Some Hon. Senators: Hear, hear.

The Hon. the Speaker: Honourable senators, when shall this bill be read the second time?

(On motion of Senator Gold, bill placed on the Orders of the Day for second reading two days hence.)

[English]

On Government Business, Motions, Order No. 131, by the Honourable Patti LaBoucane-Benson:

That, for the purposes of its consideration of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), the Standing Senate Committee on National Security, Defence and Veterans Affairs have the power to meet, even though the Senate may then be sitting or adjourned, and that rules 12-18(1) and 12-18(2) be suspended in relation thereto.

The Hon. the Speaker informed the Senate that a message had been received from the House of Commons with Bill C-290, An Act to amend the Public Servants Disclosure Protection Act and to make a consequential amendment to the Conflict of Interest Act.

(Bill read first time.)

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]

The Hon. the Speaker: Is it your pleasure, honourable senators, to adopt the motion?

The Hon. the Speaker: Is leave granted, honourable senators?

The Hon. the Speaker: Is leave granted, honourable senators?

Hon. Senators: Agreed.

(On motion of Senator Bellemare, debate adjourned.)

[English]

The Senate proceeded to consideration of the twelfth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled More than a Vocation: Canada’s Need for a 21st Century Foreign Service, deposited with the Clerk of the Senate on December 6, 2023.

Hon. Mohamed-Iqbal Ravalia: Honourable senators, I rise today in support of Bill S-280, An Act respecting a national framework on sickle cell disease. I applaud our colleague Senator Mégie for her extensive consultation with physician specialists and the presidents of the Canadian and Quebec sickle cell disease associations, as well as patient advocates, in helping to develop this bill. I would also like to recognize our colleague Senator Jane Cordy, who championed the designation of June 19 as National Sickle Cell Awareness Day in 2017.

As Senator Mégie has clearly outlined, this bill aims to bridge the current gaps in sickle cell disease knowledge, diagnosis and management. It aims to raise awareness amongst health care providers, improve research and facilitate evidence-based knowledge exchanges through a national registry. It will also help address the existing disparities, and ensure equal access to universal newborn screening and diagnosis.

In Canada, an estimated 6,000 Canadians live with sickle cell disease, and approximately 1 in 2,500 newborns will have the disease.

Sickle cell disease is a hereditary blood disorder characterized by abnormal hemoglobin — the protein responsible for carrying oxygen in red blood cells. The condition primarily affects individuals of African, Mediterranean, Middle Eastern and Indian descent. These deformed red blood cells can block blood vessels, leading to a reduction in oxygen supply to the tissues — the so-called vaso-occlusive crisis.

Individuals living with sickle cell disease frequently experience these crises, characterized by severe pain due to blocked blood vessels. These episodes can occur anywhere in the body, and often necessitate hospitalization for pain management and hydration.

The destruction of sickle cells can lead to chronic anemia, causing fatigue, weakness and pallor. It can also increase susceptibility to infections.

Prolonged vaso-occlusion can result in damage to other organs, often affecting the liver, kidneys, lungs and bony skeleton. Over time, this leads to chronic organ dysfunction.

Sadly, sickle cell disease also increases the risk of stroke, particularly in children. The abnormal blood flow causes sickle cells to clog up arteries, leading to brain damage and neurological deficits.

Honourable senators, in my own experience during my training as a physician in Southern Africa, I witnessed the tragic consequences of this disease and its devastating impact on the quality of life of those affected.

Many countries have implemented newborn screening programs to identify infants with sickle cell disease early, allowing for prompt intervention and management. With our changing demographics, it is imperative that we standardize these screening programs across the country to target at-risk populations.

Addressing pain is a crucial aspect of the management of sickle cell disease. Pain-relief strategies may include medications, physical therapy and psychological support. However, individuals with the disease are often labelled “drug seeking” and denied appropriate medications for pain relief, particularly in settings where there is a poor understanding of the disease and its devastating sequelae.

Despite advances in the understanding and management of the disease, challenges persist. As Senator Mégie outlined, access to comprehensive care, including specialized clinics and medications, remains elusive in many parts of our country.

Sadly, the spectre of anti-Black racism rears its ugly head in the overall response to individuals living with sickle cell disease. These unaddressed issues of racism within the health care system against individuals who are susceptible to the disease create additional barriers to care for those who need it most.

The lack of funding for research in Canada puts us at a significant disadvantage and needs to be addressed by the funding agencies and federal government. There holds strong promise for curative potential using gene therapy and gene-editing techniques, a transformative development that is now available in the United Kingdom.

Colleagues, sickle cell disease is a complex genetic disorder with a wide-ranging impact on the health and well-being of affected individuals. Ongoing research, improved diagnostics and enhanced access to specialized care are essential in mitigating the complications associated with it.

As we move forward, a multi-faceted approach involving medical, genetic and social interventions is crucial to improve the quality of life for those living with this challenging condition.

Honourable senators, this is an important bill and should be referred to committee for further study and consideration.

I thank you. Meegwetch.

(On motion of Senator Martin, debate adjourned.)

Hon. Senators: Agreed.