Bill S-203 (Historical)

Ending the Captivity of Whales and Dolphins Act

An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins)

This enactment amends the Criminal Code to create offences respecting cetaceans in captivity. It also amends the Fisheries Act to prohibit the taking of a cetacean into captivity and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to require a permit for the import of a cetacean into Canada and the export of a cetacean from Canada.

Ending the Captivity of Whales and Dolphins Act

[The Assistant Deputy Speaker, Carol Hughes]

Unfortunately, the member's time is up. I am sure he had more to say, but I am sure that at some point his colleagues will be able to add to his comments.

Resuming debate, the hon. member for Sherbrooke.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Madam Speaker, I am pleased to speak to this bill on behalf of the people of Sherbrooke. I know that the majority of them will support this Senate bill, which is now at third reading.

I want to keep this brief so the bill can move on to the next stages and go for royal assent, which will hopefully come soon.

On behalf of the New Democratic Party, I am pleased to say that I support this bill, which is simply designed to end a practice that has been recognized as cruel, namely keeping cetaceans in captivity.

I do not think anyone in the House would challenge the validity of the scientific evidence showing that cetaceans are highly intelligent creatures that deserve to be treated well so that they too can live a happy life. No one would argue with that. The science on this point is very clear.

This bill is simply aimed at preventing the taking of cetaceans into captivity, except for certain worthy motives, such as rescue, rehabilitation and certain kinds of monitoring that must be done in a respectful manner and, ideally, in their natural state for scientific research purposes.

I think this is a reasonable, well-balanced, common-sense bill that the people of Sherbrooke are sure to support.

We need to rely on scientific data and evidence, which show that cetaceans have a reduced lifespan when they live in captivity. The infant mortality rate is higher, and the facilities that keep them in captivity cannot meet their social and biological needs. They need a lot of space to live. That is a recognized fact and the fundamental reason why this is a good, common-sense bill.

Regardless of the size of the facility, there is no way it can be big enough to meet all of the social and biological needs of cetaceans. They get bored in captivity. They cannot swim as they would in their natural habitat. They cannot swim in a straight line, swim long distances or swim in deep water. When they are in captivity, they spend about 80% of their time at the surface of the water, which is completely unnatural for them. In their natural habitat, they spend 90% of their time underwater.

In captivity, they are fed because they obviously cannot use their sophisticated hunting methods to obtain food. There is simply nothing for them to hunt in their confined spaces. Their diet in captivity is not as varied or nutritious as what they could find in the wild.

They suffer from loneliness, separated from their pods. They generally end up alone. Sometimes they are even separated from their mother and sent elsewhere to be kept in captivity and put on display for the public.

They also suffer from the absence of sounds that they would normally hear in their natural environment. These sounds do not exist in captivity. Sometimes their tanks and interactions with the public cause considerable ambient noise, producing sounds they would not hear in nature.

All these things cause cetaceans to suffer when they are in captivity. This has been proven, and it is extremely cruel to continue this practice.

This is why Canada must take a leadership role. A few weeks or months ago, the public became aware of this issue when they saw several dozen cetaceans being held in captivity in Russia in very small pens and in water much colder than they are used to. They cannot swim to stretch their muscles. Everyone was horrified by these images. Everyone in Canada, Quebec and Sherbrooke expects Canada to set an example and to not stand for this in our country.

The bill is sensible, reasonable and balanced. A vast majority of people in Sherbrooke agree that this practice must be stopped. Canada must step up on the world stage to put an end to this practice around the world and to make sure that we are not complicit in such cruel practices.

I want to congratulate the senator who introduced this bill as well as the bill's sponsor in the House and all those who contributed to the debate to move this bill forward, so that it will receive royal assent as quickly as possible. I will stop here. I want to make sure that this bill moves forward and will receive royal assent as quickly as possible.

[Nick Whalen, Liberal, St. John's East, NL]

Madam Speaker, I rise today to speak to Bill S-203, an act to amend the Criminal Code and other acts, also known as the act for ending the captivity of whales and dolphins.

The bill proposes changes to three acts: the Criminal Code, the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, an act whose name did not take advantage of creative acronym design.

I want to begin by first stating that I am indeed, like Canadians across the country, in favour of the bill and I know this government supports this bill.

I actually deferred my opportunity to speak on my own private member's motion, Motion No. 196, and work with the member for Saanich—Gulf Islands in order to help advance this important legislation before the session ends. Who knows, maybe I will not get the opportunity to speak on my motion, but I know this is very important to Canadians. Seeing it so close to the finish line, it felt like it was the right move to make. I am honoured by the small role I may have been able to play in advancing the common good across party lines and between the other place and this place.

I also want to highlight the Liberal members of the Standing Committee on Fisheries and Oceans, who passed the bill unamended at committee.

The bill has progressed thanks to their leadership and is now even closer to being passed after years of debate in the Senate.

There is no doubt, as we have come to learn more about the living needs of whales and other cetaceans, that keeping them in captivity is simply the wrong thing to do.

Support for a ban on keeping whales in captivity has grown and is continuing to grow, not only in Canada, but around the world.

Canadians can see some of Canada's most majestic marine animals in their natural habitat all around Newfoundland and along all our coastlines from St. John's, Newfoundland, and Vancouver Island to the Arctic and Chaleur Bay.

We know from research on these animals that living in captivity is far from being in their best interest and that is why Canadians across the country have shown continued support for the banning of whales in captivity.

I would also like to add that while the banning of whale captivity is not yet in legislation, the practice has been in place for years in Canada, and our government continues to support this.

Licences for the capture of live cetaceans are issued only by the Minister of Fisheries, Oceans and the Canadian Coast Guard for scientific research or rehabilitation.

In the past 10 years, as we have heard, only one licence has been issued for the rehabilitation of a live-stranded pseudo-orca calf.

Our government has also taken notice of the growing concern to ensure cetaceans are not being captured for the sole purpose of being kept for public display. That is why our government introduced Bill C-68, which is currently before the committee in the other place, and we hope will be reported out of the committee next week. It contains amendments that would prohibit the captivity of whales and would allow the minister to put in place regulations to ban the import and export of cetaceans.

Today, there are only two facilities in Canada that house cetaceans: Marineland in Niagara Falls, Ontario, and the Vancouver Aquarium in British Columbia.

