Debates of May 10th, 2019

Bill C-55—Notice of Time Allocation

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Madam Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the consideration of the Senate amendments to Bill C-55, an act to amend the Oceans Act and the Canada Petroleum Resources Act.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose, at the next sitting, a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Madam Speaker, pursuant to Standing Order 81(4), I would like to designate Wednesday, May 15, for consideration in committee of the whole of the main estimates for the Department of National Defence.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

It being 1:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

The House proceeded to the consideration of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), as reported (without amendment) from the committee.

Ending the Captivity of Whales and Dolphins Act

[The Assistant Deputy Speaker, NDP, Carol Hughes]

There being no motions at report stage, the House will now proceed, without debate, to the putting of the question of the motion to concur in the bill at report stage.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Windsor—Tecumseh, moved that the bill be concurred in.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

On division.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

(Motion agreed to)

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Windsor—Tecumseh, moved that the bill be read the third time and passed.

She said: Madam Speaker, I thank those members who are applauding this historic day. I speak for myself and for many Canadians from coast to coast to coast when I say we are very grateful for the assistance of the hon. Minister of Fisheries, Oceans and the Canadian Coast Guard, the assistance of the hon. Minister of Environment and Climate Change and the assistance of their parliamentary secretaries in assisting this bill to get through this place after its long, long, long gestation in the Senate. We are extremely grateful for that support to expedite the passage of this bill so that it can receive royal assent before this House adjourns for the summer and the election.

I am only going to canvass briefly the elements of the bill; I think we are all very familiar with it.

It was started in the Senate, where it was sponsored by an absolutely terrific Canadian who would make the case that we should change mandatory retirement at age 75 for members of the Senate.

Senator Wilfred Moore of Nova Scotia brought this bill forward in 2015. On his retirement, it was taken up by another magnificent and inspiring leader within this country, former jurist Senator Murray Sinclair. All of their work and all of the witnesses in the long hearings before the Senate made the same point over and over again: In the 21st century, we simply know better than to think cetaceans belong in captivity. We can no longer pretend that the entertainment value of these magnificent, sentient creatures in swimming pools anywhere in Canada is acceptable.

Parallel to our efforts on Bill S-203 is a very good bill, Bill C-68, from the former minister of fisheries, the hon. member for Beauséjour. It is is currently before the Senate, and we certainly hope will pass soon. To him, I once again want to underline my deep thanks for all of his work as minister of fisheries.

Bill C-68, would make it illegal to take a cetacean into captivity in Canadian waters. Bill S-203, finishes that piece and makes it comprehensive by adding that we will not breed cetaceans in captivity, nor will we buy cetaceans from other countries and keep them in captivity.

We are listening to the science and taking the appropriate actions.

I want to thank other people who have played a significant role in seeing this largely non-partisan effort, supported by thousands and thousands of Canadians, come to this point.

I want to thank the hon. members for Courtenay—Alberni, New Westminster—Burnaby, Beaches—East York and Pontiac; the Minister of Fisheries, Oceans and the Canadian Coast Guard; the Parliamentary Secretary to the Minister of Fisheries, Oceans and the Canadian Coast Guard; the members for West Nova, Avalon, and Charlottetown, and the member for Repentigny from the Bloc Québécois. There was help from members on all sides of the House, including the party that did not support the bill; there are individual members of that party who were very helpful.

The NGO community has been very helpful in assisting the process by networking with good scientists and also making sure the community of Canadians concerned with cetaceans received assistance. That community includes Animal Justice and its spectacular lawyer, Camille Labchuk; the Humane Society of Canada; Humane Society International; Ontario Captive Animal Watch; Animal Alliance of Canada; World Animal Protection; and The Whale Sanctuary Project. Assistance also came from scientists Dr. Lori Marino; Dr. Ingrid Visser, who testified by video link all the way from New Zealand; Dr. Naomi Rose; Dr. Hal Whitehead, of Dalhousie University; and Phil Demers.

All of these scientists, NGOs, individual elected Canadians and those from the unelected other place worked diligently and did their homework with one aim only: to end a practice that we all know is wrong.

It is a great honour for me to have overseen this private members' bill. It is a great honour.

I am surprised by the tremendous support that this bill has received across Canada. At this time, I would like to say just one thing: thank you.

I thank everyone involved and am in their debt, as are our wonderful free whales. Although it was certainly an accident of fate and Parliament that the bill was brought forward by Senator Wilfred Moore, I will say once more “Free Willy”.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions]

Madam Speaker, I thank the leader of the Green Party for her contribution to today's debate and for her contributions every day in the House. They are always welcome and always to the point.

