Michael Savage

[Criminal Code, November 15th, 2005]

Madam Speaker, I am pleased to have the opportunity to join in this second reading debate on Bill C-329, an act to amend the Criminal Code of Canada.

This bill would empower a police officer to arrest without warrant a person allegedly in breach of a probation order or an offender who is alleged to have breached a condition of conditional release such as parole or temporary absence.

From a federal perspective, our concern lies with the power of arrest without warrant as it applies to federal offenders on parole or temporary absence.

I am aware that this matter has been before the House on a number of occasions before I came here. Therefore, the details of this fairly simple and direct proposal have been discussed a number of times by previous speakers in the course of previous debates.

There may not be much to be said with regard to the specifics of this legislation, but I do want to view it from a broader perspective and give it the attention it deserves.

Many of our constituents across the country, certainly those from Dartmouth--Cole Harbour, have strong opinions on the way the criminal justice system should work. I welcome this bill as a basis for the discussion of some of the legislation that frames the system. I would like to outline for fellow members and for interested Canadians who may be following this some of the background that I think should be considered each time reform of the laws governing criminal misconduct is undertaken.

The Criminal Code of Canada is the focus of the amendments that the hon. member for Wild Rose proposes to amend. This represents but one of many interrelated statutes that have evolved to guide us in our daily conduct and to exact accountability when societal norms and values are violated.

The Youth Criminal Justice Act, the Income Tax Act, the Fisheries Act, the Narcotics Control Act and the Official Secrets Act are just samples of the federal statutes that exist to control behaviour and to exact accountability when their provisions fail to deter.

Also, in the consideration of Bill C-329, the provisions of the Corrections and Conditional Release Act are certainly relevant. This is because the measure before us would undermine that legislation.

I believe it is important that the record of the debate on this proposed legislation shows the course followed by most apprehended offenders, from the point of commission of an offence to the determination of their penalty.

In a typical case, an individual may be arrested by a police officer who, although operating in accordance with local policies and procedures, is ultimately answerable to a provincial government. Each province, through the provisions of our Constitution Act, exercises responsibility for the administration of the Criminal Code and related federal statutes as well as any ancillary laws that I have mentioned.

The case would then proceed within the provincial jurisdiction to a crown attorney, who takes the facts to court. If the judge determines guilt and the sentence is a fine, probation or incarceration for less than two years, the offender will remain in the provincial purview. Should the sentence be of two or more years' duration, however, he or she will become the responsibility of the Minister of Public Safety and Emergency Preparedness Canada and the administration of the sentence will fall to the Correctional Service of Canada and, finally, the National Parole Board.

Most of those convicted will at some stage encounter one or more voluntary organizations which often assist in the supervision of those who are conditionally released and offer assistance in preparing offenders for their reintegration back into the community. Most offenders will serve the last days of their sentences in the community, whether subject to the conditions of parole or statutory release.

Under the provisions of this bill, every one of them would in this period essentially be subject to arbitrary arrest. That is the concern. By supporting supervision by police as proposed by this bill, we would be sanctioning the detention of those on conditional release for actions that would not result in arrest for any other Canadian.

I join other speakers by reiterating that our police have power to detain anyone they encounter who they believe to have broken any law or to be a danger to themselves or others. Section 31 of the Criminal Code authorizes the arrest without warrant of anybody who has committed a breach of the peace or who, on reasonable grounds, is believed to be about to engage in a breach of the peace.

I do not know how much more we believe the police need to carry out their duties. We all want the police to have the appropriate powers to carry out their duties and this bill addresses that. The question is, how much do they need? Therein lies the difference.

The system is not simple. From municipal to provincial jurisdiction, from the correctional agencies of the federal system to the voluntary sector, it is important that we keep in mind the number of diverse players in criminal justice.

The vast majority of offenders will serve the latter portion of their sentences under supervision in the community. There may be some who require more control or more assistance and perhaps more vigilance on the part of those who are entrusted with their supervision.

