Question Period Note: SENATE PUBLIC BILL S-218

Senate Public Bill S-218, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals) was introduced by Senator Sinclair on November 17th, 2020.

• Senate Public Bill S-218 raises important issues about the acceptability of keeping certain animals in captivity and would build on previous legislative reforms designed to phase out captivity of certain wild animals in this country.
• In particular, this Bill would amend the Criminal Code and existing federal wild animal protection laws to further protect great apes, elephants or designated animals kept in captivity, including by making it an offence to own, breed, impregnate these animals and establishing a licensing regime to control their importation, exportation and transportation across provincial boarders.
• I look forward to Parliament’s consideration and debate on the merits of these proposed reforms.

Senate Public Bill S-218, the “Jane Goodall Act” was introduced by Senator Sinclair on November 17, 2020; it has been placed on the Order of the Day for Second Reading for November 19th, 2020.

The Bill would amend:

• the Criminal Code to, among other things, prohibit (with some exceptions e.g., non-harmful scientific research) the ownership, breeding and possession of reproductive materials of great apes, elephants, or a designated animal that is kept in captivity, as well as the captivity of these animals and cetaceans for entertainment purposes.
• The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to: (1) create a licensing regime for those who want to import these animals into Canada or transport them across provincial boarders; and, (2) prohibit the importing or exporting of any great apes, elephants, or a designated animal, as well as items composed of elephant ivory or elephant parts with limited exceptions.

The Criminal Code contains offences prohibiting animal cruelty, including the general offence of causing unnecessary pain, suffering or injury to an animal, as well as several other offences targeting reprehensible conduct toward animals. The Criminal Code was also recently amended to prohibit the captivity of whales and dolphins by Senate Public Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), which was supported by the Government and received Royal Assent on June 21st, 2019. Bill S-218 would build on these measures.

Provinces and territories regulate aquariums and related facilities, as well as animal welfare more generally in Canada (in complement to animal cruelty offences under the criminal law). It should also be noted that legislative proposals on the permissible treatment and uses of animals are controversial and generate strong responses both from those who support better protection and from those whose business or activities rely on the use of animals.

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