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

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Mr. Speaker, I am happy to speak this evening in support of Bill S-238, an act that would ban the import and export of shark fins in Canada. I will be brief because we would all like to see the bill quickly passed here and given royal assent before Parliament rises in June.

Five or more similar bills have been debated in this place over the years, and unfortunately none has passed. It would be unfortunate if we missed the opportunity once again to pass this important legislation.

I would like to thank my friend, Senator Mike MacDonald from Nova Scotia, for introducing the bill into the Senate, and I would also like to thank my colleague, the member for Port Moody—Coquitlam, for sponsoring it in this place. It is very similar to a bill that he put forward as a private member's bill in 2013.

As others have said, shark finning is the practice of catching a shark, cutting off its fins and throwing it back in the ocean alive, where it dies a miserable death, usually from drowning. Sharks have to keep moving through the water to breathe, to get water moving across their gills, and without their fins, they just sink to the bottom and drown. It is barbaric and it is wasteful. Most of it is illegal, and it is fuelled by simple greed.

We might think it is not a common practice, but unfortunately that is not the case. Over 100 million sharks are killed every year to satisfy the demand for shark fin soup, and some estimates are double that, at 200 million sharks. Canada's share in this slaughter is increasing. We imported 180,000 kilograms of shark fins in 2017, up from 106,000 kilograms in 2012. We are the largest importer of shark fins outside of East Asia.

This practice is significantly impacting shark fin populations around the world, and it does not just affect the sharks: It is radically changing ocean ecosystems. Imagine 100 million bears disappearing from our forests or 100 million lions disappearing from the plains of Africa.

Also, 141 species of sharks around the world are now classified as threatened with extinction or near threatened with extinction. The Committee on the Status of Endangered Wildlife in Canada has assessed six species of sharks from Canadian waters and has listed three as endangered and three as being of special concern.

Some shark species are particularly hard hit by finning. The scalloped hammerhead has declined over 90%—one study suggested a loss of 98%—over a period of 30 years off the east coast of North America. Data from the same coast indicates that the population of the oceanic whitetip shark, once one of the most abundant animals in the world's oceans, has declined by over 70% between 1992 and 2000. That is 70% in only eight years. This once abundant species is rapidly becoming functionally extinct.

Before I had the privilege to sit in this place, I was an ecologist who did a lot of work on species at risk. One thing I noticed over that career is our casual disregard for the destruction of populations of animals living in our oceans, lakes and rivers, be they fish, sharks, turtles or whales. We simply do not seem to worry about things we cannot see. Because we cannot easily see what goes on below the surface of the ocean, we too often destroy populations before we are aware of what we have really done. I can mention the impact on whale populations around the world, Atlantic salmon, northern cod, and now the sharks of the world.

I will finish by mentioning, as others have, that last October I had the honour of meeting the parents of Rob Stewart at an early screening of Rob's magnificent movie Sharkwater Extinction. Rob was a remarkable young Canadian devoted to the conservation of marine ecosystems, and especially sharks. His movie Sharkwater was hailed around the world, but tragically he drowned while filming the sequel, Sharkwater Extinction. His parents have bravely worked to finish the movie and it is now being shown across the country.

I urge everyone here and everyone across Canada to see this important documentary. It will inspire people and change their view on sharks forever.

[Sean Casey, Parliamentary Secretary to the Minister of Fisheries, Oceans and the Canadian Coast Guard, Lib.]

Mr. Speaker, I rise today to speak to 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, also known as the ban on shark fin importation and exportation act.

The Government of Canada remains strongly committed to managing shark populations worldwide, with conservation and protection goals a priority.

Shark finning refers to the practice of harvesting sharks and removing fins from the live animal, only to return the debilitated animal, alive, to the water. The maimed animal then drowns as it sinks, powerless, to the bottom of the ocean.

I hope that image causes distress. It should. Canadians have told us that they are appalled by it and that they want us to put an end to it. Bill S-238 aims to do that, and it is a good thing.

