INTRODUCTION AND BRIEF DESCRIPTION
This section allows the court to impose an animal ownership prohibition and require the offender to pay costs for animal care.
SECTION WORDING
447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.1(2), 446(2) or 447(2), (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal or a bird as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal or bird, if the costs are readily ascertainable.
EXPLANATION
Section 447.1(1) of the Criminal Code of Canada pertains to animal cruelty offenses and the punishments that may be imposed by a court. The section provides for two types of additional sentences that may be imposed on an offender in addition to other penalties. The first is an order prohibiting an accused from owning, having custody or control of, or residing in the same premises as an animal or bird for a certain period of time, deemed appropriate by the court. In cases where the offender has committed a second or subsequent offense, this period must be a minimum of five years. This order aims to protect animals or birds from any future harm that the offender may cause. The second type of additional sentence provided by the section is a payment of reasonable costs incurred by a person or organization that has taken care of an animal or bird due to the commission of the offense. This payment may be ordered by the court either on its own motion or by an application made by the Attorney General. The provision is a way to ensure that the individual or organization caring for the animal or bird receives some compensation for the expenses incurred as a result of the abuse. Overall, Section 447.1(1) of the Criminal Code of Canada represents the Canadian government's commitment to protecting the welfare of animals and birds through strong legal provisions. By allowing for such additional sentences to be imposed, the law serves to deter animal cruelty and hold offenders accountable for their actions.
COMMENTARY
Section 447.1(1) of the Criminal Code of Canada provides the courts with the power to make an order prohibiting an accused from owning, having custody or control of, or residing in the same premises as an animal or a bird, and to order the accused to pay for the reasonable costs incurred by a person or organization for taking care of an animal or bird that was a subject of an offence. This section is applicable in addition to any other sentence that may be imposed on the accused under subsection 444(2), 445(2), 445.1(2), 446(2), or 447(2) of the Code. The primary purpose of this section is to provide protection to animals from people who have been convicted of animal cruelty or other related offences. The prohibition order from owning, having custody or control of, or residing in the same premises as an animal or bird is designed to ensure that the animal or bird is safe from future harm by the accused. This prohibition order can last for any period that the court deems appropriate, but in cases where the accused has committed the offence more than once, the minimum limit imposed is five years. In addition to the prohibition order, this section provides for an order to be made to the accused to pay the reasonable costs incurred by a person or organization for taking care of an animal or bird that was a subject of an offence. The order to pay damages is usually applied to cases in which an animal is harmed or abused and has to be taken care of by individuals or organizations. These reasonable costs are easily ascertainable and may include veterinary bills, food, boarding, medication, and other relevant expenses incurred by the person or organization. This provision is designed to ensure that the accused recognizes the financial implications of their actions and that they take responsibility for the welfare of animals in their care. One of the significant benefits of this section is that it emphasizes the importance of treating animals with respect and dignity. The law recognizes that animals are sentient beings capable of feeling pain, and it is incumbent on us to protect them from harm. This section sends a strong message to potential offenders that animal cruelty is a serious crime, and appropriate consequences will be applied. In conclusion, section 447.1(1) of the Criminal Code of Canada reflects the importance of treating animals with the dignity and respect they deserve. By allowing for prohibition orders and orders to pay damages for the care of animals, this section provides a necessary deterrent against animal cruelty and sends a message that society takes the welfare of animals seriously.
STRATEGY
Section 447.1(1) of the Criminal Code of Canada provides that courts can impose orders in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.1(2), 446(2) or 447(2). The section provides for two types of orders that are of significant importance: (a) an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird, and, (b) an order for the accused to pay a person or organization that has taken care of an animal or bird that was affected by an offence. Strategic considerations for dealing with this section of the Criminal Code of Canada involve navigating the available options to reprimand an accused person fully, while also seeking justice for the affected animal. To deal with this section effectively, the prosecutor and defence lawyer will have to handle different situations. Below are some strategic considerations when dealing with Section 447.1(1) of the Criminal Code of Canada: Firstly, when dealing with an offence under Section 447.1(1) of the Criminal Code of Canada, the prosecutor may consider filing an application under Section 447.1(1)(b) for a restitution order. This order would require the accused to pay the animal care costs incurred by the person or organization that housed or took care of the animal or bird that was harmed or neglected as a result of the offence. This approach would involve demonstrating that the animal suffered harm as a direct or indirect result of the accused's actions and that the costs incurred are reasonable. Secondly, in cases where it is necessary to prevent further harm to animals, the prosecutor may also consider filing an application under Section 447.1(1)(a) to have the accused banned from having the custody, control, or ownership of animals or birds. This may be advisable when there is a history of animal abuse or neglect in the accused's record or a concerned party believes that the accused poses an imminent threat to the wellbeing of animals. The ban can be for a minimum of five years for second or subsequent offences. Thirdly, defence lawyers' strategic considerations when defending the accused under Section 447.1(1) of the Criminal Code of Canada may vary depending on the nature of the case. A defence lawyer may use expert witnesses, such as veterinarians, to argue the veracity or extent of the harm caused by the accused's actions. Alternatively, the defence lawyer may present extenuating circumstances or mistake of fact as a defence. The defence may also argue that the accused should not be banned from owning animals as it may affect their livelihood or welfare, and the harm was unintentional. Lastly, both defence lawyers and prosecutors should keep abreast of amendments to Section 447.1(1) of the Criminal Code of Canada. In June 2019, the law was amended to provide for more protection for animals. This expansion included increasing the amount of compensation and increasing the length of animal care bans. Lawyers may use this amendment to make stronger arguments in court and to ensure that accused persons face appropriate consequences for harming animals. In conclusion, the strategic considerations when dealing with Section 447.1(1) of the Criminal Code of Canada involves navigating the available options to reprimand an accused person fully while also seeking justice for the affected animal. Strategies employed will depend on whether the lawyer is a prosecutor or defence lawyer and nature of the case. Furthermore, keeping abreast of changes in the law will ensure adequate protection is provided for animals.