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Changes to animal welfare legislation are applauded
by Jacqueline Lawrence
Apr 09, 2008
Local animal welfare advocates are praising a proposed new legislative amendment that will dramatically increase protections for all animals in Ontario.

On April 3, the province announced plans to amend the OSPCA Act to substantially increase protections for both domestic and non-domestic animals, such as those found at zoos.

The amendments, if passed, will not only increase investigative powers given to OSPCA branches, but also allow the society to impose harsher penalties on individuals that abuse animals.

According to the new bill, jail terms and fines of up to $60,000 could be imposed on those convicted of harming or causing distress to an animal. Offenders could also face a lifetime ban on owning a pet.

The bill would also require veterinarians to report suspected animal abuse or neglect, with protection from potential liability.

The changes are being applauded by many local animal welfare workers, who say it’s about time abusers face tougher penalties for their crimes.

“It’s long overdue,” Sheryl Coulson, vice-chair of the Animal Shelter for Huntsville, said about the proposal. Coulson went on to call the current OSPCA Act “antiquated.”

“The sooner this is passed the better,” she said.

“It’s definitely a positive change,” agreed Stefanie Mayrl, inspector with the OSPCA’s Muskoka’s branch in Bracebridge. “It will go a long way toward helping protect the animals.”

Over the past several months, Mayrl and Coulson have been witness to several disturbing cases of animal abuse, including a cat that was shot several times with a pellet gun. The cat was later left to die in a snowbank.

Currently, someone convicted of animal cruelty for this kind of offence would face a maximum six-month prison sentence and/or a $2,000 fine under the OSPCA Act. A two-year ban on owning animals could also be imposed.

The penalties are not near harsh enough to fit the crime, say some.

“Ontario currently has the worst animal welfare legislation in the country,” said OSPCA acting chief inspector Hugh Coghill. “This (new legislation) will take us . . . from the worst to the first.”

Rick Bartolucci, minister of Community Safety and Correctional Services, said if passed, Ontario’s new animal welfare laws will be the strongest in Canada.

In addition to the new penalties, Coghill also praised the legislation’s proposed new investigative powers for OSPCA.

The new bill would allow society investigators to obtain interim custody orders to remove animals from their owners if they believe they are at risk of being harmed.

If passed, the bill will allow investigators to enter all places, including zoos, to investigate claims of abuse. Workers would not need a warrant if they have reasonable grounds to suspect animal abuse. They would also be allowed to permanently keep animals if they believe they may be harmed if returned to an owner.

“That will be huge for us,” said Coghill, noting that right now, the OSPCA’s “hands are tied by the legislation.”

The new legislative powers could also help prevent threats to public safety, the ministry indicates.

In a press release issued Thursday, the ministry listed several scenarios that demonstrated how the new amendments could impact current cases of cruelty or neglect. The release listed the jaguar escape near Bracebridge as one incident where the new legislation would impact the potential outcome of the case.

The 400-pound jaguar, known as Bhino, broke loose from its cage at Guhas Lions and Tigers Farm in Utterson in February. The cat mauled a dog and had to be shot by police.

The OSPCA had no jurisdiction to investigate the matter.

The ministry said the new bill, if approved, will allow OSPCA inspectors to examine prescribed standards of care at farms such as Guhas to determine whether the jaguar’s cage was sufficient. Based on the investigation, the OSPCA could then take appropriate action, the release said.

Anthony Brown, ministry spokesperson, said standards of care for all animals, including those at zoos, would be developed in consultation with stakeholders should the new legislative amendments be approved by the government.