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Decentralized Democracy

Terence Kernaghan

  • MPP
  • Member of Provincial Parliament
  • London North Centre
  • New Democratic Party of Ontario
  • Ontario
  • Unit 105 400 York St. London, ON N6B 3N2 TKernaghan-CO@ndp.on.ca
  • tel: 519-432-7339
  • fax: 519-432-0613
  • TKernaghan-QP@ndp.on.ca

  • Government Page
  • Apr/18/24 1:30:00 p.m.

I’d like to thank the member from Kiiwetinoong for an excellent lead-off to the opposition debate on Bill 159.

As I begin my remarks, I think of the Humane Society of London and Middlesex, who are engaged in a wonderful campaign. It’s called New Home, New Hope. They’ve been at their current location at 624 Clarke Road for 120 years, and they’re currently moving to 1414 Dundas Street. Unfortunately, it’s just outside of my riding, but it’s very close to the border. But within this brilliant plan, they’re going to have outdoor spaces, play areas. Right now, the cages that are in their current space don’t meet industry standards. It’s an old building; there’s old plumbing, there’s an old HVAC system. The capacity is 175 to 200, and the new location will have about 400.

What’s also really brilliant and revolutionary about this plan is that it really looks after the skills pipeline. It is in partnership with post-secondary institutions such as Fanshawe, so allowing training of vet techs, experiential learning, local leadership capacity.

I wanted to start off with this because the Humane Society of London and Middlesex has asked this province for $1.5 million, and it’s fallen upon deaf ears with this government, despite all of the spending that we saw in budget 2024. As it turns out, the city of London has contributed twice the amount that was asked of the province. They’ve contributed $3 million. The federal government has stepped up, but unfortunately, the province is really a laggard when it comes to funding these amazing initiatives.

What’s brilliant about it is that it will also include pet training classes, adoptions and an education centre where children will be able to take school visits. As I said, it will really look after that skills pipeline of people entering veterinary medicine. They will have seasonal camps, but also there will be a companion animal hospital that will support shelter animals as well as provide affordable vet services. It will be building the spaces that people need, whether it’s saying goodbye to a pet, which will be accessible from a certain door as opposed to the people who are entering to adopt a new family member, which will be from a separate door—because can you imagine those two people crossing paths? It doesn’t make much sense, Speaker. But unfortunately, this government has not yet chosen to acknowledge that funding request, and it really is such a pity because I believe it’s a very worthy cause, a very worthy organization. I hope this government will reconsider that.

As we look at Bill 159, there are some good measures that do come forward within Bill 159, including making certain practices illegal, such as breeding a female dog more than three times in a two-year period or breeding more than two litters from a female dog’s consecutive heat cycles; breeding a female dog that is less than a year old or failing to keep a dog with a contagious disease away from other dogs or animals; failure to keep a dog’s environment sanitary and free from the accumulation of waste; and also separating a puppy from its mother before the age of eight weeks. These measures do make a great deal of sense, Speaker. We see a few guidelines here having a minimum penalty of $10,000. However, if any infractions result in the death of a dog, it could be a fine of up to $25,000.

Now, what I will say is that these are good places to start, but many animal care advocates are asking for a great deal more from this government. They don’t believe that this goes far enough. In fact, this legislation has been called toothless. It has been said that these baseline fines are simply not enough to tackle and address the issue that this legislation in Bill 159 purports to try to solve or to try to combat.

Animal Justice has written, “One of the biggest failures of the PUPS Act is that it does not require dog breeders to be licensed.” So Bill 159 is to prevent these unethical puppy sales, but the government is not making sure that these people will even have to be licensed. So how is this going to be enforced? How will these be overseen? How will this be regulated if there is no licensing?

“Without a licensing regime,” the quote goes on, “there is no way to keep track of who is breeding dogs and where they are operating, which makes animal cruelty law enforcement nearly impossible. Without the ability to cancel a licence, authorities have little ability to shut down a problematic breeder.”

But what’s also important for us to recognize within this debate of the Preventing Unethical Puppy Sales Act is that these activities and these puppy mills, it’s not as though this is happening in broad daylight. This is not something that people are doing obviously. These puppy mills are being kept behind closed doors. They’re in places like barns; they’re in places like basements. They’re away from the public view, otherwise people would report them. It’s very rare for puppy mills to be caught and charged under current law as it stands, and I don’t know that Bill 159 will actually solve that.

Animal Justice goes on to state that these puppy mills, despite these fines, will continue to force dogs to produce litter after litter of puppies in deplorable conditions. They won’t have access to regular exercise, socialization and veterinary care. It doesn’t solve the problem that it sets out to do.

I’d also like to quote from Humane Initiative co-founder and president, Donna Power, who said this legislation is “pretty weak.” Donna goes on to state, “They’re selling it to the public like it’s the second coming, but they acknowledge to us, they know it’s not where it should be by any means.” That the legislation could bring about an end to the puppy mills is “simply not true,” she said.

Now, Camille Labchuk, who is the Animal Justice executive director, stated, “This bill will do little to nothing to stop the abuse of puppy mills in Ontario....

“Stating otherwise could provide a ‘false sense of security’ for people perusing online marketplaces for new four-legged family members....”

So, Speaker, here are experts in the field who want to be involved in the consultation on this bill, and they’re saying it doesn’t go far enough. Will Bill 159 provide licensing for people who would breed dogs? It doesn’t seem so. Labchuk and Power are both making that call. They’re asking for this to be included in Bill 159. Include a licensing regime with enforceable care standards.

