Hon. Marc Gold (Government Representative in the Senate): Honourable senators, on behalf of the Government Representative Office, I am pleased to welcome five new colleagues to the Senate of Canada: senators Marnie McBean, Paulette Senior, Toni Varone, Mary Robinson and Mohammad Al Zaibak. I look forward to working with all of you.

We all remember Senator McBean’s triumphs rowing for Canada in 1992 and 1996. She is one of only two Canadians to be a triple gold medallist at the summer games. She was Team Canada’s chef de mission for the Tokyo 2020 Olympic Games, leading Team Canada to one of its best Olympic results ever. She currently serves on the Board of Directors of the Canadian Sport Institute Ontario and Right to Play Canada. She remains committed to many social-justice-related causes, including the Special Olympics Canada Champions Network.

Senator McBean was awarded the Thomas Keller Medal by World Rowing and was inducted into the Canadian Olympic Hall of Fame and Canada’s Sports Hall of Fame. She received the Bonham Centre Award for increasing awareness of sexual diversity, as well as the Bruce Kidd Leadership Award for her leadership and contributions to Canadian athletics.

Senator Paulette Senior has devoted her life and her career to women’s issues. She is currently the President and Chief Executive Officer of the Canadian Women’s Foundation and was previously the Chief Executive Officer of YWCA Canada.

Her work has included promoting gender equity, addressing gender-based violence, reducing women’s poverty, shrinking the wage gap and promoting the empowerment of women and girls across this country. Senator Senior has worked with all levels of government and civil society to address issues of poverty, housing, immigration and social justice.

She has managed and operated Toronto-based shelters, employment programs and housing programs and sat on the Board of Directors of the Women’s College Hospital and on the G7 Gender Equality Advisory Council. In 2022, she was appointed to serve as a member of the Independent Advisory Board for Supreme Court of Canada Judicial Appointments.

Senator Toni Varone is a businessman and philanthropist who has been recognized for his work in building affordable housing and his commitment to the social and cultural life of the Italian-Canadian community.

As President of the Varone Group, he oversees companies specializing in hospitality, construction, land development and property management services. Senator Varone has also been involved in community and government initiatives, including the creation of safe and affordable shelters for those in need. He is a board member of the Villa Charities foundation and is President of The Italy Earthquake Relief Fund and member of the Peace Through Valour Committee.

Senator Varone is the recipient of the Canadian Italian Business and Professional Association Community Achievement Award, the Italian Canadian Chamber of Commerce Business Excellence Award and the Heart and Hand Award from Villa Charities.

Senator Mary Robinson will represent her home province of Prince Edward Island and will be a strong voice for Atlantic Canada. Senator Robinson brings a wealth of experience to the Senate as a managing partner of the Robinson Group of Companies, a sixth-generation farm and agribusiness in Prince Edward Island. She is also involved in agricultural sector organizations at the provincial, national and international levels.

Senator Robinson was a Board Member and President of the P.E.I. Federation of Agriculture, the first female President of the Canadian Federation of Agriculture and the first female Chair of the Canadian Agricultural Human Resource Council.

Senator Al Zaibak is a successful entrepreneur and a generous philanthropist. He is an expert in public-private partnerships and international negotiations, especially in the technology sectors. Senator Al Zaibak has worked to strengthen the economic, social and cultural ties between Canada and the international community, especially between Canada and Arab countries.

He served as Director of the Canadian Chamber of Commerce and Chair of its International Strategic Advisory Committee and is a former chair of the Canada Arab Business Council. Senator Al Zaibak is a co-founder of Lifeline Syria, a not-for-profit organization that helped the sponsorship and settlement of nearly 1,200 Syrian refugees in Canada.

To our five newest colleagues, your wealth of experience, your accomplishments, your leadership skills, your devotion to this country are very much welcome additions to the Senate. My team, all senators and I look forward to working with you. Congratulations.

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, I’m pleased to rise today to speak to Bill S-15, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and lnterprovincial Trade Act, which the government introduced in this chamber on November 21, 2023.

