November 28, 2002

The Hon. Senator George Furey
Chair, Senate Standing Committee on
Legal and Constitutional Affairs
Room 216-East Block
The Senate of Canada, Ottawa

Dear Senator Furey,

RE: Bill C-10 (Cruelty to Animals)

The board of the Alberta Farm Animal Care Association (AFAC) represents all of Alberta’s major livestock organizations. We want you to be fully aware that at our November 26, 2002 board meeting, we unanimously supported the urgent need to pass Bill C-10 (Cruelty to Animals) and to contact you regarding our position.

We believe our voice of reason has not been heard. With advice from Alberta Justice’s Senior Policy Analyst, Irv Yaverbaum, my 40 years experience as a criminal lawyer, our board’s close involvement with Alberta’s animal welfare legislation, and our knowledge of the enforcement and prosecution process, we believe the livestock industry has nothing to fear from the Bill. We believe that industry or producer concerns over the threat of frivolous and vexatious prosecutions, the status of animals and the perceived loss of proprietary interests, the definition of animals and lack of defenses are often misguided and based on emotion inflamed by animal rights activists.

We do understand that Section 8(3) provides the overriding common law defenses.. However, had our original request of clearly articulating that generally accepted practices (lawful excuse) fall outside the intent of this legislation, been heeded 2 years ago, we believe the animal-use group opposition to the bill would have been ameliorated and the divisive nature of the extreme positions quieted.

The Justice Canada – Aid to Interpretation of Bill C-17 (Cruelty to Animals), April 2000, reads: the Bill.

"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."

Nonetheless, we again ask that a suitable amendment, as it exists in the Alberta Animal Protection Act, be added to reassure farmers and other animal users. This would not deter from the intent of the Bill.

We urge you to take action now.

Should you desire further information please contact me at (780) 428-0707.

Sincere regards,

Guy Fontaine, LLB

Chairman of AFAC, and representing the Alberta Cattle Commission on AFAC’s Board
cc: Members of Senate Standing Committee on Legal & Constitutional Affairs, Marcy Zlotnick, Committee Clerk