Canadian Criminal Sentencing/Offences/Animal Cruelty

Overview
There are three types of offences against animals generally. There is offences for killing and harming animals (445), torturing animals (445.1), and neglecting animals (446).

Proof of the Offences
In addition to the essential elements of time, location, and identity, the Crown should also prove the following for each offence:

Ancillary Orders

 * s. 447.1 Order prohibiting the ownership of animals
 * s. 447.1 order accused to pay restitution for care of animal resulting from offence

Case Digests

 * R. v. Tremblay, 2012 BCPC 410 (CanLII) - 6 month - "continued to strike [animal] repeatedly with a hammer over a period of more than an hour, ignoring [the animal's] cries of pain"
 * R. v. Fawcett, 2012 BCPC 421 (CanLII) - fine and probation - unnecessary suffering to 9 dogs
 * R. v. Munroe, 2010 ONCJ 226 (CanLII) - 12 months -
 * R. v. Power, 2003 CanLII 20379 (ON CA), (2003) 176 C.C.C. (3d) 209 -