My House of Commons and Senate colleagues are probably all familiar with the film Sharkwater, which came out in 2007. This captivating documentary starring Rob Stewart and Paul Watson is at times so shocking that it is difficult to watch.

The film follows the biologist-conservationist duo who joined forces to fight the poachers who kill animals illegally for their fins. The film, which contrasts gorgeous underwater scenes with images of horrifying animal cruelty, set off a global movement against shark finning.

This past fall, Mr. Stewart was again featured in a sequel to the same documentary, entitled Sharkwater Extinction. This more recent documentary exposes the continued, rampant existence of a significant illegal shark fin industry. At the core of this documentary is, once again, the cruel treatment of sharks and their rapid decline toward extinction. Also featured are the criminal conspiracies and the violent corruption, which often put Stewart and his crew at risk, that are linked to the still very lucrative illegal shark finning industry. Sadly, Mr. Stewart died in January 2017 while he was in Florida filming Sharkwater Extinction.

The original documentary and its sequel are making their mark around the world. There is increased compassion and sympathy for the once feared and misunderstood shark and a growing concern that we are slaughtering them to extinction and governments are doing nothing to stop it.

The fact is that in Canada, shark finning has been illegal since 1994. However, and this is where much of the concern lies, importing fins from other countries that do not ban the practice is still permitted. This has made it difficult for municipalities to impose bans through bylaws. In fact, since 2011, several Canadian cities have attempted to impose bans on possessing, selling or consuming shark fin products. Notably, Brantford, Oakville, Toronto, Newmarket and Mississauga, in Ontario, and Calgary, in Alberta, all had such bans at one time. Some still do today.

There are problems with local bans, however. Some have been challenged in court and overturned. While the courts agree that shark finning is inhumane, the main problem is that municipal governments have no authority over shark fin importation. The lack of legitimate finality at the local level means there is a growing need for a federal response to this important issue.

As we heard, in 2013 a private member’s bill to ban shark fin imports in Canada failed in this House. We are now faced with another opportunity, provided to us by Senator Michael L. MacDonald, in the form of Bill S-238. I ask that we carefully consider Bill S-238 and its proposed legislative solutions to the growing global issue of shark finning.

This proposed bill to ban the importation and exportation of shark fins or parts of shark fins that are not attached to a shark carcass, or any derivatives of shark fins, has a tremendous amount of merit. It would indeed be an indication of Canada's global leadership and position against the cruel practice of shark finning to amend the Fisheries Act and enshrine the prohibition of shark finning in Canada. However, I carefully followed the debate on this bill in the other place and, as raised in the other chamber, Bill S-238's proposed amendments to the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, WAPPRIITA, prohibiting the import and export of shark fins may be problematic.

Implementing Bill S-238, as amended by the other place, has a number of implications. With respect to WAPPRIITA, the proposed amendments do not discriminate between sustainably harvested sharks and shark products, and shark fins that are the product of shark finning. This would be inconsistent with Canada's international trade law obligations because it would pose a risk of violating non-discrimination obligations. A ban on the import of shark fin products and their derivatives without banning all internal trade of the products would violate this obligation.

In fact, a study of the legal implications of an almost complete ban on the importing of shark fins by Canada, as proposed by Bill S-238, revealed that this would very likely result in the violation of our obligations to the World Trade Organization.

Trade measures can be an effective means of fighting illegal, unreported and unregulated fishing and of promoting sustainable fishing practices. However, these requirements must be consistent with Canada's international trade obligations as a member of the World Trade Organization. I am sure there is a way forward that will allow us to comply with our trade obligations and, more importantly, to put an end to shark finning.

I will take a few seconds at this time to summarize.

Shark finning has been banned in Canada since 1994 through the licence conditions administered under the Fishery (General) Regulations, a regulation made under the Fisheries act.

In 2016, Canada implemented a mandatory fins-attached management measure for all pelagic shark landings across Canada. All harvesters are required to land pelagic sharks with the fins naturally attached.

Bill S-238 proposes to add a prohibition on shark finning in the Fisheries Act that would enshrine the ban of shark finning in the Fisheries Act, as well as banning importation through WAPPRIITA.

