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Current Cruelty Law
Wilful Neglect
The wording of the current offence of wilful neglect requires proof of
a person's intent. The requirement that a person intended to neglect their animals makes it extremely difficult to lay charges.
Killing An Animal
It is currently an offence to kill an owned animal without lawful excuse.
For example, animals may be killed in the pursuit of lawful activities such as farming or research. However, wild or stray
animals can be killed for any reason.
Brutal and Vicious
The current legislation does not address brutally or viciously killing
an animal as a form of violence.
Different Protection for Different Animals
Current legislation refers to different animals and protects them differently.
It contains a separate section and offences for cattle and also refers to dogs, birds and 'other animals'.
Definition
There is currently no definition of animal.
Property Section
Currently, crimes against animals are considered property offences. Contemporary
Canadian values place animals as more than just simple property, but rather as feeling, sentient beings.
Fighting and Training
The current legislation does not make it an offence to train animals to
fight other animals, nor to receive money for the fighting of animals.
Penalties
In the current law, the penalties do not appropriately punish perpetrators
nor act as a deterrent. The bill also provides different penalties for crimes against cattle.
There is currently no provision for cost recoveries for those who provide
care and treatment (such as SPCAs, humane societies or veterinarians) of animals who have been abused.
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Bill S-213
Wilful Neglect
No change
Under this legislation, crimes of neglect will continue to be nearly impossible
to punish appropriately.
Killing An Animal
No change.
Bill S-213 still would not extend any protection to wild or unowned animals.
Brutal and Vicious
No change.
Different Protection for Different Animals
No change.
Bill S-213 maintains the confusing language of the current legislation,
enacted in 1892.
Definition
No change.
Property Section
No change.
Bill S-213 continues to entrench the century-old concept that animals
need to be protected simply as someone's property.
Fighting and Training
No change.
Penalties
Bill S-213 provides greater flexibility in sentencing by allowing animal
cruelty
crimes to be prosecuted as either summary conviction or indictable offences.
Maximum penalties are either a jail term of up to five years and unlimited
fines for indictable offences; or fines of up to $5,000 and/or imprisonment of up to 18 months for summary convictions.
The bill also includes up to a lifetime prohibition on ownership, and those
found guilty can be ordered to pay restitution.
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Bill C-373
Wilful Neglect
Effective legislation introduces the term negligent and defines it as 'departing
markedly from the standard of care that a reasonable person would use.'
Killing An Animal
Effective legislation makes it an offence to kill any animal without a
lawful excuse.
Lawful excuse includes hunting, fishing, farming, euthanasia and protection
of life and property.
Brutal and Vicious
Effective legislation makes it an offence to kill an animal with brutal
or
vicious intent, whether or not the animal dies immediately. This
would allow the Criminal Code to address a particularly
heinous form of violence in our society.
Different Protection for Different Animals
Effective legislation applies to all vertebrates equally whether they are
owned or unowned and includes special provisions for the protection of law enforcement animals.
Definition
Effective legislation includes the following definition: 'A vertebrate,
other than a human being.'
Property Section
Effective legislation moves animal cruelty out of the property section
of the Criminal Code to better reflect modern Canadian values.
Fighting and Training
Effective legislation makes it an offence to train an animal to fight and
receive money for animal fighting and training.
Penalties
Effective legislation contains all these penalties, and in addition, applies
to unowned animals.
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