Modernizing Animal Protections Act

An Act to amend the Criminal Code, the Fisheries Act, the Textile Labelling Act, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and the Canada Consumer Product Safety Act (animal protection)

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Nathaniel Erskine-Smith  Liberal

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

Status

Defeated, as of Oct. 5, 2016
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code to consolidate and modernize various offences against animals.
The enactment amends the Fisheries Act to prohibit the practice of shark finning and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to prohibit the importation of shark fins that are not attached to the rest of the shark carcass.
It also amends the Textile Labelling Act to modify requirements in respect of animal hair and fur and cat and dog skin, hair and fur.
It also amends the Canada Consumer Product Safety Act to add products made in whole or in part of dog or cat fur or skin to Schedule 2 to that Act to prohibit those products from being imported into Canada or manufactured, advertised or sold in Canada.

Similar bills

C-388 (42nd Parliament, 1st session) An Act to amend the Criminal Code (bestiality)
C-251 (42nd Parliament, 1st session) Ban on Shark Fin Importation Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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-246s:

C-246 (2022) Constitution Act, 2022 (representation of Quebec)
C-246 (2020) Post-Secondary Education Financial Assistance for Persons with Disabilities Act
C-246 (2013) An Act to amend the Income Tax Act (hearing impairment)
C-246 (2011) An Act to amend the Income Tax Act (hearing impairment)

Votes

Oct. 5, 2016 Failed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Reference to Standing Committee on Procedure and House AffairsPrivilegeOrders of the Day

October 28th, 2024 / 11:05 a.m.


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Conservative

Branden Leslie Conservative Portage—Lisgar, MB

Mr. Speaker, I am privileged, yet saddened, to rise to honour my former boss, my mentor and my friend, Robert Sopuck. I thank all my colleagues for allowing me this opportunity to honour this great Canadian, the former member of Parliament for Dauphin—Swan River—Neepawa.

Robert, or Bob as he was known by his many friends, passed away suddenly, but peacefully, last week in his home near Lake Audy, Manitoba. He is survived by his beloved wife, Caroline; two children, Tony, and his wife Lainee, and his daughter, Marsha, and husband Graham; three grandchildren, who he simply loved to teach about the outdoors, Eden, Senon and Esmee; by his sister, Joyce, and brother, Tim; by many nieces and nephews; and by so many other loved ones across the country who simply cherished Bob.

I want to offer, on behalf of the Conservative Party, our appreciation to Bob's family for sharing him with us, particularly his beloved wife, who he often referred to so proudly as “the inestimable Caroline.” His love for her serves as an inspiration for all of us who have been lucky enough to witness it.

Today I hope to do justice to a great parliamentarian, and a great man, and I apologize in advance as I may get emotional. I have some family with us today. My wife and I were married, but we had our big wedding celebration on Saturday, and we were expecting Bob and Caroline to be with us.

Back in 2016, I was hired by Bob after a very robust interview process. I went to his office and we talked about life and politics for about two hours over a scotch. He cared about the person, not the résumé. Little did I know at that time the profound impact he would have on my life.

Bob was described by a newspaper he surely never read, the Toronto Star, as the “right-wing environmentalist”, which is actually a very good way to describe him. However, he was not an environmentalist, he was a conservationist. He believed that those who lived, worked and played on the land were our best conservationists and the true environmentalists. He recognized the value of modern agriculture, of ranching, of natural resource development and all of the rural communities that those industries supported. He was an avid outdoorsman, a true conservationist himself, and perhaps the strongest advocate that hunters, anglers and trappers in Canada have ever had.

Bob was born to parents of eastern European descent and immigration, and while he was raised in the city, he spent his summers in Whiteshell, where he learned his love of the outdoors. He caught his first fish at the age of four with his father, which kicked off a life of outdoor pursuits.

Bob went on to receive an honours degree in science from the University of Manitoba, and then a Master of Fishery Science from an ivy league school, Cornell University, with a particular focus on rainbow trout. From there, he held a wide variety of careers in land, water and wildlife conservation. He worked as a fisheries biologist at both the provincial and federal levels before he decided he wanted to purchase a beautiful, sprawling piece of farmland near Lake Audy, just south of his beloved national park, Riding Mountain National Park, on which he built with his own hands a beautiful, secluded log home.

He spent a lot of time in the Arctic and did a lot of work there, focusing on Arctic char research, and had so many amazing stories. He had such respect for the people he had the chance to live with, the Inuit. He did some of the earliest environmental impact research on the long-proposed Mackenzie Valley pipeline, and I think one of his greatest regrets is that pipeline never came to fruition.

Bob was a farmer. He was a guide. He was an outfitter. He was the environmental adviser for the former premier of Manitoba, Gary Filmon. He went on to be the environmental director at the Pine Falls paper plant, improving water quality, quantitatively. He worked for Delta Waterfowl, and after retiring from this place, returned as a board member there. He did environmental monitoring in the oil sands. He understood policy, because his boots were on the ground.

He often joked, when somebody would introduce him to do a speech, that it was reasonable to think “Can this guy not keep a job?”, but those jobs and those experiences formed his views on conservation and on natural resource development and the rural way of life.

I list this depth of careers because it highlights that he earned his stripes, which allowed him to be an incredible advocate and an even better member of Parliament.

Bob was a brilliant communicator, and he knew how important effective communications were, that words mattered. He was brilliant not because he was suave, some fast-talking salesman-type guy, but because he was authentic, honest, thoughtful, direct, articulate and had a heck of a vocabulary on him. He was wicked smart, and he always preferred to stand up for the little guy. He was not willing to lay down to the mobs, to the loud minority that wanted to shout down views like his at times. It was an inspiration when he so proudly and so frequently stood up and bluntly said what needed to be said. He had been doing it for decades.

Starting back in 2001, Bob wrote a regular column with the Winnipeg Free Press, in which he refused to shy away from issues like hunting and angling. Those essays beautifully articulated the spirituality and connection to family and nature that so many millions of Canadians enjoy today. He explained why so many of us felt that it was vital to protect the rights of those people and their ability to take part in those traditional heritage activities.

He went on to compile these essays into a wonderful book, A Life Outdoors, which, looking back while I was reading it last night, I think is an unintentional biography, from catching that first fish with his dad at four years old to his life as that avid outdoorsman. It is a wonderful book. I would encourage people to pick it up, particularly if they enjoy outdoor activities. It also has some phenomenal recipes for wild game, which I have tasted and are very good.

Bob had the chance to elevate those communication skills and decided to run for office back in 2010. He ran because he knew he had something to offer. He wanted to make a difference and to fight for what he believed in. That is what he did in this place every single day of his nine years as a member of Parliament.

Bob had an incredible understanding, which I was so lucky to have witnessed, of what this job was. The first was, obviously, to represent our local communities, to fight and advocate for them, and try to get things done for them. This is something that each and every one of us in the House works to do. The second was to do what was right for Canada, the big-picture country that has diverse views and many challenges at times, to fight for what was right and to fight with that same level of passion that he did for the communities he so proudly represented.

He knew his constituents. He knew their way of life, their values, their struggles, their challenges, their hopes, their dreams and their aspirations. He had the benefit that he had worked in politics in his early days with the Manitoba government, as had his wife, Caroline, which allowed him to be all the more effective. He knew when to be loud, when it made sense to pick a fight, and do it publicly, to try to move the needle on something. He also knew when it made more sense to keep it behind the scenes to try to quietly get things done. He knew to keep it on the ice, and that is why he was so respected and liked by colleagues from across party lines.

Locally, he was so proud to have helped deliver funding to pave Highway 10 through Riding Mountain National Park. Anybody who knows the area or lives in area and commutes through it knows how important it is. Anyone who has the chance to visit that beautiful national park will be a benefactor of the work he did lobbying to get that done, as has anyone who benefited from funding through the recreational fisheries conservation partnership program.

That program was launched back in 2013 and supported fisheries habitat restoration projects led by recreational angling groups, fisheries groups and conservation groups. There are lakes across Canada where spawning habitat has been restored, aerators have been installed and anglers will reap the benefits today, tomorrow and for the years ahead. Just as Bob wanted, it was done with the people who care so much about the natural world, who will get in hip waders, get into the water and want to make meaningful impacts on our fishery stocks. He knew the best people were those who wanted to get things done, who not only wanted to talk about doing things but they put their money where their mouth was.

Through perseverance, persuasion and perhaps just sheer stubbornness, he was able to convince former Finance Minister Flaherty and Prime Minister Harper to enable this plan, and it is an ever-lasting legacy for the projects that it undertook. It would never have happened without Bob Sopuck. I would go so far as to argue that, single-handedly, Bob has saved more fish in our country than anyone else ever has.

Throughout his career, he was an effective and long-time member of the fisheries committee and loved every minute of it. I think his colleagues appreciated him there, too. That committee was always, and I think still is, rather cordial with many unanimous reports. He was also on the environment committee, which at times is a little less polite.

Bob was a pit bull. Given his Ivy League education and his series of careers prior to being elected, not many people were going to best him at any topic at those two committees. That included the bureaucrats who I remember once telling Bob, whenever he was there, that they knew they had to be on their toes. He was so very proud of that. He just revelled in the opportunity to rip apart some pompous executive who thought they could get away with saying things that were not actual answers. He would fight to get the answers and he would run circles around them.

Now, I am a proud member of the environment committee, and the lessons I have learned could not be more clear. Some of those officials now know where I learned it from. I have to mention the Fisheries Act specifically, because Bob wrote a paper back in 2001 entitled “The Federalization of Prairie Freshwater”, which was the policy framework used by the Harper government when making important changes to the Fisheries Act.

It was 10 years after he wrote it that the catalyst for those changes finally happened: it was overland flooding in Saskatchewan. At the Craven country jamboree, threatened due to excess rain, a campground was unable to be pumped because DFO declared there was water there now, so clearly fish could be there. There was habitat so we had to prevent it from being pumped. Normal person logic said that was not really fish habitat, it was a campground, but it was the definition of fish habitat in the act that was the problem.

