Thursday, May 21, 2009

Not quite time to break out the champagne

The 2009 Canadian rating report by the ALDF, which is based in the states, has just been released and you might be surprised to find out that NS was rated in the 'top tier' Why did they do that?

Nova Scotia
Existing Strengths Potential Improvements
- Principal protections apply to most animals
- Range of protections
- Certain prohibitions apply to owners and
non-owners alike
- Penalties may include both fines and
incarceration
- Increased penalties for repeat animal
abusers
- Cost mitigation/recovery measures for
impounded animals: reimbursement of costs
- Warrantless entry & seizure of animals under
certain circumstances
- On-site inspection/supervision/monitoring
option
- Court may order disposition of animals prior
to judgment under certain circumstances
(including failure to pay for care/expenses of
seized animals, or if the owner is deemed
unfit)
- Court may order restrictions on future
ownership or possession of animals upon
conviction
- Immunity for assisting in the enforcement of
the animal protection laws
- Animal protection officers/inspectors have
certain law enforcement authority
- Better definitions/standards of basic care
- Mandatory seizure of mistreated animals
- Forfeiture of animals on conviction
- Mandatory restrictions on future ownership
or possession of animals following a
conviction
- Broader cost mitigation/recovery measures
- Increased penalties when crime committed
in the presence of a minor
- Increased penalties for offenders with prior
domestic violence offences
- Mandatory terms of incarceration for certain
offenders
- Mandatory fines
- Mental health evaluations/counselling
- Mandatory reporting of suspected animal
cruelty by veterinarians and select nonanimal-
related agencies
- Duty of peace officers to assist in the
enforcement of the animal protection laws
- Prohibitions on training or permitting animals
to fight
- Prohibitions on possession of animal fighting
equipment or structures

Its really important to remember three things about this report:
  • it doesn't mean our laws are perfect ..... only that they are .... from a legal analysis perspective, better than some other provinces
  • it doesn't include breed specific legislation at all, without which there can be no meaningful discussion
  • and it certainly doesn't include either the availability of resources to enforce the law or the track record of appropriate penalties awarded for cases that have been successfully prosecuted.

In other words, this report is like any other... it has to be taken in the context which it was written. Does it mean we have perfect laws? Does it mean there is no room for improvement? Of course not. It simply highlights the national priorities in in a country where the federal government devotes more resources to propping up elderly politicians when they flout the law. At the end of the day, the report exists to point out that there are still substantial differences in the animal cruelty legislation between the provinces.

I know I sound like a stuck record, but there is never any meaningful change made anywhere without strong voter feedback. Campaigning politicians are more wary of making commitments than the most determined bachelor .... and what makes a report like this dangerous is that it gives them an official sounding "out" when they are queried about animal welfare issues.

At the end of the day, we still need :

  • changes in the federal criminal code to stop the "its my property and I can do want I want with it" defenses
  • provincially, we still need everything from a good Puppy Mill law to better funding for investigations and low cost spay neuter , and of course
  • on a municipal level we need protection and funding for the ferals and guarantees that BSL will not rear its ugly head anywhere in NS

Small children explain their misdeeds by first pointing out how badly some of the other youngsters did.

What time is it? Its time to read between the lines.... or in this case read the darn report.... before breaking out the champagne and allowing something like this to let our politicians off the hook.

The full report can be found at http://www.aldf.org/downloads/ALDF2009CanadianRankingsReport.pdf

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