The Canadian legal system is characterized by a unique interplay between federal and provincial legislation, particularly evident in the context of criminal law. The Criminal Code of Canada, enacted in 1892, serves as the principal federal statute delineating criminal offenses and the penalties associated with them. This code establishes a uniform set of laws applicable across the nation, ensuring consistency in the prosecution of criminal behavior such as theft, assault, and murder. The burden of proof is higher and therefore the associated fines/penalties are more severe than their provincial counterparts. However, the federal laws are completely out of date and not in alignment with public sentiment towards animals and how they should be treated. For example, the federal statute allows for some level of killing, maiming, wounding or poisoning animals as long as there is a “lawful excuse”. Our question is what excuse is there to kill except for a licensed slaughter facility and even then the treatment and conditions must be humane.
In contrast, provincial legislation addresses specific regulatory and enforcement matters, allowing individual provinces to exercise jurisdiction over areas not explicitly covered by the Criminal Code and at a more local focus. This includes statutes related to property rights, family law, and certain regulatory offenses. Moreover, provinces possess the authority to enact laws that complement federal statutes, such as traffic regulations or liquor control laws, which may impose additional penalties or create unique enforcement mechanisms within their jurisdictions. Under the Provincial Offences Act, the burden of proof of lower and therefore fines/penalties less severe. Those convicted will NOT have a criminal record and the offences do not fall under extradition treaties with other countries.
ANIMAL CRUELTY
Animal cruelty legislation stems from both federal and provincial sources, creating a complex legal framework that governs the treatment of animals. At the federal level, the Criminal Code of Canada outlines general animal cruelty offenses, notably in sections 445.1 and 446, which prohibit causing unnecessary suffering and harm to animals. These provisions establish a baseline for animal welfare, making it a criminal offense to willfully injure or neglect animals. (See link below)
In Ontario and British Columbia, they have enacted their own animal welfare acts that establish enhanced protections and enforcement mechanisms tailored to local needs. These laws can and do introduce stricter penalties and define the standards for care, allowing for a more nuanced approach to animal welfare within the province. In Ontario our legislation is named the Provincial Animal Welfare Services Act (the PAWS Act which the PUPS Act is part of).
Unfortunately in the case of Ontario, the government has chosen to only address a portion of their responsibility to the taxpayers of Ontario and the animals they swore to protect.
Under Premier Doug Ford the penalties were made stricter – absolutely – and that is a good thing! BUT, unless these stricter penalties are partnered with clear, concise Standards of Care that can be measured for compliance, qualified and empowered enforcement and fair application of justice the stricter penalties are meaningless!
Ontario chose NOT to require licensing for dog breeders. Like other parts of Canada, Ontario has an unethical dog breeding crisis on our hands. Dog breeders and brokers conduct their business completely behind a veil of secrecy. There is zero proactive oversight or accountability. Because of this veil, their very substantial incomes remain hidden from taxation.
What this results in an estimated well over 1000 puppy mills in Ontario. Ofcourse the true number is impossible to identify because there is zero oversight by the province. The province will counter that the new PUPS Act will address unethical breeding and hold those responsible accountable. BUT, the breeders are INVISIBLE to oversight, enforcement, accountability and justice!!! And the animals continue to suffer and consumers continue to get scammed.
Ontario animal welfare IS BROKEN !
Canadian Criminal Code – Animal Cruelty:
https://laws-lois.justice.gc.ca/eng/acts/C-46/section-445.1.html
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“Until he expands the circle of his compassion to all living things, man will not himself find peace”
—- Albert Schweitzer —-