Criminal Code charge vs Provincial Offence charge vs No charge?
The exact same occurrence of animal abuse could be done in 10 different municipalities throughout Ontario and you will not see any consistency in how that offence is charged – if charged at all!
Solicitor General Michael Kerzner knows this lack of consistency is a “gap” (his words, not mine).
Hamilton (multiple), Niagara (multiple), Peterborough, Whitewater Region, Kingston, Toronto, North Bay absolute horrendous crimes of animal abuse and criminal code charges were NOT laid by police. They put their hands up and passed the buck to AWS.
ONLY after huge public outcry did Provincial Animal Welfare Services (AWS) actually step up, do their jobs and lay charges – BUT…only under the Provincial Offences Act!!!
Now AWS does not have the authority to file criminal code charges but they definitely have the authority (and dare I say responsibility) to reach out to the police service in that jurisdiction, show them the evidence and indicate that the offence reaches the threshold of animal abuse under Canada Criminal Code 445.1
I have yet come across an example of AWS actually doing this.
Below is an example of the police responding to an animal in distress call just this past weekend (Aug 4, 2025) in Durham Region and actually laying charges themselves instead of passing the buck to AWS.
https://www.durhamradionews.com/archives/200491
And earlier this summer (2025) in Belleville, the police stepped up and laid criminal charges against a man beating his dog.
But think back to Hamilton and Neil Stratford – videotaped dragging and beating his dog Merlin and Hamilton refused to act. Massive public outcry, AWS finally acted and pressed Provincial Offence charges. Why did they not engage Hamilton Police – the level of abuse, distress that Neil Stratford was inflicting on Merlin clearly met Criminal Code 445.1
One thought on “Why the Charging Inconsistencies?”
Maybe the police need to have a special unit that just deals with animal abuse. The police have to have their own special service or unit that deals strictly with animal abuse and laying charges.