Mr. Speaker, I am very pleased to rise in the House today to speak to Bill C-246, a bill introduced by my colleague and friend from Beaches—East York, which aims to strengthen the law concerning animal protection.
As I understand it, the bill has three main objectives. The first objective, already spoken about previously by my friend from Victoria, was to ban the importation of shark fins by amending the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.
The practice of cutting fins from live sharks and discarding the remaining animal into the sea, allowing them to sink to the bottom of the ocean to either die from suffocation or be killed by other predators, is cruel and wasteful. It allows fishing vessels to operate more profitably, but it goes without saying that shark finning is a cruel and wasteful harvesting of this animal.
The bill seeks to amend the Fisheries Act to create a prohibition on shark finning. I would point out, however, that the practice of shark finning is already banned in Canada through licensing conditions administered under the Fishery (General) Relations, and any violation of shark harvesting licensing conditions is a chargeable offence under the Fisheries Act. As such, the proposed amendment to the regulations may create some confusion or redundancy.
The second purpose of the bill is to ban the sale of cat and dog fur in Canada by amending the Canada Consumer Product Safety Act and to require fur source labelling by amending the Textile Labelling Act. I am a confessed dog person, and I support my colleague's recommendation for providing greater clarity to the use of these products and to ensure that appropriate protections are extended as required.
My primary concern with the proposed amendments to the Criminal Code made by my colleague concern those sections of the act intended to modernize the animal cruelty provisions in the Criminal Code.
I agree that the animal cruelty regime does merit significant reform and I would like to take the opportunity to applaud and commend my colleague from Beaches—East York for his strong efforts and advocacy in bringing this important matter forward. I do, however, believe that there is going to be a larger review of the Criminal Code taking place under the mandate of the justice minister and I believe that the changes to the animal protections in that code should be the subject of broad public consultations prior to moving forward.
Bill C-246 proposes to create two new offences. The first offence contained in proposed subsection 182.1(1), regarding the killing or harming of animals, states that:
Everyone commits an offence who, wilfully or recklessly,
(a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal;
(b) kills an animal or, being the owner, permits an animal to be killed, brutally or viciously, regardless of whether the animal dies immediately;
I believe that there is considerable merit in the proposed amendments brought forward by my colleague from Beaches—East York, but I also wanted to share with the House some of the concerns raised by my colleagues from various jurisdictions across this country.
The first concern that has come to my attention is in regard to conflicts and exemptions within the bill. Bill C-246 does not have a list of exemptions for specific lawful activities such as ranching, hunting, fishing, trapping, medical research, etc. The bill may inadvertently create a conflict of law, making existing legally regulated activities illegal by the very nature of their existence.
In addition, the bill raises concerns regarding constitutional issues in that it may effectively render hunting, fishing, trapping, ranching, and other heritage and indigenous activities illegal because they may be deemed to be brutal or vicious, or they may have an inherent reckless level of activity as part of their very nature.
This new test of “recklessly” that has been added to “wilfully” under proposed section 182.1 for causing unnecessary pain, suffering, or injuries to an animal expands upon the kind of conduct that could become criminal, as one who sees the risk and takes the chance that pain and suffering may occur. This has caused a great deal of concern among those who are hunters, trappers, and fishers across this country as this risk may be inherent to the very nature of those activities. Even if they are practising their sport or commercial or traditional activity lawfully and by prescribed socially accepted practices, they may come into jeopardy.
I listened very carefully to my friend's comments and his reassurances that these matters will not be connected to those traditional activities, but there is a very legitimate concern across this country with respect to their potential impact, and therefore, I must unfortunately advise that I cannot support the bill as it is currently proposed.
I know that many stakeholders across this country are concerned that these new offences of killing an animal in a brutal or vicious matter go too far and may capture traditional animal slaughter practices. I am aware that when these matters were previously discussed in the House there were a number of reassurances provided to those members, but a great deal of public concern still exists.
Canadians who enjoy hunting or fishing, or raise animals to be slaughtered for food are deeply concerned that these practices could be captured by these new offences, notwithstanding my friend's reassurance. Given the strong concerns that were expressed when a similar bill was debated, I think it would be most appropriate to broadly consult with Canadians across the country before pushing forward with any legislative amendments.
I believe that most Canadians would agree that animals deserve our protection apart from any property interests that may be attached to them. I am certainly not disagreeing with the need for strong legislative action to protect animals. Studies have confirmed that a person who abuses animals is much more likely to begin doing the same to people, and there is also research linking animal abusers to increased incidence of domestic violence.
However, it is my strongly held view that aspects of Bill C-246 are sensible and appropriate from a criminal law perspective. I believe that any reform to the animal cruelty offences in the Criminal Code deserves the benefit of broad public consultation and further study.
Animal cruelty is an important social issue that deserves a comprehensive legislative response. It needs broad public consultation to allow us to get this right. The best way forward is in the review of the Criminal Code that will take place in the future. This way we can hear and attempt to address the concerns of Canadians engaged in legitimate activities of hunting, fishing, ranching, medical research, etc.
We want to ensure that any legislative changes are appropriately balanced and do not impinge on the rights of Canadians to continue enjoying these important activities. These are activities that are not only traditional but an important part of our economy, and I know Canadians feel very strongly about them.
Canadians are concerned that they do not want to feel that the enhancements that we put in the Criminal Code may put them at increased risk of prosecution as a result of engaging in these traditional activities. It is too difficult, in my opinion, to do this within the context of the existing private member's bill and its associated processes. The best way forward is by a comprehensive review of the Criminal Code that will allow consultations to take place.
I look forward to a full debate on this matter in the House.