An Act to amend the Criminal Code (cruelty to animals)

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Isabelle Morin  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (House), as of April 9, 2014
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to extend the application of offences involving cruelty to animals.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-592s:

C-592 (2010) Former Canadian Forces members Act

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 23rd, 2014 / 4:35 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank my colleague for his speech, which really went to the heart of the issue with this bill.

The aim of this bill is very commendable, but its methods are questionable. That is why we want to examine it in committee.

I would like my colleague to talk about the two bills introduced by our colleagues, in particular Bill C-592, which was introduced by the hon. member for Notre-Dame-de-Grâce—Lachine. It specifically targeted acts of aggression towards police animals and established aggravating circumstances.

Could my colleague outline the advantages of using aggravating circumstances instead of mandatory minimum sentences?

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

October 23rd, 2014 / 4:10 p.m.


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NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, I would like to start by indicating I will be splitting my time with the member for Rimouski-Neigette—Témiscouata—Les Basques.

As with all my other colleagues, it is my pleasure to rise today and have the privilege of being able to speak on a day such as this after the tragic events of yesterday. I have had a chance outside of this chamber to express my appreciation to the Security Services of the House of Commons and Constable Samearn Son, who suffered a wound trying to stop the attacker from entering this honourable place, and especially Sergeant-at-Arms Vickers, who ended the threat.

I would also say that on a day like today after a day like yesterday, given the subject of Bill C-35, an act to amend the Criminal Code with regard to law enforcement animals, military animals, and service animals, that my mind is drawn to a monument not far from where Corporal Cirillo was murdered.

Just a little farther down Elgin Street and to the left is Confederation Park, where the Animals in War monument has been in place since 2012. It is a very poignant monument. It shows a German Shepherd dog from World War I with a cape that contains various items that the war dog was assisting a soldier in carrying. There is a picture taken on the day of dedication showing RCMP Corporal Luc Patenaude and his own police dog, Cujo, standing alongside the war dog monument.

I would like to read the Animals in War plaque, which is highly relevant to the whole idea of sacrifice that we were reminded of yesterday—the theme of sacrifice, and ultimately the fundamental humanity of a relationship with animals that the member for Kootenay—Columbia so eloquently spoke of.

The plaque says the following:

For centuries animals have demonstrated an enduring partnership with humans during times of war. They have served as means of transportation, beasts of burden, messengers, protectors and mascots. Still today, dogs use their unique, sharply tuned instincts to detect mine clusters, and conduct search and rescue operations. We remember the contribution and sacrifice of all animals.

It is a marvellously done monument and it helps remind us of this connection between animals and ourselves. The way we treat animals in our society is also a measure of our own humanity. Sadly, I believe our criminal laws, not to mention provincial laws across this country, are sadly lagging behind other jurisdictions.

I am proud and happy to say that I count an animal literally as a member of my family. That is the way I think of it with respect to my mini-schnauzer. I personally believe that animals' presence in our lives humanizes our existence. We can think of some of the examples from my colleague from Sudbury and the detailed stories from the member for Kootenay—Columbia about the particular importance of animals in the police services, but we can also think of animal therapy in seniors homes, hospitals, and so on, which increasingly is being recognized as part of advanced cutting-edge therapy going back to basics being part of the future.

I was touched by how the member for Kootenay—Columbia spoke. He used the word “murder”. He emphasized that a couple of times in his speech and then in his answers to questions. He wants us to not think of this as just the killing of an animal or the death of an animal, but its murder. We do not use that language unless we are talking about a profound relationship in which partnership, friendship, and even a familial bond is part of how we think about the loss of that animal.

From my perspective, I think the member hit the nail exactly on the head. This is exactly how we should be thinking of animals in the professions he listed: enforcement animals, military animals, and service animals.

We also have to remember that, in certain contexts—war dogs being one example, but police dogs in particular—it is not just that they are partners. If we were honest with ourselves, we would say the form of service they represent is sacrificial. They are deployed in circumstances that can lead to their being more likely to suffer harm, if not be killed, than their partner or handler. Therefore, the idea of something extra being owed to these animals is something I have absolutely no problem with.

