Animal Legislation 101

- By Lorraine Houston


For many of us, understanding animal protection laws can be over-whelming and confusing. The laws are created at different levels of government; municipal by-laws that vary from city to town to village, the provincial Ontario Society for the Prevention of Cruelty to Animals Act, the federal Criminal Code of Canada, and legislation being introduced at all levels– but what does it all mean? All you want to do is help animals and make sure there are strong laws that protect them and keep them safe and cared for. Who do you contact and how do you ensure that your opinions and concerns land upon the right ears? Feeling frustrated, you think that it would be nice if there were someone with the facts and ability to guide you through the process and help make sense of things – after all, this is for the animals and giving up is not an option.

We asked Hugh Coghill, a 30-year plus veteran with the Ontario SPCA to shed some light on our dilemma. Before we begin our enlightenment session, let me just say there isn’t much this man hasn’t done in the animal world – he’s worked on farms, at zoos, in shelters; both in inspector and management capacities and currently holds the title of Ontario SPCA Chief Inspector. To say he is a wealth of knowledge is an understatement.

“People vote for three levels of government – municipal, provincial and federal”, said Hugh, adding “Where it can become confusing is when people want to address an animal issue and are not sure which level of government to contact.”

Here’s how it breaks down. Each municipality has animal related by-laws that apply specifically to that town, city or region. Municipal by-laws can vary from one town to the next; for example, Toronto, Oshawa and Mississauga all have their own municipal animal-related by-laws. Municipalities generally budget for, manage and enforce their own animal by-laws. Most animal by-laws deal with licensing, animal control, stoop and scoop, with limited welfare components to them. Provincial legislation is created by and specific to that particular province and the people who live in it. Federal laws, like the Criminal Code of Canada, are applicable to every person in every corner of Canada.

“In the province of Ontario, we have the Ontario SPCA Act that gives us the power to conduct cruelty investigations and educate the public on caring and providing for their animals. If they can’t, won’t or don’t provide care for their animals, we can issue an order to relieve distress. If the order is not complied with we can, under certain circumstances, remove the animal. However, there is very little opportunity under provincial legislation to prosecute an offender who has abused or neglected their animal. In those cases, we have to go to the Criminal Code of Canada to prosecute”, explains Hugh.

This is often when Hugh and his team of 32 inspectors and 144 agents run into challenges. The sections under the Criminal Code of Canada that address animal cruelty were written in the late 1800’s and there have been very few changes since that time. Historically, we can see that laws written then made good sense for Canadians and their animals, but that was over a century ago. “The Canada of 1892 was a whole lot different than the Canada of 2008. By way of example, it is an indictable offence to kill a man’s horse, pig, sheep or cow because at that time, human existence depended heavily on those animals for transportation, food and clothing. However, while dogs, cats and other pets have some protection under the Criminal Code of Canada, clearly this piece of legislation has not kept up with societal values that reflect the emotional attachment that Canadians have with their pets. The majority of Canadians think of their pet as part of their family, and we need laws that offer these animals better protection”, Hugh said.

Recently, there were two Bills (proposed legislation) in front of the federal Parliament that would have updated the animal sections of the Criminal Code; a Senate Bill S-203 and MP Mark Holland’s Private Members Bill C-373. Both Bills would increase penalties and take animal offences from summary to indictable convictions; however, Bill S-203 does not change important wording that makes it difficult to prosecute cases of neglect, does not address training animals for fighting, permits killing stray or wild animals for no particular reason, doesn’t make it a crime to kill animals brutally or viciously, considers animal cruelty a property offence, and does not offer special protection for law enforcement animals. The Canadian Federation of Humane Societies says that Bill C-373 would essentially fix all the issues that Bill S-203 doesn’t, and cites C-373 as virtually identical to one that came close to being passed in 2003 when it was supported unanimously by the House of Commons. Bill C-373 would close the legal loopholes that currently exist in the Criminal Code and would remain under S-203.

When asked about these federal proposals, Hugh said that despite Bill C- 373 being the more comprehensive legislation, it is a Private Members Bill which unfortunately does not carry as much priority or leverage as a Senate Bill. In short, Bill S-203 will likely pass through Parliament and result in a host of new hurdles for Ontario SPCA inspectors and agents.

Hugh stated, “Every other province in Canada has identified the shortcomings of the Criminal Code of Canada and has made improvements to their provincial legislation to protect animals. Ontario has not yet done this. The Ontario SPCA Act was passed in 1919 with an update added in 1955 and some housekeeping clauses revised in 1968; there were amendments in 2002 that specifically dealt with dogs and cats that were being bred for sale - an attempt to deal with puppy and kitten mills in Ontario. Since then there have been no substantive changes. Cases like ‘AK’, a mixed breed dog who allegedly had both ears cut off by his owner made headline news in the spring of 2007 and brought to light our province’s antiquated laws. When Ontarians realized the severest penalty for the accused under the Criminal Code, was 6 months in jail and/or a $2,000 fine, and up to two years prohibited from owning animals, they were outraged. Calls for change came from all corners of Ontario to the McGuinty government.”

Another cruelty case involving a kangaroo named Tyson who was allegedly languishing in substandard conditions in western Ontario also put the spotlight on our outdated legislation. Hugh recalls “Last year we received a call from the Australian government asking why we were not taking action to help Tyson. In spite of our best efforts we were unable to obtain a search warrant because the information which led us to this investigation was too old to use as grounds to get a search warrant. Currently, Ontario has over 60 wildlife exhibits (which are not illegal), more than all other provinces combined. There is no law in Ontario that says you can’t go and get a tiger and set up an exhibit with photo opportunities. So in other words, it’s legal in this province to have a tiger but not a pit bull.”

Are changes coming, you may ask? “The Ontario government has assured us there will be changes made to the Ontario SPCA Act. We have been told that when it comes to animal welfare legislation they want to go from ‘worst to first,” said Hugh. “When the Legislature resumes in mid-March, we hope that animal welfare in this province will be a government priority”.

As you can see, both federal and provincial animal protection legislation are long overdue for updates; in the case of the Criminal Code of Canada, it’s been over a century since changes have been made. Even when Bill S- 203 is passed, it will still fall short. Ontario has the worst animal-related laws in the country – something many Ontarians may not realize. In closing Hugh said “I have been waiting my entire career for changes to be made to the Ontario SPCA Act; hopefully, they are close.”

To make sure the animals are not forgotten:

• Contact your Member of Provincial Parliament and let them know you want to see action this term. The animals of Ontario deserve the highest level of safety and protection, and that means new animal protection legislation. They have waited long enough.

• Keep current with all levels of government re animal by-laws and legislation; municipal, provincial and federal. Voice your opinions and concerns – remember, the animals don’t have a voice, you do.

• Be an informed voter - before you cast a vote ask the candidate in your riding (all levels) for their views on animal related issues.

• Report suspected cases of animal cruelty, neglect or abuse (1-888-668-7722)

Lorraine Houston is a feature writer for Dogs, Dogs, Dogs! and an evaluator for Therapeutic Paws of Canada and St. John Ambulance Therapy Dogs. She is a member of the Etobicoke Humane Society’s dog adoption team and the director of Speaking of Dogs, an organization devoted to education, outreach and rescue. A Maxwell Award winner from Dog Writers Assoc. of America, Lorraine lives in Don Mills with her husband, two sons and family dogs. She may be contacted at lhh4dogs@rogers.com or through www.speakingofdogs.com