Canada's Anti-Cruelty Laws

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Brief Summary of Canada's Anti-Cruelty Laws
Jessica Pask (2015)

Canadian anti-cruelty laws can be enacted at every level of government in Canada: Federal, Provincial and Municipal.  However, the federal government is the only level of government empowered to enact criminal laws. The current federal legislation under Canadian Criminal Code sections 444 to 447 includes both indictable (offences that are the most serious offences under the Criminal Code and summary (an offense that can be charged without an indictment and carries a lower penalty) charges for animal cruelty.

The provinces are empowered to create regulations and give municipalities the power to enact by-laws. Provinces tailor their legislation to reflect their culture and history. While the provisions are generally the same, they do differ in their penalties, especially in the Northern provinces and territories. These provinces have significantly lower penalties for violations of the legislation and on the whole deal primarily with the welfare of dogs.

Many municipalities have enacted by-laws that deal primarily with animal control and regulations for companion animals. However, more progressive municipalities have chosen to include provisions that deal with problems surrounding animal cruelty including stray and abandon pet problems that result from purchase of animals that have not been sterilized or animals that have been raised in an unhealthy way.

Canadian case law regarding animal cruelty is lacking however this could possibly stem from the difficulty that prosecutors have in dealing with these types of violations due to the language of the federal animal cruelty statutes.

American and Canadian cruelty laws are inherently different due to the nature of the their respective constitutions. In the United States, individual states legislate their own criminal laws. There are no American federal laws that deal directly with animal cruelty.

States can choose to follow the Model Penal Code, which provides suggestions for Animal Cruelty laws. States are not obligated to follow the model penal code and in most cases the state will combine their own common law with the model penal code to develop a unique criminal code in every state. At the American municipal level, governing bodies are empowered to create anti-cruelty/standard of care legislation that can mirror the state criminal legislation.

 

Overview of Canada's Anti-Cruelty Laws
Jessica Pask (2015)

Federal animal cruelty laws were originally enacted in the Canadian Criminal Code in 1892. Provinces are empowered to create regulations and give municipalities’ the power to enact by-laws. Federal animal cruelty laws in Canada were originally enacted in the Canadian Criminal Code in 1892. The current federal legislation under sections 444 to 447 of the Criminal Code of Canada includes both indictable and summary charges for animal cruelty. Upon conviction of an indictable offence, individuals are liable to imprisonment for a term of not more than two years. If convicted of a summary charge, individuals are liable to a fine not exceeding five thousand dollars or to imprisonment for a term of not more than six months or both.

Provinces also have the ability to enact and prosecute animal cruelty through anti-cruelty regulations. Regulations have the power of law, but do not result in a criminal record. While each province has tailored their legislation to fit the needs of their area, many of them have the similar provisions. Many provinces make it a regulatory offence to cause an animal to be in distress; distress can result from as depriving animals basic needs including food, water and hygienic shelter, pain or and/or neglect. Ontario and Manitoba have very similar animal cruelty legislation but differ on penalties for violations of the provisions with Ontario having slightly higher fines and imprisonment sentences depending on the violation.

In Western Canada, Alberta places a large importance on welfare of livestock while Saskatchewan and British Columbia provide legislation that more closely mimics the legislation of Ontario and Manitoba. Current animal cruelty legislation in Quebec does not include jail sentences but proposed amendments could see a change in the near future that would alter the penalties to more closely resemble penalties in the legislation of surrounding provinces.

Many of the Maritime Provinces have similar provisions throughout their legislation although New Brunswick is notably missing a provision that makes it an offence to cause pain to an animal which in many provinces has been accounted for under the umbrella of causing “distress” to an animal.

Finally, the Northern Provinces and territories, including Yukon, the Northwest Territories and Nunavut have significantly different legislation from the rest of the country. The Nunavut Dog Act provides protection only for dogs and has fines that are significantly lower than southern provinces. The Northwest Territories have two pieces of animal legislation. Both provide very little in the way of broad animal protection and are primarily concerned with regulating animal importation and agricultural practices. The province of Yukon has the most stringent penalties for animal cruelty in the northern Canada and also contains provisions that protect a broader selection of companion animals.

Many municipalities have enacted by-laws that deal primarily with animal control and regulations for companion animals. Like their federal and provincial counter parts, municipal by-laws largely ignore wildlife animals and provide no penalties for their mistreatment. However, many cities have enacted by-laws that dictate broad responsibilities of care for domestic animals. Some progressive municipalities have considered regulations that recognize that the stray and abandon pet problems stem from purchase of animals that have not been sterilized or animals that have been raised in an unhealthy way.

