Legal Issues

  • Abandoning in distress: The definition of abandoning in distress under s.446(1)(b)
  • Common defenses (more specific issues may be listed, as follows)
    • Color of right
    • Legal excuse
    • Legal justification
    • Mistake of fact
  • Encourage/Aid/Assist: The definition of encourage, aid or assist under s.445.1(1)(b)
  • Lawful purpose: The definition of animals kept for a lawful purpose under s.445(1)(a)
  • Maim/Wound/Injure: The definition of kills, maims, wounds or injures under s.444(1)(a) and s.445(1)(a)
  • Unnecessary: The definition of unnecessary in s.445.1(1)(a)
  • Ownership/Care/Control: The definition of owner and custody and control under s. 445(1)(a) and (c), and s.446(1)(b)
  • Procedure (more specific issues may be listed, as follows)
    • Charges: How crown charges for acts or omissions related to animals under the criminal code (indictment vs. summary, charge per animal vs. 1 charge and asking for higher sentence due to # of animals etc.)
    • Pre-trial disposition of animals: Under s.490.01, for example
    • S.8 Charter: unreasonable search and seizure
    • Warrantless seizures: exigent circumstances
    • Warrantless entry/searches
  • Provincial case  (more specific issues may be listed, as follows)
    • Adequate (providing adequate care)
    • Costs
    • Disposition of Animals
    • Distress
    • Due diligence
    • Exemptions
    • Pre-trial disposition
    • Procedure
    • Sentencing
  • Sentencing:  for animal cruelty offences (more specific issues may be listed, as follows)
    • Fines
    • Imprisonment
    • Prohibition orders
    • Restitution orders
  • Suffering:  The definition of suffering in s.445.1(1)(a)
  • Suitable Care:  The definition of suitable and adequate care under s.446(1)(b)
  • Wilfulness: The mens rea standard