However, the understanding behind this bill cannot stop at the gates of these particular animals. If we push further on exactly what is motivating the extra protection for these animals in the circumstances in which they can be hurt or killed, we would find ourselves thinking about animal rights in a very different way, across the board. We would be thinking about cruelty to animals in Canada in a broader frame.

I would remind you, Mr. Speaker, as Deputy Speaker, that you introduced a private member's bill, Bill C-414, which has now been taken up by the member for Notre-Dame-de-Grâce—Lachine. You tabled that bill on the very day that I was sworn into this House, and it was my distinct pleasure to second that bill.

For the benefit of everyone in the House, I would like to quote the words you said when introducing it. You stated:

The bill would do two basic things. It first recognizes that animals are sentient beings as opposed to a piece of wood or a piece of furniture, which is the way the Criminal Code currently treats them. The other thing that it would do has a very clear consequence. The number of convictions for animal cruelty would increase dramatically under the Criminal Code. We have estimates that only one in a thousand cases of animal cruelty can result in convictions under the Criminal Code, and this would address that issue.

The bill I referred to, which is now being taken up by what is currently Bill C-592, is part of an NDP commitment as a strong advocate for ending all levels of cruelty to animals, including such things as forced breeding. This can only be accomplished by repealing old sections of the Criminal Code dealing with animal cruelty and proposing newer and tougher laws to protect animals. I believe that it cannot be done only on a piecemeal basis. Rather, it has to be done by government legislation to create a proper overhaul. Although this bill is a government bill, it is in the mode of piecemeal legislation. I would very much urge the government to think about the potential for this bill to be the start of something that is more of an overhaul, that looks at the picture from a more general perspective than simply this deserving case of service, police enforcement, and military animals.

With that, I would like to emphasize that the bill has my full support to go to committee. I believe my colleagues have the same view on that. However, I would urge the movers of the bill, my colleagues from Richmond Hill and Kootenay, who have taken the lead on it, to ask whether or not the elements of mandatory minimums and necessary mandatory consequential sentencing are really needed for what they are trying to do. They have the support of this side of the House. The key is to actually criminalize in a way that cannot be avoided, from a prosecution point of view, and to make sure the ability to prosecute in the right circumstances is there. The idea of taking discretionary judgment away from judges when it comes to sentences seems to me to be an entirely different issue from what ultimately was motivating my colleague across the way in his speech. It is simply not necessary for what he is trying to achieve.

The last thing is that this is a bill that, yet again, because it has mandatory minimums, will raise issues around constitutionality. It once again reminds us that we have bills coming before this House for which we have to rely on the competence and good faith of the Minister of Justice to have vetted the bill to make sure it meets the current constitutional standards for sentencing. I can never be convinced that is the case, because we never see the legal opinions.

Once again, this is the third time in two weeks I have asked the government to consider, at committee, introducing the legal opinion that was given to make sure this particular mandatory minimum would not offend the charter.

National Health and Fitness Day ActPrivate Members' Business

October 21st, 2014 / 6:05 p.m.


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The Acting Speaker Bruce Stanton

In my opinion, the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 93, the division stands deferred until Wednesday, October 22, tomorrow, immediately before the time provided for private members' business.

Pursuant to Standing Order 30(7), the House will now proceed to the consideration of Bill C-592, under private members' business.

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

June 3rd, 2014 / 1:25 p.m.


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NDP

Francine Raynault NDP Joliette, QC

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

Since two of my colleagues have introduced bills on this subject and the government opposed them, I do not understand why we are being presented with this bill today. We are going to support it at second reading, but only so that it can be studied in greater depth in committee and so that it can be amended. There are two clauses that we have particular problems with: the introduction of minimum sentences and consecutive sentences.

In concrete terms, this bill amends section 445 of the Criminal Code by providing for a new offence when a service animal or a law enforcement or military animal is killed or injured in the line of duty. These animals protect their masters. The bill provides for a minimum sentence of six months if a law enforcement animal is killed in the commission of an offence. It will make the sentences imposed on a person consecutive to another sentence imposed for another offence arising out of the same event or series of events.

The government is once again demonstrating its propensity for taking away the courts’ discretion. Why is it doing this?

