Mr. Speaker, I will stick pretty close to my text so it will not be as entertaining as some of my speeches. We are speaking to Bill C-17. It is an omnibus bill, basically a bill encompassing many acts in the one bill. That is obviously problematic for many members because if we disagree with one aspect of the bill we are labelled as disagreeing with all of it. That is not our position as a party and I will be able to lay that out in some of my remarks.
Bill C-17 is an act to amend the criminal code, cruelty to animals, disarming a peace officer, other amendments, and some technical amendments to the Firearms Act. It is very far ranging and there is no linkage between any aspects of the bill.
In the justice department review of 1998 a consultation paper entitled Crimes Against Animals was distributed to allow groups and individuals to suggest modifications that would be required to deal effectively with cruelty to animals.
The reasoning was that animal abuse is now recognized as a common symptom of a deeper mental illness. Mounting scientific evidence links animal abuse, domestic violence and violence against people. The public has been calling for more effective federal legislation to deal with cases of cruelty to animals.
There are numerous examples of cruelty to animals. Several high profile cases, some of which have been mentioned already in the House and in the newspapers, happened this year. A year old rottweiler dog was dragged on a chain behind a pickup truck until its paws were torn off and bloodied. Also in May there was a case of a little pet pomeranian which was locked in a room. This small dog was kicked, punched, thrown against a wall and placed on a gas barbeque possibly while it was still alive.
Those are the types of horrific crimes we are hearing about more frequently. The perpetrators were young offenders, identities protected unfortunately. Currently in such cases an offender would receive only six months in jail or a $2,000 fine and a two year ban on having animals. Who would know what young offenders would get? Maybe a slap on the wrist.
We still hear many cases of animal fighting, competitions for gambling purposes and greyhound dogs that are bred for racing but killed once they become too old. Questions are being asked. Is there any protection for those animals?
The justice minister has explicitly linked animal abuse to rape or child abuse citing U.S. studies which point out that those who torture animals were more likely to do the same to humans. The case we have often heard is that of Jeffrey Dahmer who brutally dismembered and even practised cannibalism on his many victims. He abused animals as a young boy.
For these people increased sentences and fines are a good idea. We have to send a message. Depending on the charge, the sentence could be anywhere from two years to a maximum of five years imprisonment when the crown proceeded by indictment, or six to eighteen months imprisonment and a fine of not more than $2,000 when the crown proceeded by way of summary conviction.
Presently the court could order prohibiting the accused from owning an animal or having custody or control of an animal. In Bill C-17 the court could also prohibit the accused from residing in the same premises as an animal. The maximum length of prohibition would also be changed from a maximum of two years to any period the court felt appropriate. In the case of second and subsequent offences it would be a minimum of five years.
In a further change the accused would pay reasonable costs incurred to take care of the animal. Payment could be made to any individual or organization that cared for the animal. It would include such costs as veterinarian bills and other shelter costs if they were obtainable.
There are other positive steps in the bill. We need to study the bill very closely at committee stage. We will be doing that through our justice critic to be sure that we do not criminalize, and this is important to remember, farmers, hunters, trappers and fishermen engaging in their way of life. Presently the bill is too loosely worded and our party cannot support that aspect of it. We have to tighten up the wording in that respect.
Under the proposed legislation farmers feel they could be prosecuted for common practices such as branding or dehorning cattle, an accepted practice in the beef industry. This is very problematic. Some anglers are convinced that fishermen could be charged for simply hooking a fish under the proposed federal legislation. This problem has to be addressed and hopefully will be addressed at committee stage.
The Canadian Jewish Congress has expressed worry that Bill C-17 might interfere with ritual Jewish slaughter methods. Biomedical researchers are worried that their work may lead to criminal prosecution as well. Some of these groups have requested that the language in the legislation be clarified. They are concerned with possible interpretation of phrases such as unnecessary pain, suffering or injury and brutally or viciously killing an animal.
They want protection for practices such as identification, medical treatment, spaying or neutering; provision of food or other animal products; hunting, trapping, fishing and other sporting activities conducted in accordance with the lawful rules relating to them; pest, predator or disease control as we would not want to throw someone in jail for shooting a rat; protection of persons or property; scientific research unless the risk of injury or serious physical pain is disproportionate to the benefit expected from the research; and disciplining or training of an animal.
Our party position is clear that legislation is needed to punish those who intentionally abuse and neglect animals. Let us be sure of that. However, in targeting those who intentionally cause animal suffering, the legislation also leaves at risk those who practise traditional occupations such as farming, hunting, fishing and trapping. Those of us representing rural areas of the country can certainly relate to that.
We support other aspects of the bill. We recognize that the legislative section to protect against cruelty to animals is noble in its intention. This oversight makes Bill C-17 ineffective and dangerous to law-abiding citizens. Therefore the bill, if it remains in its current form, will not be supported by our party. We want some tightening of the wording.
The government has been scrambling to assure hunters and farmers that the bill is not intended to target them and that they need not worry about being jailed for their standard practices. However the current wording of the bill is too loose and criminal prosecution of members of virtually all animal related professions is a very real legal possibility under the provisions of the bill.
