Animal welfare laws: an update.

• Author: Battle, Tim
• Position: SPECIAL REPORT on Farming and Ranching

There has been a lot of discussion about animal welfare laws in Canada during the past few years. Much of the discussion around proposed changes to federal law and the updating of some provincial laws has left many animal users wondering how they will be affected, and if commonly accepted practices will become illegal. In fact, changes to current practices are more likely to come about from market forces and the industries themselves. Here's a brief look at the existing laws, current initiatives, and what they could mean to those who rely on animals for their livelihood.

Protection of animals from abuse and neglect is both a federal and provincial jurisdiction. Though there seems to be a confusing array of different legislation, it's important to know that both current legislation and proposed amendments that strengthen animal cruelty provisions exempt from prosecution people who follow accepted practices of animal husbandry. This has been demonstrated repeatedly through discussions at both national and provincial levels. There is no will to change normal practices through legislative means. Fears that laws will lead to frivolous prosecutions for common practices (such as branding, dehorning, or baiting worms on a fish hook) are completely unfounded. The laws are meant to protect animals from unnecessary cruelty, not to undermine common business practices.

Federally, sections 444 to 447 of the Criminal Code of Canada (CCC) currently deal with cruelty to animals. This law states that wilfully causing unnecessary pain or suffering, or wilful neglect causing damage or injury to an animal is an offence punishable on summary conviction of up to a $2,000 fine and/or six months in prison. Anyone who wilfully and unlawfully kills, poisons or injures cattle and other bovine species may be found guilty of an indictable offence and face a prison term of up to five years.

The wording of the animal cruelty sections of the Criminal Code is rather archaic since it was literally written in the horse and buggy days and has been virtually unchanged since 1892. There have been attempts to update it since 1999, but as of this writing it has been bogged down in an apparent dispute between the Senate and House of Commons. Whatever becomes of it, it's certain that accepted agricultural practices will be exempted from prosecution.

Two other federal laws relating to livestock welfare include the regulations associated with the Health of Animals Act and the Meat...