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

October 23rd, 2014 / 5:40 p.m.
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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank the hon. member for Vancouver East for her very enlightening speech.

At the risk of repeating myself, I want to say that we are studying this bill at second reading in order to send it to committee. That is why we will be supporting it at second reading.

I would like to take advantage of my colleague's extensive experience—she has already been in politics for 17 years—and hear her comments about the committee stage. Unfortunately, during committee work, government members often join forces and use their majority in each committee to reject expert advice and any proposals that come from the opposition parties.

I would like to know how confident she is about the work that will be done on this bill at committee stage.

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

October 23rd, 2014 / 5:40 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, it is a bit of a speculative question but it is certainly worth answering, especially today where in question period the debate in the House was very collegial and we talked about working together. We talked about good will and having respect. I know those are all things that we share, but somehow it gets lost on the way and sometimes it gets horribly lost at committee where real dogfights take place.

It is very disturbing. Committees used to be very collegial. I can remember when committees used to issue quite a lot of unanimous reports because there was a lot of negotiation, give and take, and they would come out with unanimous reports. I see a member across the way who would remember that. That is very rare today because now there is a kind of shadow from the PMO, a rigidity of how to view a bill at committee and a lot of opposition members feel like we are being shut down at committee. It is unfortunate because some of the good work that MPs can do happens at committee. We want to improve the bill. We want to make constructive suggestions.

The question from my colleague is whether I think that will happen. Well, there is always hope, but unfortunately we have seen a very strong pattern at committee of the government members' votes just kind of washing over and that has been very unfortunate. Because this is a bill that we all do support in a way and it is about the welfare of animals that we all care about, maybe there will be some good will to constructively look at amendments. Let us hope for that. I do not want to be cynical, so let us send the bill to committee and hope that we can come out with a better bill. Would that not be a good thing?

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

October 23rd, 2014 / 5:45 p.m.
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NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, after yesterday's events, I would first like to say how proud I am to be able to rise in the House and speak freely in this Parliament and in this democracy. I would like to thank all of the security teams that watched over us and protected us.

There are no words that can truly express the gratitude that I think everyone in the House has for the gentlemen who work to protect the House and all Canadians who come to visit it each day. To stand in the House on this day to speak to this bill is of particular pride.

Bill C-35 is a bill that, in its essence, I am very proud to support. I come from a riding that has a large number of animal lovers. I am a cat person. I recently lost my companion animal. When I open my iPad, it is her little face that I see each time. The desire to protect our animal companions and partners is something of import.

Before I forget, Mr. Speaker, I will let you know that I will be splitting my time with the member for Ottawa Centre.

We are only beginning to make the connection between the four-legged companions by our sides in the domestic and leisure sense. We spend a lot of time, energy and money on the care of these companions. Animals and handlers have that very unique relationship where they are working partners, where these animals willingly put their lives on the line to protect their human handlers. Without question, they put themselves between their partners and bullets or knives. It is only right that we pay them the respect they are due for their unwavering sacrifice and dedication. This is where we come together on Bill C-35.

To be able to say that to harm this animal is to harm myself is extremely important. Unfortunately, where we begin to diverge is in how this is going to be expressed. How are we going to quantify the lives of these animals? Unfortunately, this very noble bill is tainted somewhat by the efforts to yet again introduce mandatory minimum sentences. As I understand our government, we are divided into three spheres: the executive, the legislative, and the judiciary. There are codes in place that create checks and balances so that no one of these sectors, so to speak, can overpower the other.

With the introduction of minimum mandatory sentences, we run into a situation where we invade the jurisdiction of the judiciary. We take away the ability for our judges, who we entrust with their wisdom and knowledge of law, and the intricacies of human nature and human actions, to justly administer the law.

We call it the justice system for a reason. It is not the vengeance system. It is not the vindictive system. It is the justice system. To mete out justice, one must have the ability to take all things into consideration. Justice may be blind, but it is not deaf and dumb. The ability for a judge to take all the evidence into consideration is something that we protect. It is our job to ensure it is done in a way that speaks to our society.

