C-35 2 41 62-63-64 Elizabeth II 2013-2014-2015

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

Justice for Animals in Service Act (Quanto’s Law)

Criminal Code (law enforcement animals, military animals and service animals) 2015 6 23 34 2015 90736

SUMMARY

This enactment amends the Criminal Code to better protect law enforcement animals, military animals and service animals and to ensure that offenders who harm those animals or assault peace officers are held fully accountable.

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

SHORT TITLE

Short title

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

R.S., c. C-46

CRIMINAL CODE

The Criminal Code is amended by adding the following after

section 270.02:

Sentences to be served consecutively

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.

The Act is amended by adding the following after

section 445:

Killing or injuring certain animals

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.

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 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.

Sentences to be served consecutively

(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.

Definitions

(4) The following

definitions apply in this section.

law enforcement animal

animal d’assistance policière

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

agent de contrôle d’application de la loi

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

animal d’assistance militaire

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

animal d’assistance

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.

The Act is amended by adding the following after

section 718.02:

Objectives — offence against certain animals

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.