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.

Criminal Code

[Robert-Falcon Ouellette, Liberal, Winnipeg Centre, MB]

Mr. Speaker, I remember back in 1995 or 1996, as a young child, watching some of the news surrounding indigenous status and the status of indigenous women in this country. I remember listening to an indigenous woman who said, “I am not just simply a second-class citizen in Canada. I am a third-class citizen, because I am a woman.”

I have heard about equality in this debate. What does equality mean in this country, when the outcomes are so different? What does equality mean when we see the Gladue case in Alberta, where a woman in the justice system was treated very unequally? She was essentially cut up inside, with a six-inch gash in her vagina, and the judge let the perpetrator off. Only after an outcry did the prosecutor in Alberta actually take it back to court. That is a difference in outcomes.

I have heard lots of interesting comments in the House. One of the comments I heard was that because this bill does not deal with all of the justice issues related to the Criminal Code, then it should not apply, that it has no importance, that we need to deal with all of it at the same time. Well, let us take that first step.

I do not mean to get emotional about this, but I think this impacts a lot of people I know.

Bill S-221 was an act to amend the Criminal Code with regard to assaults against public transit operators. Now, from 1997 to 2011, there were 23 taxi driver homicides. Parliament modified the law.

In 2013 alone, just in RCMP jurisdictions in Canada, there were 42 recorded female homicide victims, and 17 of those were indigenous. That is 40%. That is a fact. Is that equality? We talk about equality, but the outcomes seem to be so different.

What are we actually doing? It is great to have some programs and spend some money. I wear the moosehide patch all the time, but what does that really change? I have people asking me all the time what it means. No one seems to know. It is about indigenous men and boys taking a stand against violence against indigenous women and girls, and children, How many people keep asking every day what I am wearing that for and what it means? Yet we have handed out a million of them across the country.

Do members know we also had a bill called Bill C-35, the Justice for Animals in Service Act? It was known as Quanto's Law. Quanto was a police dog. He was killed while on duty. This bill created a specific new offence prohibiting the killing or injuring of a law enforcement animal, and it created a minimum sentence. Who is worth more: Quanto, Tina Fontaine, Gladue, Helen Betty Osborne?

There are lots of organizations that support this bill. I could list them all. The First Nations of Saskatchewan and the Assembly of First Nations have passed resolutions in support of this, and there are women's groups across the Prairies that have asked for legislation on this issue. It deserves a full and wholesome debate in this House.

I hope the government takes this bill and moves forward, because I am sure the missing and murdered indigenous women's inquiry will have something about the justice system. I hope we actually go ahead and change some of these laws so that equality means the equality of outcomes, so that people walking around the streets of downtown Winnipeg will know that they are just as valued as anyone else, no matter what their birth in this country.

The House resumed from June 11 consideration of the motion that Bill C-35, An Act to amend the Criminal Code (law enforcement animals, military animals and service animals), be read the third time and passed.

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

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, over the past four years, I have had an opportunity to debate a wide range of topics.

Although the matter before us today might seem like a strange blip on the list of government priorities, I do not wish to denigrate it, because it is indeed important. However, it does seem like a strange fixation, to go to the wall defending dogs. Nevertheless, Bill C-35 was even mentioned in the throne speech, which, in my view, is going a little too far.

I would remind everyone that last night, Canadians were treated to the 100th gag order to expedite the debate, because we are supposedly in such a hurry and so many bills need to be rammed through as soon as possible. At the end of the day, we are using our time in the House for time allocation motions and to debate Bill C-35. There is not enough time for the budget or for Bill C-51, but let us talk about animals.

Today we are discussing one aspect of animal rights, more specifically, one very precise category: animals that have been trained to work with law enforcement or military personnel, or those that assist people with a disability.

Under Bill C-35, anyone who physically harms such an animal with the clear intent to act in bad faith will be sentenced to a minimum of six months in prison. If a law enforcement animal is injured or killed in service, the sentence for that offence would be served consecutively to any other sentence imposed on the offender.

I am very pleased to say that I intend to vote in favour of this bill, despite the reservations I have about its scope. Bill C-35 is a very kind initiative that no one can oppose, except maybe to say that this issue does not necessarily need to be debated by the entire federal legislative apparatus.

Out of respect for voters, I would therefore suggest that my colleagues quickly express their kindness and their love for animals, which is somewhat boring, so that Bill C-35 can be sent to the Senate as quickly as possible and we do not have to talk about it any more.

In case there is any doubt, I really love animals. I have never felt inclined to crush baby chicks or skin cats. I completely understand that police horses and guide dogs benefit society and that these animals represent a significant financial and emotional investment.

It should also be said that many of these animals often carry out heroic acts under some extraordinary circumstances. After all, there is a tradition of recognizing the courageous war-time efforts of these animals. A commemorative bas-relief adorns the Memorial Chamber located in the Peace Tower in the Centre Block. Dogs often show admirable courage and save lives.

