THREE JURISDICTIONS – ONE BIG HOLE
The broad issue of animal welfare spreads across multiple geographic jurisdictions with each one having its own set of definitions, legislation, regulations and burdens of proof. Unfortunately all three have significant holes in regard to providing animals with the needed protections.
FEDERAL
Federal animal cruelty laws in Canada were originally enacted in the Canadian Criminal Code in 1892. The current federal legislation under sections 444 to 447 of the Criminal Code of Canada includes both indictable and summary charges for animal cruelty.
Upon conviction of an indictable offence, individuals are liable to imprisonment for a term of not more than two years. If convicted of a summary charge, individuals are liable to a fine not exceeding five thousand dollars or to imprisonment for a term of not more than six months or both.
Canadian case law regarding animal cruelty is sparse. It can be difficult to prosecute animal cruelty cases under the current legislation and successful prosecution hinges on the Crowns ability to prove that the act was “willful”, referencing the mens rea requirement present in the majority of the provisions. From case law, it has been determined that in animal cruelty cases in which charges are laid under the criminal code, there is a rebuttable presumption that if the prosecution can prove that:
1. Failure to exercise reasonable care
2. Pain and suffering or injury
3. Causation of pain and suffering, then the perpetrator will have been deemed to have acted willfully
PROVINCIAL
The Provincial Animal Welfare Services Act (the PAWS Act) is Ontario’s animal welfare legislation. Please see the PAWS Act drop down for detailed information.
https://www.ontario.ca/laws/statute/19p13
MUNICIPAL
Many municipalities (not all) have by-laws that deal with animal control and regulations for companion animals. Like their federal and provincial counter parts, municipal by-laws largely ignore wildlife animals and provide no penalties for their mistreatment. Some progressive municipalities have considered regulations that recognize that the stray and abandon pet problems stem from purchase of animals that have not been sterilized.
Municipal animal welfare bylaws are varied and range from non-existent to quite comprehensive and is driven mostly by community and animal advocacy engagement as well as the local elected Council willing to listen to those stakeholders.
Our experience has revealed wide spread lethargic attitudes and an unwillingness to ensure appropriate resources are made available to properly address animal welfare concerns.