Tired of hearing the same broken record over and over again by the “system” when dealing with animal abuse and neglect? The same tune keeps on playing, time after time, the “system” claims it has weak laws, no funds, and bigger problems to deal with. Do we really lack laws? Is the P-42 even constitutionally legal? What’s the deal with Anima-Quebec and it’s partnered SPCAs?
I think the problem is none of the above, the problem I see is simply incompetent people in charge. Anima-Quebec is a joke, MAPAQ the author of said joke. Only Anima-Quebec and MAPAQ can enforce the P-42 law (The Animal Health Protection Act of Quebec), the police can’t touch it. MAPAQ and Anima-Quebec make deals in order to avoid pressing charges, because the Crown Prosecutors are usually unwilling to accept said charges due to a lack of proof showing “intent” on the part of the defendant, as well as due to a job poorly done by the “system” in creating the so-called information file, the file used to prosecute the case in front of a Judge.
If one branch of the system is incompetent, we look at another branch such as the police to enforce the Criminal Code. Articles 445 and 446 specifically. The criminal code is a Federal law, applicable to all Provinces.
Causing unnecessary suffering
445.1 (1) Every one commits an offence who
- (a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
- (b) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
- (c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
- (d) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
- (e) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).
Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
- (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Failure to exercise reasonable care as evidence
(3) For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering or injury was caused or was permitted to be caused wilfully, as the case may be.
Presence at baiting as evidence
(4) For the purpose of proceedings under paragraph (1)(b), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he or she encouraged, aided or assisted at the fighting or baiting.
Causing damage or injury
446. (1) Every one commits an offence who
- (a) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; or
- (b) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it.
Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than two years; or
- (b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or to imprisonment for a term of not more than six months or to both.
Failure to exercise reasonable care as evidence
(3) For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it damage or injury is, in the absence of any evidence to the contrary, proof that the damage or injury was caused by wilful neglect.
- R.S., 1985, c. C-46, s. 446; 2008, c. 12, s. 1.
So the Police can replace SPCAs, Anima-Quebec and MAPAQ to investigate and lay charges, they at least know how to build these so-called information files! The problem in laying charges, is it won’t allow the police to seize unless they can see immediate danger to the animal. They can’t “search” without a warrant, a failure to provide reasonable care won’t validate a seize as per the criminal code. Animals are property and expropriation laws apply. If the police can’t legally seize, why can MAPAQ, Anima-Quebec and SPCAs? Why replace the police with administrative authorities? In order to violate Human Rights using the P-42 as law!
Getting the police to act is not easy, most officers claim they have humans to protect, animals are not on their list. It’s the SPCA’s job they claim. Wrong they are! Enforcing the Criminal Code is their job. If they refuse to act, or if an SPCA or City refuses to act, said “authorities” can be charged under the Criminal Code, article 180.
Common nuisance
180. (1) Every one who commits a common nuisance and thereby
-
(a) endangers the lives, safety or health of the public, or
-
(b) causes physical injury to any person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Definition
(2) For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby
-
(a) endangers the lives, safety, health, property or comfort of the public; or
-
(b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.
The question to ask; is an animal considered both the public & property? The City of Montreal claims it needs to protect the public, thus outlawing a dog to bite another dog. So the usual answer to this question is yes. Animals are “the public’s property”. Article 180 can swing a good punch in a multitude of scenarios. If anyone such as an SPCA refuses to act within a legal right and duty to do so, they can be charged if it refuse to do their job (fail to discharge a legal duty). Criminal charges have been laid against the “system”, in our case the SPCALL and Anima-Quebec. I can see hundreds of scenarios where charges like this can be laid against the system, all from past experiences with these so-called “administrative authorities”. If only I knew then, what I know now.
I’ve declared war with Anima-Quebec, MAPAQ and all it’s affiliated SPCAs because of their inaction over the years. I’ll be gathering more proof, laying multiple charges over and over again. The first step is to prove in Criminal Court that they have committed a crime, thus leading to civil lawsuits against the system in order to invalidate and nullify the P-42, and in turn tearing down Anima-Quebec & MAPAQ. The plan is to replace the P-42 with real laws, laws within the “Public Security Act” since a dog is both property and the public as the City claims, something that the police could use. With the “system” committing a crime, you can demonstrate bad faith in Civil Courts. The Superior Court of Quebec can trash the law if it’s proven that it was used in bad faith, or replace those in charge if bad faith can be proven.
Municipal police have a duty to enforce municipal By-laws! The Municipality is their employer, which means the police can seize in hoarding situations by using municipal By-laws. However they cannot seize without a warrant, so why is it they don’t want to act and go get one? Now that we know, we can charge the cops of a crime too, that is if they refuse to do their job. Knowledge is power they say…
So next time the “system” says “nothing we can do about this”, tell them them that Articles 445, 446, and 180 of the Criminal Code show the contrary. If you have to, lay charges at the police station against the City, Municipality, SPCA, pounds, etc… If a police officer refuses to act, get proof and file a report at la deontologie policiere.
Since Quebec allows private prosecutions versus Crown prosecutions (a public prosecutor, hired by the Province or city) in criminal & penal cases, why do the SPCAs keep passing off the charges to the Crown? Would it not be better to do a private prosecution, like the Royal SPCA does? After all, it was the first SPCA and it’s very well aware of the lack of resources available to public prosecutors, be it a city prosecutor or Crown prosecutor. The old saying still holds true; if you want the job done well, do it yourself.
I’m looking for citizens who had their pets seized by the City of Montreal for various reasons including those who received an order to euthanize. Plans are under way to file for an authorization for a class action lawsuit against the city.
