Any substantive changes in this Legislative Summary that have been made since the preceding issue are indicated in bold print.
Bill C-35, An Act to amend the Criminal Code (law enforcement animals, military animals and service animals) (short title: Justice for Animals in Service Act [Quanto’s Law]), was introduced by the Minister of Justice and passed first reading in the House of Commons on 12 May 2014. According to a statement from the Office of the Prime Minister, “The legislation honours Quanto, a police dog who was stabbed to death while helping to apprehend a fleeing suspect in Edmonton, Alberta, in October 2013. Quanto had four years of decorated service and had participated in more than 100 arrests.”1
Bill C-35 creates a new offence, criminalizing the act of killing or injuring a law enforcement animal, military animal or service animal.
Currently, an offence is committed under sections 444 and 445 of the Criminal Code2(Code) when someone wilfully kills, maims, wounds, poisons or injures cattle3 or when someone kills, maims, wounds, poisons or injures a domestic animal wilfully and without lawful excuse. Section 429(2) of the Code provides a defence, stating, “No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.”
There are also a number of provisions that address cruelty to animals, including section 445.1 of the Code, which establishes that it is an offence to cause unnecessary suffering to an animal.
Clause 3 creates new section 445.01(1) of the Code, which establishes that it is an offence to wilfully and without lawful excuse kill, maim, wound, poison or injure:
In the context of law enforcement, the bill criminalizes the act of killing or injuring specifically a dog or horse that aids law enforcement officers. However, all animals that serve as military animals and service animals are covered (see definitions below).
The bill defines the following terms in new section 445.01(4) of the Code for the purpose of the new offence outlined in new section 445.01(1):
New section 445.01(2) of the Code provides that the offence of killing or injuring certain animals under new section 445.01(1) of the Code is a hybrid offence, which means that the prosecutor may choose to proceed by indictment or by summary conviction.
An indictable offence is punishable by imprisonment for a maximum of five years. A minimum punishment of imprisonment for a term of six months takes effect only if a law enforcement animal is killed. There is no minimum punishment of imprisonment if a military animal or a service animal is killed.
A summary conviction offence is punishable by a maximum fine of $10,000 or by imprisonment for a maximum term of 18 months, or both. These punishments on summary conviction apply to offences committed against all types of service animals, not just law enforcement animals.
In addition, under new section 445.01(3), if a law enforcement animal is injured or killed, the sentence imposed for this offence is to be served consecutively to any other punishment imposed on the person for an offence arising from the same event or series of events.
Currently, the Code provides for various offences committed against a peace officer, such as assault or aggravated assault under sections 270 and 270.02, and assault with a deadly weapon or assault causing bodily harm under section 270.01(1).
Clause 2 of Bill C-35 creates new section 270.03 of the Code, which establishes that, if the abovementioned offences are committed against a law enforcement officer, the sentence imposed 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.
Currently, section 718.02 of the Code12 provides that, when a sentence is imposed for serious offences against a peace officer or intimidation of a justice system participant, the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence in order to denounce and deter the illegal act and to prevent the offending behaviour from being repeated.13 Similarly, clause 4 of the bill creates new section 718.03 of the Code, which provides that these same considerations must be given when a law enforcement animal, military animal or service animal is injured or killed under new section 445.01.
* Notice: For clarity of exposition, the legislative proposals set out in the bill described in this Legislative Summary are stated as if they had already been adopted or were in force. It is important to note, however, that bills may be amended during their consideration by the House of Commons and Senate, and have no force or effect unless and until they are passed by both houses of Parliament, receive Royal Assent, and come into force. [ Return to text ]
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