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C-246, The Modernizing Animal Protections Act was voted down in the House of Commons on Wednesday, October 5. The bill is now dead. This private member’s bill was introduced on February 26, 2016, by Liberal Member of Parliament Nathaniel Erskine-Smith (Beaches-East York) and aimed to close the loopholes in the current animal cruelty provisions. More often than not, it is these loopholes that allow chronic hoarders, repeat abusers, puppy mill operators and dog fighting perpetrators to get off with a slap on the wrist.

Why did this new bill hold such promise? The heart of it – where CFHS saw real potential for change – was the proposed creation of a new offence for individuals who cause unnecessary pain, suffering or injury to an animal through gross negligence of the animal’s welfare. The bill also promised to close the loopholes related to animal fighting by making it illegal to train, breed or convey animals for the purpose of fighting or profit from dog fighting.


Canada is widely considered to be a progressive, civilized country with plenty of laws on the books to protect its citizens from various forms of violence, disorderly conduct and theft. But we have a dismal record when it comes to protecting animals from cruelty, abuse and neglect. That could change with your help.

While countries all over the world have updated or enacted effective animal cruelty legislation, Canada remains in the Victorian era with a federal animal cruelty law that was introduced in 1892. The current animal cruelty sections of the Criminal Code of Canada offer greater protection for cattle and other working animals and less protection for wild or stray animals. The current law makes it extremely difficult to prosecute cases of neglect and dog fighting.

The wording “willful neglect” requires proof that an accused intended to harm or kill his or her animal(s). Even in cases where dozens of animals have been starved to death — which requires a lengthy period of severe neglect – judges will usually conclude that the accused didn’t actually intend for the animal(s) to suffer or die and will find them not guilty.

It is an offence to engage in animal fighting but not to train animals to fight nor to accept money from animal fighting. The requirement to catch perpetrators in the act makes it very difficult to prosecute cases of dog fighting. It is highly unlikely that former NFL star Michael Vick would have been prosecuted for dog fighting if he lived in Canada.

In contrast, Great Britain’s Animal Welfare Act makes it an offence to cause, take money for, publicize, promote or be present at an animal fight, as well as to train animals to fight, to keep premises for animal fighting or even to possess a video of animal fighting. The New Zealand Animal Welfare Act requires that animal owners take all reasonable steps to ensure that the physical health and behavioural needs of animals are met. The law in Croatia prohibits neglecting an animal “in terms of its health, housing, nutrition and care”. These are just a few examples of other countries that are being more proactive than Canada in the area of federal animal welfare protections.

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