In committee, all the witnesses supported this initiative, but they must have been a little surprised to be testifying in such a formal setting about a topic outside of the usual parliamentary discussions. Animal cruelty is quite frankly deplorable and shameful, and we must combat it.

Bill C-35 amends the Criminal Code and will not so much combat as punish, or avenge, these crimes, which is in keeping with the Conservatives' obsession with the illusory absolute justice that they seek everywhere but do not find. It is not easy to reinvent oneself.

Conservatives believe that judges are always too accommodating and too often forget their discretionary powers. They want to decide for the judges; justice is an election issue. Punishment must always be meted out in an absolute and grandiose manner.

Although I support this bill, I always have a hard time with minimum sentencing. I agree with creating an offence to ensure that offenders who abuse or murder a service animal are punished. However, I think that our judges are capable of determining the most appropriate sentence for those who commit these crimes.

If the judge feels that the criminal should be sent to prison, he can do so. However, once again, setting minimum sentences takes away the courts' discretion.

Bill C-35 also opens the door to a grim topic no one really wants to touch, which is legislating animal rights. Since the dawn of humanity, we have had a hard time accepting that the death of an animal—of any kind—can have an impact on our lives and our future as human beings.

Bill C-35 promotes a specific category of animal to a superior status protected by law. To be legally valid, this new category can only make sense if these animals are considered property with monetary value.

After all, they had to be trained by humans who were paid for their work and their expertise. Otherwise, we will fall into an endless debate on whether animals have souls, which would be extremely difficult, if not completely absurd.

We are legislators and esoteric considerations have no place in our debates.

Bill C-35 presents an interesting solution to the lack of a special category for abusing or murdering animals. Supporting this bill is a good thing, and that is why I will encourage all of my colleagues to support it so that it can move to the next stage.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, I want to speak today on Bill C-35, commonly known as Quanto's law. I will begin my remarks today by acknowledging the broad support that Bill C-35, the justice for animals in service act has received not only in this House, but from many Canadians across our country.

Commonly referred to as Quanto's law, this bill is further evidence of the government's continued commitment to bringing forward criminal justice legislation that contributes to making Canadian communities safer. It should be noted that it was under this government in 2008 that existing penalties under the Criminal Code relating to offences for the mistreatment of animals were increased. An offence is committed under section 445 of the Criminal Code when someone wilfully or without lawful excuse kills, maims, wounds, poisons or injures an animal other than cattle. The maximum sentence that may be imposed where this 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 ascertainable.

As many members will know, Quanto was an Edmonton police service dog that was fatally stabbed on October 7, 2013, while assisting police in apprehending a suspect. The person who killed Quanto was subsequently convicted under the existing section 445 of the Criminal Code for the wilful killing of a dog, along with other offences arising out of the same set of events on October 7, 2013. He was sentenced to a total of 26 months, 18 of which were specifically for the killing of Quanto.

The judge stated:

...[the] attack on this dog wasn't just an attack on a dog. It was an attack on your society and what is meaningful in our society.

The tragic death of this law enforcement animal struck a chord with many Canadians. Law enforcement, legal and community groups have repeatedly called for greater recognition and protection of service animals. I am proud to say that Quanto's law fulfills a 2013 commitment in the Speech from the Throne to enact a law to recognize the daily tasks undertaken by animals used by police to assist them in enforcing the law and protecting 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. Our government believes that the creation of a specific Criminal Code offence that includes a tailored sentencing regime, would contribute to the denunciation as well as deterrence, both general and specific, of such crimes in the future. Quanto's law proposes the creation of a new specific offence for the killing or injuring of a law enforcement animal, a service animal or a military animal. The objective of the amendment is to denounce and deter this conduct.

A law enforcement animal would be a dog or horse that has been trained to aid a law enforcement officer in carrying out the officer's 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.

I would like to say something more in respect of the second and third enhancements, the mandatory minimum term of imprisonment and the consecutive sentence. During second reading debate of Quanto's law, questions were raised about the constitutionality of the mandatory minimum penalty of six months imprisonment for the new offence of killing a law enforcement animal that was assisting an officer in carrying out his or her duties.

The government's position remains firm that the mandatory minimum penalty proposed in this legislation would not result in a grossly disproportionate sentence and would withstand charter scrutiny. If this provision is challenged, the government will vigorously defend its constitutionality. It is our position that the requirement that the sentence imposed on 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 event or 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 a consecutive sentence in order to properly denounce and deter such conduct even though the offences might be committed as part of the same event or series of events. That is what Quanto's law does.

It also enhances the protection of law enforcement officers by adding section 270.03 to the Criminal Code. Going forward, the law will require that the sentence imposed on a person convicted of committing an assault, an assault causing bodily harm, an assault causing bodily harm with a weapon or an aggravated assault on a law enforcement officer be served consecutively to any other sentence that might be imposed arising out of the same event or series of events.

