QUICK TAKEAWAY
Cruelty to Animals: If you cause or allow someone to cause unnecessary pain, suffering or death to an animal, you can be charged with cruelty to animals under s.445.1 (1) of the Criminal Code. You will face related charges if the animal is a member of the cetacean order, which includes dolphins, and porpoises. The maximum sentence is five years in prison. If you own or control a marine animal in the cetacean family, the maximum fine is $200,000 if you are charged with the offence.
Table of Contents:
What is Cruelty to Animals?
Section 445.1 (1) of the Criminal Code makes it an offence to cause unnecessary suffering to animals. You can be charged if you allow an animal under your care to suffer pain or injury. You can also be charged if you:
- promote, arrange or receive money from the fighting or baiting of animals, or if you are involved in the training, transporting or breeding of animals or birds for the purposes of fighting;
- administer, without reasonable excuse, a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or if you are the owner who permits the administration of such a substance to an animal; or
- promote, receive money from or take part in any competition or event where captive birds are liberated for the purpose of being shot.
What is Cruelty Toward Cetaceans?
Section 445.2 (1) of the Code defines a cetacean as any member of the cetacean order, including a whale, dolphin or porpoise. It is an offence to own or control a cetacean that is kept in captivity. It is also a crime to breed or impregnate a cetacean or to seek their reproductive materials including sperm or an embryo.
What the Crown Must Prove
To win a conviction on the charge of cruelty toward animals, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must show that you purposely allowed or caused an animal to suffer pain or death. The Code states that if it can be shown that you failed to exercise reasonable care or supervision of an animal, “thereby causing it pain, suffering or injury,” that is enough for a conviction.
The Code also notes that if you were present at the fighting or baiting of animals or birds, that is proof that you knew the event was illegal and that action is enough for you to be found guilty.
With the charge of cruelty toward cetaceans, the Code states you cannot be charged:
- if you owned or controlled a cetacean when this law came into force.
- if the cetacean is kept in captivity for the purpose of providing it with assistance or care or to rehabilitate it following an injury; or
- if you are authorized to keep a cetacean in captivity in the best interests of the cetacean’s welfare pursuant to a government licence.
Penalty for Cruelty to Animals
Cruelty to animals is considered a hybrid offence, meaning it can be prosecuted as an indictable offenceIndictable offences are more-serious criminal offences or a summary convictionUsed for lesser offences.
If you are convicted of this crime, the maximum penalty for an indictable offence is five years in prison. If the charge is prosecuted as a summary conviction, the maximum sentence is a fine of $10,000, a jail term of two years less a day, or both.
The charge of cruelty toward cetaceans is treated as a summary conviction and the maximum fine is $200,000.
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Selamaj Law
Newcombe & Company Law Office
Mark J. Chiu Law Corporation
FH&P Lawyers
Gordon & Company.
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
