Moved third reading of Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting).

She said: Honourable senators, I rise today for third reading and sponsor of Bill C-84, An Act to amend the Criminal Code which proposed amendments to strengthen protections against bestiality and animal fighting. I am, once again, honoured to be speaking in this chamber on behalf of my animal relations.

This bill has received broad support by parliamentarians and stakeholders and would bring about overdue and critical changes to the Criminal Code by closing two legislative gaps. These changes will better reflect the beliefs held by the large majority of Canadians who are appalled by the abuse of animals. It is a step towards greater justice for animals that offers more protections for children and other vulnerable persons, and it reflects our commonly held values.

In my second reading speech, I explained the current law around sexual abuse of animals. The Criminal Code calls it bestiality. The bestiality offences cover serious conduct of one of the worst forms of sexual abuse of children, vulnerable persons and animals. Bill C-84 accomplishes what it set out to do, which is criminalize all forms of bestiality, which is sexual contact with animals involving humans, and closes loopholes that make it easier to prosecute animal fighting.

The first reform that Bill C-84 proposes is to add a definition of bestiality to section 160 of the Criminal Code which broadens it by including “any contact for a sexual purpose between a person and an animal.” This definition responds to the 2016 Supreme Court of Canada decision of R. v. D.L.W. which is a disturbing case of animal and child sexual abuse. In considering the meaning of bestiality, the court examined the historical interpretation at common law to interpret what it meant and held that the common law meaning of bestiality was limited to include only penetrative sexual acts with an animal.

The proposed definition of bestiality is robust and covers all sexual contact. It recognizes that animals are vulnerable and cannot consent to sexual contact and there is always a risk of harm involved with this offence.

For those who worry that a law designed to protect animals from sexual violence might also impinge on their ability to carry out tasks common in the animal industry sector, they can rest assured that this bill will not limit their ability to carry out these tasks.

Agricultural stakeholders have stated, both in written correspondence to the previous Minister of Justice and in testimony before the Justice Committee, that they have no concerns that this definition could inadvertently capture any current practices and that bestiality and animal fighting in no way constitutes harm to their agricultural practices.

As mentioned, when this bill was studied in the other place, amendments were passed to better achieve its objectives. Two of those amendments related to bestiality were based in part on testimony and evidence provided by witnesses at committee. The animal fighting provisions were subsequently strengthened and they accomplish what they set out to do.

The first would permit animal prohibition and restitution orders to be made by a court when a person is convicted of a bestiality offence. A prohibition order would mean that a person convicted of bestiality would be prohibited from possessing, having control over or residing with an animal for any period up to a lifetime ban.

Such orders are already available for animal cruelty offences in section 447.1, so making them available for bestiality offences is therefore consistent and increases important protections for animals and public safety. It is a preventive measure and a positive step. The ability to make a restitution order is also an important aspect of this amendment to Bill C-84.

When an animal is abused, there are often significant costs associated with its medical, rehabilitation and general care. These costs should be borne by the person who is responsible for the injury to the animal and not by the people and organizations who rescue and care for the animal during its recovery. In addition, such measures encourage additional accountability by the offender for his or her actions.

The second amendment that has already been passed in the other place would add the bestiality simpliciter offences subsection 161 to the list of designated offences requiring compliance with the requirements of the National Sex Offender Registry for up to a period of 20 years.

Bill C-84 will also modernize the law regarding animal fighting through amendments to two provisions in the Criminal Code. The first proposed amendment will expand the animal fighting offence at paragraph 445.1(1)(b) of the Criminal Code to include promoting, arranging or receiving money for animal fighting.

The second proposed amendment will amend section 447.1, which is the offence of keeping a cockpit, to expand the prohibition to the keeping of an arena for the fighting of any animal. This amendment is particularly important, considering that dogfighting is now the main form of animal fighting in Canada.

Dogfighting is, quite simply, one of the most heinous forms of physical abuse of animals. Parliamentarians and committee witnesses have spoken in great detail about the pain and suffering that these animals endure. The links between dogfighting and organized crime make it an even greater social evil. Any measures that Parliament can take to help law enforcement combat animal fighting must be supported.

The Justice Committee in the other place also amended this bill to propose the repealing of section 447(3) of the Criminal Code which requires that birds that are found in a cockpit must be destroyed.

Decisions on whether to euthanize an animal should be made by animal protection professionals based on the health of the animal rather than by operation of the law. These professional assessments better account for an animal’s sentience, including an ability to be rehabilitated and re-enter human society, and so represent a step forward with respect to Canada’s archaic animal welfare laws.

