Once again, Mr. Speaker, we have to deal with an issue that we should not even bother with given the way things were done. We all realize that the Senate is going beyond its rights in trying to order the House around.
The Senate is attacking the rights and privileges of this House. As we all know, the Bloc Quebecois believes that the Senate should no longer exist. If the Senate wanted to have some influence over our society, it should have worked a bit harder on the Young Offenders Act, instead of wasting the time of the House today.
Why do I say that? Because now the government has to move a motion to split a bill. In the first session of the 37th Parliament, the bill called Bill C-15 at the time was split into two bills, C-15A and C-15B. Why was it not split in three, if we wanted to deal separately with the issues of sexual abuse against children, cruelty to animals and the Firearms Act? That could have been done. In fact, when the Bloc Quebecois first asked for the bill to be split, it wanted the bill to be split into three.
More and more, the government is introducing so-called omnibus bills. With only one bill, it tries to make significant amendments to several pieces of legislation dealing with various issues that have nothing in common. Provisions in those bills have nothing in common and deal with very different acts.
One instance was during the first session of the 37th Parliament, with bills C-15A and C-15B. Bill C-15A dealt with the sexual exploitation of children, and Bill C-15B dealt with cruelty against animals and amendments to the Firearms Act. Go figure. There was an opportunity, of which the government did not avail itself.
Bill C-15B received all three readings in the House and was referred to the Senate for consideration. It is absolutely ludicrous that we are now required to start all over because the bill should apparently have been divided into Bill C-10A, concerning cruelty to animals, and Bill C-10B, concerning firearms.
I am surprised, and even very disappointed, to notice that the government's motion would allow Bill C-10 to be divided into Bill C-10A and Bill C-10B. As I said earlier, had this been done at the right time, we would not be wasting our time today. The problem is that we have no choice but to consider it because of the demand to divide the bill into Bill C-10A and Bill C-10B.
Today, we are debating an amendment to this motion. This amendment, brought forward by the Canadian Alliance, states:
“, in relation to the amendments made by the Senate to Bill C-10, An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act, this House does not concur with the Senate's division of the Bill into two parts, namely, Bill C-10A, An Act to amend the Criminal Code (firearms) and the Firearms Act, and Bill C-10B, An Act to amend the Criminal Code (cruelty to animals), since it is the view of this House that such alteration to Bill C-10 by the Senate is an infringement of the rights and privileges of the House of Commons; and
That this House asks that the Senate consider Bill C-10 in an undivided form; and
That a Message be sent to the Senate to acquaint Their Honours therewith.”
We have already debated Bill C-15B, including these two amendments. We have gone through the three readings and, even if the bill is divided, the Bloc's position remains unchanged.
We spoke in committee, we heard witnesses, we held debates in this House, but unfortunately the basic issue was never addressed. Of course, animal protection is important.
It is also important that a bill be drafted, when it comes down to it, according to the standards, and that the bill respect all sides, not just one. Unfortunately, the amendments presented by the Bloc Quebecois relating to animal cruelty, pertinent though they were, would have suited those who wanted to see animals as well as all animal-related industries protected.
As hon. members are aware, it is usually the case, almost with a majority or unanimity, every amendment in this House that is submitted by the Bloc Quebecois during debate is rejected by the government.
We called for changes. Let us make it perfectly clear, we were in agreement with the principle, and still are in agreement with the bill as far as animal cruelty is concerned. What is important to know is that we are in agreement with the new part of the bill that is aimed at protecting animals, because animals are not property. Yet that element was included in a section relating to ownership rights. Imagine that.
Yes, it is high time for a change. Unfortunately, the Bloc Quebecois was not listened to, nor to some extent were all the stakeholders in animal-related industries and those in favour of animal protection who were consulted.
Our amendment was this: to respect the defences contained in section 429 of the Criminal Code, in which there are specific defences, not just those based on the common law in section 8 of the Criminal Code.
We made explicit demands, and I raised these in the House and in committee. I would have liked to have seen the Senate, rather than suggesting that the bill be split and issuing orders to the House, pay some attention to protecting the animal husbandry industry as follows: retaining the rights set out in section 429 and explicitly including them in the new part V.1, with which we agree.
This would take nothing away from the newly created part, with which the Bloc Quebecois agrees, concerning protecting animals from unbelievable cruelty. We see what goes on in kennels all over Canada and Quebec. We see the horrors of puppy mills, the unbelievable sights there.
Legislation can be based on an important principle, but be poorly drafted. What is insulting, is when they try to correct legislation to allow two groups—and these are not two conflicting groups—to protect animals from cruelty. The animal industry itself wants to prevent cruelty to animals. If it does happen, no need to worry; despite these amendments, people who perpetrate cruelty against animals will be found guilty, and we agree that penalties should be stiffer for these people who make the lives of these animals so difficult.
However, the way in which the bill is drafted will allow some groups to perpetrate abuse, because there will be a lack of resources. This is another problem that existed and has not been solved.
When a certain amount of money is provided to the Department of Justice to enforce rights, let us not fool ourselves. When forced to make a choice, attorneys general are not going to ask themselves if they should pursue a case against someone who abused a child or committed a murder, or if they should pursue a case against someone who abused an animal or demonstrated cruelty to an animal.
