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View Bruce Stanton Profile
CPC (ON)
View Bruce Stanton Profile
2019-06-21 14:54 [p.29473]
I have the honour to inform the House that when this House did attend Her Excellency this day in the Senate chamber, Her Excellency the Governor General was pleased to give, in Her Majesty's name, the royal assent to the following bills:
C-71, An Act to amend certain Acts and Regulations in relation to firearms—Chapter 9.
C-81, An Act to ensure a barrier-free Canada—Chapter 10.
S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins)—Chapter 11.
C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting—Chapter 12.
C-59, An Act respecting national security matters—Chapter 13.
C-68, An Act to amend the Fisheries Act and other Acts in consequence—Chapter 14.
C-77, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts—Chapter 15.
C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act—Chapter 16.
C-84, An Act to amend the Criminal Code (bestiality and animal fighting)—Chapter 17.
C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts—Chapter 18.
C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts—Chapter 19.
C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis—Chapter 20.
C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020—Chapter 21.
C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act—Chapter 22.
C-91, An Act respecting Indigenous languages—Chapter 23.
C-92, An Act respecting First Nations, Inuit and Métis children, youth and families—Chapter 24.
C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts—Chapter 25.
C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia's north coast—Chapter 26.
C-83, An Act to amend the Corrections and Conditional Release Act and another Act—Chapter 27.
C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts—Chapter 28.
C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures—Chapter 29.
It being 2:55 p.m., the House stands adjourned until Monday, September 16, 2019, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).
(The House adjourned at 2:55 p.m.)
The 42nd Parliament was dissolved by Royal Proclamation on September 11, 2019.
Aboriginal languagesAboriginal peoplesAccess for disabled peopleAccess to informationAdjournmentAgriculture, environment and natural res ...British ColumbiaBudget 2019 (March 19, 2019)C-101, An Act to amend the Customs Tarif ...C-102, An Act for granting to Her Majest ...C-48, An Act respecting the regulation o ... ...Show all topics
View Rachel Blaney Profile
NDP (BC)
Mr. Speaker, I am very proud to speak to this important issue today.
I want to thank the member for Saanich—Gulf Islands for bringing Bill S-203 to the House. The bill looks at the reality of phasing out the captivity of dolphins, whales and porpoises.
The riding that I represent, North Island—Powell River, is along the ocean, and these are beings that we live with. That interaction is very important to us. I think of the times I have spent watching this wildlife engage with us in their free natural state. It is important that we are talking about this issue here today.
I also want to take this opportunity to thank my caucus colleague, the member for Port Moody—Coquitlam, for his dedication to the country's oceans, rivers and streams. His commitment to protecting the wildlife that lives within them has resonated with people across Canada. He will not be sitting in the House with us much longer, so it is important to acknowledge the work he has done on files like this one.
I also want to take this opportunity to thank the member for Skeena—Bulkley Valley. The member for Skeena—Bulkley Valley has always had a special place in my heart because he represents the area where I grew up. I really respect his connection with the communities in that largest of ridings in British Columbia.
A couple of weeks ago, the member came to my riding to talk about his private member's bill on zero-waste packaging. That issue is a huge concern in my riding. Packaging made of plastic takes so long to deteriorate and we know the impact it is having on our oceans.
Without that member's work we would not be standing here today debating Bill S-203. I understand that he is working with the minister right now to push forward his important piece of legislation around zero-waste packaging. It deals with an important issue to make sure we do not fill our landfills with plastics anymore.
If it were not for the member for Skeena—Bulkley Valley accepting a letter from me, the member for Courtenay—Alberni, the member for Cowichan—Malahat—Langford, the member for Esquimalt—Saanich—Sooke, our colleague from Victoria and Laurel Collins asking him to give up his spot on today's private members' hour, we would not be debating this bill today. I want to acknowledge that and thank him for continuing to work so hard on his zero waste packaging legislation. He will not give up, which is something that I appreciate deeply about the member.
Bill S-203 proposes to phase out the captivity of whales, dolphins and porpoises in Canada, except in situations like rehabilitation or rescue.
New Democrats will always support the ethical and useful research of these beings in the water, but the research can take place in the wild. Scientists in the wild environment can get a realistic view of the natural behaviours of these animals without causing a lifetime of pain and suffering, which we know is the reality when they are held in captivity.
What we have heard from scientists is that these beings suffer in confinement. They suffer a sense of isolation, serious health problems, reduced lifespans, high infant mortality rates, sensory deprivation, as well as trauma from the transfer to other parks and calf separation.
This bill speaks to an important issue where we can get it right and do the right thing. Given the evidence, captive facilities cannot provide for these beings' social or biological needs.
Keeping them in captivity is cruel. They are intelligent social animals. They are acoustically sensitive marine beings that spend their time in the vast oceans. They dive deep down to places many of us will never see.
When we look at their freedom in the wild, to swim freely, to dive deeply, when we think about their confinement, it is so much less. We have heard it is less than 1% of the range that they are used to. Can members imagine that? None of us in this place can imagine being in our environment, doing the things that we do, and suddenly being put into a small box and told that we have to be successful and perform for other people. We cannot ask these beings to do that.
It reminds me of what Maya Angelou said, “When you know better, do better.” This is an opportunity in this House to move forward because we now know better, so it is time for us to do better.
Unlike many issues, this really is not a partisan issue. It is a moral issue. It is a bill that is supported by science. We know that whales, porpoises and dolphins in captivity suffer in a way that cannot be justifiable. We know that this bill, Bill S-203, is a reasonable one. It is a balanced piece of legislation. It grandfathers the process and it gives zoos and aquariums time to phase out this practice. This is the right thing to do and I hope everyone in this House takes the opportunity to support this.