I want to ask her about an important aspect she mentioned in her comments today on Bill S-203. It is the notion of the sentient nature of so many of the creatures that exist on our planet. For a long time, even when many of us were much younger, we learned about dolphins, but a bit less about whales, and that sentient nature. Perhaps the member could elaborate on how that science and evidence is developing and what the next frontier holds in further protections, beyond whales and dolphins, with respect to the animal kingdom and the species that exist on this planet.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, having had a chance to look at my list, I am mortified that I had not said the correct riding of someone who played a huge role, and that is the hon. member for Port Moody—Coquitlam. I want to ensure that is on the record.

The science increasingly tells us that it constitutes cruelty to animals to take these cetaceans and keep them in confined spaces. They communicate as families. They communicate as communities. They use language. The communication requires space and range. They are creatures that travel enormous distances. Part of the health of the animal requires being able to function in community.

We saw it in the wild this summer when one of the members of our southern resident killer whale population gave birth to a calf that died almost immediately. The mother of that whale pushed her calf through the water on her nose, keeping it above the water, although dead, for an astonishing 17-day period of mourning.

It is certainly not possible to imagine that these creatures could live in swimming pools. The science is clear.

[Chris Bittle, Liberal, St. Catharines, ON]

Madam Speaker, I would like to thank the hon. leader of the Green Party for her work on this file.

Being a member from Niagara, we have an unfortunate place, and I do not know how else to describe it, in the backyard of my riding, which is Marineland. It is quite troubling to see such incredible animals being confined to such horrible conditions in small tanks. I had the fortune to see these animals in the wild, travelling kilometres at a time.

Could the hon. member comment on that business model? Hopefully, this bill will push Marineland to develop a new business model where tourists and residents of Niagara can be proud of something in our background.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, it is a difficult thing. When this bill came forward, two facilities in Canada held cetaceans in captivity. Vancouver Aquarium quite rightly made a decision voluntarily, which was very controversial within decisions made by the Vancouver city council, that it would no longer hold cetaceans in captivity. However, Marineland has taken a different approach, which is to fight the bill tooth and nail.

I hope Marineland can adjust its business model. It is a fantastic tourist attraction. It is in a perfect location. I am not a marketer, but if I were, I would suggest it talk to the people at Cirque du Soleil. I would suggest it convert that swimming pool for whales, which is a cruel living condition, to brilliant acrobats dressed as mermaids, cavorting on trapezes up and down, and attracting crowds like they have never seen before. Then we can all say with big smile on face: “Everyone loves Marineland”.

[Rob Nicholson, Conservative, Niagara Falls, ON]

Madam Speaker, this debate will continue, but I want to ask the hon. member if she has had an opportunity to compare what is in her bill to what is in the government's Bill C-68, which is now before the Senate. That bill covers a lot of ground, but a number of the issues are very similar, if not identical, to what is in her private member's bill. I will ask her to comment.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, to my dear friend from Niagara Falls, I would say that Bill C-68 is a terrific piece of legislation. It does ban the taking of whales from Canadian waters, but it does not speak to the pith, substance and core of this bill, which is that people cannot continue to hold them in captivity, cannot breed them for captivity and cannot keep whales in captivity.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions]

Madam Speaker, I rise today to join this important debate on Bill S-203, an act to amend the Criminal Code and other acts with regard to ending the captivity of whales and dolphins.

Both I and my constituents in Parkdale—High Park have anticipated this piece of legislation for some time since it moved from the Senate to this House. Now that it has returned from the fisheries and oceans committee without amendment, I am pleased to stand and speak in favour of this bill. It is important to highlight the important work that was done by a unanimous fisheries and oceans committee to get it back before this House expeditiously.

Before I speak to the substantive elements of the bill, I want to add my voice to the voice of the leader of the Green Party and thank the Senate sponsors for this bill, the now retired Senator Wilfred Moore and Senator Murray Sinclair, who carried the bill forward after Senator Moore's retirement. I want to thank as well the House of Commons sponsor, the hon. member for Saanich—Gulf Islands, who commenced this debate today. All of these individuals have been tireless advocates for this legislation, and their activism and advocacy has helped carry Bill S-203 to this point we are at this afternoon.

The bill itself seeks to prohibit the taking of a cetacean into captivity and will amend the Criminal Code to create offences respecting cetaceans in captivity. It will also amend other acts to require a permit for the import of a cetacean into Canada and the export of one from Canada.

I want to begin by tracking our government's progress on the commitment to promote animal welfare rights in Canada and abroad. This is an important issue to me and the constituents of my riding of Parkdale—High Park, as I frequently hear from them about the work we must all do collectively to ensure the welfare of animals. Since 2015, we have made progress on this commitment.

