This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
This bill has received Royal Assent and is now law.
This is from the published bill.
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.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
The House proceeded to the consideration of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), as reported (without amendment) from the committee.
The Assistant Deputy Speaker Carol Hughes
There being no motions at report stage, the House will now proceed, without debate, to the putting of the question of the motion to concur in the bill at report stage.
Elizabeth May Green Saanich—Gulf Islands, BC
seconded by the member for Windsor—Tecumseh, moved that the bill be concurred in.
The Assistant Deputy Speaker Carol Hughes
The question is on the motion. Is it the pleasure of the House to adopt the motion?
Some hon. members
Agreed.
On division.
Elizabeth May Green Saanich—Gulf Islands, BC
seconded by the member for Windsor—Tecumseh, moved that the bill be read the third time and passed.
She said: Madam Speaker, I thank those members who are applauding this historic day. I speak for myself and for many Canadians from coast to coast to coast when I say we are very grateful for the assistance of the hon. Minister of Fisheries, Oceans and the Canadian Coast Guard, the assistance of the hon. Minister of Environment and Climate Change and the assistance of their parliamentary secretaries in assisting this bill to get through this place after its long, long, long gestation in the Senate. We are extremely grateful for that support to expedite the passage of this bill so that it can receive royal assent before this House adjourns for the summer and the election.
I am only going to canvass briefly the elements of the bill; I think we are all very familiar with it.
It was started in the Senate, where it was sponsored by an absolutely terrific Canadian who would make the case that we should change mandatory retirement at age 75 for members of the Senate.
Senator Wilfred Moore of Nova Scotia brought this bill forward in 2015. On his retirement, it was taken up by another magnificent and inspiring leader within this country, former jurist Senator Murray Sinclair. All of their work and all of the witnesses in the long hearings before the Senate made the same point over and over again: In the 21st century, we simply know better than to think cetaceans belong in captivity. We can no longer pretend that the entertainment value of these magnificent, sentient creatures in swimming pools anywhere in Canada is acceptable.
Parallel to our efforts on Bill S-203 is a very good bill, Bill C-68, from the former minister of fisheries, the hon. member for Beauséjour. It is is currently before the Senate, and we certainly hope will pass soon. To him, I once again want to underline my deep thanks for all of his work as minister of fisheries.
Bill C-68, would make it illegal to take a cetacean into captivity in Canadian waters. Bill S-203, finishes that piece and makes it comprehensive by adding that we will not breed cetaceans in captivity, nor will we buy cetaceans from other countries and keep them in captivity.
We are listening to the science and taking the appropriate actions.
I want to thank other people who have played a significant role in seeing this largely non-partisan effort, supported by thousands and thousands of Canadians, come to this point.
I want to thank the hon. members for Courtenay—Alberni, New Westminster—Burnaby, Beaches—East York and Pontiac; the Minister of Fisheries, Oceans and the Canadian Coast Guard; the Parliamentary Secretary to the Minister of Fisheries, Oceans and the Canadian Coast Guard; the members for West Nova, Avalon, and Charlottetown, and the member for Repentigny from the Bloc Québécois. There was help from members on all sides of the House, including the party that did not support the bill; there are individual members of that party who were very helpful.
The NGO community has been very helpful in assisting the process by networking with good scientists and also making sure the community of Canadians concerned with cetaceans received assistance. That community includes Animal Justice and its spectacular lawyer, Camille Labchuk; the Humane Society of Canada; Humane Society International; Ontario Captive Animal Watch; Animal Alliance of Canada; World Animal Protection; and The Whale Sanctuary Project. Assistance also came from scientists Dr. Lori Marino; Dr. Ingrid Visser, who testified by video link all the way from New Zealand; Dr. Naomi Rose; Dr. Hal Whitehead, of Dalhousie University; and Phil Demers.
All of these scientists, NGOs, individual elected Canadians and those from the unelected other place worked diligently and did their homework with one aim only: to end a practice that we all know is wrong.
It is a great honour for me to have overseen this private members' bill. It is a great honour.
I am surprised by the tremendous support that this bill has received across Canada. At this time, I would like to say just one thing: thank you.
