Dear Sir/Madam:

We are dismayed by the continued delay to the passage of Bill C-10B, amendments to the Criminal Code to improve protection of animals against cruelty. The Bill has been scrutinized intensely since it was introduced in December 1999, and amendments were made before it was approved by the House of Commons and sent to the Senate last fall. It is now before the Senate which appears to be considering further amendments that could weaken the Bill and will certainly delay it, since it will have to go back to the House.

Scientists, philosophers, animal users and society in general agree that animals can suffer and that cruelty to animals should be a criminal offence with adequate penalty. There is ample case evidence that treating cruelty to animals as property offenses has contributed to inadequate penalties and a lack of deterrence. Bill C-10B recognizes this by moving animal provisions from the property offenses part of the Criminal Code to a new section, V.I Cruelty to Animals. Under the new law, cruelty to a stray cat would be prosecuted based on the cruelty involved and the suffering of the cat; the case would not be dismissed because no owner or monetary value for the cat can be established, as happens too often under the current provisions.

In addition, the new Bill increases penalties for those convicted of willful and unnecessary animal cruelty or neglect, and allows for prohibition of future pet ownership. These changes are widely applauded.

So why the prolonged delay in passing C-10B? Unfortunately some groups continue to argue that the Bill will permit frivolous prosecutions against legitimate animal use groups. In fact, there is more protection than in the current legislation, since C-10B makes animal crimes hybrid offenses, which are subject to a screening process specifically to rule out frivolous prosecutions. Also, section 8(3) of the Criminal Code allows the use of any common law principle as justification for an act, including “lawful excuse.” Farming, hunting, fishing, scientific research, and the practice of veterinary medicine would all qualify as lawful excuse. This would prevent the prosecution of people undertaking these activities, unless they are willfully doing cruel things to animals well outside of standard practices. In such a case, they would be subject to prosecution, as is appropriate. This is why there can be no blanket exemption for such groups, as some continue to insist.

Bill C-10B is widely supported across Canada. It should be passed as it now stands, without further delay and without further amendment. We believe it will make a significant contribution to the protection of criminally abused animals in Canada.

Alice Crook, BSc DVM and Caroline Hewson, MVB PhD
Sir James Dunn Animal Welfare Centre
University of Prince Edward Island

Denna Benn, DVM., MSc
Chair, Animal Welfare Committee of the Canadian Veterinary Medical Association

Ian J.H. Duncan, BSc PhD
Chair in Animal Welfare
University of Guelph