Honourable senators, as sponsor of government Bill S-15, I rise in support of our Legal and Constitutional Affairs Committee’s excellent report on this legislation, including significant amendments and observations.

As you know, this bill proposes legal protection for captive elephants and great apes. Through amendments in the report, the bill can also provide a mechanism to protect more wild species over time, like big cats, as well as public safety.

Before moving to the report, as a refresher, Bill S-15 answers the government’s electoral mandate from Canadians to protect captive wildlife, building on Canada’s 2019 whale and dolphin captivity laws. The legislation has the support of Dr. Jane Goodall — who visited us in the spring — and a coalition of 10 leading Canadian zoos and animal welfare organizations.

Bill S-15 would require a licence for the acquisition, breeding, import or export of elephants and great apes, which is limited to the purposes of either their best interests, conservation or scientific research. Currently, all 25 elephants and 30 great apes would be grandfathered in, with these two groups held at four locations in Canada.

The bill aims to end the commercial breeding and sale of elephants in Canada, including the cruel breakup of mother-daughter pairs, who normally stay together for life. It will also prevent the repeat of sad situations like that of Lucy, the lone elephant in Edmonton, while allowing relocations to sanctuaries in a warmer climate, if advisable.

In addition, Bill S-15 would prevent the import of humanity’s closest living relatives — great apes — to roadside zoos or as exotic pets, covering chimpanzees, gorillas, orangutans and bonobos. Finally, Bill S-15 would ban using these species in performances for entertainment, such as the circus-style shows with elephants that have occurred in Ontario.

Let’s turn to the Legal Committee’s report. Over three months, we held 12 meetings, hearing from 45 witnesses, including Environment and Climate Change Minister Steven Guilbeault, as well as scientists, non-governmental organizations, or NGOs, zoos, sanctuaries and law professors.

We also received 22 written briefs.

Today, I will address the following: first, the scientific and legal evidence received by the committee; second, the amendments in the report; and lastly, the committee’s observations.

First, there is the scientific and legal evidence for Bill S-15. The committee received conclusive evidence from independent scientists that captivity risks cruelty to elephants and great apes, and this bill is needed to protect these self-aware, emotional and highly social beings.

For example, neuroscientist Dr. Bob Jacobs told us that impoverished environments and chronic stress in captivity can cause brain damage, abnormal behaviour and compromised immune systems in elephants, great apes, big cats and other wild species. In regard to elephants, he said, “In many ways, it is the equivalent of forcing a human to live for a lifetime in a bathroom.”

Committee evidence included concerns specific to Canada, such as keeping elephants indoors in the winter, separating mother-daughter elephant pairs and using the threat of bullhooks to control elephants through pain and fear.

On elephant science, the committee heard testimony in support of the bill from Dr. Keith Lindsay and Dr. Jan Schmidt-Burbach, and received written briefs in support from Dr. Jacobs and 24 elephant experts.

On great ape science, the committee heard testimony in support of the bill from Dr. Lori Marino and Dr. Mary Lee Jensvold. As to the legalities of Bill S-15, evidence before the committee confirmed that federal jurisdiction includes criminal and international trade laws to prevent animal cruelty or protect public safety.

On this point, I invite colleagues to consider the testimony of Professor Angela Fernandez and Professor Jodi Lazare and their written brief signed by four additional law professors.

The scientific and legal evidence before the committee was exhaustive and determinative. Captivity of wild animals such as elephants and great apes can amount to cruelty, and Bill S-15 is within its federal jurisdiction.

I now turn to the amendments contained in the report on Bill S-15.

First, the committee adopted an amendment from Senator Clement to ban elephant rides. For context, African Lion Safari near Hamilton previously offered elephant rides, resulting in an attack and serious injuries to a trainer in 2019. The Association of Zoos and Aquariums, or AZA — a United States-based accreditor — ended elephant rides at member organizations in 2011. Canada’s Accredited Zoos and Aquariums, or CAZA, did the same in 2021. This amendment will give that policy legal effect in Canada.

Second, the committee adopted a series of amendments from Senator Clement that altered one of the three purposes of potential licensing from “scientific research” to “scientific research for conservation purposes.” These amendments were at the request of the Jane Goodall Institute of Canada and nine leading Canadian zoos and animal welfare NGOs. Their purpose is to close a potential loophole, whereby elephants could be bred and imported or exported for profit on a thin scientific pretense without benefit to the conservation of the species.

Indeed, the committee heard that elephant captivity and related scientific research in North America does not have significant conservation value. This amendment will better protect captive elephants, particularly by helping to keep mother and daughter elephants together, having confirmed that their separation is cruel and unnatural.

Third, the committee adopted a plain language definition of “great ape” by listing the types, as proposed by Senator Batters. This makes the law easier to understand, and that’s a good thing.

Fourth, the committee adopted an amendment from Senator Simons regarding sentencing for captivity offences. In addition to a fine and summary conviction for illegal breeding or performance, Senator Simons’ amendment encourages judges to order conditions to protect the relevant animals or to relocate them to better locations with costs to the offender. Such a measure might have encouraged the Ontario Crown to follow through on the Niagara police’s charges in 2021 against Marineland for allegedly illegal dolphin shows. Kaitlyn Mitchell, a lawyer for Animal Justice, told us that Marineland appears to have been able to flout that law.

Fifth, as the bill’s sponsor and as an independent senator who has worked on this subject for several years, I have moved a series of amendments known as the “Noah Clause,” which was adopted by the committee. Named for Noah’s ark by the Honourable Senator Murray Sinclair, this measure provides a mechanism for the federal cabinet to possibly designate additional wild species for the same legal protections as elephants and great apes by executive order.

Adding the “Noah Clause” was a request —