It's an interesting question. I've never thought of it in quite that way. I'll just say this.
First of all, the way it's done under provincial law really is because there are so many orders issued under provincial law simply because most prosecutions involving animal cruelty—it's not technically animal cruelty, animal distress or whatever—are undertaken under the provincial provisions.
I would just start by saying one of the reasons for that is how ineffective the federal cruelty provisions are. Let's just leave that aside. Of course, the power to order a prohibition already exists in section 447.1. What we're talking about here is extending it mostly from that section to apply as well in situations of bestiality.
The interesting question is whether or not section 447.1 as it currently stands is constitutional. I'm not aware of any challenge that's ever been brought to this particular provision. My feeling is that it does reflect the general idea in our animal cruelty provisions right now that ownership of animals involves some degree of obligation. There is a duty to keep animals, even under the federal law, in a way that is safe from harm.
I think section 447.1 reflects that animals are not strictly property. That statement has been expressed numerous times in the jurisprudence by judges who recognize that there's a little bit more to it than that. There is certainly an obligation to animals in a way that doesn't exist for any other property.
Again, it's difficult to speculate on what would happen if a constitutional challenge were brought, but I do think that the obligation aspect of what exists in our federal cruelty provisions would be enough of a linchpin for the courts to say that it's more than just property. The prohibition goes to the idea that there are real vulnerabilities in existence here, which have a public dimension to them, going beyond the property aspect.
I guess the long and short of it would be, if this was only about property, then the federal government couldn't legislate on cruelty at all. I think that the public dimension of that is what allows the courts to do that. I think that public dimension would extend into the sentencing process involving prohibition orders. That would be my guess. Again, it's difficult to speculate, but that would be my guess.