Bryon Wilfert

[An Act To Amend The Criminal Code (Cruelty to Animals and Firearms) and the Firearms Act, May 10th, 2002]

Mr. Speaker, it is my pleasure to rise today to speak to Bill C-15B, specifically the cruelty to animals provision of the bill which is of particular concern to residents in my riding. I will be addressing three specific aspects of the bill: the definition of animal, private prosecutions under the bill, and the inclusion of the terms wilfully and negligently

I will begin by discussing in general terms the objectives of cruelty to animals provisions in the bill. Bill C-15B has two primary objectives: to consolidate, modernize and simplify the existing scheme of animal cruelty offences; and to increase existing maximum penalties and provide new sentencing tools to enhance the effectiveness of the offence provisions.

The first objective would be achieved by removing inconsistent and confusing terminology. It would also achieved by removing archaic distinctions between different types of animals. For example, section 444 deals exclusively with cattle, which I note are defined in the criminal code to include other named domesticated animals as well. Section 445 deals exclusively with animals kept for a lawful purpose and subsection 446(1)(f) deals only with birds.

The amendments would further rationalize the law by distinguishing between offences of criminal negligence and offences requiring subjective intent and providing separate penalty regimes for each type of offence.

Creation of a new part of the criminal code for animal cruelty offences would further the aims of modernization and simplification. The new part would better reflect the policy of the existing law, in place since 1953, that society has an interest in protecting animals from intentional cruelty and criminal neglect and that this interest is independent of their status as property.

However, because the offences were left in Part XI, a part of the code dealing with offences in respect of certain property, there is a lack of clarity and consistency in the law about the fact that animals, whether property or not, have a capacity to feel pain. It is the capacity to feel which is addressed by prohibitions against the infliction of unnecessary pain, suffering or injury. Creation of a new part would be a more accurate reflection of the principle upon which the law is based.

Those involved in the investigation and prosecution of cruelty offences report that some criminal justice officials fail to treat cruelty offences with sufficient seriousness, tending to view them as property crimes, such as simple mischief.

There is growing evidence of a link between cruelty to animals and violence against people, including domestic violence and even child abuse. In recognition of this link, animal cruelty offences are best viewed as offences of violence. The continued classification of these offences as crimes against property interests fails to educate the public and the justice system about the true nature of the crimes.

A new offence would also be created to cover a gap in the current law. Under the present law, a person with a lawful excuse for killing an animal is prohibited only from doing so in any way that causes unnecessary pain. This means that a person might use depraved methods of killing an animal for sheer enjoyment and so long as the animal dies instantly, no offence is committed. Although the animal has been spared pain or suffering, society recognizes that brutality or vicious conduct is outside the scope of acceptable behaviour and in fact may pose a serious threat to society at large. Such conduct could include tying an animal to a railroad track, fastening an explosive device to an animal or putting an animal in a microwave oven, of which we have seen cases. The new offence is created to update the law so that this type of behaviour would be punishable.

The second objective of the animal cruelty provisions in Bill C-15B would involve enhancing available penalties. This would be achieved by making existing summary conviction offences dual procedure, allowing the crown to proceed by way of indictment for the more serious offences. Where the crown proceeds by indictment, maximum penalties would be increased to five years for offences of subjective intent and two years for offences of criminal negligence. An amendment adopted by the Standing Committee on Justice and Human Rights raised the maximum fines available for intentional cruelty and criminal neglect where the offence is proceeded with by summary conviction to $10,000 and $5,000, respectively.

The maximum duration of an order prohibiting an offender from owning or having custody of an animal has been extended from two years to life. The courts are given a new power to order a convicted offender to repay to a person or to an organization the costs associated with the caring for the animal in respect of which the offender was convicted.

The term animal is defined in Bill C-15B as a vertebrate, other than a human being, and any other animal that has the capacity to feel pain. Some people suggest that this definition is too broad. The definition is actually narrower, not broader, than the existing law. Under the current cruelty provisions animal is not defined. At the present time the courts are free to interpret the word animal in accordance with everyday meaning resulting in an interpretation broad enough to include most, if not all, members of the animal kingdom and certainly including many invertebrates. The definition is included to clarify and simplify the law by introducing a greater degree of precision in the law's application, and by providing a rational and principled definition which accords with the underlying purpose of the cruelty provisions.