Bob knew it and identified it years earlier. He went on to lead the charge drafting that legislation to make those important changes to stop ridiculous overreach from the Department of Fisheries and Oceans that had a real impact on rural Canadians and our prosperity. He understood that unelected, unaccountable bureaucrats had to be kept in check, that they did not understand our way of life, that he had to be involved in educating them.

Bob was the founder of our Conservative hunting and angling caucus with the help of his close friend, the member for Red Deer—Lacombe. That member has carried the torch ever since. I know for a fact he will not only keep Bob's legacy alive, but he will be the steadfast advocate that community needs and will continue to work on their behalf. He is joined by so many of my Conservative colleagues, such as the member for North Okanagan—Shuswap, who are dedicated to protecting these communities. There are so many more; they know who they are, and it is appreciated.

There are millions of law-abiding firearms owners in this country, of hunters, of anglers, of people who contribute directly to enhancing our wildlife populations, and as Bob would always say, are the environment's best friends. We would not think communities like this necessarily need protecting, but, unfortunately, they do. For the most part, rural Canadians do not really care what happens in big cities. They just kind of want to be left alone, but for some reason, many of those radical environmental and animal rights activists living in their concrete jungles have a real keen interest in what happens on our private landscapes.

We need great MPs like my colleagues to continue to stand up for that now in his honour. I am proud to join those efforts and will continue to take part in any of those future fights. When I think back to some of the fights, he revelled in a good fight. One I remember he led the charge on, which was important, was Bill C-246. It was an animal rights bill that would transfer human rights to animals. What it was going to do was destroy modern agriculture, animal livestock agriculture. It was going to destroy hunting and angling in this community.

He led with help from across party lines, using those relationships he had built by being the guy he was, to kill that legislation. I remember when the RCMP decided to try to appease those animal rights activists and get rid of the iconic muskrat hat for Mounties, Bob was having none of that. He wanted to protect the livelihood of those trappers across the country and the warmth of our frontline police officers serving in our northern communities. He walked the walk and he was a true friend of the trapping community. Many of us may remember him strutting around here with a fur jacket, with his own muskrat hat and these big old skunk mitts. He was the real deal.

Bob was always on the lookout for government overreach, or efforts that would impact the people he was sent here to represent, which is why he was great. He was not just about defending, he was vocal in supporting and promoting, proactively working to set the stage to communicate with the average person who otherwise might not think about these issues or even realize they cared about them. In many cases, these were urban audiences, like when he was writing for the Winnipeg Free Press.

What might be less known is the impact he had on so many people, directly, personally, individually and, particularly, on young people. I think it is important to highlight the legacy that this leaves behind. Bob freely shared his wisdom and his wealth of knowledge with young people around him, understanding that it was not just about today, that it was about tomorrow. Anything he could do to nurture the next generation, he was willing to do.

He was a mentor to so many of us, to those who worked directly for him and to our friends he got to know, he would spend time with and to whom he would give, generously, of his time. We, each and every one of us, loved him. He gave so much time. He would answer questions candidly, provide advice when asked and sometimes when not asked. He would share his life experiences and those incredible stories that he had amassed over that wonderful life of his. He treated us like part of the team or the family, which is why I think he was referred to as Uncle Bob by so many people. He made us believe that we actually had something to contribute, that we mattered.

I know I am going to miss some names on the list, but I want to give a bit of a scale of some who have been impacted. I think of Duncan, Brett, Michael, Blake, Olivier, Jay, Megan and the Simms boys, just to name a few. Just like him, he wanted us to be authentic and humble. He wanted us to be proud of where we were, what we were doing, where we were going and what it meant.

Simply put, he wanted each one of us to believe in ourselves and he made that a little bit easier. He loved telling stories and he had so many profound statements. I do not know what to call them other than Bob-isms. I can think of a couple, one of which was, “I take the view that if you give up fat, sugar, and alcohol too, you may not live longer, it will just feel that way.”

On a more serious note, there are two quotes. “Life is about chapters. You have to turn the page on one before you can start the next.” “Nothing lasts forever, and nothing stays the same.”

He lived in the now. He was not one for birthdays or arbitrary reasons to celebrate. He preferred milestones and achievements. He espoused sharing stories of the past, not living them, of looking to the future but not dwelling on it, enjoying the moment, and being proud and happy with where you were, being rational and thoughtful, asking questions and acting with purpose, and recognizing that the best way to achieve success was to do it with passion and to embrace the challenge in front of us and to find the opportunity within it.

When Bob retired, our relationship did not just stop like we would expect with many bosses and their employees. He called in regularly to catch up. I would go visit Bob and Caroline at the farm. He was the first to pledge a donation when I called him with the crazy idea that I was going to run for politics. He was the one I had introduce me at the nomination campaign launch. He has been by my side since the day we met and I will forever appreciate his friendship, as I know so many others do.

The best part is that I am not unique. There are so many others. I am part of a massive group of people to whom he has meant more than he can ever know. I am going to miss Bob. I thought we had more calls. I thought we had more business on the farm ahead of us. I will be forever grateful for all he has done for me.

In closing, I want to share a quote from one of Bob's favourite writers, Henry David Thoreau. “I went to the woods because I wished to live deliberately, to front only the essential facts of life, and see if I could not learn what it had to teach, and not, when I came to die, discover that I had not lived.”

Bob lived and lived well. He was a great Canadian and he will live on in all of us who had the privilege to know him. I cannot think of any higher achievement, any higher recognition of a life well lived, than having those who knew us proudly say, after we are gone, that we lost one of the good ones but that I am happy I knew him.

He achieved that. We will miss him and we will never forget.

Criminal CodeGovernment Orders

May 8th, 2019 / 5:30 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, what the member for Esquimalt—Saanich—Sooke said is very important to remember. When the member for Vancouver East stood to move that motion, we put no speakers up. We were interested in going straight to a vote. I just want to put the facts straight before the House.

In my riding of Cowichan—Malahat—Langford, we had a dreadful case of animal cruelty last year. I acknowledge that changing the law, by itself, would not solve animal cruelty. It would be one important tool, but we need a variety of measures.

Shortly after the government defeated its own Liberal member's bill, Bill C-246, the then justice minister made a promise before the media that her government would be looking at the whole range of tools in the tool kit to see if it could revisit this issue. It dragged on through 2016, 2017 and 2018, and here we are finally in 2019.

Can my colleague add some comments on how the government has moved at such a glacial pace on such low-hanging fruit as Bill C-84?

Third ReadingCriminal CodeGovernment Orders

May 8th, 2019 / 5:15 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, let me just pick up again on Bill C-246, the Liberal backbench bill that the government defeated. It would have also dealt with the things that are in this government bill. We could have done what is in this bill before us, and more, by passing that private member's bill.

Perhaps most importantly, Bill C-246 would have moved offences against animals out of the property section of the Criminal Code and into a new section dedicated to offences against animals. This would not only have been an important legal reform; I think it would also be a very important symbol of our need as humans to rethink our place in the natural universe and to see ourselves as part of the web of nature on which we depend for our very survival, rather than seeing the Earth and all of its beings as simply property for us to use and discard when we are done.

I have spent a lot of time on this private member's bill because it puts the much narrower government bill in front of us into a proper context. The fact that the government used its majority to defeat a more comprehensive reform of animal cruelty legislation tempers the credit the government should get for bringing forward this bill today.

At this point, I also want to give credit to the Conservative member for Calgary Nose Hill, who pushed the government to act on the very narrow definition that the Supreme Court found by introducing her own private member's bill, Bill C-388, in order to make sure that the government was forced to bring forward its own bill instead of having to deal with hers.

The member for Calgary Nose Hill did acknowledge some concerns in her caucus that attempting to modernize and strengthen animal cruelty provisions might affect farmers and hunters. I also want to acknowledge concerns in indigenous communities that reforms of animal cruelty legislation should not infringe on aboriginal rights and traditional hunting practices.

However, like the member for Calgary Nose Hill, I believe we can update animal cruelty legislation and at the same time avoid unintended impacts on farmers and hunters and unintended consequences with regard to aboriginal rights.

Perhaps I should mention that I am not a hunter, nor have I eaten meat for more than 35 years. I am a proud dog owner, although I resisted the temptation today to wear a t-shirt with a picture of my poodle on it under my jacket. I should also say that my support for this bill will keep peace at home, as my partner is a very passionate advocate for animal rights.

In fact, New Democrats in this House have consistently advocated reform of animal cruelty laws. The member for Port Moody—Coquitlam has proposed his private member's bill, Bill C-380, which would have banned the importation of shark fins. He has been working very hard on the Senate bill, Bill S-238, which is a parallel bill, to make sure that we pass that bill before the House rises to help end the cruel practice of shark finning.

Both the member for Vancouver East and the member for New Westminster—Burnaby have introduced motions to ban the import of products containing dog and cat fur. Former Toronto NDP MP Peggy Nash had a private member's bill, Bill C-232, to strengthen animal cruelty laws, as did former NDP Quebec MP Isabelle Morin, so this is not a new cause for us to take up. This is something we have been fighting for for many years in this House.

At the justice committee, the member for Beaches—East York moved an amendment to Bill C-84, which was adopted unanimously and which broadened the government's too-narrow bill, and three very important provisions were added to the bill in committee.

The first of those allows a prohibition order on animal ownership for a certain period, as determined by a judge. The second makes it an offence to violate an order prohibiting animal ownership, meaning that someone could actually be prosecuted for violating that order of prohibition. The third allows restitution orders to compel those convicted to pay for the care of animals injured. Those were quite important aspects from his own private member's bill on which the member got consensus to bring into the bill before us today.

A separate amendment was also adopted to add bestiality to the list of offences covered in the Sex Offender Information Registration Act. As the member for St. Albert—Edmonton very clearly pointed out, the reason for doing this is that abuse of animals is often an indicator of other forms of abuse, in particular of child abuse. This becomes information that is very useful to the police. I thank him for bringing forward that amendment to this bill.

