Bill C-35

62-63-64 ELIZABETH II

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CHAPTER 34

An Act to amend the Criminal Code (law enforcement animals, military animals and service animals)

[Assented to 23rd June, 2015]

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

SHORT TITLE

1. This Act may be cited as the Justice for Animals in Service Act (Quanto’s Law).

CRIMINAL CODE

2. The Criminal Code is amended by adding the following after section 270.02:

270.03 A sentence imposed on a person for an offence under subsection 270(1) or 270.01(1) or section 270.02 committed against a law enforcement officer, as defined in subsection 445.01(4), shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

3. The Act is amended by adding the following after section 445:

445.01 (1) Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer’s duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member’s duties or a service animal.

(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 and, if a law enforcement animal is killed in the commission of the offence, to a minimum punishment of imprisonment for a term of six months; or

(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than 18 months or to both.

(3) A sentence imposed on a person for an offence under subsection (1) committed against a law enforcement animal shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events.

(4) The following definitions apply in this section.

“law enforcement animal” means a dog or horse that is trained to aid a law enforcement officer in carrying out that officer’s duties.

“law enforcement officer” means a police officer, a police constable or any person referred to in paragraph (b), (c.1), (d), (d.1), (e) or (g) of the definition “peace officer” in section 2.

“military animal” means an animal that is trained to aid a member of the Canadian Forces in carrying out that member’s duties.

“service animal” means an animal that is required by a person with a disability for assistance and is certified, in writing, as having been trained by a professional service animal institution to assist a person with a disability.

4. The Act is amended by adding the following after section 718.02:

718.03 When a court imposes a sentence for an offence under subsection 445.01(1), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.