Mr. Speaker, I am pleased to rise today to speak to Bill C-15B, an act to amend the criminal code and the Firearms Act. The stated purpose of the bill is to amend the criminal code by consolidating animal cruelty offences and increasing the maximum penalties. The bill would also add administrative provisions that are intended to simplify applications of the Firearms Act.
Bill C-15B re-introduces the proposed amendments to the cruelty to animals provisions of the criminal code that were introduced in Bill C-17 during the last parliament with certain changes. However, despite the minor improvements to the legislation, many people who are dependent on the harvesting and husbandry of animals for their livelihoods still have a number of concerns with the bill.
One concern is that the definition of animal is too broad. The proposed definition of an animal in Bill C-15B includes non-human vertebrates and all animals having the capacity to feel pain. The new definition would extend legal protection to a number of living organisms which have never before been provided that kind of protection.
Another key concern is that the criminal code would no longer provide the same level of legal protection afforded at present to those who use animals for legitimate, lawful and justified practices.
The phrase legal justification, excuse or colour of right in subsection 429(2) of the criminal code currently provides protection to those who commit any kind of property offence. However, in the new bill, the fact that the animal cruelty provisions would be moved out of the general classification of property offences and into a section of their own would remove these provisions outside of the scope of that protection.
Moving the animal cruelty section out of the range of property offences to a new section in its own right would emphasize animal rights as opposed to animal welfare. This is a significant alteration in the underlying principles of the legislation and could elevate the status of animals in the eyes of the courts. The legislation could open up the possibility that farmers, sporting groups and scientific researchers would be unjustly prosecuted.
Animal rights groups in Canada will certainly use the new legislation as the basis for such prosecution and have already stated their intentions to do so. Liz White, the director of legislative revision from the Animal Alliance of Canada has stated:
My worry is that people think that this is the means to the end, but this is just the beginning. It doesn't matter what the legislation says if no one uses it, if no one takes it to court, if nobody tests it. The onus is on humane societies and other groups on the front lines to push this legislation to the limit, to test the parameters of this law and have the courage and the conviction to lay charges. That's what this is all about. Make no mistake about it.
The former federal justice minister assured us that what is lawful today in the course of legitimate activities would be lawful when the bill receives royal assent. However, the problem is that these new provisions would arguably narrow the scope of what constitutes legitimate activities.
The changes to the Firearms Act are administrative by nature. The provisions of the bill are intended to simplify the registration process and to incorporate information technology to reduce costs. Regarding the Firearms Act, I refer to section 31 of the Canadian Alliance declaration of policy where it states:
We believe there should be severe mandatory penalties for the criminal use of any weapon. We are committed to keeping guns out of the hands of violent criminals as a necessary part of making our communities safer. We will replace the current firearms law with a practical firearms control system that is cost effective and respects the rights of Canadians to own and use firearms responsibly.
We support increasing penalties for cruelty to animals offences but we do not support widening the scope of what currently constitutes a criminal offence. New animal cruelty legislation may cause the courts to interpret such offences in a different light. This could have significant and detrimental implications for farmers, hunters, and other agricultural producers who are dependent on animals for their livelihoods.
We do not support the amendments to the Firearms Act as we have a long held feeling that the act should be repealed entirely and replaced with a practical, cost-effective firearms control system.
To reiterate, the Canadian Alliance in no way condones intentional acts of cruelty to animals and supports increasing the penalties for offences relating to such acts. Moving animal cruelty provisions out of property offences to a new and separate section of the criminal code could elevate the status of animals in the eyes of the courts. The defences currently available would no longer apply in the new section. The new definition of animal would include an extremely broad definition that includes a vertebrate other than a human being and any other animal that has a capacity to feel pain. This new definition would extend legal protection to a number of living organisms which have never been provided that kind of protection before.
The former justice minister stated that what is lawful today in the course of legitimate activities would be lawful when the bill receives royal assent. If it was not the former justice minister's intention to change what is lawful today why did she not simply raise the penalties for existing animal cruelty offences?
Without substantial amendments to address the concerns I have I must join with my colleagues of the official opposition party and oppose the bill.