When we think about the grandfathering process out of captivity that Bill S-203 proposes, we know it will do important things. It will ban live captures under the Fisheries Act, except for rescues when some being out there needs help. Currently, captures are legal if they are licensed. We all need to pause and take a moment to think about what that means. We know that the last capture that happened was belugas near Churchill in 1992, so it is a practice that is not being implemented. However, the fact that it is still there is very concerning, and this bill would remove it.
Bill S-203 also bans imports and exports, except if licensed for scientific research. This is a hard one, but we want to see an open water sanctuary. We want to see the process happen in a way that is best for the whale, the dolphin or the porpoise. We want to make sure it is under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. These are important factors that this bill can bring forward.
Finally, this bill would ban breeding under the animal cruelty provisions of the Criminal Code. This is also very important.
Right now there is a bill before the Senate, Bill C-68, that would prohibit the captures but it would not restrict imports or exports by law nor would it ban breeding. This is why we need this bill. This is why I will be supporting it. This is the action that needs to be taken to complete what is happening already.
Twenty marine mammal biologists from around the world released a letter supporting Bill S-203. They said, “At a minimum, the maintenance of odontocetes [toothed whales, dolphins and porpoises] in commercial captive display facilities for entertainment purposes is no longer supported or justified by the growing body of science on their biological needs.”
We know it is the right thing to do and it is time to make sure that people have the opportunity to see these beautiful animals in the wild, to respect what they need and to create a new relationship. Keeping them enclosed is not the right way to go.
When we look at the wild, we know that dolphins, whales and porpoises travel up to 100 miles daily feeding and socializing with other members of their pods. The pods can contain hundreds of individuals with complex social bonds and hierarchies. That is their natural state. In captivity they are in small enclosures and unable to swim in a straight line for any distance. They do not have the ability to dive deep. Sometimes they are housed alone or housed with other animals they are not naturally used to being with. When we look at that isolation with this concern in mind, we know this is the right thing to do.
I look forward to seeing support from all members in this House. We can do the right thing. Today is the day and I look forward to seeing a positive vote.
View Ken McDonald Profile
Lib. (NL)
View Ken McDonald Profile
2019-06-10 11:12 [p.28780]
Mr. Speaker, as the chair of the Standing Committee on Fisheries and Oceans, I am proud to speak in support of Bill S-203, an act to amend the Criminal Code and other acts, also known as the act for ending the captivity of whales and dolphins.
I also realize that I am speaking to the bill two days after World Oceans Day. Canada has the longest coastline in the world, and this past weekend, Canadians across the country raised awareness and celebrated our magnificent oceans. I took part in two community cleanups in Conception Bay, where I live.
While our oceans are vast and full of life, we also recognize the peril many of our ocean friends and marine ecosystems face due to threats from climate change and, of course, pollution. More than ever, we must work together to ensure that our oceans are clean and healthy for the many species that call them home, and to support our communities that depend on them.
Let us imagine whales and dolphins, which are used to having the ocean as their playground or feeding ground, being put in a cage not much bigger than a large outdoor swimming pool. Let us imagine the effect this would have on their ability to survive and flourish if they ever were released again. Let us imagine ourselves being put in a room which is 10 feet by 10 feet and being told that is where we have to live out the rest of our days. It certainly would have drastic effects on anyone, or on any animal, for that matter.
The bill has been strongly supported by my constituents of Avalon, and several members of the House have also supported the bill moving forward. I would like to thank the hon. member for Saanich—Gulf Islands, who has been strongly advocating for the bill to move forward in the House, and all the other members who have spoken on the necessity of the bill for the protection of our whales and dolphins.
As many members know, the bill comes to us from the Senate, first by retired senator Wilfred Moore, who originally brought the bill forward in 2016, and then sponsored by Senator Murray Sinclair. The work of these senators cannot go without mention. I would like to thank them for their leadership when it comes to the protection of our oceans and the species that call them home.
Whales and dolphins are part of our Canadian wildlife, and we are very lucky to have them live in our waters. In Newfoundland and Labrador, whales are a major tourist attraction. We see many visitors each year and if they are not coming to see the icebergs, they are coming to see the whales.
Canadians know how important it is to preserve our marine wildlife. That is why our government is not only supporting Bill S-203, but through Bill C-68, making amendments that also strengthen the bill.
Over the years, we have come to learn more and more about the nature of whales and dolphins and the conditions required for their livelihood. Research has told us that these animals undergo an immense amount of stress when taken into captivity, and this stress persists throughout their life. That is why Canadians and this government support the bill banning the captivity of whales and dolphins.
I want to thank the House leadership team, especially the member for Waterloo, for working so hard to get the bill through the House at this time. Again, I commend the member for Saanich—Gulf Islands, Senator Moore and Senator Sinclair for their leadership on the bill and this issue, which is important to so many Canadians. I support the bill and look forward to its passage.
View Rob Nicholson Profile
CPC (ON)
View Rob Nicholson Profile
2019-06-10 11:16 [p.28781]
Mr. Speaker, I am rising in the House to speak to Bill S-203. Despite good intentions, this legislation is flawed in its current form. It should come as no surprise that there are many issues with this bill. In the short time it has been before the House for consideration, one of the major problems identified is an English-French language conflict in the text of the bill.
As we all know, Canada is a bilingual country. Our two official languages are French and English, and all legislation drafted and passed in Parliament reflects this. Anyone who has ever read these documents knows that the English text is on the left side, while the French text is on the right. We also know that Canadian laws and legislation must be applied in the same manner for all Canadians, regardless of language. This is fundamental for ensuring a fair justice system, which is key to our democracy. Otherwise, it would be grossly unfair and inhumane for a state to subject its citizens to different laws and penalties based on the language they speak. I hope in this place, and across Canada, we can all agree on that.
That is why I believe the mistake in Bill S-203 was an unfortunate oversight made by the Standing Committee on Fisheries and Oceans. Issues like this are more likely to happen when legislation is rushed through the process without being subject to a thorough study. As members may know, Bill S-203 was given only two meetings before it was pushed ahead without amendment.