From a scientific perspective, vertebrates are generally viewed as having sufficiently developed nervous systems to allow for sense and pain perception. They are therefore, as a group, all given protection under the law. However some invertebrates have a developed nervous system and therefore also must have the capacity to feel pain. It would be arbitrary to permanently and absolutely deny protection to some animals because they happen to be classified as invertebrates. Bill C-15B would create a mechanism that allows the crown to proceed in appropriate cases. The onus is on the crown prosecutor to prove beyond a reasonable doubt that the definition of animal has been satisfied.

A broad definition of animal is consistent not only with definitions found in some provincial statutes but also with statutes in the United States. The following may be of interest to members: “does not include a human being” is found in Alberta; “non-human living being with developed nervous systems” is found in Manitoba and New Brunswick; “includes every living creature” in the state of Arkansas; “every living creature except man”, in the state of Maryland; “does not include the human race, but includes every other human creature”, in the state of Nevada; and the list goes on. There is no indication that the definitions of animal used in these jurisdictions have generated inappropriate use of the legislation.

The concern has been raised that the new cruelty provisions would make it easier for interest groups to prosecute persons involved in legitimate practices involving animals. This argument is made even though the test of liability for intentional cruelty and criminal neglect in the bill has not been changed.

The investigation and prosecution of the criminal code offences are the responsibility of local or provincial police forces and provincial attorneys general. Attorneys general decide when to pursue a charge laid by the police. In some cases, humane societies are mandated with investigating and prosecuting cruelty offences. These humane societies are constituted by provincial or territorial legislation and they exercise statutory powers granted to them by the legislation.

In every case brought to the attention of criminal justice officials, a number of considerations are taken into account in deciding whether to proceed, including whether there is a reasonable prospect of conviction. Procedures that ensure pre-trial screening of charges by prosecutors are more prevalent now than they were in the past and provide an additional safeguard against frivolous or vexatious prosecutions. Some 100 years of experience with animal cruelty laws shows no evidence of inappropriate use of criminal law by authorities to attack standard industry practices.

Private citizens are generally entitled to lay a criminal charge. However, in every case the attorney general in the jurisdiction retains the ability to intervene and take over the charge, and may withdraw the charges.

[Criminal Code, May 9th, 2002]

Madam Speaker, in response to the hon. member, Parks Canada will continue to be active in the surveillance and monitoring, including maintaining the disease testing facility in the park and monitoring population levels of elk.

Parks Canada has been and will continue to be closely involved in responding to tuberculosis and the threat it poses to the ecological integrity and socioeconomic well-being of the Riding Mountain ecosystem.

This is a complex problem with no simple solutions and is a shared responsibility of those affected. It is not a simple matter of eliminating elk and deer from the ecosystem. The focus is on separating cattle and wildlife, reducing elk populations to lower densities so that the disease will not spread and continue testing and research. The focus is also on working in partnership with the cattle producers, local residents, the Canadian Food Inspection Agency and the province of Manitoba.

We are confident there is a strong program and partnership in place to deal with this very difficult issue raised by the hon. member.

[Criminal Code, May 9th, 2002]

Madam Speaker, Parks Canada recognizes that the presence of bovine tuberculosis in wildlife and cattle in and around Riding Mountain National Park is a very serious issue. Parks Canada has and will continue to take a responsible approach in responding to tuberculosis and the threats that it poses to the ecological integrity and the socioeconomic well-being of the Riding Mountain area. I would also like to explain the agency's position and actions in some detail.

Bovine tuberculosis is a non-native disease in wildlife in Canada. It was introduced into the Riding Mountain area by infected cattle in the early 1900s. There has been a history of controlling the disease in cattle in this area. By 1975 it was considered eradicated from cattle. In 1991 bovine tuberculosis was again located in cattle. In 1992 it was found for the first time in wild elk.

Since 1992 three cattle herds in the area have tested positive for bovine tuberculosis leading to their destruction. Ten wild elk have tested positive over the same period as has one white-tailed deer.