Unfortunately, yet again, the government introduces minimum mandatory sentences, basically using a sledgehammer to kill a gnat. The importance of being able to create a full picture of what a person has done, what crime a person has committed, is the hallmark of our justice system. The sledgehammer analogy that I used is referring to the fact that for some reason the government seems to shy away from the details, the minutia, of the creation of legislation. They say, “Let us put a bill together. Let us make it wrong to do this thing and let us throw them in prison forever”.

That is not our job. Our job as legislators, and the reason we have debates, is to take a concept, an idea, a bill and go through that bill with a fine tooth comb to ensure that when we come to conclusion, each and every detail results in a bill that serves the people of Canada; that it protects the interests of those we are trying to protect and the rights of those who might be falsely accused; and allows for the judgment, from our judges, to take extenuating circumstances, to take all the information that is presented to them, into consideration in handing out a just sentence. The details of Bill C-35 are virtually absent.

We definitely empathize with the origin of the bill. It is nicknamed Quanto's Law. We understand where it comes from and we agree wholeheartedly that our companion animals, those who serve the people who protect us, help find contraband materials at our borders, help find mines in war zones, and help find lost souls in avalanches, should be protected. However, are they really going to be protected with mandatory minimum sentences?

My colleague spoke to the effect of mandatory minimum sentences. She mentioned that we have no real proof that mandatory minimum sentences work.

In this spirit of camaraderie that was expressed today, I hope we can take this noble bill to committee, to look at how we can give judges the latitude to impose the proper punishments on individuals who harm our friends without making it something which is basically killing a gnat with a sledgehammer.

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

October 23rd, 2014 / 5:55 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

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

He also spoke about yesterday's events, as well as what companion animals do for people. These animals can include cats, which he loves. For the constituents we represent, especially seniors, these companions are important.

I would also like the member to talk more about the importance of pets. As we have heard, they can help with security, but they can also help with general well-being. Pets are good for our psychological well-being, which is an important aspect of the role these animals play.

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

October 23rd, 2014 / 5:55 p.m.
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NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

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

Our relationship with animals is truly special and unique. It takes time for service animals to be trained and for a relationship to develop. It is truly special. That is why we need to treat these animals as partners and friends.

They deserve the protections this bill would offer. What I am putting out there is that mandatory minimums is not the way to go. We should give judges the opportunity and range to respond in kind to whatever threat is posed to our animal friends.

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

October 23rd, 2014 / 6 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, the member spoke a lot about mandatory minimums, so I would like to hear his comments. After the speeches we have heard, it is clear that this issue is very important to us with this bill.

During my speech I said that this would take powers away from judges—no one disagrees there—and would put those powers in the hands of prosecutors, but that it was also a question of governance. This bill would remove power from the legislative branch and give it to the executive branch. We know that prosecutors work under the jurisdiction of various justice departments and ministers at the provincial and federal levels. It is not simply a question of effectiveness or even cost. It is also a question of a change in governance.

I would like to hear what my colleague thinks about that.

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

October 23rd, 2014 / 6 p.m.
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NDP

Tyrone Benskin NDP Jeanne-Le Ber, QC

Mr. Speaker, as I mentioned in my speech, the separation of the executive, the judicial and the legislative is something that is fundamental to our system of governance. The introduction of mandatory minimum sentences is dangerous to those divisions because it takes away the flexibility and wisdom of the judiciary, and places the balance in the hands of both the executive and legislative branches wherein the total governance of our nation could become imbalanced.

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

October 23rd, 2014 / 6 p.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I too wish to speak in support of Bill C-35, which we are debating today.

I want to express my gratitude to the guards, the first responders, who basically saved our lives yesterday. They went through a lot yesterday and we cannot thank them enough. Let me be frank. On a daily basis in this place and in this precinct, we take them for granted. Our hearts are with them not only because of what they did for us yesterday but for what they do for us on a daily basis.

I would also like to express my gratitude to the RCMP and to the Ottawa police force. What happened yesterday is fresh in our memory. As this is my first opportunity to rise in the House since the horrific events of yesterday, I want to take this opportunity to thank them. I am grateful for their help. They did their job. If they had not done their job, we might not be in this place today. We should never take that for granted.

I want to thank all of them for not only what they have done for us in the past but particularly for what they did yesterday and will continue to do in the future.