Marineland is a commercial facility with approximately 60 cetaceans. Most are belugas with one being a killer whale.

The Vancouver Aquarium is a not-for-profit facility and has one cetacean at its facility, a 30 year-old Pacific white-sided dolphin that was rescued from the wild and has been deemed to be unfit for release back into the wild. The Vancouver Aquarium works with Fisheries and Oceans Canada to rescue and rehabilitate marine mammals in distress.

We know we must do more to keep protecting cetaceans. That is why we need to send a clear message through legislation that whales do not belong in captivity. Today we are debating the importance of keeping whales in the wild, but I also want to emphasize the importance of ensuring their marine habitats are protected.

Over the past few years, the government has made real investments to protect and conserve our marine environment. In 2016, the Prime Minister announced $1.5 billion dollars for the oceans protection plan, which has since funded 55 coastal restoration projects, helped to address threats to marine mammals from vessel noise and collisions, increased our on-scene environmental response capacity and much more.

As part of budget 2018, this government also announced $167.4 million for the whales initiative, which has further funded recovery plans for endangered species, such as the southern resident killer whale, the beluga whale and in my area of the world, the North Atlantic right whale.

Our government continues to take action to protect our environment. We recently announced new standards for marine protected areas to ensure that ecologically significant areas are not disturbed by oil and gas exploration. This measure was introduced in response to the recommendations of an independent expert advisory panel on marine protected areas. This announcement was well received in Canada and around the world.

Our move toward protecting important marine environments will help ensure a good future for a healthy ocean and the health of marine species such as whales and dolphins. However, I really cannot say enough about the oceans protection plan: infrastructure; coastal restoration; the abandoned, derelict and wrecked vessels programs; arctic marine protection; science and research and the pilotage review.

In my riding of St. John's East, there is an institute called the Marine Institute. I had the good fortune to be there in September 2011 with the minister of fisheries and oceans and the Canadian coast guard at the time, now our good friend from Beauséjour who is on leave, the former minister of veterans affairs, now the Minister of Indigenous Services, and my good friend and colleague the member for Avalon to announce important work that is being done to restore marine habitat in Avalon using expertise that comes from the university in my riding, the Marine Institute.

We announced a program to re-establish the eel beds in Placentia Bay to increase that habitat. That is where lots of species, including scallops, shrimp, cod and whales, start their lives. It is important to protect these areas to improve the health and ability of our oceans to be fully functioning in certain areas where they have become damaged due to industrial activity.

This particular project is small in comparison to the overall total. It is about $7.4 million. Although it was announced on my wedding anniversary, my wife was not too upset. We had an opportunity to celebrate later. The money is actually already being spent. Last summer, scientists were able to go into Placentia Bay, do the diving and begin that restoration work in Placentia Bay that will pay dividends for years to come.

It is wonderful to work with the member for Saanich—Gulf Islands on this. As we did a little social media earlier, a lot of people came back to me and asked some important questions on how our government can be supporting industrial activity in the oil and gas sector and at the same time support environmental protections. They felt that it was counterintuitive or perhaps even contradictory. That could not be further from the truth.

The only way the government can move forward, protect the environment and fund the transition of our economy to a clean economy is with economic growth from our traditional sectors in resource development. We must continue to work on the demand side, and this means the purchasing decisions made by consumers and how they engage in their daily lives, and at the same time allow our natural resources sectors to engage in environmentally responsible development so that we can tap into export markets.

We cannot allow countries that do not have good environmental records to capitalize on oil and gas profits from their exports and not allow our industry to thrive. That is why our government, at the same time it is doing all this great work to help whales in the wild and help prevent whale captivity, is also funding the Trans Mountain expansion and has recently approved, with many conditions, continued exploration for two projects on the northeast coast of Newfoundland and Labrador for oil exploration. ExxonMobil and Equinor now have the opportunity this summer and over the course of the next decade to drill exploratory drills in our waters, subject to conditions that protect the right whales and protect our oceans. We will use this prosperity to fund things like the oceans protection plan.

In closing, let me say that I am very pleased to be here today to join with Canadians from coast to coast to coast who have come out in favour of ending the captivity of whales. Whales have been kept in captivity for too long, and that has to change.

Whales do not belong in captivity; they belong in the wild. I encourage all members to support this legislation.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, I am pleased to join the debate on Bill S-203, for which I have received a fair volume of correspondence from constituents in my riding of Calgary Shepard, whom I am pleased to represent. A lot of them were sent to me on behalf of various organizations across Canada that have been promoting Bill S-203 as a solution to cetaceans in captivity.

Before I continue on with the bill, I want to make one mention. The member for St. John's East had the best observation regarding a Senate bill I have ever heard in this chamber when he said it did not take advantage of creative acronym design. It has been four years and I will give him that. How acronyms are created with certain bill is probably one observation I have not made, so I will give him kudos for that one, but not for the content of what he said, especially on the oceans protection plan, which is a $1.5-billion plan, with very little spending so far. The Coast Guard ships that have been built are still in dock in Nanaimo with no crews to service them and make them ready for use in the field. I have not seen any actual spending of the dollars associated with the plan. That is the first part of my reply to what he mentioned.

With respect to the substance of the bill, I feel the need to provide an introduction. I have been writing back to my constituents who have been writing to me on Bill S-203, and I have had some back-and-forth conversations with a few of them on disagreements over some of the technical aspects of the bill.

One thing I want to mention is that the bill broaches a certain area of provincial jurisdiction—animal welfare laws, typically—by going after the Criminal Code. It is a way for Parliament to make a judgment call about a certain practice in Canadian society. In this case, it is the captivity of cetaceans.

I share the same concern that a lot of my constituents have and that a lot of members of Parliament in this chamber have expressed over the necessary protection of whales, dolphins and other aquatic animals, which is that nobody wants to see them suffer. The member for Sherbrooke brought up an example of what happens in the Russian Federation. Of course, there are examples all over the world of abhorrent animal husbandry and captivity practices that most of us would say are brutal and should not be happening. Unfortunately, they do, because people use animals for entertainment purposes and to generate an income.