Those two amendments, one with three provisions and one with one provision, added important aspects to Bill C-84, even though it remains, as I said before, less than the comprehensive reform of animal cruelty legislation that I would like to see before the House.

Still, Bill C-84 does redefine bestiality more broadly than the court decision and it does prohibit a broader range of activities associated with animal fighting, so I and my fellow New Democrats are supporting this bill.

I would have to say personally that even if it contained only the provisions banning activities associated with animal fighting, I would support this bill. It is important to ban promoting, arranging and profiting from animal fighting. It is important to ban breeding, training or transporting animals to fight and it is important to ban keeping any arena for the purpose of animal fighting. I think these are very important steps.

I am not going to go on for a long time, despite the accusations of the government that the reason that we wanted to speak was to delay the bill. I am not even going to use all my time today. I want to conclude by saying that the reason I wanted to speak is to bring our attention to the fact that there is still a lot of work to do on animal cruelty after we pass Bill C-84.

We are missing the opportunity for that comprehensive reform that I have been talking about. In particular, I believe this bill should have included basic standards of care and housing for animals. It could also have included restrictions on tethering animals, in particular dogs, a practice that, since it is unregulated, can be a severe threat to the health and safety of dogs. Of course, tethered dogs are much more likely to bite, and specifically to bite children. In fact, according to the Montreal SPCA, tethered dogs are three times more likely to bite and five times more likely to bite children.

Again, after Bill C-84 passes, there is much more work to do beyond fixing the additional provisions of the Criminal Code that I mentioned earlier. Most important, of course, is the work that needs to be done on protecting endangered species and the habitat that they depend on. This past week, we saw the release of an alarming report from the United Nations intergovernmental science-policy platform on biodiversity. This report documents the unprecedented and accelerating rates of species' extinction at rates never before seen in human history. The report warns that more than one million animal and plant species are facing extinction within the next few decades as a result of human activity.

What we do need now, and I mean right now, are bold measures to protect and preserve the ecosystems that the endangered plants and animals depend on. Since I arrived in this House eight years ago, I have been an advocate for emergency action to protect the southern resident killer whales, as we are at the brink of losing a species, each of whose name is individually known. Instead of a bold and urgent recovery plan for the orcas that would mobilize large-scale habitat restoration where appropriate and put millions of hatchery chinook in the water, this work is being left to volunteers, and they have undertaken this work without any government support. Instead of support, we have a timid recovery plan that tries to manage declining stocks of chinook by relying on fishing restrictions when everybody knows that what we actually need—not just the whales, but all of us—is more fish in the water.

In conclusion, while passing Bill C-84 is an important step forward in animal protection, it is only a first step in a process that will require us to re-examine our place in the natural world.

Third ReadingCriminal CodeGovernment Orders

May 8th, 2019 / 5:15 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, given the debate we just had on time allocation, I want to assure the House that I am very pleased to get up today to speak to Bill C-84. However, I am disappointed not to be speaking to a broader bill that could have simply been called “an act to amend the Criminal Code, animal cruelty”, because what we really needed was a broad review of the animal cruelty legislation and not a bill just narrowly focused on bestiality and animal fighting. Instead of that broader review, the government introduced a narrow and weak bill, which, fortunately, the justice committee strengthened with amendments. I will return to those in a moment.

Even though the Liberal government has missed the larger opportunity to modify animal cruelty provisions in the Criminal Code as a whole, some legislation on animal cruelty is long overdue. By my count, since 1999, there have been 14 failed attempts to amend Canada's animal cruelty laws. Some would argue that we have seen no significant changes in animal cruelty laws since the 1950s. I have to say that I am not sure that we would have seen the government introduce any legislation on animal cruelty at all if it had not been for the Supreme Court decision in R. v. D.L.W., in 2016, which pointed out the problems with the narrow definition of bestiality in the existing Criminal Code provisions.

My skepticism of the will of the Liberals to act was fuelled when the Liberals used their majority to defeat their own backbencher's private member's bill, Bill C-246, from the member for Beaches—East York,, entitled the modernizing animal protections act. That was the kind of broad look at the changes we needed and that this government bill should have brought forward. Bill C-246 would have provided for much more comprehensive reform than we have in the bill before us today, and New Democrats supported that bill when it came before the House, in contrast to the Liberals.

Bill C-246 would have increased sentences for repeat animal abusers, including creating the ability to have a lifetime ban, after a second conviction, on any ownership of animals. However, that is not in the bill we are dealing with today, and I am disappointed that it is not there.

As well, Bill C-246 proposed to deal with a wide range of acts beyond the Criminal Code that actually deal with the way we treat animals, including the Fisheries Act, the Textile Labelling Act, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act—

Ban on Shark Fin Importation and Exportation ActPrivate Members' Business

May 1st, 2019 / 6:20 p.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, today I rise to address the issue of shark finning.

I have listened to my colleagues on both sides of the House, and I am encouraged by the thoughtfulness with which all sides have addressed the issue. In truth, I do not think any private member's bill, except perhaps my bill, Bill C-211, has encouraged such a thoughtful and wholesome debate as Bill S-238 has.

Bill S-238, an act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act regarding importation and exportation of shark fins, was brought forward by our hon. colleague Senator Michael MacDonald. The senator has worked tirelessly to bring this issue to the forefront of public consciousness. He is passionate about this issue. He is committed to seeing this bill receive its due consideration.

There are 465 known species of sharks living in our oceans today. Their importance in the ocean ecosystem cannot be overstated.

Shark finning has been banned in Canada under licensing conditions of the Department of Fisheries and Oceans since 1994. Even though the practice is banned in Canada, the importation of shark fins continues to be permitted. In fact, data suggests that Canada may be the second-highest importer of fins outside of Asia.

The fins are used to make soup and, historically, at a time when landing sharks was far more difficult, the soup was a rarity available only to the wealthy people of some Asian cultures. It was a small industry, with the fins usually salvaged from sharks wholly consumed for food. Today, however, as a sign of social status, shark fin soup is regularly served at weddings and banquets of a wealthier and rapidly expanding middle class. With a single dish of shark fin soup costing over $100 U.S., sharks are now hunted en masse, solely for the value of their fins.

In 2017 alone, Canada imported over 170,000 kilograms of shark fins, a number that represents a 60% increase since 2012. Bill S-238 would put an end to this practice by prohibiting the importation into Canada of shark fins that are not attached to the carcass. Bill S-238 would also define, and enshrine into law, the prohibition on the practice of shark finning.

The bill proposes to amend the Fisheries Act to prohibit the practice of shark finning. It also proposes to amend the Wild Animal and Plant Protection and Regulation of International and lnterprovincial Trade Act to prohibit the importation into Canada of shark fins that are not attached to the shark carcass. The bill permits an exemption to the shark fin ban if the minister is of the opinion that the importation “is for the purpose of scientific research relating to shark conservation that is conducted by qualified persons” and “the activity benefits the survival of shark species or is required to enhance their chance of survival in the wild.”

Earlier in this Parliament, the member for Beaches—East York introduced a very similar bill, Bill C-246, An Act to amend the Criminal Code, the Fisheries Act, the Textile Labelling Act, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and the Canada Consumer Product Safety Act (animal protection). His bill was defeated at second reading and did not make it to committee for further study.

In the last Parliament, the member for Port Moody—Coquitlam introduced legislation to ban the import of shark fins. His bill, Bill C-380, was also narrowly defeated, but in my research I found some interesting points that I would like to bring up in this debate.

During the debate on February 11, 2013, the member for Cardigan said this:

It is dependent upon us as federal legislators to be very sensitive to the cultural and identity concerns of Canada's many different communities, while still taking a strong stance against the very cruel and inhumane practice of shark finning, which is still practised in countries around the world. Not all shark fisheries involve species that are threatened, and not all shark fishers participate in the cruel practice of shark finning.

This is also an important point to make. We must not put countries that do a good job of regulating their shark fisheries to prevent overfishing and cruelty in the same boat as countries that permit overfishing and shark finning. If we punish only those countries that allow these practices by banning imports from them we would send them a very clear message that this is unacceptable. Perhaps this would be an incentive for those countries to change the way they handle their shark fisheries and perhaps other countries would follow suit.

However, if we also punish those countries that are doing a good job regulating their shark fisheries and preventing cruelty, what message are we sending to them? We would be sending the message that it makes no difference whether they regulate their fisheries and prevent cruelty; that we will treat them the same as countries with unregulated fisheries that allow overfishing to destroy shark stocks and that allow the cruel practice of shark finning. I certainly do not feel that this would be a prudent thing to do.

I think the remarks that the Minister of Agriculture made then are just as important today.

It is important that we get this right. Our former Conservative government committed to addressing the serious problem of shark finning during our time in office. We acted on several fronts. We worked through regional fisheries management organizations, such as the Northwest Atlantic Fisheries Organization, to ensure strong management and enforcement practices globally, to prevent unsustainable practices such as finning.

The bill before us and the previous incarnations have not been without controversy. I have received tons and tons of emails, as well as recipes, at some point, for shark fin, so both sides of the argument have been heard in our office. As with previous similar pieces of legislation, cultural communities across the country have voiced their opposition to an outright ban on imports.

In late 2011, the City of Brantford, as discussed, became the first city in Canada to pass new bylaws to ban the possession, sale or consumption of shark fin products. In that medium-sized city, where no restaurants that served shark fin existed, there was no opposition to the ban, which was largely symbolic. Nevertheless, a handful of cities soon followed, notably Toronto, Calgary, Mississauga and several others in southern Ontario. Markham and Richmond Hill opted not to bring forth the motion, suggesting that this issue is a federal matter.

