Bill C-35 (Historical)

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 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.

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

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I will try to bring the conversation back to the bill at hand.

At committee we heard from Barbara Cartwright of the Canadian Federation of Humane Societies. She indicated that the existing animal cruelty laws were ineffective in part because of the words “wilful negligence” and the difficulty in proving wilful negligence as a barrier to effective prosecution in animal cruelty cases.

In spite of that evidence, in this bill the government has decided to include the world “wilful” in the key clause that deals with the killing of a service animal. Would the member agree with me that the government's insistence on including that word will make the legislation less effective and will result in it having the same problems as those in the present animal cruelty laws?

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I do not think there is any question that what the member for Charlottetown has said is true. That is what witnesses said before committee. Putting the qualifier “wilful” in the legislation is such a narrow qualifier that it will make it much more difficult for the prosecution to attain success at trial. It is again part of the government's history.

If amendments are proposed by either witnesses or opposition parties at committee stage, the government for whatever reason will not take that advice. That is one of the reasons why the government has seen so many legislative measures turned back by the courts. The government needs to learn that we are all part of this place, that we all have ideas, and that amendments made by opposition members at committees can make bills better. The government has again fallen short with respect to this bill.

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

Mr. Speaker, I will be splitting my time with the Parliamentary Secretary for Status of Women.

I would like to begin my remarks today by acknowledging the broad support Bill C-35 has had, the justice for animals in service act. It has received support not only in the House, but also from Canadians across the country. Commonly referred to as Quanto's law, this bill is evidence of the government's continuing commitment to bring forward criminal justice legislation that would contribute to making Canadian communities safer.

By way of background, it should be noted that the Criminal Code has contained offences relating to the treatment of animals since 1893, and the current set of offences has existed since 1953. The penalties in the existing law were increased in 2008. Currently, an offence is committed under section 445 of the Criminal Code when someone wilfully and without lawful excuse kills, maims, wounds, poisons or injures an animal other than cattle. The maximum sentence that may be imposed when this hybrid offence is prosecuted as an indictable offence is five years imprisonment.

As well, 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 the animal where the amount is readily ascertainable.

As many members know, Quanto was an Edmonton police dog who was stabbed to death on October 7, 2013, while he was helping to apprehend a suspect. The person who killed Quanto was later convicted under section 445 of the Criminal Code for deliberately killing a dog and for other offences resulting from the incident that occurred on October 7, 2013. This man was sentenced to a total of 26 months in prison, and the judge who sentenced him specifically said that 18 months of that sentence was for killing Quanto. He said that this was not just an attack on a dog. “It's an attack on [our] society and it's an attack on what's meaningful in society.”

The tragic death of this law enforcement animal struck a chord with a lot of Canadians and many in the law enforcement, legal and community groups called for greater recognition and protection of service animals.

Bill C-35 is the government's response to the commitment made in the 2013 Speech from the Throne to pass legislation such as this in order to recognize the risks taken by the animals used by the police to help enforce the law and protect society.

Dogs like Quanto have been employed by Canadian law enforcement agencies for many years. Sadly, from time to time, some of these law enforcement animals have been intentionally injured or killed by criminals in the course of police operations. The loss of such highly trained and motivated members of a law enforcement team not only has a direct operational impact on its ability to protect the community, it has significant financial implications for the affected police service.

The Royal Canadian Mounted Police has estimated that the cost to train a police dog and its handler as a team is in excess of $60,000. The government believes that the creation of a specific Criminal Code offence that includes a specially tailored sentencing regime would contribute to the denunciation as well as deterrence, both general and specific, of such crimes in the future.

Bill C-35 proposes the creation of a new specific hybrid offence of killing or injuring a law enforcement animal, a service animal or a military animal. These three terms are defined for the purposes of the new offence. The objective of the amendment is to denounce and deter this conduct.

A law enforcement animal would be a dog or horse which has been trained to aid law enforcement officers in carrying out their law enforcement duties. A service animal would include an animal that has been trained to perform tasks that assist people with disabilities. This would include, for example, guide dogs for persons who are blind or have reduced vision and dogs trained to assist persons suffering from post traumatic stress disorder.

A military animal would include an animal trained to aid a member of the Canadian Armed Forces in carrying out his or her duties. The proposed sentencing regime for this new offence will be similar to the existing regime of the Criminal Code offence for killing or injuring an animal in section 445, but with the following enhancements.