I just want to speak briefly about my own experiences as a member of the RCMP. A good friend of mine, whose name is on one of the markers just to the west of Centre Block, Michael Buday, was killed on March 19, 1985 as he went to apprehend Michael Eugene Oros near Atlin, British Columbia.

He was with his police service dog, Trooper. They had been taken along with the ERT team to apprehend Mr. Oros. Unfortunately Mike did not come home that day. Sadly, we could tell that Trooper missed his handler, missed his best friend, and they had to deal with Trooper in a different way than we would deal with any other type of animal. Trooper only knew one person and that was Mike, and he would go the nth end for Mike.

I remember with some humour putting on their arm guard myself as Trooper would run me down outside of a field. I made sure that I would put the arm guard out first, because if I did not, I was sure that the dog would grab on to some other part of my body that might hurt a little more.

We heard at committee several times from police service dog handlers that the dog is their best friend, and the dog will do what it is told to do with no hesitation, no question. It just does what it has to do. If that means running into a burning building, it will run in. It is just amazing what these dogs will do.

We heard from the member opposite just a few minutes ago with regard to police service animals. The horse, Brigadier, in Toronto, was run over by a vehicle in 2006. It shows that these police service animals will go to the nth end.

With that, I call on all members to stand up for the men, women and animals who risk their lives every day to keep Canadians safe, and support this landmark legislation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, in no way do I want the member to take my question the wrong way.

I believe service animals, as an issue, are very important. The question I have for the member is in terms of overall priority. We will likely spend more time on debate on Bill C-35 than we will on Bill C-59, the budget implementation bill. That is with less than nine days of sitting left, at best, and an election around the corner.

Does the member personally have any issues in regard to spending more time on this bill than on the budget bill?

[Blaine Calkins, Conservative, Wetaskiwin, AB]

Mr. Speaker, I am certainly honoured to stand in this place today and give my thoughts on Bill C-35, Quanto's law. I will be sharing my time with the member for Kootenay—Columbia.

As a former park warden and conservation officer, I will be giving my thoughts at the end of my speech on how the bill would have impacted me if I were still an officer today and how it would impact the colleagues and friends I have made over my years of service, as well as on what my intentions are when I stand in my place to pass the bill.

I am happy to speak in support of Bill C-35, the justice for animals in service act, otherwise known as Quanto's law. 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 members of the Canadian Armed Forces.

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

First and foremost, the legislation recognizes the special role that law enforcement animals, military animals, and service animals play in the lives of Canadians and offers them protection in law through the creation of specific offences that carry with them special sentencing measures.

Second, the legislation would add a provision in the Criminal Code that would enhance the penalty imposed on an individual who assaults a law enforcement officer, whether that assault is a common assault under subsection 270(1) of the Criminal Code, an assault causing bodily harm or with a weapon under section 270.01, or an aggravated assault under section 270.02.

As we know, generally, unless the court specifically states that a sentence is consecutive or concurrent to any outstanding sentence, the sentences must be served concurrently. Consecutive or cumulative terms of imprisonment are served one after the other, which means there is no discount.

Clause 2 of Bill C-35 would amend the Criminal Code to direct that a sentence imposed under subsection 270(1), section 270.01, or section 270.02 for an offence committed against a law enforcement officer would have to be served consecutively to any other sentence imposed on the offender arising out of the same event.

Section 718 of the Criminal Code sets out in clear language the purpose of sentencing in the following words:

The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

(a) to denounce unlawful conduct;

(b) to deter the offender and other persons from committing offences;

(c) to separate offenders from society, where necessary;

(d) to assist in rehabilitating offenders;

(e) to provide reparations for harm done to victims or to the community; and

(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community.

Attacks on law enforcement officers put the lives and safety of the individual officers at risk, and we know the kinds of risks that law enforcement officers face. We saw it this week in Edmonton, where Officer Woodall lost his life in service to his community in the Edmonton Police Service. It is a police service that I volunteered for at the Clareview police station when I was going to the University of Alberta. I have good friends who are serving with the Edmonton Police Service today. They are friends I grew up with in my hometown of Lacombe, Alberta. My thoughts and prayers go to them and the entire Edmonton Police Service family.

Attacks on law enforcement officers also undermine the justice system more broadly. In recognition of this, in 2009 Parliament enacted section 718.02 of the Criminal Code, which provides that when a court imposes a sentence for an offence under subsection 270(1), section 270.01, or section 270.02, the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

This is quite technical, but what it means is that the requirement for sentences imposed on persons who commit assaults on law enforcement officers to be served consecutively is consistent with the objective of denunciation and deterrence of such conduct.

