Tuer ou blesser des animaux (jurisprudence des peines)

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Offence Wording

Injuring or endangering other animals

445 (1) Every one commits an offence who, wilfully and without lawful excuse,

(a) kills, maims, wounds, poisons or injures dogs, birds or animals that are kept for a lawful purpose; or

(b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are kept for a lawful purpose.

Punishment

(2) Every one who commits an offence under subsection (1) [[ [Tuer ou bénir des animaux (infraction) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

R.S., 1985, c. C-46, s. 445; 2008, c. 12, s. 1; 2018, c. 29, s. 53; 2019, c. 25, s. 170.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Killing or injuring certain animals

445.01 (1) Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer’s duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member’s duties or a service animal.

Punishment

(2) Every one who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years and, if a law enforcement animal is killed in the commission of the offence, to a minimum punishment of imprisonment for a term of six months; or

(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

Sentences to be served consecutively

(3) A sentence imposed on a person for an offence under subsection (1) committed against a law enforcement animal shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

[omis (4)]
2015, c. 34, s. 3; 2019, c. 25, s. 171.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)]

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Cruelty to Animals

Causing unnecessary suffering

445.1 (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 a bird;

(b) in any manner encourages, aids, promotes, arranges, assists at, receives money for or takes part in

(i) the fighting or baiting of animals or birds, or

(ii) the training, transporting or breeding of animals or birds for the purposes of subparagraph (i);

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

(d) 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

(e) 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 (d).

Punishment

(2) Every one who commits an offence under subsection (1) [causing unnecessary suffering – forms of offense] is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

Failure to exercise reasonable care as evidence

(3) For the purposes of proceedings under paragraph (1)(a) [causer des souffrances inutiles – douleur, souffrance ou blessure], evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering or injury was caused or was permitted to be caused wilfully, as the case may be.

Presence at baiting as evidence

(4) For the purpose of proceedings under paragraph (1)(b) , evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he or she encouraged, aided or assisted at the fighting or baiting.

2008, c. 12, s. 1; 2019, c. 17, s. 2; 2019, c. 25, s. 172.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Definition of cetacean

445.2 (1) In this section, cetacean includes any member of the cetacean order, including a whale, dolphin or porpoise.

Offence

(2) Subject to subsections (2.1) to (3.1) , every person commits an offence who

(a) owns, has the custody of or controls a cetacean that is kept in captivity;

(b) breeds or impregnates a cetacean; or

(c) possesses or seeks to obtain reproductive materials of cetaceans, including sperm or an embryo.

Exception — gestation

(2.1) If a cetacean is gestating on the day on which this subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force.

Exception — offspring

(2.2) Paragraph (2)(a) does not apply to the offspring of a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force.

Exception

(3) Paragraph (2)(a) [garder un cétacé en captivité] does not apply to a person who

(a) owns, has the custody of or controls a cetacean that is kept in captivity at the coming into force of this section and remains continuously in captivity thereafter;

(b) has the custody of or controls a cetacean that is kept in captivity for the purpose of providing it with assistance or care or to rehabilitate it following an injury or another state of distress; or

(c) is authorized to keep a cetacean in captivity in the best interests of the cetacean’s welfare pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.

Exception

(3.1) Subsection (2) does not apply to a person who is conducting scientific research pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.

Exception — authorization

(4) Every person commits an offence who 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 cetaceans are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council.

Punishment

(5) Every one who commits an offence under subsection (2) or (4) [exception lorsque autorisée] is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $200,000.

2019, c. 11, s. 2; 2019, c. 14, s. 58.3.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Causing damage or injury

446 (1) Every one commits an offence who

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

(b) being the owner or the person having the 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.

Punishment

(2) Every one who commits an offence under subsection (1) [négligence volontaire causant des blessures] is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or

(b) an offence punishable on summary conviction.