With respect to some of the historical aspects, as I think another member mentioned, there have been no live captures since 1992, although it is true that beluga whales and bottlenose dolphins have been imported from foreign sources.

It has been reported in various CBC articles and other media that parts of this bill seem to be veering into areas of provincial jurisdiction over animal welfare laws. Ontario has already banned the captivity and breeding in captivity of orcas, which is one of the concerns I had with the bill going the route of amending the Criminal Code. Perhaps it is more of a process issue that I have.

Going back to the previous debate we had earlier today on Bill C-55, with respect to the intent of a bill like this one, Bill S-203, I do not think many members disagree with the principle of the matter; rather, it is the execution we have concerns with.

There are a few scientists I am going to quote, some of whom provided testimony at committees and some who of whom provided feedback through correspondence that the member for Cariboo—Prince George and I have received.

I want to mention that this is a very unusual bill, because it has received review at over 17 committee meetings in an eight-month period. It was tabled way back in 2015 and has been on the public record for quite a long time. It has been debated for quite a long time. It had what I would say was a difficult process through that other place, the Senate chamber, with several senators expressing deep concern over the technical aspects of the bill in its interaction between provincial laws and federal jurisdiction over the Criminal Code. That area is where I am going to express some of my concerns as well.

The provinces are responsible for passing animal welfare laws. In this chamber we have pronounced ourselves on matters affecting what I would also think are areas of at least partial provincial jurisdiction, as in the bestiality bill the Parliamentary Secretary to the Minister of Justice mentioned earlier. I do not think there is anything wrong in going the route of the Criminal Code, but in this case in particular the member for North Okanagan—Shuswap mentioned that it could potentially criminalize individuals that the law did not intend to criminalize, such as the booking of travel vacations or some service provision in tourism.

I do not think that was the intent of the law. However, I have seen before, as I mentioned in the House on Bill C-55, that with regulations passed by officials, written by officials and confirmed through the gazetting process that the Government of Canada has, the intention is typically lost. Nice words are shared by officials about the intent of the bill when the members of Parliament and senators express their will by passing a piece of legislation, but then the actual execution is not there.

Sometimes this debate among officials lasts well over a decade, two or three decades of quibbling over exactly what the law permits one to do and to whom it can apply. I think the concerns expressed by the member for North Okanagan—Shuswap on our side are that the lens with which the Criminal Code will be applied may be broadened by officials in the departments at a later point, far beyond the lifespan of any member here, or at least our elected lifespan. I wish all members good heath.

I think there is a concern there about that mission creep, about going after individuals or applying the law to individuals whom we had not intended it to be upon. That is why many amendments were moved at committee by the opposition side to try to improve and clarify this particular piece of legislation, of course not to obstruct it. Attempting to amend a piece of legislation is never about obstruction. It is about an improvement to the bill, especially when the intent is there. The technical aspect, the delivery of the bill and its execution, is perhaps lacking.

I want to mention the scientists. The member for Cariboo—Prince George previously made comments about an email from Dr. Laura Graham, a professor at the University of Guelph. I am going to read the quote, and then perhaps I can express some of my thoughts on the scientists' view on the impact that this bill would have.

The member for Cariboo—Prince George said:

Her speciality is endocrinology and reproductive physiology of wildlife species, including looking at factors that can impact the welfare of wildlife species managed by humans and using science to solve some of the challenges wildlife managers face as they work toward optimizing the welfare of animals in their care.

Thereafter, that information can be used in the general practices of the Crown when it is managing wildlife populations on behalf of Canadians. I am going to read a direct quote from the correspondence that the member for Cariboo—Prince George read, so that I can remind the chamber of what Dr. Laura Graham said:

As an expert in endangered species physiology I can tell you that this bill is short-sighted and will do irreparable harm to critical research on the marine mammals listed under SARA, including the Salish Orca. Over 90% of what we know about marine mammal biology is based on research on individuals under human care. And we need these captive animals to develop research techniques that can be applied to free-ranging animals.

The discussion goes on from there. The quotations given by this particular specialist, I think, are really important to keep in mind.

Many members have said that the economic operations of the aquariums, and those operations that save marine mammals and then perhaps keep them temporarily in captivity so that they can nurse them back to health, typically have some research component. It is never a purely economic operation.

Again, I could be wrong in the case of Marineland, which seems to be the best example being used. I am a member from Calgary, after all, so I do not head out to Toronto too often. However, on this particular piece of legislation, I think the intent is there but the execution is lacking. As I read from the scientist, I think there will be harm done on the research side of things that we were not able to fix at committee. In eight months and 17 committee meetings, we were not able to reach that mechanical fixing of the bill.

That is why I will be voting against this piece of legislation, just as I have been telling my constituents that I would. I implore all members to look at that fact and to vote against this particular law.

[The Assistant Deputy Speaker, Carol Hughes]

The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the Order Paper.

It being 2:30 p.m., the House stands adjourned until Monday at 11 a.m. pursuant to Standing Order 24(1).

I wish all mothers a very happy Mother's Day this weekend. Members, do not forget to spoil your wives.

(The House adjourned at 2:30 p.m.)

The House resumed from May 10 consideration of the motion that Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), be read the third time and passed.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Mr. Speaker, I am very proud to speak to this important issue today.

I want to thank the member for Saanich—Gulf Islands for bringing Bill S-203 to the House. The bill looks at the reality of phasing out the captivity of dolphins, whales and porpoises.

The riding that I represent, North Island—Powell River, is along the ocean, and these are beings that we live with. That interaction is very important to us. I think of the times I have spent watching this wildlife engage with us in their free natural state. It is important that we are talking about this issue here today.

I also want to take this opportunity to thank my caucus colleague, the member for Port Moody—Coquitlam, for his dedication to the country's oceans, rivers and streams. His commitment to protecting the wildlife that lives within them has resonated with people across Canada. He will not be sitting in the House with us much longer, so it is important to acknowledge the work he has done on files like this one.

I also want to take this opportunity to thank the member for Skeena—Bulkley Valley. The member for Skeena—Bulkley Valley has always had a special place in my heart because he represents the area where I grew up. I really respect his connection with the communities in that largest of ridings in British Columbia.

A couple of weeks ago, the member came to my riding to talk about his private member's bill on zero-waste packaging. That issue is a huge concern in my riding. Packaging made of plastic takes so long to deteriorate and we know the impact it is having on our oceans.