In my role as Parliamentary Secretary to the Minister of Justice, one of the pieces of legislation I have had the privilege of working on is Bill C-84, an act to amend the Criminal Code in relation to bestiality and animal fighting. That bill will make important amendments to our Criminal Code to change the definition of bestiality and expand the animal fighting provisions to capture more of this conduct and ensure offenders are brought to justice.

This week is indeed a momentous week in this chamber, because it was only this week that Bill C-84 received third reading and was then sent to the Senate. I, along with many others, look forward to its study and its eventual passage there. In the same week that we dealt with Bill C-84 in this chamber, we are dealing today with Bill S-203. It has been an important week for animal rights in this country.

With the help of stakeholders such as farmers, industry groups, provinces and territories, and veterinarians, our government has also been active on ensuring proper and humane animal transport. Federally, the Canadian Food Inspection Agency, the CFIA, administers the enforcement of regulations related to animal transport, and plans are under way to modernize the regulations and humane transport provisions of the health of animals regulations. These have not been updated since the 1970s. The need to reduce animal suffering during transportation is clear.

In 2017, we also announced an investment of $1.31 million to an entity known as the Canadian Animal Health Coalition, the CAHC, to help ensure the safe transportation of livestock, develop emergency management tools for the livestock industry and improve animal care assessments.

We have also been engaged with stakeholders on the topic of animal welfare during the slaughter process. The stakeholders in my riding of Parkdale—High Park have spoken to me repeatedly about the need to ensure that animals are handled humanely at all points of their lives and that the high standards we expect regarding animal treatment are upheld. I absolutely agree with their sentiment that this kind of protection must be a priority, which is why I currently serve as a member of the Liberal animal welfare caucus.

Let us get back to the bill before us, Bill S-203.

Scientists agree that whales, dolphins and other extraordinary marine mammals like them should not be kept in captivity or bred in captivity, and that doing so amounts to cruelty.

Additionally, it is well documented that the live capture of cetaceans and their transport to a foreign habitat harms the natural habitat where the cetaceans originate. At a time when oceans are under increased threat from a number sources, such as habitat destruction, coastal pollution, overfishing and global warming, which all harm these cetaceans, we can scarcely afford to be keeping them in captivity.

We must also think about the difficult living conditions for cetaceans that live in a confined space, such as an aquarium, without the social contact and normal activities most cetaceans in the wild would enjoy. Those that live in captivity suffer from a higher rate of physical health issues and a lower life expectancy.

As well, calves generally suffer from a much higher mortality rate and a lack of emotional connection to others of their species as a result of the limited space when they are in captivity.

Therefore, where we may have seen whales, dolphins and other cetaceans in an aquarium as a form of entertainment in bygone years, in many cases we now realize that it actually amounts to animal cruelty. Thus, our government firmly agrees that the capture of cetaceans for the sole purpose of being kept for public display should be ended.

Importantly, while the banning of whale captivity is not yet in law, the practice has been in place for some years now, which is a good sign. Bill C-68, which was mentioned earlier in today's debate in one of the questions by a member opposite, was introduced by our government. It is currently in the Senate and passed in the House in June of last year. It includes amendments to end the captivity of whales unless for rehabilitation. This legislation now before us is the next step, the next important step, in ensuring the safety and security of these intelligent and complex creatures.

Presently, as was mentioned by the Leader of the Green Party, there are two aquaria in Canada that are holding cetaceans: the Vancouver Aquarium, in British Columbia, and Marineland, in Ontario. The Vancouver Aquarium, which is a not-for-profit institution, currently has a Pacific white-sided dolphin, which was rescued from the wild and deemed not releasable, as well as five belugas on loan to aquaria in the United States. The Vancouver Park Board has not permitted the aquarium to hold cetaceans captured from the wild for display purposes since 1996, but it does work with the Department of Fisheries and Oceans to respond to cetaceans in the wild requiring rescue and rehabilitation. Marineland holds the remaining balance of cetaceans, including one orca.

The Minister of Fisheries and Oceans retains the authority to issue a licence for the capture of live cetaceans. However, only one such licence has been issued over the past decade, and that was for the rescue and rehabilitation of a stranded Pseudorca calf. No licence has been issued for the purpose of displaying a cetacean publicly in over 20 years. As stated earlier, it has been the practice of successive Canadian governments that cetaceans not be captured or placed in captivity unless for rehabilitation.

It is also important to note the elements of Bill S-203 that relate to the protection of the rights of indigenous peoples, some of which feature whales and dolphins as a key component of their culture and traditions. These provisions were not initially part of the bill, but through the significant consultation process that took place while Bill S-203 was being studied in the Senate, the bill was sufficiently and appropriately altered.

