Bill S-238 (Historical)

Ban on Shark Fin Importation and Exportation Act

An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation and exportation of shark fins)

This enactment amends the Fisheries Act to prohibit the practice of shark finning.
It also amends the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to prohibit the importation into and exportation from Canada of shark fins or parts of shark fins that are not attached to a carcass, or any derivatives of shark fins.

Ban on Shark Fin Importation and Exportation Act

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

I have to interrupt the hon. member. There is a little rumble in the background, and we are having a hard time hearing the hon. parliamentary secretary. I am very interested in hearing, and I am sure there are other people who are very interested, so we will just keep it down, and we will be able to hear what she has to say.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, the practice involves removing the fins of the shark and throwing the rest of the shark back into the water to suffocate or bleed to death.

I next approached my good friend and fellow councillor Max Khan to ask for his support as a seconder of the motion. As was Max's style, he did not hesitate to say yes, and so began my personal journey to protect the sharks, and by extension, our oceans. On Monday, July 4, 2011, in a unanimous vote, Oakville became the second municipality in Canada to ban shark fin soup in the community. The chamber was filled with supporters that night, and I was incredibly proud of the community's efforts to move this issue forward.

As I said at the time, given the devastating rate at which sharks are being slaughtered solely for their fins, many species face extinction within a decade. Since sharks are so important to our marine ecosystems, it seemed logical that Oakville should take a leadership role in this instance. This was another way Oakville could demonstrate its commitment to environmental sustainability. In addition to banning the possession, sale, distribution and consumption of shark fins, our motion also called on the federal government to introduce regulations to ban the importation of shark fins, cartilage and all derivative products in Canada.

At the time, I had the privilege of meeting filmmaker and conservationist Rob Stewart, who had just released the groundbreaking film Sharkwater. We lost Rob in 2017 when he died doing what he loved while filming his sequel, Sharkwater: Extinction. What a legacy for Rob and his work if this Parliament could pass this bill before we rise in June.

After watching Sharkwater, I realized that what I knew about sharks was all wrong. Most of what I knew about sharks came from one movie. In fact, now that I have mentioned it, members likely hear that ominous music playing in their heads. It was Jaws, a blockbuster movie that made all of us fear sharks and view them as a menace. Rob Stewart dispelled those myths, but it was one of the reasons sharks were able to be exploited the way they had been.

If people visit the Sharkwater website, they can learn a lot about sharks, about how sharks are the perfect predator, formed by 450 million years of evolution, having lived longer than the dinosaurs and surviving five major extinctions, about how they formed life as we know it and keep the oceans, our planet's life force, healthy. It explains that we exist, in part, because sharks did, and still do.

Up to 150 million sharks are killed every year. Scientists know that regional populations of large sharks have all but disappeared in places like the North Atlantic, where their numbers are estimated to be down by 95%. At the current rate, some species of sharks could face extinction.

Oceans are our largest ecosystem, which is already threatened by global warming, pollution, plastics, habitat destruction and overfishing. We take our oceans for granted, yet we are witnessing the destruction of our marine ecosystem by humans. Sharks play a critical role in the health of our oceans. As the predator at the top of the food chain, they are crucial to keeping other species in balance and maintaining the overall health of the waters. They are at the top of the food chain on two-thirds of the world's surface.

Sharkwater's website also states that one study in the U.S. indicates that the elimination of sharks resulted in the destruction of the shellfish industry in waters off the mid-Atlantic states of the United States due to the unchecked population of cownose rays, whose mainstay is scallops. Studies in Belize have shown reef systems falling into extreme decline when the sharks have been overfished, destroying an entire ecosystem. The downstream effects are frightening. The spike in the grouper population due to the elimination of sharks resulted in the decimation of the parrotfish population, which could no longer perform its important role of keeping the coral algae free.

Canadians care deeply about our oceans. Many gain their livelihood because of the oceans. Indigenous people have been the stewards of our oceans and waters for thousands of years.

Shark finning has been banned in Canadian waters since 1994, but Canadians might be surprised to learn that the importation of shark fins is still permitted. Canadians might also be surprised to learn that according to the United Nations, Canada is the largest importer of shark fins outside East Asia. Bill S-238 would change that.

I know that Wendy Perkins and others are watching this tonight. To them I want to say thanks for their commitment to this issue year after year. I thank Wendy for challenging me to bring this forward in Oakville and for continuing to champion the issue.

It is truly an honour for me to be here in the House of Commons to speak in favour of an issue that I first brought to the Oakville council, and on that note, I want to remember my late friend Max Khan, who supported me in all things, including on the issue of ending shark finning.

Finally, I want to thank my good friend, the member for Beaches—East York, who had attempted to deal with the issue of shark finning in his private member's bill. He is one of the most passionate advocates for animal welfare, and I want to thank him for his leadership and commitment.

As Rob Stewart said, “The animal we fear the most is the one we can't live without.” We have the power to protect our oceans. We can honour the memory of one of Canada's finest filmmakers and environmentalists.

This bill passed in the Senate last year, and I am pleased to support the bill in the House. I encourage all members to work together to see this bill receive royal assent prior to the House rising in June.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Deb Schulte, Liberal, King—Vaughan, ON]

Mr. Speaker, I would like to start by thanking Senator Mike MacDonald, from Nova Scotia, for introducing this bill, Bill S-238, in the Senate and the many parliamentarians who have been involved in getting it to this second reading in the House.