Canadian case law regarding animal cruelty is sparse. It can be difficult to prosecute animal cruelty cases under the current legislation, especially given the “willful” mens rea requirement present in the majority of the provisions. From case law, it has been determined that in animal cruelty cases in which charges are laid under the criminal code, there is a rebuttable presumption that if the prosecution can prove that:

         1. Failure to exercise reasonable care

         2. Pain and suffering or injury

         3. Causation of pain and suffering, then the perpetrator will have been deemed to have acted willfully

R v Menard (1978), 43 C.C.C. (2d) 458 (Que. C.A.) has been called the “most authoritative” criminal law case in Canadian case law. Written by future Canadian Supreme Court Chief Justice, Lamer J. overturned a decision from the lower courts and reinstated the original conviction. However, what makes this case particularly important is Lamer’s remarks on the human animal relationship.

American and Canadian anti-cruelty laws are inherently different due to the nature of the their respective constitutions. In the United States, individual states legislate their own criminal laws, which amounts to 50 separate criminal code systems. The federal government can also legislate certain criminal laws, but only in so far as the Constitution allows. There are no American federal laws that deal directly with animal cruelty. However, the federal government of the United States is empowered to enact laws outside of the criminal law power and has enacted legislation in its other capacities. The Animal Welfare Act (“AWA”), enacted in 1966, is not itself broad anti-cruelty law, but instead deals with specific activities that effect specific animals like protection of animals used in research and animals used in exhibition. The United States Federal government has also enacted the Humane Slaughter Act, which provides limited guidelines for slaughter of agricultural animals.

The Model Penal Code provides suggestions for state criminal laws. States can choose to follow the Model Penal Code but in most cases the state will combine their own common law with the model penal code to develop a unique criminal code in every state. The mens rea standards of “purposefully or recklessly” provided in the Model Penal Code are broader than the mens rea standards provided in Canadian Criminal laws. At the American municipal level, governing bodies are empowered to create anti-cruelty/standard of care legislation that can mirror the state criminal legislation.

 

Related articles

Canadian Animal Anti-Cruelty Legislation, Charles Hall, Animal Legal & Historical Center (2006).

Legal Research Guide for Canadian Animal Law, Annie Belanger, Animal Legal & Historical Center (2005).

Related cases

R. v. D.L., 1999 ABPC 41. In this case, the phrase “wilfully and without lawful excuse” found in s.446 was at issue. Two individuals were charged under s. 445(a) s.446 (1)(a) for killing a cat after the cats’ owner told them to “get rid of it” which they took to mean kill it. The judge in this case found that having permission to kill an animal was not a sufficient “lawful excuse” and did not lawfully give the authority to cause unnecessary pain and suffering to the animal. The accused was found not guilty on count 1 and guilty on count 2.

R v. Menard, (1978) 43 C.C.C. (2d) 458. The accused had a business euthanizing animals by use of motor exhaust which caused pain and burns to the mucous membranes of the animals he was euthanizing. In a decision written by future Canadian Supreme Court Chief Justice, Lamer J. overturned a decision from the lower courts and reinstated the original conviction. Lamer J. statements about the animal-human relationship have been influential in Canadian Animal case law.

R. v. Shand, 2007 ONCJ 317. The court examined the necessary elements required to established the “willful” mens rea component present in Canadian Federal Criminal Statute s. 429. The accused was charged with three counts of animal cruelty contrary to s.446 of the Criminal Code in relation to a dog in her care. The court found that on two of the counts that the accused was had acted "wilfully" because she was either "reckless or indifferent as to her dog's condition." 

Related laws

Table of Canada's Federal and Provincial Anti-Cruelty Laws

Related Links

Web Center Links:

Topical Introduction on Canada's Dangerous Dog Laws

External Links:

Canadian Federation of Humane Societies (CFHS): A national organization representing humane societies and SPCAs in Canada - http://cfhs.ca/info/

The Politics of Animal Anti-Cruelty Legislation in Canada: An Analysis of Parliamentary Debates on Amending the Criminal Code, available at http://scholar.uwindsor.ca/cgi/viewcontent.cgi?article=1240&context=etd

The History of Animal Welfare Law and the Future of Animal Rights, available at http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=2089&context=etd

 

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