It is essential to consider and address the needs of indigenous peoples. This is something I have heard frequently from the knowledgeable, engaged constituents of my riding of Parkdale—High Park and literally from people right around the country. They have always echoed to me that we in this place, as legislators, must apply an indigenous lens to all the legislation, government or otherwise, that comes before us. I am pleased to see that this is in fact exactly what was done in the Senate when it engaged in those consultations.

This legislation complements our government's work, which I have outlined. We are committed to the recovery and protection of marine mammals. This commitment is evident through another investment we have made, which is a $1.5-billion investment in what is an historic oceans protection plan that would help restore our marine ecosystems, in partnership with our indigenous partners.

As well, there has been a five-year $167-million investment in the whales initiative, which would take concrete steps to help endangered whales and reduce the impact of human-caused threats. Our latest announcement was $61 million for measures in support of the southern resident killer whale population off the coast of British Columbia.

Bill S-203 is one aspect of the support our government is giving to marine animals and their habitat. Bill S-203 is also supported by some significant leaders in the field of marine science and animal welfare, including Humane Canada and Animal Justice. Even the former head trainer at Marineland, Mr. Philip Demers, has expressed support for the measures in this bill.

What I think we are seeing here with Bill S-203 is the proper and necessary evolution of rights protections for animals in this country. It is a bill whose time has come. It is a bill I am very proud to support on behalf of my constituents and as a member of the government. I urge all members to do the same.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Madam Speaker, it is a pleasure to rise to speak to Bill S-203, an act to amend the Criminal Code and other acts, ending the captivity of whales and dolphins.

The proposed bill amends the Criminal Code to create offences respecting cetaceans in captivity. It also amends the Fisheries Act to prohibit the taking of cetaceans into captivity and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to require a permit for the import of a cetacean into Canada and the export of a cetacean from Canada.

The bill seems to be falling under the same umbrella, the same mode of operation of the government. It is being rushed through the House.

I was not able to attend the Standing Committee on Fisheries and Oceans the day the bill was debated clause-by-clause, where amendments might be considered and brought back to the House. It is my understanding that even the Liberal government drafted and put forward four amendments to the bill. The Liberals could see the bill was flawed. They drafted corrections to a bill that had been out there for a lengthy period of time. However, when it came time to debate those amendments, the Liberals drew them back. It was speculated that they did that because of pressure from outside groups behind closed doors, under cabinet confidence, something the public cannot have access to, to withdraw those amendments.

That is a concerning factor for me. As the deputy shadow minister for Fisheries, Oceans and the Canadian Coast Guard and a member of the Standing Committee on Fisheries and Oceans, we seem to see a trend recurring over and over again. The government promises consultation and claims to consult with locals and the people who are affected by changes to laws or regulations, the businesses, the aquariums, the fishermen. After the Liberals have done all that supposed consultation, they go behind closed doors where they appear to be lobbied by foreign interest groups, special interest groups. That lobbying seems to have more effect than the open and transparent consultation process that should take place with an open and transparent government, which, unfortunately, seems to be lacking right now.

Bill S-203 has been rushed through the House of Commons, without study. In the short time members of Parliament have had the bill, many issues have been flagged. These issues range from constitutional concerns to practical considerations that have been simply overlooked. This happens when legislation is rushed through and not carefully considered. Had the members been given more time to review and study the bill, many of these problems could have been solved with simple amendments. These amendments would benefit cetaceans, Canadians and stakeholders alike.

Another major issue was flagged recently in Bill S-203, which could impact hundreds of thousands of Canadians and their vacation plans over time. As it currently reads, Bill S-203 could negatively impact Canadian travel and tourist industry. More specifically, Bill S-203 could negatively impact travel agencies and Canadian vacationers who travel abroad and visit captive cetaceans in other countries. It has been argued that this is not the case, but the legal advice cannot irrefutably dissolve this. They cannot say for certain that this is not the case. It will take a court decision to say whether it is the case.

I have a letter from Marineland that raises the concerns in great detail and I will quote from that letter:

There was considerable discussion at the House of Commons Standing Committee on Fisheries and Oceans with respect to the prohibition on using cetaceans in performances for entertainment purposes and the broadness of the legislation. The section reads:

“(4) Every one commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive cetaceans are used for performance for entertainment purposes unless such performance is authorized pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.”

A plain reading of the legislation offers no ambiguity. 'Every one' means every human being in Canada commits an offence when they do any of the following “promotes, arranges, conducts, assists in, receives money for or takes part in.”

Travel agents in Canada promote and receive money for selling such excursions to constituents of yours who then 'take part in' and many end up 'promoting' the experience on their own social media in Canada.

The exemption that is proposed in the section will not apply to the shows that today travel agents in your communities are actively promoting and receiving money from, nor will it apply to your constituents who take part in these shows and may promote it by encouraging others on social media to participate in similar shows in the future.

