That a message be sent to the Senate to acquaint their Honours that this House agrees with amendments numbered 1 and 5 made by the Senate to Bill C-10B, An Act to amend the Criminal Code (cruelty to animals); but
Disagrees with amendment numbered 2 because the amendment is inconsistent with the other elements of the offence and makes the law less clear and because the amendment would collapse two offences with different elements into one single offence, leading to confusion about the elements of the offence and to problems for police and prosecutors;
Disagrees with amendment numbered 3 because it is unclear and creates confusion about whether the intent is to create a different test for liability of aboriginal persons and because there is no clarity as to what “traditional practices” are and how law enforcement can be expected to act accordingly; and
Agrees with the principle set out in amendment numbered 4, namely, the desire to reassure Canadians that no defences are lost, but, because the wording of the amendment would codify a reverse onus by requiring an accused person to prove his or her innocence on a balance of probabilities, would propose the following amendment:
Amendment numbered 4 be amended to read as follows:
Page 4, clause 2: Replace lines 22 to 24 with the following:
“182.5 For greater certainty, the defences set out in subsection 429(2) apply, to the extent that they are relevant, in respect of proceedings for an offence under this Part.”.