Provincial and territorial animal protection legislation already authorizes the humane destruction of animals who are too injured or sick to recover or who are deemed unsuitable for rehabilitation, yet we do not have the legal vernacular to incorporate recent scientific understanding of animal sentience into proper protections for the animal.

In the future, I hope we can evolve and find more creative ways to rehabilitate these victims — victims who, through fear and coercion, were conditioned to fight and live in fear every day of their lives. We must develop solutions and not resort to the default solution of killing these helpless creatures.

I would like to thank the critic, Senator White; the Social Affairs Committee and the staff; and the phenomenal witnesses who came forward to assist us in understanding the importance of this bill and the urgency with which it must be passed.

Barbara Cartwright, from Humane Canada, an organization that represents humane societies and SPCAs across Canada, explained how they receive over 100,000 complaints every year due to animal cruelty allegations. They also regularly witness the impact of the inadequate and antiquated animal cruelty section of the Criminal Code of Canada. It is these weak provisions that prevent the successful prosecution of crimes against animals due to legal loopholes that have arisen from outdated language and offences. Ms. Cartwright stated that Bill C-84 will correct two such examples, and urged its swift passage.

Shawn Eccles, Senior Manager of Cruelty Investigations at the British Columbia SPCA, reported to the committee that he has evidence that cocks are bred and trained to fight and subsequently be shipped to the Philippines. He said:

If this bill were to pass, I would be able to go out tomorrow and, at the very least, submit a charge to the Crown demanding that these people be charged with an offence. They are breeding and training these birds specifically for that one purpose.

Currently the Criminal Code does not prevent the training and shipping of birds or animals for this purpose.

With respect to the provision of the bill that instructs the court to euthanize the birds, after identifying a cockfighting arena and discovering 1,270 birds, in accordance with the Criminal Code of Canada, Mr. Eccles was put in the wretched position of being ordered to euthanize these birds, which had to be done by manual dislocation rather than have them rehabilitated or placed in sanctuaries. Three people were charged and one was convicted. His sentence was a simple prohibition.

Mr. Eccles stated:

. . . quite frankly, from the perspective of somebody who’s there to save animals’ lives, is something that I’m not interested in doing again.

Mr. Eccles told the committee that he is aware right now of sites where birds are being housed for this purpose, and his organization does not want to go into these sites and seize these birds because he will have to euthanize them — once again, in accordance with the law. He told the committee that Bill C-84 would save the lives of many animals and birds, and also urged its swift passage.

Dr. Alice Crook, veterinarian and a member of the Canadian Veterinary Medical Association, explained to the committee that there is a “well-documented link between the abuse of animals and other family violence, including child, spousal and elder abuse.”

By passing Bill C-84 into law, we are therefore not only helping animals but also addressing the sexual exploitation of other vulnerable members of society, including children.

Dr. Crook further explained that there is “more and more information available about recognizing the sentience of animals, including scientific documentation of animals having the neuroprocesses to be sentient.”

Even the courts are finally beginning to factor this into their decisions. Dr. Crook further explained how in British Columbia some convictions were “based on the sentience of the animals and the emotions they experienced.” This demonstrates some advance as a society in our understanding of animals.

Finally, the Standing Senate Committee on Social Affairs, Science and Technology added an important observation that was explained by the Canadian Centre for Child Protection. This observation promotes cross-reporting between animal and child protection agencies, which will lead to better detection of the abuse of both children and animals — enabling protective intervention that might not otherwise happen, as both types of abuse tend to be very difficult to uncover.

Honourable senators, I understand that some — including me — would like to see a comprehensive reform of the animal cruelty provisions in the Criminal Code. The Minister of Justice and Attorney General of Canada, David Lametti, confirmed his personal commitment in the next Parliament to overhauling animal protection legislation in Canada. He recognized that Bill C-84 is only a first step because Canada does need to bring these laws into the modern era. The minister confirmed that Bill C-84 does offer reforms in two key areas of animal abuse where there is broad consensus. It also offers essential protections for children and other vulnerable persons from one of the most serious forms of sexual abuse.

As I explained in my second reading speech, I recognize that the medicine wheel guides us and is clear that interdependency exists not just between us two-legged humans but extends out to four other directions to encapsulate the four-legged, the gilled and the winged.

Therefore, if we are to acknowledge and honour all our relations, as well as the interdependency we share, we must, as senators, act to nourish and protect our relations with all beings — including those animals who are left legally marginalized and thereby vulnerable to increased violence — and that is something that Bill C-84 seeks to rectify.

Honourable senators, this bill passed unanimously in the other place and is supported by a wide range of stakeholders already mentioned. I urge you to support the quick passage of this critical piece of legislation so that these protections can come into effect as soon as possible. Thank you, meegwetch, all our relations.