P.E.I. animal protection law gets failing grade but province says changes coming

A North American animal welfare group has given P.E.I. a failing grade for its animal protection law.

But the P.E.I. government says a new law should be passed soon that will address those shortcomings.

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"The bottom tier really is the very worst placesin Canada for animals," saidSophieGaillard, a lawyer with the Animal Legal Defence Fund (ALDF). P.E.I. has consistently placed in the bottom half of the rankings, since ALDF started reviewing provincial laws in Canada in 2008.

Provinces that got top marks included jail time as a possible penalty, increased penalties for repeat offenders and mandatory reporting of suspected cruelty by veterinarians, said Gaillard.

All those things are coming in the new Animal Welfare Act, according to agriculture minister Alan McIsaac.

Stiffer penalties

"We've looked all across North America basically to find out exactly where the strongest acts were and we hope now that we will measure up to be one of the best," said McIsaac.

The Act will replace the Companion Animal Protection Act and has been more than five years in the making.

Dwight Thompson, program and legislative specialist with the agriculture department, helped write the new Act.

High profile cases

He said two high profile cases on P.E.I. prompted the writing of the new legislation.

In 2010, BudWheatley, owner of an online pet shop, was sentenced to five months in jail for animal cruelty after 80 dogs and cats were seized from his propertyinCovehead, P.E.I.

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Late in 2014, provincial agriculture officials seized 41 horses fromthe property ofTawniFrank and George SmithonByrnesRoad nearMorell, P.E.I.

The pair were charged with animal cruelty.The case is still before the courts because Frank and Smith have failed to appear in court. In Oct. 2015, their lawyer at the time told the court he thought theyhad moved to the United States.

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Thompson said inrewriting the Act, the province also considered suggestions made by ALDF.

"They identified the better legislations across Canada and so we could also have a look at those and model some of our stuff after those as well," said Thompson. "It gaveus a guide on how we should approach animal welfare."

Some highlights of the new Act:

• an increase in possible fines from $200 to $5,000, to a range of $500 to $10,000;
• jail time of up to six months; 12 months for second offence;
• recognizes extreme anxiety in animals;
• mandatory reporting by veterinarians of suspected cruelty.

The new act also introduces specific regulations for food, water, shelter and exercise that animal control officers can use to determine whether an animal's needs are being met. Authorities believe the new act will make it easier for inspectors to enforce the regulations and step in if an animal needs protection.

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"One of the shortcomings of the existing legislation is that the threshold to act was very high, like the level of distress,"said Thompson.

"What the new legislation does is it basically lowers that threshold by looking at things such as the actual care that's being provided at the time that the inspector is there to see whether or not it's appropriate, and if it's not the inspector can act at that point, rather than having to wait until the animal is actually in someform of distress."

The P.E.I. Humane Society was one of the groups consulted when the province rewrote the legislation.

More neglect complaints

The society says it is handling more neglect complaints.

"Those numbers have increased considerably in recent years," according to executive director MarlaSomersall.

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The act was passed by the P.E.I. Legislature in July 2015 but has not yet been proclaimed.

Alan McIsaacsays staff are fine-tuning the regulations and fines. But he says, it should become law "within a couple of months."

Calls to upgrade federal laws as well

Those advocating for stronger animal protectionlaws had hoped a bill before Parliament earlier this year, would make it easier to prosecute cases under the federal Criminal Code.

Advocates say with changes,similar crimes could be handled in a similar way across Canada and make it easier to track repeat offenders.However the bill failed to pass in October.

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Gaillardagreesthe federal laws do need an upgrade.

"If the criminal code provisions werestrengthened and convictions made easier to obtain, then a federal prohibition on animal ownership would apply across the country and would be much easier to enforce in cases where people are moving across the country," said Gaillard.

She said the federal law hasn't seen any significant change since 1892.

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