Kara Sears
Canada has animal cruelty laws in place at the federal, provincial, and municipal levels, but the country has been criticised for its weak animal welfare protections. The federal government is the only level of government that can enact criminal laws, and the current federal legislation includes both indictable and summary charges for animal cruelty. Each province has tailored its legislation to fit its needs, but many have similar provisions, such as making it a regulatory offence to cause an animal distress. However, critics argue that lenient penalties and a lack of enforcement mean that animal cruelty cases are on the rise in Canada.
| Characteristics | Values |
|---|---|
| Animal cruelty laws | Canada has anti-cruelty laws at every level of government, but these are considered weak and lenient. |
| Federal laws | The Criminal Code includes animal cruelty offences with indictable and summary charges. Sections 444 to 447 were amended in 2008 to increase penalties. |
| Provincial laws | Each province has tailored legislation, with similar provisions but differing penalties. Many make it an offence to cause animal distress through neglect or deprivation of basic needs. Some provinces have specific protections for service animals and sled dogs. |
| Municipal laws | Many cities and municipalities have enacted by-laws for animal control and broader responsibilities of care for domestic animals. |
| Enforcement | Enforcement of animal protection laws is variable across provinces, with some SPCas expressing concerns about a lack of resources. |
| Wildlife | Most provinces have separate legislation for wildlife, focused on conservation rather than individual welfare. Hunting, trapping, and fishing are generally exempt from anti-cruelty laws. |
| Farming | The Health of Animals Act and Meat Inspection Act set regulations for the welfare of animals during transport, loading, and slaughter. Farming is generally exempt from anti-cruelty laws. |
| Cosmetics | Testing cosmetics on animals was banned in 2023. |
| Fur farming | There are no federal laws regulating fur farms. Only Newfoundland and Labrador have enacted codes of practice for mink and fox farming. |
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What You'll Learn
Canada's federal animal cruelty law
The Criminal Code includes special protections for certain types of animals, such as cattle, horses, mules, donkeys, pigs, sheep, and goats, while excluding others like chickens and fish, which are commonly raised for food. Section 445(1)-(2) of the Code recognises suffering as distinct from pain and injury, applying to all animals and birds. It also addresses the abandonment of animals in distress. Section 446 makes it an offence to neglect providing adequate food, water, shelter, and care for domesticated animals.
While the federal government sets the criminal laws, each province and territory in Canada has tailored its legislation to fit its specific needs and cultural context. Many provinces consider causing animal distress, including neglect of basic needs, as a regulatory offence. Ontario and Manitoba have similar animal cruelty laws but differ in the penalties for violations. Alberta prioritises livestock welfare, while Saskatchewan and British Columbia follow Ontario and Manitoba's legislation closely. Quebec's animal cruelty legislation does not currently include jail sentences, but proposed amendments may change this.
The northern provinces and territories, including Yukon, the Northwest Territories, and Nunavut, have notably different legislation. The Northwest Territories' laws focus on regulating animal importation and agricultural practices, while the Nunavut Dog Act exclusively protects dogs with significantly lower fines than southern provinces. Yukon has the strictest penalties for animal cruelty in northern Canada and extends protections to a broader range of companion animals.
Despite federal and provincial laws, critics argue that Canadian animal cruelty laws are lenient and often favour individuals. The lack of severe consequences for offenders has led to a constant yearly increase in animal cruelty cases. Additionally, municipal by-laws tend to focus on animal control and companion animals, neglecting wildlife and their mistreatment. However, some cities have enacted broader responsibilities of care for domestic animals, addressing issues like stray and abandoned pets.
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Provincial differences in animal cruelty legislation
Canada's animal cruelty laws can be enacted at every level of government: Federal, Provincial, and Municipal. While the federal government is the only level empowered to enact criminal laws, provinces can create regulations and give municipalities the power to enact by-laws. As a result, each province has tailored its legislation to fit the needs of its area, although many provinces share similar provisions.
