Mr. Speaker, I am happy to rise today to speak to Bill C-15, which, for many reasons, has not received unanimous support. This is an omnibus bill that deals with subjects having to do with criminal law, but which seem to have nothing to do with each other.
For this reason, on behalf of the Bloc Quebecois, I would like to express my support for the motions and proposals presented earlier by our colleagues, to the effect that this bill should have been split.
As far as I am concerned, I would like to speak to the part that will group together current provisions of the criminal code regarding cruelty to animals. This is an extremely important part, which will affect a market and people involved in certain sports, people who are quite concerned about this bill.
The fact that the minister is finally proposing amendments to the criminal code, particularly when it comes to cruelty to animals, is a good thing. It is time, and I believe that people are in favour of such measures. However, this section of the bill in unfair. In our opinion, the minister must give all groups or organizations affected the opportunity to respond.
The part of the bill that addresses cruelty to animals is significant, since a number of studies have clearly demonstrated a marked correlation between cruelty to animals, family violence and violence toward human beings in general. According to some studies, 70% of individuals found guilty of criminal offences had been violent toward animals as children. In all cases, what is involved is an abuse of power over defenceless individuals or animals. Our society cannot condone any abuse of power whatsoever against anyone or anything.
In my opinion, the first step must be to legislate the protection of pet and farm animals. It is estimated that more than 55% of the population owns a domestic animal. More and more, domestic, or pet, animals have come to occupy an important place within Canadian and Quebec homes in recent years. Increasingly, people are adopting animals that become full-fledged members of the family and a source of affection. Seniors are no exception, and increasingly use pets to meet their emotional needs.
This increase in pet ownership, and the fact that they become “people” like any other family member, has generated a huge underground industry worth billions of dollars. Some have made inordinate profits from it. We need only think of the puppy and kitten mills, the dog pounds and attack dog training schools that have generated so many court cases. Lacking any functional legislative and regulatory framework, magistrates end up issuing reprimands with no consequences, and neither the underground industries nor the animal abusers take any heed.
That is why we are in favour of increasing the penalties for individuals or businesses found guilty of animal cruelty. This would be a maximum five-year sentence and a heavier fine.
We would go further still; we would delete the word “maximum” in the phrase “maximum penalty of five years”. If we assume that abusing animals is a form of violence, then there is too much at stake. An individual charged with cruelty to animals should be liable to at least five years in jail. Those found guilty of cruelty to animals cannot be given a chance.
I also wish to draw members' attention to the puppy and kitten mills I mentioned earlier, a form of battery husbandry. These are run by undesirable breeders raising poor-quality animals, often the result of inbreeding, with disastrous consequences, and with no respect for the animal's reproductive cycle or health.
This problem has been repeatedly covered in the newspapers and on television. These animals are in distress, beaten, and underweight, because they receive little or no food. Simply put, they are living in extremely unhealthy conditions.
They are kept in cages that do not allow them to lie down; there are dogs and cats whose paws are deformed because the place in which they are growing is inappropriate. Some animals are chained up outside in extreme temperatures. Some are so sick that, when the Humane Society comes to their rescue, it must put them down because they can no longer be saved.
This is unacceptable and it is the reason we are in favour of a tougher piece of legislation, one with more teeth, to address this problem.
There are also some people for whom the legislation causes problems. This sizable segment of the Canadian population includes producers of animals destined for consumption, as well as hunters, fishers and trappers.
Right now, producers of animals destined for consumption are protected under part XI of the previous legislation, which exempts them from prosecution since their occupation is supplying animals for consumption. But part XI was moved in the new legislation and it has been dropped entirely from Bill C-15. They therefore no longer have the immunity they had under the previous legislation. This is an important legal protection which they need and now enjoy, but which they can no longer invoke under Bill C-15; they are no longer exempt.
I think that clause 182.2(1) of the bill has to be reworked and added to. At the moment it reads as follows:
182.2(1) Every one commits an offence who, wilfully or recklessly
At this point we could add: “and without justification or an excuse in law or appearance of right”.
These people have a vested interest. They provide food for people. They must not be dragged before the law under Bill C-15 for some hair-brained reason, such as killing animals. We must give these people protection and protect legitimate agricultural activities.
Another category of individuals is also oppressed by this bill. Mr. Speaker, I do not know whether you go hunting or fishing in your rare free moments, but I must say I enjoy these sports a lot. Under Bill C-15, people will be liable to fines and even imprisonment for having wounded or mutilated an animal, be it a night crawler, a worm, a fish, a partridge, a deer or a moose because there are terms and expressions in the bill that are not clear.
Now, the definition of the word animal includes all invertebrates and all vertebrates, be it a partridge, a wild animal or a chicken. They are all in the same boat.
For example, if I wound a partridge while I am hunting and my neighbour finds it, he can take me to court, accusing me of wounding a partridge. At that point, under Bill C-15, I would have to appear in court and would be liable to a fine, even imprisonment. This part of Bill C-15 has to be amended.
There are also some extremely important clauses that provide for the protection of those who hunt with dogs. It is a really agreeable sport enjoyed right across Canada. Over 400,000 hunters hunt with dogs in Canada. These people cannot all be considered as criminals. They have to be protected.
These hunters' dogs are not considered abused. First, a hunting dog is a gentle animal. This type of dog could not be trained to hunt if it were abused. Owners of hunting dogs automatically provide excellent living conditions for their dogs, so that the dogs can be receptive to them and able to do the work asked of them.
Furthermore, hunting dogs help with the protection of wildlife, for the simple reason that if you go hunting, as you have said you do, Mr. Speaker, and you kill a partridge, you will have a hard time finding it in the underbrush, if it is at all dense. However, a hunting dog will be able to find it. The partridge might not be dead. It might be injured, and die later. If I were to leave that partridge in the forest, then I would be showing disrespect for wildlife. In such a case, my hunting dog will retrieve it.
It is important to consider that with Bill C-15, if we do not take this into account, there will be people who will have to give up their sport, and give up protecting certain animals.