The government is committed to ensuring that we end the practice of shark finning while ensuring we uphold our international trade commitments.

I am convinced that shark finning is a cruel practice. As a Canadian and a steward of our natural environment, I feel I have a responsibility to prevent cruelty towards any animal and the decimation of any species. That is why I look forward to a rigorous debate on this bill in committee.

Bill S-238 is a noble indication that Canadians feel the same way. Perhaps the means by which the bill proposes to achieve its ends are not perfect, but I believe it is our duty here in this place to find a way to do whatever is within our power to stop shark finning. I am confident that this is the right thing to do.

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

moved that 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 (importation and exportation of shark fins), be read the second time and referred to a committee.

Mr. Speaker, I rise today to speak in support of Bill S-238. I would like to thank the member for Beaches—East York for seconding this bill, and I pay tribute to the hon. Senator Michael MacDonald for his tireless work getting Bill S-238 passed through the Senate. I would also like to acknowledge the work of his staff, Ewan Dunn and Kathryn Dunn. It has been a pleasure working with them on this critical issue.

This bill would ban the importation and exportation of shark fins, into and out of Canada, that are not attached to a shark carcass. It would provide an exception for ministerial permit if the importation of fins were for scientific research and would benefit the survival of the species. It would enshrine into law a prohibition on the practice of shark finning.

Shark finning has been banned in Canada under licensing conditions since 1994, but shockingly, the importation of shark fins continues to be permitted. Since 2011, five private member's bills banning the trade in shark fins have been introduced. In that time, nearly one billion sharks have been butchered and killed for their fins, shrinking the international shark population and driving dozens of shark species to near extinction. Last year, Canada imported 170,000 kilograms of shark fins, which is a 60% increase over 2012 levels.

Shark finning is the horrific practice of cutting the fins from living sharks and discarding the remainder of the shark at sea. The sharks then drown, starve to death or are eaten alive by other fish. It is a brutal fishing practice.

As top predators, sharks play a key role in maintaining ocean health. Dr. Dirk Steinke, adjunct professor, Centre for Biodiversity Genomics, University of Guelph, testified to this at the Senate fisheries committee in December 2017. He said:

sharks are not only the most vulnerable but, also, probably the most important when you speak of an entire ocean as an ecosystem. They maintain all the species below them in the food chain or in the food network. For us, as scientists, they serve as a very important indicator of ocean health because we can immediately see that if they are not doing well, then something along the food network is also not doing well and we can probe further into that.

Unfortunately, due to shark finning, shark populations are plummeting around the world. The International Union for Conservation of Nature reports that a quarter of all shark species are threatened with extinction as a result of shark finning. Some shark populations have dropped by a stunning 99% over the past 50 years.

The best way to curb illegal finning is to stop the international trade in shark fins, which has been linked to organized crime, as Rob Stewart's films, Sharkwater, and the sequel, Sharkwater Extinction, clearly demonstrate.

In 2013, I tabled Bill C-380, but it was defeated by five votes. Many MPs who are now in the governing party supported that bill, and I hope they will support Bill S-238.

I was honoured to work with my friend, Canadian filmmaker and conservationist, Rob Stewart, whose 2006 award-winning documentary film Sharkwater shed light on the horrific practice of shark finning. Rob tragically died last year filming the sequel, Sharkwater Extinction. However, Rob's parents, Sandy and Brian Stewart, have continued his work educating the public on the need to protect sharks and on the essential role sharks play in our ecosystem. I encourage all MPs and the public to see this award-winning film.

Shark finning is decimating one of the most critical specifies on the planet to satisfy the demand for shark fin soup, yet the fins have virtually no flavour and add zero nutritional value. Canada can become a world leader in shark conservation and ocean stewardship by adopting this legislation. With a federal election expected October 21, it is imperative that Bill S-238 gets through debate, is reviewed by the fisheries and oceans standing committee and receives third reading and royal assent, all before the election is called. Sharks and the marine ecosystems that depend on them cannot wait for another election.

