INTRODUCTION AND BRIEF DESCRIPTION
This section makes it an offense to cause harm to animals during transportation or to neglect the care of domestic or captive animals.
SECTION WORDING
446(1) Every one commits an offence who (a) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; or (b) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it.
EXPLANATION
Section 446(1) of the Criminal Code of Canada is a provision that seeks to protect animals and birds from abuse and neglect. It outlines two types of offences that can lead to criminal charges. Firstly, individuals who are driving or conveying animals or birds can be charged if they cause damage or injury to them through wilful neglect. This provision recognizes that animals in transit need to be treated gently and humanely to reduce the risk of harm. Secondly, section 446(1) applies to the owner or person having custody or control of any domestic or captive wild animal or bird. It is an offence if such an individual abandons the animal in a state of distress, or wilfully neglects to provide suitable and adequate food, water, shelter and care for it. This provision is grounded in a recognition that animals must be treated humanely and cannot be left to suffer or die from neglect or starvation. The provision is very broad in its scope and covers various types of animals and birds. It includes livestock, pets, and other animals, whether domesticated or wild. Therefore, anyone who owns or is responsible for the welfare of any animal or bird must ensure that they are provided with adequate care and protection from neglect or abuse. Failure to do so constitutes an offence under the Criminal Code of Canada. In summary, section 446(1) of the Criminal Code of Canada is an important provision that establishes criminal liability for anyone who wilfully neglects or abuses animals or birds. It seeks to protect vulnerable creatures by ensuring that they are treated humanely, even when they are in transit or in captivity. This provision sends a clear message that animal cruelty is unacceptable in Canada and will be punished accordingly.
COMMENTARY
Section 446(1) of the Criminal Code of Canada is an important provision that highlights the Canadian government's commitment to protecting animal welfare and preventing animal cruelty. This section criminalizes the wilful neglect or abandonment of domestic animals, birds or captive wild animals, and any such act that causes damage or injury while they are being driven or conveyed. The Canadian society values the well-being and safety of animals, and this provision serves as a clear warning that the government has zero tolerance for any type of animal cruelty or neglect. The provision provides for criminal charges against offenders, which could result in imprisonment or a fine, depending on the severity of the offence. The wilful neglect of animals, birds or captive wild animals is a serious offence, as it typically results in the suffering of the animals and can cause severe physical and psychological harm. Animal neglect is often the result of indifference or a lack of responsible attitude on the part of pet owners, who fail to provide their pets with appropriate care or attention. This could be due to various reasons such as financial constraints, illness or mental incapacity, or simply a lack of understanding of animal behaviour and needs. The provision also targets those who abandon their pets, leaving them in distress with no access to food, shelter, or water. This represents a serious offence as it puts the animal's life in danger. Abandoned animals are often left to wander the streets, where they can become victims of traffic accidents or attacks by other animals. Furthermore, Section 446(1) also provides protection for animals during transportation. It ensures that any harm or damage caused to animals during the transportation process is considered a criminal act. This provision applies to all forms of transportation, including air, sea, and land. The importance of Section 446(1) of the Criminal Code of Canada is further highlighted by the increasing cases of animal cruelty, neglect, and abandonment in Canada. These offences are not limited to a specific social, cultural, or economic class and can occur anywhere. Consequently, it is pivotal that the government protects animals by implementing laws and providing legal recourse to those that engage in the neglect or abuse of animals. Section 446(1) makes it clear that animal cruelty and neglect are illegal and punishable by law. The main goal of the provision is to deter animal abusers from engaging in such cruel and inhumane practices. It encourages pet owners to be more responsible and accountable for the welfare of their pets, while also warning those that choose to engage in criminal acts against animals that they will face the consequences of their actions. In conclusion, Section 446(1) of the Criminal Code of Canada is a vital provision that reflects the importance that the Canadian society places on animal welfare. It serves as a reminder that animal neglect and cruelty are not acceptable and will not be tolerated by the justice system. The provision aims to protect animals, encourage responsible pet ownership, and punish those that choose to engage in inhumane and dangerous behaviour towards animals.
STRATEGY
Section 446(1) of the Criminal Code of Canada criminalizes acts of wilful neglect or abuse of animals, whether they are being transported or kept in captivity. The severity of the offences is dependent on the level of damage or injury caused to the animals, and the penalties can range from fines to imprisonment. When dealing with such cases, there are several strategic considerations that need to be taken into account, such as determining the type of animal involved, the level of harm inflicted, and the motive behind the act. Additionally, there may be ethical, public relations, and financial implications to consider. Some strategies that could be employed when dealing with this section of the Criminal Code include: 1. Gathering evidence: This includes eyewitness accounts, photographs, and any other relevant documentation that can support the claim of animal abuse or neglect. This evidence can be used to demonstrate the severity of the offence and the impact it has had on the animal. 2. Understanding the law: Familiarizing oneself with the legal statutes governing animal cruelty is essential. This includes being aware of the different levels of offences, the penalties associated with each, and the potential defenses that could be raised. 3. Choosing the right charge: Depending on the severity of the offence, there may be multiple charges that can be laid, and choosing the appropriate charge is critical. This decision could impact the level of resources required to pursue the case, the likelihood of a conviction, and the level of punishment that could be imposed. 4. Seeking expert opinion: In some cases, it may be necessary to obtain expert opinion on the animal's condition or the perpetrator's motive. This can provide important insights into the case, which can be used to support a stronger legal argument. 5. Public relations: Animal abuse is a highly emotive issue, and cases that involve it can attract significant media attention. As such, it's important to manage the case's public relations aspect and ensure that the organization's reputation is not negatively impacted. 6. Seeking compensation: In cases where the animal's owner has suffered financial losses due to the abuse, pursuing compensation may be necessary. This could involve seeking restitution for damaged property, veterinary bills, or other expenses incurred as a result of the offence. In conclusion, Section 446(1) of the Criminal Code of Canada provides an essential framework for protecting animals from abuse or neglect. Dealing with such cases can be complex, and there are several strategic considerations that need to be taken into account. However, by employing the right strategies and seeking the right experts, it's possible to build a stronger case and improve the likelihood of a conviction.