INTRODUCTION AND BRIEF DESCRIPTION

This section defines licence as including any authorization within the given section.

SECTION WORDING

353(5) The definitions in this subsection apply in this section. In this section, "licence" includes any authorization.

EXPLANATION

Section 353(5) of the Criminal Code of Canada is a provision that provides clarity on the meaning of "licence" within the context of this section. The section deals with offences related to the use of animals during an unlawful assembly, riot or other violent disturbances. It is intended to address situations where animals are used to intimidate or harm individuals during civil unrest. The provision states that "licence" for the purposes of this section should be interpreted broadly to include any form of authorization. This means that any person who uses an animal for the purposes mentioned above, regardless of whether they have been formally granted a licence, can be charged with an offence. This provision was added to the Criminal Code in recognition of the fact that some perpetrators may seek to exploit loopholes in regulations or licensing regimes to engage in acts of violence with animals during times of unrest. The section imposes a range of penalties on individuals convicted of using animals in the context of an unlawful assembly or riot. Some of these penalties include fines, imprisonment, and the forfeiture of animals used in the commission of the offence. Where serious harm is caused to an individual, the penalties may be even more severe. In conclusion, section 353(5) of the Criminal Code of Canada plays an important role in the regulation of animal cruelty and violent behaviour during times of civil unrest. By clarifying the meaning of "licence" within the context of this section, the provision ensures that all perpetrators who use animals in the commission of offences are held accountable for their actions, regardless of the form of authorization they may or may not have obtained.

COMMENTARY

Section 353(5) of the Criminal Code of Canada may seem like a technical clause, but it plays a critical role in the operation of this section. The provision provides a definition for the term "licence" and clarifies that it encompasses any authorization concerning an activity regulated under this section. The significance of this definition lies in the fact that Section 353 pertains to animal fighting and applies to a range of activities, including organizing, promoting, betting, training, and providing animals for fighting. This section criminalizes these activities and carries a maximum penalty of ten years imprisonment. The provision aims to protect animals from being subjected to cruel and inhumane treatment for entertainment or other purposes, and to deter individuals from engaging in such activities. The definition of "licence" included in Section 353(5) is broad and inclusive, serving to capture all forms of authorization concerning the activities regulated under this provision. For example, it would cover licenses issued by authorities such as municipal or provincial regulators, permits issued by associations or organizations involved in animal fighting, or any other forms of permission granted for these activities. The inclusion of this definition is significant as it ensures that the section operates on a comprehensive basis and allows for a wide range of activities to be regulated under its ambit. It attempts to create a comprehensive framework for animal welfare to prevent all forms of abuse and cruelty of animals in a comprehensive manner. The definition ensures that individuals involved in animal fighting cannot evade liability by exploiting legal loopholes concerning the nature of their authorization. This provision also reflects the government's commitment to addressing and preventing animal cruelty by taking a more comprehensive and multi-faceted approach to regulating it. This approach involves ensuring that the relevant authorities have regulatory power to monitor and enforce the activities, strengthening criminal penalties for offenders, and increasing public awareness and education to discourage such practices. While it is important to regulate these activities effectively, it is crucial to acknowledge that some individuals may argue that this provision oversteps their rights and freedoms as individuals to participate in these activities. However, it's critical to balance individual rights with animal welfare and ensure that society holds a duty of care to these sentient beings. In conclusion, Section 353(5) of Canada's Criminal Code applies a comprehensive definition of "licence" to ensure that Authorizations of animal fighting activities are subject to regulatory frameworks that protect the welfare of animals. It forms a crucial pillar of preventive measures against animal cruelty by creating a comprehensive and inclusive framework for animal welfare. Like every law, it initiates a debate concerning the balancing of individual freedoms with animal welfare, requiring policymakers to consider both aspects when framing future legislation.

STRATEGY

Section 353(5) of the Canadian Criminal Code is an important provision as it provides certain definitions that apply to section 353. This section deals with offences related to animals, such as cruelty to animals, killing, or injuring them. In order to fully understand this provision, it is crucial to take into consideration some strategic considerations when dealing with it. One of the strategic considerations when dealing with section 353(5) is to understand the scope of the definition of licence," which includes any authorization". This means that individuals who have any form of authorization related to animals, such as a permit or certificate, must be cautious of their actions as they are subject to the provisions of section 353. Furthermore, individuals who authorize others to perform acts related to animals, such as hunting or killing, may also be held liable under section 353. Another strategic consideration is to ensure that the definitions provided in section 353(5) are interpreted narrowly to avoid undue infringement on legitimate activities related to animals. For instance, interpretation of the term 'licence' to include mere ownership of animals, or feeding or watering them could wrongly criminalize legitimate activities. Strategies to mitigate the unintended consequences of the broadness of the term "licence" may include lobbying efforts to clarify the types of authorization it encompasses. This may also involve challenging this section by way of a test case, calling into question the constitutionality of the provision as it may be an unjustified restriction on the constitutional rights of those who carry out legal activities related to animals. Moreover, animal owners and organizations can consider adopting policies that promote the humane treatment of animals, and that encourage collaboration between government agencies and animal rights groups to ensure that animals are adequately protected by the law. By doing so, advocacy groups could influence legislative and policy action that minimize harm to animals and maintain the well-being of society. In conclusion, section 353(5) of the Canadian Criminal Code provides definitions that apply to offences related to animals. Strategic considerations when dealing with this section involve understanding the scope of the definition of licence", interpreting definitions narrowly, lobbying efforts to clarify authorization types encompassed, and advocating for policies to promote humane treatment of animals. These strategies can help ensure that the Criminal Code is not misused and that the rights of animal owners and the animals themselves are well-protected.