Parks Canada has been active since the disease was located in wildlife in 1992. Park staff have worked with the Canadian Food Inspection Agency and provincial wildlife officials to set up an in-park laboratory to test wildlife for the disease. Collectively they have tested more than 2,000 elk, moose and deer carcasses for the diseases.

Bear in mind that of those tested only 10 have been confirmed positive for bovine tuberculosis. Although the overall rate of tuberculosis in wildlife is still low, the Canadian Food Inspection Agency has confirmed tuberculosis in the wild elk population for the Riding Mountain ecosystem.

Parks Canada is well aware of the potential impact the incidence of tuberculosis can have on the Manitoba cattle industry. Incidences of tuberculosis also have potentially negative implications for the integrity of ungulate elk populations in the Riding Mountain area. Although elk are not at immediate risk to the presence of tuberculosis, we recognize that tuberculosis impacts on their future.

In response to these potential impacts, Parks Canada has taken a number of steps to manage the problem. In 2001-02 in response to concerns by Parks Canada, local producers and municipalities, a five year wildlife health action plan was developed by the interagency wildlife technical committee composed of representatives from the Canadian Food Inspection Agency, Manitoba agriculture and food, Manitoba conservation, and Parks Canada. The Manitoba Cattle Producers Association has recently become a member of the technical committee.

Key elements of the plan include communications; surveillance and monitoring; management action; and research. The actions are documented in the 2001-02 bovine tuberculosis management program implementation plan.

The interagency wildlife technical committee is responsible for communicating testing protocols, test results, and strategies and activities to local and provincial stakeholder groups, including the Riding Mountain liaison committee and the Manitoba Cattle Producers Association.

Parks Canada continues to be closely involved in developing strategies to deal with this disease. Parks Canada has initiated scientific projects dealing with the tuberculosis in the area, including a four year elk movement study conducted in co-operation with the University of Manitoba. Riding Mountain National Park of Canada is also actively participating in hay barrier fencing on local cattle producers' farms and is providing the Manitoba department of conservation with scientific information to aid in the reduction of the elk population outside the park through increased hunting opportunities.

[Payment Clearing and Settlement Act, May 9th, 2002]

Mr. Speaker, I welcome the opportunity to speak at third reading of Bill S-40, which amends the Payment Clearing and Settlement Act. The bill allows Canadian securities and derivatives clearing houses to be more efficient and competitive with their counterparts in the United States and other G-7 countries. In addition, the bill makes it easier for those clearing houses to lower their costs and also helps to keep trading activity in Canada.

The securities and derivatives industry is an integral component of Canada's financial sector. It provides a key function in the raising of capital and hedging financial risks through derivatives contracts. With almost 200 firms, approximately 37,000 employees and gross revenues in 2001 of $10 billion, the industry's contribution to the overall economy is indeed significant. Central to the industry's success are Canada's major exchanges and clearing houses. Let me take a moment to briefly review their roles.

As hon. members know, the four major exchanges in Canada provide centralized facilities for the trading of securities and derivatives. Each exchange specializes in a particular area. The Toronto Stock Exchange, for example, is the sole market for senior equities. The major market for junior equities is the Canadian Venture Exchange in Calgary, recently renamed the TSX Venture Exchange. The Bourse de Montréal is responsible for all non-commodity derivatives. Transactions involving agricultural commodity derivatives take place on the Winnipeg Commodity Exchange.

The clearing and settlement of trades on these four exchanges is conducted through three clearing houses, which are the focus of today's debate. The Canadian Depository for Securities, CDS, is Canada's national securities depository, clearing and settlement centre. The CDS is also a custodian of securities for federally incorporated institutions. The Canadian Derivatives Clearing Corporation, CDCC, is the clearing house for derivatives contracts traded on the Bourse de Montréal. The WCE Clearing Corporation, WCECC, is the clearing house for derivatives contracts relating to agricultural commodities traded on the Winnipeg Commodity Exchange. Hon. members may be interested to know that the WCECC has an agreement with the CDCC to provide certain clearing and settlement services for the WCECC.

Of course hon. members will note that there will be a test afterwards, so I hope the opposition is paying attention.

These three clearing houses enable consumers and businesses to have their securities and derivatives transactions settled in a timely manner and at a reasonable cost. They do this by providing clearing and settlement services and by acting as a central counter party to securities and derivatives trades. During the second reading debate on the bill I pointed out that securities and derivatives markets depend on these centralized services for a number of reasons. Because of their importance, I believe these reasons bear repeating.

