Nathaniel Erskine-Smith on Criminal Code

Mr. Speaker, I would like to seek unanimous consent of the House for the following motion to address agricultural concerns. That, notwithstanding any Standing Order or usual practice of the House, Bill C-246, an act to amend the Criminal Code, the Fisheries Act, the Textile Labelling Act, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act and the Canada Consumer Product Safety Act (animal protection), be amended as follows: (a) that clauses 3, 4, 5, 6 and 8 be deleted; (b) that clause 7 be amended by replacing lines 33 and 34 on page 5 with the following: 7 paragraph 445.1.91(b) of the act is replaced by following: (b) in any manner encourages, promotes, aids, or assists at or receives money for the fighting or baiting of animals or birds, including breeding, training, or transporting an animal or bird to fight another animal or bird; 7.1 the act is amended by adding the following after section 445.1, 445.2(1) everyone commits an offence who (a) negligently causes unnecessary pain, suffering, or injury to an animal or a bird; (b) being the owner or the person having the custody or control of an animal or a bird wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter, and care for it; or (c) negligently injures an animal or bird while it is being conveyed (2) for the purposes of subsection (1) negligently means departing markedly from the standard of care that a reasonable person would use; (3) everyone who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years, or (b) an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term of not more than six months or to both; (7.2) the portion of subsection 447.1(1) of the act before paragraph sub (a) is replaced by the following: 447.1(1) the court may in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.1(2), 445.2(3), 446(2), or 447(2) and that the bill be reprinted as amended.