Mr. Speaker, I will be sharing my time with the member for Toronto—Danforth.
I am very pleased to have this opportunity to speak to Bill C-84, a bill that proposes several amendments that would strengthen the Criminal Code's response to bestiality and animal fighting.
I have been passionate about animal protection all my life. During my five years on Oakville's town council I had the opportunity and privilege to work with the Oakville & Milton Humane Society and its former executive director, Kim Millan. I have spoken at length with Kim, as well as former OSPCA officer, Laura Mackasey , and current OSPCA officer, Caitlin Jones who are the front line when dealing with animal cruelty cases. I can remember so clearly Laura and Kim saying to me, “We want to do more, but our hands are tied by legislation.” I was actually shocked at how our laws had failed to keep up with the realties of our world.
I was an early and vocal supporter of the member for Beaches—East York's private member's Bill C-246, and met with my local humane society about the proposed legislation. It also publicly supported the bill because it deals with animal cruelty on a daily basis and knows how critical it is to update our laws. Quite frankly, those on the front line of animal cruelty need governments to step up and give them the tools they need to protect animals.
The bill before us today reflects the Minister of Justice's commitment to review animal welfare laws in the wake of the defeat of Bill C-246. She held extensive consultations all across Canada. Bill C-84 is an excellent first step, but quite frankly, there is more to be done by all levels of government to end animal cruelty.
I will highlight one issue which was brought to my attention by someone who has worked in the field for many years. We need to ensure that any person convicted of an offence of animal cruelty should be prohibited from ever owning an animal again, and if the person is prohibited from owning an animal in one province, that restriction should apply in all provinces. It is my hope that this is something that could be considered at committee.
We know there is a direct link between animal cruelty and child abuse and also between animal cruelty and domestic violence. That is why we must take the abuse of animals seriously. Research from the University of Windsor found a strong correlation between the abuse of human family members and the treatment of companion animals. Childhood sexual assault is also linked with animal sexual assault. Barbara Cartwright, CEO of the Canadian Federation of Humane Societies has stated that not all people who commit animal cruelty are serial predators, but as far as we know, all serial predators have committed acts of animal cruelty. We also know there is a correlation between animal fighting and guns and gangs. Bill C-84 also tightens the law around animal fighting.
I am sure most Canadians are shaking their heads asking why these changes have not been made sooner. I agree, but I applaud the government for bringing Bill C-84 forward.
On the specifics of Bill C-84, I will now focus my comments on the bill's amendment, which arises in the wake of the Supreme Court of Canada's decision in 2016 in the case of D.L.W. In this recent decision, the court limited the meaning of the term “bestiality”. I cannot stress enough how important Bill C-84's bestiality amendment is. Specifically, it would serve to protect vulnerable people, especially children, as well as animals. To be clear from the outset, criminal liability must result whenever any kind of sexual act with animals occur. While difficult to talk about, it is a subject that we must address because of the very real consequences of a lack of legislation on this issue.
The term “bestiality” has never been defined in statute in Canada, but it forms the basis for criminal liability in three distinct Criminal Code offences. Canada's bestiality provisions find their origin in ancient British law, and the offence was included in Canada's first Criminal Code in 1892. The recent Supreme Court case was the first time the Supreme Court of Canada had the occasion to consider the meaning of the term “bestiality”. Because there was no statutory definition of the term, the court examined its history and its interpretation at common law to determine its meaning.
The court found that sexual penetration has always been one of its essential elements. Nothing in the legislative history of Canada's bestiality provisions was found to have changed its original meaning at common law. Importantly, the court also noted that any changes to the scope of existing criminal offences must be made by Parliament.
The circumstances of the D.L.W. case are disturbing, to say the very least. Without elaborating on the extensive and sustained sexual abuse that the accused perpetrated against the victims over a period of approximately 10 years, the court was asked to consider whether the activity constituted a form of bestiality. The majority of the court answered the question in the negative because of the historical interpretation given to the offence.
The decision stated that the courts must not create new crimes that Parliament never explicitly intended and expanding the scope of bestiality to include all sexual acts between humans and animals would do just that, largely because, in the words of the Supreme Court, “there is not, and has never been in Canada, any statutory definition, exhaustive or otherwise, of the elements of bestiality.” The court also pointed to the ongoing significant policy debates about what the focus of this sort of offence ought to be and once again clarified that it is for Parliament, not the courts, to expand the scope of criminal liability for this ancient offence.
Bill C-84 proposes an amendment that would achieve exactly what the courts have suggested. Specifically, it would define “bestiality” as “any contact for a sexual purpose with an animal”. It would mean that accused persons, like the one in the D.L.W. case, would no longer be acquitted simply because the sexual abuse in question did not involve penetration. This is an appropriate and necessary response to the Supreme Court's decision. As parliamentarians, it is our duty to ensure the criminal law protects the most vulnerable, especially children. Involving animals in harmful contact is often indicative of a propensity for even more serious offending.
As I stated earlier, there is an established link between animal cruelty and child abuse. The D.L.W. case is a case in point. We must extend the criminal law's protections in this regard. Undoubtedly, the Criminal Code contains other offences that could apply to the conduct at issue in the D.L.W. case. At the same time, the proposed changes would send a clear message that forcing others to engage in sexual acts with animals and involving children or animals in this kind of activity is harmful and will not be tolerated.
The bill's second focus on animal fighting is also an overdue change to our legislative framework in Canada. Our society does not tolerate these abuses of animals and I am pleased the government has introduced Bill C-84 to protect the vulnerable, animals and Canadian society in general. It is my hope that this legislation will go a long way in also helping people like those who work with the Oakville & Milton Humane Society, as well as the Ontario Society for the Prevention of Cruelty to Animals, to do their jobs more easily and give them the legislative framework they have been calling for.
I call on all members of this House to support this bill.