Thank you for the opportunity to speak before this committee of honourable members.
I'm here today in my capacity as the chief inspector for the Ontario Society for the Prevention of Cruelty to Animals and our more than 50 branch and affiliate societies across Ontario, representing over 250,000 supporters province-wide.
Created in 1873, the Ontario SPCA is among the oldest humane organizations in Canada. The Ontario SPCA is a member of the Canadian Federation of Humane Societies and the Royal Society for the Prevention of Cruelty to Animals. Like the CFHS, the Ontario SPCA is not an animal rights organization. The Ontario SPCA Act, first enacted in 1919, provides inspectors with the powers of a police officer for the enforcement of any act or law relating to the prevention of cruelty to animals. There are no provisions in the OSPCA Act for prosecution of animal abusers except for the relatively new section introduced in 2002 to address puppy and kitten mills. The cruelty to animals section of the Criminal Code has been the only tool in Ontario until recent years.
That being the case, our 200 officers have a great deal of experience in dealing with prosecutions under our very old Criminal Code. We're painfully aware of certain terms in the law that severely restrict our ability to present cases for prosecution. We consult with crown attorneys regularly in an effort to ensure we are doing the best we can, given the inadequacies of the current federal legislation.
In 2006, out of over 15,000 complaints investigated, 517 charges were laid, 355 of those under the Criminal Code. Over 2,000 Ontario SPCA orders were issued to animal owners in an effort to relieve animals from distress. In many cases, the first action taken by the SPCA is to educate owners on providing proper care for their animals. Prosecution of offenders is a last resort.
When an Ontario dog owner pushed his dog to the ground with such force that he broke the dog's leg and a veterinarian indicated that the force needed to cause the injury was consistent with being hit by a car, the judge dismissed the Criminal Code charge because he felt that the accused did not wilfully intend to break the leg of the dog and thereby cause the pain and suffering.
When the owners of a small zoo simply walked away from the animals because they were not making enough money, leaving the animals to starve, the court felt that they had not wilfully intended to starve the animals and the charge was dismissed.
When a man shot and killed a stray dog for no apparent reason, he could not be prosecuted because our inspector could not prove that the dog was kept for a lawful purpose, since no owner was ever found.
I respectfully submit to you that the Ontario and the Canada of the late 1800s are substantially different from the time we live in now, and the laws that rule and govern conduct must reflect current policy, current society, current needs, and current crimes. It would be a mistake to pass Bill S-203, and on behalf of the Ontario SPCA, I urge you not to pass this bill. Thank you.