It began on March 18, 2019. In a meeting of the Standing Committee on Fisheries and Oceans, the government member from Miramichi—Grand Lake identified an important and significant language conflict in the text of Bill S-203. The following is a quote from the Evidence, as the member questioned a department official on this issue:
Another thing that would need to be clarified for me is clause 4 of Bill S-203 to prohibit the importation to Canada of living cetaceans as well as cetacean tissue or embryos, subject to a special permit. Apparently the English text of the clause refers to permits issued pursuant to proposed subsection 10(1.1) of WAPPRIITA [the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act] while the French version of the text is silent on the type of importation permit required. That sounds very odd. I wouldn't know of any other piece of legislation in which the French version would be different from the English version.
The departmental official replied, “I am not completely sure about the two clauses you are referencing. I haven't done a comparison of the English to the French so I don't have a response for you on that.” In response, the member asked, “Do you think we should clarify that?” The departmental official replied, “It would be important to make sure that the intent in both the English and the French is the same.”
Interestingly, it was a member of the current government, from a bilingual province, who flagged this critical language concern. It is also interesting how the department official stressed the importance of getting the language right.
The story does not end there. It continues.
On March 26, 2019, the Honourable J.C. Major, a former Supreme Court justice, penned a letter to all members of the Standing Committee on Fisheries and Oceans. He, too, identified the same language conflict as the member did. However, rather than merely stating his concern, he elevated the issue to be a constitutional matter. In addition to that, he informed the committee that this part requires amendment.
This is what the Honourable J.C. Major wrote to the members of the committee in his letter:
I have reviewed the proposed Section 7.1 which is scheduled as an amendment to Bill S-203 of the Wild Animal and Plant Protection Regulation of International and lnterprovincial Trade Act (WAPPRIITA).
In addition I have reviewed the French to English and English to French review certified by...ABCO International which on review concludes that the wording of Section 7.1 between the French and English version is starkly different. The question raised is whether the difference is so material that compliance is affected. In my opinion the differences are material and confusion is inevitable and an amendment is the only remedy that will clarify the intent and purpose of Section 7.1.
Canada, by virtue of the Federal Government's legislation, confirmed by the Supreme Court of Canada and evidenced by the Charter of Rights, is officially bilingual. In addition, under S.18 of the Charter of Rights and Freedoms (Part 1 of the Constitution Act 1982), both English and French are made equally authoritative.
Given that both languages are authoritative and that differences between the French and English drafting of Section 7.1 are materially different, it is apparent that revisions by way of amendment of that section would by its uniformity confirm Parliament's intention as the section would then be clear to parties affected by it and invaluable to the judiciary.
The latter consideration is important as explained below as case law is replete with decisions evidencing the difficulty the courts in all provinces have from time to time reconciling statutory conflicts and either succeeded in doing so or entering an acquittal.
Section 7.1 of Bill S-203 is an enforcement provision under the Act. Given the conflict in the English and French versions of the proposed legislation its passage without a clarification amendment would, in the event of an illegal violation and subsequent prosecution, present a dilemma to the court. An obvious example being that an application under the English version would be required to meet the conditions set out in s. 10(1.1) whereas an application adhering to the French version would not. In the result the same law would be different depending on the site of the application. Should a charge be laid under the proposed Section 7.1 the difficulty described would be left to the court then to attempt a reconciliation of the conflict in the language and if not possible to strike down the section and order an acquittal.
The foregoing is a brief response to the difficulties that are inevitable if there is no amendment clarifying the intent of the legislation.
It is of value to consider the unequivocal recommendation number 35 of the Uniform Law Conference of Canada which concluded “the English and French versions of a bilingual Act must be identical in substance”.
My observation is that the member and the former Supreme Court justice both share the same concern: There is a language conflict in the bill's text. That common ground should be encouraging. However, what happened next in the committee at clause-by-clause was anything but. My party brought forward two amendments. One would make the English text read the same as the French, and the other would make the French text read the same as the English. Both amendments were rejected by the government, and Justice Major's legal opinion was ignored.
My second observation at committee was about the four government amendments that the member for Miramichi—Grand Lake suddenly withdrew at clause-by-clause. The withdrawals came as a surprise to the opposition members, because they were sensible amendments. Their intent was largely to coordinate Bill S-203 with the Liberals' own Bill C-68, which I can understand. Both bills share overlapping objectives, and if both were to pass, their implementation could clash or create confusion. In short, it made little sense for the member to make those withdrawals, especially when the changes were responsible ones that the Conservatives were prepared to support.
Here we are then. This is the second hour of third reading of Bill S-203. This bill is flawed. A former Supreme Court justice was called in. Bill S-203 is a constitutional challenge in waiting, and the scariest thing is that this bill is about to come into force.
This is as good a time as any to remind all members of the House that it is our responsibility as parliamentarians to ensure that the bills we pass are constitutional and legally sound.
Given the government's majority position, this decision ultimately weighs on the Liberal government to do what is right. It must act in the best interests of Canadians. That action is passing legally sound and constitutional legislation.
So here we are, at the second hour of third reading debate. The bill, in its current form, is flawed. A former Supreme Court justice has weighed in on the constitutionality, and those changes needed to be made. Now is a good time to remind all members of the House that it is our responsibility as parliamentarians to ensure that all laws we pass are constitutional and legally sound.
Given these reasons, I hope the government reconsiders its position on Bill S-203.
View Gord Johns Profile
NDP (BC)
View Gord Johns Profile
2019-06-10 11:26 [p.28782]
Mr. Speaker, it is a huge honour to speak today in the House of Commons. With this bill and with the support of my hon. colleagues, Canada is on the cusp of making history and ending cetacean captivity and making sure it is a thing of the past. Not only is this important to me, but it is important to the people of my riding, to people right across this country from coast to coast to coast, to countless environmental stewards who have fought hard on this issue, and certainly to the Nuu-chah-nulth people and indigenous people across this country.
