Killing Animals
The offence of killing or injuring certain animals is outlined in section 445.01(1) of the Criminal Code.
A person commits the offence of killing or injuring certain animals when they, willfully and without lawful excuse, kill, maim, wound, poison, or injure a dog or horse trained to aid law enforcement, an animal trailed to aid a member of the Canadian Forces, or a service animal.
Examples
Person A shoots a supervising police officer’s horse during a protest, intending to wound it and scare the police officer riding it.
Person B kicks person C’s service dog, intending to injure the dog because person B is upset that the dog was allowed inside a store when person B’s own dog, who is not a service dog, was not allowed inside the store.
Cases
R. v. Tucker, 2019 BCSC 961
In R. v. Tucker, the accused was convicted of one count of killing or injuring certain animals when he punched a law enforcement dog in the head numerous times, causing the dog to be sleepy and less energetic for a few days. This dog had been deployed to stop the accused who was fleeing a traffic stop where narcotics were found in the accused’s car.
R. v. Prystay, 2019 ABQB 8
In R. v. Prystay, the accused was convicted of one count of killing or injuring certain animals when he fought with and wrestled a law enforcement dog, cutting the dog’s snout. The dog had been deployed to stop the accused from fleeing on foot after police finally stopped the accused’s vehicle, which the accused was diving dangerously while high on methamphetamine.
Offence Specific Defence(s)
Accident
Where the person accidentally kills, maims, wounds, poisons, or injures a dog or horse trained to aid law enforcement, an animal trailed to aid a member of the Canadian Forces, or a certified service animal, they may not have completed the offence of killing or injuring certain animals.
Lawful Excuse
Where the person has a lawful excuse for killing, maiming, wounding, poisoning, or injuring a dog or horse trained to aid law enforcement, an animal trailed to aid a member of the Canadian Forces, or a certified service animal, they may not have completed the offence of killing or injuring certain animals. A lawful excuse could include where the animal is unlawfully attacking someone.
Other Living Beings
Where the person kills, maims, wounds, poisons, or injures a living being other than a dog or horse trained to aid law enforcement, an animal trailed to aid a member of the Canadian Forces, or a certified service animal, they may not have completed the offence of killing or injuring certain animals. They may, however, have committed another offence.
Off-Duty
Where the dog or horse trained to aid law enforcement or animal trailed to aid a member of the Canadian Forces is not actively engaged in helping a law enforcement officer or member of the Canadian Forces in carrying out their duties when the person kills, maims, wounds, poisons, or injures it, the person may not have completed the offence of killing or injuring certain animals. They may, however, have committed another offence.
More Legal Information
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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.