Mr. Speaker, I am pleased to speak to the bill at third reading.
It is time for the House to act on the will of Canadians. Legislation that would update animal cruelty provisions and provide enhanced penalties for animal abusers has been before the House in one form or another since December 1, 1999. That is two and a half years during which there have been numerous opportunities for organizations from a broad spectrum of interests to come forward and make their views known. They have shared their views with the Department of Justice, members of parliament, the House of Commons Standing Committee on Justice and Human Rights, the media and other members of the public. There has been a full and comprehensive debate on the issue of the changes that must be made to modernize the animal cruelty provisions.
During that two and a half years the former justice minister listened carefully to the concerns of all Canadians, including industry. In fact, to be absolutely clear that criminal liability for intentional cruelty and criminal neglect had not changed, the former justice minister made several accommodations to industry when the animal cruelty provisions were reintroduced in Bill C-15 after an election was called and Bill C-17 died on the order paper. The accommodations did not change the legal tests for liability but provided further clarification about the elements of the cruelty offences.
After Bill C-15 received second reading in the House of Commons on September 26, 2001, it was referred to the House of Commons Standing Committee on Justice and Human Rights with the direction that the committee split the bill into two parts.
Bill C-15B contains the provisions regarding cruelty to animals and firearms. The committee heard from a wide variety of groups with diverse views on the issue of animal cruelty. At the committee hearings the Criminal Lawyers' Association confirmed that removal of the animal cruelty provision out of the property section would not cause accused persons to lose any available defences. The association did indicate however that if there was a desire to make this absolutely clear one of two options was possible: either make an express reference to subsection 429(2) of the criminal code which outlines defences of legal justification, excuse or colour of right; or specifically confirm application of the common law defences under subsection 8(3). Again, in the interests of accommodation to reassure critics of the bill, the government introduced a motion adopted by the committee to confirm application of subsection 8(3).
Following the suggestion of the lawyers association one would have thought opposition critics of the bill would agree that all accommodations could be made. They have been made without changing the test of legal liability. Unhappily, with the notable exception of the New Democratic Party, this does not appear to be the case. Critics among the opposition parties want more.
I take this opportunity to look at their position more closely. These critics have been clear that they are not supporting an exemption for industry. They maintain that all persons should be subject to the animal cruelty provisions. Yet, what they are asking for appears to be an exemption in anything but name.
Some members of the opposition parties maintain that the defences in subsection 429(2) of the criminal code provide them with a justification for their industry practices, even if those industry practices cause unnecessary pain, suffering or injury. They maintain that these defences effectively give industry the protection that anything they do pursuant to lawful purpose is itself lawful. This is simply not the law.
Equally inaccurate is the position maintained by some hon. members that the cruelty provisions prohibit the infliction of any pain or suffering and that it is the defences that legitimize the infliction of pain. This position completely ignores the tests for liability for cruelty that have been in the criminal code since 1953. The issue of defences does not even arise until after the crown has proven beyond a reasonable doubt that the infliction of pain or suffering was unnecessary.
The test for unnecessary pain or suffering is clear in case law. The courts have recognized that avoidable pain is unnecessary. Pain is avoidable if there are equally accessible, reasonable, and affordable practices available to achieve the same lawful purpose.
What is interesting is that opposition critics maintain their position even though they have cited not a single case of support for their position and have been unable to identify any relevant offences under subsection 429(2) which would not be available as a common law defence subsection 8(3) of the criminal code.
I do not believe for a moment that industry wants its activities exempted from the application of the criminal code. Those members of the opposition who suggest that industry has this protection currently or who argue that somehow lawful industry practices would become unlawful after the bill is passed are misrepresenting the state of current law.
No one has been exempted from the application of the animal cruelty law. This has never been the law in Canada and the government is not proposing to change this law now.
One of the most basic notions in Canadian criminal law is that the law applies to everyone. Canadians have made it clear that they support a law which imposes at least a minimum standard of behaviour on everyone. It is time for this House to answer the expectations of Canadians and move on this legislation.