I have heard from many of them. Many Nuu-chah-nulth people see the orca, in their language the kakaw’in, as a spirit animal and as an animal that is a reflection of their ancestors. To think of their ancestors being held in captivity is certainly something they do not want to see happen again.
If we pass this bill, it would do a couple of things. First, it would give us credibility and legitimacy to take it even further, to push for a global ban on having cetaceans held in captivity. We know that cetaceans held in captivity suffer in a way that is not justifiable. Bill S-203 is a reasonable, balanced piece of legislation.
Let us look at the life of a captive whale, dolphin or porpoise. In captivity, conditions are spartan and prison-like. Cetaceans suffer confinement, isolation, health problems, reduced lifespans, high infant mortality rates, sensory deprivation and trauma from transfer to other parks and calf separation. Given the evidence, captive facilities cannot provide for their social or biological needs. They need to roam widely and dive deep in order to thrive. The range of captive orcas is only 1/10,000th of 1% the size of their natural home range, and 80% of their time is spent at the surface, looking for food and attention from their trainers, who make the choices for them when they are held in captivity. Captive-born animals are often forcibly weaned and shipped to other facilities, away from their mothers and the only companions they have ever known. It creates unnecessary trauma. It is cruel.
Let us compare that to wild cetaceans. They spend approximately 80% to 90% of their time under the water. They have the freedom to make their own choices, sometimes travelling up to 100 miles per day, following food and the members of their family. Many of these species, like the orcas, live in complex societies with their own cultures and dialects, maintaining close ties with family and friends. Some remain in family groups for life. For wild orcas, their pod is critical to their survival.
I want to add that I am excited that we just had a baby orca in the pod off Tofino, witnessed by my good friends Jennifer Steven and John Forde. It is another reminder of the importance of our orcas being able to roam freely in the wild and knowing that a baby orca will not be taken and put into captivity. It is a relief to all of us.
We know that keeping cetaceans is cruel, given the scientific evidence about their nature and behaviour. They are intelligent, social and acoustically sensitive marine animals.
New Democrats believe in the power of research, and we know that the continued study of cetaceans can be done ethically in the wild. There, scientists can get a realistic view of their natural behaviours without causing a lifetime of pain and suffering.
Our party also understands the need for legislation to be measured, and Bill S-203 does balance a fair transition for the two remaining facilities that hold captive cetaceans. It grandfathers in existing animals and gives the zoo and aquarium community a long phase-out period. It is not asking these facilities to close overnight. Certainly we will not be supporting the movement of cetaceans or sale of cetaceans anywhere from those facilities.
There are a few people we need to thank today. First of all, we need to thank the hundreds of thousands of Canadians who brought their voice to all elected officials, whether in the House of Commons or in the Senate, calling for this legislation to be passed; the environmental groups and animal rights organizations for mobilizing people; and indigenous communities for raising their concerns, which led to the bill and today's debate.
Also, there are people in the House whom we need to thank, for coming together and showing this is not a partisan issue; it is a moral issue. First, I want to thank my colleague from Skeena—Bulkley Valley. He had a very important piece of legislation to end zero-waste packaging, with which we hope the government will move forward. It made some announcements today in response to my motion, Motion No. 151, around phasing out single-use plastics. I would like to congratulate the government on that first step, and I look forward to seeing more momentum and movement, especially around industrial-use plastics, and rethinking how we use plastics.
I thank my colleague from Skeena—Bulkley Valley because his bill was supposed to be in the House today, and he gave up his spot so we could move forward with this piece of legislation, knowing the only way we could save it was for it to be in the House today. I also want to thank Terrace's Ben Korving. He is the one who helped my colleague from Skeena—Bulkley Valley bring the bill forward on zero-waste packaging through a contest held in his riding to ensure Canadians' voices were heard in the House. We have not lost sight of Ben's work. We have ensured the government heard the proposal that Ben brought forward. I want to thank them both.
In that same spirit, I want to thank my colleague and friend from Saanich—Gulf Islands for the considerable work she has done on this issue and the stewardship she has shown by taking on this bill, working with us to find a path forward and showing a non-partisan approach when it comes to ensuring we do the right thing for cetaceans, which do not have a voice. We are their voice and this is an opportunity to demonstrate what we are going to do to look out for them.
I want to thank my colleague and friend from Port Moody—Coquitlam, the former vice-chair of the Standing Committee on Fisheries and Oceans, who helped move this bill through committee and worked very hard on it. I also want to thank my friend and colleague, the chair of the Standing Committee on Fisheries and Oceans, the member for Avalon, who has done some great work to help ensure the passage of this bill. I really mean that, because without his help, working with all of us in the House, we would not have got this done. I commend him for his work on that.
This bill would not have made it this far without the courageous and bold efforts of Senator Wilfred Moore. We sometimes raise concerns about the Senate, and I certainly have my doubts right now on a number of pieces of legislation, so I will take it away from the Senate and give it to a human being who is a huge champion, and that is retired senator Wilfred Moore. He has been a champion of this bill. He tabled this bill in the Senate and stayed on this bill even beyond his retirement, showing his dedication and commitment, and we owe him a round of applause. I thank him for being completely committed and devoted to seeing this through.
I thank Senator Murray Sinclair for taking on and championing this bill in the Senate, bringing the really important wealth of indigenous knowledge and his connections across this country and ensuring those voices were also heard in the Senate.
In closing, I hope this bill passes very quickly. I thank the hundreds of thousands of Canadians who have been the voice of cetaceans, which do not have a voice, and look forward to Canada having legitimacy and credibility on the international stage when it comes to fighting for cetaceans and ending the captivity of whales internationally. I hope that is the next step for our country.