Department of Justice lawyers were not able to refute Marineland of Canada's contention that travel agents who 'promote' and 'receive money from' selling tickets to such shows occurring outside of Canada will not be criminally charged for doing so.

While Marineland of Canada is not concerned about this clause of the legislation impacting our facility, as we simply will not offer such a show for entertainment purposes, we believe this clause highlights the perils of using Private Members' legislation originating in the Senate to amend the Criminal Code of Canada.

We've reviewed travel agency offerings throughout Canada and have found that there are travel agents in every single Canadian province that promote and sell tickets to, and therefore receive money from, captive swim with the dolphin experiences and captive cetacean shows that will be covered by S-203.

The Department of Justice lawyer suggesting it is unlikely these people, or Canadians who urge their friends on Facebook to swim with the dolphins on their next trip, will not be prosecuted does not go far enough in addressing what is clearly a flaw in S-203.

Every single Canadian has a positive obligation to comply with all relevant sections of the Criminal Code at all times, and simply stating that while an act might be illegal, because the person breaking the law is unlikely to be prosecuted, is not OK.

If members pass S-203 with the current wording contained in the 'entertainment prohibition', you will be criminalizing the actions of vacationers from your riding who head south and participate in these lawful activities and the travel agents in your riding and Province who sell these excursions.

Is it truly the intention to leave Canadians in a position where posting about their lawful experience in another country can become a criminal offence if they encourage others to swim with dolphins when they go on vacation?

Is it truly the intention to criminally charge travel agents in your riding for selling vacations to Hawaii, Mexico, Cuba, the Bahamas and including an excursion that involves swimming with dolphins or a captive cetacean show?

As it is currently written, that is what the legislation would do and what members would be endorsing if they voted in favour of it. It will certainly be of interest—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Unfortunately, the member's time is up. I am sure he had more to say, but I am sure that at some point his colleagues will be able to add to his comments.

Resuming debate, the hon. member for Sherbrooke.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Madam Speaker, I am pleased to speak to this bill on behalf of the people of Sherbrooke. I know that the majority of them will support this Senate bill, which is now at third reading.

I want to keep this brief so the bill can move on to the next stages and go for royal assent, which will hopefully come soon.

On behalf of the New Democratic Party, I am pleased to say that I support this bill, which is simply designed to end a practice that has been recognized as cruel, namely keeping cetaceans in captivity.

I do not think anyone in the House would challenge the validity of the scientific evidence showing that cetaceans are highly intelligent creatures that deserve to be treated well so that they too can live a happy life. No one would argue with that. The science on this point is very clear.

This bill is simply aimed at preventing the taking of cetaceans into captivity, except for certain worthy motives, such as rescue, rehabilitation and certain kinds of monitoring that must be done in a respectful manner and, ideally, in their natural state for scientific research purposes.

I think this is a reasonable, well-balanced, common-sense bill that the people of Sherbrooke are sure to support.

We need to rely on scientific data and evidence, which show that cetaceans have a reduced lifespan when they live in captivity. The infant mortality rate is higher, and the facilities that keep them in captivity cannot meet their social and biological needs. They need a lot of space to live. That is a recognized fact and the fundamental reason why this is a good, common-sense bill.

Regardless of the size of the facility, there is no way it can be big enough to meet all of the social and biological needs of cetaceans. They get bored in captivity. They cannot swim as they would in their natural habitat. They cannot swim in a straight line, swim long distances or swim in deep water. When they are in captivity, they spend about 80% of their time at the surface of the water, which is completely unnatural for them. In their natural habitat, they spend 90% of their time under water.

In captivity, they are fed because they obviously cannot use their sophisticated hunting methods to obtain food. There is simply nothing for them to hunt in their confined spaces. Their diet in captivity is not as varied or nutritious as what they could find in the wild.

They suffer from loneliness, separated from their pods. They generally end up alone. Sometimes they are even separated from their mother and sent elsewhere to be kept in captivity and put on display for the public.

They also suffer from the absence of sounds that they would normally hear in their natural environment. These sounds do not exist in captivity. Sometimes their tanks and interactions with the public cause considerable ambient noise, producing sounds they would not hear in nature.

All these things cause cetaceans to suffer when they are in captivity. This has been proven, and it is extremely cruel to continue this practice.

This is why Canada must take a leadership role. A few weeks or months ago, the public became aware of this issue when they saw several dozen cetaceans being held in captivity in Russia in very small pens and in water much colder than they are used to. They cannot swim to stretch their muscles. Everyone was horrified by these images. Everyone in Canada, Quebec and Sherbrooke expects Canada to set an example and to not stand for this in our country.

