Madam Speaker, the amendment deals with moving the bill back to committee and returning it by a specified date. This motion is required in order to give credence to the comments of the former minister of justice, that what is legitimate today will be lawful tomorrow under the bill.
A number of issues have been pointed out that have caused concern. First is the breadth of the offence and the elimination of very specific defences under the act. I have heard people say time and again that the defences under section 8 are now applicable and the defences under section 429 are not needed. The point is that the defences under section 8 were always applicable. In respect of those specific property offences, section 429 set up certain specific defences. They were put there for a reason.
If we eliminate those defences in respect of animal offences, there is clearly a substantive change that has taken place. In order to ensure that does not occur, and as the former minister herself indicated some time ago that what is legitimate today will be lawful tomorrow, we need to specifically have those defences put into the new part where these offences are going.
The other point is that when someone is charged under a criminal code offence, there is an issue of clarity. The offence itself must be clear. If someone is going to be charged under the criminal code and the offence is not clear, it does the principles and administration of justice a disservice. This particular offence is not clear nor is it clear in respect of the defences that are applicable.
I want to reiterate that the Canadian Alliance supports the increased penalties for animal cruelty but we are certainly very concerned about creating criminal liability where no criminal liability exists. It has been a feature of the government to bring in legislation that minimizes the amount of mens rea required before there can be a conviction. Mens rea is the Latin term relating to guilty mind. In our parliamentary system and our justice system, mens rea is an essential element of every criminal offence. That needs to be clear.
The final point I will make is that people as prominent as Pierre Berton have indicated very strongly that the bill will impact negatively on our scientific research community. The progress we have made in health care has come at some expense and has involved the use of animals. We want to ensure that continues for the health of the people of Canada. We do not want the use of animals done in any cruel or inappropriate way. Health care professionals and scientific researchers need that assurance of protection under the law.