“Ontario has the strongest provincial penalties in Canada for animal abuse and neglect.”
This is what the Ontario government claims. And that may be true…..ON PAPER.
But are these “strongest” penalties ever levied by the Courts? And what are the loopholes?
HARDLY EVER !!!
Until animals are viewed as sentient and not merely as property by the law and then by enforcement and the justice system nothing will change.
The people of Ontario are being sold a bill of goods by this government that is very misleading and disingenuous. BUT…it sounds good, makes voters happy.
The reality is people are busy and have other priorities. They care but just simply do not have the time to research this.
BUT WE DO !
Here is the Penalties guide from the PAWS Act, please scroll down to Penalties. Note, these are Provincial Offence penalties. NOT criminal code penalties. A link to animal cruelty criminal code penalties are also on this link.
https://www.ontario.ca/page/animal-welfare
Things to note:
- Animal cruelty cases brought under the Provincial Offences Act are heard in the same court where you fight your parking ticket
- Animal related matters in front of the Court are very low priority. And even lower priority in criminal court.
- The Justice is a Justice of the Peace – NOT a Judge
- The person representing the Crown in many cases is an articling student, not yet a lawyer
- Any conviction is only in effect in Ontario. It means nothing if you move to another province
- A private citizen may petition the Court to have a charge upgraded. They may commence a Private Prosecution to get the Provincial Offence charge upgraded to a criminal charge. The motion is presented to a Justice of the Peace who rules on its merits. Even if approved, the Crown has the opportunity to argue this ruling to keep it in Provincial Offences court. (Example: Neil Stratford case, Hamilton 2023)
Private Prosecution:
https://www.ontario.ca/page/private-prosecutions
Case Study – Neil Stratford – Hamilton – June 30, 2023 – Dog dragging case
This case received a lot of public attention. A video went viral (nearly 100,000 views) of a man dragging his dog on its belly for over 100 feet on a sidewalk then stopping and whipping and beating that dog. Onlookers tried to intervene, he hurled threats of violence. The man dragged the dog (a bully mix breed, named Merlin) away.
Hamilton Police and Animal Welfare Services (AWS) were called – nothing happened.
The video was posted online and public outrage ensued. The public demanded action from Hamilton Police and AWS – nothing.
The public refused to stay silent. Finally, after 9 days – NINE DAYS, AWS removed Merlin from Neil Stratford. Only then was Merlin seen by a vet.
It took 2 months, then AWS announced they were laying three charges:
🔹 MAJOR OFFENCE – Subsection 15(1)
1 count of Causing distress to animal
From PAWS Act – Causing distress
🔹 MAJOR OFFENCE – Subsection 15(2)
1 count of Permitted Distress
From PAWS Act – Permitting distress
🔹 MINOR OFFENCE – Section 13 (Standards of care and administrative requirements for animals)
1 count of failure to provide medical care to animal – this one possibly a MINOR offence
WHY WEREN’T CRIMINAL CODE CHARGES LAID?
April/May 2025: a private prosecution application was filed. Heard and approved by the Justice of the Peace.
June 19, 2025 – in court for the Crown to argue/accept.