It is important to hear from the experts about the impact of imposing minimum sentences and consecutive sentences. If more and more people are receiving minimum sentences, and consecutive sentences are imposed, we may have to expand the prisons. That is why we recommend that the bill be examined in committee. It is very important that that the government listen to the arguments made by the opposition and the public.

Two of my colleagues introduced bills C-232 and C-592, but the government opposed them. It is important to protect our animals, but I reiterate that this bill must be referred to committee to be studied in depth. The NDP rejects any form of cruelty to animals. We have long advocated bills for the protection of our animals.

I am going to speak from personal experience. Unlike my colleague from Beauport—Limoilou, I do not know any dog handlers in the police. However, I have a family, and one of my daughters has four daughters. Each of her children had a cat. Some may say that this has nothing to do with law enforcement animals, but those animals were treated very well. Each child had her pet, to talk to and comfort her.

When the cats reached the end of their lives, the parents did not abandon them to die. They took them to the veterinarian to put an end to their suffering. I also have a granddaughter who did a training placement with the Inuit and came back from northern Canada with a dog that the whole family looks after today. These animals are part of their lives. They are very important to them.

Because I was a farmer, I also had animals. When an animal was taken to slaughter, it was important that it be treated properly before its life was ended.

We often see news reports about puppy mills and about how our slaughter animals, hogs, cattle or any kind of animal, are taken to the slaughterhouse. We want those animals to be well treated along the way. When we leave Abitibi with a shipment of hogs for slaughter in Lanaudière, that is a trip of some 700 km. Those animals must be protected and their health cared for.

When I go door to door in my riding, I see that people are attached to their animals. They take care of them. I have been going to a stationary campground for 18 years. Yes, a member of Parliament at a campground. People go there with cats and dogs and pay them a great deal of attention. They spoil them and take care of them. That is why I think it is very important to watch out for animals whose purpose is to protect police officers or RCMP officers and the public. This bill provides that a person who injures an animal whose purpose is to protect its master and perhaps society should be punished and go to prison. However, are consecutive sentences necessary? I doubt it.

The NDP will vote for this bill at second reading. However, we really would like that our amendments be heard by other committee members studying this bill, that there be no time allocation and that, once the bill has reached third reading, it is a bill that will actually protect animals and people.

If I have a dog to protect me and it is killed in the course of an invasion of my home, what do I do? Will the person who has killed my dog be punished? Will he be sent to prison? Will he receive a consecutive sentence? I do not know. Perhaps that should be added to the bill, as in Bill C-592 introduced by my colleague.

I would really like to see this bill being studied in committee. Someone will be telling me shortly that I am repeating myself and talking about animals we have in our families. Those animals must be protected as well. We have no right to mistreat them. When I was on the farm, we raised two pigs because one pig all alone would be bored. You do not raise one piglet on its own; you raise two. One of my daughters did not eat pork because she had played and had fun with those two pigs, in addition to feeding them. That has somewhat changed today.

I thank all my NDP colleagues who are rising today to speak to this bill. We know that many New Democrats are speaking, but there is also room for members from the other parties.

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

June 3rd, 2014 / 1:20 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I sincerely thank my colleague from Montmorency—Charlevoix—Haute-Côte-Nord for his particularly relevant question.

Right now, we are unfortunately working in poor conditions. The government has imposed special working conditions for the month of June, in addition to repeated time allocation motions. I will not get into the purely partisan attempts to work against us at the Standing Committee on Procedure and House Affairs. It is really sad. My colleague raises a very important point.

Clearly, like any of the 308 legitimate representatives in the House, we have proposals on the table. I would mention Bill C-232 introduced by my colleague from Parkdale—High Park and Bill C-592 introduced by my colleague from Notre-Dame-de-Grâce—Lachine.

Those two bills have a broader perspective and might overlap somewhat with the bill we are examining. I will certainly appeal to the good faith and co-operation of my colleagues from all political parties to support the two bills I just mentioned.

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

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


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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Animal WelfarePetitionsRoutine Proceedings

May 29th, 2014 / 12:35 p.m.


See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the third petition is from Albertans, again. Petitioners are very concerned about the fact that the laws regulating animal cruelty are very weak. They are calling on members of this place to support Bill C-592, an act to amend the Criminal Code to prevent and respond to cruelty to animals.