Mr. Speaker, I would like to make a few comments this afternoon on this debate. It was suggested a little earlier this afternoon, by I believe it was the member for Provencher, that we were watering down the amendment proposed by the member for Oshawa. I would suggest that is simply not the case. What we are in fact doing is simply clarifying it and making it such that it will stand the scrutiny of time and of the courts.
With respect to Motion No. 6, the new offence created by the motion introduced by our colleague the member for Oshawa, as presently worded, would extend application of the offence provisions to law enforcement animals whether or not they are actively engaged in law enforcement at the time the offence is committed.
This runs directly counter to the policy of the animal cruelty provisions as a whole. It retains the notion that particular animals should be treated differently from other animals. It is also unclear from the amendment whether these provisions would override the general cruelty to animal provisions elsewhere in Part V.I when offences are committed in respect of law enforcement animals. In some cases, there may be an overlap between elements of an offence under the amendments versus an offence listed in either subsection 182.2 or subsection 182.3 of Bill C-15B.
The offence provision, as redrafted, makes it clear that the law enforcement animals are being protected because of the risk that they face on a daily basis in the course of assisting peace officers and public officers. The offence applies when they are aiding or assisting a peace officer or a public officer engaged in the execution of their duties or a person aiding the officer. The offence in the amendment would criminalize the actions of anyone who wilfully or recklessly poisons, injures or kills a law enforcement animal while it is aiding or assisting a police officer or public officer in his or her work.
For accuracy, clarity and certainty in the law two references had to be changed: peace officer or public officer is well-known in criminal law and was substituted for the term law enforcement personnel. The notion of assault could not be retained because the assault provisions of the criminal code relate only to human beings.
The amendment does not include an offence of poisoning a law enforcement animal while it is kenneled, penned, transported or otherwise held because these are activities that are already covered in the general cruelty to animal provisions. Animals in these circumstances are not actively engaged in assisting a police officer or public officer and therefore a provision creating a specific offence for law enforcement animals in these situations would tend to undermine the policy of the cruelty provisions as a whole, that specific animals should not be given preferential treatment over other animals per se.
The amendment would also modify the restitution provision to make it comply with the requirements of criminal law. The courts have said that a restitution order in a criminal context must be logically related to the objectives of sentencing. The courts have held that a restitution is part of the overall punishment and must consider the total impact of the punishment, as well as the impact of the restitution order on the rehabilitation of the offender.
The Supreme Court of Canada has said that restitution orders should not be made where there is any serious contest on legal or factual issues about damages. That is why there is a requirement in the general restitution provisions in section 738 of the criminal code that the damages must be readily ascertainable.
Symmetry, clarity and certainty in the law is achieved if the restitution order in the context of law enforcement animals is similar to the restitution provisions in Part XXIII of the criminal code regarding sentencing.
Just before I leave this part, again I would like to compliment the member for Oshawa for bringing forth his amendment and bringing it to our attention and to the attention of the committee. It certainly has been an area of concern for him and for many of our police officers who have these animals that assist in law enforcement.
I would also like to make one further comment. I believe it was again the member for Provencher who suggested that the so-called screening amendment was being advanced in a sort of underhanded or less than straightforward way. I would simply point out the fact that this amendment was advanced in Bill C-15A, was considered by the justice committee and this House, was voted on I believe by the government as well as by the official opposition and passed.
It has gone through. We looked at it for roughly six months. It has been considered by the committee. We heard witnesses on it, and it certainly cannot be said that we are doing anything in a perhaps less than straightforward manner. It has been dealt with under Bill-15A and that party voted for Bill-15A.