GO FISHING, GO TO JAIL!

There's something's fishy about Bill C-246 March 7, 2016 FOR IMMEDIATE RELEASE Peterborough, Ont: Canadian families who fish together will do time together if Bill C-246 becomes law. The ˜Modernizing Animal Protections Act was introduced last week by Liberal MP Nathaniel Erskine-Smith of Toronto. It is being promoted as legislation to ban of the importation of shark fins and outlaw the practice of shark finning in Canadian waters. But that is only the tip of the fin. An activist coalition of Canadian and U.S. animal rights organizations with a decades-long history of sustained attacks on anglers and farmers quickly supported the private member's bill. Led by the International Fund for Animal Welfare of Yarmouth, Massachusetts and the Toronto- based Animal Alliance of Canada, these groups have once again come out in strong support of federal legislation which threatens a criminal charge, up to a $10,000 fine and five years jail time for anglers who harvest a few fish for dinner. Provisions in Bill C-246 clearly make it possible for someone who catches a fish to face criminal prosecution for cruelty to animals. Even the act of baiting a hook with a worm would be considered an act of cruelty according to the Bill. Specifically, Section 182.1.1 states that: 182.1 (1) Everyone commits an offence who, willfully or recklessly, (b) kills an animal or, being the owner, permits an animal to be killed, brutally or viciously, regardless of whether the animal dies immediately; …/2 This section poses the same threat as the seven previous iterations of similar bills. According to exhaustive legal opinions, for the first time in Canadian history this section would make it an offence to kill an animal brutally or viciously “ without defining those terms “ and does not exempt from this offence normal hunting and fishing activities. Hunting and fishing necessarily involve the killing of animals. Animal rights groups consistently attempt to portray these traditional Canadian heritage activities as inherently brutal and vicious. If Bill C-246 becomes law, this section will be used by animal rights activists who will employ provisions of the Criminal Code to bring private prosecutions to harass lawful anglers and hunters. "Once again we see the timeworn tactic by these MP's and groups of fronting a façade which appears to promote a seemingly reasonable solution to an animal cruelty issue, while concealing the true intention of the legislation, states Phil Morlock, Government Affairs Chair of the Canadian Sportfishing Industry Association. "The implications of this Bill are chilling. It is a nuclear strike against our outdoor heritage activities and threatens anyone who just wants to take their kids fishing. In a classic example of the relentless ˜under the radar' attacks on the eight million Canadians who enjoy fishing, this Bill copies the same contentious phrasing that directly threatens anglers and which appeared in seven previous government Bills from 1999 “ 2008. That legislation had strong support from M.P. Mark Holland who is now Parliamentary Secretary to Minister for Democratic Institutions, Maryam Monsef MP for Peterborough-Kawartha. Mr. Holland was quoted in the November 30, 2015 issue of The Hill Times newspaper as once again drafting similar ˜animal cruelty' legislation. "We're urging all Canadian anglers who enjoy the freedom of fishing with their families without fear of prosecution to contact their Member of Parliament to express their opposition to Bill C- 246, added Morlock. Anglers can access the contact information of their Member of Parliament by visiting www.keepcanadafishing.com. - 30 - The Canadian Sportfishing Industry Association (CSIA) represents the manufacturers, distributors, retailers and sales agencies which serve the 8 million Canadians who spend over $8 billion dollars annually enjoying the outdoor heritage activity of recreational fishing. For more information or to arrange a media interview, contact the Canadian Sportfishing Industry Association at 888-296-8978. -------------------------------------------------------------- LEGAL ANALYSIS OF Bill C-246 Document courtesy of the office of MP Robert Sopuck in cooperation with the Canadian legal community. Executive Summary Current Law: The Criminal Code of Canada already has comprehensive provisions that criminalize various kinds of cruelty and neglect to animals. Comprehensive Provincial animal cruelty legislation also exists. The Courts have for decades consistently interpreted these provisions as not intending to forbid conduct that is socially acceptable or otherwise authorized by law such as hunting, fishing and slaughter for food. What does the Bill Change? These are just some of the most serious problems with this Bill: 1) Offences against Animals would no longer be offences against "Certain Property: This one change is significant because it takes animal cruelty offences out of the section dealing with offences against "Certain Property and moves to the section of the Criminal Code dealing with offences against persons, giving rise to the suggestion that Animals are no longer a special type of "property but are beings entitled to rights similar to Persons. 2) Inclusion of new "Recklessly test: The new section 182.1 includes the test of "recklessly to the existing "wilfully test for causing unnecessary pain, suffering or injury to an animal. This expands the kind of conduct that could be criminalized to include conduct "…of one who sees the risk and who takes the chance… that pain suffering or injury to an animal may occur. 3) New "kills an animal offences: The Bill adds two new offences that are not currently in the Criminal Code: 182.2(1) Everyone commits an offence who, wilfully or recklessly:… (b) kills an animal or, being the owner, permits an animal to be killed, brutally or viciously, regardless of whether the animal dies immediately; (c) kills an animal without lawful excuse; This "brutally or viciously test is completely novel, and does not appear to have previously been used in any Canadian statute, or interpreted in any Canadian Court. Currently, "killing an animal is not the focus of the Criminal Code. Cruelty, not killing, was the focus of the offences. This new test forces the Court to evaluate the method of killing chosen, and if it falls within the test, or there is no "lawful excuse, criminalizes the behavior. "Lawful excuse is not defined. Put together these two sections could have the effect of criminalizing many popular sporting, agricultural, aquacultural, commercial, scientific (medical research), and religious (Kosher or Halal butchering) activities involving animals and violators can face up to 5 years in prison. 4) Addition of "negligence standard: This widening of the test for criminalizing from "wilfully under the current section to the much lower "negligently test in the new Bill can have the potential of criminalizing far more types of behaviour. A person will no longer have to be wilfully cruel to be criminalized, just clumsy or incompetent. This is a vast expansion of criminal liability to areas of activity that should not be affected by the Criminal law, or are already regulated under other existing Federal and Provincial legislation, and where the punishment for clumsiness can be 2 years in prison. 5) No specific exceptions for legal conduct to offences listed: The Bill provides that 182.5 that common law defences in sections 8(3) and 429(2) of the Criminal Code are not affected. But these are defences to the commission of the offence, not the exclusion of otherwise legal activities from being criminalized under the Criminal Code. These specific legal activities (e.g. ranching, hunting, fishing, trapping, medical research etc.) should be clearly listed in the Bill, so that otherwise legal activities should be taken out of the Criminal Code completely and not criminalized. 6) Possible Constitutional issues: Where a Federal bill criminalizes activity that is deemed lawful and regulated under Provincial law, constitutional issues relating to the validity of the statutes arise. This is another reason to clearly and specifically spell out which otherwise lawful activities are not being criminalized. You can have your say too by telling your MP that you oppose Bill C-246 in its current form.