Canadian Criminal Sentencing/Offences/Animal Cruelty

Overview

There are three types of offences against animals generally. There is offences for killing and harming animals (445), torturing animals (445.1), and neglecting animals (446).

Legislation

Injuring or endangering other animals
445. (1) Every one commits an offence who, wilfully and without lawful excuse,

(a) kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose; or

(b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose.

Punishment
(2) Every one who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.

R.S., 1985, c. C-46, s. 445; 2008, c. 12, s. 1.

Cruelty to Animals

Causing unnecessary suffering
445.1 (1) Every one commits an offence who

(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;

(b) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;

(c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;

(d) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or

(e) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).

Punishment
(2) Every one who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.

...
2008, c. 12, s. 1.

Causing damage or injury
446. (1) Every one commits an offence who

(a) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; or

(b) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it.

Punishment
(2) Every one who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or

(b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or to imprisonment for a term of not more than six months or to both.

...
R.S., 1985, c. C-46, s. 446; 2008, c. 12, s. 1.

– CCC

Proof of the Offences

In addition to the essential elements of time, location, and identity, the Crown should also prove the following for each offence:

Ancillary Orders

• s. 447.1 Order prohibiting the ownership of animals
• s. 447.1 order accused to pay restitution for care of animal resulting from offence

Case Digests

• R. v. Tremblay, 2012 BCPC 410 (CanLII) - 6 month - "continued to strike [animal] repeatedly with a hammer over a period of more than an hour, ignoring [the animal's] cries of pain"
• R. v. Fawcett, 2012 BCPC 421 (CanLII) - fine and probation - unnecessary suffering to 9 dogs
• R. v. Munroe, 2010 ONCJ 226 (CanLII) - 12 months -
• R. v. Power, 2003 CanLII 20379 (ON CA), (2003) 176 C.C.C. (3d) 209 -