I am pleased to see that Bill C-35, which is being debated today, contains a similar provision. It provides that a sentence imposed on a person convicted of killing a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer's duties shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events. What this means for every law enforcement officer, for every dog handler, and for everyone who rides a horse or uses a service animal is that when it comes to sentencing, the offence against the service animal would be treated in the same way as an offence committed against a colleague on the force.

Bill C-35 also sends a clear signal that an attack on any law enforcement animal, military animal, or service animal is a serious matter, and that denunciation and deterrence of such conduct deserve to be the primary considerations in sentencing in such cases.

Section 718.03 would require that a court impose a sentence for the new offence under proposed new subsection 445.01(1) to give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

I would now like to say a few words about the 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. In the course of the second reading debate of Bill C-35, concerns were raised with regard to the constitutionality of the mandatory minimum penalty proposed in Bill C-35.

In a decision released on Tuesday, April 14, the Supreme Court of Canada considered the constitutionality of a mandatory minimum penalty imposed on persons convicted of possessing loaded prohibited firearms contrary to section 95(1) of the Criminal Code in R. v. Nur and R. v. Charles. The court found that the three-year minimum penalty for a first offence and five years for a subsequent offence violated the cruel and unusual provisions of the Canadian Charter of Rights and Freedoms. However, as the Minister of Justice correctly pointed out when he appeared before the justice committee on Monday, April 27, the court did not rule out mandatory minimum penalties as an option for the Criminal Code sanctions.

As the minister explained, Bill C-35's proposed mandatory minimum penalty is tailored to ensure that it would not result in a sentence that would be grossly disproportionate to the offence committed. The minister referenced several reasons to support this point. First, the criminal conduct directed at the law enforcement animal must occur while it is aiding a law enforcement officer in the execution of the officer's duties.

Second, the mandatory minimum would only apply when the Crown prosecutor has elected to proceed by way of indictment. As the minister pointed out, prosecutorial discretion is always exercised with a careful eye to proportionality, constitutionality, and totality, which are the same considerations used by a judge. Where the Crown elects to prosecute this offence as a summary conviction, the mandatory minimum penalty would not apply.

Finally, in terms of the length of the mandatory term of imprisonment, the six-month term of imprisonment is at the lower end of the range. In this respect, it is worth noting that the court that sentenced Quanto's killer to a global sentence of 26 months for a series of offences made it quite clear that 18 of those 26 months were specifically for the killing of Quanto.

I would state that it appears to me that considerable care was taken in the drafting of this bill. Some serious gaps existed in our criminal law at the time, and we have been respectful of the Canadian Charter of Rights and Freedoms. I want to thank the Minister of Justice and my colleagues for what they have done.

I am going to talk a little bit about my personal experiences with this. I spent a number of years wearing a uniform in service to my province and to my country. I was a national park warden in Jasper National Park, where I had the opportunity to witness the great work that national park wardens do, not only in the backcountry search and rescue operations that they do.

I was a backcountry warden. I patrolled a large area of Jasper National Park called the Willow Creek district. I was the Willow Creek warden. My job was to patrol that area on horseback. I had three horses at a time with me. I would go in to the north boundary of Jasper National Park for 15 days at a time, come out for 6, and get showered and rejuvenated before I headed in again.

I was very pleased when this particular piece of legislation was brought forward because I thought to myself about it many times, whether I was riding the horses in the backcountry or in the front country, doing front country operations, because there are front country wardens who do similar things. They were great horses. I had this big thoroughbred named Moberly. He is probably in a green pasture in the sky right now because he was an old trooper at the time. My second horse was Yaeger. He was a mousy grey horse and one of the toughest horses I ever had the pleasure of working with. My third horse was Vim, a small chestnut quarter horse. These were my three horses that I was assigned. From time to time, I would take a different horse, Cowboy, to come out with me. He was a young horse that we were training.

During the time I was there, had something happened to me or had I been in a situation of duress, or had my horses been shot, say, by somebody who was poaching, while I was trying to execute my duties as a national park warden, the horses would not have been given any consideration. There would have been no crime committed by the perpetrator had the horses been injured or killed in the line of duty, serving me as a national park warden.

I was very clear in the committee and I asked questions of the experts who came. Although the bill does not specifically say that national park wardens are covered, it does say “peace officer”. Section 18 of the Canada National Parks Act actually defines national park wardens as peace officers, so I want to be very clear to any court that might challenge this at some particular point in time that, when I stand in this place and vote for this bill, and as I am speaking about it today, I am speaking with the intention that every park warden, every conservation officer, and everybody who is in the natural resources field who uses a service animal in the aid of their duties should be considered covered by this legislation, as well as any law enforcement officers and military personnel who are prescribed in that particular way.

That is my intent for this legislation. I am proud to support this piece of legislation. I am glad the government brought this legislation forward. I thank all my colleagues who are going to support it.

