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Bill C-17

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-17

An Act to amend the Criminal Code (cruelty to animals, disarming a peace officer and other amendments) and the Firearms Act (technical amendments)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46

CRIMINAL CODE

1. The heading of Part V of the Criminal Code is replaced by the following:

SEXUAL OFFENCES, PUBLIC MORALS, DISORDERLY CONDUCT AND CRUELTY TO ANIMALS

2. The Act is amended by adding the following after section 182:

Cruelty to Animals

Killing or harming animals

182.1 (1) Every one commits an offence who

    (a) causes or, being the owner, permits to be caused unnecessary pain, suffering or injury to an animal;

    (b) kills an animal or, being the owner, permits an animal to be killed, brutally or viciously, regardless of whether the animal dies immediately;

    (c) kills an animal without lawful excuse;

    (d) without lawful excuse, poisons an animal, places poison in such a position that it may easily be consumed by an animal, administers an injurious drug or substance to an animal or, being the owner, permits anyone to do any of those things;

    (e) in any manner encourages, promotes, arranges, assists at or receives money for the fighting or baiting of animals;

    (f) trains an animal to fight other animals;

    (g) builds, makes, maintains, keeps or allows to be built, made, maintained or kept a cockpit or any other arena for the fighting of animals on premises that he or she owns or occupies;

    (h) 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 animals are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or

    (i) being the owner, occupier or person in charge of any premises, permits the premises or any part of the premises to be used in the course of an activity referred to in paragraph (e), (f) or (h).

Failing to provide adequate care

(2) Every one commits an offence who

    (a) by a failure to exercise reasonable care or supervision of an animal causes it pain, suffering or injury;

    (b) being the owner or the person having the custody or control of an animal, abandons it or fails to provide suitable and adequate food, water, air, shelter and care for it; or

    (c) negligently injures an animal while it is being conveyed.

Punishment

(3) Every one who commits an offence under subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding 18 months.

Punishment

(4) Every one who commits an offence under subsection (2)

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    (b) is guilty of an offence punishable on summary conviction.

Order of prohibition or restitution

(5) The court may, in addition to any other sentence that it may impose under subsection (3) or (4),

    (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and

    (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable.

Breach of order

(6) Every one who contravenes an order made under paragraph (5)(a) is guilty of an offence punishable on summary conviction.

Application

(7) Sections 740 to 741.2 apply, with the modifications that the circumstances require, to orders made under paragraph (5)(b).

Definition of ``animal''

(8) In subsections (1) to (7), ``animal'' means a vertebrate, other than a human being, and any other animal that has the capacity to feel pain.

3. The definition ``child'' in section 214 of the Act is repealed.

R.S., c. 27 (1st Supp.), s. 38

4. Paragraph 264.1(1)(c) of the Act is replaced by the following:

    (c) to kill, poison or injure an animal that is the property of any person.

5. The Act is amended by adding the following after section 270:

Disarming a peace officer

270.1 (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.

Definition of ``weapon''

(2) For the purpose of subsection (1), ``weapon'' means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.

Punishment

(3) Every one who commits an offence under subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding 18 months.

R.S., c. 19 (3rd Supp.), s. 11

6. Sections 274 and 275 of the Act are replaced by the following:

Corrobora-
tion not required

274. If an accused is charged with an offence under section 151, 152, 153, 153.1 , 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

Rules respecting recent complaint abrogated

275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1 , 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.

1992, c, 38, s. 2

7. The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following:

Evidence of complainant's sexual activity

276. (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1 , 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant

R.S., c. 19 (3rd Supp.), s. 13

8. Section 277 of the Act is replaced by the following:

Reputation evidence

277. In proceedings in respect of an offence under section 151, 152, 153, 153.1 , 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

9. The heading before section 444 and sections 444 to 447 of the Act are repealed.

R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(j)

10. Section 462.47 of the French version of the Act is replaced by the following:

Nullité des actions contre les informateurs

462.47 Il est entendu que , sous réserve de l'article 241 de la Loi de l'impôt sur le revenu, aucune action ne peut être intentée contre une personne pour le motif qu'elle aurait révélé à un agent de la paix ou au procureur général des faits sur lesquels elle se fonde pour avoir des motifs raisonnables de soupçonner que des biens sont des produits de la criminalité ou pour croire qu'une autre personne a commis une infraction de criminalité organisée ou une infraction désignée ou s'apprête à le faire.

1997, c. 16, s 6(1)

11. Subsection 486(2.1) of the Act is replaced by the following:

Testimony outside courtroom

(2.1) Notwithstanding section 650, if an accused is charged with an offence under section 151, 152, 153, 153.1 , 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272 or 273 and the complainant or any witness, at the time of the trial or preliminary inquiry, is under the age of eighteen years or is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, the presiding judge or justice, as the case may be, may order that the complainant or witness testify outside the court room or behind a screen or other device that would allow the complainant or witness not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant or witness.

1997, c. 23, s. 19

12. (1) Subsection 810.01(2) of the Act is replaced by the following:

Appearances

(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

1997, c. 23, s. 19

(2) Subsection 810.01(6) of the Act is replaced by the following:

Variance of conditions

(6) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.

1993, c. 45, s. 11

13. (1) Subsection 810.1(2) of the Act is replaced by the following:

Appearances

(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

1993, c. 45, s. 11

(2) Subsection 810.1(4) of the Act is replaced by the following:

Judge may vary recognizance

(4) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

1997, c. 17, s. 9(1)

14. (1) Subsection 810.2(2) of the Act is replaced by the following:

Appearances

(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

1997, c. 17, s. 9(1)

(2) Subsection 810.2(7) of the Act is replaced by the following:

Variance of conditions

(7) A provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance.

1997, c. 18, s. 115

15. The portion of Form 11.1 of Part XXVIII of the French version of the Act before paragraph (a) is replaced by the following:

FORMULE 11.1

(articles 493, 499 et 503)

PROMESSE REMISE À UN AGENT DE LA PAIX OU À UN FONCTIONNAIRE RESPONSABLE

Canada, Province de ................,
(circonscription territoriale).

Moi , A.B., de ................, (profession ou occupation), je comprends qu'il est allégué que j'ai commis (indiquer l'essentiel de l'infraction).

Afin de pouvoir être mis en liberté, je m'engage, par (cette promesse de comparaître ou cet engagement) (insérer toutes les conditions qui sont fixées) :

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