Chinese restaurants and businesses selling shark fin opposed the ban, and in late 2011, suggested that they would challenge the bylaws before the courts once fines were imposed. When Toronto imposed steep fines, the restaurants did just that, and they won. In late 2012, the Ontario Superior Court overturned Toronto's shark fin ban, ruling that the law, as written, was outside the powers of the city to impose without a “legitimate local purpose”, and was therefore of “no force and effect”. The judge accepted that the practice of shark finning was inhumane, but he did not agree with Toronto's justification of local purpose, namely, that the consumption of shark fins may have an “adverse impact” on the health and safety of its residents and on the environmental well-being of the city.

I want to be very clear. This topic has evoked a considerable amount of thoughtful discussion and debate, of which I am very appreciative. I also want to thank our colleagues for proposing this legislation. Canadians should expect this type of respectful discussion when legislation such as Bill C-238 is brought forth. It is what they expect us as parliamentarians and legislators to do. It is clear that we need to consider all aspects of this legislation, and I look forward to hearing from my colleagues as we continue this debate.

Criminal CodeGovernment Orders

March 18th, 2019 / 1:30 p.m.


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NDP

Randall Garrison NDP Esquimalt—Saanich—Sooke, BC

Mr. Speaker, I find it curious that the parliamentary secretary mentioned the private member's bill brought forward by the member for Beaches—East York, Bill C-246. The government did not get behind that bill, which was a much more comprehensive review of animal cruelty laws. It would have provided us with all the things in Bill C-84, essentially, plus a lot more that we really need to address, including the change from considering animals under the property sections of the Criminal Code to establishing a separate section of the Criminal Code for offences against animals.

I am wondering why the government did not support that private member's bill.

Ending the Captivity of Whales and Dolphins ActPrivate Members' Business

November 29th, 2018 / 5:45 p.m.


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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I am pleased to rise to speak on Bill S-203.

I am opposed to this bill. The bill is fundamentally flawed. I was interested to hear the previous two speakers conflate this particular bill with environmental conservation and the conservation of whales. This has nothing to do with conservation or the environment.

Any population ecologist worth their salt only considers the numbers of individuals who are in the population. With this particular bill, even though the previous speakers tried to conflate it with environmental protection, the only thing that counts are the numbers of cetaceans that are out there, the population size.

This bill will do nothing for the conservation of cetaceans or, indeed, the understanding of the natural world. This particular bill, in my view, is an emotional reaction to a problem that simply does not exist.

In terms of cetaceans, I know that the government is always pointing out the problem populations, and quite rightly so, the southern killer whale, the Atlantic right whale, the belugas in the St. Lawrence. I am pleased to say that in Manitoba, off the Churchill estuary, we have a population of beluga whales of 55,000 individual animals. Studies have shown that population is stable and/or increasing.

Obviously, interacting with cetaceans in the wild is desirable, but many Canadians simply do not have the opportunity to do so. I was interested in the parliamentary secretary's comments about the Arctic and narwhals. I think I am one of the few people in this House, apart from the member for Nunavut, who has actually seen narwhals and experienced their beauty in the wild. It is something that very few people will see. They are remarkable creatures.

Many Canadians, however, do not have the opportunities that people like myself or those in the science community have had. Viewing cetaceans in captivity may be the only opportunity for many to understand cetaceans. Again, if the only place a person from an urban area who does not have a chance to get out in the wild and view cetaceans can learn about cetaceans is in captivity, obviously there are communication tools that various facilities will use to inform the visitors about cetaceans, cetacean conservation and the issue of the endangered species, for example. These are very important communications tools.

Regarding Ontario, I have been advised that there was a lengthy public debate in Ontario, which included the creation of an independent and international scientific advisory panel. They produced a very comprehensive report. There was the creation of a technical advisory group, composed of stakeholders from across the country. There were public hearings. I have been advised that provincial legislation has been passed that expressly permits keeping marine mammals in humane care, and creates and implements stringent regulations regarding the care and treatment of marine mammals.

The member for Saanich—Gulf Islands talked about the issues of animal cruelty and so on, and it reminds me of the debate we had on Bill C-246. The slippery slope is alive and well when it comes to this type of legislation. Who knows where it will lead, to rodeos or medical research? Who knows where this will lead once a bill like this is passed?

In terms of Marineland, again the founder of Marineland, John Holer, who is sadly now deceased, spoke to the Senate committee on May 16, 2017. Some of the takeaways from his testimony were that Marineland employs over 100 people year round and 700 during the operation season; Marineland has employed over 50,000 people in its 56 years of successful operation; Marineland does not seek or rely upon any public funding; Marineland annually commits approximately $4 million a year to advertising, reaching more than 15 million people across Canada and the U.S.; and Marineland attracts close to a million visitors yearly to the Niagara region.

Obviously, the entire regional economy benefits from this tourism opportunity. Also of tremendous importance, thousands of special needs children, at least 3,500 per year, visit Marineland through special programs, including events like Autism Day.

What is important is looking at the population of cetaceans. I go back to the point that this particular bill has nothing to do with environmental conservation. Nobody should be led to believe that it does.

However, the humane holding of cetaceans in captivity, following veterinary-approved codes of practice, is a conservation tool that can be used to educate Canadians about cetaceans.

I recall, for example, the great debates that we had on Bill C-246, the animal rights bill, a private member's bill that a Liberal member of Parliament tabled. Thankfully, a number of people in the government caucus voted against that bill, despite the protestations of the member who introduced the bill that it would not affect any of the animal-use communities.

The animal rights movement is clever in how it pushes forward legislation or policy change. The process is to start with something that seems innocent and then keep going and going, and pretty soon who knows what will be banned? For example, once we ban cetaceans from captivity, what is next? Let us look at beluga whales for example.

There are 55,000 beluga whales in the Churchill River estuary during the summer months. They are hunted by Inuit people from Arviat further north. Taking a few and putting them in captivity would mean nothing to the population of beluga.

Right now, however, polar bears are allowed to be held in captivity. Winnipeg has a world-famous, multimillion dollar polar bear exhibit. The number of polar bears is less than half that of beluga whales. What is next? This can go on and on.

Some people have a real antipathy towards zoos in general or animals in captivity, but this is how these campaigns start and this is the reason I will be actively opposing this legislation.

In terms of cetaceans, and as someone who has been to the Churchill River estuary and seen beluga whales, I have also been fortunate enough to see narwhals, which are incredible creatures. I can certainly understand the attachment people have to these beautiful creatures. Again, we admire them because we are taught about the beauty of nature and wildlife in facilities that are responsible and effective. However, without these facilities, many Canadians would never see such creatures.

The parliamentary secretary talked about the conservation of cetaceans. I want to tell him and the government caucus about the devastating effect that the new marine mammal regulations will have on the community of Churchill.

As I said, in the estuary in the summertime beluga whales are there in the thousands. As soon as a boat is launched, they swim up to it and there is nothing that can be done about it. These ridiculous marine mammal regulations that the government is insisting on enforcing would potentially kill this $10 million industry.

I made a statement about Churchill earlier in the House today. Ecotourism is a $10 million a year industry, employing 300 people. But the community of Churchill is on the ropes economically, and the whale and polar bear watching industries are the lifeblood of that particular community.

In the new marine mammal regulations, there is a minimum distance requirement of 50 metres. In the Churchill River estuary, which is not a very large area, there could be 30,000 beluga whales. How can they be avoided? Interestingly enough, the marine mammal regulations do not apply to large vessels that may be plowing up and down the estuary. They can plow through belugas willy-nilly, pardon the pun.

In terms of the ecotourism industry in the Churchill area, the very gentle environmental “use” this industry makes of the Churchill River estuary is the ultimate in sustainability, yet the government is promulgating marine mammal regulations that could potentially put that industry out of business.

I heard about the situation with humpback whales in Conception Bay. The operators there offer people the opportunity to slip into the water and swim with the whales. That would be completely banned under the new regulations. I have been told that the operator in Conception Bay lost $60,000 in business.

None of these regulations will have any positive impact on cetacean populations whatsoever. I guarantee there has been no scientific proof that these marine mammal regulations will improve the situation of cetaceans in Canada. All they will do, as the Liberal government has done over and over again, is to hurt remote rural communities. I find that unacceptable.

Criminal CodeGovernment Orders

October 29th, 2018 / 4:50 p.m.


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Liberal

Julie Dzerowicz Liberal Davenport, ON

Mr. Speaker, I am pleased to rise in the House to speak to Bill C-84, an act to amend the Criminal Code, bestiality and animal fighting.

Animal rights, updated animal cruelty laws and anything to do with taking care of our animals are very important to Davenport residents, so I felt it was important for me to speak to the bill.

I have received hundreds of letters over the years since I have been elected and a number of calls to action around improving our animal cruelty laws and many of the issues that have been talked about in the House in our discussion on Bill C-84.

Before I begin my formal remarks, I want to acknowledge the work of my colleague from Beaches—East York who introduced Bill C-246 two years ago. This proposed legislation was intended to modernize many aspects of Canada's animal cruelty laws. While the bill was ultimately defeated, I did vote in favour of it, not only because of the overwhelming support of it by Davenport residents but because I personally felt the time had come for us, on a fairly big scale, to update the legislation in a number of ways.

However, it was partly due to the member's efforts that the Minister of Justice and Attorney General of Canada committed to review the animal cruelty offences. She engaged in a broad public consultation that led to proposing Bill C-84, which is what I will speak on today. I will focus on a couple of areas.

I think we can agree that bestiality, its links to child sexual abuse, cruelty to animals and the issue of animal fighting are major concerns in Canada. Therefore, Bill C-84 proposes to do a few things, including providing a clear definition for bestiality as well as strengthen and modernize Canada's animal fighting laws. I will focus on these two issues in the bill, which have broad support.

First, Bill C-84 would fill a gap identified as a result of the 2016 Supreme Court of Canada's decision in the case of R v. D.L.W. in relation to the prohibition of acts of bestiality. In the D.L.W. decision, the Supreme Court was asked to interpret the scope of the bestiality offence under the Criminal Code. Surprisingly, it was found that the Criminal Code did not contain a definition of bestiality.

