(LOI 50) Groups rally against animal cruelty bill

[Animal 0]

Aug 25, 2005 Groups rally against animal cruelty bill
Author: Jeremy Loome
Source: Edmonton SunGroups rally against animal cruelty bill
Lack of definitions worries anglers, hunters

A New Brunswick senator says he has the majority support of his colleagues to
keep Canada's proposed animal cruelty rules from becoming law this fall.

Sen. John Bryden says he has support of more than 100,000 farmers, anglers,
hunters and research scientists to instead back his private bill in the Senate
amending the laws.
That has Conservative justice critic Vic Toews questioning whether his party
should continue to back the federal government's Bill C-50.

"We have had three ministers of justice in succession say the primary reason for
having this bill is to increase penalties and for housekeeping to modernize
language.

"But no one ever seems to have done proper evaluation of the impact on people
who use animals every day."

With Tory support, the bill was expected to finally pass into law this fall,
after seven years and multiple amendments.

It moves animals out of the property crimes section of the Criminal Code,
toughens penalties - from a maximum $2,000 fine to $10,000 and up to 18 months
in jail - and clearly defines affected animals as having vertebrae.

It was held up in the Senate when a federal election was called last year, dying
when Parliament dissolved. The law hasn't been significantly revised in more
than 100 years, since its introduction as a part of property rights enforcement.


"There is wording in this legislation to protect traditional practices and
lawful activity involving animals," said Roger Couvrette, with the Canadian
Federation of Human Societies.

"You need a prosecutor to approve a charge, and prosecutors aren't going to be
going after farmers and anglers. "

But Bryden's supporters, including the 78,000-member Ontario Federation of
Anglers and Hunters, say they won't take that chance.

They say the bill uses such terms as "brutal" and "vicious" treatment without
defining them. It also allows for prosecutions due to "unnecessary pain."

As such, it's open to charges and, more likely, nuisance lawsuits, to further
goals of animal rights groups but make life difficult for traditional users,
said Bryden.

"Does a catch-and-release fisherman, who takes part in a sport which is
unnecessary, have to worry about being charged for causing fish pain? The
opinions we've seen suggest they do."

That makes Toews nervous about forging ahead. "I was of the impression that at
this stage all of the stakeholders were behind this," said Toews.

"I haven't heard from the hunting and fishing groups with respect to this so I'm
taken a bit by surprise that they're still opposed.

"The important thing is there is still time before the fall for them to
communicate those concerns and no doors have been closed. We haven't made any
absolute commitments."
Bryden suggested the bill tries to protect such groups by calling for exemptions
for "lawful excuse" - when it relates directly to a lawful, licensed activity
such as hunting, fishing or traditional practices.

But Supreme Court precedent has removed licensing as an absolute defence, he
noted.

Maybe there's a workable middle ground, said Edmonton Special Const. Carly
Grandysh.

"The big thing is we have to understand that animal cruelty can't be dealt with
lightly.

"Under current legislation that happens, because it's a maximum $2,000 fine,"
she said. "If it takes adding a list of people who are exempted to get that
done, then maybe that's what they should do."

[Animal 0]

Ontario Federation of Anglers & Hunters
August 24, 2005



OFAH FILE: 790AC/828
August 24, 2005

The Editor
Ottawa Citizen
1101 Baxter Road, Box 5020
Ottawa, Ontario
K2C 3M4

Dear Editor:

Liberal M.P., Mark Holland, (Citizen, August 18) said organizations such as the
Ontario Federation of Anglers and Hunters (O.F.A.H.) do not have genuine
concerns regarding changes to animal cruelty laws proposed in Bill C-50. He is
wrong.

A Toronto Star editorial described the proposed law as “a measure that will make
this country a world leader in animal rights.”

Animal rights organizations seek an end to all uses of animals by people. To
them, all fishing and hunting are cruel. Clearly, the influence of such
organizations has reached the highest levels of government. How else can you
explain a proposed law that would for the first time in Canadian history elevate
animals, such fishes (yes, fishes!), to their own unique status in the Criminal
Code of Canada. Here is an example to illustrate the potential consequences of
Bill C-50:

For many of us who supplement the family table with wholesome food from the
wild, we dispatch freshly caught fish with a hand-held club we refer to as “a
fish bonker.” This is neither a brutal nor a vicious practice, but C-50 means
that fishes are to be equal to domestic cats, in law, and no definition of terms
such as brutal is provided.

Anglers and hunters respect wildlife and use it wisely, but will resist being
made criminals instantaneously because animal rights advocates want to impose
their moral philosophy upon everyone. We are supporting Liberal Senator John
Bryden’s alternative, Bill S-24. For further information please visit
www.ofah.org

Sincerely yours,

Michael A. Reader
Executive Director
Ontario Federation of Anglers and Hunters
4601 Guthrie Drive, Box 2800
Peterborough, Ontario K9J 8M5
Ph 705-748-6324/Fax 705-748-9577