Without that member's work we would not be standing here today debating Bill S-203. I understand that he is working with the minister right now to push forward his important piece of legislation around zero-waste packaging. It deals with an important issue to make sure we do not fill our landfills with plastics anymore.

If it were not for the member for Skeena—Bulkley Valley accepting a letter from me, the member for Courtenay—Alberni, the member for Cowichan—Malahat—Langford, the member for Esquimalt—Saanich—Sooke, our colleague from Victoria and Laurel Collins asking him to give up his spot on today's private members' hour, we would not be debating this bill today. I want to acknowledge that and thank him for continuing to work so hard on his zero waste packaging legislation. He will not give up, which is something that I appreciate deeply about the member.

Bill S-203 proposes to phase out the captivity of whales, dolphins and porpoises in Canada, except in situations like rehabilitation or rescue.

New Democrats will always support the ethical and useful research of these beings in the water, but the research can take place in the wild. Scientists in the wild environment can get a realistic view of the natural behaviours of these animals without causing a lifetime of pain and suffering, which we know is the reality when they are held in captivity.

What we have heard from scientists is that these beings suffer in confinement. They suffer a sense of isolation, serious health problems, reduced lifespans, high infant mortality rates, sensory deprivation, as well as trauma from the transfer to other parks and calf separation.

This bill speaks to an important issue where we can get it right and do the right thing. Given the evidence, captive facilities cannot provide for these beings' social or biological needs.

Keeping them in captivity is cruel. They are intelligent social animals. They are acoustically sensitive marine beings that spend their time in the vast oceans. They dive deep down to places many of us will never see.

When we look at their freedom in the wild, to swim freely, to dive deeply, when we think about their confinement, it is so much less. We have heard it is less than 1% of the range that they are used to. Can members imagine that? None of us in this place can imagine being in our environment, doing the things that we do, and suddenly being put into a small box and told that we have to be successful and perform for other people. We cannot ask these beings to do that.

It reminds me of what Maya Angelou said, “When you know better, do better.” This is an opportunity in this House to move forward because we now know better, so it is time for us to do better.

Unlike many issues, this really is not a partisan issue. It is a moral issue. It is a bill that is supported by science. We know that whales, porpoises and dolphins in captivity suffer in a way that cannot be justifiable. We know that this bill, Bill S-203, is a reasonable one. It is a balanced piece of legislation. It grandfathers the process and it gives zoos and aquariums time to phase out this practice. This is the right thing to do and I hope everyone in this House takes the opportunity to support this.

When we think about the grandfathering process out of captivity that Bill S-203 proposes, we know it will do important things. It will ban live captures under the Fisheries Act, except for rescues when some being out there needs help. Currently, captures are legal if they are licensed. We all need to pause and take a moment to think about what that means. We know that the last capture that happened was belugas near Churchill in 1992, so it is a practice that is not being implemented. However, the fact that it is still there is very concerning, and this bill would remove it.

Bill S-203 also bans imports and exports, except if licensed for scientific research. This is a hard one, but we want to see an open water sanctuary. We want to see the process happen in a way that is best for the whale, the dolphin or the porpoise. We want to make sure it is under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. These are important factors that this bill can bring forward.

Finally, this bill would ban breeding under the animal cruelty provisions of the Criminal Code. This is also very important.

Right now there is a bill before the Senate, Bill C-68, that would prohibit the captures but it would not restrict imports or exports by law nor would it ban breeding. This is why we need this bill. This is why I will be supporting it. This is the action that needs to be taken to complete what is happening already.

Twenty marine mammal biologists from around the world released a letter supporting Bill S-203. They said, “At a minimum, the maintenance of odontocetes [toothed whales, dolphins and porpoises] in commercial captive display facilities for entertainment purposes is no longer supported or justified by the growing body of science on their biological needs.”

We know it is the right thing to do and it is time to make sure that people have the opportunity to see these beautiful animals in the wild, to respect what they need and to create a new relationship. Keeping them enclosed is not the right way to go.

When we look at the wild, we know that dolphins, whales and porpoises travel up to 100 miles daily feeding and socializing with other members of their pods. The pods can contain hundreds of individuals with complex social bonds and hierarchies. That is their natural state. In captivity they are in small enclosures and unable to swim in a straight line for any distance. They do not have the ability to dive deep. Sometimes they are housed alone or housed with other animals they are not naturally used to being with. When we look at that isolation with this concern in mind, we know this is the right thing to do.

I look forward to seeing support from all members in this House. We can do the right thing. Today is the day and I look forward to seeing a positive vote.

[Ken McDonald, Liberal, Avalon, NL]

Mr. Speaker, as the chair of the Standing Committee on Fisheries and Oceans, I am proud to speak in support of Bill S-203, an act to amend the Criminal Code and other acts, also known as the act for ending the captivity of whales and dolphins.

I also realize that I am speaking to the bill two days after World Oceans Day. Canada has the longest coastline in the world, and this past weekend, Canadians across the country raised awareness and celebrated our magnificent oceans. I took part in two community cleanups in Conception Bay, where I live.

While our oceans are vast and full of life, we also recognize the peril many of our ocean friends and marine ecosystems face due to threats from climate change and, of course, pollution. More than ever, we must work together to ensure that our oceans are clean and healthy for the many species that call them home, and to support our communities that depend on them.

Let us imagine whales and dolphins, which are used to having the ocean as their playground or feeding ground, being put in a cage not much bigger than a large outdoor swimming pool. Let us imagine the effect this would have on their ability to survive and flourish if they ever were released again. Let us imagine ourselves being put in a room which is 10 feet by 10 feet and being told that is where we have to live out the rest of our days. It certainly would have drastic effects on anyone, or on any animal, for that matter.

The bill has been strongly supported by my constituents of Avalon, and several members of the House have also supported the bill moving forward. I would like to thank the hon. member for Saanich—Gulf Islands, who has been strongly advocating for the bill to move forward in the House, and all the other members who have spoken on the necessity of the bill for the protection of our whales and dolphins.