In considering the origins and historical evolution of the common law bestiality provision, the court stated that penetration had always been one of the central elements of the offence. The court refused to interpret bestiality in such a way as to broaden its scope, saying that the decision to broaden the definition fell squarely within the responsibility of Parliament. The Supreme Court decision in the D.L.W. case allowed us to identify a gap in the law that the bestiality offences in force did not apply to persons who committed sexual acts with non-penetrating animals, even in the presence of children or with children.

Many stakeholders, including child and animal advocates and even some provincial governments, urged the federal government to act on the D.L.W. decision and to fill deficiencies identified by the Supreme Court. The first amendment proposed in the bill therefore is to define the term “bestiality” in the Criminal Code to prohibit “any contact, for a sexual purpose, with an animal”. This proposed legislative amendment will serve several important purposes, such as the protection of children and other vulnerable persons who may witness or be forced to witness an act of bestiality.

The proposed legislative amendment contains a strong public safety component. Research shows that violence, including sexual violence against women and children and violence against animals, are not separate and distinct issues. Rather, they are part of a broader context of violence that is inextricably linked.

In fact, research conducted by the Canadian Centre for Child Protection on images of child sexual exploitation on websites reported that between 2002 and 2009, 35% of all images analyzed involved serious sexual assault, including bondage or sexual servitude, torture and bestiality. This data demonstrated that there was a clear link between bestiality, child sexual abuse and other forms of violence.

In addition, since the D.L.W. decision, the case law analysis on this issue also revealed numerous cases where offenders convicted of possession of child pornography were sadly viewing images of children aged one to 16 engaging in bestiality acts.

Case law further demonstrates that when sexual violence against a child involves an animal, the level of criminal behaviour may be particularly serious, and acts of sexual violence committed do not always involve penetration.

Since the D.L.W. decision, bestiality offences under the Criminal Code do not apply in cases where the offender commits sexual acts with non-penetrating animals. The impact is that animals are only protected from non-penetrative sexual acts by persons when the sexual act causes physical injury to the animal and is therefore an offence for cruelty to animals. Likewise, children are only protected from being compelled to commit or witness acts of bestiality without penetration when other sexual offences against the child apply.

Bill C-84's proposal to define bestiality fills this gap by making it clear that all acts of sex with animals are prohibited under the bestiality provisions of Canada regardless of the circumstances. In other words, society has no legitimate interest in allowing people to commit sexual acts with animals, especially in the presence of children or with their participation. The bill proposes to define bestiality as “any contact, for a sexual purpose, with an animal”.

The meaning of this sentence is well understood and established in law. This expression is found in several other provisions of the Criminal Code, such as child pornography, luring on the Internet and making sexually explicit material available to a child.

In the 2001 Sharpe decision, the Supreme Court of Canada interpreted the sentence in the context of the child pornography offence to mean that the act, viewed objectively, was committed for the sexual gratification of the involved child. It would be noted that the proposed definition clearly would not intended for animal breeding activities such as artificial insemination.

I would now like to highlight the provisions in the bill to strengthen Canada's animal fighting laws.

At the moment, the Criminal Code prohibits anyone from encouraging or assisting in the fighting or harassment of animals and anyone who constructs and maintains an arena for cock fighting on the premises that the person owns or occupies or to permit such an arena to be constructed, maintained or guarded on those premises. The bill would ensure that all activities contributing to animal fighting would be prohibited and that all animals would be entitled to the same protection. This would be achieved by amending section 445.1 of the Criminal Code to prohibit a wider range of activities, such as promoting, organizing and participating in animal fights.

In addition, Bill C-84 would ensure that section 447 would prohibit all arenas of animal fighting, not only those that would be committed to cock fighting. While there are no reliable statistics on the extent of animal fighting in Canada, given the clandestine nature, we know that animal fighting activities are often related to organized crime, including illegal gambling, trafficking, illicit drugs and weapons. Although cock fighting has become a thing of the past in Canada, the incidence of other forms of animal fighting, particularly those including dogs, has increased.

The animal fighting offence reforms proposed in the bill will achieve a number of important goals, including the following two. They will make it clear that all forms of animal fighting are prohibited. They will strengthen our ability to bring to justice those who commit these heinous crimes and to track the number of cases.

I would like to point out that the broadening of the scope of animal welfare offences does not involve legitimate activities such as hunting, training or the use of dogs for protection purposes. Rather, it targets acts of gratuitous violence that have no place and no legitimate purpose in our country.

Although this is a relatively short bill, the proposed amendments are necessary to fill real gaps in the criminal law.

In short, the bill is part of the firm commitment of the Minister of Justice to examine and strengthen the animal cruelty laws. I hope all members of Parliament will join me in supporting the proposed reforms. I encourage all members of the House to unanimously support the speedy passage of Bill C-84.

Criminal CodeGovernment Orders

October 29th, 2018 / 4:35 p.m.


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Liberal

Peter Fonseca Liberal Mississauga East—Cooksville, ON

Mr. Speaker, I will be sharing my time with the member for Davenport.

What this bill brings forward is a balance: more protections for animals against animal cruelty, and also an understanding of the important work that farmers need to do.

We are going to talk a lot about the legislation, but nothing brings it more to life than a story. I was listening to the member for Cowichan—Malahat—Langford talking about Teddy the dog and the abuse it suffered and how the community has rallied. We have heard from citizens from coast to coast to coast how important this is. That is significant. We know these stories have happened in all of our ridings and it is important for us to protect those who do not have a voice, our animals. That is why it brings me great pleasure to be able to speak to Bill C-84, an act to amend the Criminal Code (bestiality and animal fighting). This bill proposes several amendments to the Criminal Code to improve and expand the law in respect of these two issues.

Historically, discussions surrounding the criminalization of certain types of behaviours toward animals have tended to generate significant controversy and strong passion on various sides. As we experienced during the second reading debate on Bill C-246, the modernizing animal protections act, it is not always easy to reconcile competing interests in this area of the law. Despite the challenges we see time and again on these broader questions, I believe it is important, as a starting point, to recognize that the measures proposed in this bill focus on two issues that enjoy broad support. In fact, I understand that a wide variety of stakeholder groups have written to the Minister of Justice in support of these specific proposals. In addition to the Canadian Federation of Humane Societies and the Canadian Veterinary Medical Association, and a diverse range of stakeholders from the agriculture sector have equally expressed their support, again striking the right balance.

It is clear that there is more we can do as parliamentarians to protect animals and to condemn those who intentionally subject them to harm. When we can all come together, we can get important things done. That is precisely what this bill seeks to do. Bill C-84 seeks to better protect children and other vulnerable persons and animals in a couple of different ways.

First, there are amendments to existing offences in relation to animal fighting. Causing animals to fight each other is generally done for the economic gain of some people and the entertainment of others. In all of its manifestations, it is an abhorrent behaviour that has no place in Canadian society. It has long been prohibited under criminal law. Animal fighting can be a complex enterprise involving many people at different stages of the operation. Because there are a variety of activities carried out by numerous different people, possibly in different places, it can make it challenging to define the scope of the offence and to prosecute those offenders. In fact, animal fighting has been shown to be linked to organized crime. We might suspect the reason for this is that it is a profit-generating activity, which is what criminal organizations are only interested in. This potential link with organized crime is yet another reason to take seriously the measures proposed in this bill.

Criminal law seeks to define offences by identifying specific actions that are prohibited. The time has come to update the existing prohibitions to ensure that all of the various activities done in support of animal fighting are clearly prohibited. That is precisely what this bill does. The existing offence in paragraph 445.1(1)(b) of the Criminal Code prohibits encouraging, aiding or assisting the fighting of animals. The problem with this is that it is not entirely clear what conduct is or is not prohibited. Therefore, the bill would expand this offence so that it would expressly prohibit a range of additional activities that are done in support of animal fighting. It would add the following to the list of prohibited activities: promoting, arranging, receiving money and taking part in animal fighting, as well as training, transporting or breeding an animal for the purpose of fighting.

The objective of such reforms is to more clearly define what conduct is prohibited in order to facilitate the investigation and prosecution of these offences. Related enforcement actions would be facilitated, because it will be very clear when behaviour is criminal and when it is not. Enforcement bodies will not have to ask themselves whether breeding animals for the purpose of fighting or receiving money from animal fighting are prohibited since the various links on the chain of an animal fighting operation will now all be set out very clearly.

This change would greatly benefit the animals that are deliberately subjected to harm in the most brutal of ways for human entertainment and profit. There is no social value to these activities, only cruelty for its own sake.

It is vital that the law be clear, that animals be protected from the full range of activities that are done in support of animal fighting, and that law enforcement be equipped to detect and stop this crime at whatever stage they find it.

A related amendment is a proposed change to the offence of keeping a cockpit, dealt with in section 447 of the Criminal Code. The narrow scope of this offence is likely a result of the historical era in which it was enacted, a time when animal fighting would have primarily involved cockfighting.

Today we know that animal fighting can take other forms, most notably dog fighting. Bill C-84 would therefore broaden the current offence so that individuals who make or maintain arenas that are intended to be used in fighting by any type of animal are subject to criminal law.

I would also note that research continues to show a correlation between animal cruelty and other forms of criminality and violence. While these proposed reforms target one form of animal cruelty, the broader context remains relevant. Where individuals participate in the senseless brutalization of animals, this kind of behaviour represents a threat to public safety that we must all be concerned about.

The other major component of this legislation addresses bestiality. There have always been offences prohibiting bestiality in the Criminal Code, including prohibiting the compelling of a person to engage in bestiality and inciting a person under 16 years of age to engage in bestiality or engaging in it in the presence of an individual, as dealt with in section 160 of the Criminal Code.

However, there is currently no definition of bestiality in the Criminal Code. In the 2016 decision of the Supreme Court of Canada in R. v. D.L.W., the court held that the common law definition of bestiality is limited to sex acts with animals that involve penetration. This ruling generated a lot of commentary, with many Canadians feeling that it left out many of the offences and forms of behaviour that are harmful and equally deserving of prohibition.

