AFAC & Cruelty to Animals Bills

The Laws

Cruelty to Animals Bill
AFAC involvement
Existing Cruelty to Animal Section in Criminal Code

Click here for information on pdf files.

As of Sept 2006

AFAC's objective is to advance responsible farm animal welfare. We want to clarify that we are supportive of any progressive and improved legislation to increase protection for animals from cruelty and abuse, without compromising the legitimate use of animals in our daily business - farming.

Alberta has a strong Animal Protection Act that has been in place since 1967 and was recently revised. Fines up to $20,000 and prohibition of animal ownership can be levied. This Act is enforced by the Alberta SPCA in rural Alberta, other humane societies in towns and cities and enforcement agencies.

November 2005

For the past three years AFAC has not been involved directly with the progress of the Cruelty to Animals Bills other than to state our support verbally for Bill C-22.

In February 2005, Senator John Bryden introduced Bill S-24, a private member’s bill that would also amend the animal cruelty provisions of the Criminal Code. While the penalties for cruelty to animals are the same in both Bill C-50 and Bill S-24, this is where the similarities end.

November 2002

Click here for AFAC's letter to Hon. Senator George Furey supporting Bill C-10

November 2001

AFAC has continued to lobby Hon. Anne McLellan and the Standing Policy Committee on Justice. AFAC has met with Ms. McLellan's Senior Policy Analyst. A copy of the letter sent by AFAC in November to MP's follows:

November 19, 2001

Dear Members of Parliament

RE: Bill C-15b Cruelty to Animals

As you are aware from our previous letter to you, AFAC supports Bill C-15b but believes it needs to provide up-front protection for animal users. We want to ensure legitimate practices will not be at risk.

We asked that the Bill explicitly and clearly articulate the principle that it:

"will not alter or criminalize any activity which is otherwise regulated or authorized by federal and provincial legislation or applicable codes of practice, such as normal agricultural practices, hunting, fishing, trapping, ritual slaughter, animal research or food production." (Dept of Justice, Canada Aid to Interpretation of Bill C-17, April 2000).

We believe that a simple addition to the Bill will solve the concerns of producers and in no way detract from the intent of the Bill. The Poultry Welfare Coalition has provided an example to you of how the protection offered in Section 429(2) can be brought forward into the proposed Bill. We support this.

Regarding the definition of animals, the proposed Bill says, "animal means a vertebrate other than a human being and any other animal that has the capacity to feel pain." In the Alberta Animal Protection Act (and similarly the Manitoba and Saskatchewan Acts) the definition is "animal does not include human being." Is there a reason why this definition would not be considered?

We support the proposed changes, in the interest of modernizing the law, increasing penalties and responding to society’s demands. But, we remain firm in our position that up-front protection, for those who raise animals for the overall benefit of society, is articulated in the law.

We understand that this bill is for criminal offenses only. We understand how our provincial animal protection act is enforced and how it proceeds through Alberta Justice. We also understand how criminal cases proceed.

Our Alberta livestock industry takes a leadership role regarding animal welfare issues and actively promotes responsible animal care. Having clear laws in place helps make this happen.

Sincerely,

Susan Church

Manager, AFAC

October 2001

Ottawa Splits Off Animal Cruelty from Main Bill

Farmers and federal opposition politicians are welcoming a government decision to separate proposed new animal cruelty laws from other proposed changes to the Criminal Code.

They say it will give them more chance to convince the government that the proposed toughening of anti-animal cruelty laws could inadvertently harm responsible farmers.

Opponents of the bill said the governments decision could give them greater leverage to persuade politicians to change the animal cruelty provisions.

Federal justice department officials attended a meeting of the Canadian Federation of Agriculture board of directors on October 5 to listen directly to farmer concerns.

"The changes we are proposing would not dilute the government goal of getting tough with people who willfully abuse animals," federation president Bob Friesen said.

"We just want to be sure that farmers are not vulnerable to nuisance charges."

April 12, 2000 - Media Release

AFAC Supports Animal Cruelty Provisions

Alberta Farm Care (AFAC) Association supports the proposed amendments to the animal cruelty provisions of the Criminal Code (Bill C-17), as long as the intent is clearly stated in the new wording.

AFAC, in a letter to Honorable Anne McLellan, commends Justice Canada for developing more comprehensive legislation, including the strengthening of the penalties. AFAC stands firm, however, that the Bill needs to more clearly articulate that generally accepted practices of the livestock industry fall outside of the intent of this legislation.

To accomplish this, AFAC recommends two simple additions.

the wording premising all of the stated offenses read "everyone commits an offence who, without lawful excuse ..."
wording currently used in the Animal Protection Act Statutes of Alberta also be added to Bill C-17 so it reads, "proof that an activity was carried on in accordance with reasonable and generally accepted practices of animal management, husbandry or slaughter will constitute ‘lawful excuse’".

AFAC has prepared this position based on input from Guy Fontaine, a criminal lawyer, delegate to the Alberta Cattle Commission and Vice-Chairman of AFAC, Irv Yaverbaum, Senior Policy Analyst at Alberta Justice and in consultation with Alberta Agriculture, Food and Rural Development.

Mike Hart, chairman of AFAC states, we believe this approach:

cuts to the core of the many concerns raised by producers;
targets achievable, logical action;
is reasonable, rational and considerate of existing provincial acts regarding animal protection;
lets the public know Alberta’s agriculture industry does not tolerate animal cruelty or neglect;
still protects animals against damage as property in Part XI of the Criminal Code.

We have diligently reviewed all aspects of the existing Criminal Code provisions, the Animal Protection Act (APA) in Alberta and how these acts are enforced in Alberta. We wish to reinforce that because of the Alberta Livestock Protection System (ALPS), Alberta’s livestock producers are involved with the accountability and direction of animal protection enforcement in Alberta.

Call the AFAC office if you want clarification or if you want a personal presentation to your group on this sensitive subject.

Contact: Susan Church, AFAC Manager (403) 932-8050

The proposed amendments can be found at: www.canada.justice.gc.ca/en/cons/caa/index.html