I think it is important to have a respectful debate. I am entitled to respect, as is every member of this Parliament.

I do not feel insulted by the minister’s remarks, but I would like him to at least respect diverse opinions.

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

June 3rd, 2014 / 11:15 a.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am certainly pleased to speak to this bill, Bill C-35, An Act to amend the Criminal Code (law enforcement animals, military animals and service animals), that was introduced for first reading on May 12.

The origin of this bill came about following the most recent death of a police service dog with the Edmonton Police Service, by the name of “Quanto”. The Conservative member for Richmond Hill presented a similar bill in the fall of 2013, and I congratulate him for that.

This practice is becoming increasingly common, for there to be criminal sanctions imposed on those who harm service animals in other jurisdictions, and the reasoning is the same. These animals provide a service for which they are injected often into dangerous situations, as in the case of police and military animals. I believe the member for Richmond Hill and I were on the same educational trip to Israel where we saw military dogs in action, doing extremely good work; whether with explosives, taking down individuals, or tracking terrorists who might come through some of the security fences to do harm. Those dogs are unbelievably well trained. They provide a public service to law enforcement or military, or against terrorist attacks.

At the same time, all service animals will fill a role that is a critical extension to those using them and thus are animals that must be present in high-risk situations. They go into a crime scene; they protect law enforcement officers from attack by criminals; they are involved in looking for explosives, so these animals are often put into high-risk situations.

The issue is not entirely about protecting these animals, but rather about ensuring that the legislative mechanisms would achieve these objectives. That is what we are talking about today. We had to distinguish between the two. If there is some criticism of this legislation, as we just had a discussion about a moment ago, that does not necessarily mean that there is a problem with the intent of this legislation, which is to protect the animals. There may be a problem with the design of the legislation and how it would be carried out, rather than with the original objective of protecting those animals. It is important to place this legislation in context.

In the course of the past 48 years, 10 police dogs have been killed in the line of duty. The RCMP, Canada Border Services Agency, and Correctional Service have 310 dogs in service currently. The scale of the offence is not as significant as the Conservatives themselves have been implying. I look to the minister's remarks to the member who just spoke. Because there was criticism raised to this bill on mandatory minimums, the member was basically accused of coddling criminals. We have to keep in focus the legislation itself. We need to ensure that the legislation would do what it would be intended to do and would not get thrown out by courts down the road. The point is that the scale of the offence is not as significant as the government has been implying, but that does not minimize the fact that the protection of service animals should be acted upon.

The legislation, while supportable, must be referred to the appropriate committee for consideration and careful examination. I made that point earlier.

The statement introducing Bill C-35 contains the following background information related to the animals to be covered. The legislation proposes Criminal Code amendments that would create a new offence specifically prohibiting the injuring or killing of animals trained and being used to help law enforcement officers, persons with disabilities, or the Canadian Armed Forces.

Persons convicted of such an offence could face up to five years' imprisonment with a mandatory minimum sentence of six months in prison in cases where a law enforcement animal is killed while assisting a law enforcement officer in enforcing the law and the offence is prosecuted by indictment.

If a law enforcement officer is assaulted or a law enforcement animal is injured or killed while on duty, the sentence for that offence would be served consecutively under this legislation to any other sentences imposed on the offender arising out of the same event. I will explain later why we are concerned about that consecutive sentencing as it does take away judges' discretion and maybe at the risk of losing the legislation.

The RCMP currently has 157 police service dogs in service across Canada; 135 are general duty profile dogs and 22 are detection profile dogs. They are used to help find lost persons, track criminals, and search for items such as narcotics, explosives, and crime scene evidence.

In addition to the RCMP, provincial and municipal police services across Canada have integrated police service dogs as part of their everyday service delivery in our communities.

Canada Border Services Agency has 53 dog and handler teams that help to detect contraband drugs and firearms, undeclared currency, and food, plant, and animal products. Mr. Speaker, I do not know if you have seen them work, but these dogs are absolutely amazing in terms of how they can find firearms and narcotics. You may have had an opportunity in an airport to see a dog being led by a Canada Border Services Agency officer checking to see if there are any drugs in baggage. It is absolutely amazing to see the dogs work. They run across the baggage and sniff out narcotics if they are there. They do provide a marvellous public service for Canadians.

