Mr. Speaker, before I begin, I would like to say that I will be splitting my time with the member for Brandon—Souris.
Today, I am happy to speak in support of Bill C-35, the justice for animals in service act, or Quanto's law. Quanto was an Edmonton Police Service dog who was fatally stabbed on October 7, 2013, while assisting police in apprehending a suspect. Regrettably, this tragic case is only one example of the many animals who have made the ultimate sacrifice in the line of duty.
This landmark legislation proposes to amend the Criminal Code by creating a new offence that would specifically prohibit the injuring or killing of animals trained and being used to help law enforcement officers, persons with disabilities, or the Canadian Armed Forces. A person convicted under this new offence could face up to five years' imprisonment, with a mandatory minimum sentence of six months in prison in all cases of indictable offences where a law enforcement animal is killed while assisting an officer in enforcing the law.
I would like to take this opportunity to recognize the hard work and contributions of my colleague, the member of Parliament for Richmond Hill. It was his original private member's bill that inspired this legislation. The constituents of Richmond Hill shared their concerns with my colleague, calling for a stronger punishment for those who deliberately injure or kill a law enforcement or service animal. Thanks to the efforts of this member, Quanto's law is a reality today.
This legislation recognizes the special role that law enforcement animals, military animals, and service animals play in the lives of Canadians and offers them greater protection in law by creating a specific offence. Second, this legislation would add a provision in the Criminal Code that would enhance the penalty for all forms of assault on law enforcement officers.
As members know, generally, unless the court specifically states that sentences are to be served consecutively, one after the other, or concurrently, simultaneously, to any outstanding sentence, the sentences are served concurrently, if arising out of the same event. This legislation would amend the Criminal Code to direct the courts that a sentence imposed for an assault committed against a law enforcement officer must be served consecutively to any other sentence imposed upon the offender arising out of the same event.
Attacks on law enforcement officers not only put the lives and safety of the individual officers at risk; they also attack and undermine the justice system more broadly. In recognition of this, in 2009, Parliament enacted section 718.02 of the Criminal Code, which provides that, when a court imposes a sentence for the offence of common assault, assault causing bodily harm or with a weapon, or aggravated assault, the court shall give primary consideration to the objective of denunciation and deterrence of the conduct. Requiring that consecutive sentences be imposed on persons who commit assault against law enforcement officers is consistent with the objective of the denunciation and deterrence of such conduct.
I am pleased to say that Quanto's law contains a provision that provides that a sentence imposed upon a person convicted of killing a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer's duty shall be served consecutively to any other punishment arising out of the same event or series of events. It would send a clear signal to any would-be offenders that an attack on any law enforcement animal, military animal, or service animal is a serious matter deserving of serious punishment.
I would now like to say a few words about the mandatory minimum sentence of six months in prison in the case where a law enforcement animal is killed while assisting a law enforcement officer in enforcing the law. In the course of the second reading debate of this legislation, concerns were raised with regard to the constitutionality of the mandatory minimum penalty. As the Minister of Justice correctly pointed out when he appeared before the justice committee on Monday, April 27, the court has not ruled out mandatory minimum penalties as an option for Criminal Code sanctions. As the minister explained, Quanto's law's proposed mandatory minimum penalty is specifically tailored to ensure that it would not result in a sentence that would be grossly disproportionate to the offence committed.
The minister referenced several reasons to support this point. First, the Criminal Code conduct directed at the law enforcement animal must occur while it is aiding a law enforcement officer in carrying out the officer's duties.
Second, the mandatory minimum will only apply when the crown prosecutor elects to proceed by way of indictment. As the minister pointed out, prosecutorial discretion is always exercised with a careful eye to proportionality, constitutionality, and totality, which is the same consideration used by judges. Where the crown elects to prosecute the offence as a summary conviction, the mandatory minimum penalty will not apply.
Finally, in terms of the length of the mandatory term of imprisonment, the six-month term of imprisonment is at the lower end of the range. In this respect, it is worth noting that the court sentenced Quanto's killer to a global sentence of 26 months for a series of offences and made it clear that 18 of those 26 months were specifically for the killing of Quanto.
I will close my remarks by stating that it would appear to me that considerable care was taken in drafting Quanto's law to address the concerns of Canadians and some serious gaps that exist in our criminal law while at the same time being respectful of the Canadian Charter of Rights and Freedoms.
I congratulate the Minister of Justice and the member for Richmond Hill for their effort in accomplishing this important task.