The laws in this area have been unchanged since 1892! Basically, crimes against animals are seen as property offences, although there are sections of the code that ensure the protection of animals from abuse by their own owner - clearly not a property issue. But, the pertinent sections in the code are found in Part XI, "Wilful and Forbidden Acts in Respect of Certain Property"
Sections 444 to 447 of the Criminal Code deal with cruelty to animals. Here they are, in a nutshell, but the exact sections can be found here
445:It is a summary conviction offence to kill, maim, injure or poison dogs, birds and animals that are not cattle
446:It is a summary conviction offence to do any of the following:
a) cause pain, suffering or harm to a bird or animal, whether or not you own it
b) cause injury to an animal or bird by wilful neglect while transporting it
c) abandon, neglect or fail to provide shelter, food, water and care for any domestic or captive wild bird or animal
d) encourage or aid at the fighting or baiting of animals or birds
e) poison a domestic or captive wild animal or bird, whether you own it or not
f) and g) be involved in any way in a situation where captive birds are released for the purpose of shooting them, or allow this to be done on your property.
If you are found guilty of the above offences, in addition to a regular sentence, you may be prohibited from owning animals for up to 2 years. If you are caught with an animal while under prohibition, you are guilty of a summary conviction offence.
447: Having a "cockpit" (for fighting roosters) is a summary conviction offence. Birds found in a cockpit will be removed and must be destroyed.
Even in states where cruelty is a misdemeanor, most have a maximum jail term of 1 year and at least a $5000 fine. Also, many states treat animal cruelty as a felony -- if you want to see if animal cruelty is a misdemeanor or felony in your state, check here. The only additional punishment in Canada is the prohibition on owning animals for up to 2 years.
The Canadian government may update these cruelty laws and improve them. For starters, they could move the animal cruelty sections of the Code to a more appropriate Part, such as Part II, "Offences Against Public Order" or Part V, "Sexual Offences, Public Morals and Disorderly Conduct". They could make all animal cruelty offences "hybrid offences". This means it would be up to the Crown to decide if the perpetrator should be charged with a summary conviction offence or an indictable offence. Also, the ban on owning animals could be extended, with the possibility of repeat offenders being banned for life.
The Canadian Government wants input into this issue by December 15, 1998. Even if you are not Canadian, it can't hurt to write or email, your tourist dollars could be used for leverage!
2) The Criminal Code protects bird from being captured and then released for the purpose of shooting, but other animals could easily be abused in this way. Should the code provisions on animal abuse be simplified and consolidated? Do you agree that all animals should be protected from all types of abuse identifed in the Criminal Code?
3) Should the Criminal Code authorize a justice to order that siezed fighting roosters be turned over to the appropriate humane agency for proper disposition and treatment, rather than requiring that they be destroyed? How about other animals abused for the purpose of fighting?
4) How do you think the law should draw the line between criminal acts against animals and causing justifiable pain and suffering? (For example, giving a cat a pill could certainly be considered as causing the animal to suffer -- your cat would think so!)
5) Should the maximum term of imprisonment be increased from six months, perhaps to a term of up to five years, for the more serious cases of abuse? Should the law allow for a fine much greater than $2000 in the more serious cases?
6) Should the prohibition on owning animals be increased from a maximum of two years up to a possible lifetime ban? Should there be a minimum ban for subsequent convictions?
7) Should a person who is convicted of injuring an animal be required to repay the cost of care for that animal?
Please, also visit the site of the Crimes Against Animals Consultation Paper to read a great paper on the subject. It's where I got all this information and the questions, address to send your responses and the full version of sections 444-447 of the Criminal Code.
Back to the anti-animal abuse links page