Many provinces make it a regulatory offence to cause an animal distress, whether through deprivation of basic needs, neglect, or causing pain. Ontario and Manitoba, for example, have very similar animal cruelty legislation but differ on penalties for violations, with Ontario having higher fines and imprisonment sentences. In Western Canada, Alberta places a large emphasis on the welfare of livestock, while Saskatchewan and British Columbia's legislation more closely resembles that of Ontario and Manitoba. Quebec's animal cruelty legislation does not currently include jail sentences, but proposed amendments could change this.
The Northern Provinces and territories, including Yukon, the Northwest Territories, and Nunavut, have significantly different legislation from the rest of the country. The Northwest Territories, for instance, have two pieces of animal legislation that provide little in the way of broad animal protection and are primarily concerned with regulating animal importation and agricultural practices. The province of Yukon, on the other hand, has the most stringent penalties for animal cruelty in Northern Canada and contains provisions that protect a broader selection of companion animals.
While the Criminal Code of Canada prohibits anyone from willfully causing animals to suffer from neglect, pain, or injury, it can be difficult to prosecute animal cruelty cases under the current legislation due to the "willful" mens rea requirement. Sections 444 to 447 of the Criminal Code, which govern animal cruelty at the federal level, have been criticised as outdated and insufficient for protecting animals.
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Municipal by-laws and animal cruelty
Canada's anti-cruelty laws can be enacted at every level of government, including the municipal level. However, the federal government is the only level of government with the power to enact criminal laws. The provinces are empowered to create regulations and give municipalities the power to enact by-laws.
Municipal by-laws play a small role in animal protection, but they are often lacking in penalties. Many cities have enacted by-laws that dictate broad responsibilities of care for domestic animals. Some progressive municipalities have considered regulations that recognize that the stray and abandon pet problems stem from the purchase of animals that have not been sterilized or animals that have been raised in an unhealthy way.
Municipal by-laws largely ignore wildlife animals and provide no penalties for their mistreatment. In Richmond, British Columbia, drafted by-laws restrict the sale of dogs and puppies in pet stores, aiming to curb puppy mill production.
The Criminal Code of Canada prohibits anyone from willfully causing animals to suffer from neglect, pain, or injury. Sections 444 to 447 of the Criminal Code include both indictable and summary charges for animal cruelty. Upon conviction of an indictable offence, individuals are liable to imprisonment for a term of not more than five years. If convicted of a summary charge, individuals are liable to a fine not exceeding ten thousand dollars or imprisonment for a term of not more than eighteen months, or both.
While Canadian anti-cruelty laws exist at every level of government, there is a view that they are antiquated and narrow in scope. The standard of ""willful neglect"" can make it challenging to prosecute cases of animal neglect.
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Penalties for animal cruelty
Canada has anti-cruelty laws at every level of government, including Federal, Provincial, and Municipal. The federal government is the only level of government empowered to enact criminal laws. The current federal legislation under Canadian Criminal Code sections 444 to 447 includes both indictable and summary charges for animal cruelty. The maximum penalty for animal cruelty offences is a $10,000 fine or imprisonment for up to five years, or both.
Each province has tailored its legislation to fit the needs of their area, but many have similar provisions. Many provinces make it a regulatory offence to cause an animal distress, which can result from depriving animals of basic needs, including food, water, and hygienic shelter, or from pain, neglect, or abandonment. Ontario and Manitoba have similar animal cruelty legislation but differ on penalties for violations, with Ontario having slightly higher fines and imprisonment sentences depending on the violation. In Western Canada, Alberta places a large emphasis on the welfare of livestock, while Saskatchewan and British Columbia have legislation similar to that of Ontario and Manitoba. Quebec's animal cruelty legislation does not include jail sentences, but proposed amendments could change this.
The Northern Provinces and territories, including Yukon, the Northwest Territories, and Nunavut, have significantly different legislation from the rest of the country. The Northwest Territories have two pieces of animal legislation that provide little in the way of broad animal protection and are primarily concerned with regulating animal importation and agricultural practices. The Nunavut Dog Act provides protection only for dogs and has fines that are significantly lower than those in the southern provinces. The province of Yukon has the most stringent penalties for animal cruelty in Northern Canada and also contains provisions that protect a broader selection of companion animals.
