Cruelty to Animals Legislation




Criminal Code of Canada

On March 14, 2001 the Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, introduced a bill that includes amendments to the sections of the criminal code that deal with cruelty to animals. The Canadian Federation of Humane Societies has urged such changes for twenty years now.

Read the text of Minister McLellan's news release.

Sections 444 to 447 of the current Criminal Code of Canada deal with cruelty to animals. These sections 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. Here is the main part of it.

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.