Cruelty to Animals Bill

May 21/03... THE STANDING SENATE COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS

Clause by Clause Review of Bill C-10B
An Act to amend the Criminal Code (cruelty to animals)
OTTAWA, May 14 & 15, 2003

The Committee met over two days to conduct a clause by clause review of Bill C-10B. The various clauses were adopted with the following amendments:

1. Definition of Animal
   Clause 2, Section 182.1
   Original Wording: In this Part, "animal" means a vertebrate, other than a human being, and any other animal that has the capacity to feel pain.
   Amended Wording: In this Part, "animal" means a vertebrate, other than a human being
   The definition of animal has been revised to "a vertebrate other than a human being". The added phrase "and any other animal that has the capacity to feel pain" has been deleted.
   
2. Lawful Excuse and Unnecessary Death
   Clause 2, Section 182.2 (1)(a) & (c)
   (1) Every one commits an offence who, wilfully or recklessly,
   Original Wording: (a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal
   (c) kills an animal without lawful excuse
   Amended Wording: (a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to, or the unnecessary death of, an animal.
   The phrase "or the unnecessary death of" has been added to paragraph (a). Paragraph (c) has been deleted.
3. Protection of Traditional Aboriginal Practices
   Clause 2, 182.2 (3)
   New Paragraph: No person shall be convicted of an offence under paragraph (1)(a) if the pain, suffering, injury or death is caused in the course of traditional hunting, trapping or fishing practices carried out by a person who is one of the Aboriginal peoples of Canada, in an area in which Aboriginal people have harvesting rights under or by virtue of existing Aboriginal or treaty rights within the meaning of section 35 of the Constitution Act, 1982, and any pain, suffering or injury caused is no more than is reasonably necessary in carrying out of these traditional practices.
4. Colour of Right, Legal Justification or Excuse Defence
   Clause 2, 182.5
   Original Wording: For greater certainty, subsection 8(3) applies in respect of proceedings for an offence under this Part.
   Amended Wording: No person shall be convicted of an offence under this Part where he proves that he acted with legal justification or excuse or with colour of right.
   
   According to the May 15 clause-by-clause meeting, the Committee will include their "observations" during the report stage, in order to highlight some concerns by certain committee members. It is anticipated that the Bill will return to the House on May 27.