Bill S-15 is a continuation of the crucial work the Senate has done to protect animals. It builds on Senator Boyer’s work to prevent animal abuse, Senator MacDonald’s ban on shark fin imports, former Senator Stewart Olsen’s work on animal testing for cosmetics and former Senator Moore’s work on whale and dolphin captivity.

Our former colleague, Senator Murray Sinclair, proposed legislation similar to Bill S-15 during his tenure. This was later taken up by our colleague Senator Klyne, whom I’m very pleased is serving as the Senate sponsor for this bill. In his sponsor’s speech, Senator Sinclair stated:

In many Indigenous cultures, we use the phrase, “all my relations” to express the interdependency and interconnectedness of all life forms and our relationship of mutual reliance and shared destiny. When we treat animals well, we act with both self-respect and mutual respect.

When asked why we need this bill, his response was simple: “ . . . we owe it to the animals.”

[Translation]

Wild animals in captivity remain a growing concern for Canadians and for many people around the world. This bill will help us have this important conversation and uphold the Minister of Environment and Climate Change’s commitment to introduce and implement legislation to protect animals in captivity.

[English]

Bill S-15 amends two existing federal statutes, the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, or WAPPRIITA, to prohibit the captivity of elephants and great apes except in limited circumstances.

Colleagues, Bill S-15 takes a narrower approach than Bill S-241, which was introduced in this chamber in March 2022, by focusing solely on phasing out the captivity of elephants and great apes in Canada.

Provinces and territories have primary responsibility for protecting animal welfare, and the federal government recognizes the significant role that many provinces play in regulating animals in captivity. It has been well-documented, however, that differences exist across jurisdictions, and that these differences may result in gaps in the protection of wild animals in captivity in Canada. That is why the Government of Canada has committed to engaging with provinces, territories and stakeholders to discuss the potential value of a national approach to protecting animal welfare and public safety in relation to captive wildlife and to build on existing federal and provincial roles and best practices.

Bringing together partners and stakeholders to advance discussions on issues like roadside zoos or dangerous wild animals being kept by private individuals will lead to improved outcomes for captive wildlife. The scope and focus of the national engagement will be determined following initial consultations with the provinces and territories.

Bill S-15 is another step in the right direction for protecting animals in captivity while continuing to respect federal and provincial jurisdiction. As I’ve implied, it builds on measures already in place at the federal level that can apply to these animals.

Let me address some of those.

The Criminal Code currently includes provisions and contains several offences related to animals in captivity, including an offence against willfully causing unnecessary pain, injury or suffering to animals. These provisions apply to all animals, including those kept as pets by private individuals or in zoos and similar facilities.

The Criminal Code also prohibits the ownership, custody or control of whales and other cetaceans kept in captivity, with limited exceptions, such as for the rehabilitation of a cetacean in distress. The code prohibits a variety of activities associated with the use of these animals in performances for entertainment purposes unless provincially licensed. It also prohibits the breeding or impregnating of cetaceans as well as possessing or seeking to obtain their reproductive material subject to limited exceptions, for example, unless it is done in accordance with a provincial or federal permit. Some members of this chamber would recognize these provisions as they were introduced in the Senate under Bill S-203, the Ending the Captivity of Whales and Dolphins Act, which received Royal Assent in 2019.

As a complement to the code provisions relating to cetaceans, the Fisheries Act also prohibits fishing for a cetacean with the intent to take it into captivity, with limited exceptions; for example, when the cetacean is injured, in distress or in need of care. It also prohibits the import or export of living cetaceans or their reproductive material without a federal permit.

Another example of federal legislation that has an impact on certain animals in captivity is the Health of Animals Act and its regulations. This legislation is intended to protect the health of Canadian animals and people. It includes measures for the prevention and control of diseases, and sets out conditions for importing and exporting animals and the requirements for humane transport of animals to, from and within Canada.

Finally, Environment and Climate Change Canada, with the assistance of other federal departments and agencies, administers WAPPRIITA to regulate trade in plants and animals. Part of the act’s mandate is to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or CITES. This convention has been adopted by over 183 parties and was ratified by Canada in 1975. CITES regulates the international trade of wild animal and plant species that have been or may become threatened with over-exploitation because of trade. Species are listed under CITES based on the level of protection needed for conservation purposes.