As I mentioned a moment ago, when we were in Israel over a year ago we saw how the dogs there could find weapons hidden in vehicles. I cannot emphasize enough the service that these extremely well trained animals do for the public.

Correctional Service Canada uses dogs to help stop the flow of illicit drugs and contraband into federal correctional institutions. It has over 100 dog and handler teams across the country.

The justice for animals in service act applies to law enforcement service animals and Canadian Armed Forces animals. In practical terms, dogs would be the primary animals protected by this new legislation, given that they are the animals most often trained and used to assist law enforcement officers and persons with disabilities.

However, horses are also used by some police forces and the minister in his remarks earlier mentioned that as well. Also, other kinds of animals can be trained as service animals to assist persons with disabilities. They all, as I understand it, would be protected under the justice for animals in service act.

According to the Canadian Police Canine Association, 10 police dogs were killed in the line of duty between May 25, 1965 and October 7, 2013. That is a period of 48 years. Of those dogs, three were killed in the past decade. As indicated, the RCMP, Canada Border Services Agency, and Correctional Service Canada have 310 dogs currently in service.

The Toronto Police Service reported the death of a police horse in 2006.

There is considerable investment in terms of resources in the training of service dogs. The RCMP has indicated that it has 112 police dog teams in Canada at a cost of $60,000 per team. What should also be considered is that service animals, while highly trained, are companions for the officers and individuals that they serve. I will come back to my experience with the police officers, correctional officials, and military personnel who handle these dogs. In many cases, the dogs become a lifelong companion. They are extremely close. The team relationship between the handler and the dog is quite extraordinary.

What requires clarification in this legislation is the issue of service animals. The definition set out in clause 3 refers to “an animal that is required by a person with a disability for assistance”. The issue is how many incidents the government has found with respect to service animals being killed or injured.

The Prime Minister said in a statement on May 12, 2014, that this legislation would send the message that “violence against service animals is unacceptable”. The question is the extent of the problem being addressed with these changes to the Criminal Code.

The legislation, Bill C-35, is not dissimilar to legal sanctions being imposed in other jurisdictions with respect to the protection of police, military, and service animals. In the United States, the Federal Law Enforcement Animal Protection Act contains specific provisions related to penalties for the harming or killing of federal law enforcement animals. The legislation states:

Whoever wilfully and maliciously harms any police animal, or attempts or conspires to do so, shall be fined under this title and imprisoned not more than 1 year. If the offense permanently disables or disfigures the animal, or causes serious bodily injury or the death of the animal, the maximum term of imprisonment shall be 10 years.

However, under the United States' provision, there are neither consecutive sentencing provisions, nor mandatory minimums. The offences against law enforcement service animals are treated as stand-alone violations.

Support for the legislation being considered by the committee would have to ensure that the sanctions to be imposed under the legislation would withstand judicial scrutiny. In response to my earlier question, the minister did indicate that the legislation was checked for charter compliance. That is something that we really need to know.

I hope that the minister will be willing to provide that evidence to committee members to show where the legal advice came from. Is it from the Department of Justice? It is outside advice? Is there charter compliance, especially as it relates to consecutive and mandatory minimums jointly in this particular bill?

This would not be the first occasion to have arisen, as members are aware, where the Conservative government has presented a legislative mechanism containing penalty provisions that have been directly challenged by the courts. In response to what the minister said earlier, there is no problem with the government pushing the envelope and challenging the courts. That is not a problem.

The concern we may have is whether the government is taking into serious consideration some of the advice that is given to it, probably by the minister's own department. We know of certain cases of judicial appointments where the government went outside of government to get an opinion that it felt would be more in line with its thinking, and we know what happened as a result of going down that avenue.

We have seen it even in private members' bills from Conservative members with respect to implementing the Conservative tough-on-crime agenda. It has taken the direct intervention of justice legal advisers to impose amendments limiting the excessive nature of the legislation.

I have seen that in committee several times, where a private member's bill comes in. It is going to do all these wonderful things in protecting victims. The witnesses come in based on the original legislation. After the witnesses go home and leave town, the Department of Justice comes in, implements amendments, usually more than there is clauses in the bill. It completely waters the bill down so it really does not do what the original bill claimed it would do. The backbench members who brought in the bill continue to promote it as if it would and the witnesses who were before committee are usually none the wiser in how it has been watered down.

