Cruelty to Animals Bill

The following is taken from Briefing Notes to Members of Parliament

March 2001... Rationale for not including Definition of lawful excuse.

After close and careful examination by Department of Justice lawyers and legislative drafters, certain other suggested changes are not being proposed. Below is the rationale behind the legal policy decisions on these matters.

• Create exemptions for normal and accepted activities - Lawful practices involving animals have never been exempt from the law. In any event, lawful activities that are carried out humanely do not violate the criminal law, and therefore do not need to be exempt. The criminal law generally applies to everyone, wherever they may be, including at work or at play; profit-generating and recreational activities are not normally exempt from the application of the law.

• Revise the definition of "animal" so that it no longer includes an animal other than a vertebrate "that has the capacity to feel pain" - The current law does not include a definition of "animal", a definition was included to provide greater certainty. In many countries, animal cruelty laws apply only to "vertebrates", in others, "animal" is defined as any living being. The definition in Bill C-15 is a logical and middle of the road one that provides clarity and also allows for cases to be brought in respect of invertebrates where scientific evidence clearly demonstrates that the animal has the capacity to feel pain.

• Define the offence of "brutally or viciously" killing an animal - This offence directly targets intentional brutality. The words here are plain. The prosecution must prove that a person was knowingly brutal or vicious; it is not enough that another person would view the act as brutality.

The provisions on cruelty to animals in Bill C-15 preserve the substance and the effect of the amendments that were in Bill C-17, namely consolidating and simplifying the existing offences and enhancing maximum penalties and penalty options. The amendments in C-15 contain improvements to the text that more clearly capture the true criminal nature of animal cruelty. The law now unambiguously draws the line between abuse and criminal neglect, and the inadvertent or unavoidable causing of pain to animals in the course of lawful activities.