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.