Groups rally against animal cruelty bill
SOURCE DATE: August 21, 2005
AUTHOR: Jeremy Loome
Edmonton Sun
www.edmontonsun.com/News/Edmonton/2005/08/21/1182073-sun.htmlA New Brunswick senator says he has the majority support of his colleagues to keep Canada's proposed animal cruelty rules from becoming law this fall.
Sen. John Bryden says he has support of more than 100,000 farmers, anglers, hunters and research scientists to instead back his private bill in the Senate amending the laws.
That has Conservative justice critic Vic Toews questioning whether his party should continue to back the federal government's Bill C-50.
"We have had three ministers of justice in succession say the primary reason for having this bill is to increase penalties and for housekeeping to modernize language.
"But no one ever seems to have done proper evaluation of the impact on people who use animals every day."
With Tory support, the bill was expected to finally pass into law this fall, after seven years and multiple amendments.
It moves animals out of the property crimes section of the Criminal Code, toughens penalties - from a maximum $2,000 fine to $10,000 and up to 18 months in jail - and clearly defines affected animals as having vertebrae.
It was held up in the Senate when a federal election was called last year, dying when Parliament dissolved. The law hasn't been significantly revised in more than 100 years, since its introduction as a part of property rights enforcement.
"There is wording in this legislation to protect traditional practices and lawful activity involving animals," said Roger Couvrette, with the Canadian Federation of Human Societies.
"You need a prosecutor to approve a charge, and prosecutors aren't going to be going after farmers and anglers. "
But Bryden's supporters, including the 78,000-member Ontario Federation of Anglers and Hunters, say they won't take that chance.
They say the bill uses such terms as "brutal" and "vicious" treatment without defining them. It also allows for prosecutions due to "unnecessary pain."
As such, it's open to charges and, more likely, nuisance lawsuits, to further goals of animal rights groups but make life difficult for traditional users, said Bryden.
"Does a catch-and-release fisherman, who takes part in a sport which is unnecessary, have to worry about being charged for causing fish pain? The opinions we've seen suggest they do." That makes Toews nervous about forging ahead. "I was of the impression that at this stage all of the stakeholders were behind this," said Toews.
"I haven't heard from the hunting and fishing groups with respect to this so I'm taken a bit by surprise that they're still opposed.
"The important thing is there is still time before the fall for them to communicate those concerns and no doors have been closed. We haven't made any absolute commitments."
Bryden suggested the bill tries to protect such groups by calling for exemptions for "lawful excuse" - when it relates directly to a lawful, licensed activity such as hunting, fishing or traditional practices.
But Supreme Court precedent has removed licensing as an absolute defence, he noted.
Maybe there's a workable middle ground, said Edmonton Special Const. Carly Grandysh.
"The big thing is we have to understand that animal cruelty can't be dealt with lightly.
"Under current legislation that happens, because it's a maximum $2,000 fine," she said. "If it takes adding a list of people who are exempted to get that done, then maybe that's what they should do."
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Topic: PETA's favorite Bill C 50. Be very concerned! (Read 2592 times)