Under WAPPRIITA and CITES, protection is achieved by controlling the trade of specimens of listed plant and animal species — whether alive or dead — and their parts or derived products. Permits could be issued if the species was legally acquired, and the import or export is not detrimental to the survival of the species.

Some requirements under CITES apply specifically to living plants and animals — for example, ensuring the proper care and shipment of the listed specimen. Elephants and great apes are already protected under CITES for conservation purposes.

Bill S-15, for its part, would strengthen the protections afforded to elephants and great apes in federal law.

Now, a combination of factors suggests that elephants and great apes, like cetaceans, should not be kept in captivity because of the cruelty to those animals that it represents. These are intelligent animals. They live long lives. They are large animals with a complex social functioning order and exhibit elaborate parental care.

[Translation]

Elephants and great apes come from warm climates, with specific habitat needs and extensive home ranges. Negative welfare indicators, such as poor health and bad behaviour, have been documented when these animals are kept in captivity. In his speech as sponsor of the bill, Senator Klyne talked about how captivity affects these animals. The details he provided compel us to take action to protect these amazing animals.

[English]

Bill S-15 recognizes that there are certain circumstances, however, where the captivity of elephants and great apes can be justified. Conservation programs run by zoological facilities can make significant contributions to the long-term survival of species in the wild, even when these programs involve the keeping of captive populations.

The Species Survival Commission of the International Union for Conservation of Nature recently published a report supporting the role of botanical gardens, aquariums and zoos in species conservation. Likewise, scientific research may be vital to our understanding of these animals and assist us in ensuring their survival in the wild. Finally, in some cases, the captivity may be in the best interests of the elephant’s or great ape’s welfare itself.

The goal of Bill S-15 is to phase out the captivity of these animals for purely private, entertainment or public display purposes over time.

The proposed amendments to the Criminal Code in Bill S-15 would prohibit the possession, breeding, impregnating or failure to take reasonable measures to prevent natural breeding of elephants or great apes in captivity in Canada. These prohibitions would be subject to a limited number of exceptions. These would include existing animals in captivity for veterinary care or when captivity is provincially or federally authorized for a justified purpose. Several activities related to the use of these animals in performance or entertainment purposes, which is framed broadly in the bill, would be prohibited, colleagues, without exception.

The proposed amendments to WAPPRIITA in Bill S-15 would complement the Criminal Code amendments by prohibiting the import and export of living elephants and great apes and would set out the federal authorities needed to allow captivity, breeding, import or export under limited circumstances.

The new permitting authorities in Bill S-15 required for the importation or exportation of a living elephant or great ape would build on top of the existing authorities in the act. A CITES permit will still be required for elephants and great apes to cross the Canadian border. However, if a person wanted to import or export a living elephant or great ape, the Minister of Environment and Climate Change must assess whether the import or export is in connection with a scientific research program, conservation program or in the best interests of the animal’s welfare.

The WAPPRIITA amendments would include the authorities for the Minister of Environment and Climate Change to issue permits related to the Criminal Code prohibitions on possessing and breeding elephants and great apes. These permits could authorize the possession or breeding of elephants or great apes in connection with a scientific research or conservation program and, again, if captivity is in the best interests of the elephant’s or great ape’s welfare.

Allowing for the issuance of federal permits for the keeping of elephants and great apes in captivity would also fill the gap should any province or territory not have a licensing regime. The federal government’s intent is to develop a policy that will elaborate on the criteria and conditions that could apply to each type of permit.

Colleagues, in my humble opinion, we would be hard-pressed to find a reason not to support this bill. Bill S-15 has been carefully crafted to address many concerns that were raised in the context of the debate on Bill S-241 — namely, the question of constitutional jurisdiction — and it was developed following proper consultation with relevant stakeholders in the field.

Colleagues, I would ask that Bill S-15 be referred to committee quickly so that we might hear from the experts who deal with these large animals. The protection of these large animals is timely considering the national engagement on this discussion.

Colleagues, on that, I conclude. Thank you for your kind attention.

(On motion of Senator Martin, debate adjourned.)

[Translation]