Animals | NCPAC Case Law Database

Glossary

Offences

Killing: Results in death of animal

Abuse: Positive act of harm that does not lead to death

Neglect: A negative act of ignoring the animal or failing to meet its needs, that is not better classed as abandonment or hoarding

Abandonment: Self-explanatory; the animal has been abandoned completely

Poison: Self-explanatory; the animal has been poisoned. There is a specific provision in the Code

Hoarding: Self-explanatory; large numbers of animals are kept under inadequate conditions

Dog Fighting: The act of encouraging aiding or assisting in the baiting or fighting of dogs (or dogs with any other animals); generally dealt with under s.445.1(1)(b)

Cock Fighting: Encouraging aiding or assisting in the fighting of cocks; generally dealt with under s.445.1(1)(b)

Other: Doesn't fit under above categories or is unknown

Animals

Bird: pigeon, dove, cockatiel, parrot, budgie, finch, etc.
Cat: cat, kitten
Cattle: cow, calf, bull (may cover other large farm animals when species not mentioned in case)
Dog: dog, puppy
Donkey: donkey, mule, ass
Exotic: tiger, elephant, lion, llama etc.
Fish: self explanatory
Fowl: chicken, goose, turkey, hen, rooster, duck, etc.
Goat: self explanatory
Horse: horse, pony, mare
Pig: pig, sow, piglet, boar, etc.
Primate: chimpanzee, gorilla, bonobo, etc.
Rabbit: rabbit, bunny, hare
Reptile: snake, lizard, turtle, etc.
Rodent: mouse, rat, gerbil, hamster, chinchilla, etc.
Sheep: self explanatory
Water mammal: dolphin, whale, seal, walrus, etc.
Wildlife (local): squirrel, racoon, groundhog, deer, beaver, fox, skunk, etc.
Other: All other animals that do not fit under the above categories

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