View Blaine Calkins Profile
CPC (AB)
View Blaine Calkins Profile
2019-06-10 11:35 [p.28783]
Mr. Speaker, it is interesting that I rise today to speak to Bill S-203, which on its surface seems to be popular and appeals to the emotional drives behind it. Like many Canadians, I have seen cetaceans in captivity at places like SeaWorld and the Vancouver Aquarium; and at places like Marineland, where personally I have never been. I just want to put this in context.
This bill is designed to shut down one business in Canada. There is only one business in Canada actively pursuing or using cetaceans right now for the purpose of entertainment. That is what I want to talk about in this bill.
I am not against the notion that, if Canadians are by and large against having cetaceans in captivity, we can have that conversation. Of course we can have that conversation. It is the approach that this piece of legislation is taking that concerns me. It concerns me because I am a hunter and an angler. I am a guy who grew up on a farm and used animals every day at every stage and walk in my life. I am a guy who represents two areas of my constituency. One area hosts the Ponoka Stampede and one area hosts the Canadian Finals Rodeo in Red Deer.
I am also a conservationist. I have a zoology degree. I am pretty sure the guys who are laughing at me right now probably do not. I am going to ask that they just sit and think about this for one second. Many scientists appeared before the committee in the Senate and the committee in the House of Commons. They were people with not just bachelor of science degrees in zoology but with Ph.D.s. They were very concerned by the precedent that this piece of legislation would set. I asked the question in the committee whether we could end cetacean captivity in Canada in a simpler way, such as by just ending the permits of this particular business. We could do that by making a small change to the Fisheries Act and to the plant and animal transfer act.
However, this bill would change three things. It would change the Criminal Code of Canada and would do some interesting things. The bill is not about how humans handle animals or about the welfare or treatment of animals in people's care. The bill would, for the first time ever, make it a criminal act in Canada to keep an animal in captivity. That is the first time in our legislation anywhere that having an animal in captivity would be considered an illegal act. It would be illegal in the Criminal Code of Canada to breed animals, and these particular cetaceans—
An hon. member: Oh, oh!
View Blaine Calkins Profile
CPC (AB)
View Blaine Calkins Profile
2019-06-10 11:38 [p.28784]
Mr. Speaker, all I am asking for is the same respect I granted the speakers from other political parties while I sat and listened to them.
The problem, as I and the people I represent see it, is with the Criminal Code amendments as well as the follow-through and execution of this piece of legislation, which creates a framework and structure whereby anybody can add onto that by simply adding a comma into the legislation and saying that horses can no longer be kept or used for breeding or for purposes of entertainment. I am not saying that is going to happen, but the structure is actually there in the legislation to do it. One has to ask the question why this would need to be done. Why do we need this sledgehammer in legislation to effect the change we are looking for?
We are known by the company we keep. If we look at the organizations that are publicly and vocally expressing support for this bill, we see they call for the end of things like rodeos, fishing, eating animals and raising animals on a farm. These organizations, like Animal Justice and some SPCAs, call for these kinds of things. This is the company that this piece of legislation is keeping.
As I said, I am actually okay with it. I understand the science behind cetaceans and that not all cetaceans do well in captivity, but we also have to be logical. We have to think with our heads too about whether this is the right way to go. I will give an example. Dr. Laura Graham, who has a Ph.D., testified at committee and said there is no actual definition of cruel anywhere in this bill. As I said, it would create new definitions. For the very first time, it would make it illegal and criminalize the breeding of animals. This is something that is a very dangerous precedent for anybody involved in animal husbandry or any of these industries.
Dr. Laura Graham says that the definition of cruel is not anywhere in this bill, and as a scientist, she finds the lack of objective assessment troubling. She has also observed that the people pushing this bill are dismissing the importance of zoos and aquariums in educating the public and eliciting a concern for conservation and saving the planet.
As a matter of fact, she highlighted a very specific case about Vaquita dolphins down in the Gulf of Mexico, of which there are about 10 left; that is all that is left. If we were to use the facilities in Vancouver, Marineland and various SeaWorld installations as something other than entertainment, but rather as a conservation tool, through captive breeding programs we could potentially some day get to the point where we could release a viable population of Vaquita dolphins back into the wild.
I will get back to Dr. Graham in a second. When I was talking to Senator Sinclair at committee, I asked him about this notion of going to a national park, for example. Where I live in Alberta, there is a park called Elk Island National Park, which is not the typical national park that people think of when they go to national parks in their neighbourhoods. Elk Island National Park is a completely fenced-in enclosure. It is a captive facility for the purpose of breeding and population enhancement. People buy a park pass and go in there for the purpose of seeing that wildlife. They may have other purposes, but make no doubt about it, they go there to see the elk and the bison. There has just been a relatively successful, depending on the standards one wants to measure it by, reintroduction of bison into Yukon. There has been reintroduction of bison into Banff National Park, which would not have happened without the captive facility and the breeding program that went with it to re-establish this population.
The whole argument behind getting rid of cetacean captivity is an emotional one. I get it. Look, I have those same convictions when I look at animals in captivity as well. As a guy who goes hunting and fishing and sees all kinds of things in the wild, I get those same heartstring tugs that everybody else gets. I am not some cold and cruel individual. I get the arguments. However, as a conservationist, I also know that we need to make use of every tool available to us in order to help reintroduce wildlife lost through bad practices or mismanagement. Not everybody in the world does things as well as Canada, and we do not do some things all that well either.
However, we have an opportunity to ask ourselves if this bill is actually going to do more harm than good in the long run. It is the same emotional tug that wants us to end the captivity of whales and dolphins that never would have created these facilities in the first place. The City of Vancouver made the choice to end cetacean captivity for the purposes of entertainment without needing this big piece of legislation to do it, yet that facility is still used for rescue and rehabilitation of cetaceans.
