Under the PAWS Act, there are sentencing guidelines provided for Minor and Major Offences (see below).
But in the cases we have been following when someone is convicted, the sentence requested for by the Crown and the actual sentence imposed by the Justice is NO WHERE near what the guidelines permit.
Why is that?
Crown Prosecutors we have spoken have told us that due to lack of precedence they do not ask for a higher sentence and for the same reason, the Justice will not impose a higher sentence (even though it is within the noted guidelines).
But how to you create precedence if no one has the moral courage to set it?
Penalty — individual, minor offences:
(3) On conviction under subsection (1), an individual is liable,
(a) in the case of a first offence, to a fine of not more than $75,000, to imprisonment for a term of not more than six months, or to both; or
(b) in the case of a second or subsequent offence, to a fine of not more than $100,000, to imprisonment for a term of not more than one year, or to both. 2019, c. 13, s. 49 (3).
Penalty — individual, major offences:
(4) On conviction under subsection (2), an individual is liable,
(a) in the case of a first offence, to a fine of not more than $130,000, to imprisonment for a term of not more than two years, or to both; or
(b) in the case of a second or subsequent offence, to a fine of not more than $260,000, to imprisonment for a term of not more than two years, or to both. 2019, c. 13, s. 49 (4).
EXAMPLE # 1:
On March 6, Chelsea Tolles appeared in a Barrie courtroom and was found guilty of permitting an animal to be in distress (MAJOR OFFENCE), failing to comply with standards of care by failing to provide adequate and appropriate sanitary conditions (MINOR) and failing to comply with an order (MINOR), according to the Solicitor General’s office on Wednesday.
There was no specific information released as to what happened to, what orders were that they did not comply with or what kind of animal(s) were involved.
Earlier this week, Tolles was fined $2,500, sentenced to one year of probation and is prohibited from owning, having custody or care of, or residing with any animal for two years.
Under the guidelines, just for the one MAJOR offence, not including the two MINOR offences Tolles could have faced:
- in the case of a first offence, to a fine of not more than $130,000, to imprisonment for a term of not more than two years, or to both;
But the Justice imposed only a fine of $2,500 why?????
EXAMPLE # 2:
On March 13 in a Windsor court, Franco Gazzaruso was found guilty of the same offences.
His sentence?
- Fined $20,000
- Prohibited from owning, having custody or care of, or living with any domestic animal for life.
- Cannot attend any pet shop where animals are for sale
- Attend any humane society/shelter/rescue to foster, walk or assist with domestic animals
NOTE: THESE ARE JUST TWO EXAMPLES – THERE ARE MANY ALONG THIS SAME VEIN!!!!
Why is the Ontario justice system levying such weak sentences and why a complete lack of consistency?
What kind of deterrent message does this send?
CALL TO ACTION:
Please take 5 minutes and let Premier Doug Ford and Attorney General Doug Downey know your feelings. It just takes a moment and every single email matters…thanks so much!
Premier Doug Ford: Premier@ontario.ca
Attorney General Doug Downey: Doug.Downey@ontario.ca
Solicitor General Michael Kerzner: Minister.solgen@ontario.ca
Chief of Staff Patrick Schertzer: Patrick.Schertzer@ontario.ca