First, securities and derivatives markets are critical in providing opportunities to raise capital for investments and hedging financial risks.

Second, securities and derivatives markets rely on the efficient and timely clearing and settlement of transactions through clearing houses.

Third, clearing houses take measures to reduce risks and costs in the settlement of transactions, measures such as requiring members to post collateral and to net their payment and delivery obligations with the clearing house.

If some hon. members are wondering why this legislation is needed, let me explain. Recent global changes have made it clear that the rules within which Canadian securities and derivatives clearing houses operate need to be updated. With globalization, rapid technological changes and consolidation creating an increasingly competitive environment in today's business world, the Canadian securities and derivatives industry must be able to compete with its counterparts in other countries if it is to remain healthy and sound. Unfortunately, a significant portion of Canadian securities and derivatives trading now occurs in the United States and will continue to take place there unless our industry is allowed to compete on a level playing field.

Hon. members may also be interested to know that any factors which negatively affect the operation of Canadian clearing houses and increase their costs also have a negative impact on securities and derivatives markets by reducing their efficiency and increasing their trade costs. One risk in particular that exists for these clearing houses, and which needs to be addressed, is the risk that a member may default before a transaction is settled, resulting in a financial loss to both the clearing house and its members.

As a central counter party, securities and derivatives clearing houses take measures to reduce this risk, as I mentioned earlier, by requiring members to post collateral and to net their payment and delivery obligations with the clearing house. However, this system makes it difficult for clearing houses in Canada to compete internationally. Laws in Canada do not fully protect netting arrangements and collateral posted with securities and derivatives clearing houses to the same extent that other countries do. This has a negative effect on the competitiveness of our clearing houses, as I have mentioned.

Stakeholders in Canada raised concerns about this problem to the government. For example, they pointed out that Canada's current bankruptcy and insolvency laws do not prevent court imposed stays from securities and derivatives clearing houses realizing collateral in the event that one of their members becomes bankrupt or insolvent. Stakeholders were also concerned that Canadian bankruptcy and insolvency laws add to the costs of their clearing house operations and of their members by increasing the costs related to the risk of a failure of one of their members. In particular, they noted the difficulty of convincing large international dealers to do business in Canada if our clearing houses face higher costs because they cannot enforce their netting and collateral agreements with members in the event of the insolvency of one or more members.

As a result, stakeholders suggested that the Payment Clearing and Settlement Act be amended to cover securities and derivatives clearing houses.

Let me digress for a moment and review the advantages provided by some of the other countries with which our clearing houses are in competition. In the United States, for example, bankruptcy and insolvency legislation generally exempts securities clearing organizations from court ordered stays and allows them to net the obligations of members and to realize their members' collateral. In the European Union, member states must ensure that securities settlement systems can net obligations and that the netting is legally enforceable and binding on third parties in the event of insolvency. In addition, collateral must be realized in a timely manner in any winding-up procedure.

Given how our major competitors function, it is imperative that changes be made to ensure that Canadian securities and derivatives clearing houses can compete with those in the United States and in Europe.

The government responded with the bill we are debating today. This legislation expands the Payment Clearing and Settlement Act to include legal protections for Canadian securities and derivatives clearing houses of their netting agreements and collateral posted by their members. These amendments protect netting agreements and prevent stays imposed by a court on the ability of securities and derivatives clearing houses to realize collateral in the event of the bankruptcy or insolvency of one of their members.

Bill S-40 would make Canadian securities and derivative clearing houses more efficient and more competitive with the United States and the G-7 countries. It would help keep trading activity in Canada.

Hon. members should keep in mind that the amendments are in line with recent recommendations made by the Bank for International Settlements with respect to securities settlement systems and securities clearing houses. In addition, they are in keeping with the commitment the government made in the Speech from the Throne in January, 2001 to keep Canadian laws competitive. Above all, the amendments have the support in Canada of financial sector participants and their associations, provincial governments and the insolvency community.

It is essential that Canada's financial sector remain strong, healthy and efficient. Bill S-40 would help ensure this. A competitive legal machine would help keep securities and derivative trading in Canada and assist the industry in attracting international dealers and brokers.

