Mr. Speaker, it is my honour to speak on the subamendment brought forward by the member for Selkirk--Interlake and seconded by the member for Medicine Hat. I think the amendment is realistic. It is a good amendment. There are substantial issues that need to be discussed in the course of bringing this back to the committee, but I think in fairness there needs to be some time limit on this issue.
Every day new issues arise in respect of the bill which warrant the committee looking at this offence. One of the matters that was just raised with me, and I think it is a very significant issue, is the issue of rights of private citizens in respect of initiating prosecutions. As we know, through Bill C-15A there will be a new system. This new system will set up a screening mechanism before a judge. A judge will determine whether the offence in fact should be brought forward to the court.
It has been said by members opposite that the whole nature of the hearing that takes place is that it will be just a summary hearing. It will be a complainant going before a judge to show the evidence. As members know, that kind of arrangement would violate not only our charter of rights but even our basic rules governing natural and fundamental justice. We cannot go into a hearing and say to a judge that we believe there is sufficient evidence in order for this matter to go to hearing. It is the same way that a preliminary hearing used to take place or still does. An information is sworn. The matter is brought before a judge. A judge, on hearing from both the prosecutor and the defence, if the defence wants to submit evidence although there is no requirement for it to do so, will make that determination.
What we have now is a brand new preliminary hearing process that will complicate this proceeding. Those who say that this proceeding will now act as an effective screen to prevent people from having to go to court do not understand the nature of this process, nor do they understand the determination of radical animal rights groups to prosecute individuals.
We must remember, with all respect, that these groups do not have to worry about whether or not there is a conviction. A farmer in my riding, a hunter and a fisherman and others involved in these businesses are under a lot of stress. I think is simply unfair for them to have to face a criminal prosecution.
The other interesting point that now has been drawn to my attention is that we want to make sure that criminal cruelty is treated very severely in respect of animals. I think everyone agrees with that. The Canadian Alliance does not, nor do any of the other opposition parties, I believe, have an objection to the increase in penalties. What we saw the other day in Toronto was quite a surprising decision. I do not know if anyone has had an opportunity to review that decision, but we had a judge commenting on the skinning and otherwise mutilating of a cat over a period of time. He indicated that this was not the worst way in which a cat could die. I am just wondering if that judge could tell the House, in further written reasons perhaps, what he thinks is the worst way a cat could die. I think this shows part of the problem. The problem is not that we do not want stiffer penalties for genuine acts of cruelty, but that the courts today are not imposing the sentences that are already available. In this case the court could have imposed a sentence of two and a half years. Essentially it was time served, and I believe it was house arrest.
What we are going through here is an exercise in futility if the courts themselves do not recognize the seriousness of this offence. If the government wants to get serious about penalties and genuine cruelty penalties, it must put in minimum sentences. However, all that is happening here is that this is just a political statement designed to placate the animal rights organizations, to say, look, we are increasing the penalties, we are taking this more seriously. Everyone involved in the courts knows that is simply a fiction. It will not happen. We have seen it in the case of impaired driving. We have seen it over and over again. Unless there are minimum sentences imposed, the courts do not respond to increases in penalties. It is as simple as that.
The more troubling thing, even more troubling than this decision that came out of Toronto from the judge who felt that being skinned was not the worst way for a cat to die, is what happens now when we create not just a summary conviction offence but a hybrid offence. Is this in fact an indictable offence, then, such that now a private citizen perhaps can arrest a person for walking a dog wearing a choke collar? Can the private citizen saying that this looks like cruel and unusual punishment for the dog, that there is no legal justification for using a choke collar? If the person is placed under arrest, what are the consequences?
I see that my time has almost expired. I will leave it at that for now.