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, it was a government bill at the time. I fought that bill all the way along with the entire animal-use community in this country. Thankfully, in 2006, there was a change of government and Bill C-15B died on the order paper.

What Bill C-15B would have done was open up traditional animal uses to legislative interference by third-party groups, and that is why Bill S-203 was resoundingly passed in the House, primarily by Conservatives, and has the characteristic of criminalizing and penalizing egregious animal cruelty, something we all support. Egregious, deliberate animal cruelty must be condemned and criminalized, but at the same time, Canada's traditional, historic animal-use practices must be defended and, equally important, our medical research community, which depends so much on animal-based research, must be protected from harm so it can continue to do its important work for all of us.

That is why the Conservative hunting and angling caucus, of which I am chair, is making sure that the entire sustainable animal-use community in this country will know exactly where all the parties stand in terms of the use of animals.

I would like to express my complete support for Bill C-35, the justice for animals in service act, which I believe would contribute in a meaningful way to achieving our government's goal of making Canadian communities safer. This proposed reform supports the October 16, 2013, Speech from the Throne commitment to bring forward Quanto's law, to recognize that animals used in law enforcement are put at risk while assisting police in enforcing the law and protecting society. I was extremely pleased that the scope of the proposed legislation was expanded to also apply to other service animals, which also play an important role in making it possible for persons with disabilities to lead independent lives.

I am also very pleased to note that the bill proposes to enhance the punishment of persons who commit an assault on a police officer or certain other law enforcement officers. It would do so by requiring that a sentence imposed for any type of assault on a law enforcement officer, whether a common assault, an assault causing bodily harm, an assault with a weapon, or an aggravated assault, would be served consecutively to any other sentence imposed on the offender arising out of the same event.

I would now like to walk through Bill C-35 and compare it with the existing general offence of cruelty animals in section 445 of the Criminal Code. The proposed section 445.01 would create a new hybrid Criminal Code offence that is distinct from the general offence of cruelty to animals in section 445 of the Criminal Code. The classifications of animals that this would apply to are:

...a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer’s duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member’s duties or a service animal.

This legislation clearly defines the prohibited conduct captured by the new offence. It would be an offence under the proposed legislation to kill, maim, wound, poison, or injure one of those animals. The legislation clearly defines the necessary mental element that must exist at the time of the commission of the offence. An offender convicted of the proposed offence would be subject to a maximum penalty of five years imprisonment when the offence is prosecuted on indictment and 18 months imprisonment and/or a $10,000 fine when the offence is prosecuted on summary conviction. These are the same maximum penalties as in section 445 of the Criminal Code.

I ask all members to reflect on the importance of law enforcement animals and our ability as legislators to improve the protection afforded these working animals that contribute so much to making our communities safer for all of us.

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, I appreciated the comments from the member for St. Catharines.

I support this proposed legislation, and it would have been a good thing had all parties in the House stuck to discussing the legislation. However, the NDP with typical overreach, went overboard last October and again today and extended the discussion to a discussion about animal rights.

We strongly support the notion of animal welfare, but the concept of animal rights, which NDP members strongly implied they wanted to implement, has done so much damage to Canada and Canadian communities that I can barely describe it. We can look at what has happened to coastal Inuit communities because of the animal rights movements against the seal hunt, the effect on the fur trade, and just as important, the effect on medical research.

It is a fallacy that Canada does not have strong animal cruelty legislation. In 2008, Bill S-203 was introduced with the full support of the animal-use community. The bill passed with a vote of 189 to 71, with the support of all Conservatives and some Liberal MPs. I suspect the NDP voted against it.

Bill S-203 substantially increased the fines and penalties for animal cruelty under the Criminal Code from six months imprisonment and/or a $2,000 fine, to five years imprisonment and/or a $10,000 fine and the prohibition of animal ownership.

Bill S-203 made a distinction between penalties for two categories of offences. One was for injuring animals intentionally or recklessly, and the second was for injuring animals by neglect. Most important, Bill S-203 did not contain language that would impede or prevent the type of traditional and accepted activities conducted by the sustainable animal-use community.

However, here we have an NDP member of Parliament, the member for Notre-Dame-de-Grâce—Lachine, bringing in Bill C-592, an act to amend the Criminal Code on cruelty to animals. According to the sustainable-use community, which in this particular case is composed of hunting, trapping, and angling groups as well as medical research groups, this particular bill is the latest in a long line of legislative attempts to amend sections of the Criminal Code pertaining to animal cruelty.

There have been, between 1999 and 2014, some 18 bills introduced into Parliament. All of the bills but one, Bill S-203, have been voted on thus far and defeated for very important reasons. Each one of these bills contained wording that has been strongly opposed by a broad cross section of communities, including aboriginal communities, the outdoor community, agricultural producers, medical researchers, major colleges and universities, fairs and exhibitions, and even some religious groups.

