Bill C-10B: Amendments to the Animal Cruelty Provisions of the Criminal Code

[Guest guest]

Bill C-10B: Amendments to the Animal Cruelty Provisions of the

Criminal Code

 

Wednesday, August 20, 2003.

 

Hamilton, Ontario: The Hamilton\Burlington SPCA, along with other

organizations and hundreds of thousands of Canadians, is fighting to

pass Bill C-10B, amendments to the animal cruelty provisions of the

Criminal Code.

 

Earlier this spring, after the Bill had already spent nearly four

years in Parliament, the Senate proposed a number of damaging

amendments that were turned down in the House of Commons. Summer

recess now means the Bill is stalled until Parliament reconvenes on

September 15.

 

The Liberal caucus is meeting in North Bay from August 19 to 21 to

discuss the issues that will lead the agenda over the coming

months. The Hamilton\Burlington SPCA wants to ensure Bill C-10B is

on that list, and that it becomes a priority for the government.

 

After nearly four years of debate on the animal cruelty amendments

to the Criminal Code, Senators voted in late May to push for four

amendments to Bill C-10B:

 

1. To change the definition of animal to extend protection only

to " a vertebrate, other than a human being. " This amendment

removes any reference to other animals (i.e. invertebrates) that

could be proven to have the capacity to feel pain.

2. To remove the offence of killing an animal without lawful

excuse, and instead insert the words `unnecessary death' into the

clause that addresses unnecessary pain and suffering.

3. To add a new provision to give special treatment to

traditional Aboriginal trapping, hunting and harvesting practices.

4. To refer specifically to the defence of colour of right by

replacing section 182.5 with the following: " No person shall be

convicted of an offense under this part where he proves he acted

with legal justification, excuse or colour of right. "

 

The House of Commons has accepted the first amendment to the

definition of " animal. " Members of Parliament, however, have

outright refused the second and third amendments. They have also

suggested replacing the wording for the fourth amendment to

read: " For greater certainty, the defences set out in subsection 429

(2) apply, to the extent that they are relevant, in respect of

proceedings for an offence under this Part. " The House chose this

wording because it does not refer specifically to colour of right

and because it suggests that not all defences may be applicable.

 

On June 6, Bill C-10B registered a huge victory when the Liberal

rural caucus and the Canadian Alliance – staunch opponents of the

Bill from the beginning – threw their support behind the

legislation. Since then, dozens of industry groups that had

previously fought against the new animal cruelty law also added

their names to the list.

 

The Bill was returned to the Senate a few days later, where Senators

defiantly stood their ground on the second amendment, and proposed a

minor change to the third amendment. They almost accepted the House

of Commons' Colour of right amendment, but requested that the

words " to the extent that they are relevant " be removed. A majority

of Senators are arguing that their changes are needed in order to

protect industry groups and Aboriginals from frivolous prosecutions

for practices that would be considered normal in the course of their

work.

 

The Hamilton\Burlington SPCA is urging members of the public to

call, fax or e-mail their local Member of Parliament to show their

support in favor of Bill C-10B.

 

An on-line petition has been created at

www.petradionet.com/petition.htm by the Hamilton\Burlington SPCA and

PetRadioNet. People wishing to have their name added to the

electronic petition are asked to send their name, address, city,

province and postal code to petition.

 

Thank you for your anticipated support to help Bill C-10B become law.

 

 

 

Rob McConnell, of Communications,

Hamilton\Burlington SPCA,

245 Dartnall Road,

Hamilton, Ontario,

L8W 3V9.

(905) 574-7722 Ext 417

rmcconnell

www.hamiltonspca.com