AFAC Logo AFAC Logo

 

spacer

header
AFAC Logo AFAC Logo  
HomeContact AFACAbout AFACAFAC Programs & ServicesIndustry LinksSite Map
Spacer

The Laws

Cruelty to Animals Bill

Click here for information on pdf files.

 

Criminal Code of Canada - Cruelty to Animals Bill

Section 446 of the federal Criminal Code prohibits anyone from wilfully causing animals to suffer from neglect, pain, or injury. The Society for the Prevention of Cruelty to Animals or police officers investigate complaints of noncompliance.

Criminal Code

PART XI : WILFUL AND FORBIDDEN ACTS IN RESPECT OF CERTAIN PROPERTY


Click on the links below to view the Bill

Bill C-17arrow right Bill C-15 arrow right Bill C15B arrow rightBill C-10 arrow right Bill C-10B arrow right
Bill C-22 arrow right Bill C-50 arrow right Bill C-373 (Bill S203)

Chronolocial updates on Canada's Criminal Code - Cruelty to Animals Bill

Apr 10, 2008

The House of Commons passed the cruelty to animals’ bill.

Feb 15, 2008

Animal Protection Groups Outraged Over Passage of Inadequate Bill

Bill S-203 is opposed by the vast majority of Canadians and all animal protection groups from across Canada. In a shocking and outrageous decision, the House of Commons Committee on Justice and Human Rights circumvented democracy and voted in favour of Bill S-203 ... more

Feb 12, 2008

Universities back new animal cruelty bill

After years of fighting federal bills to toughen animal cruelty laws, academia is, according to this story, putting its support behind a version that universities say would not pose a threat to legitimate animal research ... more

Update 'archaic' animal protection laws, critics demand

Canada's existing animal cruelty laws are "shameful, inadequate and archaic," a coalition of animal care workers charged Monday ... more

Jan 08

Hearings on Bill S-203 Animal Cruelty Bill

Two hearings have taken place on this bill which increases penalties for animal abuse without adding any new legal code.  It moves penalties to more sensible levels rather than the levels in the original (late 1800s) legislation.  On the “against” side are the animal welfare and rights groups that want to go farther.  They feel that this bill doesn’t go far enough and that if it gets passed the more extensive (and untested in the courts) C-373 will fall by the wayside. Unedited Hearing minutes (1), Unedited Hearing minutes (2)

Feb 25/07

Two Liberals in dogfight over animal cruelty laws

Feb. 25 2007, Canadian Press, OTTAWA ... Two Liberal colleagues are in a dog fight over two different bills aimed at cracking down on animal cruelty. Senator John Bryden and MP Mark Holland ... more

Feb 22/07

Veterinarians lobby for tough animal cruelty bill

The Calgary Herald ... The Canadian Veterinary Medical Association was cited as saying Wednesday it plans to lobby the federal government to shoot down Bill S-213 in favour of private member's Bill C-373 -- the proposed legislation favoured by 111,000 people who signed a petition started in Didsbury and delivered to the House of Commons this week.

Dr. Warren Skippon, a vet and manager of animal welfare and national issues for the association, was quoted as saying, "The CVMA considers (Bill S-213) to be flawed legislation that dates back to 1892. We consider it archaic."

The groups believe the earlier bill, which returns to the House on Monday for first reading, has several major flaws, including animals still being considered property.

Feb/07

The Bill is scheduled for first reading in the House of Commons on Feb 26, 2007. Some industry groups have encouraged their contacts to voice opposition to Bill S-213, and support Bill C-373 and the stated position of the Canadian Veterinary Medical Association.

Jan/07

Sir James Dunn Animal Welfare Centre, AWC News ... This bill, now called C-373, is the same as the previous legislation, Bill C-50, which died when the Liberal government fell in January 2006. C-373 is different from the Senate bill, S-213. On December 4 in Ottawa, together with CVMA President Dr. Paul Boutet, I had the privilege of making a submission to the Standing Senate Committee on Legal and Constitutional Affairs during its hearings on S-213. Our presentation expressed concerns about serious flaws in S-213, and support for the amendments embodied in C-373. On December 7, Bill S-213 passed third reading in the Senate, and will now go to the House of Commons. - Alice Cook

Oct/06

Liberal MP Mark Holland today introduced as a private member’s bill legislation identical to the former C-50, a bill that died on the Order Paper when the January federal election was called ... more - click here to view Bill C-373

Oct/06

Calgary Sun's Licia Corbella & MP Myron Thompson comment on federal cruelty bill.

Aug/06

Update on Federal Animal Cruelty Bill

The most recent version of the previous Liberal government’s proposed legislation to amend the animal cruelty provisions of the Criminal Code, Bill C-50, was introduced in the House of Commons on May 16, 2005.  It was identical to its predecessor, C-22, except that C-50 had the addition of a non-derogation clause to address Aboriginal concerns that had been raised in the Senate.  Bill C-50 died when the federal election was called in the fall of 2005.

Senator John Bryden introduced a private member’s bill in late April 2006.  This is identical to Bill S-24, which Senator Bryden tabled in February 2005.  It contains the exact wording of the current Criminal Code legislation, enacted in 1892, but with provisions for increased penalties, as in the previous Parliament’s Bill C-50. 

For these reasons, some organizations that supported Bill C-50, including the Canadian Federation of Humane Societies and Canadian Veterinary Medical Association, are not supporting Bill S-213, and are instead calling for the re-introduction of C-50. 

Jun/06

Bill S-213, (a new version of Bill S-24) with amendments to the Criminal Code was reintroduced in the Canadian Senate on April 26, 2006. The second reading of the Bill and associated debate occurred on May 2nd. 

May/06

Hon. Senator John Bryden moved second reading of Bill S-213, to amend the Criminal Code (Cruelty to Animals). Click here to read about the debate.

Nov 24/05 - Latest animal cruelty bill likely doomed again

Western Producer ... The Liberal government last week introduced its fifth version of updated cruelty-to-animals legislation for debate in the House of Commons. But it, like four earlier versions introduced since 1999, will likely die next week without being enacted when the government falls or an election is called... <more>

Nov 16/05 - Shame on animal industry groups

CFHS ... By all accounts, it appears that the current session of Parliament is about to die. Along with it will go Bill C-50, the government’s amendments to the animal cruelty sections of the Criminal Code. As stated in House debate earlier in the week by Paul Macklin, Parliamentary Secretary to the Minister of Justice, “ This legislation has a long and notorious history in Parliament.” ... <more>

Nov/05 - Timeline: How a bill became a 6-year political football

Markholland.ca ... It’s taken nearly six years since the federal government first introduced revisions to the Criminal Code dealing with animal cruelty. Click here for a condensed legislative timeline of why it’s taken so long.

Jun 1/05 - Fifth intro for cruelty bill

Western Producer ... Maybe the fifth time will be the charm for government attempts to update cruelty-to-animal legislation for the first time since 1892. Justice minister Irwin Cotler has become the latest ... <more>

May 16/05 - Minister Cotler says Bill to Protect Animals reflects views of Canadians

Department of Justice Canada ... Irwin Cotler, Minister of Justice and Attorney General of Canada, today introduced legislation in the House of Commons which modernizes and strengthens Canada's animal cruelty laws. "Canadians want legislation to protect against cruelty and contempt for animal well-being and they expect the criminal justice system to treat such behaviour seriously," said Minister Cotler ... <more>

Oct/04

The animal cruelty amendments to the Criminal Code, most recently named Bill C-22, were passed by the House of Commons, May 2004, with support of farmers, researchers, veterinarians and other animal use groups.

The Senate turned it down due to one Senator seeking specific reference to Aboriginal hunting and trapping.

The Bill died due to prorogation, it will be reintroduced, starting from scratch, before Christmas.

May/04 - Animal Cruelty Bill on Hold

The Leader-Post ... Bob Friesen, president of the Canadian Federation of Agriculture, says that farm groups put in extensive work on the bill to toughen Canada's animal-cruelty laws to ensure it would provide protection for both animals and the livestock producers who work with them.

Farm groups lobbied hard for changes to the wording so that farmers would not be vulnerable. Friesen said, "We did get some amendments to the original form of the bill, so we thought we could endorse it in its current form. The problem is, if it falls off the table and we start from scratch again, it's going to be a long time before we get it to where we are now?"

Nov 14/03 - Animal welfare bill dies in Senate

Western Producer ... The latest attempt by the federal government to update 111-year-old cruelty-to-animals legislation ended last week when the Senate refused to bring the legislation to a vote.

The bill is dead. The majority voted to send the bill for a third time to a Senate committee for study.

Nov 12/03 - Death of Bill C-10B largely unlamented

Western Producer ... Controversial Bill C-10B, an act to amend cruelty to animals legislation under the Criminal Code, is dead.