[omis (3)]
R.S., 1985, c. C-46, s. 446; 2008, c. 12, s. 1; 2019, c. 25, s. 173.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
2023
R v Trithart, 2023 ABCJ 197 (CanLII), par Achtymichuk J	AB	PC		Trouver des résumés de cas.
2022
R v Ehbrecht, 2022 ABPC 141 (CanLII), par J	AB	PC		Trouver des résumés de cas.
2021
R v Chen, 2021 ABCA 382 (CanLII), par curiam	AB	CA		Trouver des résumés de cas.
R v Huston, 2021 ABPC 108 (CanLII), par Brown J	AB	PC	12 months CSO	"In Huston, the 65 year old offender with no record killed his cat by hitting it three times with a baseball bat, after which he put it in a garbage bag. He kept beating the cat after a neighbour told him to stop. He was remorseful. His references said this was out of character. The Court held there was no need for specific deterrence due to social media reactions from other tenants in his building. The Court held that the cases it reviewed suggested a sentencing range of six to nine months in those circumstances. The sentence was a 12 month CSO plus 18 months probation. The Court distinguished other cases rejecting a CSO because they had elements of protracted abuse, torture, remorselessness, domestic violence and other aggravating factors not present in Huston." Trouver des résumés de cas.
2020
R v Miller, 2020 ABPC 92 (CanLII), par Semenuk J	AB	PC	12 mois d'emprisonnement Modèle:PlusYP	"the accused’s girlfriend M advised by text that she wanted to end their relationship. The accused who was at home with a kitten that belonged to M, hit the cat multiple times in the head and threw the kitten to the floor. The abuse of the cat was videotaped, and the video was sent to M. After pleas from his girlfriend, the accused eventually took the cat to a veterinarian clinic where it had to be euthanized. The accused suffered from bi-polar disorder, severe mood instability, depression, anxiety and suffered from a serious impairment in social, emotional, and academic functioning since early childhood. The court found there was no evidence that any mental disorder contributed to the commission of the offence or that the effect of imprisonment would be disproportionately severe because of the accused’s mental disorders. The Court imposed a 12 month jail sentence followed by two years probation." Trouver des résumés de cas.
R v Reykdal, 2020 NBCA 13 (CanLII), par Green JA	NB	CA		"involved the unlawful killing of an animal in an intimate partner context. The offender, a 21-year-old university student, was bitten by his girlfriend’s cat. He killed the cat in retaliation. At first, he attempted to deceive his girlfriend about what had occurred, but later confessed when the police investigated: see paras. 3-5. He was found guilty of killing an animal without lawful excuse contrary to Criminal Code section 445. The Court of Appeal held that animal cruelty is a “serious issue” and upheld a sentence of 4 months jail, and a five year prohibition on owning any animal pursuant to Criminal Code section 447.1: see paras. 30 and 46. There were no allegations of intimate partner violence." Trouver des résumés de cas.
2017
R v Kennedy, 2017 ONSC 817 (CanLII), par PhillipsJ	ON	SC	9 mois d'emprisonnement	"the offender resided on the 10th floor of an apartment building. He had visitors over, including an eight-year-old girl, who loved to play with his pet rabbit. In a moment of anger, he took hold of the rabbit, dangled it over the end of the balcony for 3-4 seconds, and then dropped it causing its death. He was convicted of cruelty to animals contrary to Criminal Code section 445.1. His sentence of 9 months jail was upheld on appeal: see para. 14." Trouver des résumés de cas.
2015
R v Camardi, 2015 ABPC 65 (CanLII), par Gaschler J	AB	PC	22 mois d'emprisonnement	The offender abused and tortured his Siberian Husky over several months until the dog died. The offender also abused a cat. The offender had a prior record for violence and was assessed as being a high risk to re-offend. "the accused who was 19 years old, pled guilty to two counts of animal cruelty. The accused had a troubled childhood. He began using alcohol and drugs at an early age. By 17 he was selling drugs to support himself. He had a criminal record including convictions for violent offences and was assessed at a very high risk for future criminal behaviour and a high risk for future violence. He subjected a dog and a cat to gratuitous unprovoked violence. The dog was tethered with his front feet off of the ground and was subject to mistreatment over a period of several months. The dog died of starvation and dehydration. The cat was placed in a plastic bag and thrown against the floor. Both animals had their muzzles taped closed. The accused was on probation at the time of the offences. The Crown sought a sentence of two and a half to three years incarceration. The court imposed a 22-month sentence, followed by three years of probation, noting that there was a rehabilitative requirement in determining a fit sentence for a very troubled and severely addicted young man." Trouver des résumés de cas.
R v Alcorn, 2015 ABCA 182 (CanLII), par J	AB	CA		"the accused pled guilty to animal cruelty, assault, and a breach of recognizance. A cat was acquired a few days before the offence. A tarp was laid down in a garage. The cat was strung up and cut and allowed to bleed to death while the accused and his female partner had sexual intercourse underneath. The accused admitted he found the suffering and death of the cat to be sexually arousing. The Court of Appeal upheld the sentencing judge’s imposition of a 22-month sentence for animal cruelty finding the accused’s motive of self-gratification, the sadism involved, and the degree of premeditation and planning called for a denunciatory and deterrent sentence. The 2008 amendments to the Criminal Code permitting the Crown to proceed by indictment was a recognition by Parliament and a direction to the Court that cruelty to animals is incompatible with a civilized society (see paragraph 42)." Trouver des résumés de cas.
2013
R v Habermehl, 2013 ABPC 192 (CanLII), par Fraser J	AB	PC	90 days imprisonment	The offender assaulted the family cat after being frustrated by the cat's behaviour. The cat was euthanized due to injuries. Trouver des résumés de cas.
2012
R v Tremblay, 2012 BCPC 410 (CanLII), par Gouge J	BC	PC	6 month	"continued to strike [animal] repeatedly with a hammer over a period of more than an hour, ignoring [the animal's] cries of pain" Trouver des résumés de cas.
R v Fawcett, 2012 BCPC 421 (CanLII), par Merrick J	BC	PC	fine and probation	unnecessary suffering to 9 dogs Trouver des résumés de cas.
R v Rodgers, 2012 ONCJ 808 (CanLII), par Brown J	ON	PC		Trouver des résumés de cas.
2011
R v Connors, 2011 BCPC 24 (CanLII), par Quantz J	BC	PC	6 mois d'emprisonnement and probation	The offender was took care of a friend's dog. The dog was sick and poorly trained and so defecated in the offender's house. The offender as intoxicated and angry and assaulted the dog. The dog died of broken ribs and other injuries from blunt force trauma. Trouver des résumés de cas.
2010
R v Munroe, 2010 ONCJ 226 (CanLII), par ODonnell J	ON	PC	12 mois d'emprisonnement	The offender tortured and harmed his girlfriend's dog over a month. The dog died due to injuries. Probation was also ordered. Trouver des résumés de cas.
2003
R v Power, 2003 CanLII 20379 (ON CA), 176 CCC (3d) 209, par Doherty JA	ON	CA		Trouver des résumés de cas.