Senator Miville-Dechêne: Yes.

Senator Miville-Dechêne: No.

Senator Miville-Dechêne: Yes, there is a two-tiered system because the only zoos listed in the bill are those with AZA certification. You name them in the bill. By doing that, you give them additional protection because, even if they lose their certification at some point, they will always be listed in the bill as designated, while the other hundred or so zoos will have to go through a certification program. I know you have adapted the standards, but you have also given the seven zoos listed in the bill a special privilege and a free pass. I see that as a problem, but I think we can continue to think about it.

Hon. Julie Miville-Dechêne: Honourable colleagues, I rise today to speak to Bill S-241, the Jane Goodall Act, which was introduced by my colleague, Senator Marty Klyne.

To start, I believe it is necessary to strengthen the protection of wild animals in captivity and to outright ban the purchase and breeding of elephants, great apes and cetaceans. In a world increasingly concerned with animal welfare, keeping wild animals in captivity for human enjoyment is less and less acceptable.

One shameful example of this situation occurred in the heart of Quebec and clearly demonstrated the importance of taking action. In May 2018, 200 neglected and abused animals were seized from the Zoo de Saint-Édouard in Mauricie. It was the largest seizure in Canada. These exotic animals, which included lions, tigers, bears and kangaroos, had been deprived of veterinary care and kept in inadequate and unsanitary facilities. The investigation was sparked by a tip about mistreatment from a woman who had visited the zoo.

This scandal raised many questions about good practices at zoos. The Zoo de Saint-Édouard had been flagged several times, but always managed to hang onto its permits.

How can we prevent such abuse from happening? Some would like to close all zoos and aquariums. However, that is not the intent of Senator Klyne’s bill.

Instead, the bill proposes a complex, comprehensive reform with regard to prohibited species and the necessary permits. The legislation would impose much stricter national regulations regarding the possession of certain species of cats, primates and canines.

The bill would enable zoos and aquariums to keep the wild animals they already have, but it would impose stricter conditions on their captivity for the future.

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Bill S-241 would ban nearly all zoos from keeping more than 800 species of wild animals, including big cats, bears, wolves, seals, sea lions, certain reptiles, like crocodiles, and venomous snakes. These animals were selected because some are more dangerous, or they need more space or a different climate than ours.

If they want to override this ban, the 100 or so wildlife attractions in Canada will have to apply for licences from the federal or provincial government, with strict conditions related to scientific research and the interests of the animal.

Institutions will also be able to obtain a designation as an eligible animal care organization provided they meet a series of conditions, including animal care recognized at the highest standards, best practices and the establishment of a mechanism protecting whistle-blowers employed in zoos.

Some believe that obtaining permits will be complicated. The owner of Parc Safari in Hemmingford, Quebec, also believes that the Bill S-241 project is a first step towards the end of zoological institutions due to restrictions on the import and export of animals.

Personally, I have nothing against raising standards and implementing additional restrictions aimed at better protecting animals, but I’m concerned about the deferential treatment given in this bill to Canadian zoos and aquariums. On the one hand, almost all zoos and aquariums will have to try to obtain permission from the federal administration once the law is enforced. However, the law grants exemptions to seven zoos and aquariums in Canada because they are members of a private American organization: the Association of Zoos and Aquariums, or AZA. These seven organizations are the Zoo de Granby, the Calgary Zoo, the Montréal Biodôme, the Toronto Zoo, Ripley’s Aquarium of Canada, the Assiniboine Park Zoo in Winnipeg and the Vancouver Aquarium. These are generally larger institutions with more resources. Obtaining an AZA accreditation costs around US$12,000, but above all, it takes dedicated staff and months, if not years, of preparation.

According to Senator Marty Klyne and the groups he consulted, the treatment given to the seven establishments is justified because AZA applies very high criteria before granting its stamp of approval. AZA is based in Maryland and accredits mainly American attractions but also those in a dozen other countries. Its standards are higher in some respects than those of its Canadian counterpart, Canada’s Accredited Zoos and Aquariums, or CAZA.