First, Bill C-35 proposes that the Criminal Code be amended to provide that denunciation and deterrence are the primary sentencing objectives in respect of such offences.

Second, where a law enforcement animal is killed in the line of duty and the offence was prosecuted by indictment, there will be a mandatory minimum penalty of six months imprisonment.

Third and finally, if the offence is committed against a law enforcement animal, the sentence would be served consecutively to any other sentence arising out of the same event.

I would like to say something more with respect to the second and third enhancements, the mandatory minimum term of imprisonment, and the consecutive sentencing.

During the second reading debate of Bill C-35, there were questions raised regarding the constitutionality of the mandatory minimum penalty of six months' imprisonment that would apply to the new offence of killing a law enforcement animal that was assisting a law enforcement officer in carrying out his or her duties. The government's position remains that the mandatory minimum penalty imposed by Bill C-35 would not result in the imposition of a grossly disproportionate sentence that could be found to be cruel and unusual punishment punishment under the charter. If this provision is challenged, the government will vigorously defend its constitutionality.

The requirement that the sentence imposed upon an offender convicted of the new offence of killing or injuring a law enforcement animal, a service animal, or a military animal be served consecutively to any other sentence that might be imposed on the offender arising out of the same series of events is also justifiable.

Our law recognizes that in certain circumstances, the nature of an offence committed is so serious and distinct that it requires the imposition of a consecutive sentence in order to properly denounce and deter such conduct, even though the offence might be committed as part of the same events or series of events. Bill C-35 is consistent with this existing approach.

Bill C-35 would enhance the protection of law enforcement officers through the addition of a section 270.03 to the Criminal Code. Henceforth, the law would require that the sentence imposed on a person convicted of committing an assault on a law enforcement officer, an assault causing bodily harm or with a weapon on a law enforcement officer, or an aggravated assault on a law enforcement officer be served consecutively to any other sentence that might be imposed on the offender arising out of the same series of events.

In closing, I call on all members to support this bill.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I would like to thank my colleague for his speech.

It goes without saying that no one can oppose such a bill. Obviously, we all get emotional when we hear stories about service animals.

However, why did the government not go one step further with this bill and recognize that animals are not property? For many people, some of whom live alone, a pet is also a sort of service animal, since they have an emotional connection with it.

[Robert Goguen, Conservative, Moncton—Riverview—Dieppe, NB]

Mr. Speaker, the bill is definitely a step in the right direction, a direction mentioned in the hon. member's question.

However, with respect to animal protection, we must also consider and respect provincial jurisdictions. Ideally, if we want to work with the provinces, there must be greater consultation and they must agree.

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I was interested to hear my colleague say that the government will vigorously defend any claim of unconstitutionality with respect to the mandatory minimum sentences contained in the bill. My first question is somewhat rhetorical: how that is working for the government so far?

My other question relates to a discussion that we had at committee with respect to the lawful excuse defence. Within the Criminal Code, there is a lawful excuse defence that applies to Quanto's law. However, there was a new lawful excuse defence inserted into the Quanto's law bill that the officials from the Department of Justice said was redundant.

Can the parliamentary secretary explain and defend the reason for inserting into Quanto's law a redundant provision with respect to lawful excuse?

[Robert Goguen, Conservative, Moncton—Riverview—Dieppe, NB]

Mr. Speaker, I was under the impression that this speech dealt with protecting law enforcement animals. It was not intended to be a dog's breakfast. We are actually doing pretty well in the constitutional realm. We do, of course, defend all our laws vigorously on a constitutional basis.

With regard to the essence of the offence, it was explained by one of the members of the committee who used to be an RCMP dog handler that when a dog is released to apprehend an offender, there is always the warning “I am letting the dog go.” In essence, when the dog is released, the offender knows that he or she is about to be attacked by the dog. The intent is that there not be an additional mental element inflicted upon the crown to try to prove. The RCMP always advises the offender that the dog is going to be released, so it is not necessary to have this wilful and specific intention available as a defence when the offenders are often advised that the dog is coming.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, I am going to go back to the question posed by my NDP colleague from Trois-Rivières. Although we recognize that this bill is a step in the right direction, my colleague asked why the Conservative government did not go further and protect all animals, thus sending a clear message that the abuse or killing of a companion animal, whether our own or our neighbour's, is unacceptable. The federal government has at its disposal the Criminal Code of Canada, which is outside the provincial realm. I obviously hope that if a bill were brought forward, there would be discussions with the provinces.