It could just as easily use that facility to save a population of belugas, such as the population of belugas in the St. Lawrence Seaway. We know from the experience at Marineland that belugas are actually breeding quite well there. This legislation would be for the express purpose of making that breeding impossible or illegal, actually to the point that someone could go to jail for it. What is that going to do? It is going to split up that family pod at Marineland. It is going to separate the males from the females, and it is going to create the exact same issue that others are arguing captivity is causing in the first place. It is going to create divisiveness and stress in those families.
We know that belugas in captivity are quite successful at breeding. They have a very high success rate. They have a very high birth rate and a very high survival rate. We have populations of belugas right now in the world that are in trouble. If we do not get the environmental conditions right in nature, in the wild, before those populations are actually gone for good, we would have an opportunity to save those genetics. We could actually use the revenue from letting people come and watch them to help the science and research and help that captive breeding program do more good than harm in this particular case.
That is what I am asking my friends in the House to consider. Yes, it is going to be very popular to vote in favour of this bill. We have Free Willy and Blackfish and others movies that create the desire to do what we think is right.
Dr. Laura Graham talked about Dr. Jane Goodall. She had the same feeling about keeping chimpanzees in captivity, and then she changed her mind. As the habitat was encroaching on the natural range of these chimpanzees, as she saw how zoos and other captive facilities were treating these animals and as research and knowledge expanded, she changed her mind. I am simply asking my colleagues to at least consider that before passing this flawed legislation.
View Elizabeth May Profile
GP (BC)
View Elizabeth May Profile
2019-06-10 11:46 [p.28785]
Mr. Speaker, it is a great honour to speak today during the final hour of debate after several years of work on a bill that is important to the world's whales.
I am particularly honoured to rise this morning because we are at the point that most members in this place appear ready to see this legislation pass. The legislation was first brought forward in the last few days of the Senate sitting of 2015. It has been, to put it mildly, a long haul.
The hon. member just raised concerns, and I think all concerns by my colleagues in this place are legitimate. However, it is important for anyone watching this debate to recognize that the bill is based on science.
Many scientists testified as to why it is critical that we stop keeping cetaceans in captivity. We understand why. They are obviously not akin to livestock, for instance. Cetaceans require the ocean. They require the space. They require acoustic communication over long distances. The scientists who testified before the committee who made the case so strongly made it based on science.
Yes, Canadians care. Yes, the school children who wrote to us in the thousands were not moved by the science; they were moved because they see movies and nature films and they understand that whales, dolphins and porpoises are of a different character than other animals.
I would reassure my friend that we could not just substitute the name for another species. Bill S-203 is firmly tied to the Fisheries Act. I do not think we would find any horses in the wild in the ocean. We have tied it down legislatively in such a way that others should not worry that there will be a creeping effect.
In the time remaining, I want to say how grateful I am for the non-partisan spirit. It has been my entire honour to be the sponsor of this legislation in the House. I am enormously grateful to my colleagues.
I mentioned the scientists. Let me thank Dr. Visser, who testified at committee, coming in by Skype from New Zealand in the days right after the Christchurch killings. It was an emotional time for everyone. I would also like to thank Dr. Naomi Rose, and from Dalhousie University, Dr. Hal Whitehead. Phil Demers, a former whale trainer at Marineland, offered excellent real-life testimony as to the cruelty of keeping whales in captivity.
Certainly Senator Wilfred Moore and Senator Murray Sinclair have done an enormous amount to help. So too has the government representative in the Senate, Senator Harder.
I also want to thank the Minister of Fisheries and his predecessor for taking companion elements in Bill S-203 and embedding them in Bill C-68. Bill C-68, the reform of the Fisheries Act, remains before the Senate.
I want to take a moment to urge all colleagues in the other place to move Bill C-68 through. I also urge everyone here, if there are amendments, to move Bill C-68 through, because the Fisheries Act is critically important on many scores, as well as being companion legislation to Bill S-203.
Again, in a non-partisan spirit, I want to thank the hon. member for Port Moody—Coquitlam, who we will miss in this place, and the hon. member for Skeena—Bulkley Valley. I also want to mention his constituent, Ben Korving, who put forward the legislation regarding zero-waste packaging. I pledge, as leader of the Green Party, to take on Ben Korving's motion and make sure that it does not die in this place, because those members made a sacrifice to allow Bill S-203 to pass before we rise at the end of June.
I also want to thank the hon. member for Beaches—East York, a Liberal, and my friend from Courtenay—Alberni, who was gracious in his praise earlier.
Everyone pulled together on this. The member for Charlottetown, the parliamentary secretary, helped enormously.
I would once again like to thank my Bloc Québécois colleague, the member for Repentigny.
I know that there were Conservative colleagues who did what they could.
I cannot tell members how important this legislation is. I will close with a few words that we have not heard in this place before. They are from the book of Job. They are found in chapter 41, verse 1.
Behold, Behemoth,which I made as I made you;...He is the first of the works of God;...Can you draw out Leviathan with a fishhookor press down his tongue with a cord?Can you put a rope in his noseor pierce his jaw with a hook?...Will traders bargain over him?Will they divide him up among the merchants?...On earth there is not his like,...He sees everything that is high;he is king over all the sons of pride.
To everyone in this place, let us think for a moment. We behold Leviathan. He belongs in the wild. He will never again be placed in a swimming pool in this country.
View Anthony Rota Profile
Lib. (ON)
View Anthony Rota Profile
2019-06-10 11:51 [p.28786]
The question is as follows. Is it the pleasure of the House to adopt the motion?
Some hon. members: Agreed.
View Marilyn Gladu Profile
CPC (ON)
View Marilyn Gladu Profile
2019-06-03 11:04 [p.28377]
moved that Bill S-214, An Act to amend the Food and Drugs Act (cruelty-free cosmetics), be read the second time and referred to a committee.