As has been pointed out by the member for Mount Royal, with respect to the concern on the Conservative government's use of both mandatory and consecutive sanctions, it is important not to remove discretion from judges by making consecutive sentences mandatory in all instances of a particular offence. At times it may be necessary, but to make it mandatory in all instances is probably not the right way to go. Doing so may result in charter infringement in a case where the totality of the punishment is no longer proportionate to the gravity of the offence or otherwise consistent with the purpose of sentencing as provided for in the Criminal Code.

It is certainly possible to make consecutive sentences the norm, while still allowing judges to order concurrent sentences in exceptional cases, providing they give reasons for departing from the usual practice. Such a check would allow Parliament to express its concern about the conduct and denounce it, while at the same time allowing judges to exercise their necessary discretion when doing so could prevent a sentence from infringing on the charter.

As with all matters of sentencing, we must remember that they are after the fact and do not serve as preventive measure, particularly as studies do not show a link between imposition of mandatory sentences and a subsequent reduction in the incidents of those said offences. The previous member spoke extensively about that issue.

These concerns were echoed recently in a Globe and Mail article, March 1, which made the following observation with respect to the use by the Conservatives of both consecutive and mandatory minimum sentencing:

The Conservative government has been overhauling the justice system in the name of crime victims, focusing on longer prison terms and limits to judges’ discretion.

But the proposed rules could run into trouble. They might clash with the Criminal Code’s “totality principle”, which says an individual’s overall sentence should not be overly harsh, or crushing; or they might fall afoul of the Constitution’s ban on “cruel and unusual punishment”.

“The minimums, especially consecutive minimums, don’t leave room for considering the individual offender and the nature of the offence”, Toronto defence lawyer Clayton Ruby, author of Sentencing, a textbook in its eighth edition, said in an interview. “Government doesn’t trust the judges. They appoint them, but they don’t trust them. It’s all about control”.

That is worrisome. The provisions in The Globe and Mail article relate to the attempt to use the mandatory minimum and consecutive sentencing in relation specifically to crimes against children. Bill C-35 would impose those provisions in relation to service animals.

As I have indicated, the need for the legislation may be justifiable, so it is important to have it on the floor. The concern is that once again we see the government create a sense of crisis where there is not one.

I want to emphasize in conclusion, as I have said throughout my remarks, that these service animals provide a tremendous service to Canadians and globally around the world in the protection of public safety. There needs to be measures taken, but let us be careful not to jeopardize the charter rights as well.

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

June 3rd, 2014 / 11:35 a.m.
See context

Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, I listened with great interest to my friend. He referenced the fact that there was a need and in a roundabout way, he seemed to be leaning toward supporting the legislation. Of course we will have a rigorous examination of the bill.

I want to come directly to the point of consecutive sentences, as well as mandatory minimums. We are talking about the likelihood that in very few cases it would be six months for killing a service animal in the commission of an offence, which would be served consecutively where a police officer had been injured in the same incident. Cruel and unusual punishment might be the view of some and may be the view of some judges. Are we attacking the judiciary? Not at all. Again, and I say this for emphasis, it was a Liberal government that put the vast majority of about 60 mandatory minimum sentences into the Criminal Code. Out of some 700 plus sections of the Criminal Code, about 60 involve mandatory minimum sentences.

The member is known for his hyperbole and his exaggerations. He seemed to somehow reference that I was being insulting by defending the government's position. I did not reference a person's intelligence yesterday or today, as a member of the Liberal Party did yesterday. I did not accuse somebody of using government aircraft for personal use, which is untrue and completely false. I have never used government aircraft for anything other than government business. What happened was an attack on one's character to impugn one's integrity in the course of debate.

We are here to talk about government legislation, a bill that we think would protect animals and the public. That is the focus here. We are here to talk about legal principles. We are more than happy to do that, but impugning one's character and suggesting it is somehow malicious to respond to allegations thrown one's way is simply untrue.

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

June 3rd, 2014 / 11:35 a.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I do not know what the minister is referring to, but it sounds terribly serious. There was no intent to impugn character on my part. I did suggest, in defence of the NDP member earlier, that the minister was trying to accuse the NDP of coddling criminals, while talking about this bill. That was going a little overboard. However, I certainly would not impugn one's character. I quite like to stick to the facts, something the government does not always do.

