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Canadian Animal Cruelty Laws Are Strong: Canadian Enforcement Of Said Laws Is Beyond Weak

2016/5/3 16:37:54

In the wake of current news that 1 hundred sled dogs had been inhumanely “euthanized” (though murdered appears a far more apt term) final April in the hands of an employee of a dog sledding business in Whistler, BC, thousands have taken to the media and social network forums to protest the lack of stringent animal cruelty laws in this country. The consensus seems to be that harsher animal cruelty punishments in Canada would serve as a deterrent against such horrific acts. What these individuals are failing to understand however, is the fact that Canada presently has some of the harshest criminal punishments for animal abusers, and also the issue lies not in the present legislation, but in the hands of the court program, which for some reason or another neglects to issue said punishments.

Let us 1st take a look at the animal cruelty laws in this country (with respect to domesticated animals, as the debate on legislation regulating livestock can be an entire other matter) :

Cruelty to Animals

Causing unnecessary suffering
445.1 (1) Every single one commits an offence who
(a) wilfully causes or, becoming the owner, wilfully permits to be triggered unnecessary discomfort, 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, with out 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’s kept in captivity or, becoming 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 dollars for or takes part in any meeting, competitors, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other suggests for the purpose of being shot when they are liberated; or
(e) becoming the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be employed for a purpose mentioned in paragraph (d).
Punishment
(2) Every one who commits an offence below subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not far 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 a lot more than eighteen months or to each.
Failure to exercise reasonable care as evidence
(three) For the purposes of proceedings below paragraph (1)(a), evidence that an individual failed to workout 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 induced or was permitted to be brought on wilfully, as the situation may be.
Presence at baiting as evidence
(four) For the objective of proceedings beneath paragraph (1)(b), evidence that an accused was present in the fighting or baiting of animals or birds is, in the absence of any evidence towards the contrary, proof that he or she encouraged, aided or assisted at the fighting or baiting.
2008, c. 12, s. 1.
Causing harm or injury
446. (1) Each 1 commits an offence who
(a) by wilful neglect causes harm or injury to animals or birds even though they are becoming 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 which is in captivity, abandons it in distress or wilfully neglects or fails to supply appropriate and adequate food, water, shelter and care for it.
Punishment
(2) Each and 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 a lot 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 extra than six months or to both.
Failure to workout reasonable care as evidence
(three) For the purposes of proceedings below paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it damage or injury is, in the absence of any evidence to the contrary, proof that the harm or injury was brought on by wilful neglect.
R.S., 1985, c. C-46, s. 446; 2008, c. 12, s. 1.

*Taken from Department Of Justice Canada

What we see above can be a clear set of laws and punishments (which obviously will always be subject to debate in the courts). Personally I really feel that yes, five years in prison is adequate for extreme acts of aggression toward animals. You might properly disagree with me, but the truth remains that in many cases, sexual predators and rapists are subject to much less time. Again, the difficulty lies in the truth that hardly ever is such a punishment administered. Take for example these current examples :

-Anjalo Abeywickrema, the Windsor, Ontario man who used rubber tubing to fasten a condom to his dog’s genitals, received a four month sentence. His dog had to be euthanized as a result of a severe infection.

-Brent Malcolm Connors of Victoria, BC pleaded guilty final week to beating his puppy to death, and was sentenced to six months.

-Christopher Michael Munroe of Toronto was sentenced to 12 months in jail. In 2010, Munroe was charged and convicted of abusing his girlfriends two Boston Terriers. According to the necropsy, performed at the University of Guelph by a pathologist, “Abbey” had approximately 14 broken ribs, a fractured skull, two detached retinas, severe ulcerations towards the feet, and chemical or electrical burns to her anus and vagina. ‘”Zoe” also suffered substantial beatings, especially to the ribs and abdomen manifesting in swellings hanging from her chest.

Some people today will say that the respective punishments above are additional than enough. Other people will say that no matter the punishment, one who is prone to abusing animals will do so regardless. I have a tendency to think that if there had been much more headlines across the country informing us of people becoming placed in custody for half a decade as a result of their actions, we could all breath a minimum of somewhat easier when pondering the safety of our pets.

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