Injuring or Endangering Animals

The offence of injuring or endangering other animals is outlined in section 445(1) of the Criminal Code.

A person commits the offence of injuring or endangering other animals when they, willfully and without lawful excuse, kill, maim, wound, poison, or injure dogs, birds, or other domesticated or owned animals.

A person also commits the offence of injuring or endangering animals when they, wilfully and without lawful excuse, place poison somewhere it can easily be consumed by dogs, birds, or other domesticated or owned animals.

Examples

Person A purposefully kicks a dog they see walking down the street.

Person B throws poisoned breadcrumbs at the pigeons crowding his local park hoping this kills them.

Person C places rat poison around the edge of their property knowing that their neighbours’ cats could access the area. The cats ate the poison and died as a result.

Cases

R. v. Fleschhut, 2018 ONCA 911

In R. v. Fleschhut, the accused was charged with one count of injuring or endangering animals when he threw a dog six feet onto a pile of debris with protruding nails knowing that this was likely to kill the dog.

R. v. D.R., 2018 ONCJ 900 

In R. v. D.R., the accused was convicted of one count of injuring or endangering animals when he strangled a pet rabbit after getting into an argument with a staff member of the group home he was living in.

Offence Specific Defence(s)

Accident

Where the person accidentally kills, maims, wounds, poisons, or injures a dog, bird, or domesticated or owned animal or accidentally places poison where a dog, bird or domesticated or owned animal could easily consume it, they may not have completed the offence of injuring or endangering animals.

Lawful Excuse

Where the person has a lawful excuse for killing, maiming, wounding, poisoning, or injuring a dog, bird, or domesticated or owned animal or for placing poison where a dog, bird, or domesticated or owned animal could easily consume it, they may not have completed the offence of injuring or endangering animals. A lawful excuse could include where the dog, bird, or animal is attacking someone or some other animal or posing a threat to someone or some other animal’s life.

Other Living Beings

Where the person kills, maims, wounds, poisons, or injures a living being other than a dog, bird or domesticated or owned animal or places poison where a living being other than a dog, bird, domesticated or owned animal could easily consume it, they may not have completed the offence of injuring or endangering animals.

For example, where person A places poison where only the cockroaches infesting person A’s home could consume it, person A has not completed the offence of injuring or endangering animals.