While interpreting these offences is in the domain of the courts, creating new offences or expanding the scope of the existing ones is something that only Parliament can do, and this is precisely what Bill C-84 proposes to do. The bill proposes to amend the relevant section, section 160, to define bestiality for the first time in the Criminal Code.

It is entirely appropriate for Parliament to define the scope of key terms in criminal offences, as this is in fact what defines the scope of criminal conduct. It is our responsibility not just to ensure clarity in the scope of criminal offences, but also to ensure that the scope of criminal offences keeps up with modern times and adequately protects the public from offensive behaviour in a way that is consistent with our collective values.

I am confident that Canadians will support these proposed measures, which aim to clearly identify as unacceptable certain forms of conduct that are harmful to animals, to children and to the whole of society.

I urge all members to support this legislation to ensure its swift passage. This is the right piece of legislation that will bring that balance by protecting animals from cruelty and also ensuring that farmers will be able to do their jobs. Stakeholders are onside. It is time to move forward.

Criminal CodeGovernment Orders

October 29th, 2018 / 1:30 p.m.


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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. Speaker, I will be sharing my time with the member for Toronto—Danforth.

I am very pleased to have this opportunity to speak to Bill C-84, a bill that proposes several amendments that would strengthen the Criminal Code's response to bestiality and animal fighting.

I have been passionate about animal protection all my life. During my five years on Oakville's town council I had the opportunity and privilege to work with the Oakville & Milton Humane Society and its former executive director, Kim Millan. I have spoken at length with Kim, as well as former OSPCA officer, Laura Mackasey , and current OSPCA officer, Caitlin Jones who are the front line when dealing with animal cruelty cases. I can remember so clearly Laura and Kim saying to me, “We want to do more, but our hands are tied by legislation.” I was actually shocked at how our laws had failed to keep up with the realties of our world.

I was an early and vocal supporter of the member for Beaches—East York's private member's Bill C-246, and met with my local humane society about the proposed legislation. It also publicly supported the bill because it deals with animal cruelty on a daily basis and knows how critical it is to update our laws. Quite frankly, those on the front line of animal cruelty need governments to step up and give them the tools they need to protect animals.

The bill before us today reflects the Minister of Justice's commitment to review animal welfare laws in the wake of the defeat of Bill C-246. She held extensive consultations all across Canada. Bill C-84 is an excellent first step, but quite frankly, there is more to be done by all levels of government to end animal cruelty.

I will highlight one issue which was brought to my attention by someone who has worked in the field for many years. We need to ensure that any person convicted of an offence of animal cruelty should be prohibited from ever owning an animal again, and if the person is prohibited from owning an animal in one province, that restriction should apply in all provinces. It is my hope that this is something that could be considered at committee.

We know there is a direct link between animal cruelty and child abuse and also between animal cruelty and domestic violence. That is why we must take the abuse of animals seriously. Research from the University of Windsor found a strong correlation between the abuse of human family members and the treatment of companion animals. Childhood sexual assault is also linked with animal sexual assault. Barbara Cartwright, CEO of the Canadian Federation of Humane Societies has stated that not all people who commit animal cruelty are serial predators, but as far as we know, all serial predators have committed acts of animal cruelty. We also know there is a correlation between animal fighting and guns and gangs. Bill C-84 also tightens the law around animal fighting.

I am sure most Canadians are shaking their heads asking why these changes have not been made sooner. I agree, but I applaud the government for bringing Bill C-84 forward.

On the specifics of Bill C-84, I will now focus my comments on the bill's amendment, which arises in the wake of the Supreme Court of Canada's decision in 2016 in the case of D.L.W. In this recent decision, the court limited the meaning of the term “bestiality”. I cannot stress enough how important Bill C-84's bestiality amendment is. Specifically, it would serve to protect vulnerable people, especially children, as well as animals. To be clear from the outset, criminal liability must result whenever any kind of sexual act with animals occur. While difficult to talk about, it is a subject that we must address because of the very real consequences of a lack of legislation on this issue.

The term “bestiality” has never been defined in statute in Canada, but it forms the basis for criminal liability in three distinct Criminal Code offences. Canada's bestiality provisions find their origin in ancient British law, and the offence was included in Canada's first Criminal Code in 1892. The recent Supreme Court case was the first time the Supreme Court of Canada had the occasion to consider the meaning of the term “bestiality”. Because there was no statutory definition of the term, the court examined its history and its interpretation at common law to determine its meaning.

The court found that sexual penetration has always been one of its essential elements. Nothing in the legislative history of Canada's bestiality provisions was found to have changed its original meaning at common law. Importantly, the court also noted that any changes to the scope of existing criminal offences must be made by Parliament.

The circumstances of the D.L.W. case are disturbing, to say the very least. Without elaborating on the extensive and sustained sexual abuse that the accused perpetrated against the victims over a period of approximately 10 years, the court was asked to consider whether the activity constituted a form of bestiality. The majority of the court answered the question in the negative because of the historical interpretation given to the offence.

The decision stated that the courts must not create new crimes that Parliament never explicitly intended and expanding the scope of bestiality to include all sexual acts between humans and animals would do just that, largely because, in the words of the Supreme Court, “there is not, and has never been in Canada, any statutory definition, exhaustive or otherwise, of the elements of bestiality.” The court also pointed to the ongoing significant policy debates about what the focus of this sort of offence ought to be and once again clarified that it is for Parliament, not the courts, to expand the scope of criminal liability for this ancient offence.

Bill C-84 proposes an amendment that would achieve exactly what the courts have suggested. Specifically, it would define “bestiality” as “any contact for a sexual purpose with an animal”. It would mean that accused persons, like the one in the D.L.W. case, would no longer be acquitted simply because the sexual abuse in question did not involve penetration. This is an appropriate and necessary response to the Supreme Court's decision. As parliamentarians, it is our duty to ensure the criminal law protects the most vulnerable, especially children. Involving animals in harmful contact is often indicative of a propensity for even more serious offending.

As I stated earlier, there is an established link between animal cruelty and child abuse. The D.L.W. case is a case in point. We must extend the criminal law's protections in this regard. Undoubtedly, the Criminal Code contains other offences that could apply to the conduct at issue in the D.L.W. case. At the same time, the proposed changes would send a clear message that forcing others to engage in sexual acts with animals and involving children or animals in this kind of activity is harmful and will not be tolerated.

The bill's second focus on animal fighting is also an overdue change to our legislative framework in Canada. Our society does not tolerate these abuses of animals and I am pleased the government has introduced Bill C-84 to protect the vulnerable, animals and Canadian society in general. It is my hope that this legislation will go a long way in also helping people like those who work with the Oakville & Milton Humane Society, as well as the Ontario Society for the Prevention of Cruelty to Animals, to do their jobs more easily and give them the legislative framework they have been calling for.

I call on all members of this House to support this bill.

Criminal CodeGovernment Orders

October 29th, 2018 / 1 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I am happy to be partaking in today's debate on Bill C-84. It touches some subject matter which is difficult to talk about, but that is often the case with the Criminal Code. The Criminal Code is a gigantic statute that has to cover everything that could possibly go wrong in society and figure out how we amend and correct that behaviour, but also how we dole out punishment.

Bill C-84 is specifically aimed at addressing gaps in the Criminal Code that exist with respect to animal bestiality and animal fighting. Supreme Court decision R. v. D.L.W., from 2016, was referenced by both the Minister of Justice and the hon. member for Calgary Nose Hill.

Specifically, Bill C-84 would update section 160 of the Criminal Code to include a broader and more comprehensive definition of “bestiality” and would amend paragraph 445.(1)(b) and subsection 447(1) to address animal fighting, specifically building facilities to harbour animal fighting and also promoting or making money from the event.

Canada's animal welfare laws have not been substantively changed since the 1890s, which has to say something to anyone listening to this debate.

I want to acknowledge the member for Calgary Nose Hill, who brought forward a private member's bill on this issue, Bill C-388. In her drafting of Bill C-84, the Minister of Justice lifted Bill C-388 and included it. Therefore, that is an acknowledgement of the work the member for Calgary Nose Hill has done.

I know the member for Calgary Nose Hill was recently in a bit of a tussle with an iPolitics columnist on an article he recently wrote. He was looking at some of the statistics that existed with this crime. There is the Supreme Court of Canada case I mentioned and there has been one case in federal court. Even in the province of Alberta, which is home to 4.3 million people, six people were charged with that offence between 2013 and 2017. Therefore, it is not a very wide ranging crime. It is certainly an abhorrent one and one we should we should rightfully close in the Criminal Code.

What I am concerned about is not really what is in Bill C-84, which I hope will receive unanimous consent in the House to have it sent to the Standing Committee on Justice and Human Rights. I am mostly concerned about what is not in it. I also agree with the member for Calgary Nose Hill's assessment of the glacial pace of justice reform by the Liberal government.

The minister came to power with a mandate letter from the Prime Minister, signalling bold criminal justice reform. We had a series of four government bills, which I will not number. Every time a new justice bill was added, like an amoeba, it would swallow the components of the first one and progressively get bigger and bigger. However, they were all languishing at first reading. Finally, we arrived at Bill C-75 and there was action on that bill, which I believe is currently at the justice committee. However, it has been a pretty glacial pace.

I like and respect the Minister of Justice. I was our party's justice critic for the entire 2017 year. It is a complex subject matter and requires a lot of responsibility and maturity to approach it. However, I have to judge the minister on her performance and I would not really give her a passing mark on the legislative front with respect to the promises made within her mandate letter.

I want to now move to a story from my riding, a story of Teddy the dog. This really goes to the heart of what is not included in Bill C-84. I will give my support to the bill, but I know constituents in my riding will be sorely disappointed. Teddy the dog was one of the most brutal cases of animal abuse the BC SPCA has ever witnessed.

