Liberal-appointed senators put forward legislation to criminalize possession of all wild animal species in Canada during Senate Legal and Constitutional Affairs Committee this week. Bill S-15 An Act To Amend The Criminal Code would prohibit the breeding or new capture of elephants or great apes in Canada under threat of a $200,000 fine, said Blacklock’s Reporter. Sen. Marty Klyne on Wednesday proposed snap amendments to an amendment of the Criminal Code to prohibit the breeding or capture of any other wild animal as “designated” by parliament.“Illegal breeding or performance for entertainment would also be banned. These species are defined as non-domesticated species,” said Klyne, adding ranching and trapping would be exempt.Committee members expressed astonishment at the scope of the bill.“A designated animal being designated under this amendment criminalizes the possession of that animal. We need to take that fairly seriously,” said Independent Senator Brent Cotter.There are currently 53 captive elephants and great apes at zoos in Edmonton, Calgary, Toronto, Hamilton, Montréal, Granby and Hemmingford, Que., the committee was told.Advocacy groups such as the Jane Goodall Institute had pushed the amendment, which became dubbed “Noah’s Clause,” to protect thousands of species without asking parliament to itemize each one.Conservative Sen. Denise Batters questioned the scope and impact of the proposal. “We need to have some actual evidence brought to this committee,” said Batters.“Cabinet has the ability to just legislate basically what ever other kind of animals they can think of under the sun with a small number of exceptions. It is called Noah’s Clause for a reason.”“It is actually called Noah’s Clause by the sponsor. What that is meant to reference is the biblical Noah’s Ark which was two of every single animal on the planet with quite minor exceptions.”Independent Sen. Paula Simons questioned whether the bill would criminalize fur farming. “Are foxes considered domesticated? They are farmed for their fur. Martens? Mink? These are not animals that are tame by any sense of our usual sense of what is domesticated,” said Simons.Department of Environment executives did not answer. “You mentioned fox, mink, martens, all those are not considered domesticated species, they are wild species,” replied Basile van Havre, director general of the Canadian Wildlife Service.“So this would in theory allow the government by order in council to ban fur farming in Canada?” asked Simons.“It excludes lawful trapping,” replied van Havre.“I’m not talking about trapping. Trapping wild animals is different than farming foxes,” Simons. “There is no definition in the bill or in the motion for what ‘non-domesticated’ means. That will be a determination made,” stated Stephanie Lanie, executive director of legislative governance with the Department of Environment. “There is no limit really,” said Conservative Sen. Claude Carignan.“The only limit is farm animals. Any other species among the thousands of species there may be in the world are covered now by the scope of the bill. One couldn’t possibly expand it more.”The committee adjourned without voting on the proposal.Environment Minister Steven Guilbeault in April 10 testimony at the Senate committee acknowledged the point of Bill S-15, then limited to elephants and apes, was to eventually eliminate possession of the animals.“Bill S-15 intends to gradually phase out captivity by exempting elephants and great apes that are currently kept in zoos as well as their offspring,” he said.“In other words, existing captivity of elephants and great apes in Canada will be allowed to continue but new captivity, import or export will stop except for in limited, authorized circumstances,” said Guilbeault. Exemptions included veterinary care or scientific research.
Liberal-appointed senators put forward legislation to criminalize possession of all wild animal species in Canada during Senate Legal and Constitutional Affairs Committee this week. Bill S-15 An Act To Amend The Criminal Code would prohibit the breeding or new capture of elephants or great apes in Canada under threat of a $200,000 fine, said Blacklock’s Reporter. Sen. Marty Klyne on Wednesday proposed snap amendments to an amendment of the Criminal Code to prohibit the breeding or capture of any other wild animal as “designated” by parliament.“Illegal breeding or performance for entertainment would also be banned. These species are defined as non-domesticated species,” said Klyne, adding ranching and trapping would be exempt.Committee members expressed astonishment at the scope of the bill.“A designated animal being designated under this amendment criminalizes the possession of that animal. We need to take that fairly seriously,” said Independent Senator Brent Cotter.There are currently 53 captive elephants and great apes at zoos in Edmonton, Calgary, Toronto, Hamilton, Montréal, Granby and Hemmingford, Que., the committee was told.Advocacy groups such as the Jane Goodall Institute had pushed the amendment, which became dubbed “Noah’s Clause,” to protect thousands of species without asking parliament to itemize each one.Conservative Sen. Denise Batters questioned the scope and impact of the proposal. “We need to have some actual evidence brought to this committee,” said Batters.“Cabinet has the ability to just legislate basically what ever other kind of animals they can think of under the sun with a small number of exceptions. It is called Noah’s Clause for a reason.”“It is actually called Noah’s Clause by the sponsor. What that is meant to reference is the biblical Noah’s Ark which was two of every single animal on the planet with quite minor exceptions.”Independent Sen. Paula Simons questioned whether the bill would criminalize fur farming. “Are foxes considered domesticated? They are farmed for their fur. Martens? Mink? These are not animals that are tame by any sense of our usual sense of what is domesticated,” said Simons.Department of Environment executives did not answer. “You mentioned fox, mink, martens, all those are not considered domesticated species, they are wild species,” replied Basile van Havre, director general of the Canadian Wildlife Service.“So this would in theory allow the government by order in council to ban fur farming in Canada?” asked Simons.“It excludes lawful trapping,” replied van Havre.“I’m not talking about trapping. Trapping wild animals is different than farming foxes,” Simons. “There is no definition in the bill or in the motion for what ‘non-domesticated’ means. That will be a determination made,” stated Stephanie Lanie, executive director of legislative governance with the Department of Environment. “There is no limit really,” said Conservative Sen. Claude Carignan.“The only limit is farm animals. Any other species among the thousands of species there may be in the world are covered now by the scope of the bill. One couldn’t possibly expand it more.”The committee adjourned without voting on the proposal.Environment Minister Steven Guilbeault in April 10 testimony at the Senate committee acknowledged the point of Bill S-15, then limited to elephants and apes, was to eventually eliminate possession of the animals.“Bill S-15 intends to gradually phase out captivity by exempting elephants and great apes that are currently kept in zoos as well as their offspring,” he said.“In other words, existing captivity of elephants and great apes in Canada will be allowed to continue but new captivity, import or export will stop except for in limited, authorized circumstances,” said Guilbeault. Exemptions included veterinary care or scientific research.