The legislation is not controversial. With the changes the securities and derivatives industry would more be competitive and thereby benefit the Canadian financial sector and overall economy. I urge all hon. members to give Bill S-40 speedy passage.

[Youth Week, May 7th, 2002]

Mr. Speaker, I am delighted to announce before the House today that the week of May 5 to 11 is youth week in Markham.

Markham Youth Week, organized by the Markham mayor's youth task force and local area youth councils, is in conjunction with International Youth Week which originated in 1995 and has rapidly grown to its present international status.

Youth week encourages collaboration on many levels: between young people of various backgrounds, community groups, and between young and old. Youth week will promote the opportunity to become part of building stronger and more sustainable communities. Various events will take place throughout the community to bring the youth of Markham and the surrounding areas together. I take this opportunity to commend their efforts.

With initiatives such as this we will promote and develop a generation of aware, competent and responsible leaders prepared to address the social and environmental issues that challenge us today, toward a brighter and healthier future.

[Microbreweries, May 3rd, 2002]

Mr. Speaker, we are listening. It is the opposition that is not listening. In fact, the beer industry asked us to move forward on Bill C-47. We are taking very clear steps in reviewing the information we received and we will respond accordingly.

The member across the way would have us respond in an inappropriate manner and not do the right thing. We will do the right thing. We will do the right thing for the microbreweries and we will do it soon.

[Microbreweries, May 3rd, 2002]

Mr. Speaker, as the hon. member knows, Bill C-47 does not deal with beer. It deals with wine, spirits, tobacco and ships' stores.

The member should know that right now the government is reviewing proposals from the microbreweries and the beer industry generally. We will act prudently and appropriately in dealing with this very important issue for all Canadians.

[Transparency International, May 3rd, 2002]

Mr. Speaker, in the past few days we have heard the word corruption used with impunity in the House. I would like to inform the House of the solid facts concerning corruption.

Transparency International has proven Canada to be one of the least corrupt countries in the world. It is the only non-governmental organization devoted to curbing corruption and its annual Corruption Perceptions Index is cited by the world's media as the leading index in the field.

Transparency International ranked 91 countries in 2001 in terms of the degree of corruption perceived to exist among public officials and politicians. This ranking is a composite index drawn from 14 different polls and surveys carried out among business people and country analysts, including surveys of residents, both local and expatriate. Ninety-one countries, both developed and developing, were analyzed. Canada ranked 7th, indicating very low levels of perceived corruption. It may be of interest to know that Australia was 11th, the United Kingdom 13th and the United States 16th.

It is time for the opposition to look at the facts and stop playing games.

[Firefighters' Pensions, May 2nd, 2002]

Now members can clap. That is good. Excellent.

Briefly I want to say that I would like to take the opportunity to pay tribute to the member, who has worked with great tenacity on this motion, and I also want to pay tribute to Canada's firefighters. All Canadians recognize the invaluable contribution made by firefighters to the safety and security of our nation. The horrific events in New York City on September 11 and their dire consequences were a sober reminder of the courage and dedication of our firefighters. Many firefighters lost their lives while carrying out their duty that day.

Canadian firefighters and others have made a significant contribution in the aftermath of that tragedy. Indeed, every day in this country firefighters risk their lives to protect Canadians' safety and property. It is important that we recognize that.

The government is committed to considering the issues that have been brought before us. We are committed to working with the firefighters, particularly on the issue of the context of the structure of their pension plans, and on other issues that have been brought before the House. In this regard, the government clearly recognizes the importance of protecting public safety. That is why the tax rules contain special pension provisions for those in public safety occupations, including firefighters.

It is possible for firefighters' pension benefits to be increased under the existing rules. In light of this fact, the government has been working with firefighters to resolve the issue and it continues to do so. Indeed, we want to thank our colleagues for their support and in particular the member for Dufferin--Peel--Wellington--Grey.

I would urge all of my colleagues in the House to support the motion and vote in favour of it.

[Firefighters' Pensions, May 2nd, 2002]

It is bad enough when the opposition claps. I have to say that when colleagues on this side clap it hurts.

First, I will say that the government will be supporting the motion.