Mr. Speaker, I strongly support Bill C-15B as it is currently written. However I will comment on the wording of an amendment to send Bill C-15 back to committee because the amendment is based on a false assumption that is inconsistent with the status of animals in common law.
The amendment assumes it is necessary to expressly state in law that animals can be used for lawful purposes. It assumes that if legislators did not do so the use of animals would be illegal. It assumes that if one wanted to use animals for a particular reason it would need to be authorized by statute.
I recognize the concerns raised by the hon. members who say that unless specific reference is made in Bill C-15B to the defences of lawful justification, excuses or colour of right, the use of animals for industry would become illegal. They are saying the defences are needed to render the use of animals lawful.
That is a false assumption. It is important to look at the argument more closely because it raises the question of what the status of animals has been historically. What was the status of animals in common law prior to the enactment of animal cruelty legislation? Did their use have to be expressly recognized in order to be lawful?
The answer is no. The status of animals in early common law before animal cruelty laws were enacted was described in the case of Standard Sausage Co. v. Lee, a 1933 decision of the British Columbia Court of Appeal. In that case Mr. Justice Martin confirmed that before legislation was passed in Britain in the 1800s making cruelty to animals a crime, members of the animal kingdom were at the mercy of the wanton brutality of their owners.
The early justification for animal cruelty laws focused on the morally corrupting influence that witnessing animal cruelty had on humans. It was felt that humans who saw people being cruel to or abusing animals believed it was easy to move on to other acts of violence. Bill C-15B does not talk about the use of animals which has been done historically. It talks about the abuse of animals. No one is questioning the use of animals. This is about abuse of animals.
In early common law animals had no rights or interests per se. The property rights of animal owners were protected but there was no prohibition against owners or anyone else abusing animals. The lawful use of animals is already protected. Bill C-15B would expressly prohibit the unlawful use or abuse of animals.
This is the reverse of the assumption made by some hon. members that under Bill C-15B all use of animals would be illegal unless there was recognition of the use of animals in statute. It is clear that since the inception of the animal cruelty provisions of the criminal code a minimum standard of behaviour has applied to everyone.
There is either a lack of understanding of historical common law or a lack of understanding of the history of animal cruelty legislation. That may be why the amendment is being brought forward. It could also be a red herring. It is one of the two. I do not know which. If it is a red herring it is sad because it would put in the place of good legislation a trumped up charge that did not apply at all.
I do not think anyone in the House would condone the abuse of animals. That is what Bill C-15B is talking about. Let us expressly prohibit the abuse of animals. The use of animals is lawful in many areas of law. That would not change under the bill. I would like to see people here stand and say they condone the abuse of animals because if they do not support Bill C-15B that is what they are doing.