In February of this year, officers came onto a property and found an adult dog tethered by a few inches. It was standing out in the wet and the cold in a pile of its own feces. The officers found a collar imbedded in that dog's neck that had caused the dog's head to swell to three times its original size, because it had been left on the dog from the time it was a puppy. The collar had never been loosened. When the officers removed the poor animal named Teddy and brought it to the veterinarian, the vet had to surgically remove that collar, which exposed the dog's trachea and a mound of infected flesh. Unfortunately, that dog passed away from its injuries.

It is far too often in this country that we hear of cases like that. Changing our laws would not be the magic bullet to solve this problem, but it would be one key, critical component, especially when we have such obvious gaps in our system.

There was a rally in my riding in March, where, as I said earlier, we had people from across the political spectrum. We had supporters of the Conservative Party, the Liberal Party, my party and the Green Party. They were all united, because they cared about animal welfare, and they cared that the state of our animal cruelty laws is not up to what it should be right now.

During that rally, I made a commitment that despite the defeat of Bill C-246, put forward by the member for Beaches—East York, I would continue pressuring the Minister of Justice to close these gaps and address the shortcomings of our current criminal law.

The unfortunate fallout from the case of Teddy the dog was that some people in the community felt that they could take the law into their own hands. A great deal of racism came out of it, because it involved a property on a first nation reserve. Therefore, I want to take this opportunity to remind constituents in my riding that racism and vigilantism have no place in our community. While we must always stand on guard for animal welfare, and certainly prosecute to the fullest extent of the law those who are found guilty, we have to let the law do its job. We have to believe in the rule of law. We cannot support or condone in any way people taking up a case for themselves. I want to make that very clear.

As I mentioned in my question to the Minister of Justice, not only this Parliament but previous Parliaments have wrestled with the idea of the inadequacy of the Criminal Code provisions with respect to animal cruelty. There have been a number of Liberal bills and New Democrat bills over previous Parliaments that have dealt with this issue.

I will get to the bill put forward by the member for Beaches—East York, but first I want to mention the bill put forward in a previous Parliament by the great Irwin Cotler, probably one of the most revered Liberals ever and a former minister of justice himself. He introduced Bill C-610. It only made it to first reading, but that particular bill tried to make some important updates, specifically with respect to failing to provide adequate care. Bill C-610 was introduced on June 6, 2014. I want to read into the record the speech Mr. Cotler gave at that time:

Mr. Speaker, I am pleased to rise and introduce this legislation, which amends the Criminal Code's provisions on animal cruelty. In particular, it creates a new offence of inadequate and negligent care of animals. The bill establishes an offence for anyone who negligently causes unnecessary pain, suffering or injury to an animal or a bird, or, being the owner, wilfully or recklessly abandons it or fails to provide suitable and adequate food, water, air, shelter and care for it. It also punishes those who negligently injure an animal or bird while it is being conveyed.

He went on to say that “Canada's animal cruelty laws are woefully out of date.” He left it at that.

The former member for Parkdale—High Park, Peggy Nash, introduced Bill C-232 in the last Parliament. The hon. member for Vancouver Centre, in the previous Parliament, introduced Bill C-277. There has been multi-party support for these initiatives, but every time, they seem to have run into roadblocks.

Coming up to the most recent attempt in this Parliament, Bill C-246, which was introduced by the member for Beaches—East York, unfortunately I was not present for that second reading vote. I was travelling with the Special Committee on Electoral Reform at that time. I was substituting on it. We were hearing from the great people of Atlantic Canada about how great it would be to have some electoral reform. Unfortunately, the Liberals did not see it the same way. We will see how that conversation goes on in the future.

In any case, I think the member for Beaches—East York acknowledged that his particular private member's bill probably bit off more than it could chew, as it was trying to cover so many different angles. The more a private member's bill covers, the more areas people can find problems with and reasons to shut the whole thing down. I know that there were concerns raised by my Conservative colleagues, especially with respect to legal activities such as ranching, hunting, fishing, trapping, medical research and so on. I think there are ways to proceed with legislation that would address those concerns.

My wife and I have a small farming property. I come from a rural area of Vancouver Island. My constituents like to hunt and fish, and many of them are farmers. I would not support a piece of legislation unless there were specific provisions to protect those activities. I have some of the best salmon fishing in the world right off the west coast of Vancouver Island, which I enjoy. That is something that is a part of our heritage.

I raise animals. Most farmers will say that looking after the welfare of their animals is good for business. We do not want to have animals that are sickly or in poor health. I can attest to that. I have chickens, turkeys and lambs. When they are happy and well looked after, they do very well. It is in my interest not only from a moral point of view but from a commercial standpoint. There are always going to be those few bad apples who give everyone a bad name. However, that is specifically what this law has to be designed for, to weed out the bad apples and go after those who are the poor farmers who give everyone a bad name, and so on.

In 2016, when the member for Victoria, who was our party's justice critic and is now back to being the justice critic, rose to give our party's response to Bill C-246, he addressed those concerns. He said that we can insert clauses into the Criminal Code that start off with the phrase “For greater certainty” to make the necessary changes.

I heard concerns during that debate from Conservatives who wondered about jurisdictional and constitutional issues, because we know that the provinces have their own animal cruelty laws, as does the federal government. However, the supremacy of the criminal law power could easily override provincial legislation to ensure that we were not ending up with a patchwork quilt and that the law applied equally in each province, no matter where one lived. The Supreme Court of Canada has held that valid criminal law requires a prohibition, a penalty and a criminal law purpose, such as peace, order, security, morality and health. A change with respect to animal cruelty could easily satisfy all of those.

Here we are three years into the government's mandate, which I alluded to in my opening remarks. With respect to Bill C-84, there is so much more that could have been included in this bill. I said to the Minister of Justice during questions and comments that, with respect, the provisions in Bill C-84, which is not a very big bill, are very much the low-hanging fruit. I do not see how anyone in this place could raise any legitimate concerns about the bill, except for tinkering around the edges, such as whether some words could be modified. The general purpose of the bill is to broaden the definition of “bestiality” and to make sure that we have an all-encompassing law that goes against animal fighting. We are not going to find any significant objection to that.

However, the minister saying, after the defeat of Bill C-246, that the conversation would continue, that the Department of Justice would be having ongoing consultations with stakeholders, I think led many Canadians to believe that reform was actually coming. Therefore, when I announced to my constituents that we had Bill C-84 and what was missing, I had to convey a sense of disappointment.

Honestly, I think I and many constituents and many Canadians across this country were expecting a lot more, not only because it is three years into the government's mandate but because it is also two years after the defeat of Bill C-246. I know that the member for Beaches—East York has conveyed publicly that Bill C-84 is an obvious choice and is the low-hanging fruit. However, there is a sense of wondering what else is coming.

The Liberals are masters of the long promise. They say that they are continuing to engage with people, but I would not be surprised if we have to wait until the 43rd Parliament before we get some action. Who knows who will be in power at that point to deliver it?

My party has long supported animal cruelty measures. I have mentioned all the private members' bills. We could have included in this legislation, and I hope this is something the committee on justice and human rights will look at, some provisions for basic standards of care.

If I look at the case of Teddy the dog, in my riding, he was tethered with a chain just a few inches long and was having to stand in his own pile of feces. The B.C. SPCA has some specific recommendations the government could take note of. Basically, they want to see, for any dogs or animals that are tethered, five freedoms respected: freedom from hunger and thirst; freedom from pain, injury and disease; freedom from distress; freedom from discomfort and freedom to express behaviours that promote well-being. That is a starting point. There are lots of suggestions out there. There are many different stakeholders involved in this issue, and this is something the government could have taken note of.

As I referenced in my earlier questions and comments, I have written to the minister on this issue on behalf of constituents. Prior to Bill C-84 being introduced, I conveyed in my correspondence to the justice minister the concerns of my community about how many cases of animal cruelty exist across this country and that this particular case acted as a catalyst. People are demanding more action.

The minister did respond in June of this year. Again, it was not really anything concrete. She assured me that the government was intending to review all the options to improve any gaps in protection resulting from the existing Criminal Code provision, which is something that has not been done yet. The minister agreed publicly that animal cruelty is a significant social issue that needs to be addressed, and so on. There are many public comments that come from the government that signal an intent to do something, but when we actually get something concrete, like Bill C-84, we see that it has not amounted to much.

Just to highlight how important this particular issue is and why these gaps are so important, I want to speak about some of the statistics. It was reported, I think a couple of years ago, that there are approximately 45,000 animal cruelty complaints in Canada every year, but only one in 1,000 result in charges and far fewer in convictions. That is a significant difference between complaints and actual action in the court system. It says to me that there is definitely a need for this legislation.

I will conclude by saying that we support these gaps being addressed in the Criminal Code. Bill C-84 is an important first step. The Minister of Justice can be assured that we, as a caucus, will be supporting this bill going forward to committee, but we will remind Canadians that there was so much more that could have been done. It is a sad day that, after three years, we are still going to have to wait for those meaningful parts to be addressed.

Criminal CodeGovernment Orders

October 29th, 2018 / 12:55 p.m.


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Liberal

Nathaniel Erskine-Smith Liberal Beaches—East York, ON

Mr. Speaker, as the member for Calgary Nose Hill mentioned, I went through an arduous journey for Bill C-246. My in-laws are in a small southwestern Ontario community, Camlachie. No one really knows where it is, but it is outside of Petrolia. If people do not know where Petrolia is, it is outside of Sarnia.

A cousin of my father-in-law is a chicken farmer. The Chicken Farmers of Canada was very much opposed to and worried about some of the language in Bill C-246. It was worried about language that had to do with a case where a dog was killed with a baseball bat and died immediately. The judge acquitted because there was no evidence of pain and suffering. I did not come up with the language; the justice department came up with it. It was debated for 100 hours in this place and in the Senate. The bill was passed in both places, but unfortunately died before it became law.