This particular bill from the NDP MP for Notre-Dame-de-Grâce—Lachine seeks to reintroduce the same wording that has caused all of the previous bills to be defeated. If passed, this particular bill could unintentionally criminalize all sorts of accepted, necessary, and traditional practices, the practices I talked about, which include food production, hunting, fishing, and most important, medical research.

The medical research community is highly sensitized to the wrong kind of animal rights legislation, like the NDP wants to introduce and talks about. Therefore, I would like to make the point most emphatically that there are a lot of people in this country who do not hunt, fish, or trap, but every one of us is affected by medical research, and medical research on animals is what has kept many of us alive. Again, a badly worded animal welfare, or animal cruelty, or animal rights piece of legislation would open the door to the criminalization of those kinds of activities.

When Bill C-35 was first debated back in October 2014, the New Democratic MP for Nanaimo—Cowichan said that she supports legislation in which “...animals would be considered people and not just property.”

The MP for Gatineau, on the same day, said that animals should be treated with “...the same protection that we afford to children and people with mental or physical disabilities”.

The implications of those statements are absolutely staggering, and this points out where the NDP members are actually coming from.

They support the kind of legislation that would criminalize many traditional, accepted animal uses in this country and, at the same time, would have a very serious effect on animal-based medical research. It is truly unfortunate that they are using this particular bill to expand their agenda, but now their agenda is in front of all Canadians, for Canadians to see and evaluate.

I would make the point that there are about four million people in this country who hunt and fish. I am chair of the Conservative hunting and angling caucus, and we are going to make sure that each and every one of them knows where the NDP is coming from.

I am not going to let the Liberals off either. Back in the late 1990s or early 2000s, the Liberals introduced Bill C-15B. I was working for a hunting organization at the time and had the honour to completely dissect Bill C-15B. That particular bill, similar to the bill by Mark Holland that was talked about earlier, which the member for Charlottetown said he was very sympathetic to—

The House resumed consideration of Bill C-35, An Act to amend the Criminal Code (law enforcement animals, military animals and service animals), as reported (without amendment) from the committee.

[Rick Dykstra, Conservative, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, I will be splitting my time with the member for Dauphin—Swan River—Marquette.

What is fascinating are all the complaints I hear from opposition members about not having enough time to speak about a particular piece of legislation, and when they actually have the time to speak about legislation, they complain about not having enough time to speak about legislation. It is ironic.

I also want to point out that some young supporters of this piece of legislation from Beacon Christian School, and I will certainly not mention whether they are here, have come all the way from St. Catharines to Ottawa to make sure they give their endorsement and show support for this bill. I just want to make sure that we note that.

I am certainly proud to add my voice in support of Quanto's law. This is yet another piece of legislation our government has introduced with the goal of making Canadian communities safer. Every day, we ask women and men in uniform and service animals to risk their lives. They have an incredibly important role in keeping Canadians safe.

Regrettably, each year, some officers and service animals make the ultimate sacrifice in carrying out their duties. Only a few days ago, Constable Daniel Woodall gave his life in the service of his country and his community in Edmonton. Our deepest condolences go to his family and friends for their loss.

It is out of honour and respect for these individuals and animals that we continue to bring forward legislation like Quanto's law. The specific focus of this legislation is to deter persons from harming law enforcement and service animals and from assaulting law enforcement officers.

From the outset, there has been broad support in the House and in this country for this legislation. What concerns there may have been with regard to one aspect of this proposed legislation, a 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, have, I believe, been addressed in the course of the justice committee's deliberations and its study of this bill. It is our government's firm position that this legislation will withstand any charter scrutiny.

The most common type of law enforcement animal in use is the police dog. Police dogs are specifically trained to assist the 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. In the United States, anyone who kills a federal law enforcement animal could face fines and up to 10 years in prison. Similar statutes exist to protect police animals from malicious injury in almost every state in the U.S.

It is a 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 and accounted for, 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.

Quanto's law recognizes and honours the important contribution police dogs such as Quanto make to law enforcement. However, the bill also acknowledges the very important role other service animals play.

Through the work of the justice committee, we have become more aware of the invaluable assistance service animals provide to persons with disabilities, and I am pleased that the bill recognizes the important role other service animals play. Service animals are trained to assist or perform some of the functions and tasks that individuals with disabilities cannot perform themselves. There are several different kinds of service dogs, including guide dogs, hearing dogs, mobility dogs, seizure alert and response dogs, psychiatric service dogs, and autism dogs.

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

Another important aspect of Quanto's law is its proposal on the sentencing of persons convicted of committing any type of assault on a law enforcement officer, whether it is common assault, assault causing bodily harm, assault with a weapon, or aggravated assault. It would require that a sentence imposed on the offender be served consecutively to any other sentence that might be imposed on the offender for the same event or series of events.

