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On March 14th, Justice Minister Anne McLellan tabled Bill C-15, a large omnibus bill which includes the long-awaited amendments to the Cruelty to Animals sections of the Criminal Code. CFHS is cautiously optimistic that the bill will be successful this time. Just fifteen months ago, Bill C-17 was tabled in Parliament, but died with the call of last year’s federal election.
CFHS was thrilled with Bill C-17, as it included almost all of our recommendations. However, the bill was strongly opposed by some hunting, farming and angling groups that felt the bill would put them at risk of prosecution for carrying out their activities. CFHS and its member societies worked hard to convince these groups that the proposed amendments would not treat standard, lawful practices any differently than the way they are treated under the current Criminal Code. Some opposing groups were not convinced.
Bill C-15, however, contains a few small wording changes that should alleviate the concerns of most opposing groups and individuals. The most significant change in the bill is the addition of the words “willfully” and “recklessly” to the clause listing offences. For example, Bill C-15 would make it an offence to “willfully or recklessly cause unnecessary pain, suffering or injury to an animal”. These two words did not appear in Bill C-17.
In reality, it is not necessary to include the words “willfully” and “recklessly” because it is a fundamental concept of criminal law that an accused cannot be convicted of a criminal act without a corresponding criminal or guilty intention. However, Minister McLellan felt that by re-inserting these words, the bill would be more widely supported.
Similar to Bill C-17, the current bill moves crimes against animals out of the property section of the Criminal Code and into a new section on its own. It is important that animals be protected because they can suffer, rather than just because someone owns them.
Other provisions in Bill C-15 that also appeared in the previous bill are the increase in maximum sentences to five years in prison and unlimited fines, as well as the inclusion of restitution to reimburse humane societies for the substantial costs of providing food, shelter and veterinary care for abused animals or animals taken into protective custody. Particularly when large numbers of animals are involved, such costs can reach up to $50,000 or $60,000.
CFHS is optimistic the bill will reach Second Reading this spring, where it will be discussed by Members of Parliament in the House. After Second Reading, the bill will be referred to the Standing Committee on Justice and Human Rights before going to Third Reading in the House. It will then go to the Senate for final ratification.
To express your opinion about Bill C-15 you can write to your Member of Parliament (check the blue pages of your telephone book or CFHS’ website). You may also want to commend Justice Minister McLellan for bringing this new bill forward. You can write to her at:
The Honourable Anne McLellan
Minister of Justice
House of Commons
Ottawa, ON
K1A 0A6
(no postage stamp required)
Click here for more information, including a sample letter.
UPDATE: Martin Cauchon became Justice Minister in January 2002.