She said: Madam Speaker, it is a pleasure to rise today to speak to Bill S-214, a bill that was introduced in the Senate by Senator Stewart Olsen. The bill aims to ban cosmetic testing on animals in Canada. Bill S-214 would amend the Food and Drugs Act to prohibit cosmetic animal testing and the sale of cosmetic products developed or manufactured using animal testing. It would also ensure that no evidence from animal testing may be used to establish the safety of a cosmetic in Canada.
At present, there is long list of approved cosmetic ingredients. New scientific methods have been developed to test products on human tissue collected during surgical procedures, making animal testing obsolete.
Cosmetic animal testing has been banned since 2009 in 27 EU countries, and the sale of cosmetic products or ingredients subject to new animal testing has been illegal since March 2013. Israel imposed similar bans in 2007 and 2013, and similar policy change is also under consideration in India and South Korea.
In most other countries, cosmetic animal testing is neither expressly required nor prohibited, so cosmetics companies and ingredient suppliers decide whether they want to conduct such testing.
In a few countries, including China, cosmetic animal testing may still be a legal requirement for some ingredients and finished products.
Given the push by Health Canada to adopt a risk-based system for classifying food products, prescription drugs and cosmetics, this bill would allow ingredients for use in foods and natural health products that would not be allowed in cosmetics.
This bill originated in the Senate, and it came out of the Senate at the end of the summer session last year. It was passed unanimously in the Senate. Therefore, members can imagine my surprise when various stakeholders began to approach me and the government to indicate they could not support the bill in its existing form and that amendments would be needed in order to drive it forward. That began the process of talking to each stakeholder group and finding out about the amendments that they wanted to the bill.
As can happen, not everyone wanted the same amendments, so negotiations were undertaken to come to a consensus on what amendments should be made. We have now all come to the place where we believe we could improve the bill, and I am going to take a few moments to go through the amendments we would like to see to the bill.
The first amendment, reference to a cosmetic for human use, is intended to provide clarity to the principle that the ban is not intended to apply to products that are included in the definition of cosmetics but are for non-human use, such as pet grooming products. For example, the ban should not prevent non-invasive and non-toxicological testing of a finished product, such as a dog shampoo, on a dog to ensure its effectiveness and likeability.
The second amendment refers to the party to be held responsible for ensuring that the cosmetic products comply with the ban. This should be consistent with the regulated entities that currently have legal responsibility under the Food and Drugs Act, which are the manufacturer or the importer. It is important that the people who are producing cosmetics, producing the ingredients for cosmetics, and those who are importing, have the responsibility of making sure that they have met the requirements in Canada. In the past, there have been people who have been distributors of the product, not the manufacturer or importer, and they do not always have the necessary information. Therefore, we would hold the manufacturers and importers legally responsible to ensure that they comply with that.
To be sold legally in Canada, the cosmetic product must be filed with Health Canada by the manufacturer or importer. The cosmetic notification system provides Health Canada with a list of all products on the market and the party that is responsible for the regulatory compliance. Retailers may be the responsible parties if they are also the manufacturer or importer of record. As to a ban on conducting animal testing on finished cosmetic products, this would apply, appropriately, to a person, as the ban would be on the act of doing the testing rather than on the ability to sell the product.
Amendment number three is that it is a principle that the ban should not apply to animal testing of any substance regulated as a food, drug or device in the context of those regulatory uses under the Food and Drugs Act and associated non-cosmetic regulations. As I mentioned earlier, the government is moving away from the separate approval process that existed for food, drugs, natural health products and cosmetics, and going to a risk-based approach, which puts additional burden of proof on those things that have higher risk.
Amendment number four is that the operational details of the sales ban as they relate to reliance on new animal test data for cosmetic purposes should fit within the Canadian regulatory context in order to operate officially, as well as to align with the European Union. One of the discussions was about aligning ourselves with the European Union and the State of California in terms of what they have established to make sure that would be applicable with all of the countries that have globally agreed to the ban.
It is understood that the Minister of Health has the ultimate responsibility for the protection of public health and safety with respect to consumer products. As such, the minister should have the power to issue an exemption to the ban if the minister determines it is necessary to address a serious or imminent risk of injury to health, for the protection of human health or the safety of the public, and that there is no acceptable non-animal approach available. This gives powers to the minister, and these are powers that the minister ought to have to make sure that public safety is protected.
The minister deciding to use the power to issue an exemption gives rise to the next amendment. Public transparency and accountability are key principles with respect to regulation. As such, the public and stakeholders should be able to expect that they will be made aware when there is either a violation of the ban or the minister has exercised the authority to provide an exemption as previously outlined. Public notification should consider due process, but also be transparent and easily accessible to interested parties.
Amendment seven has to do with the principle that the ban should be on a go-forward basis and not apply to any animal testing conducted, or the use of data arising from it, prior to the ban coming into force. It is recommended that the ban come into force two years after the date of its enactment, although it is understood that Health Canada must be in a position to effectively administer the changes. There is no point in having rules that cannot be enforced, so that would have to be put in place.
When we considered the bill, there was no Conservative Party policy in this area, so there was a bit of a polarity of views: some were in favour and some had concerns about the legislation. They were concerned that people may use this legislation as a wedge to prevent other activities, like hunting, fishing, farming or going into other areas. That was a concern.
Another concern had to do with applying to countries that require animal testing in order to be approved. For example, if we want to sell in China, we have to do animal testing in order to sell the product there. We did not want to limit people from being able to participate in markets in other countries that have other requirements, so that, as well, was written into the bill.
Another question came up as to how this would impact jobs in Canada. What we typically talk about, for the purposes of this bill, are rats, mice, rabbits and some guinea pigs that have been predominantly used for the purpose of these tests in the past. There are a very small number of jobs in Canada associated with that. In fact, most of the larger cosmetic firms have already adopted this, because of its use in the other counties that I mentioned. We do not believe there will be a huge impact on jobs, but think it is something that should be looked at.
