Full Statute Name:  Criminal Code of Canada. Part XI. Wilful and Forbidden Acts in Respect of Certain Property.

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Primary Citation:  Canada R.S.C. 1985, c. C46 Country of Origin:  Canada Last Checked:  October, 2015
Summary:

This section of the criminal code is the national anti-cruelty law for Canada.

Statute Text: 

Injuring or endangering cattle (444)

Injuring or endangering other animals (445)

Killing or injuring certain animals (445.01)

Causing damage or injury (446)

Keeping cockpit (447)

Order of prohibition or restitution (447.01)

 

 

Injuring or endangering cattle

444. (1) Every one commits an offence who wilfully

( a ) kills, maims, wounds, poisons or injures cattle; or

( b ) places poison in such a position that it may easily be consumed by cattle.

Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

( a ) an indictable offence and liable to imprisonment for a term of not more than five years; or

( b ) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.

R.S., 1985, c. C-46, s. 444; 2008, c. 12, s. 1.

 

Injuring or endangering other animals

445. (1) Every one commits an offence who, wilfully and without lawful excuse,

( a ) kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose; or

( b ) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose.

Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

( a ) an indictable offence and liable to imprisonment for a term of not more than five years; or

( b ) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.

R.S., 1985, c. C-46, s. 445; 2008, c. 12, s. 1.

 

Killing or injuring certain animals

445.01 (1) Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer’s duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member’s duties or a service animal.

Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years and, if a law enforcement animal is killed in the commission of the offence, to a minimum punishment of imprisonment for a term of six months; or

(b) an offence punishable on summary conviction and liable to a fine of not more than?$10,000 or to imprisonment for a term of not more than 18 months or to both.

Sentences to be served consecutively

(3) A sentence imposed on a person for an offence under subsection (1) committed against a law enforcement animal shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

Definitions

(4) The following definitions apply in this section.

“law enforcement animal”

« animal d’assistance policière »

“law enforcement animal” means a dog or horse that is trained to aid a law enforcement officer in carrying out that officer’s duties.

“law enforcement officer”

« agent de contrôle d’application de la loi »

“law enforcement officer” means a police officer, a police constable or any person referred to in paragraph (b), (c.1), (d), (d.1), (e) or (g) of the definition “peace officer” in section 2.

“military animal”

« animal d’assistance militaire »

“military animal” means an animal that is trained to aid a member of the Canadian Forces in carrying out that member’s duties.

“service animal”

« animal d’assistance »

“service animal” means an animal that is required by a person with a disability for assistance and is certified, in writing, as having been trained by a professional service animal institution to assist a person with a disability.

2015, c. 34, s. 3.

 

Causing damage or injury

446. (1) Every one commits an offence who

( a ) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; or

( b ) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it.

 Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

( a ) an indictable offence and liable to imprisonment for a term of not more than two years; or

( b ) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or to imprisonment for a term of not more than six months or to both.

Failure to exercise reasonable care as evidence

(3) For the purposes of proceedings under paragraph (1)( a ), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it damage or injury is, in the absence of any evidence to the contrary, proof that the damage or injury was caused by wilful neglect.

R.S., 1985, c. C-46, s. 446; 2008, c. 12, s. 1.

 

Keeping cockpit

447. (1) Every one commits an offence who builds, makes, maintains or keeps a cockpit on premises that he or she owns or occupies, or allows a cockpit to be built, made, maintained or kept on such premises.

Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

( a ) an indictable offence and liable to imprisonment for a term of not more than five years; or

( b ) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.

Confiscation

(3) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed.

R.S., 1985, c. C-46, s. 447; 2008, c. 12, s. 1.

 

Order of prohibition or restitution

447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.1(2), 446(2) or 447(2),

( a ) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and

( b ) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal or a bird as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal or bird, if the costs are readily ascertainable.

Breach of order

(2) Every one who contravenes an order made under paragraph (1)( a ) is guilty of an offence punishable on summary conviction.

Application

(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)( b ).

2008, c. 12, s. 1.

 

 

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