As many members know, the bill comes to us from the Senate, first by retired senator Wilfred Moore, who originally brought the bill forward in 2016, and then sponsored by Senator Murray Sinclair. The work of these senators cannot go without mention. I would like to thank them for their leadership when it comes to the protection of our oceans and the species that call them home.

Whales and dolphins are part of our Canadian wildlife, and we are very lucky to have them live in our waters. In Newfoundland and Labrador, whales are a major tourist attraction. We see many visitors each year and if they are not coming to see the icebergs, they are coming to see the whales.

Canadians know how important it is to preserve our marine wildlife. That is why our government is not only supporting Bill S-203, but through Bill C-68, making amendments that also strengthen the bill.

Over the years, we have come to learn more and more about the nature of whales and dolphins and the conditions required for their livelihood. Research has told us that these animals undergo an immense amount of stress when taken into captivity, and this stress persists throughout their life. That is why Canadians and this government support the bill banning the captivity of whales and dolphins.

I want to thank the House leadership team, especially the member for Waterloo, for working so hard to get the bill through the House at this time. Again, I commend the member for Saanich—Gulf Islands, Senator Moore and Senator Sinclair for their leadership on the bill and this issue, which is important to so many Canadians. I support the bill and look forward to its passage.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Mr. Speaker, I am rising in the House to speak to Bill S-203. Despite good intentions, this legislation is flawed in its current form. It should come as no surprise that there are many issues with this bill. In the short time it has been before the House for consideration, one of the major problems identified is an English-French language conflict in the text of the bill.

As we all know, Canada is a bilingual country. Our two official languages are French and English, and all legislation drafted and passed in Parliament reflects this. Anyone who has ever read these documents knows that the English text is on the left side, while the French text is on the right. We also know that Canadian laws and legislation must be applied in the same manner for all Canadians, regardless of language. This is fundamental for ensuring a fair justice system, which is key to our democracy. Otherwise, it would be grossly unfair and inhumane for a state to subject its citizens to different laws and penalties based on the language they speak. I hope in this place, and across Canada, we can all agree on that.

That is why I believe the mistake in Bill S-203 was an unfortunate oversight made by the Standing Committee on Fisheries and Oceans. Issues like this are more likely to happen when legislation is rushed through the process without being subject to a thorough study. As members may know, Bill S-203 was given only two meetings before it was pushed ahead without amendment.

It began on March 18, 2019. In a meeting of the Standing Committee on Fisheries and Oceans, the government member from Miramichi—Grand Lake identified an important and significant language conflict in the text of Bill S-203. The following is a quote from the Evidence, as the member questioned a department official on this issue:

Another thing that would need to be clarified for me is clause 4 of Bill S-203 to prohibit the importation to Canada of living cetaceans as well as cetacean tissue or embryos, subject to a special permit. Apparently the English text of the clause refers to permits issued pursuant to proposed subsection 10(1.1) of WAPPRIITA [the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act] while the French version of the text is silent on the type of importation permit required. That sounds very odd. I wouldn't know of any other piece of legislation in which the French version would be different from the English version.

The departmental official replied, “I am not completely sure about the two clauses you are referencing. I haven't done a comparison of the English to the French so I don't have a response for you on that.” In response, the member asked, “Do you think we should clarify that?” The departmental official replied, “It would be important to make sure that the intent in both the English and the French is the same.”

Interestingly, it was a member of the current government, from a bilingual province, who flagged this critical language concern. It is also interesting how the department official stressed the importance of getting the language right.

The story does not end there. It continues.

On March 26, 2019, the Honourable J.C. Major, a former Supreme Court justice, penned a letter to all members of the Standing Committee on Fisheries and Oceans. He, too, identified the same language conflict as the member did. However, rather than merely stating his concern, he elevated the issue to be a constitutional matter. In addition to that, he informed the committee that this part requires amendment.

This is what the Honourable J.C. Major wrote to the members of the committee in his letter:

I have reviewed the proposed Section 7.1 which is scheduled as an amendment to Bill S-203 of the Wild Animal and Plant Protection Regulation of International and lnterprovincial Trade Act (WAPPRIITA).

In addition I have reviewed the French to English and English to French review certified by...ABCO International which on review concludes that the wording of Section 7.1 between the French and English version is starkly different. The question raised is whether the difference is so material that compliance is affected. In my opinion the differences are material and confusion is inevitable and an amendment is the only remedy that will clarify the intent and purpose of Section 7.1.

Canada, by virtue of the Federal Government's legislation, confirmed by the Supreme Court of Canada and evidenced by the Charter of Rights, is officially bilingual. In addition, under S.18 of the Charter of Rights and Freedoms (Part 1 of the Constitution Act 1982), both English and French are made equally authoritative.

Given that both languages are authoritative and that differences between the French and English drafting of Section 7.1 are materially different, it is apparent that revisions by way of amendment of that section would by its uniformity confirm Parliament's intention as the section would then be clear to parties affected by it and invaluable to the judiciary.

The latter consideration is important as explained below as case law is replete with decisions evidencing the difficulty the courts in all provinces have from time to time reconciling statutory conflicts and either succeeded in doing so or entering an acquittal.

Section 7.1 of Bill S-203 is an enforcement provision under the Act. Given the conflict in the English and French versions of the proposed legislation its passage without a clarification amendment would, in the event of an illegal violation and subsequent prosecution, present a dilemma to the court. An obvious example being that an application under the English version would be required to meet the conditions set out in s. 10(1.1) whereas an application adhering to the French version would not. In the result the same law would be different depending on the site of the application. Should a charge be laid under the proposed Section 7.1 the difficulty described would be left to the court then to attempt a reconciliation of the conflict in the language and if not possible to strike down the section and order an acquittal.

The foregoing is a brief response to the difficulties that are inevitable if there is no amendment clarifying the intent of the legislation.

It is of value to consider the unequivocal recommendation number 35 of the Uniform Law Conference of Canada which concluded “the English and French versions of a bilingual Act must be identical in substance”.

My observation is that the member and the former Supreme Court justice both share the same concern: There is a language conflict in the bill's text. That common ground should be encouraging. However, what happened next in the committee at clause-by-clause was anything but. My party brought forward two amendments. One would make the English text read the same as the French, and the other would make the French text read the same as the English. Both amendments were rejected by the government, and Justice Major's legal opinion was ignored.

