Hon. Chantal Petitclerc: Honourable senators, I rise again today in the interest of animal welfare and protection, this time in support of Bill S-15.

As you can imagine, my speech will be quite unlike Senator Carignan’s.

My interest in advocating for animal welfare predates my Senate appointment by a long time. That interest became a priority for me thanks to many of my honourable colleagues, including Senator Moore, whose Bill S-203 ended the captivity of whales and dolphins; Senator Stewart Olsen, who worked to ban cosmetics testing on animals in Canada; and, of course, Senator Sinclair, whose Bill S-218 made us even more aware of and informed about the reality of elephants and large mammals.

[English]

Senator Klyne, I thank you for keeping this project alive by introducing Bill S-241, and for currently sponsoring this bill.

One great strength of this place, I believe, is that it allows us to access a large dose of wisdom which, once combined with reliable and verified data, can lead us to change. My sensitivity to this issue has also been sharpened through my role as a parent.

I’ve said it in other speeches, and I want to insist and repeat the following: My son and young people of his age impress me with their relationship with animals and nature — which is not one of domination, but one of respect and inclusion. They grow up with the awareness of being part of nature, which they already know to be very fragile. This fills me with both a sense of hope and a great responsibility not to let them down.

Every time we have a bill before us that aims to ensure animal welfare and to protect nature, I can’t help thinking that we’re also doing it for our children and the world in which we want them to grow up.

[Translation]

We need to recognize that animal welfare in Canada involves a number of players and different approaches by different levels of government. The measures proposed in Bill S-15 will become part of an animal protection ecosystem in which the provinces and territories each already have their own laws and regulations, because animal protection is largely within their jurisdiction.

In addition to provincial and territorial laws governing specific aspects of animal welfare and specific species, the Criminal Code protects animals from cruelty and neglect. Many other federal mechanisms have also been put in place to reinforce animal protection across the country. Alongside these legal and regulatory provisions, we have accrediting bodies that issue animal care and treatment certifications.

Of course, we mustn’t forget the animal rights organizations that are doing a great job of helping to enforce laws and raise awareness about the importance of animal life.

[English]

It’s in this ecosystem where the measures set out in Bill S-15 fit in.

I will not revisit the fact that elephants and great apes are very intelligent and sentient animals, and that they need an environment that respects their natural behaviour and needs — and that they do not belong in captivity. Over the last few years, we have heard a great amount of compelling scientific data and literature. Let’s see what the bill intends to do.

[Translation]

By adding a new offence to the Criminal Code, the government aims to prohibit the possession, breeding or impregnation of elephants and great apes in captivity. Owners of these animals would also be responsible for preventing their natural reproduction in captivity. In addition, a new offence would prohibit the use of captive elephants and great apes for entertainment purposes, with a maximum fine of $200,000. The other amendment concerns the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. This act, once amended, would prohibit the importation of elephants and great apes into Canada or their exportation from Canada.

[English]

There are, however, several exceptions to all these prohibitions. For example, an exception may be granted if it’s in the best interests of the animal, or for conservation or scientific programs authorized by the federal or provincial government. Since it’s not a total ban, it will be vital to ensure that these safeguards are strong and rigid when those exceptions are made. The criteria must be rigorous and based on facts, because clearly this is where everything will play out.

In this regard, I’m reassured that the Minister of Environment and Climate Change, the Honourable Steven Guilbeault, has stated:

New elephant or great ape captivity in Canada should require meeting a very high bar, in terms of value for the best interests of the animal’s welfare, conservation, or science, based on the evidence and weighing the alternatives. . . .

When announcing the tabling of this bill, Minister Guilbeault also said that he was open to discuss “. . . with senators about potential amendments to this Bill.” His openness to improving this bill leads me to address the limited scope of Bill S-15 compared to what has already been proposed to us in Bill S-241.

[Translation]

In response to the point of order on Bill S-241, Senators Gold, Dalphond and Klyne clearly outlined the differences between the two bills. Personally, I had no issue with the inclusive intention of Bill S-241, which aimed to protect, in addition to elephants and great apes, close to 800 other wild animal species in captivity, thereby extending new legal protections to them as well. I also supported the mechanism that would have allowed for the removal or addition of certain protective measures by order-in-council, based on factors relating to the well-being of the animals in captivity, something that Bill S-15 does not do.

You may recall the tragic events that occurred in New Brunswick back in 2013, when two boys were killed by a python. This tragedy prompted Senator Klyne to include protections in his bill for all venomous reptiles and dangerous reptiles, including crocodiles, alligators and 12 anaconda, python and boa constrictor species. These measures, created for public safety reasons, were left out of Bill S-15.

[English]

Senator Klyne has pointed out that Bill S-15 does not prohibit the possession, import and export of reproductive material from elephants and great apes. He informs us that this omission could have concrete effects on the possible use of this material for the artificial insemination of Asian elephants.

He also informed us that, unlike Bill S-241, Bill S-15 does not provide an exception for assisting distressed species without a permit. These are all valid observations, and I have no doubt that they will benefit from further study in committee.

Bill S-241 was certainly complex, but covered more animal species. Bill S-15 is basically an initiative that could phase out elephants and great apes in captivity over the years.

[Translation]

During the 2021 election campaign, the parties included measures to protect animals in their platforms. Senator Gold reminded us of this:

Wild animals in captivity remain a growing concern for Canadians and for many people around the world.

Many zoos, sanctuaries and parks, here and elsewhere, have themselves chosen to take action to ensure greater respect for the natural environments of the animals they keep in captivity.

[English]

In 2011, Toronto City Council voted to send the Toronto Zoo’s three remaining African elephants to a sanctuary in California.

[Translation]

The Granby Zoo has already taken the initiative to not bring in any more elephants in the future. That is where we are at. When it comes to animal welfare, it’s clear that what was practised and accepted just a few decades ago no longer is.

We need to imagine a line between what is acceptable and what is not acceptable or no longer acceptable. This line is not fixed in time. It moves. What seemed perfectly acceptable to us when we were children are all things of the past, such as animals in small, unsuitable cages, with no stimuli, circus performances where you could hear the sound of whips between acrobatic tricks, or the possibility of riding an elephant while it was being disciplined with a bullhook used by trainers to control the animal. It’s normal for our practices to change as we learn and become more aware.

[English]

And so, this line separating what is acceptable from what is not is moving. We can assume that this line will continue to shift, and that what seems right today may no longer be right in a few decades.

Our laws must be in harmony with the information and scientific data we have today, as well as our level of social acceptance.

[Translation]

World Animal Protection, a non-profit organization dedicated to protecting animals whose Canadian head office is in Toronto, said the following:

While this bill only addresses protections for elephants and great apes, it is still a very important step forward. If passed, Canada would be the first country in the world to enact such laws at a national level.

I support that statement.

[English]

Could this bill have gone further? Certainly. That being said, Bill S-15 doesn’t claim to solve everything. It is targeted and, through the specific objectives it has, can make a difference.

In truth, colleagues, this legislation is important and, in my view, includes the bare minimum that needs to be done. It is past time to do it. We have debated this issue, bill after bill. I’m sure we all agree that we know more about elephants than we ever thought we would or need to. It’s time to take a position and legislate.

[Translation]

Honourable colleagues, I invite you to support the referral of this bill to committee for further study.

Thank you.

[English]