The existing legislation forbids the wilful causing of unnecessary pain, suffering or injury to an animal. The proposed bill would remove the word wilful. This change would make prosecution easier, putting livestock farmers at risk for carrying out their normal business.
In addition the criminal code currently prohibits unnecessary pain, suffering or injury of animals. With one of the new animal care provisions, however, conviction is called for when there is any pain, suffering or injury. The proposed change reveals unreasonable expectations. It is impossible for farmers, or animal producers more generally speaking, to protect their animals from any pain or injury. Additionally it is unacceptable to place farmers, hunters or trappers at risk of prosecution if any pain or injury occurs.
I believe legislation is needed to prevent needless animal pain and suffering. The graphic illustrations of animal cruelty I mentioned earlier should not be tolerated. The law should explicitly protect animals from this senseless violence. The traditional practices of hunting, fishing, farming, et cetera, do not fit into the category of meanspirited violence. It is imperative that animal cruelty legislation be clearly designed to target only those who would engage in brutal actions against animals.
The justice minister has been contemplating an amendment that would exempt farmers, hunters and animal researchers from the bill. A change is certainly needed to provide legal security to lawful practitioners of animal related professions.
When one considers a genuine need for clear progressive legislation in this area, the carelessness of the Liberal government is dismaying. It is disheartening. It is obvious that little consideration was given to the effect the bill would have on many honest hardworking people who depend on farming and similar occupations for their livelihood. It is reminiscent of many pieces of legislation the government has put through. Not much foresight, work or consultation with the community has gone into it.
It is also discouraging that the government's lack of foresight could cause this bill which deals with many other issues to be opposed due to loose wording in the part dealing with cruelty to animals, hence our opposition to these omnibus bills. They are very problematic.
Instead of contemplating its actions fully from the start the government chose to proceed with a sloppy piece of legislation. Now as it is exceedingly clear that the original plan was inadequate, the government wants to retrace its steps. Had it been more conscientious at the beginning, this repetition would have been avoided. Time and money have been squandered as a result of the failure of the government to consider the needs and wants of Canadians on this issue.
Having grown up on a farm in New Brunswick has given me a great respect for animals but also a respect for farmers, hunters and trappers. For that reason I am anxious to see the bill go to committee where our justice critic will have a chance to force the government to redraft the cruelty to animals part to ensure that it will be an effective deterrent to those who would be unnecessarily cruel to an animal.
In its current form the loose wording of the bill could make unwitting criminals out of hunters, fishermen and farmers. We will not support this part of the bill because of this loose wording.
Disarming a police officer is another part of the bill of which we are very supportive. The offence of disarming or attempting to disarm a police officer is a proposal initiated by suggestions by the Canadian Police Association at its annual general meeting a year ago. We need to send a strong message to the public. Serious danger to police officers will not be tolerated when they are deprived of their weapons as they carry out investigations to make arrests.
The new section would define “weapon” for the purposes of subsection (1) as any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate a person, including firearms, pepper spray, et cetera. For a hybrid offence, there is a maximum penalty of five years imprisonment when the crown proceeds by indictment or a minimum of 18 months imprisonment when the crown proceeds by summary conviction.
The president of the Canadian Police Association, the organization that initiated the process leading to the proposed offence of disarming a police officer, has stated that the members of the association “welcome the introduction of this new law and encourage its speedy passage by parliament”. We are very supportive of that.
The government could do more for police, including providing funding and the resources they need to do their job. However, this is a step in the right direction at very little cost to the government to help protect the police so they can protect us, the public.
There are other amendments to the criminal code. The definition of “child” in the criminal code section dealing with offences against the person and reputation is repealed. The current definition defines child as including an adopted child and an illegitimate child. The amendment would remove the negative and unnecessary reference to “illegitimate child” in the criminal code. We support that.
Sexual exploitation of a person with a disability is added to the list of other criminal code sexual offences for which there are special evidentiary rules. A person with a disability who was the victim of sexual exploitation would receive the same evidentiary protection as afforded to other victims who testify at a trial.
There are technical amendments to the Firearms Act. I think the government is backpedalling on this. Our position is very clear. The government botched the firearms legislation from the very beginning in basically attempting to make criminals out of law-abiding Canadians.
Our party would certainly repeal Bill C-68, the unnecessary licensing and registration of firearms which again relates to those very sectors we talked about earlier. Our position on that is very clear.
Again it is a case of the government bringing in very sloppy legislation, not knowing what it was doing. Instead of addressing the criminal element, which it could by putting resources into the RCMP and other police forces to help them do their jobs well and effectively, it has targeted the innocent law-abiding Canadian. Therefore we are opposed to that legislation. We were opposed to it in 1997. We still have huge reservations on the firearms legislation and we would repeal that. We would kill it or change it and revert to what we used to have. I think our position on that is pretty clear. We would repeal that legislation.
Some of the amendments to the Firearms Act are being called technical amendments. These amendments are being brought in because the government is attempting to backpedal on that very onerous piece of legislation which was called Bill C-68 in the last parliament.
Our position is clear on Bill C-17. Our justice critic has led the charge for our party on this very issue. Our party looks forward to making interventions at the committee stage. We hope that the government will listen and bring in changes that will allow the legislation to be fixed up so we will not be putting an unnecessary burden on our hunters, fishermen and farmers.