Madam Speaker, for example, in respect of cruelty offences which either prohibit conduct outright or which prohibit causing unnecessary pain, suffering or injury, the defence of duress might apply in an exceptional circumstance.
Colour of right, mentioned in subsection 429(2) of the criminal code, has two alternative meanings. In the context of property offences, colour of right is used to justify actions on the basis that the accused had possessory or proprietary rights to the property. Colour of right is referred to in subsection 429(2) because that part of the code deals with property offences.
Case law has also confirmed that the term colour of right is used to denote an honest belief in a state of facts which, if it actually existed, would at law justify or excuse the act done.
The courts have said that when used in this sense colour of right is merely a particular application of the doctrine of mistake of fact. Mistake of fact is a common law defence and all common law defences are preserved by subsection 8(3) of the criminal code.
There is case law that expressly states that even if subsection 429(2) of the criminal code did not apply a defence based on raising a reasonable doubt as to whether the accused had colour of right would be available to an accused at common law.
To make its intent absolutely clear in the application of common law offences to cruelty offences the committee amended Bill C-15B to expressly refer subsection 8(3) of the criminal code. This means that all defences that could possibly be relevant in intentional cruelty and criminal neglect cases are expressly made applicable.
I would like to address one further concern that has been expressed by members of the House. Some members have suggested that the provisions of Bill C-15B would invite animal rights activists to use the criminal courts to challenge industry and research practices or to bring frivolous or vexatious prosecution. Even though there is no evidence that frivolous or vexatious prosecutions have been a problem over the past 50 years I draw the attention of members of the House to the provisions of an omnibus bill which was recently considered and passed by the House and is now returning to the House from the Senate.
Bill C-15A would provide important protections for persons who may be the subject of an information laid by a private individual. Because all of the animal cruelty offences in Bill C-15B are hybrid offences, with the exception of a breach of prohibition or restitution order, they would be subject to procedures for indictable offences.
Bill C-15A would provide that where an information is laid by an individual who is not a public or peace officer the justice who receives the information must refer it to a provincial court judge or a designated justice. In Quebec the relevant judge is a judge of the court of Quebec.
The judge or designated justice who receives the information must hold a hearing at which the attorney general has the right to attend, cross-examine and call witnesses and to present relevant evidence. It is only after this hearing has been held and only if the judge or designated justice considers that the case for issuing a summons or warrant has been made out that the accused would even be brought to court. This procedure would apply to all indictable offences and would offer an effective means by which allegations of animal cruelty made by persons other than public or peace officers could be assessed before a potential accused is put in jeopardy.
I would like to emphasize that there is a greater societal interest which is achieved by treating cruelty to animals more seriously. There is increasing scientific evidence that shows a correlation between animal cruelty and subsequent violence against humans. Our judges, health professionals and law enforcement officers are beginning to recognize and address animal abuse as an aspect of a bigger problem of violence in our society. I ask the House to do the same.
I would like to turn now to the proposed administrative improvement to the firearms program. Canada's firearms program is a practical and common sense approach to gun safety that works to keep firearms from those who should not have them while encouraging safe and responsible gun use by legitimate firearm owners. This is achieved with the licensing of firearm owners and firearm registration. Some of the program's opponents will tell us that targeting Uncle George's duck gun would do nothing to prevent crime. They are just plain wrong.
In 1998, 63% of all female domestic homicide victims were shot with ordinary rifles and shotguns. A further 21% were shot with sawed-off shotguns and rifles. In the home Uncle George's duck gun can have tragic consequences.
Canadians remain steadfast in their support for this public safety initiative. The government's approach to preventing firearm deaths, injuries and crimes is a clear reflection of Canadian values and principles. Poll after poll shows the overwhelming majority of Canadians support gun control and support the important public safety framework of the Firearms Act. In fact, an Environics poll taken late last year showed that the majority of the supporters of all political parties in the House supported the firearms program.
Our national investment in this program is already paying off in terms of public safety benefits and in compliance. Enhanced screening of firearms licence applicants and continuous eligibility screening of licence holders is already leading to safer homes and communities by keeping firearms from those who should not have them.
Since December 1, 1998, over 4,000 licences have been refused or revoked by public safety authorities. The number of revocations is 32 times higher than the total of the--