However, the cousin of my father-in-law came to me and asked me what was going on, that the Chicken Farmers of Canada was worried about this and should he be worried. I explained that the language said that it would be a crime to brutally or viciously kill an animal, regardless of whether the animal died immediately. They were worried about that language, the unintended consequences. He stopped me asked me why anyone would want to kill an animal brutally and viciously.

I tell this story because I want to thank the member for her advocacy and for her suggestion. It is important that we have everyone, members of all parties and stakeholders from across the spectrum, from animal rights groups to animal sector use groups, come to the table and discuss the language and what it would be designed to do. If we do that, there is a way forward and a way forward to get back to where we were in 2004. I would certainly commit today to being part of that conversation with the member for Calgary Nose Hill and members across the way. Would she commit today to working across the aisle to make that happen?

Criminal CodeGovernment Orders

October 29th, 2018 / 12:55 p.m.


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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, I will bridge the questions between my colleague from the NDP and my colleague from Beaches—East York regarding how we move forward, but also bring in the concerns of some of my colleagues who have raised potential implications here.

The way forward is to first recognize that the only comprehensive committee we have had on this type of issue has been the hearings on Bill C-246 in this Parliament. This probably warrants a larger study so farmers, hunters, anglers, medical researchers and animal welfare groups can come in, sit down and talk about these things, so we not crafting legislation out of the blue but in response to a coordination and collation of concerns in a parliamentary session. I wish we had more time in justice committee, but to me we could absolutely do in a justice committee study. I am sure one of my colleagues would propose that.

Also, the key thing here is respect. I have colleagues for whom a large part of their riding is involved in either hunting, angling or agriculture and they have legitimate concerns. Let us ensure they are at the table with animal welfare groups and then come up with legislation that might not make anybody happy but does the right thing.

Criminal CodeGovernment Orders

October 29th, 2018 / 12:20 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, my question is not so much about what is in the bill but what is missing from the bill. We have been waiting for two years for this, since Bill C-246 was defeated. I know that many Liberal and New Democrat MPs in previous Parliaments have tried to tackle the issue of animal cruelty.

With respect, animal bestiality and animal fighting are the low-hanging fruit. They are easy, and I do not think there will be any objection in the House to supporting this bill. However, one of the Minister of Justice's predecessors, the Hon. Irwin Cotler, attempted in the last Parliament, through Bill C-610, to significantly update parts of the Criminal Code for failing to provide adequate care.

I had a horrific case of animal abuse in my riding involving Teddy the dog. He was tethered from puppyhood, with his leash left on until he grew into an adult. They had to surgically remove the collar.

There are huge gaps remaining in our Criminal Code, and we can put provisions in there that protect the rights of farmers, hunters and anglers. I come from a rural riding, and I would make that a fact before supporting any legislation. There are sections that have not been updated since the 1890s.

It has been two years since the defeat of the private member's bill, Bill C-246. The Minister of Justice came to office with an agenda to reform our Criminal Code. Where are the other provisions and when can we expect them? Why continue a study? When is the action actually going to come?

Firearms ActGovernment Orders

March 28th, 2018 / 4:25 p.m.


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Fundy Royal New Brunswick

Liberal

Alaina Lockhart LiberalParliamentary Secretary for Small Business and Tourism

Mr. Speaker, I will be splitting my time today with my colleague, the member for Scarborough—Rouge Park.

I am pleased to rise today and continue my participation in the legislative process to amend firearms regulation. I stand today as the representative of a largely rural New Brunswick riding called Fundy Royal, a riding where firearms are associated with hunting and sport. It is a riding where the vast majority of firearm owners are law-abiding, dedicated to the community, and very aware that there is growing gun crime in Canada, especially in big cities.

It is for this reason that when our party's 2015 election platform was introduced, which did include a section on gun control, I began consulting with those who were interested in the topic to ensure that I had considered it from many different perspectives, and also to counter the Conservative Party's narrative that the long gun registry would be reinstated. To clarify, Bill C-71 does not implement a gun registry, regardless of how many times that is said by the opposition.

When I was elected, I made a conscious decision to carry out my duties as a member of Parliament with the goal of listening and being persuasive rather than playing into partisan games to the detriment of my constituents. An example of my approach is my analysis and vote against Bill C-246, the modernizing animal protections act, because of the detrimental impact it would have had on our rural area.

I am glad to have been consulted by the Minister of Public Safety in advance of the tabling of Bill C-71, which allowed me to seek meaningful feedback from stakeholders in my riding, whom I now consider my firearms advisory council.

I want to take this opportunity to thank Ron Whitehead and the representatives from many of the sportsmen clubs and fish and game clubs in Fundy Royal for lending me their time and for providing candid feedback, which I was pleased to see had an impact on the drafting of this legislation. It has been my priority to identify the realities of firearm ownership in rural Canada, and to bring that perspective to be considered alongside urban concerns, which are legitimate and do need to be addressed.

In my riding, a firearm is seen as a tool. For generations, law-abiding Canadian gun owners have safely used their firearms for hunting and sport shooting, as well as predator and pest control. Canadian farmers, hunters, and sport shooters are among the most safety-conscious gun owners in the world.

This is in stark contrast to other cultures, where firearms are used as weapons. A weapon is something that is used with the intent to injure, defeat, or destroy. Our challenge is to address the crimes that are being carried out by weapons, while respecting law-abiding firearm owners. It is a fine needle to thread, but through consultation, I believe the minister has found that balance.

I am very pleased that the conversations I have had with my advisory council are reflected in the legislation as it was tabled. I would like to take a few minutes to reflect on what I heard from this group.

To begin with, there were several actions that we have already taken as a government that were well received by the council, for instance the recognition that Bill C-71 is part of a larger strategy to ensure that firearms do not find their way into unlawful hands. This is a strategy that has seen an investment of $100 million each year to the provinces and territories to support guns and gangs police task forces to take illegal guns off our streets and reduce gang violence. It is a strategy that has modified the membership of the Canadian firearms advisory committee to include knowledgeable law enforcement officers, public health advocates, representatives from women's groups, and members of the legal community, to work alongside sport shooters and hunters. It is a strategy that has made investments in border infrastructure and technologies to enhance our border guards' ability to detect and halt illegal guns from the United States entering Canada.

The Fundy Royal firearms advisory council also brought forward the concept of taking a closer look at mental health to combat gun violence. It implored the government to make sure there are enough resources available to do thorough background checks and to find a way to identify red flags.

Bill C-71 proposes to strengthen background checks. Authorities determining eligibility would need to consider certain police-reported information, including criminal and drug offences, a history of violent behaviour, and mental illness spanning a person's life, rather than just the last five years. The licensees will continue to undergo eligibility screening, as they do today.

Through the course of my discussions with constituents, the following items each resulted in recommendations that I would like to bring to the attention of the minister and to our committee as we enter that part of the process.

Currently, most gun retailers across Canada are keeping track of who buys guns and ammunition. Bill C-71 proposes to make that best practice standard across Canada. My constituents voiced concerned about the accessibility of the information gathered, and I am pleased to see that the bill requires law enforcement to have judicial authorization to attain this information in the course of an investigation.

Up until this point, legislation has required that only those licensed can purchase firearms and ammunition. However, there is no verification required. Bill C-71 proposes that the seller verify the validity of the licence to make sure that the licence is not under review or has not lapsed. I have heard from those in my constituency who are seeking clarification on how they would complete that verification, something many constituents assumed was already the current practice.

Canada currently issues an authorization to transport, or ATT, for the transportation of restricted and prohibited firearms. There will be no change for those who transport from home to an approved range in the owner's home province. However, to better track the movement of restricted firearms to gun shows, gunsmiths, across the border, or to other uncustomary locations, a separate authorization to transport would be required. I would ask the minister to consider a few points on this measure as well.

First is that consideration be given to including transportation to a gunsmith in the ATT. A firearm that is damaged or not functioning properly could be a safety hazard, and adding an additional step to transport the firearm for repair may not be in the best interest of public safety.

Second, I would like to recommend, on behalf of my constituents, that ample resources be committed to the Canadian firearms program so that the processing of ATTs and verifications of licences could be done in a timely and efficient manner so as not to impede the normal activities of firearms owners.

I think it is agreed in Canada that we all want to make our communities safe from the illegal possession and use of firearms. Doing so does not mean making radical changes or placing unreasonable measures on responsible firearms owners, but it does begin by recognizing that we have an issue. We may not in Fundy Royal, but it is happening in areas across Canada, and we must allow some flexibility to address the fact that there was a 23% increase in firearm-related homicides in 2016 compared to 2015. That is the highest rate since 2005. In 2016, shootings were the most common method of committing murder in this country, exceeding stabbings for the first time since 2012.

My family and I are blessed to have been born in Atlantic Canada, and I grew up in a time when the term “lockdown” did not exist. Kids today cannot say that. They practice them all the time. We really need to acknowledge that even in Atlantic Canada, 56% of violent gun crimes occur outside of cities.

I appreciate the approach taken by Robert Snider, president of the Moncton Fish and Game Association, in reviewing this legislation. He recently said in the Times & Transcript:

We have looked thoroughly at the recently introduced legislation and while we neither endorse the legislation nor vehemently oppose it, we have taken a more pragmatic, neutral position of “we can live with it” for now.

The legislation will have minimal or no impact on our members who hunt.

As I said before, from the beginning of my term I have worked to engage and listen to my constituents, concerned firearms owners, and stakeholders from across New Brunswick, and I can personally say that I have learned a great many things through those discussions. I was proud that the president of the Moncton Fish & Game Association chose to publicly compliment my approach, but I want to thank everyone who took the time to speak up.

At the end of this stage of debate, this legislation will proceed to the public safety committee, where MPs from both sides of the House will have an opportunity to hear from witnesses, stakeholders, and concerned Canadians. I very much believe that better policy will be achieved because of MPs speaking to their constituents, and I look forward to ongoing discussions on the path forward.