I thank everyone involved and am in their debt, as are our wonderful free whales. Although it was certainly an accident of fate and Parliament that the bill was brought forward by Senator Wilfred Moore, I will say once more “Free Willy”.
Ending the Captivity of Whales and Dolphins ActPrivate Members' Business
Parkdale—High Park Ontario
Liberal
Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions
Madam Speaker, I thank the leader of the Green Party for her contribution to today's debate and for her contributions every day in the House. They are always welcome and always to the point.
I want to ask her about an important aspect she mentioned in her comments today on Bill S-203. It is the notion of the sentient nature of so many of the creatures that exist on our planet. For a long time, even when many of us were much younger, we learned about dolphins, but a bit less about whales, and that sentient nature. Perhaps the member could elaborate on how that science and evidence is developing and what the next frontier holds in further protections, beyond whales and dolphins, with respect to the animal kingdom and the species that exist on this planet.
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, having had a chance to look at my list, I am mortified that I had not said the correct riding of someone who played a huge role, and that is the hon. member for Port Moody—Coquitlam. I want to ensure that is on the record.
The science increasingly tells us that it constitutes cruelty to animals to take these cetaceans and keep them in confined spaces. They communicate as families. They communicate as communities. They use language. The communication requires space and range. They are creatures that travel enormous distances. Part of the health of the animal requires being able to function in community.
We saw it in the wild this summer when one of the members of our southern resident killer whale population gave birth to a calf that died almost immediately. The mother of that whale pushed her calf through the water on her nose, keeping it above the water, although dead, for an astonishing 17-day period of mourning.
It is certainly not possible to imagine that these creatures could live in swimming pools. The science is clear.
Chris Bittle Liberal St. Catharines, ON
Madam Speaker, I would like to thank the hon. leader of the Green Party for her work on this file.
Being a member from Niagara, we have an unfortunate place, and I do not know how else to describe it, in the backyard of my riding, which is Marineland. It is quite troubling to see such incredible animals being confined to such horrible conditions in small tanks. I had the fortune to see these animals in the wild, travelling kilometres at a time.
Could the hon. member comment on that business model? Hopefully, this bill will push Marineland to develop a new business model where tourists and residents of Niagara can be proud of something in our background.
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, it is a difficult thing. When this bill came forward, two facilities in Canada held cetaceans in captivity. Vancouver Aquarium quite rightly made a decision voluntarily, which was very controversial within decisions made by the Vancouver city council, that it would no longer hold cetaceans in captivity. However, Marineland has taken a different approach, which is to fight the bill tooth and nail.
I hope Marineland can adjust its business model. It is a fantastic tourist attraction. It is in a perfect location. I am not a marketer, but if I were, I would suggest it talk to the people at Cirque du Soleil. I would suggest it convert that swimming pool for whales, which is a cruel living condition, to brilliant acrobats dressed as mermaids, cavorting on trapezes up and down, and attracting crowds like they have never seen before. Then we can all say with big smiles on our faces: “Everyone loves Marineland”.
Rob Nicholson Conservative Niagara Falls, ON
Madam Speaker, this debate will continue, but I want to ask the hon. member if she has had an opportunity to compare what is in her bill to what is in the government's Bill C-68, which is now before the Senate. That bill covers a lot of ground, but a number of the issues are very similar, if not identical, to what is in her private member's bill. I will ask her to comment.
Elizabeth May Green Saanich—Gulf Islands, BC
Madam Speaker, to my dear friend from Niagara Falls, I would say that Bill C-68 is a terrific piece of legislation. It does ban the taking of whales from Canadian waters, but it does not speak to the pith, substance and core of this bill, which is that people cannot continue to hold them in captivity, cannot breed them for captivity and cannot keep whales in captivity.
Ending the Captivity of Whales and Dolphins ActPrivate Members' Business
Parkdale—High Park Ontario
Liberal
Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions
Madam Speaker, I rise today to join this important debate on Bill S-203, an act to amend the Criminal Code and other acts with regard to ending the captivity of whales and dolphins.
Both I and my constituents in Parkdale—High Park have anticipated this piece of legislation for some time since it moved from the Senate to this House. Now that it has returned from the fisheries and oceans committee without amendment, I am pleased to stand and speak in favour of this bill. It is important to highlight the important work that was done by a unanimous fisheries and oceans committee to get it back before this House expeditiously.