The bill is sensible, reasonable and balanced. A vast majority of people in Sherbrooke agree that this practice must be stopped. Canada must step up on the world stage to put an end to this practice around the world and to make sure that we are not complicit in such cruel practices.

I want to congratulate the senator who introduced this bill as well as the bill's sponsor in the House and all those who contributed to the debate to move this bill forward, so that it will receive royal assent as quickly as possible. I will stop here. I want to make sure that this bill moves forward and will receive royal assent as quickly as possible.

[Nick Whalen, Liberal, St. John's East, NL]

Madam Speaker, I rise today to speak to Bill S-203, an act to amend the Criminal Code and other Acts, also known as the act for ending the captivity of whales and dolphins.

The bill proposes changes to three acts: the Criminal Code, the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, an act whose name did not advantage of creative acronym design.

I want to begin by first stating that I am indeed, like Canadians across the country, in favour of the bill and I know this government supports this bill.

I actually deferred my opportunity to speak on my own private member's motion, Motion No. 196, and work with the member for Saanich—Gulf Islands in order to help advance this important legislation before the session ends. Who knows, maybe I will not get the opportunity to speak on my motion, but I know this is very important to Canadians. Seeing it so close to the finish line, it felt like it was the right move to make. I am honoured by the small role I may have been able to play in advancing the common good across party lines and between the other place and this place.

I also want to highlight the Liberal members of the Standing Committee on Fisheries and Oceans, who passed the bill unamended at committee.

The bill has progressed thanks to their leadership and is now even closer to being passed after years of debate in the Senate.

There is no doubt, as we have come to learn more about the living needs of whales and other cetaceans, that keeping them in captivity is simply the wrong thing to do.

Support for a ban on keeping whales in captivity has grown and is continuing to grow, not only in Canada, but around the world.

Canadians can see some of Canada's most majestic marine animals in their natural habitat all around Newfoundland and along all our coastlines from St. John's, Newfoundland, and Vancouver Island to the Arctic and Chaleur Bay.

We know from research on these animals that living in captivity is far from being in their best interest and that is why Canadians across the country have shown continued support for the banning of whales in captivity.

I would also like to add that while the banning of whale captivity is not yet in legislation, the practice has been in place for years in Canada, and our government continues to support this.

Licences for the capture of live cetaceans are issued only by the Minister of Fisheries, Oceans and the Canadian Coast Guard for scientific research or rehabilitation.

In the past 10 years, as we have heard, only one licence has been issued for the rehabilitation of a live-stranded pseudo-orca calf.

Our government has also taken notice of the growing concern to ensure cetaceans are not being captured for the sole purpose of being kept for public display. That is why our government introduced Bill C-68, which is currently before the committee in the other place, and we hope will be reported out of the committee next week. It contains amendments that would prohibit the captivity of whales and would allow the minister to put in place regulations to ban the import and export of cetaceans.

Today, there are only two facilities in Canada that house cetaceans: Marineland in Niagara Falls, Ontario, and the Vancouver Aquarium in British Columbia.

Marineland is a commercial facility with approximately 60 cetaceans. Most are belugas with one being a killer whale.

The Vancouver Aquarium is a not-for-profit facility and has one cetacean at its facility, a 30 year-old Pacific white-sided dolphin that was rescued from the wild and has been deemed to be unfit for release back into the wild. The Vancouver Aquarium works with Fisheries and Oceans Canada to rescue and rehabilitate marine mammals in distress.

We know we must do more to keep protecting cetaceans. That is why we need to send a clear message through legislation that whales do not belong in captivity. Today we are debating the importance of keeping whales in the wild, but I also want to emphasize the importance of ensuring their marine habitats are protected.

Over the past few years, the government has made real investments to protect and conserve our marine environment. In 2016, the Prime Minister announced $1.5 billion dollars for the oceans protection plan, which has since funded 55 coastal restoration projects, helped to address threats to marine mammals from vessel noise and collisions, increased our on-scene environmental response capacity and much more.

As part of budget 2018, this government also announced $167.4 million for the whales initiative, which has further funded recovery plans for endangered species, such as the southern resident killer whale, the beluga whale and in my area of the world, the North Atlantic right whale.

Our government continues to take action to protect our environment. We recently announced new standards for marine protected areas to ensure that ecologically significant areas are not disturbed by oil and gas exploration. This measure was introduced in response to the recommendations of an independent expert advisory panel on marine protected areas. This announcement was well received in Canada and around the world.

Our move toward protecting important marine environments will help ensure a good future for a healthy ocean and the health of marine species such as whales and dolphins. However, I really cannot say enough about the oceans protection plan; infrastructure; coastal restoration; the abandoned, derelict and wrecked vessels programs; arctic marine protection; science and research and the pilotage review.

