Even though the criminal code is very clear that IT IS A CRIME:
From the first moment the province took over the responsibility of animal welfare in Ontario the die was cast….animal cruelty will not be treated seriously. The province CHOSE a provincial regulatory enforcement model path as opposed to following the criminal code path. Why?
- Ont Gov made the decision to make animal cruelty a procedural statute issue NOT criminal
- Therefore animal cruelty is created as an “offence” vs a crime
- Inspectors hold no powers to charge criminally but why do we see case after case of AWS refusing to engage with police when the level of cruelty meets and surpasses wilful intent.
- Just a few examples:
- Carly Young, Niagara – killed Dakota, critical distress was inflicted
- Jessica Kippen, Hamilton – inflicted critical distress leading to death
- Katelyn Lidkea, Peterborough – allow unimaginable suffering leading to death
- It is easier, cheaper, quicker with a lower burden of proof and more “efficient” for the Crown.
- Government chose to follow a regulatory framework vs criminal code framework
- Criteria it’s focused on “Standards of Care” vs wilful cruelty
- Therefore cases are seen as a “neglect” issue rather than wether deliberate abuse was intended
- The province tries to cover ALL animal welfare issues under a regulatory blanket when some cases are clearly wilful intent to harm and inflict suffering on an animal – which is criminal!
- People charged under the Provincial Offences Act appear literally in TRAFFIC COURT
- the Crown is often represented by an articling student – not even a lawyer
- the “Judge” is not a Judge but a Justice of the Peace
- guilty verdicts carry NO CRIMINAL RECORD And sentences are literally a slap on the wrist
- Many police services will just toss the ball over to AWS if there are calls for service that involve animals even though a criminal code statue exists.
- And IF there is an investigation is started by AWS and evidence clearly meets the threshold of criminal code 445.1 (see above) why in most cases is AWS not engaging with police to start a criminal investigation?
- And if this case is charged under the Provincial Offences Act, when it goes to the Crown, why if the evidence clearly shows wilful intent to cause or permit unnecessary pain, suffering or distress are they not moving to have the charges elevated to a criminal level? WHY?
There is very strong public support for cases of animal cruelty to be handled as a serious matter, charged appropriately and with strict penalties and the guilt party will have a criminal record.
Our animal welfare system must send a clear message of serious consequences.
CALL TO ACTION:
We are in the midst of launching a critical letter writing campaign. Letters will be prepared for you so super easy to have your voice heard by the decision makers. Watch for this next week!!!!
In the meantime, please check out these ongoing petitions;