It was in December when we first came to agreement on all these different amendments and began to put them into the legalese of all the members' bills that come before the House. That activity has taken place.
Getting to this point and to the first hour of second reading has been a pleasure, but we are very close to the end of the session. It does not appear that this bill will actually be passed in this parliamentary session, because there is a polarity of views and there are some other discussions to be held. However, I feel that we have increased the amount of support on all sides of the aisle. I will be interested to hear the comments that other parties are going to make after I finish my speech, to see where they are on this bill and to see the potential to introduce this into the 43rd Parliament, which I hope to return for.
I would like to thank a lot of the stakeholders across Canada that participated in both bringing this legislation forward and with the amendments: the Animal Alliance of Canada, The Body Shop, Cosmetics Alliance Canada, Cruelty Free International, Humane Society International/Canada, and Lush fresh handmade cosmetics.
There were so many petitions from The Body Shop. That is how I became the sponsor of this bill. The Body Shop in Sarnia—Lambton approached me. They had stacks of petitions from people calling for us to support this legislation. I then found out that The Body Shops across the country were doing similar things. We have had hundreds of thousands of people sign petitions to show their support for the bill. In addition to that, the Humane Society ran a national TV campaign to raise awareness of it.
I have received emails, letters, petitions from every part of the country. There is an appetite to follow it along. Currently I believe there are 38 other countries that have now agreed to this ban. Canada would then become the 39th, if we can get this done, and it is well worth doing.
Some of the interesting things I have learned going through on this bill was about the new technology that exists that uses post-surgery human skin for testing. We do not need to do testing on animals anymore. The technology has now brought us to a place where it is time to change the legislation and catch up with the technology.
One of the members of our caucus, the very intelligent member from Kingston, asked the question on whether or not this legislation would apply in cases where animals are euthanized before the testing is done. The way the legislation is written currently, that would be okay. I am not sure whether everyone who is a stakeholder would be okay with that. There are further discussions to be held on some of those questions, and some of those things could be taken care of in the regulations.
That is my summary on Bill S-214, the bill to ban animal testing on cosmetics. I think it is a good step forward. It is a step that would align Canada to other countries in the world that are taking similar steps. There has been a significant amount of work that has gone into meeting with stakeholders, talking to Canadians, and addressing amendments and changes that are needed to make this legislation both consistent with the food, drug and cosmetic rules being changed and put in place by the government, and also to make it consistent with other places, like Europe, California and countries we do business with. That has brought us to the place where we are today, and it is a good place.
I am certainly interested to see this bill go forward. With that, I will end.
View Pam Damoff Profile
Lib. (ON)
View Pam Damoff Profile
2019-06-03 11:18 [p.28379]
Madam Speaker, the hon. member mentioned the process she has gone through, and then acknowledged that there is not time to get this bill passed. That is really disappointing for stakeholders, not only the big ones she has mentioned, but everyone from high school students to constituents.
I am disappointed that it has been brought forward so late in the session. Could the hon. member elaborate a little more on that?
View Marilyn Gladu Profile
CPC (ON)
View Marilyn Gladu Profile
2019-06-03 11:19 [p.28379]
Madam Speaker, when I first received the bill, it was the end of the summer parliamentary session. I left the session early with pneumonia, and when I returned in the fall, I was surprised to find so much disagreement on the bill. There were amendments one group wanted that another group could not agree with, so discussions went on until December. Then we were supposed to draft it, but we did not receive the final draft from the stakeholders until February. At that point, there was an indication from the health minister's assistant that the government wanted to look at the amendments as well to be sure that it could be comfortable with them, and that it might want to make further amendments.
From there, we tried to get the bill on the approval process and get it to the House. We presented it in April, and then of course it went to the bottom of the Order Paper, another 30-day delay. I have been trying to trade the bill up, but here we are running into the end of the session and many members are at the first reading of their private members' bills, so it is their only opportunity to get that done, or people who are at the second hour of second reading and want their bill to go to committee still have a chance to get it through before the end of the session, so I have not had much luck there.
View Brian Masse Profile
NDP (ON)
View Brian Masse Profile
2019-06-03 11:20 [p.28379]
Madam Speaker, I have a similar bill, Bill C-400, which requires the labelling of dog and cat fur on products that are imported into Canada. I would like the member's comments with regard to consumer rights. My bill calls for that as a basic requirement. The United States and many countries in the Europe have banned this practice. Millions of dogs and cats are slaughtered, often coming from Asian countries, and they are in children's toys, coats, and a whole series of products we see, from the dollar store to the higher-end stores.
I am arguing for consumer rights as a bare minimum. Would the member agree with that approach?
View Marilyn Gladu Profile
CPC (ON)
View Marilyn Gladu Profile
2019-06-03 11:21 [p.28379]
Madam Speaker, when it comes to aligning it with other countries, again there is a polarity of views. Within our own caucus, there were people who were strongly in favour and people who were strongly opposed. There seems to be a fear that this would creep and end up infringing on other people's individual rights to hunt and fish, and that it would also get into the area of animal welfare with respect to farming. We have seen a lot of progression in farming in Canada to allow for animal welfare and better conditions for chickens. I have toured barns and I know that is a concern as well.
View Kevin Sorenson Profile
CPC (AB)
Madam Speaker, my colleague answered most of my questions. As with other bills, sometimes I get a little concerned about the definition of what cruelty to animals may be. I am from an agricultural constituency. Other bills have taken certain ranch practices and have deemed some of that cruelty to animals.
As to the member's point about compliance with California and Europe, I have some concerns with anything using that as an argument. It may not be a very strong argument for me. Could she give more assurance on the definition of cruelty to animals? Is it by statute or is it going to creep, as she talked about?
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