There probably is no one here today who would not recoil in disgust if they saw, as I have, the photos of line after line of shark fins spread out to dry in the sun. The waste captured in just one photograph is immense. So too is the suffering these sharks endured, casually tossed back into the sea to die a cruel death. The capacity of man to view himself apart from nature, taking what he wants without thought as to the consequences or the impact on other species, is on display in these obscene photos of shark fins stacked for drying.

My riding of King—Vaughan is blessed with many wonderful features. However, we do not have an ocean. That does not stop my residents from caring about this issue. I have received many emails and letters demanding that we do something to better manage and protect ocean species and aquatic ecosystems and to stop shark finning.

This issue was brought to my attention not only by my residents but by my son, who has recently graduated with a marine biology degree from Dalhousie. It seems that I am talking about marine ecosystems wherever I go, and the talk often is not uplifting. However, being aware of this destruction and being revolted by specific acts like shark finning is not enough. We collectively have to act when we can and where we can to create a better world.

Others more knowledgeable than I am can speak to the crucial role top predators play in maintaining ecological balance. Others will surely raise that some species of sharks or some populations of sharks are in dangerous decline. Those are important matters to consider, but rather than those issues, I would like to take my time to consider how shark finning sits discordantly with a couple of important Canadian values and traditions.

First is the characteristically Canadian value of being prudent with our resources, including wildlife resources, and avoiding overuse or wasteful practices. We do not always get the balance right, but we aspire to. When Canadians have harmed our environment, most often it has been due to inadequate knowledge or understanding rather than wanton disregard or blind destruction driven by greed. Shark finning, it seems to me, not only is incompatible with Canadian values but is incredibly wasteful.

Second is the role Canada has always played as a middle power, punching above our weight and helping to make a better world beyond our borders.

Opponents of Bill S-238 have said that the bill is unnecessary, that Canada, as a condition of granting fishing licenses, has already long prohibited the finning of sharks in Canadian waters. On this point, let me begin by noting that sharks do not know where our boundaries are. In the vast ocean, sharks swim back and forth from protected to unprotected waters on any given day, so any law preventing sharks from being finned in Canada's exclusive economic zone does not prevent this abhorrent practice from taking place. Therefore, Bill S-238 is not about protecting sharks within Canadian waters. It is about protecting sharks outside of Canadian waters from being caught and finned to service a demand created by people within Canada willing to import these shark fins for human consumption.

As others have noted, Canada currently is a significant and growing market for shark fins imported from abroad, with about 170,000 kilograms of shark fins imported annually. Canada is a small country, population-wise, but as a major shark fin importer, we have a huge negative impact on the health of the world's sharks. The hypocrisy of protecting sharks in Canadian waters from this wasteful and cruel fishing practice, only to import shark fins harvested in this same manner from elsewhere, is not consistent with our values, especially for a nation that prides itself on environmental leadership.

Nevertheless, arguments against a total ban on shark fin imports have been raised based on Canada's international trade obligations. The potential legal issue is whether the legislation provides a satisfactory distinction between fins obtained sustainably and those obtained via the cruel and wasteful practice of finning. The difference, it seems to me, is whether the whole shark is used or whether just the fins are used. These issues are not unresolvable and have been addressed in the bill and likely are resolvable through further regulation.

Surely there are some species of shark in such endangered states that no imports should be allowed for conservation reasons, whether the entire shark has been harvested and used or just the fins.

For species of shark with demonstrably healthy populations, a rigorous track-and-trace system could be employed to demonstrate that the fins were derived from a shark sustainably harvested and used in its totality rather than just the fins. Of course, the onus of providing adequate tracking and tracing should rest with the importer of such fins.

Moving forward, it seems it is finally time to take action regarding this abhorrent and wasteful practice of shark finning. Given the devastation being experienced in the world's oceans and the collapse of many of the world's largest fish species, we need to ensure sustainable fishing practices are in place to protect our ocean ecosystems and our apex ocean species.

I look forward to seeing this bill move through the process quickly and getting the bill passed as soon as possible.

[Fin Donnelly, NDP, Port Moody—Coquitlam, BC]

Mr. Speaker, I would like to first thank Senator Mike MacDonald for introducing the legislation and for his passion and hard work in getting it through the Senate.

I would also like to thank the Parliamentary Secretary to the Minister of Health, the member for Oakville North—Burlington, who mentioned Rob Stewart and the legacy, as parliamentarians, that we could leave if we passed the legislation. She is right on the money; that is the case.

I have worked on introducing this issue. I introduced legislation in 2012 and 2013, when it went to a vote in a previous administration. It failed by five votes.

Since 2013, over half a billion sharks have died. Sharks around the world cannot wait for another election or another Parliament for legislation to go through. Many members on both sides of the aisle in this debate have raised excellent facts, presented good information, have talked about the endangered sharks and about the fact that there are not sustainable shark fin fisheries around the world. There may be some sustainable shark fisheries, including in Canada, but a sustainable shark fin fishery does not exist. In fact, organized crime plays a role in driving the shark fin fishery around the world.

Canada can take a lead role by passing the legislation. I implore the members of the House to vote in favour, to pass this legislation, to get it to committee and through committee as fast as possible so it has a chance to get back for third reading in the House. Even that is going to be very close, given the timeline we are up against in mid-June.

I appreciate the members who have spoken in support of this. I appreciate that their passion, like mine, is to get this through the House. We need to act now. Let us vote in favour of getting it to committee. Let us pass the legislation and leave a legacy for sharks and healthy oceans and do the right thing on the world stage for Canada.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

On division.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Fisheries and Oceans.

(Motion agreed to, bill read the second time and referred to a committee)