Q:A neighbour of mine has both a grain and livestock operation. I think he treats his animals poorly, to the point of abuse. What can be done about this?
A:The regulation of livestock is primarily a provincial matter,
falling to each province or territory to decide how involved they want to be. The one exception is where the federal government uses its power over criminal law to regulate conduct with respect to animals.
If your neighbour’s conduct is abusive, he may be breaching the Criminal Code of Canada, the Meat Inspection Act or the Health of Animals Act. All three laws focus on different aspects of the humane care of animals. Use of the Criminal Code has declined over the last 10 years or so, because provinces have gradually bolstered their own legislation over animals and their treatment.
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Almost every province has a law prohibiting anyone from causing or permitting an animal to be in distress. There are also exceptions or exemptions, such as for humane slaughter practices or management of a herd.
As well, officials can apply to the courts for an order granting them temporary custody of animals that have been seized to await the outcome of any appeal from that order or the outcome from criminal charges.
This is to ensure the animals are well cared for pending a determination of the owner’s ability to do so.
The provincial laws also have provisions for inspection of animals to ensure proper and humane practices are in place.
In many provinces, the Society for the Prevention of Cruelty to Animals is the agency responsible for enforcing animal protection legislation, although some municipalities have their own enforcement officers.
The B.C. SPCA in 2009 conducted 5,870 cruelty investigations, forwarded 62 charges of animal cruelty/ neglect to prosecutors and seized 1,332 animals.
That same year, Alberta’s SPCA conducted more than 2,300 investigations, about half of which involved livestock rather than pets or other domestic animals. There were 16 charges resulting.
A conviction under the Criminal Code carries a maximum fine of $10,000 plus up to five years in jail, as well as a ban on owning animals, which can extend for the person’s lifetime.
•In Saskatchewan, the fine can be $25,000 plus up to two years in jail, as well as an unlimited ownership prohibition.
•Alberta’s maximum fine is $20,000.
•In B.C., there is a fine of $5,000 for the first offence, which doubles after that, plus a six month jail term.
If you have concerns over the treatment of animals, call the local SPCA and an inspector will visit the owner.
Rick Danyliuk is a lawyer with McDougall Gauley LLP in Saskatoon. Contact: rdanyliuk@producer.com.
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