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Motion No. 3 — March 7, 2008 — — That Bill , in Clause 1, be amended by replacing from line 4 on page 1 to line 6 on page 5 with the following: |
“1. The heading before section 444 and sections 444 to 447 of the Criminal Code are replaced by the following: |
Cruelty to Animals |
444. In sections 444 to 447.3, “animal” means a vertebrate, other than a human being. |
445. (1) Every one commits an offence who, wilfully or recklessly, |
(a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal; |
(b) kills an animal or, being the owner, permits an animal to be killed with brutal or vicious intent regardless of whether the animal dies immediately; |
(c) kills an animal without lawful excuse; |
(d) without lawful excuse, poisons an animal, places poison in such a position that it may easily be consumed by an animal, administers an injurious drug or substance to an animal or, being the owner, permits anyone to do any of those things; |
(e) in any manner encourages, promotes, arranges, assists in or receives money for the fighting or baiting of animals, including training an animal to fight another animal; |
(f) makes, maintains, keeps or allows to be made, maintained or kept a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies; |
(g) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive animals are liberated by hand, trap, contrivance or any other means for the purpose of being shot at the moment they are liberated; or |
(h) being the owner, occupier or person in charge of any premises, permits the premises or any part of the premises to be used in the course of an activity referred to in paragraph (e) or (g). |
(2) Every one who commits an offence under subsection (1) is guilty of |
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or |
(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or imprisonment for a term of not more than eighteen months or to both. |
446. (1) Every one commits an offence who |
(a) negligently causes unnecessary pain, suffering or injury to an animal; |
(b) being the owner, or the person having the custody or control of an animal, wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter and care for it; or |
(c) negligently injures an animal while it is being conveyed. |
(2) For the purposes of subsection (1), “negligently” means departing markedly from the standard of care that a reasonable person would use. |
(3) Every one who commits an offence under subsection (1) is guilty of |
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or |
(b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or imprisonment for a term of not more than six months, or to both. |
447. (1) The court may, in addition to any other sentence that it may impose under subsection 445(2) or 446(3), |
(a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal for any period that the court considers appropriate, and in the case of a second or subsequent offence, for a minimum of five years; and |
(b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable. |
(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction. |
(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b). |
447.1 For greater certainty, the defences set out in subsection 429(2) apply, to the extent that they are relevant, in respect of proceedings for an offence under sections 444 to 447.3. |
447.2 For greater certainty, nothing in sections 444 to 447.3 shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. |
447.3 (1) In this section, “law enforcement animal” means a dog, a horse or any other animal used by a peace officer or public officer in the execution of their duties. |
(2) Every one commits an offence who wilfully or recklessly poisons, injures or kills a law enforcement animal while it is aiding or assisting a peace officer or public officer engaged in the execution of their duties or a person acting in aid of such an officer. |
(3) Every one who commits an offence under subsection (2) is guilty of |
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or |
(b) an offence punishable on summary conviction and liable to a fine of not more than ten thousand dollars or to imprisonment for a term of not more than eighteen months, or to both. |
(4) The court may, in addition to any other sentence that it may impose under subsection (3), order the accused to pay all reasonable costs associated with the loss of or injury to the law enforcement animal as a result of the commission of the offence, if the costs are readily ascertainable.” |
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Motion No. 3 — March 7, 2008 — — That Bill , in Clause 1, be amended by replacing from line 4 on page 1 to line 6 on page 5 with the following: |
“1. The heading before section 444 and sections 444 to 447 of the Criminal Code are replaced by the following: |
Cruelty to Animals |
444. In sections 444 to 447.3, “animal” means a vertebrate, other than a human being. |
445. (1) Every one commits an offence who, wilfully or recklessly, |
(a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal; |
(b) kills an animal or, being the owner, permits an animal to be killed with brutal or vicious intent regardless of whether the animal dies immediately; |
(c) kills an animal without lawful excuse; |
(d) without lawful excuse, poisons an animal, places poison in such a position that it may easily be consumed by an animal, administers an injurious drug or substance to an animal or, being the owner, permits anyone to do any of those things; |
(e) in any manner encourages, promotes, arranges, assists in or receives money for the fighting or baiting of animals, including training an animal to fight another animal; |
(f) makes, maintains, keeps or allows to be made, maintained or kept a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies; |
(g) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive animals are liberated by hand, trap, contrivance or any other means for the purpose of being shot at the moment they are liberated; or |
(h) being the owner, occupier or person in charge of any premises, permits the premises or any part of the premises to be used in the course of an activity referred to in paragraph (e) or (g). |
(2) Every one who commits an offence under subsection (1) is guilty of |
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or |
(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or imprisonment for a term of not more than eighteen months or to both. |
446. (1) Every one commits an offence who |
(a) negligently causes unnecessary pain, suffering or injury to an animal; |
(b) being the owner, or the person having the custody or control of an animal, wilfully or recklessly abandons it or negligently fails to provide suitable and adequate food, water, air, shelter and care for it; or |
(c) negligently injures an animal while it is being conveyed. |
(2) For the purposes of subsection (1), “negligently” means departing markedly from the standard of care that a reasonable person would use. |
(3) Every one who commits an offence under subsection (1) is guilty of |
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or |
(b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or imprisonment for a term of not more than six months, or to both. |
447. (1) The court may, in addition to any other sentence that it may impose under subsection 445(2) or 446(3), |
(a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal for any period that the court considers appropriate, and in the case of a second or subsequent offence, for a minimum of five years; and |
(b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable. |
(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction. |
(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b). |
447.1 For greater certainty, the defences set out in subsection 429(2) apply, to the extent that they are relevant, in respect of proceedings for an offence under sections 444 to 447.3. |
447.2 For greater certainty, nothing in sections 444 to 447.3 shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. |
447.3 (1) In this section, “law enforcement animal” means a dog, a horse or any other animal used by a peace officer or public officer in the execution of their duties. |
(2) Every one commits an offence who wilfully or recklessly poisons, injures or kills a law enforcement animal while it is aiding or assisting a peace officer or public officer engaged in the execution of their duties or a person acting in aid of such an officer. |
(3) Every one who commits an offence under subsection (2) is guilty of |
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or |
(b) an offence punishable on summary conviction and liable to a fine of not more than ten thousand dollars or to imprisonment for a term of not more than eighteen months, or to both. |
(4) The court may, in addition to any other sentence that it may impose under subsection (3), order the accused to pay all reasonable costs associated with the loss of or injury to the law enforcement animal as a result of the commission of the offence, if the costs are readily ascertainable.” |
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