We understand the context of Bill C-35. This legislation is in memory of an Edmonton police service dog named Quanto. I recall many times in this place bills that have been attributed to events or to individuals, but this legislation is quite unique. People who are not aware of the context of this legislation would not really appreciate the fact that we are talking about protecting animals and the importance of what they do.

Some people may be scratching their heads because we are having a debate about dogs in the Parliament of Canada. It would appear to be strange.

However, the context of this legislation is important because of the horrific violence that took place involving this police service dog. It ups our game in looking at protecting those who serve and those who are first responders. That is a good thing and something we should celebrate. Again, I think of the events of yesterday. Now more than ever we can appreciate every device used to protect people.

This legislation is inspired by the case of the Edmonton police service dog named Quanto. It was a horrific event. The dog was stabbed to death during its pursuit of a fleeing suspect. The case really grabbed people's attention in October 2013 and pushed people to act. The Deputy Speaker and one of my colleagues had a private member's bill on this same issue.

We must look at the whole context of first responders. We must look not only at service dogs and what they do in the case of police services but also rescue dogs and what they do to help people who are stranded. Many of my colleagues have given us their stories. This past Fall there were a couple of stories involving kids who had walked away from their homes. Rescue dogs found those kids and they were returned to their homes safely. I was inspired by those stories.

It is important that we look at the whole issue of first responders and that is what this legislation does. Obviously, first responders are supported by technology, but they are also supported with backup, like logistics and communications. We saw that yesterday.

However, to have dogs that are highly trained and supportive gives first responders confidence that they will be supported.

If people do not understand the kind of work our police services and our military do, they might not appreciate the importance of service animals. Service animals have a very long tradition, a history that is not particularly new. What is new is that we are recognizing that their importance merits putting amendments into the Criminal Code to make sure it is recognized.

To branch out a bit beyond police service dogs, having travelled a bit in my capacity as foreign affairs spokesperson, I know that overseas our military uses service dogs to accompany soldiers. Dogs were trained in Afghanistan to help in terms of IEDs, explosives, and munitions. Through their work they provide safety for our military abroad and for civilians who might be affected by conflict. These dogs are there to sniff out explosives so that the explosives can be deactivated and will not be used to kill people. These dogs provide an extraordinarily important service.

We have to understand rescue animals in that context. Particularly with dogs, which I know best, this approach is important.

We also have to understand the importance of these animals in terms of what they are able to provide. It is not just that they are trained to aid and abet the work of first responders, police, military, et cetera; they also provide important support for those people, who are working in highly stressful situations.

We have come to learn a lot about the importance of animals in the field of mental health and the effect dogs can have. I think of what is happening with veterans, for instance. A lot of work being done with veterans uses animals, particularly dogs, to help them. I have seen it with seniors as well. I have seen it with kids with autism, et cetera. It is important to understand this capability, and it is really smart to provide this service to people, because it works.

We have a dog in our home, Wesley. He was a rescue dog from Iqaluit in Nunavut. He is a little West Highland Terrier and a mix of some other breeds—a Heinz 57, if you will, and I know the kind of support he provides our family. My two teenage boys might not be able to talk to me about everything, but certainly they can confide in Wesley. We know that really does help.

We see this as an important good, both for first responders in making sure people are safe as well as in providing that personal support, but there are times when the dogs are put in harm's way or in perilous situations, such as in the example from last October, so it makes sense to put this reform into the Criminal Code. We acknowledge the government's promises in the Speech from the Throne and we look for its commitments on some of the other issues we noted in the Speech from the Throne coming forward as well in regulation legislation.

It is important to note what my colleagues have noted when we are talking about Criminal Code changes. When I was first elected, I recall my colleague from Windsor, the Deputy Speaker, noting the government's agenda on justice matters and saying that it would be really smart to have an overview of the Criminal Code. However, one of the things we should stay away from is putting mandatory minimums on all legislation, which seems to be a dominant response of the Conservative government. The Criminal Code was passed by Parliament and it is important that we get it right, but as my colleague from Montreal stated, the judiciary must have some leeway—some—to interpret and to sentence appropriately after having had a full hearing of evidence provided on a case.

That point is very important when it comes to this piece of legislation and others, simply because when a mandatory minimum law was put in place in the past, judges felt it restricted their ability to sentence in a sensible way. This meant that as a result of the mandatory minimum declaration, justice sometimes could not be done.

