Mr. Speaker, I rise in the House today to state the position of the Bloc Quebecois. We believe that cruelty to animals should have been dealt with in legislation a long time ago.
Cruelty to animals is a serious problem that deserves the full attention of the House. We are talking here about people who wilfully commit horrible acts of violence against defenceless creatures.
There is something new and interesting in Bill C-15B in that it creates a new part V1 in the criminal code. This part is strictly dedicated to the protection of animals against cruelty. However, the bill also amends the Firearms Act to give more powers to the registrar of firearms, which results in decreased powers for the chief firearms officer, who falls under Quebec's jurisdiction.
With regard to cruelty to animals, we believe that changes to our criminal code to reflect reality are long overdue, particularly since the majority of provisions dealing with cruelty to animals date back to the end of the 19th century. Our attitude toward animals has greatly changed since then. Animals are no longer considered as property but as beings.
Since it was first introduced, Bill C-15B has been generating strong reactions, and it has also been facing diverging interests. At the very beginning, the Bloc Quebecois gave its agreement in principle to the bill, but we cannot support it in its present form, because it does not transfer the specific means of defence provided under section 429 of the criminal code, so as to explicitly protect animal breeders, hunters, the animal industry and researchers under the new part V1.
We think that the primary objective of this bill should be to impose penalties for cruelty to animals. However, because it is obviously flawed, this legislation is unacceptable.
If the government's goal is not to deny legitimate activities from the explicit protection afforded under section 429 of the criminal code, then I wonder why this protection is not included in the new part. The current wording is too uncertain for us to give our support. We proposed amendments specifically to incorporate the means of defence provided under section 429 of the criminal code to the new part proposed in the bill, but they were all rejected.
We support increased protection for animals, and we support creating a new part in the criminal code that would deal with animals. This would solve current problems relating to damages in cruelty cases, since animals are now considered to be “goods” under part XI. We also think that the penalties relating to voluntary acts of cruelty to animals should be increased.
I emphasize the fact that the Bloc Quebecois is in favour of increased protection for animals, but only if there is protection for legitimate activities involving animal husbandry, sport hunting and fishing, and research.
Stakeholders from the legitimate animal industry are worried and for good reason. The definition of “animal” in the bill is too broad and too vague. Moreover, the bill does not define the notion of killing an animal without any legitimate reason. The risks of legal proceedings exist and will have to be constantly monitored. Therefore, Bill C-15B could cause problems, including to animal breeders, to the sports hunting industry, to medical and scientific researchers, and to the whole animal industry.
The Bloc Quebecois tried to find a compromise for all the parties involved, but our amendments to that effect were all rejected in committee.
As regards the notion of pain, the Bloc Quebecois fears that the crown may not be able to prove which animals can feel pain other than by resorting to expert opinions, which would increase the costs involved in any proceedings. This also increases the risks that these proceedings may not be carried out fully due to a lack of means and resources. In fact, the crown may well have to meet twice the burden of proof in that it will be required to prove that the animal in question can feel pain, and that it did indeed feel pain.
We would like to clarify that we support increasing sentences, but during the testimony in committee we pointed out that the law enforcement and legal communities need the necessary resources to process complaints regarding cruelty to animals.
We believe that we need to raise awareness among police and legal authorities about this tragedy. We were stunned to learn that, according to police associations, there are no problems. In fact, their presentation on the bill dealt only with the provisions related to firearms.
Animal rights groups, in their presentations, told us that very few complaints lead to charges being laid, and that the number of charges resulting in penalties is virtually non-existent.
The fact that the means of defence is not included in the new part V1 could have the effect of depriving those who legitimately and legally kill animals or cause them pain from the protection currently afforded them under subsection 429(2) of the criminal code. It is therefore essential to reiterate these means of defence in the new part.
Section 429 of the criminal code stipulates that a legal justification or excuse and the colour of right are there to grant specific protection to whomever participates in a legitimate and legal activity.
Subsection 429(2) of the criminal code reads as follows:
- (2) No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.
The minister—the former minister, I should say—the Deputy Minister and the parliamentary secretary to the former minister of justice told us in committee that subsection 8(3) of the criminal code would apply, and this concerns us. This addition is not enough and is far from being complete. These same people told us that defences of legal justification or excuse, or colour of right are implicit in section 8. We have serious reservations about this.
I wish to remind the House that there is a principle of law which says that the legislator is not deemed to speak in vain. So why specify section 429 at a time when animals were goods, and not incorporate it in this bill? I find this omission very worrisome, and those representing breeders, the livestock industry, hunters and researchers are quite right to wonder about the legislator's real intentions.
Accordingly, if a general clause applies to the entire bill, we must obviously conclude that a specific clause applies only to a specific section of the bill.
Therefore, since the provisions of section 429 are not repeated in part V1 of the criminal code, it would be incorrect to believe that it also applied to another section of the criminal code. This is completely contrary to the principles of law and it is why it is essential that there be express provision for the means of defence identified so as to include them in the new part V1.
We can understand that the public is very attached to the moral principle of the protection and the well-being of animals, and many people are concerned about this issue and feel that animals should be better protected against criminal behaviour. The Bloc Quebecois agrees completely.
We therefore feel that it is essential that judges, crown attorneys and special officers of the Canadian Society for the Prevention of Cruelty to Animals should be given the authority to charge and fine those who commit acts of violence against animals.
Now, in another vein, we are also opposed to the provisions having to do with amendments to the Firearms Act. It is clear from the proposed amendments that the purpose of this bill is to take away a number of powers and responsibilities of the chief firearms officer, which now come under the jurisdiction of the government of Quebec.
The government of Quebec created the bodies responsible for issuing licences, the Bureau de traitement and the Centre d'appel du Québec. Now Bill C-15B is creating a new position, the firearms commissioner, which will have the effect of diminishing the powers currently under the responsibility of the chief firearms officer.
The proposed provisions are therefore taking powers delegated to Quebec and placing them back under federal government control. It seems that the primary objective of these new provisions is to privatize services relating to the registration and licensing of firearms, thus stripping Quebec of all its responsibilities.
In conclusion, we are opposed to Bill C-15B because it does not provide explicit and specific protection for the legitimate activities of animal husbandry, sport hunting or research, and because it takes away from Quebec the power to enforce the Firearms Act.