These supervisors have the power to end release programs if it is likely that an offender will reoffend. They will issue a warrant of apprehension where a breach of a condition of parole or temporary absence has occurred or where it is necessary to prevent a breach or to protect society. The supervisors are available to issue a warrant 24 hours a day and will often do so in collaboration with police. Moreover, as I said, police already have the power to arrest without warrant an offender they see committing a criminal offence.

Given the complexity of the criminal justice system, the amendment of one act necessitates the adjustment of related acts, and changes in one sector of responsibility may affect all other sectors. Therefore, I believe that the resources of the House and the committee system might better be employed in an effort to make considered, coherent and comprehensive reforms rather than a single adjustment to one act.

I appreciate the efforts of the hon. member for Wild Rose. I recognize that in general terms a private member's bill might well be a suitable beginning to necessary reform. I must nonetheless, however, offer my opinion that every attempt should be made to address all possible issues arising from this proposal within a deliberate consultative process before that action is taken involving the House.

[Human Resources and Skills Development, November 15th, 2005]

Mr. Speaker, my question is for the Minister of Human Resources and Skills Development.

Yesterday's economic update by the Minister of Finance contained some great news for post-secondary education, including direct support for students, some of whom are visiting Parliament this week. More funding will be made available to help students gain access to education, to upgrade their skills and to become the leaders of tomorrow.

Could the minister tell us how, in concrete terms, this new funding made available by the finance minister will get to students?

[Criminal Code, November 14th, 2005]

Mr. Speaker, it does have an impact on people who graduate from cruelty to animals to being cruel and inhuman to other human beings. Again, we are talking about vicious and brutal acts. As kids, many of us witnessed activity among our friends where animals were hurt in some way. I never saw some of the really brutal examples of animal violence that we hear about in the news, but I certainly have seen friends do things that they should not have done.

Society has evolved. I would expect and I know that my children are more respectful of animals than children were in my generation. We have come some way and the bill recognizes that. The fact is that this will obviously catch some people earlier because what they are doing will be criminal at an earlier stage due to the bill. This means that we may well have less violent offenders and get a chance to catch people and rehabilitate them before they go on to injure human beings. That is a bit of a side benefit of Bill C-50.

[Criminal Code, November 14th, 2005]

Mr. Speaker, the intent of the bill and certainly my intent in supporting it is not to infringe upon the rights of hunters or trappers or anyone who practices either a traditional way of life or a recreational way of life that is not meant to be wilfully destructive to animals. Large numbers of recreational, hunter and trapper groups have looked at this legislation and have given it their okay.

It has come before the House on a number of occasions and was modified over the years largely to address the concerns indicated by the hon. member. I would like to indicate from the bill itself that the existing gap in the law is filled by proposed paragraph 182.2(1)(b), which prohibits “brutally or viciously” killing an animal. The proviso makes clear that this offence is primarily concerned with the nature of the act itself and what that act reveals about the person, vicious being defined as bad-tempered, spiteful and violent.

There is always a motive involved in this. People who hunt and who have done so for years, and who have taken hunter safety and hunting courses and know how to kill an animal in an appropriate way, will not be affected by the bill. Those who go out of their way to be vicious in the conduct of hunting or trapping or any other type of activity that involves animals will be affected by this and I think that is appropriate.

The purpose of the bill is not to take away from traditional ways of life, whether it is agriculture or hunting or fur trapping. Over the years the bill has modified itself to answer many of the questions people had about this. I think the bill does a good job. This can certainly be discussed at committee, but it is an improvement over what we have seen before and it is well worth supporting.

[Criminal Code, November 14th, 2005]

Mr. Speaker, I am pleased to speak to Bill C-50, amendments to the Criminal Code in relation to cruelty to animals.

Members who have been in the House longer than I will remember from the last Parliament when the bill was Bill C-22. This legislation has been before this House consistently since 1999 when it was first introduced in an omnibus criminal law bill, Bill C-17.

