Cruelty to Animals

On summary conviction the section sets its own maximum — a fine of up to $10,000, imprisonment for up to two years less a day, or both (s. 445.1(2)(b)); the s. 787 default does not apply. One penalty covers all branches of the offence: wilfully causing (or an owner wilfully permitting) unnecessary pain, suffering or injury (para (a)); encouraging, aiding, promoting or taking part in fighting or baiting, or training/transporting/breeding animals for fighting or baiting (para (b)); poisoning (para (c)); and shooting captive birds liberated for that purpose, or permitting premises to be used for it (paras (d)-(e)).

The section sets no summary-conviction maximum, so the general s. 787 default applies: a fine of up to $5,000, imprisonment for up to two years less a day, or both. Covers causing damage or injury by wilful neglect while animals are being driven or conveyed (para (a)), and an owner/custodian abandoning an animal in distress or wilfully failing to provide suitable and adequate food, water, shelter and care (para (b)). Note the indictable maximum here (2 years) is lower than the 5-year maximum under the other animal-cruelty sections.

On summary conviction the section sets its own maximum — a fine of up to $10,000, imprisonment for up to two years less a day, or both (s. 445(2)(b)); the s. 787 default does not apply. Applies to wilfully and without lawful excuse killing, maiming, wounding, poisoning or injuring dogs, birds or animals kept for a lawful purpose.

Mandatory minimum as written: if a law enforcement animal is killed in the commission of the offence and the Crown proceeds by indictment, the minimum punishment is imprisonment for six months (s. 445.01(2)(a)). This minimum was enacted by Quanto's Law (2015, c. 34) and was NOT among the mandatory minimums repealed by Bill C-5 (2022). A sentence for an offence against a law enforcement animal is served consecutively to any other punishment for the same event (s. 445.01(3)). On summary conviction the section sets its own maximum — a fine of up to $10,000, imprisonment for up to two years less a day, or both (s. 445.01(2)(b)); the s. 787 default does not apply. Some mandatory minimum sentences have been challenged under the Charter. This page summarizes the Criminal Code wording, but a lawyer can advise how the law may apply in a specific case.

On summary conviction the section sets its own maximum — a fine of up to $10,000, imprisonment for up to two years less a day, or both (s. 447(2)(b)); the s. 787 default does not apply. Covers building, making, maintaining or keeping an arena for animal fighting on premises the person owns or occupies, or allowing one to be kept there. Former subsection 447(3) (destruction of birds seized in a cockpit) was repealed in 2019 (c. 17, s. 3).

The section sets its own summary penalty — a fine not exceeding $200,000 (s. 445.2(5)) — so the s. 787 default does not apply; the punishment provision specifies a fine only (no imprisonment term is set out in the section). One penalty covers both offences: owning/having custody or control of a cetacean kept in captivity, breeding or impregnating a cetacean, or possessing/seeking cetacean reproductive materials (s. 445.2(2)); and promoting or taking part in events where captive cetaceans perform for entertainment unless authorized by provincial licence (s. 445.2(4)). Statutory exceptions apply (continuous captivity since enactment, care/rehabilitation, provincial welfare or scientific-research licences — ss. 445.2(3), (3.1)).