Mr. Speaker, it is a pleasure to rise today to address Bill C-15B. The title of the bill is an act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act.
This bill was introduced at first reading on March 14, 2001, and at second reading on May 3 and 7, but it was not reviewed in committee before the summer recess of the 37th parliament.
The bill was split in two. It was the government's response to hundreds of letters and thousands of signatures from people asking for a more effective act regarding treatment, protection and penalties relating to animal cruelty.
Since most of the provisions of the criminal code on these issues dated back to the late 19th century, a growing number of associations and groups called for the legislation to be modernized, for the scope of the various offences to be considerably broadened, and for harsher penalties to be imposed for animal cruelty offences.
Because there is considerable support for a reform of the part of the criminal code dealing with animal cruelty, Bill C-15B gives rise to strong reactions and conflicting interests.
Initially, the Bloc Quebecois supported several elements of the bill, including the creation of a new part in the criminal code, which would see the transfer of provisions dealing with animals from part XI of the code, entitled “Wilful and Forbidden Acts in Respect of Certain Property”, to a new part 5.1, entitled “CrueIty to Animals”. However, the Bloc Quebecois can no longer support the bill, because it does not protect, among others, the legitimate activities of breeders, farmers, researchers, hunters and so on.
The purpose of this bill is to have more adequate means to deal with offenders who commit cruel and reprehensible acts against animals. The purpose of this reform is to protect animals.
However, while the Minister of Justice claims that the bill does not deprive the animal industry from its revenues, it would have been important to specify this in the legislation, so as to reassure the animal, farming, medical and sports industry regarding any risk of frivolous action.
This was not done. The minister simply amended the bill by adding the defences in paragraph 8(3) of the criminal code. The minister and the Standing Committee on Justice and Human Rights rejected the Bloc Quebecois' amendments, which would have explicitly added as a defence acting with legal justification or excuse and with colour of right.
The Bloc Quebecois was in favour of the bill in principle if it could have been amended to reflect the means of defence earlier allowed in part XI of the criminal code. That is why the Bloc Quebecois asked that the means of defence in article 429 of the criminal code be added explicitly to new part 5.1 of the criminal code.
According to my colleague, who defended this position in committee, these amendments were not accepted by the government members. In all committees, all we hear from these members is no, no, no.
The Bloc Quebecois is also opposed to the bill because it seeks to take away a number of powers and responsibilities which now fall under the jurisdiction of the Government of Quebec and give them to the chief firearms officer.
Since the gun registration scheme was first introduced, the Government of Quebec has set up agencies responsible for issuing permits—the Bureau de traitement and the Centre d'appel du Québec. Briefly, the Bloc Quebecois is opposed to the bill because it does not explicitly protect the legitimate activities of the animal industry, hunters and those doing research, and it takes away the Government of Quebec's authority to enforce the Firearms Act.
Bill C-15B contains the present provisions of the criminal code concerning cruelty to animals and adds a number of new provisions. Since animals are now considered goods and not human beings, the offences and recourses possible are essentially minor.
Enforcement of the legislation as it now stands results only in damages for loss of goods. In addition, because sentences are lenient, they encourage repeat offences. Animal rights groups have repeatedly called for better protection with respect to cruelty to animals. Respect for human beings begins with respect for animals.
The Bloc Quebecois is in favour of increased protection for animals, but only provided there is protection for legitimate activities involving animals, animal husbandry, sport hunting and fishing, and research. Such is not the case, even after the amendments proposed by the Bloc Quebecois, for all of them were rejected. The purpose of those amendments was to improve this aspect of the bill.
The initial premise has to be that all those involved directly or indirectly in the livestock industry judge this bill unacceptable in its present form. For the great majority of them, these new provisions are likely to increase the possibility of criminal charges against those who work in the industry or who engage in recreational activities such as hunting and fishing.
The demands by the chicken protection coalition clearly illustrate the concerns raised by Bill C-15B. The board of the Quebec federation of poultry producers called unanimously upon the federal government to amend Bill C-15B so that livestock producers would retain the legal protection they enjoy at the present time and be able to continue to exercise their legitimate profession without any risk of complaints or charges. All of the amendments proposed by the Bloc Quebecois relating to this were turned down by the committee.
I would also like to mention that the Ontario Federation of Agriculture is asking that the current wording of the provisions of Bill C-15B regarding cruelty to animals not be kept as is, but that it be amended to provide the agri-food sector with the legal protection that its members currently enjoy under the criminal code. It is a protection they deserve.
In conclusion, producers are asking for the protection of their livelihood and for the assurance that they will not be prosecuted for activities related to their work. The definition of animal could be a source of problems.
I would like to conclude by saying that the amendments moved by the Bloc Quebecois would have clarified certain provisions of the bill and would have made a clear distinction between hunters and people who voluntarily hurt animals just for the sake of seeing them suffer.
Unfortunately, the federal government has shown again its unwillingness to listen and its conviction that it knows it all. Had it been open to our excellent amendments, we could have supported this bill. However, such was not the case, and we will vote against the bill, because it needed to be improved.
It is obvious, with Bill C-27, Bill C-36, the one regarding marine conservation areas and all the bills that come before the House, that the government does not want to listen. It sees the opposition as totally useless.