Canadians from all walks of life have expressed and continue to express support for stronger animal cruelty laws. I know the minister continues to receive countless letters in support of these amendments. I have certainly received letters and heard concerns from my constituents. As MPs we hear from a lot of people. I heard from someone this morning in relation to the puppy mill in Quebec which my NDP colleague spoke about previously. This issue is very much on the minds of Canadians.

For various reasons the bill has never passed both this House and the other place in the same form. It is true that when it was first introduced, a degree of discomfort was felt by a number of industry stakeholders, farmers and animal researchers, about the potential negative impact of the legislation on their activities. These are legitimate concerns and they have been addressed.

Over the past five years, significant work has gone on in Parliament, in the chamber and in committee, as well as in meetings and discussions with concerned parties to bring a greater consensus in support of this legislation.

In the summer of 2003 when a final set of amendments were made to the legislation, a broad based coalition of industry groups came to feel more comfortable with the legislation and in fact supported these amendments, alongside animal welfare groups and veterinary associations. These groups even wrote to urge the minister to re-table this very legislation.

Since that set of changes, not just those people who advocate for the interests of animals, but also many of those whose livelihoods actually depend upon the use of animals are now eager to see these amendments become law. Those groups include organizations representing the agricultural sector, trappers, fur farming industries, and the animal research community. This indicates that we have addressed a wide range of concerns.

One of the objectives of the reforms is the enhancement of existing maximum penalties for animal cruelty. Today even the most heinous mutilation or torture of animals can result in only six months' imprisonment or a $2,000 fine. There is widespread consensus that these maximum penalties are too low to deter or denounce behaviour that we know happens across this country. Our views toward animals have changed a lot in this country and in this world over the past number of years.

Part of the penalty enhancement reform involves making these offences dual procedure and giving the Crown the ability to proceed by indictment in the more serious cases. In those cases, the maximum penalty goes up from six months in prison to five years, and the ceiling of $2,000 is removed, in keeping with the sentencing for all indictable offences in the code.

There are more specific sentencing measures in addition to these general standard ones. Currently there is a two year maximum on orders preventing the offender from owning or possessing animals. This two year maximum ceiling will also be removed so the courts will have the power to make an order for any length of time the court considers appropriate.

In addition, Bill C-50 will introduce a new power for the court to order, in addition to any other sentence, that a convicted offender repay the costs of taking care of the animal in question. If a person or organization took in the animal after the cruelty incident, the person who committed the offence would be responsible.

In every province there are statutorily created societies for the prevention of cruelty to animals. We all know those. These agencies are under a legal obligation to protect animals from cruelty by seizing and caring for them when they are in distress, for example a puppy mill, yet these statutory bodies receive very little in the way of public funding. When they take in an animal that has been abused, care for it and provide veterinary services, food, shelter and comfort, they generally do so with money obtained from public donations.

We all know people in our communities who do this kind of work. In my community of Dartmouth--Cole Harbour, I think of people like Judith Gass, a former Progressive Conservative candidate in the 1993 federal election, who does great work. I also think of the many vets in my riding who talk to me about the concerns they have when they see animals in distress.

Bill C-50 will make it clear that the offender may be found responsible for repaying the costs associated with his or her criminal act. That is good sentencing policy. By holding the offender accountable for the costs, we do a better job at educating the offender about the consequences of his or her crime and hopefully this contributes to his or her rehabilitation.

Law reform is about more than adjusting numbers. It is also about making sure the substance of the law prohibits all forms of misconduct and does so in the clearest possible language and provides the most coherent structure of offences. Bill C-50 also contains a number of elements that accomplish this important set of objectives.

The amendments will create a new offence that directly targets the wilful killing of an animal with brutal intention, such as by strapping an explosive on the animal--we have heard of that--or fastening the animal to a railway line. These types of acts, which most people consider impossible to imagine, are perhaps the most despicable form of cruelty we can imagine and may not be caught by our existing law if the person had or could prove a legitimate excuse for killing the animal. We are closing this loophole so that even when the law allows a person to kill an animal, he or she cannot do it with the intention of being brutal.