I repeat that when it comes to animal welfare, it is very important to put forward the highest standards, as Bill S-241 does. This is not what is at issue, and that is why I support this bill. However, it seems to me to be unfair to favour certain establishments over others. In my opinion, all zoos and aquariums should face the same administrative procedures. Either they all have to go through the same process to obtain a permit or all those who meet the criteria should be exempted, regardless of their AZA accreditation.

The two-tiered system proposed by the bill gives these seven zoos and aquariums a significant advantage, because even if some of them do not respect their obligations in the future, it might be necessary to modify the law, which is not always a quick procedure.

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Truth be told, that is the part of the bill that was deemed to be rather unfair by some zoos that have fewer resources but that are making an effort to improve their animals’ living conditions. The Zoo sauvage de Saint-Félicien is one of them. I thank Senator Klyne’s office for taking the time to meet with Lauraine Gagnon, the zoo’s chief executive, who is very concerned that this bill will jeopardize the future of her zoo. She started by contacting her MP, Alexis Brunelle-Duceppe, who also did not understand the differential treatment set out in Bill S-241, and that began a dialogue.

The Saint-Félicien zoo is a major tourist attraction in Saguenay—Lac-St-Jean. It drew over 200,000 visitors a year before the pandemic. It is a not-for-profit organization that treats its animals in an exemplary manner. All of the animals are native to the boreal forest, and they have a lot of space. In fact, at this zoo, the visitors are the ones in cages. They ride through the park in a train, while the animals roam relatively freely within a 324‑hectare park. The animals are kept in spacious enclosures that far exceed the requirements. The Saint-Félicien zoo participates in scientific research and is collaborating on a reputable foreign program for endangered species.

Bill S-241 would affect 10 of the 75 species at the Saint-Félicien zoo, which is why the zoo’s director is concerned. She pointed out that her zoo is a not-for-profit organization and that obtaining permits would take time and resources. She would like the zoo to be treated the same as the seven zoos and aquariums that are exempt from the administrative procedures. She doesn’t understand why organizations that meet the standards set out in Bill S-241 are at a disadvantage solely because they are not members of AZA.

The Saint-Félicien zoo is just one example, of course, and I am not claiming to know what kind of living conditions exist for animals in the hundred or so other zoos and aquariums across Canada. However, I think it is worth reviewing the process for issuing the permits to ensure that all of the organizations that meet the standards are treated fairly, without any undue administrative advantage.

Benoît Pelletier, a law professor at the University of Ottawa, says that this special treatment depending on whether an organization belongs to a foreign private association could be challenged on the basis of the principles of natural justice within our own administrative laws.

This legislation could also be complicated to implement. The federal government shares jurisdiction over wild animals in captivity with the provinces. How will the provinces react if the federal government refuses or is slow to grant a designation of animal care organization to an attraction that contributes to regional development? Will the Environment Minister have the means to inspect zoos regularly, or will he rely solely on whistle-blowers, visitors or animal rights organizations? The zoos that will be required to comply with the new rules will have some time to make the transition. They will be able to keep prohibited animals until the animals die. However, the movement towards enhanced standards is unstoppable. The public is increasingly interested in animal welfare, and Indigenous peoples have been for far longer.

Valéry Giroux, a University of Montreal professor who specializes in animal ethics, spoke to this issue on Radio-Canada. She said:

Parents who take their children to the zoo usually have excellent reasons for doing so. They want to foster their children’s interest in nature, their respect for animals. The problem is that the animals in zoos are psychologically disturbed, so they don’t accurately represent their cousins living in the natural environment. Visiting the zoo is not like going out into nature; it’s more like visiting a prison or a psychiatric hospital. By taking children to the zoo, we’re not teaching them to develop compassion for animals or to respect biodiversity. Instead, we’re teaching them that wild animals are meant to be kept in captivity to entertain us. We’re teaching them that it’s okay to capture animals, to deprive them of their freedom, to interfere in their social bonds, all for our own entertainment.

This new vision of animal welfare stands in stark contrast to the way that we saw it as children and that many of us have passed on to our children.

I thank Senator Klyne for this ambitious effort. Further study in committee will help us assess whether amendments are needed to make the bill fairer and to ensure that its implementation is as smooth and efficient as possible.

Thank you.

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