Madam Speaker, I am pleased to have an opportunity to correct some of the inaccuracies put forward by the parliamentary secretary who comes from a rural riding I might add. I was quite surprised actually at the adamant stance he has taken to protect his government's very interventionist legislation that will impact in a very negative way on many of the residents who are involved with the rearing and raising of animals.
In his legal definition he stated many of those legal maxims which I would describe as penetratingly obvious. He said that prosecutors would have the discretion to proceed with charges or not. Of course they would. He said that somehow colour of right excuses and defences do not have to be disproved by the crown. That is very obvious. The reality is that by taking animals out of the property section it removes the defence that is explicitly stated in the current provisions of the criminal code that stake out that lawful excuse of colour of right provided for those animal users and animal industry people, a specific defence that has been there and has been sacrosanct.
It is fair to characterize the government's position as once again driving a very firm wedge between rural and urban Canada. There is what I would describe as a cultural difference that exists when it comes to dealing with animals in many instances.
It is the view of the Progressive Conservative Party that absolutely we need legislation to protect animals. By all means we have to update and modernize provisions of the criminal code in that regard. However it is an absolute sham to suggest that somehow it is necessary to go so far as to deem animals as no longer property. That definition of property goes a great distance to actually protect animals because who has a greater interest than those animal owners and industry people who rely on animals for their very livelihood, for their very existence?
I am surprised by the support that exists from members like the member for Malpeque and others on the government side who come from rural ridings. They must have a great sense of discomfort when it comes to the whip telling them that they will have to vote in favour of this legislation. We have seen that scenario play out time and time again.
The cruelty issues are ones which are extremely emotional, ones which invoke a very strong response from most if not all Canadians. The examples given where animals have been dragged behind vehicles, or barbecued, or skinned alive are offensive to everyone. There has been a very effective PR effort made by some interest groups and some government members to paint anyone who opposes this legislation as being in favour somehow of cruelty to animals. That is absolutely untrue and absolutely inflammatory and inconsistent with statements that have been made.
The people at justice department who drafted this legislation were very clever in putting forward their case in suggesting that somehow this will have no impact and this will just currently bump along with the way these prosecutions have taken place. There is nothing that cannot be achieved. There is no intent, no ability on the part of the police and the prosecution and the system of those that want to embrace and enhance animal protection that cannot be achieved by simply leaving these provisions plus these amendments within the current property sections of the criminal code.
This unprecedented step to designate animals as somehow outside that property section opens up the proverbial can of worms that puts in danger hunters, farmers, scientists, individuals who very much rely on and work with animals in their day to day existence. I would suggest it is aimed specifically at farmers who engage in some practices such as branding or castration.
We have to be very honest. We cannot be pristine and somehow removed from the fact that animals are a source of food and therefore have to be slaughtered on occasion. There are religious acts that involve the sacrifice of animals. I would be quick to add that scientific research often does impinge upon the rights of an animal. However, let us be very pragmatic about this, it is done for the greater good.
I say this without a bit of sarcasm; we are at the top of the food chain. Scientists engage in activities to find new methods and new cures for human conditions. They engage in certain acts of genetic experimentation done to address some of the horrible illnesses that are out there. Some priority must be given to those very legitimate and lawful acts.
The proprietary aspects of animal use have been very important throughout the debate. We have heard from a number of industry people as well as those on the other side who in a very strident way have made their case. The important section which currently permits acts to be done with legal justification, legal excuse or with colour of right should remain, and should remain in that property section.
We share the concerns that have been expressed by Canadians involving the lax sentences that are sometimes handed down. Again I state for emphasis those objectives of increasing the sentences of expanding the availability that judges have to mete out sentences that are more in line with public abhorrence of violence toward animals and toward people. There is a clear nexus, as other members have said, between individuals who exhibit aggression toward animals and later go on to exhibit that same type of aggression toward human beings. There is no denying that fact.
If we are to send a message of deterrence and public protection, we have to have a higher range of sentencing. That can be achieved and it is achieved by portions of the bill, but it flaws the entire process I would suggest. We see this time and time again. This is perhaps why the former minister of justice called her own department the world's worst law firm because it does not get it right. It does not seem to take into account the interests of rural Canadians who each and every day rely on working with animals.
Let us not beat around the bush about what will happen if a crown prosecution or a private prosecution is commenced against an individual who legitimately has been engaged in activities that might be deemed as cruel to animals, such as branding. That person will be up against a system which may take months and may cost hundreds if not thousands of dollars to go through. That type of delay and interference with a person's livelihood could very well result in bankruptcy, in ruined reputation and in loss of reputation in the community.
Let us not pretend for a minute that our justice system is working well. There have been strikes at legal aid. Cases have been thrown out of court because of delays. There is a huge backlog of cases already in the justice system. This could very well result in a further exaggeration of some of the miscarriages of justice that often occur.
There is a real troubled sense for many members of parliament, particularly those from rural Canada, who are faced with voting for this bill and simply swallowing what I would deem to be a poisoned element of it, plugging their noses in doing so, or standing up and putting these legitimate concerns forward. That is what I, on behalf of the Progressive Conservative Party, on behalf of a rural riding, am attempting to do.
There are legitimate worthwhile elements of the bill we would love to support. However, we heard from a number of the groups that came before the committee, such as the Canadian Federation of Agriculture and rural representatives from across the country who said that this bill will put them between the proverbial rock and a hard place. It will impinge upon their ability to carry out what were previously deemed as normal and lawful activities.
It is with great regret that I express on behalf of our party that we cannot support this legislation in its current form. We would very much love to see the opportunity that the amendment would provide, to bring the matter back to a committee. We could hear again from the stakeholders and particularly from those members of the agricultural sector who described the impact of this legislation as being extremely detrimental.
That is what we should do. We should take the time to get it right. Time and time again we see the government cutting off debate and shutting down legitimate concerns. That is why I would encourage members of the House to support this amendment and have the opportunity to bring the legislation back for study at the justice committee.