My second observation at committee was about the four government amendments that the member for Miramichi—Grand Lake suddenly withdrew at clause-by-clause. The withdrawals came as a surprise to the opposition members, because they were sensible amendments. Their intent was largely to coordinate Bill S-203 with the Liberals' own Bill C-68, which I can understand. Both bills share overlapping objectives, and if both were to pass, their implementation could clash or create confusion. In short, it made little sense for the member to make those withdrawals, especially when the changes were responsible ones that the Conservatives were prepared to support.

Here we are then. This is the second hour of third reading of Bill S-203. This bill is flawed. A former Supreme Court justice was called in. Bill S-203 is a constitutional challenge in waiting, and the scariest thing is that this bill is about to come into force.

This is as good a time as any to remind all members of the House that it is our responsibility as parliamentarians to ensure that the bills we pass are constitutional and legally sound.

Given the government's majority position, this decision ultimately weighs on the Liberal government to do what is right. It must act in the best interests of Canadians. That action is passing legally sound and constitutional legislation.

So here we are, at the second hour of third reading debate. The bill, in its current form, is flawed. A former Supreme Court justice has weighed in on the constitutionality, and those changes needed to be made. Now is a good time to remind all members of the House that it is our responsibility as parliamentarians to ensure that all laws we pass are constitutional and legally sound.

Given these reasons, I hope the government reconsiders its position on Bill S-203.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, it is a huge honour to speak today in the House of Commons. With this bill and with the support of my hon. colleagues, Canada is on the cusp of making history and ending cetacean captivity and making sure it is a thing of the past. Not only is this important to me, but it is important to the people of my riding, to people right across this country from coast to coast to coast, to countless environmental stewards who have fought hard on this issue, and certainly to the Nuu-chah-nulth people and indigenous people across this country.

I have heard from many of them. Many Nuu-chah-nulth people see the orca, in their language the kakaw’in, as a spirit animal and as an animal that is a reflection of their ancestors. To think of their ancestors being held in captivity is certainly something they do not want to see happen again.

If we pass this bill, it would do a couple of things. First, it would give us credibility and legitimacy to take it even further, to push for a global ban on having cetaceans held in captivity. We know that cetaceans held in captivity suffer in a way that is not justifiable. Bill S-203 is a reasonable, balanced piece of legislation.

Let us look at the life of a captive whale, dolphin or porpoise. In captivity, conditions are spartan and prison-like. Cetaceans suffer confinement, isolation, health problems, reduced lifespans, high infant mortality rates, sensory deprivation and trauma from transfer to other parks and calf separation. Given the evidence, captive facilities cannot provide for their social or biological needs. They need to roam widely and dive deep in order to thrive. The range of captive orcas is only 1/10,000th of 1% the size of their natural home range, and 80% of their time is spent at the surface, looking for food and attention from their trainers, who make the choices for them when they are held in captivity. Captive-born animals are often forcibly weaned and shipped to other facilities, away from their mothers and the only companions they have ever known. It creates unnecessary trauma. It is cruel.

Let us compare that to wild cetaceans. They spend approximately 80% to 90% of their time under the water. They have the freedom to make their own choices, sometimes travelling up to 100 miles per day, following food and the members of their family. Many of these species, like the orcas, live in complex societies with their own cultures and dialects, maintaining close ties with family and friends. Some remain in family groups for life. For wild orcas, their pod is critical to their survival.

I want to add that I am excited that we just had a baby orca in the pod off Tofino, witnessed by my good friends Jennifer Steven and John Forde. It is another reminder of the importance of our orcas being able to roam freely in the wild and knowing that a baby orca will not be taken and put into captivity. It is a relief to all of us.

We know that keeping cetaceans is cruel, given the scientific evidence about their nature and behaviour. They are intelligent, social and acoustically sensitive marine animals.

New Democrats believe in the power of research, and we know that the continued study of cetaceans can be done ethically in the wild. There, scientists can get a realistic view of their natural behaviours without causing a lifetime of pain and suffering.

Our party also understands the need for legislation to be measured, and Bill S-203 does balance a fair transition for the two remaining facilities that hold captive cetaceans. It grandfathers in existing animals and gives the zoo and aquarium community a long phase-out period. It is not asking these facilities to close overnight. Certainly we will not be supporting the movement of cetaceans or sale of cetaceans anywhere from those facilities.

There are a few people we need to thank today. First of all, we need to thank the hundreds of thousands of Canadians who brought their voice to all elected officials, whether in the House of Commons or in the Senate, calling for this legislation to be passed; the environmental groups and animal rights organizations for mobilizing people; and indigenous communities for raising their concerns, which led to the bill and today's debate.

Also, there are people in the House whom we need to thank, for coming together and showing this is not a partisan issue; it is a moral issue. First, I want to thank my colleague from Skeena—Bulkley Valley. He had a very important piece of legislation to end zero-waste packaging, with which we hope the government will move forward. It made some announcements today in response to my motion, Motion No. 151, around phasing out single-use plastics. I would like to congratulate the government on that first step, and I look forward to seeing more momentum and movement, especially around industrial-use plastics, and rethinking how we use plastics.

I thank my colleague from Skeena—Bulkley Valley because his bill was supposed to be in the House today, and he gave up his spot so we could move forward with this piece of legislation, knowing the only way we could save it was for it to be in the House today. I also want to thank Terrace's Ben Korving. He is the one who helped my colleague from Skeena—Bulkley Valley bring the bill forward on zero-waste packaging through a contest held in his riding to ensure Canadians' voices were heard in the House. We have not lost sight of Ben's work. We have ensured the government heard the proposal that Ben brought forward. I want to thank them both.

In that same spirit, I want to thank my colleague and friend from Saanich—Gulf Islands for the considerable work she has done on this issue and the stewardship she has shown by taking on this bill, working with us to find a path forward and showing a non-partisan approach when it comes to ensuring we do the right thing for cetaceans, which do not have a voice. We are their voice and this is an opportunity to demonstrate what we are going to do to look out for them.

I want to thank my colleague and friend from Port Moody—Coquitlam, the former vice-chair of the Standing Committee on Fisheries and Oceans, who helped move this bill through committee and worked very hard on it. I also want to thank my friend and colleague, the chair of the Standing Committee on Fisheries and Oceans, the member for Avalon, who has done some great work to help ensure the passage of this bill. I really mean that, because without his help, working with all of us in the House, we would not have got this done. I commend him for his work on that.

