Animal Cruelty (Sentencing Cases)
| This page was last substantively updated or reviewed January 2016. (Rev. # 90315) |
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Offence Wording
- 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 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 kept for a lawful purpose.
- Punishment
(2) Every one who commits an offence under subsection (1) [injuring or endangering other animals – offences] 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 of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
R.S., 1985, c. C-46, s. 445; 2008, c. 12, s. 1; 2018, c. 29, s. 53; 2019, c. 25, s. 170.
[annotation(s) added]
- Killing or injuring certain animals
445.01 (1) Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer’s duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member’s duties or a service animal.
- Punishment
(2) Every one who commits an offence under subsection (1) [killing or injuring certain animals] is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than five years and, if a law enforcement animal is killed in the commission of the offence, to a minimum punishment of imprisonment for a term of six months; or
- (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
- Sentences to be served consecutively
(3) A sentence imposed on a person for an offence under subsection (1) [killing or injuring certain animals] committed against a law enforcement animal shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.
[omitted (4)]
2015, c. 34, s. 3; 2019, c. 25, s. 171.
[annotation(s) added]
- 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, promotes, arranges, assists at, receives money for or takes part in
- (i) the fighting or baiting of animals or birds, or
- (ii) the training, transporting or breeding of animals or birds for the purposes of subparagraph (i);
- (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) [causing unnecessary suffering – forms of offence] 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 of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
- Failure to exercise reasonable care as evidence
(3) For the purposes of proceedings under paragraph (1)(a) [causing unnecessary suffering – pain, suffering, or injury], evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering or injury was caused or was permitted to be caused wilfully, as the case may be.
- Presence at baiting as evidence
(4) For the purpose of proceedings under paragraph (1)(b) [causing unnecessary suffering – involved in animal fighting], evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he or she encouraged, aided or assisted at the fighting or baiting.
2008, c. 12, s. 1; 2019, c. 17, s. 2; 2019, c. 25, s. 172.
[annotation(s) added]
- Definition of cetacean
445.2 (1) In this section, cetacean includes any member of the cetacean order, including a whale, dolphin or porpoise.
- Offence
(2) Subject to subsections (2.1) to (3.1) [causing unnecessary suffering – exceptions], every person commits an offence who
- (a) owns, has the custody of or controls a cetacean that is kept in captivity;
- (b) breeds or impregnates a cetacean; or
- (c) possesses or seeks to obtain reproductive materials of cetaceans, including sperm or an embryo.
- Exception — gestation
(2.1) If a cetacean is gestating on the day on which this subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force.
- Exception — offspring
(2.2) Paragraph (2)(a) does not apply to the offspring of a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force.
- Exception
(3) Paragraph (2)(a) [keeping a cetacean in captivity] does not apply to a person who
- (a) owns, has the custody of or controls a cetacean that is kept in captivity at the coming into force of this section and remains continuously in captivity thereafter;
- (b) has the custody of or controls a cetacean that is kept in captivity for the purpose of providing it with assistance or care or to rehabilitate it following an injury or another state of distress; or
- (c) is authorized to keep a cetacean in captivity in the best interests of the cetacean’s welfare pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.
- Exception
(3.1) Subsection (2) [involved with breeding or keeping captive a cetacean] does not apply to a person who is conducting scientific research pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.
- Exception — authorization
(4) Every person commits an offence who 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 cetaceans are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council.
- Punishment
(5) Every one who commits an offence under subsection (2) [involved with breeding or keeping captive a cetacean] or (4) [exception when authorized] is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $200,000.
2019, c. 11, s. 2; 2019, c. 14, s. 58.3.
[annotation(s) added]
- 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) [wilful neglect causing injury] 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.
[omitted (3)]
R.S., 1985, c. C-46, s. 446; 2008, c. 12, s. 1; 2019, c. 25, s. 173.
[annotation(s) added]
Case Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Camardi, 2015 ABPC 65 (CanLII), per Gaschler J | AB  |
PC | 22 months imprisonment | The offender abused and tortured his Siberian Husky over several months until the dog died. The offender also abused a cat. The offender had a prior record for violence and was assessed as being a high risk to re-offend. Find summaries of case. |
| R v Habermehl, 2013 ABPC 192 (CanLII), per Fraser J | AB |
PC | 90 days imprisonment | The offender assaulted the family cat after being frustrated by the cat's behaviour. The cat was euthanized due to injuries. Find summaries of case. |
| R v Tremblay, 2012 BCPC 410 (CanLII), per Gouge J | BC  |
PC | 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" Find summaries of case. |
| R v Fawcett, 2012 BCPC 421 (CanLII), per Merrick J | BC |
PC | fine and probation | unnecessary suffering to 9 dogs Find summaries of case. |
| R v Connors, 2011 BCPC 24 (CanLII), per Quantz J | BC |
PC | 6 months imprisonment and probation | The offender was took care of a friend's dog. The dog was sick and poorly trained and so defecated in the offender's house. The offender as intoxicated and angry and assaulted the dog. The dog died of broken ribs and other injuries from blunt force trauma. Find summaries of case. |
| R v Munroe, 2010 ONCJ 226 (CanLII), per ODonnell J | ON  |
PC | 12 months imprisonment | The offender tortured and harmed his girlfriend's dog over a month. The dog died due to injuries. Probation was also ordered. Find summaries of case. |
| R v Power, 2003 CanLII 20379 (ON CA), 176 CCC (3d) 209, per Doherty JA |
ON |
CA | Find summaries of case. |