Before I speak to the substantive elements of the bill, I want to add my voice to the voice of the leader of the Green Party and thank the Senate sponsors for this bill, the now retired Senator Wilfred Moore and Senator Murray Sinclair, who carried the bill forward after Senator Moore's retirement. I want to thank as well the House of Commons sponsor, the hon. member for Saanich—Gulf Islands, who commenced this debate today. All of these individuals have been tireless advocates for this legislation, and their activism and advocacy has helped carry Bill S-203 to this point we are at this afternoon.
The bill itself seeks to prohibit the taking of a cetacean into captivity and will amend the Criminal Code to create offences respecting cetaceans in captivity. It will also amend other acts to require a permit for the import of a cetacean into Canada and the export of one from Canada.
I want to begin by tracking our government's progress on the commitment to promote animal welfare rights in Canada and abroad. This is an important issue to me and the constituents of my riding of Parkdale—High Park, as I frequently hear from them about the work we must all do collectively to ensure the welfare of animals. Since 2015, we have made progress on this commitment.
In my role as Parliamentary Secretary to the Minister of Justice, one of the pieces of legislation I have had the privilege of working on is Bill C-84, an act to amend the Criminal Code in relation to bestiality and animal fighting. That bill will make important amendments to our Criminal Code to change the definition of bestiality and expand the animal fighting provisions to capture more of this conduct and ensure offenders are brought to justice.
This week is indeed a momentous week in this chamber, because it was only this week that Bill C-84 received third reading and was then sent to the Senate. I, along with many others, look forward to its study and its eventual passage there. In the same week that we dealt with Bill C-84 in this chamber, we are dealing today with Bill S-203. It has been an important week for animal rights in this country.
With the help of stakeholders such as farmers, industry groups, provinces and territories, and veterinarians, our government has also been active on ensuring proper and humane animal transport. Federally, the Canadian Food Inspection Agency, the CFIA, administers the enforcement of regulations related to animal transport, and plans are under way to modernize the regulations and humane transport provisions of the health of animals regulations. These have not been updated since the 1970s. The need to reduce animal suffering during transportation is clear.
In 2017, we also announced an investment of $1.31 million to an entity known as the Canadian Animal Health Coalition, the CAHC, to help ensure the safe transportation of livestock, develop emergency management tools for the livestock industry and improve animal care assessments.
We have also been engaged with stakeholders on the topic of animal welfare during the slaughter process. The stakeholders in my riding of Parkdale—High Park have spoken to me repeatedly about the need to ensure that animals are handled humanely at all points of their lives and that the high standards we expect regarding animal treatment are upheld. I absolutely agree with their sentiment that this kind of protection must be a priority, which is why I currently serve as a member of the Liberal animal welfare caucus.
Let us get back to the bill before us, Bill S-203.
Scientists agree that whales, dolphins and other extraordinary marine mammals like them should not be kept in captivity or bred in captivity, and that doing so amounts to cruelty.
Additionally, it is well documented that the live capture of cetaceans and their transport to a foreign habitat harms the natural habitat where the cetaceans originate. At a time when oceans are under increased threat from a number sources, such as habitat destruction, coastal pollution, overfishing and global warming, which all harm these cetaceans, we can scarcely afford to be keeping them in captivity.
We must also think about the difficult living conditions for cetaceans that live in a confined space, such as an aquarium, without the social contact and normal activities most cetaceans in the wild would enjoy. Those that live in captivity suffer from a higher rate of physical health issues and a lower life expectancy.
As well, calves generally suffer from a much higher mortality rate and a lack of emotional connection to others of their species as a result of the limited space when they are in captivity.
Therefore, where we may have seen whales, dolphins and other cetaceans in an aquarium as a form of entertainment in bygone years, in many cases we now realize that it actually amounts to animal cruelty. Thus, our government firmly agrees that the capture of cetaceans for the sole purpose of being kept for public display should be ended.
