Many police services throughout Ontario are not aware that Animal Cruelty is part of Canada’s Criminal Code (Sections 445 – 447) and are therefore within their authority and it is their responsibility to investigate incidents to see if a crime has been committed.
In the specific case of the death of Rottweiler Heiniu, there is credible evidence to suggesting a criminal offence and therefore falls on the police to investigate.
It is not appropriate for Police to simply defer the investigation to a third party such as Provincial Animal Welfare Services (AWS – PAWS) to investigate IF a criminal offence is suspected to have taken place.
AWS – PAWS is not a substitute for police criminal investigation;
- AWS do NOT possess the same criminal investigative mandate or tools as police
- AWS cannot decide whether Criminal Code charges should be laid on behalf of police
HUMANE INITIATIVE’S OPEN LETTER TO YORK REGIONAL POLICE:
Superintendent David MacDonald – District 1, York Regional Police
Chief Paulo DaSilva – York Regional Police
Dear Superintendent MacDonald, Chief DaSilva,
I am writing to formally request that York Regional Police open a criminal investigation into the circumstances surrounding the death of Heiniu, a non-aggressive family dog, during an incident involving two professionally trained municipal Aurora Animal Control Officers.
If the circumstances potentially engage the Criminal Code, that responsibility falls to York Regional Police and should not be deferred simply because another animal welfare centric agency exists.
Accordingly, I am asking York Regional Police to:
1. Open a formal criminal investigation into the circumstances surrounding Heiniu’s death.
2. Determine whether the conduct of the two Animal Control Officers meets the elements of an offence under Criminal Code section 445.1(1), including causing unnecessary suffering to an animal.
3. Determine whether the circumstances engage section 445.1(3) and whether the officers failed to exercise reasonable care or supervision in their handling and restraint of Heiniu.
4. Obtain and examine all relevant evidence, including body-worn camera footage, photographs, video recordings, dispatch communications, incident reports, veterinary and necropsy records, witness statements, training records, policies, procedures, and any other documentation relating to the incident.
5. Determine whether the officers’ professional training and experience should have enabled them to recognize that Heiniu was experiencing severe distress and that the continued use of the same restraint technique posed an unacceptable risk to his welfare and life.
6. Determine whether appropriate alternative methods, veterinary assistance, additional personnel, sedation, or other intervention should reasonably have been considered once it became apparent that the initial capture method was failing and causing significant distress.
I am therefore respectfully but firmly requesting that York Regional Police not treat this solely as an animal-control, municipal, or provincial animal-welfare matter. The potential application of the Criminal Code should be independently assessed by police.
Heiniu was a family pet. His death deserves an impartial examination of the actions that preceded it, including whether the conduct of those entrusted with his care and control crossed the threshold from an unsuccessful animal-control intervention into potentially criminal conduct.
I request written confirmation that this matter has been referred for consideration as a potential Criminal Code investigation and that all relevant evidence will be preserved.
I would also appreciate being advised of the incident number assigned and the officer or unit responsible for assessing this request.
Sincerely,
Donna Power
WE’VE MADE IT EASY FOR YOU TO SEND YOUR OWN LETTER…
We’ve created a simple form – fill in a few blanks and the system generates a done-for-you email. Hit send and a letter will go out to those who can ensure that not only does a thorough investigation by Animal Welfare Services takes place — but that a criminal investigation by York Regional Police happens.