For example, there is a report of a break and enter in a dwelling. 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, but the suspect pulls a knife and stabs the officer, wounding him and endangering his life. The officer is taken to the hospital and survives. Later, the offender is convicted of aggravated assault on a law enforcement officer pursuant to section 270.02 of the Criminal Code, in addition to being convicted of breaking and entering into a dwelling house, which is contrary to section 348.

In such a case, the amendment in Quanto's law would require that the sentence imposed for the aggravated assault be served consecutively to whatever sentence was imposed for the break and enter.

As I said at the beginning of my remarks, every day we ask women and men in uniform and service animals to risk their lives for our safety. We have a duty to ensure that those who would harm them are deterred or punished to the fullest extent of the law.

Bill C-35 will 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 men and women in uniform and these working animals, we will also be making Canada a safer place for all.

Let me conclude by stating what I believe to be a very important aspect of this legislation. I said at the beginning of my speech that all Canadians and almost everyone in the House supports this legislation. Regardless of the fact that we often spend a lot of time arguing with each other, from a government or opposition perspective, about legislation, regulation, or policies being debated here or at committee, one thing I do understand is that there are some issues that rise above partisanship.

I am thankful to all opposition members and parties for their support for this legislation. We are moving forward with something that is near and dear to most people across this country. It shows that we can rise above partisanship and actually find a piece of legislation on a goal that is honourable. When pain or death is inflicted on purpose on an animal, there is going to be legislation on the books that puts these individuals in conflict with our legislation, and they will serve time for the crime they have committed.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I do not want to take anything away from the importance of service animals. In fact, I had the opportunity to comment on that earlier today.

We have now been debating Bill C-35 for a good number of hours. I understand that all members, from what I can tell, will be endorsing Bill C-35.

However, I would emphasize, that we are within 10 days of winding up the session and have an election just a few months away, yet we are forcing through the budget bill on time allocation. I attempted to have an emergency debate with respect to the thousands of people in Manitoba who have been displaced for a few years now, which is causing all sorts of issues with respect to culture preservation, death, and so forth. Although we are debating a bill that is an important issue, would the member provide some comments with respect to the way in which we are winding up the session, debating legislation or issues that would concern Canadians? Does the member have any concerns, for example, with the fact that very few members will be able to speak to the budget bill because of time allocation?

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I do not know if my colleague was here during my speech, but I did speak about Brigadier and his death in my remarks. It was something that deeply shocked and offended people in the city of Toronto. They felt that what happened to that magnificent animal was such a horrible and senseless act. I think people felt that it was gut-wrenching for the officer who not only was injured, but then his horse had to be put down, a horse that had been his companion, his buddy while he had been working.

The member's question pertains to the severity of the penalty. The nub of the issue is that our animal cruelty laws date back to 1896 and really need to be updated. What has been put forward in Bill C-35 is certainly a step forward when it comes to this kind of cruelty and senseless act against a service animal. However, I would also draw the attention of the member to the companion animals right across the country that have faced wilful cruelty, death and neglect as, similarly, there are no consequences. It is extremely difficult to get a conviction under our existing animal cruelty laws.

Therefore, while this one bill does take a step forward, I would urge that we need a broader approach so we toughen up our animal cruelty laws throughout the whole process for all companion animals.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, on a point of order, I wonder if you could ask the hon. member to get back on track with regard to Bill C-35. I listened, for probably about the last five minutes, where she swayed off with regard to talking about the Criminal Code in general.

This is specific to Bill C-35 and service animals and police dogs, service animals in general.

[Peggy Nash, NDP, Parkdale—High Park, ON]

Mr. Speaker, I am very pleased to speak to Bill C-35, an act to amend the Criminal Code, pertaining to law enforcement animals, military animals and service animals. I thank the many colleagues who have had the opportunity to speak to this bill today.

I want to begin by saying that the New Democrats and, I am sure, all members in this House would condemn animal cruelty. Animals obviously are sentient creatures; they feel pain. It is unfortunate that the laws in this country are so archaic when it comes to animal cruelty. Our animal cruelty laws essentially date back to 1896 with a small amendment a few years ago. They essentially treat animals like property, and it is very difficult to get a conviction in this country for animal cruelty. Most thinking Canadians would say today that is really an anachronism because, again, everyone in this House would be opposed to any form of animal cruelty.

I will come back to animal cruelty in general, but I do want to speak very specifically to the bill at hand, Bill C-35. It is referring specifically to service animals and it would create a new offence, that of killing or injuring a service or law enforcement or military animal while the animal is on duty. it has a minimum sentence of six months if the animal is killed while a person is perpetrating the offence; and if sentences are imposed they would be served consecutively.

This bill has been called Quanto's law for a dog that was killed in the Edmonton Police Service in the line of duty. He was stabbed to death while trying to stop a suspect a couple of years ago in 2013. The bill, which my Conservative colleague has introduced, is trying to strengthen the penalties against those people who would attack law enforcement animals or any service animal.