I want to come back to the point earlier, which is the key concerns with this bill. The minister is correct that six months is not a lot of time. However, the principle at stake here is a judge's discretion and the fact that there are minimums put in place that may not withstand challenges if they are to occur. That is the key point. We are trying to examine the legislation and get it through. If it meets all the criteria it should meet, then let us get it through. However, we do not want to see a situation where it gets challenged in the courts and then turned back. Therefore, we are trying to help the government out. Sometimes it gets a little reckless.

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

June 3rd, 2014 / 11:40 a.m.
See context

Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, the position of the Liberals has been that mandatory minimums might somehow create a constitutional or charter challenge, and they have been bringing this up over and over again. Where this is the case, we know the rulings are clear. Where they constitute cruel and unusual punishment, they become unconstitutional. That ruling has been levied very few times on the vast majority of sanctions imposed by the Liberal government itself for mandatory minimums, as the minister indicated.

It is interesting that we are talking about that context between cruel and unusual punishment for an individual who is putting cruel and unusual treatment on a service dog. The member articulated clearly that they are well trained, that great Canadian and public expense goes into training these dogs, that there is a tremendous amount of safety and security provided to the Canadian public by these dogs and to the law enforcement officers they serve and that there is tremendous value to protecting service animals, not just police animals but service animals.

Does the member recognize the contradiction in that we are talking about effectively and reasonably sanctioning people for cruel and unusual treatment of animals that are providing our country with the greatest of service and we are letting that get hung up by an anticipatory cruel and unusual treatment of the people who are offending this law.

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

June 3rd, 2014 / 11:40 a.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, what the member does not seem to understand is that the discretion of judges is important. There will be instances, there is no question in my mind, where judges can back up with evidence during a court hearing that sentences should be longer. There will be other cases where maybe sentences should be shorter. My point on this legislation is to ensure that it is not excessive in its actions and gets turned back by the courts.

The fact is, yes, if a crime has been perpetrated on an animal, a dog or a horse, and we have seen some of those, then penalties have to be imposed. There is no question about that. However, I have confidence in the judicial system in that judges will do their job. They will look at the evidence and the circumstances and impose the proper sentences.

The other thing we run into with all of these mandatory minimums, not just in this legislation, is if defence lawyers say that there are mandatory minimums and unless they fully win the case, or they are beat before they start, they may as well fight it to the end. Because there is no ability now to negotiate, no ability to come to an agreement, what happens is there is more court time taken up, more judges are needed and there is more time spent in courts with defence lawyers. They know there is a mandatory minimum and there is no way they can create the evidence to lessen the sentence, so it is all or nothing.

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

June 3rd, 2014 / 11:40 a.m.
See context

Conservative

Mark Warawa Conservative Langley, BC

Mr. Speaker, I have listened intently to my friend across the way. I was substituting in the justice committee last week, during which a very interesting comment was made, and I would like his opinion on it.

Often the courts and legislators struggle to find the balance in protecting the victim with different legislation. The comment made last week by a witness was that the balance should always go to the charter and not to the victim. I would ask the member that same question.

The member talked about possible charter challenges and was concerned about that. If we are trying to find a balance, would he like the balance to go to the benefit of the charter or to the victim?

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

June 3rd, 2014 / 11:45 a.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I missed that justice committee meeting. That is not my committee; I am on public safety, so I did not hear that particular statement. However, in my view, getting into that kind of a discussion is a mug's game. It is not about that issue. The charter is there to protect the rights of everyone, and the rights of victims as much as or more than anyone else's. That is the bottom line. We are very fortunate to have a Charter of Rights and Freedoms in our country that gives everyone those protections.

One of my concerns over some of these private members' bills coming forward at the public safety committee is that the thrust of the legislation itself often revictimizes the victims, especially when a bill comes in that a backbench member says is going to do a, b, c, and d, and after we hold the hearings and after those victims go home, the Department of Justice amends the bill with six or seven amendments and the bill no longer protects the victims the way we had hoped it would. That is revictimizing the victims.

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

June 3rd, 2014 / 11:45 a.m.
See context

Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I am very proud to stand today and to have this opportunity, on behalf of my constituents in Richmond Hill, to speak in favour of Bill C-35, the justice for animals in service act, or Quanto's law.

This legislation would ensure that those who harm law enforcement, service, or Canadian Armed Forces animals face serious consequences.