This bill would not have made it this far without the courageous and bold efforts of Senator Wilfred Moore. We sometimes raise concerns about the Senate, and I certainly have my doubts right now on a number of pieces of legislation, so I will take it away from the Senate and give it to a human being who is a huge champion, and that is retired senator Wilfred Moore. He has been a champion of this bill. He tabled this bill in the Senate and stayed on this bill even beyond his retirement, showing his dedication and commitment, and we owe him a round of applause. I thank him for being completely committed and devoted to seeing this through.

I thank Senator Murray Sinclair for taking on and championing this bill in the Senate, bringing the really important wealth of indigenous knowledge and his connections across this country and ensuring those voices were also heard in the Senate.

In closing, I hope this bill passes very quickly. I thank the hundreds of thousands of Canadians who have been the voice of cetaceans, which do not have a voice, and look forward to Canada having legitimacy and credibility on the international stage when it comes to fighting for cetaceans and ending the captivity of whales internationally. I hope that is the next step for our country.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, it is interesting that I rise today to speak to Bill S-203, which on its surface seems to be popular and appeals to the emotional drives behind it. Like many Canadians, I have seen cetaceans in captivity at places like SeaWorld and the Vancouver Aquarium; and at places like Marineland, where personally I have never been. I just want to put this in context.

This bill is designed to shut down one business in Canada. There is only one business in Canada actively pursuing or using cetaceans right now for the purpose of entertainment. That is what I want to talk about in this bill.

I am not against the notion that, if Canadians are by and large against having cetaceans in captivity, we can have that conversation. Of course we can have that conversation. It is the approach that this piece of legislation is taking that concerns me. It concerns me because I am a hunter and an angler. I am a guy who grew up on a farm and used animals every day at every stage and walk in my life. I am a guy who represents two areas of my constituency. One area hosts the Ponoka Stampede and one area hosts the Canadian Finals Rodeo in Red Deer.

I am also a conservationist. I have a zoology degree. I am pretty sure the guys who are laughing at me right now probably do not. I am going to ask that they just sit and think about this for one second. Many scientists appeared before the committee in the Senate and the committee in the House of Commons. They were people with not just bachelor of science degrees in zoology but with Ph.D.s. They were very concerned by the precedent that this piece of legislation would set. I asked the question in the committee whether we could end cetacean captivity in Canada in a simpler way, such as by just ending the permits of this particular business. We could do that by making a small change to the Fisheries Act and to the plant and animal transfer act.

However, this bill would change three things. It would change the Criminal Code of Canada and would do some interesting things. The bill is not about how humans handle animals or about the welfare or treatment of animals in people's care. The bill would, for the first time ever, make it a criminal act in Canada to keep an animal in captivity. That is the first time in our legislation anywhere that having an animal in captivity would be considered an illegal act. It would be illegal in the Criminal Code of Canada to breed animals, and these particular cetaceans—

[An hon. member]

Oh, oh!

[The Assistant Deputy Speaker, Anthony Rota]

I will ask the member to stop. I will not mention who the hon. member is.

One of the things we have to look at in this chamber is that, when somebody is speaking, whether we agree with the individual or not, out of respect, we deserve to hear what that person has to say. I just want to remind the hon. members that decorum is something we want to keep. Shouting out or laughing while somebody is reading is not proper decorum.

I will let the hon. member for Red Deer—Lacombe continue and, hopefully, we will continue in a respectful manner.

The hon. member for Red Deer—Lacombe.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, all I am asking for is the same respect I granted the speakers from other political parties while I sat and listened to them.

The problem, as I and the people I represent see it, is with the Criminal Code amendments as well as the follow-through and execution of this piece of legislation, which creates a framework and structure whereby anybody can add onto that by simply adding a comma into the legislation and saying that horses can no longer be kept or used for breeding or for purposes of entertainment. I am not saying that is going to happen, but the structure is actually there in the legislation to do it. One has to ask the question why this would need to be done. Why do we need this sledgehammer in legislation to effect the change we are looking for?

We are known by the company we keep. If we look at the organizations that are publicly and vocally expressing support for this bill, we see they call for the end of things like rodeos, fishing, eating animals and raising animals on a farm. These organizations, like Animal Justice and some SPCAs, call for these kinds of things. This is the company that this piece of legislation is keeping.

As I said, I am actually okay with it. I understand the science behind cetaceans and that not all cetaceans do well in captivity, but we also have to be logical. We have to think with our heads too about whether this is the right way to go. I will give an example. Dr. Laura Graham, who has a Ph.D., testified at committee and said there is no actual definition of cruel anywhere in this bill. As I said, it would create new definitions. For the very first time, it would make it illegal and criminalize the breeding of animals. This is something that is a very dangerous precedent for anybody involved in animal husbandry or any of these industries.

Dr. Laura Graham says that the definition of cruel is not anywhere in this bill, and as a scientist, she finds the lack of objective assessment troubling. She has also observed that the people pushing this bill are dismissing the importance of zoos and aquariums in educating the public and eliciting a concern for conservation and saving the planet.

As a matter of fact, she highlighted a very specific case about Vaquita dolphins down in the Gulf of Mexico, of which there are about 10 left; that is all that is left. If we were to use the facilities in Vancouver, Marineland and various SeaWorld installations as something other than entertainment, but rather as a conservation tool, through captive breeding programs we could potentially some day get to the point where we could release a viable population of Vaquita dolphins back into the wild.

I will get back to Dr. Graham in a second. When I was talking to Senator Sinclair at committee, I asked him about this notion of going to a national park, for example. Where I live in Alberta, there is a park called Elk Island National Park, which is not the typical national park that people think of when they go to national parks in their neighbourhoods. Elk Island National Park is a completely fenced-in enclosure. It is a captive facility for the purpose of breeding and population enhancement. People buy a park pass and go in there for the purpose of seeing that wildlife. They may have other purposes, but make no doubt about it, they go there to see the elk and the bison. There has just been a relatively successful, depending on the standards one wants to measure it by, reintroduction of bison into Yukon. There has been reintroduction of bison into Banff National Park, which would not have happened without the captive facility and the breeding program that went with it to re-establish this population.