Importantly, while the banning of whale captivity is not yet in law, the practice has been in place for some years now, which is a good sign. Bill C-68, which was mentioned earlier in today's debate in one of the questions by a member opposite, was introduced by our government. It is currently in the Senate and passed in the House in June of last year. It includes amendments to end the captivity of whales unless for rehabilitation. This legislation now before us is the next step, the next important step, in ensuring the safety and security of these intelligent and complex creatures.
Presently, as was mentioned by the Leader of the Green Party, there are two aquaria in Canada that are holding cetaceans: the Vancouver Aquarium, in British Columbia, and Marineland, in Ontario. The Vancouver Aquarium, which is a not-for-profit institution, currently has a Pacific white-sided dolphin, which was rescued from the wild and deemed not releasable, as well as five belugas on loan to aquaria in the United States. The Vancouver Park Board has not permitted the aquarium to hold cetaceans captured from the wild for display purposes since 1996, but it does work with the Department of Fisheries and Oceans to respond to cetaceans in the wild requiring rescue and rehabilitation. Marineland holds the remaining balance of cetaceans, including one orca.
The Minister of Fisheries and Oceans retains the authority to issue a licence for the capture of live cetaceans. However, only one such licence has been issued over the past decade, and that was for the rescue and rehabilitation of a stranded Pseudorca calf. No licence has been issued for the purpose of displaying a cetacean publicly in over 20 years. As stated earlier, it has been the practice of successive Canadian governments that cetaceans not be captured or placed in captivity unless for rehabilitation.
It is also important to note the elements of Bill S-203 that relate to the protection of the rights of indigenous peoples, some of which feature whales and dolphins as a key component of their culture and traditions. These provisions were not initially part of the bill, but through the significant consultation process that took place while Bill S-203 was being studied in the Senate, the bill was sufficiently and appropriately altered.
It is essential to consider and address the needs of indigenous peoples. This is something I have heard frequently from the knowledgeable, engaged constituents of my riding of Parkdale—High Park and literally from people right around the country. They have always echoed to me that we in this place, as legislators, must apply an indigenous lens to all the legislation, government or otherwise, that comes before us. I am pleased to see that this is in fact exactly what was done in the Senate when it engaged in those consultations.
This legislation complements our government's work, which I have outlined. We are committed to the recovery and protection of marine mammals. This commitment is evident through another investment we have made, which is a $1.5-billion investment in what is an historic oceans protection plan that would help restore our marine ecosystems, in partnership with our indigenous partners.
As well, there has been a five-year $167-million investment in the whales initiative, which would take concrete steps to help endangered whales and reduce the impact of human-caused threats. Our latest announcement was $61 million for measures in support of the southern resident killer whale population off the coast of British Columbia.
Bill S-203 is one aspect of the support our government is giving to marine animals and their habitat. Bill S-203 is also supported by some significant leaders in the field of marine science and animal welfare, including Humane Canada and Animal Justice. Even the former head trainer at Marineland, Mr. Philip Demers, has expressed support for the measures in this bill.
What I think we are seeing here with Bill S-203 is the proper and necessary evolution of rights protections for animals in this country. It is a bill whose time has come. It is a bill I am very proud to support on behalf of my constituents and as a member of the government. I urge all members to do the same.
Mel Arnold Conservative North Okanagan—Shuswap, BC
Madam Speaker, it is a pleasure to rise to speak to Bill S-203, an act to amend the Criminal Code and other acts, ending the captivity of whales and dolphins.
The proposed bill amends the Criminal Code to create offences respecting cetaceans in captivity. It also amends the Fisheries Act to prohibit the taking of cetaceans 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.
The bill seems to be falling under the same umbrella, the same mode of operation of the government. It is being rushed through the House.
I was not able to attend the Standing Committee on Fisheries and Oceans the day the bill was debated clause by clause, where amendments might be considered and brought back to the House. It is my understanding that even the Liberal government drafted and put forward four amendments to the bill. The Liberals could see the bill was flawed. They drafted corrections to a bill that had been out there for a lengthy period of time. However, when it came time to debate those amendments, the Liberals drew them back. It was speculated that they did that because of pressure from outside groups behind closed doors, under cabinet confidence, something the public cannot have access to, to withdraw those amendments.