Before I go on to the content of my speech, I want to take the opportunity to thank the Right Hon. Prime Minister for including this piece of legislation in the throne speech back in October of 2013. I also want to thank our Minister of Justice for the focus and attention he gave to this particular piece of legislation in his agenda of a multitude of requests and justice-related matters that he focuses on and has to focus on.

I want to also thank them for giving me credit for having introduced it as a private member's bill.

However, I do want to say this: the legislation the government has introduced would go beyond my initial private member's bill, Bill C-515, which was focused solely on law enforcement animals. The new offence proposed by Quanto's law addresses the intentional killing or injuring of a law enforcement animal, but it also includes service animals such as guide dogs for the sight-impaired and animals that are helping Canadian Armed Forces personnel carry out their duties. These animals also benefit Canadian society. I think the inclusion of them in this bill make it a much better bill, so I want to thank the Minister of Justice for expanding the bill and for tabling it in the House today.

Our government recognizes that these animals play a very important role in protecting our communities and improving the quality of life for Canadians. The proposed legislation is aimed at denouncing and deterring the wilful harming of specially trained animals used to help law enforcement officers, persons with disabilities, or the Canadian Armed Forces.

In regard to just that statement by itself, if there is anything we could do as a Parliament to denounce and deter those who would have that inclination, that intent, to hurt a service animal that is there to protect us, to protect human beings, to protect our society, to protect our communities, that in and of itself is, I believe, strong enough justification for all members of this chamber, irrespective of party affiliation, to give serious consideration to supporting Bill C-35, Quanto's law.

I know that from time to time in this House we see, on an ongoing basis, some pretty heated debate. We get partisan comments on all sides of the House, and I understand that. It is the government's role to govern and to bring in legislation; it is the opposition's role to hold the government to account.

However, I believe this is one piece of legislation that transcends the lines of partisanship. It would impose penalties upon those who would harm those service animals we train to protect us.

We heard a bit about the cost of training such animals. I have read that it costs upwards of $60,000 to train a police dog, for example, and in excess of $40,000 to train a guide dog. A lot of focus has gone into training these animals and developing them as part of a team to protect their partners in the execution of their duties.

I realize that cost should not drive justice legislation, but I want to point out that in addition to the obvious benefits that we get when these animals are protecting us, it does cost a lot of money to train them in the first place.

The introduction of this legislation fulfills our government's promise in the 2013 throne speech to recognize the daily risks taken by police officers and their service animals in their efforts and to enforce the law and protect Canadians in their communities.

The legislation honours Quanto, a police dog stabbed to death in the line of duty while trying to apprehend a fleeing suspect in Edmonton, Alberta. Quanto had four years of decorated service and had participated in more than 100 arrests prior to his death in October 2013.

It is not lost on me, and I am sure it is not lost on a lot of Canadians, that the stabbing of Quanto while the suspect was being apprehended could have easily been done to his partner, Constable Matt Williamson, but the animal was there to protect his partner and took the hit for him. It was a selfless act on the part of the animal. The least we can do as parliamentarians is ensure that we have legislation that imposes penalties on those who would act in such a heinous manner toward an animal that is there to protect us.

I also want to pay tribute to the many animals, police service animals in particular, that have lost their lives in the line of duty. When I introduced my private member's bill back in 2013, I referred to Brigadier, a police horse in the Toronto Police Service that was deliberately hit by a vehicle driven by a criminal. That hit cost the animal its life, but it protected Constable Kevin Bradfield, who sustained some injury but did not take the impact. The animal took the impact of that hit. This is yet another example of a selfless act by a police animal hurt in the line of duty while protecting its partner, protecting a human being.

I would like to quote the Prime Minister when he was in Edmonton a few weeks ago to announce this legislation. His words are worthy of mention once again for the benefit of all members in the House today and for those throughout the country who are watching us in our deliberations. This is what the Prime Minister said:

Quanto’s violent death is a powerful and sad reminder of the dangers that law enforcement animals often face in assisting officers to protect Canadians and communities. This legislation honours those faithful animals and emphasizes the special role that they play. Our Government is committed to ensuring that people who wilfully harm these animals face the full force of the law.

We know that they are animals and that they are not human beings, but just because they are animals does not mean that we of necessity have to be heartless and not recognize their selfless contribution to keeping our communities safe.