Euthanasia, slaughter, hunting practices could be humane. The hallmarks of humane euthanasia are that the methods are tried and true. They involve a minimization of pain and suffering. They are reproducible and reliable and do not pose any risk of failure or risk of harm to others.

Sometimes a person who kills an animal has another set of intentions reflected in acts that are not reliable methods of killing, which pose risks to that person or to others and which have uncertain and non-reproducible effects. Exploding an animal in a microwave, which we have heard of, or dropping it from a tall building are examples. If someone kills an animal with that state of mind, there is a good chance he or she is being deliberately brutal. The law must clearly prohibit and sternly punish this type of behaviour.

Another set of changes will clear up some of the language that is currently confusing. The code now has a set of offences in relation to cattle, a set of offences in relation to animals that are kept for a lawful purpose, and another set of offences for all animals. This produces duplication and some overlap. There are also omissions. For instance, there are special provisions on cockfighting and the keeping of cockpits. We know, sadly, that dog fighting also happens in our country. Why should our law not also prohibit that? There is no reason.

Bill C-50, a comprehensive law reform package in this area will rectify that deficiency. It will also remove current language, such as “dogs, birds and other animals”, which is a phrase that can do nothing except confuse. It will also remove the nonsensical notion of wilful neglect, which does not exist anywhere else in criminal law because it conflates two entirely different concepts. Wilful means deliberate and intentional, whereas neglect means inadvertence. Combining these two into one concept is bad criminal law. Bill C-50 will rectify that.

The bill will also provide a definition of animal when none currently exists. That definitely will be a “non-humane vertebrate”, for example. Today, there is no definition. This means that a worm or a snail or any possible living creature would probably be included. Since many industry groups have expressed concern over such an interpretation, Bill C-50 brings desirable clarity to the question. Without Bill C-50, the question of the scope of the law remains open and it leads to uncertainty.

Finally, Bill C-50 will create a new part of the Criminal Code with the title “Cruelty to Animals” as a chapter devoted just to these offences. This will permit the offences to be taken out of part XI, “Wilful and Forbidden Acts in Respect of Certain Property”.

I am aware that this change has been the subject of debate and discussion, but let us be clear about it in the bill. This change will not and cannot have the effect of altering the legal status of animals as property. The fact that animals are property is a result of property law, which is within the constitutional authority of provinces, not of this Parliament. The common law of this country and that of our Commonwealth cousins bears out centuries of jurisprudence that firmly establishes that animals are the property of the people or of the Crown. There are some people who would disagree with that. There are people who were referred to earlier as radical in this cause. This is a mainstream bill. This is not an extreme bill. It is legally impossible for the relocation of offences from one chapter of the Criminal Code to another to have any effect whatsoever on the legal status of animals as property.

The bill reflects the mainstream and widely held view of Canadians that the people with whom we share this planet are worthy of more respect than maybe we accorded them years ago. The bill is a meaningful and reasonable solution that addresses the needs of many stakeholders, people who work with animals, people who own animals, as well as people who just like to be with animals. The bill provides a sensible solution for all Canadians. I urge the adoption of Bill C-50.

[Multiculturalism, November 14th, 2005]

Mr. Speaker, yesterday residents in my riding of Dartmouth--Cole Harbour awoke to the shocking news that our community had been desecrated by racist graffiti aimed at Lebanese Canadians. These remarks reflect neither the opinions of the vast majority of citizens in our community nor those of communities across Canada.

Lebanese Canadians have contributed enormously to the growth and betterment of Dartmouth--Cole Harbour. In every way imaginable, business, education, health and culture, Lebanese Nova Scotians like the Chedrawes, Khourys, Haddads, Habibs, Fares, Karems, Toulaneys and others have contributed in countless ways to building our common community.

