section 447.1(3)


This section applies certain sections of the Criminal Code to orders made under paragraph (1)(b).


447.1(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).


Section 447.1(3) of the Criminal Code of Canada provides guidance on the types of orders that can be made under paragraph (1)(b), in relation to an offence under section 447.1(1)(a) that involves harm or the risk of harm, and the application of sections 740 to 741.2 to these orders. These sections deal with the imposition of a fine or imprisonment, or both, for summary and indictable offences, and include provisions on the amount of the fine and the duration of imprisonment, as well as the factors that should be considered in determining the appropriate sentence. The phrase "with any modifications that the circumstances require" implies that the orders made under paragraph (1)(b) may be different from typical orders under sections 740 to 741.2, depending on the specific circumstances of the offence and the offender. For instance, the court may consider the nature and seriousness of the harm caused or the risk of harm, the offender's history of similar offences, and any mitigating or aggravating factors that may influence the sentence. Overall, section 447.1(3) ensures that orders made under paragraph (1)(b) are subject to the same sentencing principles and guidelines as other criminal offences, while acknowledging the need for flexibility and discretion in determining an appropriate sentence for offences that involve harm or the risk of harm.


Section 447.1(3) of the Criminal Code of Canada addresses the application of sections 740 to 741.2 to orders made under paragraph (1)(b). This section is important as it outlines the procedures and laws that will be utilized when enforcing orders made under paragraph (1)(b). Specifically, it enables the appropriate modifications to be made to ensure proper application of the law in all circumstances. Paragraph (1)(b) of section 447.1 is titled 'Orders to Prevent Cruelty to Animals'. This paragraph empowers a justice of the peace, provincial court judge, or superior court judge to make an order to protect an animal from its owner or from a person who has control over it, if the court is satisfied that the animal is being or likely to be subjected to cruelty. The provision allows the court to order that the animal be seized and kept under the care of an animal protection organization or other suitable persons until the court is satisfied that the animal will be treated humanely. The order could also prohibit the owner or other person from treating any other animal in a cruel manner or owning any other animal for a period of time determined by the court. The order may impose any other conditions that the court considers appropriate to ensure that the animal is treated humanely. Now, when these orders are made, they fall under the purview of sections 740 to 741.2 of the Criminal Code as indicated by section 447.1(3). These sections provide for the mechanisms and procedures that will be used to enforce the order and any other requirements that may be necessary in the process. One important modification that is necessary in enforcing these orders is that the order is deemed to be a civil order. This means that it can be enforced by way of civil procedures. In addition, these orders cannot be appealed to the higher courts as they remain within the jurisdiction of the court that made the order upon application by the owner or the person who has control over the animal. Another modification that may be necessary under certain circumstances is that the order may be enforced by a peace officer with or without a warrant. This means that in situations where the animal is in imminent danger and there is no time to wait for a warrant, the peace officer can enter the premises without one to remove the animal from the dangerous situation. It is also important to note that the order can be varied or rescinded by the same court that made it. This means that if the owner or the person who had control over the animal can demonstrate that they can provide appropriate care for the animal, the court has the power to rescind or vary the order as it sees fit. In conclusion, section 447.1(3) of the Criminal Code of Canada is crucial in providing the necessary modifications to enable proper enforcement of orders made under paragraph (1)(b) of section 447.1. These modifications provide for the necessary procedures required to ensure that animals are protected from cruelty, and proper legal procedures are followed in enforcing such orders. The provision ensures that the welfare of the animal remains the primary concern, and necessary steps are taken to enforce the order while safeguarding the rights of the owner or person who has control over the animal.


Section 447.1(3) of the Criminal Code of Canada is a provision that deals with orders made under paragraph (1)(b) of the same section. Paragraph (1)(b) of this section allows a court to make an order prohibiting a person from owning or possessing animals for a specified period. This provision is crucial in preventing animal cruelty and protecting animals from the harm caused by the actions of individuals. Strategic considerations for dealing with this section of the Criminal Code involve a variety of factors that should be taken into account to ensure effectiveness. The following are some strategies that could be employed: 1. Investigating and gathering evidence: Before an order under paragraph (1)(b) can be made, it is necessary to gather evidence of animal cruelty or abuse. This may involve an investigation by law enforcement and animal welfare inspectors, as well as the collection of medical records, witness statements, and photographic or video evidence. 2. Litigation strategy: Once evidence has been gathered, the lawyer representing the interests of the animals must decide on an appropriate litigation strategy. This may involve choosing the best forum for the action, deciding on the types of evidence to be presented, and choosing the most persuasive legal arguments to be used in court. 3. Advocacy: Advocacy strategies may involve working with animal welfare organizations, government agencies, and other stakeholders to build support for animal welfare initiatives and to promote education about animal cruelty. 4. Rehabilitation and education: Rehabilitation of the animal abuser is a crucial aspect of reducing recidivism. Ensuring that there is adequate access to counselling, psychiatric help and education on responsible animal ownership can change the abusive tendencies of the animal owner. 5. Enforcement: Enforcement of the order prohibiting ownership or possession of animals is another crucial aspect of ensuring its effectiveness. This may involve ongoing monitoring of the individual in question, and the ability to prosecute them should they be found violating the order. In conclusion, there are several strategic considerations and approaches involved when dealing with Section 447.1(3) of the Criminal Code of Canada. These strategies may involve investigating the matter thoroughly, developing a litigation strategy, advocacy, rehabilitation, education and enforcement. By employing these strategies, this section of the Criminal Code of Canada can effectively prevent animal abuse and protect animals from harm.