The Prime Minister went on to say:

This legislation also recognizes the vital role that service animals, such as guide dogs, play in helping persons with disabilities benefit from a better quality of life and lead more independent lives. This sends the message that violence against service animals is unacceptable and those who commit such callous acts will pay the consequences.

One of the things that has not received much focus is the impact on the partner when a service animal is hurt. An animal assigned to a police officer or assigned to someone who is sight-impaired is a partner.

In the case of someone who is blind, the service animal is the eyes of the blind person. It is a partner. It is an animal the person relies on for protection and companionship and to ensure that they are at all times kept out of harm's way. They are very important. When one of these animals is injured, it has a tremendous impact not only on Canadian society but on the partner of the animal.

Having met Constable Matthew Williamson, who was Quanto's handler, and Constable Kevin Bradfield, who was Brigadier's handler, I know the impact it had on them and their families because of the close attachment they had to those animals. They know very well that these animals were there to protect them and to apprehend criminals in the line of duty.

In our society, service animals have become an integral part of law enforcement. They assist with search and rescue efforts; tracking criminals; and searching for narcotics, explosives, crime scene evidence, and lost property. They serve as VIP protection, in some instances, and in crowd control, hostage situations, and police and community relations.

All of us as parliamentarians travel. We travel across the country and back to our ridings. Invariably, as we walk through an airport, we will see a service animal with the Canada Border Services Agency sniffing luggage as it is going around on the conveyor belt. They are trying to identify anything illicit in the luggage. Occasionally they find narcotics, which could end up in our communities, schools, around our families, and in our malls. They could end up doing no good and an awful lot of harm to Canadians. We have to thank the animals who have had tens of thousands of dollars worth of training to sniff out those narcotics before they get to our communities.

Do we not have a responsibility to do something a little extra to protect these animals? I would submit that we absolutely do. It is our obligation, and that is what this bill aims to do.

The RCMP currently has 157 police service dogs in service across Canada. Of those, 135 are general duty police profile dogs and 22 are detection profile dogs. They have specific training to execute their responsibilities.

In addition to the RCMP, provincial and municipal police departments across Canada have integrated police service dogs as part of their everyday service delivery in our communities. I spoke to the York Regional Police Chief, Eric Jolliffe, and he congratulated me when I initially proposed this bill to the House. He spoke to me as recently as a few weeks ago about how pleased he is that we are moving forward with this piece of legislation, as York Regional Police have a very large canine unit.

By the way, I would like all members of the House to know that law enforcement officers are thrilled that finally we are focusing on protecting their partners that are used as tools in the execution of their duty of protecting Canadians.

Service animals' involvement in law enforcement goes well beyond the police. As I mentioned earlier, the Canada Border Services Agency uses them. In fact, the CBSA has 53 dog and handler teams that help to detect contraband drugs and firearms, undeclared currency, and food, plant, and animal products. That just opens up a whole slew of things we could be discussing here today.

Additionally, Correctional Service Canada uses dogs to help stop the flow of illicit drugs and contraband into federal correctional institutions. They have over 100 dog and handler teams across Canada.

Service animals are active and indispensable members of our society who, with their handlers, work with dedication to ensure that Canadians remain safe in their communities.

I could expand on the importance of having service animals at correctional institutions, because keeping drugs and contraband out of our correctional institutions certainly will assist in the rehabilitation of those individuals who are incarcerated.

Not only have they been given important responsibilities, but these animals also have an unbreakable bond with the officers who have the honour to be their handlers. That makes losing a service animal in the line of duty very difficult.

Constable Matthew Williamson of the Edmonton Police Service Canine Unit, who was Quanto's handler, along with the entire Edmonton Police Service, was shocked by the loss of their friend Quanto.

Scott Pattison, spokesperson with the Edmonton Police Service, noted the strong connection between the handlers and the dogs, saying that, “The dogs go home with the members and they’re part of their own families really. These animals perform their jobs every single night on behalf of the citizens of this city with extreme courage”. That applies to every police dog across this country.

That is why our government was extremely proud to introduce this legislation to ensure that harm committed against these dedicated animals would become a criminal offence.

Bill C-35 proposes Criminal Code amendments that would create a new offence specifically prohibiting the injuring or killing of animals trained to help law enforcement officers, persons with disabilities, and the Canadian Armed Forces.