That is why, on this side, we believe that a mandatory minimum approach should be restricted to very few cases. Our colleague from Windsor has taught law and understands these issues. I think that the one case for which we have evidence that it might work was in the case of drunk driving, but other than that, we have not seen evidence that it works.

We believe that this is a good initiative. We think that we should go forward, take it to committee, and improve it. We should make sure that the government understands that, as with other justice issues and bills, it should resist the temptation to have mandatory minimums.

On this day, let me say that there is a lot of agreement on the issue. There is a lot of support, and the importance of the issue is recognized. That is a good thing. Let us work together to improve the bill and make sure it is the best bill that we can provide.

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

October 23rd, 2014 / 6:10 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

It being 6:14 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

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

October 27th, 2014 / noon
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I rise today to speak to Bill C-35, also known as Quanto's law. It would amend the Criminal Code regarding law enforcement animals, military animals and service animals. I support the bill at second reading, though I hope that some work will be done to it in committee.

First of all, it would be remiss of me if I did not acknowledge what happened last Wednesday and what it felt like to be back in my riding over the weekend. I can tell members that wherever I went in my riding, people were deeply concerned. They were very thankful for our safety, but they were also very sad about Corporal Nathan Cirillo.

For many of them, to see their MP back in their riding and back doing the work of Parliament gave them a certain amount of reassurance. I remember talking to some constituents about other MPs as well. Many of the constituents expressed that it was good that we were not going to let what happened last Wednesday make us take drastic steps. We should let the authorities do their work and the investigation, and we need a very measured response to what happened.

Absolutely, we need to review things, but right now, we are thinking of Corporal Cirillo. We are also thinking of his six-year-old son, his family and his friends.

I also want to acknowledge our heartfelt gratitude to all of the men and women in uniform in our building here, and those who came in, who risked their lives. They put themselves in harm's way in order to ensure the safety not only of the MPs but of the young children visiting and the other members of the public and the staff on the Hill as well.

It is these kinds of tragedies that remind us that Canada is a multicultural nation. It is a nation that loves. For me, I was so touched this weekend, because for so many people, that is what it was about. Let us not look at our neighbours with different sets of eyes. Let us just hold hands and get through this together. I felt that over and over again.

Many of the religious places helped, whether they were a masjid, or mosque as many of us would say, a gurdwara, a mandir, or a church. Many held prayers over the weekend. Once again, they were prayers of gratitude and prayers acknowledging what has happened. People were praying that we continue to be the peaceful nation that we are, that we continue to love as we have always done, and that we continue to be inclusive.

It would have felt strange if I had not said a few of those things today in light of what happened last week, but as we are here to do the business of the people and debate the bill, I will get back to talking about this particular piece of legislation.

As we all know, this legislation is now being labelled as “Quanto's law”, which is in memory of the Edmonton Police Service dog that was stabbed to death while trying to stop a fleeing suspect in October 2013. Paul Joseph Vukmanich pleaded guilty to animal cruelty and other offences, including evading the police. He was sentenced to 26 months in prison and banned from owning a pet for 25 years.

We all know the important role that enforcement animals, military animals and service animals play, and we are all very concerned when any harm is done to them deliberately. It is because of this that the bill is here.

Having come from a family that has had dogs for many years, since the kids were little, it is very hard for me, and I think for many of us in this room, to imagine how someone could attack a dog or any other service animal. However, it does happen. When I was telling my grandchildren that we would be debating the bill, my granddaughter's reaction was, “Why is it only for law enforcement animals?”, so I explained the background of the bill to her. Of course, she still cries about Buddy, who passed away a while ago, every time she looks at her photos. Our pets are very close to us.

However, we have some concerns with Bill C-35, even though we are supporting sending it to committee. Once again, our concerns point to something we have seen all too often. When we see a piece of legislation come forward, it does not matter what it purports to do, because when one looks at the details, there is always a little twist in there that makes it more difficult for us to see what it would entail. However, there are two areas of the bill that cause us major concern, and it will not be news to anybody, because I have expressed concern about minimum and consecutive sentences before. The introduction of minimum and consecutive sentences causes us great concern, and we will bring amendments at the committee stage.

