Fisheries committee  I can just repeat that breeding and impregnating cetaceans would be prohibited under the amendments to the Criminal Code but there is an exception when a licence has been issued by the provincial lieutenant governor in council.

Fisheries committee  Beyond possessing the animals already in captivity that would be grandfathered, the other offence that is provided for in the bill is the one we talked about a moment ago, which is a very long description of promoting, arranging, conducting, assisting at exhibitions or displays d

Fisheries committee  They are fairly specific words. It is not so broad—when you read that in connection with it being an offence to just have custody or control, you can see quite a dramatic difference between what's described in the offence relating to performances for entertainment versus just the

Fisheries committee  Can you repeat that question?

Fisheries committee  Right. What I can tell you is that if you find that there is a sound scientific basis for concluding that it is inherently harmful and cruel to the animals to keep them in captivity, that's probably a sufficient basis to ground a federal criminal offence. At the same time, the s

Fisheries committee  From what I understand, Marineland is the one facility where breeding takes place. In Ontario, in 2015, the legislature made amendments to their animal welfare legislation that specifically prohibited the breeding of orcas, which is one type of whale. They put in place a number o

Fisheries committee  I don't think you would have to look at it as a question of retroactivity or retrospectivity. What the criminal law is always trying to do is prohibit human beings from undertaking certain actions. If there are beluga whales that are already pregnant by virtue of the human action

Fisheries committee  It definitely seems apparent that the way the legislation is drafted, from a criminal law point of view, it aims to prohibit breeding, save for that one exception where it's done for scientific purposes and is authorized by the province. To be honest, we don't have any precedents

Fisheries committee  You mean if the animal is sent outside of Canada?

Fisheries committee  What would that mean? The exportation is not covered by the Criminal Code provisions.

Fisheries committee  Yes. It would seem to be a reason not to authorize the export of the animal.

Fisheries committee  Well....

Fisheries committee  Certainly provincial legislation aims at the prevention of animal cruelty and the protection of animal welfare.

Fisheries committee  Well, the sponsors of S-203 have indicated that they are approaching it through the lens of the keeping of cetaceans in captivity.

Fisheries committee  I would only say that in proper criminal law, we don't see those words used in the provisions that would amend the Criminal Code. The whole entire purpose of the criminal law is to declare which actions are morally against our social values.