In my riding of St. John's East, there is an institute called the Marine Institute. I had the good fortune to be there in September 2011 with the minister of fisheries and oceans and the Canadian coast guard at the time, now our good friend from Beauséjour who is on leave, the former minister of veterans affairs, now the Minister of Indigenous Services, and my good friend and colleague the member for Avalon to announce important work that is being done to restore marine habitat in Avalon using expertise that comes from the university in my riding, the Marine Institute.

We announced a program to re-establish the eel beds in Placentia Bay to increase that habitat. That is where lots of species, including scallops, shrimp, cod and whales, start their lives. It is important to protect these areas to improve the health and ability of our oceans to be fully functioning in certain areas where they have become damaged due to industrial activity.

This particular project is small in comparison to the overall total. It is about $7.4 million. Although it was announced on my wedding anniversary, my wife was not too upset. We had an opportunity to celebrate later. The money is actually already being spent. Last summer, scientists were able to go into Placentia Bay, do the diving and begin that restoration work in Placentia Bay that will pay dividends for years to come.

It is wonderful to work with the member for Saanich—Gulf Islands on this. As we did a little social media earlier, a lot of people came back to me and asked some important questions on how our government can be supporting industrial activity in the oil and gas sector and at the same time support environmental protections. They felt that it was counterintuitive or perhaps even contradictory. That could not be further from the truth.

The only way the government can move forward, protect the environment and fund the transition of our economy to a clean economy is with economic growth from our traditional sectors in resource development. We must continue to work on the demand side, and this means the purchasing decisions made by consumers and how they engage in their daily lives, and at the same time allow our natural resources sectors to engage in environmentally responsible development so that we can tap into export markets.

We cannot allow countries that do not have good environmental records to capitalize on oil and gas profits from their exports and not allow our industry to thrive. That is why our government, at the same time it is doing all this great work to help whales in the wild and help prevent whale captivity, is also funding the Trans Mountain expansion and has recently approved, with many conditions, continued exploration for two projects on the northeast coast of Newfoundland and Labrador for oil exploration. ExxonMobil and Equinor now have the opportunity this summer and over the course of the next decade to drill exploratory drills in our waters, subject to conditions that protect the right whales and protect our oceans. We will use this prosperity to fund things like the oceans protection plan.

In closing, let me say that I am very pleased to be here today to join with Canadians from coast to coast to coast who have come out in favour of ending the captivity of whales. Whales have been kept in captivity for too long, and that has to change.

Whales do not belong in captivity; they belong in the wild. I encourage all members to support this legislation.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, I am pleased to join the debate on Bill S-203, for which I have received a fair volume of correspondence from constituents in my riding of Calgary Shepard, whom I am pleased to represent. A lot of them were sent to me on behalf of various organizations across Canada that have been promoting Bill S-203 as a solution to cetaceans in captivity.

Before I continue on with the bill, I want to make one mention. The member for St. John's East had the best observation regarding a Senate bill I have ever heard in this chamber when he said it did not take advantage of creative acronym design. It has been four years and I will give him that. How acronyms are created with certain bill is probably one observation I have not made, so I will give him kudos for that one, but not for the content of what he said, especially on the oceans protection plan, which is a $1.5-billion plan, with very little spending so far. The Coast Guard ships that have been built are still in dock in Nanaimo with no crews to service them and make them ready for use in the field. I have not seen any actual spending of the dollars associated with the plan. That is the first part of my reply to what he mentioned.

With respect to the substance of the bill, I feel the need to provide an introduction. I have been writing back to my constituents who have been writing to me on Bill S-203, and I have had some back-and-forth conversations with a few of them on disagreements over some of the technical aspects of the bill.

One thing I want to mention is that the bill broaches a certain area of provincial jurisdiction—animal welfare laws, typically—by going after the Criminal Code. It is a way for Parliament to make a judgment call about a certain practice in Canadian society. In this case, it is the captivity of cetaceans.

I share the same concern that a lot of my constituents have and that a lot of members of Parliament in this chamber have expressed over the necessary protection of whales, dolphins and other aquatic animals, which is that nobody wants to see them suffer. The member for Sherbrooke brought up an example of what happens in the Russian Federation. Of course, there are examples all over the world of abhorrent animal husbandry and captivity practices that most of us would say are brutal and should not be happening. Unfortunately, they do, because people use animals for entertainment purposes and to generate an income.

With respect to some of the historical aspects, as I think another member mentioned, there have been no live captures since 1992, although it is true that beluga whales and bottlenose dolphins have been imported from foreign sources.

It has been reported in various CBC articles and other media that parts of this bill seem to be veering into areas of provincial jurisdiction over animal welfare laws. Ontario has already banned the captivity and breeding in captivity of orcas, which is one of the concerns I had with the bill going the route of amending the Criminal Code. Perhaps it is more of a process issue that I have.