I am hoping, unlike in the past, that we will see a certain level of co-operation from the government side so that we can address the legislation in the way that parliamentarians are supposed to in a democracy. The opposition at committee stage and in the House plays a critical role in pointing out flaws in a bill, and a good government, one that believes in democracy and the parliamentary process, would heed some of that input, accept amendments and then have a robust debate.

What would Bill C-35 do?

Concretely, the bill would amend section 445 of the Criminal Code. It would create a new offence for killing or injuring a service animal, law enforcement animal or military animal while the animal is on duty. It would set a minimum sentence of six months if a law enforcement animal is killed while an offence is being perpetrated, and it would provide for the sentence imposed on a person to be served consecutively to any other punishment imposed for an offence arising out of the same event or series of events.

Members can see the difficulties we have with the bill, which are points two and three that I just made. As in much of the legislation that has come from across the way, including omnibus legislation, which is usually thicker than the phone books in most municipalities in the country, the devil is always in the details.

I have to express my deep concern that here we have a laudable bill that could have gone through with much speed, although the government across the way has other ways to achieve that speed. However, the bill could have gone through, but it has been tainted by the introduction of minimum sentencing, which clearly reflects the repressive agenda that the government is bringing forward. Once again, it would tie the hands of our judiciary, and once again it would have the legislative branch hampering the work and independence of the judiciary.

Even before the judge in question or a jury hear the case, the sentence has been predetermined, and that is disconcerting. The sentence may have happened anyway, or it might have even been a longer sentence, but once again it takes away the judiciary's discretion.

I want my colleagues across the way to think seriously about the consequences of minimum and consecutive sentencing on the criminal justice system. If crime could be solved just by putting people in prison, then the U.S. would have no crime today. Many states spend more on prisons than on many of their other programs. If just putting somebody in prison could solve the issue, then the U.S. would be crime free.

We hear about overcrowding in our prisons. We have heard testimony to that end with regard to another bill. That creates a concern as well.

My major concern is that we would be tying the hands of the judiciary. We would be taking away the jobs of those who are appointed to make judgments.

Hope springs eternal, in me at least, and I am sure in many of us. I am still hopeful that the government will not use many of the tools that it has used before to silence debate in the House.

Legislation has been sent to committees where no witnesses have been heard, and I am talking about a major piece of legislation that would have redefined citizenship. The government's majority on the committee used bullying tactics and time allocation to make sure the legislation was pushed through without hearing from any expert witnesses. A closure motion was brought forward only last week. My colleagues across the way seem to feel that time allocation is the way that they have to do business. I find that disconcerting.

I am hopeful that when we look at legislation now, especially after last week, that we realize we are here to represent our constituents. When we debate bills here, all of us, no matter whether we are independents, Conservative, NDP, or Liberal, have a contribution to make. Every one of us is here to represent our constituents. Every one of us wants legislation passed through the House that has had due diligence, proper oversight, and that will not be open to all kinds of other challenges.

I grew up with in England with a saying that sometimes people can be “penny wise and pound foolish”. I think of that saying often, as we rush through legislation that ends up being challenged in the courts and costing Canadian taxpayers a huge amount of money. I think of that when laws are passed that make no sense and take away people's rights.

My colleagues and I support this legislation at second reading, but we do have major concerns. We want to hear from witnesses and we want to express those concerns. We will definitely be bringing forward amendments.

I would love to have a bill go through all stages in a respectful manner, and being respectful does not mean just sitting here; it means listening and responding to the issues that are raised.

There is already legislation in place and fines set out, in section 445 of the Criminal Code, for all animals other than cattle. That is already there. Therefore, we can reassure our families and friends who have cats, dogs, or other pets, that there is already legislation in place. This is an amendment to that legislation, which specifically targets service, enforcement, and military animals. It is there for a reason. We have legislation when a crime is committed against RCMP officers or the military while they are on duty, and this is to parallel that.

It is no surprise that there are forces and police departments across this country who may be supporting this bill. I know that the Edmonton Police Service does support the bill, and it is fair to assume that there are others who support it too. I support this bill because it is good to have legislation that is very explicit. However, as I said earlier, I do have some concerns.

I would like to quote Staff Sergeant Trevor Hermanutz of the Edmonton Police Service canine unit, who said that officers are pleased with the law. He stated:

We know that now we have a law that is going to put some teeth to the matter—the fact that when people want to injure or kill law enforcement animals, there are some serious legal consequences to their actions....