Unfortunately, if the legislation had been applied properly, we probably would not have to redo it. However, due to a lack of money, we are forced to specify things in the legislation and we have to do this.
We now have to guarantee what has always existed. When I speak of the animal industry, I refer to researchers or to hunters or farmers who kill animals for an industry, such as pork or beef producers, so that we can eat. Not everyone is a vegetarian; some people eat animals, but all is done according to the regulations and standards that this industry must obey. I can tell you that the great majority of those in the animal industry respect these standards. Truly cruel enterprises do exist and might also have been charged, despite the fact that there is a defence under section 429 of the Criminal Code—of course, that was the means of defence—namely colour of right or legal justification or excuse.
We have asked the government why it did not take the means of defence provided in the Criminal Code and include them in part V.1. Section 429 speaks of colour of right and legal justification or excuse, and that applies perfectly to clause 11.
If these allegations or these details are not reproduced in part V.1, we must understand that these defences are no longer explicit. The government says that clause 8, the defence under common law, will apply. In clause 8, what the common law provides are existing defences. If we say that the defences I have mentioned are implicit, why have these defences been explicitly included in section 429?
Legislators do not talk if they have nothing to say. These defences were included in section 429 because they are not implicitly covered in the common law. Now, there is jurisprudence to this effect and we ask, explicitly, that it be included in part V.1, in order to permit the animal industry—those who do things correctly, those who respect the standards, let us be clear—to retain the same means of defence they had in the past and should have in the future.
Unfortunately the Bloc Quebecois was really torn about opposing Bill C-15B concerning cruelty to animals. This is a principle we have been defending since our party started and even before. I would say that, probably, each member of the Bloc Quebecois supports this principle. Now, a title, an extreme is being used to cruelly change all the work that can be done properly by hunters who respect nature and animals or by a research facility that increasingly follows standards.
If this is not the case, the necessary funds should be invested to hire inspectors to check. Money should be invested to do this. If this also applies under Quebec's animal protection legislation, money should be transferred—of course, it is a question of fiscal imbalance—so that we get what is needed and so that the Minister of Justice can enforce the legislation.
What is happening is that this is being replaced by a bad legal principle, and there is an attempt to show that the Bloc Quebecois can be opposed to the cruelty against animals legislation, which is included in the Criminal Code. Frankly, this is called being seriously off track. It is essential to respect those in the industry who are correctly handling animals.
The Criminal Code, as amended, with the bill, naturally, but also with the amendments proposed by the Bloc Quebecois, would have teeth and result in legislation with harsher sanctions for those committing acts of cruelty toward animals, while protecting those working in the animal-related industry.
The possibility that this defence will no longer be available remains. Can we afford to take that risk? If the government does not understand this and tells us that its intention is not to harm the animal husbandry industry, why does it not explicitly set out these means of defence which, it claims, are implicitly protected?
The means of defence in section 429 have not been transferred to the new part. It will no longer be the same means of defence that will apply. It is as simple as that.
I have met at my office with the presidents of several associations. When I explained my position, and that of the Bloc Quebecois, to them, they had no problem understanding it. They agreed that there was a problem and that they were going very far, saying, “We will go along with it, of course. They are going farther than we asked. We will take advantage of it. A judge cannot act ultra vires , but if legislation leading to 21 judgments is enacted, we will use it”. I can understand them; I would do the same.
Our job, however, as representatives of the people in our ridings, be it in Quebec or anywhere in Canada, is to scrutinize legislation before it is implemented, and that is what we are doing. In my opinion, it is unfortunate that, instead of amending legislation to improve it, there is a tendency to associate amendments to parties, and if an amendment is put forward by a certain party, it is rejected.
I would go so far as to say that, at the clause by clause stage, when witnesses were heard, government members of the Standing Committee on Justice and Human Rights—I would like them to read what they said—supported this approach. Unfortunately, members know how it is. That day, many Liberals were in attendance, and they voted down our amendments designed to prevent cruelty against animals and protect the entire animal husbandry industry. I find that incredible.
Today, what the Senate is asking us to do is to divide a bill into two, instead of considering the importance of this bill.
I must speak to the section of Bill C-10 that addresses firearms. Once again, the government made use of Quebec and even the SQ to establish a firearms registry. Individually, we believe in it, but we are forced to say whether it is good or not because of the administration of this government. It is not that the registry is no good, it is their administration.
The Minister of Justice tells us that any registration program will cost $1 billion. Really now, we are anxious to see the figures. We are told we have them. Once again, with this bill, as with the section dealing with animal cruelty, we are torn.
Why are we obliged to vote against this bill? Because with this bill—and I must explain this quickly—the chief firearms officers are losing all of their powers. Everything pertaining to licence issuing in Quebec is being changed.
Probably, the federal government with its desire to appropriate all powers to itself, will then want to privatize the entire system. Then they will be saying, “Look at what we have done. We have brought all this over to the central government. It will cost less and we will then contract it out”.
This is a way of concealing the fact that it has used the people of Quebec and their skills in setting up this registry. The one in Quebec is working very well. Today they want to appropriate all of the powers and return them to the commissioner, instead of leaving them with the chief firearms officer and the SQ. I trust the funding agreements with Quebec will be forthcoming as soon as possible.
