Injuring or Endangering Animals
The offence of injuring or endangering other animals is outlined in section 445.1(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, willfully 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.
More Legal Information
Law Newbie™ is a free legal assistant developed by our criminal lawyers to help you understand the law.
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.