Going back to the previous debate we had earlier today on Bill C-55, with respect to the intent of a bill like this one, Bill S-203, I do not think many members disagree with the principle of the matter; rather, it is the execution we have concerns with.

There are a few scientists I am going to quote, some of whom provided testimony at committees and some who of whom provided feedback through correspondence that the member for Cariboo—Prince George and I have received.

I want to mention that this is a very unusual bill, because it has received review at over 17 committee meetings in an eight-month period. It was tabled way back in 2015 and has been on the public record for quite a long time. It has been debated for quite a long time. It had what I would say was a difficult process through that other place, the Senate chamber, with several senators expressing deep concern over the technical aspects of the bill in its interaction between provincial laws and federal jurisdiction over the Criminal Code. That area is where I am going to express some of my concerns as well.

The provinces are responsible for passing animal welfare laws. In this chamber we have pronounced ourselves on matters affecting what I would also think are areas of at least partial provincial jurisdiction, as in the bestiality bill the Parliamentary Secretary to the Minister of Justice mentioned earlier. I do not think there is anything wrong in going the route of the Criminal Code, but in this case in particular the member for North Okanagan—Shuswap mentioned that it could potentially criminalize individuals that the law did not intend to criminalize, such as the booking of travel vacations or some service provision in tourism.

I do not think that was the intent of the law. However, I have seen before, as I mentioned in the House on Bill C-55, that with regulations passed by officials, written by officials and confirmed through the gazetting process that the Government of Canada has, the intention is typically lost. Nice words are shared by officials about the intent of the bill when the members of Parliament and senators express their will by passing a piece of legislation, but then the actual execution is not there.

Sometimes this debate among officials lasts well over a decade, two or three decades of quibbling over exactly what the law permits one to do and to whom it can apply. I think the concerns expressed by the member for North Okanagan—Shuswap on our side are that the lens with which the Criminal Code will be applied may be broadened by officials in the departments at a later point, far beyond the lifespan of any member here, or at least our elected lifespan. I wish all members good heath.

I think there is a concern there about that mission creep, about going after individuals or applying the law to individuals whom we had not intended it to be upon. That is why many amendments were moved at committee by the opposition side to try to improve and clarify this particular piece of legislation, of course not to obstruct it. Attempting to amend a piece of legislation is never about obstruction. It is about an improvement to the bill, especially when the intent is there. The technical aspect, the delivery of the bill and its execution, is perhaps lacking.

I want to mention the scientists. The member for Cariboo—Prince George previously made comments about an email from Dr. Laura Graham, a professor at the University of Guelph. I am going to read the quote, and then perhaps I can express some of my thoughts on the scientists' view on the impact that this bill would have.

The member for Cariboo—Prince George said:

Her speciality is endocrinology and reproductive physiology of wildlife species, including looking at factors that can impact the welfare of wildlife species managed by humans and using science to solve some of the challenges wildlife managers face as they work toward optimizing the welfare of animals in their care.

Thereafter, that information can be used in the general practices of the Crown when it is managing wildlife populations on behalf of Canadians. I am going to read a direct quote from the correspondence that the member for Cariboo—Prince George read, so that I can remind the chamber of what Dr. Laura Graham said:

As an expert in endangered species physiology I can tell you that this bill is short-sighted and will do irreparable harm to critical research on the marine mammals listed under SARA, including the Salish Orca. Over 90% of what we know about marine mammal biology is based on research on individuals under human care. And we need these captive animals to develop research techniques that can be applied to free-ranging animals.

The discussion goes on from there. The quotations given by this particular specialist, I think, are really important to keep in mind.

Many members have said that the economic operations of the aquariums, and those operations that save marine mammals and then perhaps keep them temporarily in captivity so that they can nurse them back to health, typically have some research component. It is never a purely economic operation.

Again, I could be wrong in the case of Marineland, which seems to be the best example being used. I am a member from Calgary, after all, so I do not head out to Toronto too often. However, on this particular piece of legislation, I think the intent is there but the execution is lacking. As I read from the scientist, I think there will be harm done on the research side of things that we were not able to fix at committee. In eight months and 17 committee meetings, we were not able to reach that mechanical fixing of the bill.

That is why I will be voting against this piece of legislation, just as I have been telling my constituents that I would. I implore all members to look at that fact and to vote against this particular law.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the Order Paper.

It being 2:30 p.m., the House stands adjourned until Monday at 11 a.m. pursuant to Standing Order 24(1).

I wish all mothers a very happy Mother's Day this weekend. Members, do not forget to spoil your wives.

(The House adjourned at 2:30 p.m.)