Why is the Conservative government not interested in making the abuse or killing of an animal illegal and a Criminal Code offence?

[Robert Goguen, Conservative, Moncton—Riverview—Dieppe, NB]

Mr. Speaker, I believe that the majority of Canadians would be open to possible changes with respect to animal abuse. In this case, however, we wanted to protect animals used in a very specific context. That does not preclude changes in the future. We know that many Canadians love animals. It remains to be seen. That said, we should not let the perfect be the enemy of the good.

[Susan Truppe, Conservative, Parliamentary Secretary for Status of Women]

Mr. Speaker, I am proud and honoured to add my voice in support of Bill C-35, the justice for animals in service act, also known as Quanto's law. This is yet another piece of legislation that our government has introduced with the goal of making Canadian communities safer. In this case, the focus of the legislation is on deterring persons from harming law enforcement animals or other service animals as well as from assaulting law enforcement officers.

From the outset, there has been broad support in principle in this House and across the land for this legislation. What concerns there may have been with regard to one aspect of this proposed legislation, the mandatory minimum penalty of six months' imprisonment for the killing of a law enforcement animal that was assisting a law enforcement officer in carrying out his or her duties when that offence is prosecuted by way of indictment, have, I believe, been addressed in the course of the justice committee's study on the bill.

Before I go further, I want to express my appreciation to all the witnesses who appeared before the justice committee and provided their helpful perspectives on the legislation. It is the personal experiences and expertise they share with parliamentary committees that help us to better understand the objectives of proposed legislation and to sometimes improve it through amendments.

The most common type of law enforcement animal in use today is probably a police dog. Police dogs are specifically trained to assist police and other law enforcement personnel in their work, such as searching for drugs and explosives, searching for lost people, looking for crime scene evidence, and protecting their handlers. Police dogs must remember several hand and verbal commands. The most commonly used breed is the German shepherd.

In the United States, anyone who kills a federal law enforcement animal will face fines and up to 10 years in prison. Similar statutes exist to protect police animals from malicious injury in every one of the states in the United States except South Dakota.

It is the sad truth that Quanto's law could have been named in honour of several other police dogs that have been killed in the line of duty. The Canadian Police Canine Association maintains a valour row on its website. Quanto's story is there, as are accounts of how 10 other law enforcement dogs were killed in the line of duty between 1965 and Quanto's death in 2013.

However, as the association's president admitted before the justice committee, the valour row does not present a complete picture; it includes only those animals that have been brought to the association's attention.

Bill C-35 recognizes and honours the important contribution that police dogs such as Quanto make to law enforcement. However, Bill C-35 also acknowledges the very important role that other service animals play. Through the work of the justice committee, we are more aware of the invaluable assistance that service animals provide to persons with disabilities. I am pleased that the bill would recognize the importance of other service animals. Service animals are trained to assist in performing some of the functions and tasks that persons with disabilities cannot perform for themselves. There are several different kinds of service dogs, including guide dogs, hearing dogs, mobility dogs, seizure alert/response dogs, psychiatric service dogs, and autism dogs.

I suspect that the type of service animal with which most people are familiar are Seeing Eye dogs used by individuals who are blind or have low vision. However, there are other types of service animals that assist persons with other kinds of disabilities in their day-to-day activities. These animals require the same type of recognition and the same type of protection from persons who would wilfully cause them harm.

A psychiatric service animal is a dog that is individually trained for people with an emotional or psychiatric disability so severe that it substantially limits their ability to perform at least one major life task. Psychiatric service dogs would be considered service animals under Bill C-35.

Proposed subsection 445.01(1) would create a new Criminal Code offence that would be distinct from the general offence of cruelty to animals in section 445 of the Criminal Code.

In terms of how this new offence would improve the protection of law enforcement animals, military animals, and service animals over the protection offered under the existing animal cruelty provisions of the Criminal Code, I would note that the enhancement is chiefly about sentencing.

While section 445 and proposed section 445.01 share the same maximum penalties whether the crown proceeds by way of indictment or by way of summary conviction, proposed new section 718.03 of the Criminal Code would require the courts to give primary consideration to denunciation and deterrence as sentencing objectives in respect of the new offence described in subsection 445.01(1).