Puppies are big business in Ontario, and they’re big business for breeds which are often popularized through either social media or contemporary media. I remember back when I was in high school; I think there was a re-release of 101 Dalmatians. Well, suddenly and immediately, every little person wanted to have a Dalmatian. However, not everyone knew about what that breed’s requirements were, what its character was like or what was necessary to make sure it was a happy, healthy animal. Dalmatians require a great deal of exercise. They’re very energetic animals. People had viewed that movie and thought that they were cute and they were spotted—which, yes, both of those things are true—however, they also do require a great deal of physical exercise, and when that is not provided, we see behaviours within that breed which are often deeply problematic, which is no fault of the animal itself, it’s a fault of the lack of knowledge of the owner and the purchaser.

Now, I will also point out that both Labchuk and Power talk about an inquiry that was made to the province about data on investigations. The province has simply ignored that request for investigations of this activity, and I find that curious. Should the province identify that this is a problem they want to solve, they should be able to also provide the backup to that.

Now, from my area, the London area, Laurie Ristmae, who is the founder of ARF Ontario and is also the executive director of the East London Animal Hospital, has stated—repeating what I’ve just said—“The breeds that are showcased in movies and on TV and that become popular, become very overbred and have physical issues and physical deformities that are just wrong, that can’t be fixed” because the market unfortunately responds to the demand. Breeders will see that breeds such as Dalmatians become very popular, and they want to be the ones who are able to sell them—able to make that profit. Unfortunately, they may choose to do so in a way that is cruel, that is unfair, that is unethical to those beautiful little animals.

The government has said that it’s going to bring on more provincial animal welfare services inspectors to enforce these rules, but I will also point out that in the CBC’s coverage, CBC News found PAWS inspections were leading to significantly fewer orders and provincial and criminal charges when compared with animal abuse and neglect calls, which had been dealt with by the OSPCA, the Ontario Society for the Prevention of Cruelty to Animals. So that’s interesting, that the government is changing its tune and is now saying, “Yes, we’re going to hire more inspectors” because it has been discovered that there have not been enough inspections and there has not been enough enforcement. And yet, we see through Bill 159—is there going to be more enforcement? I’m not certain, if there’s not a licensing regime in place.

Labchuk is also quoted in this article. Camille Labchuk has stated, “How can inspectors ever go in and inspect a puppy mill to see if they’re complying with the laws if we have no idea where they are?”

The city of London has been very proactive on this issue. Back in 2018, they enacted an updated business and licensing bylaw. It banned pet shops from actually using animals that were obtained from some unethical places. They banned pet stores “from selling cats and dogs that weren’t obtained from a municipal animal shelter, a registered humane society or shelter, or a prescribed rescue group.” That way they made sure that the animals that were in those places being adopted, with all those young people with their fingers and noses pressed to the glass wanting to get that little furry animal home—that those were the ones that were being rehomed, that were ones from shelters. And that makes a good deal of sense, Speaker, because it pulls the rug out from those unethical players within the market.

As I also look at this legislation, it reminds me of other legislation that this House has seen, in particular the opening up of training and trialling areas in the province. I think about how it was a past Conservative Premier, Mike Harris, who made new licences for training and trialling areas illegal.

Also, I think of the testimony of Rick Maw and Wayne Lintack, who were former conservation officers who talked about training and trialling areas and how that was cruel towards wildlife, in particular coyotes. You see, training and trialling areas are where dogs are trained how to track and hunt coyotes, but these areas are pens. They are massive areas that there is no escape from. These coyotes are often tracked down, they are cornered, and they are ripped apart by these dogs who are learning how to hunt. In fact, those officers spoke about how they uncovered a coyote trade ring where these coyotes were caught illegally, stuffed into a small room in a barn and sold off to other hunters to be used in training and trial areas. Animal Justice and Coyote Watch Canada have said, “These operations subject captive animals to horrific physical and psychological distress, and also create an unsafe environment for the dogs who are trained to chase these animals being used as live bait.”

Ontario is an outlier when it comes to these sorts of what some would call very barbaric and anachronistic practices because no other province allows these training and trialling areas to use live animals as bait—except for Manitoba, which, in that case, uses live game birds. In fact, fox and coyote penning is banned in most US states. So it seems antithetical that this government is saying that they’re standing up for animals with Bill 159, the Preventing Unethical Puppy Sales Act, and then in the other case are allowing training and trialling areas where coyotes will be ripped apart and savaged, basically tortured, which—in a more balanced way—also does put those dogs who are being trained to hunt at risk themselves, because of course those coyotes are going to defend themselves in their last moments.

Really, Speaker, as we look at this legislation with Bill 159, it does do some things which are positive steps. I don’t think that the legislation goes far enough. I think that we need to listen to experts within the field who are stating that baseline fines are simply not enough. This legislation, on its own, is toothless. This legislation requires a licensing regime and enforceable standards of care. I think, if we are going to tackle the problem that is puppy mills, we need to make sure that we are able to not only know where they are, find where they are, but make sure they stop operating. These places operate under the cover of shadow. We need to make sure that everybody is licensed in order to breed dogs, so that we can make sure they’re doing it in a way that is ethical, in a way that is responsible and in a way that cares for animals properly—such as this bill purports to do. But as it stands right now, it doesn’t quite make the mark.

2394 words
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