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Animal cruelty case law
Animal cruelty laws in Canada can be enacted at every level of government: Federal, Provincial, and Municipal. The federal government is the only level empowered to enact criminal laws. The current federal legislation under Canadian Criminal Code sections 444 to 447 includes both indictable and summary charges for animal cruelty. Upon conviction of an indictable offence, individuals are liable to imprisonment for a term of no more than two years. If convicted of a summary charge, individuals are liable to a fine not exceeding five thousand dollars or imprisonment for no more than six months, or both.
Each province has tailored its legislation to fit its needs, but many have similar provisions. Many provinces make it a regulatory offence to cause an animal distress, which can result from depriving them of basic needs, including food, water, and hygienic shelter. Ontario and Manitoba have similar animal cruelty legislation but differ on penalties for violations. In Western Canada, Alberta places a large emphasis on the welfare of livestock, while Saskatchewan and British Columbia's legislation more closely resembles that of Ontario and Manitoba. Quebec's animal cruelty legislation does not include jail sentences, but proposed amendments could change this.
The Northern Provinces and Territories, including Yukon, the Northwest Territories, and Nunavut, have significantly different legislation from the rest of the country. The Northwest Territories have two pieces of animal legislation that provide little in the way of broad animal protection and are primarily concerned with regulating animal importation and agricultural practices. Yukon has the most stringent penalties for animal cruelty in Northern Canada and contains provisions that protect a broader selection of companion animals.
Canadian case law regarding animal cruelty is sparse, and it can be difficult to prosecute animal cruelty cases under the current legislation, especially given the "'willful' mens rea requirement present in the majority of the provisions." From case law, it has been determined that in animal cruelty cases in which charges are laid under the criminal code, there is a rebuttable presumption that if the prosecution can prove causation of pain and suffering, then the perpetrator will have been deemed to have acted willfully. R v Menard (1978), 43 C.C.C. (2d) 458 (Que. C.A.) has been called the “most authoritative” criminal law case in Canadian case law. In this case, the future Canadian Supreme Court Chief Justice, Lamer J., overturned a decision from the lower courts and reinstated the original conviction. Lamer's statements about the animal-human relationship have been influential in Canadian animal case law.
In another case, R. v. Shand, 2007 ONCJ 317, the accused was charged with three counts of animal cruelty in relation to a dog in her care. The court found that on two of the counts, the accused had acted "wilfully" because she was either "reckless or indifferent as to her dog's condition."
In Reese v Edmonton, 2011, ABCA 238 (CanLII), Reese attempted to force the City of Edmonton to relocate Lucy, a 36-year-old Asian elephant, to a warmer location with other elephants for socialisation. The Supreme Court of Canada refused to grant standing to Reese, and the case was dismissed without reason. By refusing to hear the case, the Supreme Court effectively barred courts from reviewing the well-being of animals, perpetuating the ideology that animals are less important beings.
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Frequently asked questions
Yes, Canada has anti-cruelty laws at every level of government: Federal, Provincial and Municipal.
The Criminal Code of Canada, Sections 444 to 447, includes indictable and summary charges for animal cruelty. If convicted of an indictable offence, an individual is liable to imprisonment for up to five years. For summary charges, they are liable to a fine of up to $10,000 or imprisonment for up to 18 months, or both.
Yes, each province has tailored legislation to fit its specific needs. Many provinces make it a regulatory offence to cause an animal distress, including depriving them of food, water, and shelter. Some provinces, like Ontario and Manitoba, have similar legislation but differ in penalties. Others, like Alberta, focus on livestock welfare. Quebec's legislation does not include jail sentences.
The Northern Provinces and territories, including Yukon, the Northwest Territories, and Nunavut, have significantly different and less stringent legislation. The Northwest Territories' laws focus on regulating animal importation and agricultural practices. Nunavut's laws only protect dogs and have lower fines. Yukon has the strictest penalties in Northern Canada and protects a broader range of companion animals.