The whole argument behind getting rid of cetacean captivity is an emotional one. I get it. Look, I have those same convictions when I look at animals in captivity as well. As a guy who goes hunting and fishing and sees all kinds of things in the wild, I get those same heartstring tugs that everybody else gets. I am not some cold and cruel individual. I get the arguments. However, as a conservationist, I also know that we need to make use of every tool available to us in order to help reintroduce wildlife lost through bad practices or mismanagement. Not everybody in the world does things as well as Canada, and we do not do some things all that well either.

However, we have an opportunity to ask ourselves if this bill is actually going to do more harm than good in the long run. It is the same emotional tug that wants us to end the captivity of whales and dolphins that never would have created these facilities in the first place. The City of Vancouver made the choice to end cetacean captivity for the purposes of entertainment without needing this big piece of legislation to do it, yet that facility is still used for rescue and rehabilitation of cetaceans.

It could just as easily use that facility to save a population of belugas, such as the population of belugas in the St. Lawrence Seaway. We know from the experience at Marineland that belugas are actually breeding quite well there. This legislation would be for the express purpose of making that breeding impossible or illegal, actually to the point that someone could go to jail for it. What is that going to do? It is going to split up that family pod at Marineland. It is going to separate the males from the females, and it is going to create the exact same issue that others are arguing captivity is causing in the first place. It is going to create divisiveness and stress in those families.

We know that belugas in captivity are quite successful at breeding. They have a very high success rate. They have a very high birth rate and a very high survival rate. We have populations of belugas right now in the world that are in trouble. If we do not get the environmental conditions right in nature, in the wild, before those populations are actually gone for good, we would have an opportunity to save those genetics. We could actually use the revenue from letting people come and watch them to help the science and research and help that captive breeding program do more good than harm in this particular case.

That is what I am asking my friends in the House to consider. Yes, it is going to be very popular to vote in favour of this bill. We have Free Willy and Blackfish and others movies that create the desire to do what we think is right.

Dr. Laura Graham talked about Dr. Jane Goodall. She had the same feeling about keeping chimpanzees in captivity, and then she changed her mind. As the habitat was encroaching on the natural range of these chimpanzees, as she saw how zoos and other captive facilities were treating these animals and as research and knowledge expanded, she changed her mind. I am simply asking my colleagues to at least consider that before passing this flawed legislation.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, it is a great honour to speak today during the final hour of debate after several years of work on a bill that is important to the world's whales.

I am particularly honoured to rise this morning because we are at the point that most members in this place appear ready to see this legislation pass. The legislation was first brought forward in the last few days of the Senate sitting of 2015. It has been, to put it mildly, a long haul.

The hon. member just raised concerns, and I think all concerns by my colleagues in this place are legitimate. However, it is important for anyone watching this debate to recognize that the bill is based on science.

Many scientists testified as to why it is critical that we stop keeping cetaceans in captivity. We understand why. They are obviously not akin to livestock, for instance. Cetaceans require the ocean. They require the space. They require acoustic communication over long distances. The scientists who testified before the committee who made the case so strongly made it based on science.

Yes, Canadians care. Yes, the school children who wrote to us in the thousands were not moved by the science; they were moved because they see movies and nature films and they understand that whales, dolphins and porpoises are of a different character than other animals.

I would reassure my friend that we could not just substitute the name for another species. Bill S-203 is firmly tied to the Fisheries Act. I do not think we would find any horses in the wild in the ocean. We have tied it down legislatively in such a way that others should not worry that there will be a creeping effect.

In the time remaining, I want to say how grateful I am for the non-partisan spirit. It has been my entire honour to be the sponsor of this legislation in the House. I am enormously grateful to my colleagues.

I mentioned the scientists. Let me thank Dr. Visser, who testified at committee, coming in by Skype from New Zealand in the days right after the Christchurch killings. It was an emotional time for everyone. I would also like to thank Dr. Naomi Rose, and from Dalhousie University, Dr. Hal Whitehead. Phil Demers, a former whale trainer at Marineland, offered excellent real-life testimony as to the cruelty of keeping whales in captivity.

Certainly Senator Wilfred Moore and Senator Murray Sinclair have done an enormous amount to help. So too has the government representative in the Senate, Senator Harder.

I also want to thank the Minister of Fisheries and his predecessor for taking companion elements in Bill S-203 and embedding them in Bill C-68. Bill C-68, the reform of the Fisheries Act, remains before the Senate.

I want to take a moment to urge all colleagues in the other place to move Bill C-68 through. I also urge everyone here, if there are amendments, to move Bill C-68 through, because the Fisheries Act is critically important on many scores, as well as being companion legislation to Bill S-203.

Again, in a non-partisan spirit, I want to thank the hon. member for Port Moody—Coquitlam, who we will miss in this place, and the hon. member for Skeena—Bulkley Valley. I also want to mention his constituent, Ben Korving, who put forward the legislation regarding zero-waste packaging. I pledge, as leader of the Green Party, to take on Ben Korving's motion and make sure that it does not die in this place, because those members made a sacrifice to allow Bill S-203 to pass before we rise at the end of June.

I also want to thank the hon. member for Beaches—East York, a Liberal, and my friend from Courtenay—Alberni, who was gracious in his praise earlier.

Everyone pulled together on this. The member for Charlottetown, the parliamentary secretary, helped enormously.

I would once again like to thank my Bloc Québécois colleague, the member for Repentigny.

I know that there were Conservative colleagues who did what they could.

I cannot tell members how important this legislation is. I will close with a few words that we have not heard in this place before. They are from the book of Job. They are found in chapter 41, verse 1.

Behold, Behemoth,
which I made as I made you;...

He is the first of the works of God;...

Can you draw out Leviathan with a fishhook
or press down his tongue with a cord?
Can you put a rope in his nose
or pierce his jaw with a hook?...
Will traders bargain over him?
Will they divide him up among the merchants?...

On earth there is not his like,...
He sees everything that is high;
he is king over all the sons of pride.

To everyone in this place, let us think for a moment. We behold Leviathan. He belongs in the wild. He will never again be placed in a swimming pool in this country.