Q Why do we need to amend the Criminal Code with respect to animal cruelty?
A Currently, less than 1/3 of 1% of all animal abuse complaints lead to criminal charges. Of those charges laid, only about 45% result in successful convictions. Frequently a successful conviction means a fine of $400 or simply being placed on probation.
The animal cruelty provisions of the Criminal Code date to 1892, with minor amendments in 1953. Over the past century, societal attitudes towards animals have changed.
Studies in recent years have shown a link between animal abuse and violence towards humans. Serial killers such as Ted Bundy and Jeffrey Dahmer tortured animals when they were young.
Q How will Bill C-10 improve the current situation?
A The amendments will provide tougher penalties for those convicted of willful and unnecessary animal cruelty or neglect, including the ability to ban offenders from owning animals in the future. Under these new laws for example, the Vaughan, Ontario puppy mills owners could be prevented from simply starting up their operation again.
The establishment of animal cruelty crimes as hybrid offences, rather than punishable only as summary conviction offences, provides judges with broader sentencing discretion. This change, along with moving animal cruelty offences out of the property crimes section of the Criminal Code and into a new section, signals a new level of importance for these crimes. This will be a critical signal to police, prosecutors and judges to treat such crimes seriously, particularly for repeat offences and for heinous animal cruelty.
Q Won’t radical animal rights groups try to prosecute every farmer and scientist who harms an animal in any way?
A No. Canadian law provides a variety of mechanisms to protect citizens from false accusations. These apply to animal cruelty provisions as they do to other sections of the law. Charges are only brought to court with the approval of the Crown, who will only bring charges in cases where it is considered in the public interest to prosecute. Allegations must be serious in nature, rather than trivial or technical, and the conviction must be likely to result in a significant sentence.
