Criminal Code of Canada

Two parts of the current Criminal Code deal with cruelty to animals. Section 264.1 makes it an offence to threaten animals. Sections 444 to 447 address cruelty directly, and are contained in the part of the Code dealing with "Wilful and Forbidden Acts in Respect of Certain Property." Most convictions for cruelty are under section 446.

446 (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 bird;

(b) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed;

(c) being the owner or the person having 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;

(d) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;

(e) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or bird wild by nature that is kept in captivity or, being the owner of such an animal or bird, wilfully permits a poisonous or injurious drug or substance to be administered to it;

(f) 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

(g) 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 (f).

(2) Every one who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.

(5) Where an accused is convicted of an offence under subsection (1), the court may, in addition to any other sentence that may be imposed for the offence, make an order prohibiting the accused from owning or having the custody or control of an animal or bird during a period not exceeding two years.

For a summary conviction offence under this section of the Criminal Code of Canada, the maximum penalty that a judge can impose is a $2000 fine and/or 6 months in jail.

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Uttering Threats

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat...

(c) to kill, poison or injure an animal or bird that is the property of any person.

Punishment

(3) Every one who commits an offence under paragraph (1)(b) or (c)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction.