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The Laws
Cruelty to Animals Bill
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Apr 10, 2008 ... My name is Susan Church, I manage the Alberta Farm Animal Care Association on behalf of Alberta’s livestock industry. I believe it is important for your listeners to understand and be assured that in Alberta we have a very effective Animal Protection Act (APA) and regulations. This Act gives the Alberta government legislative authority for the protection of animals. It is the Act most frequently used to prosecute those who have neglected or abused animals in Alberta. For example, those responsible for starving the horses in Alberta are being charged under the APA, not the federal Criminal Code.
The APA states ‘no person shall cause an animal to be in distress’. An animal is in distress if it is ‘(a) deprived of adequate shelter, ventilation, space, food, water or veterinary care or reasonable protection from injurious heat or cold, (b) injured, sick, in pain or suffering, or (c) abused or subjected to undue hardship, privation or neglect’. With this provincial statute, willful intent does not need to be proven in order to get a conviction, thus making it easier to prosecute those who neglect or abuse animals. The penalties include fines to a maximum of $20,000 and prohibition from owning animals.
The APA is enforced by the Alberta SPCA (www.albertaspca.org), Calgary Humane Society, Edmonton SPCA Peace Officers and the RCMP. The APA has a new clause that puts onus on an owner or person-in-charge to ensure proper care. If proper care is not provided, peace officers are allowed to take action to correct the situation. In the past, the officers had to wait until the animal was distressed even though given conditions would over time, result in death or rapid deterioration of the animal.
Sections 444 through 4447 (Cruelty to Animals) of the Criminal Code of Canada was recently amended to allow for increased fines, longer prison terms and the ability to order those convicted to pay the costs of providing treatment to the animals they harmed. The Criminal Code of Canada has rarely been used in Alberta animal welfare cases, and only for cases that involved criminal intent to harm.
Some provinces do not have provincial animal protection legislation and must rely on the federal Criminal Code to prosecute animal cruelty cases. If they did have effective legislation like Alberta, Saskatchewan, Manitoba and BC, with tough penalties and ease to proceed, they would be able to be more effective in ensuring animals are relieved of distress and those responsible for neglect or abuse are charged.
Alberta’s livestock industry is committed to high standards of animal care and stands behind the Animal Protection Act. We provided guidance and recommendations at all stages of the drafting of revisions and additions. The industry does not tolerate animal neglect or abuse. It supports having strong, effective animal protection legislation in place.
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