PETITION TO THE HOUSE OF COMMONS IN PARLIAMENT ASSEMBLED

TO PROTECT ANIMALS FROM CRUELTY

WE, THE UNDERSIGNED RESIDENTS OF CANADA DRAW THE ATTENTION OF THE HOUSE TO THE FOLLOWING:

THAT,

WHEREAS the vast majority of Canadians support modern and enforceable legislation that protects all animals, whether wild or tame from deliberate and reckless acts of cruelty, abuse and neglect;

WHEREAS at present, not all animals are protected from criminal acts of cruelty, abuse and neglect because provisions are found under the property section of the Criminal Code of Canada; leaving law enforcement officers, attorneys and judges at a loss to effectively prosecute criminal acts of cruelty;

   WHEREAS the cruelty provisions of the Criminal Code of Canada do not include a           concise definition of animal other than to reference specific animals such as cattle;                         

WHEREAS the amendments to these provisions which Parliament passed in April 2008 merely raised the potential penalties for the few accused persons who can be convicted and did not materially improve protection for animals;

WHEREAS the Criminal Code of Canada does not obligate the courts to order offenders to pay restitution costs to animal welfare organizations that care for abused animals subsequent to acts of abuse or cruelty;

WHEREAS the Criminal Code of Canada uses the term “wilful neglect” which requires neglect to be a product of predetermined action;

WHEREAS the majority of animal abuse investigations do not result in a successful prosecution under the Criminal Code;

WHEREAS further amendments to the Criminal Code are still required to close the many loopholes that allow most perpetrators of animal cruelty to avoid conviction;

WHEREAS Canada still has weaker legislation than Austria, Great Britain, New Zealand, Norway, Poland and many other countries around the world;

THEREFORE, your petitioners call upon parliament to modernize the animal cruelty provisions in the Criminal Code, sections 445,446 and 447 to effectively protect all animals from deliberate acts of cruelty. We also request that animal welfare be written into the constitution as it is in several European countries, it is the combination of these two things that will provide the force behind law.