Canadians are watching, and they are waiting for Parliament to act. A petition at Change.org calling on Parliament to support Bill S-238 has received over a quarter-million signatures. I implore all MPs to pass this bill and put an end to the destructive practice.

Finally, I would like to acknowledge several people and organizations that have done tremendous work on this. I mentioned Senator Mike MacDonald and Brian and Sandy Stewart. Oceana Canada, Humane Society International/Canada, International Fund for Animal Welfare and numerous municipalities, conservation groups and concerned citizens right across the country are also working to pass resolutions to support Bill S-238. I thank them for all their hard work.

I would like to encourage all MPs to move this through the House as quickly as possible.

Financial Statement of Minister of Finance

[The Deputy Speaker, Bruce Stanton]

The hon. member for Carleton will have the opportunity to continue his remarks when the House next gets back to debate on the question.

It being 6:30 p.m., pursuant to Standing Order 30(7), the House will now proceed to the consideration of Bill S-238 under Private Members' Business.

[David Graham, Liberal, Laurentides—Labelle, QC]

If there is no objection, I move that we now decide that Bill S-238 can be votable.

[The Chair, Ms. Linda Lapointe (Rivière-des-Mille-Îles, Lib.)]

Good afternoon, and welcome to the 20th meeting of the Subcommittee on Private Members' Business of the Standing Committee on Procedure and House Affairs. On our agenda is the determination of non-votable items, pursuant to Standing Order 91.1(1). Today, we are dealing with Bill S-238.

Do any members want to comment? If not, does our analyst have anything to say?

Go ahead, Mr. de Burgh Graham.

Ban on Shark Fin Importation and Exportation Act

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

moved for leave to introduce 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 (importation and exportation of shark fins).

Mr. Speaker, I am honoured to sponsor Bill S-238, which proposes to ban the importation and exportation of shark fins. This legislation was passed in the Senate late last year and now must be reviewed in the House of Commons.

This legislation, introduced by Senator Michael McDonald, would prohibit the importation and exportation of shark fins.

With a federal election expected on October 21, it is imperative that all members work together to ensure that Bill S-238 receives royal assent before the fall election.

Over 70 million sharks are killed each year for their fins. Since 2011, five private members' bills have been introduced that would have banned the trade in shark fins. In that time, over half a billion sharks have been butchered and killed for their fins.

We cannot wait for another election. We must pass this legislation and end the destructive practice of shark finning.

(Motion agreed to and bill read the first time)

[Nathaniel Erskine-Smith]

My last question picks up on this idea of a bigger conversation and Bill C-84 as a first step. I want to actually note that this is a non-partisan issue, because I've had conversations with Michelle Rempel, with Len Webber, with Murray Rankin, members of all parties who care about ending animal cruelty. They want to have conversations around a table to say, “Let's make this a non-partisan issue. Let's bring stakeholders from all sides in and let's hammer out some consensus to move forward in a more significant way.”

You can maybe get a glimpse of what that could look like around this table, where we're focused on these two specific concrete provisions. But we're not able to talk about how we can better protect animals beyond the confines of these two specific provisions, as far as it goes, and so we get a piecemeal approach. We get Bill S-214 on cosmetic testing. We get Bill S-238 on shark finning. We get Bill S-203 on cetaceans in captivity. We get Bill C-84, which focuses on two specific provisions in the Criminal Code.

I guess the fundamental question I have is in terms of thinking of a way forward. Do you think it would be useful to strike a special all-party parliamentary committee to look at animal protections more broadly, to make recommendations to the government so we can see a piece of government legislation that implements much broader reform, where consensus has been forged across party lines and across a broader set of stakeholders?

I'll go around the table as well. Ms. Labchuk.

Message from the Senate

[The Speaker, Geoff Regan]

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bills: Bill S-203, an act to amend the Criminal Code and other acts (ending the captivity of whales and dolphins); 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 (importation and exportation of shark fins); and Bill S-240, an act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs).

It being 6:30 p.m., the House will now proceed to the consideration of private members' business, as listed on today's Order Paper.