I would advise members, and the numbers may have changed since I read this document, that the RCMP currently has 157 police dogs in service across Canada. The Canada Border Services Agency has 53 dog and handler teams. We are not talking about thousands of animals, but there is definitely a number that is over 200.

There is not a person in this House, it does not matter which side, who in any way condones animal cruelty. I can say on behalf of my colleagues that we condemn all forms of animal cruelty. That is a position we have supported for a long time. It is reflected in Bill C-232 and Bill C-592. At the same time that we condemn that cruelty, we are also very cautious. We have been bitten one too many times, I suppose. The Conservatives, my colleagues across the way, always manage to put some zingers in the bills that they introduce. Sometimes I wonder if those zingers are to see whether we would oppose the bill. However, this time I am seriously hoping that they will look at our concerns at committee stage and assist us in adding some amendments.

I want to say again that we support this bill. However, there are two things that we do have serious concerns with and which I will reiterate; they are the minimum sentences and the consecutive sentences. We are looking forward to hearing expert witnesses, but not one or two witnesses being given to the opposition and then the government saying it is done. We want a robust debate. This is an opportunity for us to discuss minimum sentencing, its impact on the system, and how it impacts the role of the judiciary.

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

October 27th, 2014 / 12:20 p.m.
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Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, it is my understanding that this piece of legislation is widely supported across a wide variety of stakeholder groups and that it is seeking to impose stiffer penalties for those who would harm or kill service animals in the line of duty. It is something that I think all of us support here. We certainly heard that support from my colleagues in the NDP.

My colleague across the way mentioned that she is looking forward to a fulsome debate in committee, to having a full set of witnesses, and to discussing potential amendments. This particular line of inquiry happens at committee stage.

Given that my colleague and her colleagues have expressed support and that we have a a wide base of stakeholder support across communities, and given that this next stage of inquiry happens at committee stage, I wonder if my colleague would answer as to why she will not push the bill toward committee stage at this time.

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

October 27th, 2014 / 12:20 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, as I said earlier, and my colleague across the way may not have been in the room at the time, I do support it at this stage. I do want it to go to committee, and I do want to have a full array of witnesses come forward.

One point that I will disagree on with my colleague across the way, with a great deal of respect, is that what she is saying is not always the case. She made the assertion that at committee stage witnesses are heard and a robust debate takes place. However, since I have been in this Parliament, we have had a major piece of legislation go through without any witnesses being called.

I have been the vice-chair on a number of pieces of legislation at committee, and I have seen how they have been pushed through with very little attention being paid to opposing points of view on anything that the government has brought forward.

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

October 27th, 2014 / 12:20 p.m.
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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Mr. Speaker, I want to express that I fully agree with the hon. member's comments with respect to her concern as it relates to consecutive and minimum sentencing. I certainly share her concern that it would be helpful to give discretion to the judiciary and the prosecution in terms of looking at the facts of a case before setting out sentences.

However, I do want to direct her specifically to section 445.01(2)(b), which deals with summary conviction offences. In this particular instance, it does not actually set out a minimum prison sentence. It sets out the potential for a prison sentence of up to 18 months, but not a minimum.

Therefore, depending upon whether the prosecution decides to proceed by an indictable offence or a summary conviction offence, if it proceeds on the lesser charge, there may not be a minimum sentence imposed.

Does this alleviate her concern with respect to minimum sentencing?

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

October 27th, 2014 / 12:20 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

No, Mr. Speaker, it does not.

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

October 27th, 2014 / 12:20 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, as justice critic for the New Democratic Party, I think second stage consideration is important. I appreciated hearing what my colleague had to say. I think second stage is a very important part of the process. When we get to committee we will have heard all of these comments, be they from the new Democrats, the Conservatives, the Liberals, or whomever.

I appreciate the member's concern with respect to minimum sentencing. I appreciate her concern with respect to consecutive sentencing. The problem is that often, as she said, the devil is in the details.

What concerns the member the most? Is it the consecutive sentencing or the minimum sentencing? Since the minimum sentence in similar cases seems to be higher than what has been proposed in the bill, would it be more of a concern with the consecutive sentencing, which might create a problem inside the judicial system?