That is a concerning factor for me. As the deputy shadow minister for Fisheries, Oceans and the Canadian Coast Guard and a member of the Standing Committee on Fisheries and Oceans, we seem to see a trend recurring over and over again. The government promises consultation and claims to consult with locals and the people who are affected by changes to laws or regulations, the businesses, the aquariums, the fishermen. After the Liberals have done all that supposed consultation, they go behind closed doors where they appear to be lobbied by foreign interest groups, special interest groups. That lobbying seems to have more effect than the open and transparent consultation process that should take place with an open and transparent government, which, unfortunately, seems to be lacking right now.
Bill S-203 has been rushed through the House of Commons, without study. In the short time members of Parliament have had the bill, many issues have been flagged. These issues range from constitutional concerns to practical considerations that have been simply overlooked. This happens when legislation is rushed through and not carefully considered. Had the members been given more time to review and study the bill, many of these problems could have been solved with simple amendments. These amendments would benefit cetaceans, Canadians and stakeholders alike.
Another major issue was flagged recently in Bill S-203, which could impact hundreds of thousands of Canadians and their vacation plans over time. As it currently reads, Bill S-203 could negatively impact Canadian travel and tourist industry. More specifically, Bill S-203 could negatively impact travel agencies and Canadian vacationers who travel abroad and visit captive cetaceans in other countries. It has been argued that this is not the case, but the legal advice cannot irrefutably dissolve this. They cannot say for certain that this is not the case. It will take a court decision to say whether it is the case.
I have a letter from Marineland that raises the concerns in great detail and I will quote from that letter:
There was considerable discussion at the House of Commons Standing Committee on Fisheries and Oceans with respect to the prohibition on using cetaceans in performances for entertainment purposes and the broadness of the legislation. The section reads:
“(4) Every one commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive cetaceans are used for performance for entertainment purposes unless such performance is authorized pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.”
A plain reading of the legislation offers no ambiguity. 'Every one' means every human being in Canada commits an offence when they do any of the following “promotes, arranges, conducts, assists in, receives money for or takes part in.”
Travel agents in Canada promote and receive money for selling such excursions to constituents of yours who then 'take part in' and many end up 'promoting' the experience on their own social media in Canada.
The exemption that is proposed in the section will not apply to the shows that today travel agents in your communities are actively promoting and receiving money from, nor will it apply to your constituents who take part in these shows and may promote it by encouraging others on social media to participate in similar shows in the future.
Department of Justice lawyers were not able to refute Marineland of Canada's contention that travel agents who 'promote' and 'receive money from' selling tickets to such shows occurring outside of Canada will not be criminally charged for doing so.
While Marineland of Canada is not concerned about this clause of the legislation impacting our facility, as we simply will not offer such a show for entertainment purposes, we believe this clause highlights the perils of using Private Members' legislation originating in the Senate to amend the Criminal Code of Canada.
We've reviewed travel agency offerings throughout Canada and have found that there are travel agents in every single Canadian province that promote and sell tickets to, and therefore receive money from, captive swim with the dolphin experiences and captive cetacean shows that will be covered by S-203.
The Department of Justice lawyer suggesting it is unlikely these people, or Canadians who urge their friends on Facebook to swim with the dolphins on their next trip, will not be prosecuted does not go far enough in addressing what is clearly a flaw in S-203.
Every single Canadian has a positive obligation to comply with all relevant sections of the Criminal Code at all times, and simply stating that while an act might be illegal, because the person breaking the law is unlikely to be prosecuted, is not OK.
If members pass S-203 with the current wording contained in the 'entertainment prohibition', you will be criminalizing the actions of vacationers from your riding who head south and participate in these lawful activities and the travel agents in your riding and Province who sell these excursions.
Is it truly the intention to leave Canadians in a position where posting about their lawful experience in another country can become a criminal offence if they encourage others to swim with dolphins when they go on vacation?
Is it truly the intention to criminally charge travel agents in your riding for selling vacations to Hawaii, Mexico, Cuba, the Bahamas and including an excursion that involves swimming with dolphins or a captive cetacean show?
As it is currently written, that is what the legislation would do and what members would be endorsing if they voted in favour of it. It will certainly be of interest—