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Ontario|Animals and the LawAnimals and the Law 456 Neglected pets & cruelty to animalsIf you discover that an animal is being neglected or is being treated cruelly, you have at least 3 ways to help.
- 1. Check your local by-laws
- These by-laws may provide minimal requirements for the care of companion animals. The types of companion animals or pets that are covered will be listed in the by-laws. The types of animals may, therefore, vary depending on which municipality you are in.
Some typical by-law requirements include things such as:
1. the need to provide proper care and attention to the animal's needs,
2. the need to ensure fresh water is available at all times,
3. the minimum or maximum length of lead animals must be on, and
4. the requirement for shelter from the weather.
To find out what by-laws are in place in your community, telephone your local animal control office. If you do not know how to reach your local animal control office, contact your municipal government office and they will direct you.
- Authority of local government offices to act under By-laws
- If there are local by-laws in place and you feel that they have been violated, you should bring this to the attention of your local animal control office. Their officers will have certain powers under the by-law. Some of these powers may include the power to warn the offender to stop engaging in the behaviour, and the power to charge them for violating the by-law. If the individual is charged, the Provincial Offences Act applies. The case will be heard by a Justice of the Peace. If the individual is found guilty, the Justice of the Peace can order the person to pay a fine, or to be imprisoned.
- 2. Contact the OSPCA commonly known as the Humane Society
- The Humane Society is authorized to take action to protect animals in "distress". Animals in "distress" include those:
1. that are in need of proper care, water, food or shelter,
2. that are injured, sick, in pain, suffering, being abused, or
3. that are subject to undue or unnecessary hardship, privation or neglect.
The Humane Society can issue orders requiring the animal's owner to take the necessary action to remedy the problem. In some cases, they can remove the animal from the situation and provide the care that is needed.
When contacting the Humane Society to make your complaint, you may be asked to give a verbal or written account of the occurrence. It is useful to keep a detailed record of what you saw or heard and when it happened.
- 3. Contact the Police
- Every Canadian resident has the right to have an individual or company criminally prosecuted under the Criminal Code for cruelty to animals. The Criminal Code gives the police and the Humane Society the authority to investigate complaints regarding cruelty to animals and to lay charges where appropriate. The police are not always familiar with this part of the Criminal Code but you are entitled to make your complaint and have them investigate it.
- What is cruelty to animals under the Criminal Code?
- The Criminal Code sets out 8 different Cruelty to Animals offences. The most common 3 offences are:
1. The offence of willfully causing or permitting unnecessary pain, suffering or injury to an animal or bird,
2. Owning or having custody or control of an animal, and abandoning the animal in distress, or willfully neglecting or failing to provide suitable and adequate food, water, shelter and care, and
3. Participating in the "fighting" or "baiting" of animals.
- Punishment
- Depending on how serious the charge is, the owner may have to pay a fine, go to jail, or be prohibited from owning any animals for a period of up to 2 years.
- If the police or Humane Society will not help
- If the police or local humane society is not helpful in prosecuting a cruelty charge, any member of the public can attend before a Justice of the Peace and initiate the laying of a charge. The individual will attend at the office of the Justice of the Peace and swear an "information". An information is simply a legal document that contains the details of the offence and then chronicles the progress of the case through the Provincial Court.
When you meet with the Justice of the Peace, you will have to explain what happened and swear an oath that you have good reason to believe that a criminal offence has been committed. If the Justice of the Peace is satisfied that an offence was committed, he or she will issue a summons, which is a document that orders the person or company you accused to come to court on a certain day.
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