While courts are required to impose a sentence that is proportionate to the gravity of the offence and the degree of responsibility of the offender, this amendment would have a significant impact on the sentence imposed by the court. It is worth noting that courts are currently required to give primary consideration to denunciation and deterrence as sentencing objectives in regard to assaults committed against peace officers or other justice system participants.

Another important aspect of Bill C-35 is its proposal regarding the sentencing of persons convicted of committing any type of assault on a law enforcement officer, whether it is a common assault, an assault causing bodily harm, an assault with a weapon or an aggravated assault. It would require that a sentence imposed on the offender convicted of having committed such offence be served consecutively to any other sentence that might be imposed on the offender, arising out of the same event or series of events.

For example, there is a report of a break and enter. As the police arrive a suspect is seen running away from the house. A police officer engages in a foot chase with the fleeing suspect. The officer quickly catches up to the suspect and tackles him. The suspect pulls a knife, stabs the officer, wounds him and endangers his life. The officer is taken to the hospital and thankfully survives. Later, the offender is convicted of aggravated assault on a law enforcement officer, pursuant to 270.02 of the Criminal Code. In addition to being convicted of breaking and entering into a dwelling house contrary to section 348, in such a case the proposed amendment would require the sentence imposed for the aggravated assault to be served consecutively to the sentence imposed for the break and enter.

In closing, Bill C-35 would be a fitting legacy for Quanto. It is my view that the spotlight that has been placed on the intentional killing or infliction of harm on law enforcement animals as well as service animals will not soon be forgotten. By enhancing the protection afforded to these working animals we would also be making Canada a safer place for all.

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

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

Although the bill is commendable in itself, there are still some issues. My colleague spoke about some service animals that do not belong to a law enforcement agency or government agency. In committee we heard about private service animals. However, that is unfortunately not reflected in the bill before us.

In the speeches made today we heard about the fact that private service animals are just as dear and precious to their owners as animals that provide a service for government institutions.

How does the member explain this omission from the bill, especially considering the fact that this issue came up in parliamentary committee?

[Susan Truppe, Conservative, London North Centre, ON]

Mr. Speaker, I would like to agree that service animals are certainly very important for many people.

We do have a provision. For example, if animals do not fall under the definition of the proposed new offence they would be protected under the existing animal cruelty provisions included in section 445 of the Criminal Code. It provides that anyone who wilfully and without lawful excuse kills, maims, wounds, poisons or injures a dog, bird or animal that is not cattle and is kept for lawful purpose, is liable for up to five years' imprisonment when the offence is prosecuted by indictment. Therefore, there are other provisions for other animals as well.

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, I listened intently to my colleague, the member for London North Centre. She originally talked about some of the crime legislation that has been brought forward for the protection of Canadian citizens, as well as victims.

My question for my colleague is, why is our government introducing the justice for animals service act, known as Quanto's law?

[Susan Truppe, Conservative, London North Centre, ON]

Mr. Speaker, part of the reason we introduced the legislation is it fulfills our commitment made in the 2013 Speech From the Throne. It is to recognize the daily risks taken by police officers and their service animals in their efforts to enforce the law and protect Canadians and communities. The legislation honours Quanto, a police dog stabbed to death while helping apprehend a fleeing suspect in Edmonton. Quanto had four years of decorated service and had participated in more than 100 arrests. It also recognizes the vital role that service animals play, such as guide dogs, in helping persons with disabilities form a better quality of life and lead more independent lives, or animals used by the Canadian Armed Forces.

This keeps Canada safe. The government is committed to ensuring that people who wilfully harm these animals will face the full force of the law.

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, I wonder if my colleague would comment on a previous question of why not other animals.

Would my colleague agree that in the case of other Criminal Code offences, in offences against a police officer, assaulting a police officer, police officers are human beings? They represent law and order and authority in this country. These service dogs and service animals represent law and authority, and I would suggest that is why we have this law. They are service animals in service of not only the individual but also of their community and their country.

We have also previously heard NDP members talking about mandatory minimum sentences and how Republicans in the United States are reducing their sentences. That is because they are about five times what our mandatory minimum sentences are.

I wonder if my colleague could give some examples of how consecutive sentencing provisions would work.