The member for Malpeque earlier mentioned our visit to the canine unit in Israel. We saw first-hand an example of how these animals perform in trying to protect military officers. It is very impressive, and it is selfless service on the part of the animal.

Persons convicted of such an offence could face up to five years of imprisonment, with a mandatory minimum sentence of six months in prison in cases where a law enforcement animal was killed while assisting an officer in executing the law and the offence was prosecuted by indictment.

The minimum sentence would be six months. I have heard members in this House this morning speak about the mandatory minimum sentence of six months. I want to highlight once again that it is six months. It is a minimum of six months for someone who pulls out a knife in Edmonton and repeatedly stabs an animal. It is unbelievable.

To ensure that persons convicted of harming police service animals would be sentenced properly according to the crimes committed, Bill C-35 contains measures whereby if a law enforcement officer was assaulted or a law enforcement animal was injured or killed while on duty, the sentence for that offence would be served consecutive to any other sentence imposed on the offender arising from the same event. This would ensure that the punishment matched the nature of the crime.

The justice for animals in service act applies to law enforcement animals, service animals, and Canadian Armed Forces animals. In practical terms, we need to protect these animals.

I am running out of time, so I will conclude by saying that our government's tough-on-crime legislation is being met with continued dedication as we work to ensure that our justice system is fair and efficient. Enacting this particular piece of legislation would finally codify an official offence for the act of injuring or killing service animals.

We must stand up and protect these animals who are giving their lives to protect us. I urge every member of this House to reflect on these comments, look in their own hearts, and join us in unanimously passing this very important piece of legislation.

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

June 3rd, 2014 / 12:05 p.m.
See context

NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, the official opposition will support this bill at second reading so that it can be studied in committee, but I want to inform my hon. Conservative colleague that, once again, this bill is an affront to the discretionary power of judges. The minimum penalty will be less than two years, so once again, the federal government is making a decision that dumps a responsibility onto the provinces. Many provincial legislatures have raised this problem.

Furthermore, I would like to know why the government did not consider the opinion of the provinces, which are calling on the government to stop doing this. The dog that was stabbed and unfortunately killed was the inspiration behind this bill. Is it not true that the person who committed this crime received some rather harsh penalties? This bill addresses something that is not really a problem, and it creates more discord with respect to the provinces' prison system.

Will my colleague at least admit that there are problems with this bill?

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

June 3rd, 2014 / 12:05 p.m.
See context

Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, let me thank my hon. colleague opposite for his question. It is a very pertinent and important one.

I am delighted to see that the official opposition will be supporting the bill through to second reading, and it will have an opportunity to be discussed and deliberated on by the justice committee. As the justice minister said this morning, he would be delighted to appear before the justice committee along with his officials to respond to a lot of the questions.

I will say this. With respect to mandatory minimum sentences, we are talking about a six-month period. The criminal who stabbed Quanto has already been charged and sentenced and is imprisoned in Edmonton.

It would be a six-month period, taking into consideration a lot of breaks these criminals get for time served before they are actually convicted. It could even be considerably shorter. The least we can ask for, the least we can expect, is that someone is imprisoned for a minimum of six months for such a heinous crime.

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

June 3rd, 2014 / 12:10 p.m.
See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I appreciated the hon. member's speech. He seemed to be saying that animals, especially service dogs, are not mere property. They are loyal friends, if I am not mistaken.

Would the member not support a bill like the bill the Chrétien government brought in that was stuck in the Senate and then was brought in as a private member's bill by the former member for Ajax—Pickering, Mark Holland, to strengthen the rights of animals such that they would not be considered mere property that can be mistreated by their owners?

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

June 3rd, 2014 / 12:10 p.m.
See context

Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, I want to thank the member for his question, and I also want to thank the Liberals for their indication that they will be supporting this bill through to second reading. I can see that all members in the House see the benefit of having important legislation like this enacted in this Parliament.

With respect to another piece of legislation, I cannot speak to the legislation that was introduced in a previous Parliament. I am not familiar with it. However, I will say that I am an animal lover. Anything we can do to protect our animals we should be doing. This particular piece of legislation focuses on those animals that have no choice. They are, from puppies, trained to protect. They are put in the line of duty, and they do it wholeheartedly and with such commitment that it is a lesson for us as human beings. It is really selfless commitment. They put their lives in danger to protect their partners and to protect all of us.