We are in favour of toughening up animal cruelty legislation. We do have a concern about the mandatory minimum sentences. We think that is a problem. I have already spoken about that in my question for the member opposite, whereby judges really have their discretion removed by mandatory minimum sentences. My colleague had talked about the law evolving and being a living thing, and that is why judges reflect the law. It is because they are living judges who reflect the norms of the day and they interpret the law based on all of the circumstances at hand.

We are also concerned about consecutive sentencing for a similar reason, in that it would remove any discretion from the legislative system. The member opposite seemed not to hear the comment that I made, but I clarified for him that the justice department has said that it is not in favour of using mandatory minimum sentences as a deterrent. They do not think it is an effective deterrent, and that has certainly been the practice so far. We are generally in favour of the thrust of this bill.

I remember in Toronto a death that outraged everyone in our city. That was the death of a police horse named Brigadier in 2006. In that situation, the police horse was on duty and a person who had been stopped by the police was angry. He got in his car and intentionally drove it into Brigadier, almost killing him. The officer who had been riding him had to put him down. It was something that horrified our city. Torontonians would agree that this kind of practice, this willful and criminal act of attacking and killing a service animal is unacceptable and it needs to be dealt with.

I am very much in favour of the act itself and creating this offence. It would distinguish between someone who kills a service animal with intent and someone who might do it accidentally. That is an important distinction, because it is quite possible that through an innocent action a service animal could be killed, just as bystanders or anyone could be killed through an innocent action. The bill is for someone who is held criminally responsible and we would support that.

I remember the outrage in Toronto at the death of the horse Brigadier. I think most Torontonians would support this kind of initiative, with the caveat that we do not think that having a mandatory minimum sentence or consecutive sentences is a really wise move. In a way, it diminishes the bill, which would otherwise have very enthusiastic support. The goal has enthusiastic support, but the bill has been weakened by the inclusion of these measures.

I do want to speak a bit more about the whole issue of animal cruelty. Views have changed about animals over the last more than 100 years. Our laws currently recognize animals as property, not as creatures capable of feeling pain.

Animals can suffer cruelty in a variety of ways. They can suffer cruelty from neglect. One of the things that first got me involved in thinking about animal cruelty legislation was a situation that occurred in my riding in Toronto in the neighbourhood of Parkdale. It was a hot summer day and some passersby noticed a dog that had been left in a car with the windows rolled up. It was evident that the animal was in serious distress. It was really upsetting for everybody around. Ultimately, the window was smashed open in order to rescue the dog. Unfortunately, over the course of a summer, somewhere in this country there are animals that suffer in similar situations and not all of them are rescued. Some animals have died through that kind of neglect.

We have seen other examples of neglect. We have seen companion animals that have been starved or that have suffered from dehydration or inadequate shelter. We live in a very cold country, yet animals are left outside when it is 30 degrees below zero. We have seen animals that are left with parasitic infections, infestations or that are ill or injured, and their owner failed to seek adequate medical care. These are all examples of neglect. I have seen pictures of animals whose nails have not been clipped or their hooves not trimmed, which causes a great deal of pain to the animal.

Then there are situations of absolute wilful cruelty to animals. There are some awful examples of that. There was a situation a couple of years ago where a group of huskies was no longer needed in the north. Tourists had taken these husky teams out on runs. A staff person was assigned to kill all of those beautiful husky dogs. I think the country was horrified by that. It was a terrible situation.

We have also heard about situations where animals have been wilfully burned, or cut or tortured in some way. Obviously people who would do that have a serious problem. It is very upsetting, and I do not know what law would stop that kind of cruelty in 100% of the cases.

Neglecting to update our animal cruelty laws for more than 100 years sends absolutely the wrong message. People have to really be aware that animal cruelty, whether it is neglect or intentional abuse, is wrong and that animals need to be treated with proper care and attentiveness.

I want to salute the work of organizations, like the Canadian Federation of Humane Societies, and all the member humane societies across the country, and the Society for the Prevention of Cruelty to Animals. They do terrific work in educating Canadians. Certainly, they have called for Canada's laws to be upgraded. They do an admirable job, for example, of trying to deal with puppy mills or getting animals adopted.

I also want to give a salute to the Moosonee Puppy Rescue, the group that takes dogs that are left to run wild, in not great conditions, up north. It tries to find them adoptive homes.

I also want to spend the last few minutes talking about the importance of updating all of our animal cruelty legislation. Back in 2011, I introduced Bill C-232, calling for an amendment to the Criminal Code to improve the treatment of animals.

The House resumed consideration of the motion that Bill C-35, An Act to amend the Criminal Code (law enforcement animals, military animals and service animals), be read the third time and passed.