It was a casualty in a game of chicken between the House of Commons and the Senate and it will not be greatly mourned by farmers and ranchers. Last week the bill was sent to a Senate committee and is not expected to emerge from those recesses in time for Parliament to deal with it before adjournment. <more>

Jun/03

Western Producer ... Parliaments attempt to modernize cruelty-to-animal laws has hit another roadblock as the Senate and the House of Commons continue their long-running stalemate over details of the bill. On June 19 before adjourning for the summer, the Senate sent back to the Commons an amended version of the bill that MPs had already rejected. <more>

May 21/03 - THE STANDING SENATE COMMITTEE ON LEGAL & CONSTITUTIONAL AFFAIRS

Clause by Clause Review of Bill C-10B
An Act to amend the Criminal Code (cruelty to animals)
OTTAWA, May 14 & 15, 2003
<more>

May 5/03 - Government may blink on animal cruelty bill

Vancouver Sun ... The Liberal government has signaled it will accept amendments to animal cruelty legislation following allegations the bill will criminalize Canadians who boil lobsters or fish with live bait. Liberal Senator Mobina Jaffer said ... <more>

Mar/03 - Study of Bill C-10B wraps up in the Senate Legal and Constitutional Affairs Committee

Since last December, the Senators of this Committee have heard from dozens of organizations or individuals who supported the bill, or who expressed major concerns with the new legislation.

Farming and hunting groups, associations representing Aboriginal, Jewish and Islamic Canadians, and defense lawyers have been among the most outspoken opponents to the bill as it stands. Much of the debate surrounds the legal question of available defenses against charges for animal cruelty offenses; the rights of Aboriginal Canadians; and the definition of “animal” as it appears in the new Bill.

Nov 28/02

In a rare step on November 21, the Senate Standing Committee on Legal & Constitutional Affairs decided to divide Bill C-10 into 2 separate pieces of legislation:

  • Cruelty to Animals; and
  • Firearms Act.

Bill C-10 with changes noted

The Legal and Constitutional Affairs Committee has been meeting to address Bill C-10, An Act to amend the Criminal Code (cruelty to animals).

Click on the following links to view the Proceeding of the Standing Senate Committee on Legal and Constitutional Affairs (pdf* files) - presenters noted:

2003

  • February 27 - Misalliance,and Mr. Mosley, Department of Justice
  • February 26 - Seth Weinstein from the Canadian Council of Criminal Defence Lawyers; Ronald Sklar, law professor from McGill University; Gerald Chipeur, constitutional law practitioner; Ruth Sullivan, statutory interpretation expert from the University of Ottawa; and Gary Trotter, a law professor from Queen's University.
  • February 13 - REAL Women of Canada and the Campaign Life Coalition
  • February 12 - Inuit Tapiriit Kanatami and Drs. Alexander Livingston and Shelley Adamo - experts who elaborated on the issue of pain experienced by animals.
  • February 5 - Poultry Welfare Coalition and the Ontario Federation of Anglers and Hunters.

2002

  • December 4 - Department of Justice officials (criminal law policy). Canadian Cervid Council, the Canadian Federation of Agriculture and the AFAC.

THERE ARE MANY VARYING POSITIONS REGARDING BILL C-10B.

For example:

  1. Canadian Veterinarian Medical Association (CVMA) considers one of its priorities "Pro-active support of Bill C10 - an act to amend the Criminal Code to Animals." CVMA Animal Welfare. AVMA, the provincial body of CVMA is on the board of AFAC.
  2. Western Stock Growers' Association (WSGA), also a member of AFAC believes "this Bill if passed the way it currently reads, could seriously and irreparably impact the entire agricultural industry...". Click here for a copy (pdf*) of WSGA's Mar 7/03 letter to the Senate committee.
  3. Click here for a letter in support of Bill C-10B, signed by leaders in animal welfare from the CVMA, the University of Prince Edward Island, and the University of Guelph.
  4. Click here for AFAC's letter (Nov/02) to the Chair of the Senate Standing Committee Legal and Constitutional Affairs.

October 2002

Bill C-15B was re-introduced into Parliament by Justice Minister Martin Cauchon on October 10, 2002 and is now called Bill C-10. It was scheduled for 1st Reading in the Senate October 11. The bill will be referred to the Senate Legal and Constitutional Affairs some time during the week of October 21.

March 2001

Click here Briefing Notes to Members of Parliament

top