Thank you.
My name is Kim Elmslie and I'm the anti-cruelty campaigner for IFAW. We're here today because almost every day there are horrific acts of cruelty to animals. Within the first two weeks of January, there were three high-profile cases, including a house cat that was killed in a microwave by four teenagers, five puppies that were thrown down a public outhouse to die, and a man who killed a puppy with a hammer.
These stories outrage and anger Canadians and renew calls for modern and effective legislation. IFAW recently completed a report entitled “Falling Behind - An International Comparison of Canada's Cruelty Legislation”. IFAW compared Canada's animal cruelty legislation with that of 13 other countries around the world, including Austria, Croatia, Great Britain, Germany, Malaysia, New Zealand, Norway, the Philippines, Poland, Portugal, South Africa, Switzerland, and Ukraine.
The report revealed some startling facts. Canada is the only country that makes it virtually impossible to prosecute cases of neglect. Canada ranks at the bottom of all comparisons. Canada is alone in offering virtually no protection for wild and stray animals. Canada's legislation does not include a clear definition of “animal”, whereas other countries are explicit. Canada is the only country that does not provide protection for animals being trained to fight each other.
Effectively updating the Criminal Code of Canada will provide the courts and police with the clear means to prosecute and convict, and potentially reduce the instance of unacceptable animal cruelty. It will also allow politicians to respond to the overwhelming majority of Canadians, representing all political parties, who are outraged by heinous acts of animal cruelty.
Finally, modern and effective legislation to protect all animals will bring Canada up to standard on the global stage.
You have before you a copy of our report. I'm going to go into a couple of brief examples. The cruelty provisions within the Criminal Code of Canada have not been updated since 1892. There's wording within the code that is outdated and counter-productive to its purpose. This is obvious in the use of the term “wilful neglect”. This phrasing requires the courts to prove that neglect was intentional. Not one of the other 13 countries studied in our international report requires the courts to prove that neglect is intentional. Rather, the trend in other countries is to ensure that a minimum duty of care is met for those who care for animals.
For example, in New Zealand, the Animal Welfare Act states that those who keep or are in charge of an animal must take all reasonable steps to ensure that the physical health and behavioural needs of an animal are met with both good practice and scientific knowledge. This means that it does not matter whether the individual intended to contravene the act or intended neglect. The actions or inactions of offenders are sufficient to charge them with neglect. The Norwegian Animal Welfare Act states that neglect suffered by an animal does not need to be done wilfully by the owner; the actions themselves are sufficient for an offence to have been committed.
In Canada it is a crime to be present at an animal fight; however, due to outdated loopholes in the legislation, it is still legal to breed, train, or profit from fighting animals.
Of the 14 countries we surveyed, Great Britain's Animal Welfare Act 2006 provides one of the most progressive stances towards animal cruelty. It discourages both animal fighting and the training of animals to be aggressive. Section 8 of the act makes it an offence for a person to cause an animal fight, to take money for admission to such fights, to publicize or promote animal fights, to inform another person of an animal fight, to be in possession of something used for an animal fight, to keep and train animals for fighting, to keep premises for animal fighting, or to be present at an animal fight.
The act also makes it an offence to supply, without lawful excuse, a video of an animal fight; to knowingly publish a video of an animal fight; to knowingly show a video of an animal fight; or to possess a video of an animal fight.
Criminalizing the training of animals to fight each other is also present in legislation in Austria, Croatia, Germany, New Zealand, and Ukraine, among others.
Globally, there is an increasing trend in the political prioritization of animal welfare. Over the last few decades, countries from all over the world have created legislation that moves animals out of the realm of property, as they're designated in Canada--a designation that is maintained in Bill S-203--and recognizes them as beings that require minimum standards of protection. The concept of animal welfare addresses the obligation we have to ensure good stewardship for the animals we make use of.
IFAW requests that the justice committee oppose Bill S-203. It is ineffective in protecting animals from wanton acts of cruelty and doesn't provide law enforcement officials with the tools they require to successfully charge individuals. Bill S-203 is out of touch with global laws created to protect animals from cruelty and disregards the wishes of a vast majority of Canadians.
Thank you again for letting us present today.