I strongly condemn this racist graffiti which does not in any way represent Canadian values. They represent hate and ignorance, nothing more.

These events, as unfortunate as they are, remind us that we must continue to do more to understand one another and to have the wisdom to embrace our diversity.

Canada was the first country to officially adopt multiculturalism as a national principle. It defines us as a people who believe in celebrating those things that bring us together, not those things that drive us apart.

[Petitions, November 4th, 2005]

Mr. Speaker, I rise to present a petition from residents in my constituency and the surrounding area on the issue of autism.

The petitioners recognize the tremendous burden that is placed on families who have children with autism. They are calling upon Parliament to amend the Canada Health Act to include IBA and ABA therapy for children with autism and to contribute to the creation of academic chairs at universities to teach IBA and ABA treatment. It is my pleasure to present this petition.

[Remembrance Day, November 4th, 2005]

Mr. Speaker, one of the great privileges of being an MP for Dartmouth--Cole Harbour is the opportunity to represent a constituency with a strong military tradition.

In my community, people are acutely aware of the sacrifices that have been made to preserve freedom. As a major base of Canadian military operations, we know all too well the sacrifice that men and women from Dartmouth--Cole Harbour have made to win and preserve peace around the world.

Next Friday, in both Dartmouth and Cole Harbour, our veterans will be honoured and their sacrifice acknowledged.

One of the most positive aspects of Remembrance Day in recent years is the increasing number of children who come out to pay tribute to Canada's heroes. I will have the opportunity next week to visit a number of schools in my riding where children are actively connecting to this important part of our history.

As more of our veterans leave this Earth, it is encouraging to us all but particularly to them that their dedication and courage will continue to be remembered. There is no more fitting nor encouraging tribute to our great veterans than to see a child standing by the cenotaph in the cold at full attention and in awe at the sacrifice of these great Canadians.

We will continue to remember them.

[Cross-Border Drug Sales, November 1st, 2005]

Mr. Chair, I would love to see our health committee work on a non-partisan basis as reasonably as possible. I certainly am prepared to work with it.

With all due respect, the health committee has been inundated with ridiculous motions on everything from asking the Prime Minister to appear before it and talk about why he wanted to get rid of the Canada Health Act, as per Sheila Copps' book, to recently proposing that Earnscliffe should appear and discuss why it received contracts with Health Canada. These motions were discussed in committee instead of important issues like the one we are discussing tonight.

If the health committee can play a role, I would be very much in favour of that. The motion was passed on June 6. It was brought up on June 29 by the Minister of Health. We recessed for the summer. It came back before the House and was passed on October 5. We are just barely past October, so we have acted expeditiously on this. The Minister of Health is very sincere and consistent and committed on this issue. I hope the entire House will support this when it comes before us.

[Cross-Border Drug Sales, November 1st, 2005]

Mr. Chair, the parliamentary secretary talked about research and the investment that the Government of Canada has made juxtaposition with the private sector research that has been in place in Canada. When my colleague was the regional minister in the province of Nova Scotia, he was very involved in a large number of those research grants and investments in post-secondary education in Nova Scotia and Canada in general.

As most members in the House probably know, Canada has been hugely successful since 1998, investing in the range of $13 billion in publicly funded research through initiatives like CIHR and supporting granting councils like NSERC, SSHRC, and CFI.

Canada has become a leader, reversing the brain drain, bringing researchers back into Canada, not only repatriating researchers but keeping them here and bringing new ones here. When we look around the world, we see China and India, with populations over one billion people, investing heavily in research, innovation, technology and commercialization, it reinforces the wisdom of Canada's decision over the past five years. It also shows us the importance of keeping that up.

We have not had the level of private sector research that some other countries have had. We have been able to partner in a lot of cases. CIHR partners and leverages a lot of research money. Drug companies and others, some of whom are really responding to the challenge, would do well to keep Canada in mind, when they build their research plants, and continue to invest in Canada where a lot of their consumers are.