On the off chance that you haven't seen the results from the survey that was sent out to all the parties by ARPO - Advocates for Responsible Pet Ownership
Advocates for Responsible Pet Ownership Survey
1. Will your party strengthen the anti–cruelty laws of Nova Scotia by working with the Judicial Department to increase fines and sentences for those persons that are found guilty of animal cruelty and/or neglect?
Liberals: The Nova Scotia Liberals fought hard to strengthen the Animal Protection Act in the fall of 2008. Halifax Clayton Park Liberal MLA Diana Whalen proposed several changes during law amendments, including: strengthening the definition of distress (Section 21, Subsection 6), outlining a standard of care (Section 22), and the ability to impose harsher fines than the Bill originally put forth (Section 35). Liberals feel these changes will help to further guard against cruelty to animals.
PC: It is tragic to see some of the stories that appear on the news or that we hear about from animal advocates like the SPCA or shelters like Bide-A-While. It is amazing the torture some people will put an animal through.
Just last year, the PC Government introduced and passed a modernized Animal Protection Act. It is set to be proclaimed in the coming months. A number of changes and improvements have been made to the act to ensure the welfare of animals in the province. This updated law was in response to an incidence where dozens of cats and dogs were found living in squalor in Cape Breton.
We always talk about whether the punishment fits the crime and, largely, society feels it never does, regardless of the act committed toward any human. I expect it no different with animals. Nova Scotia was actually the first province in Canada to pass animal cruelty prevention legislation. It appears that in the context of other crimes, the provincial penalties seem adequate punishment.
Previously, under provincial law, there is a fine of no more than $5,000 for the first and second offences and in default of paying that, imprisonment of no more than six months. Fines and sentences subsequently increase for more than two offences.
In the Animal Protection Act, as passed in the House of Assembly, those fines are raised substantially. The section of the Act now reads:
35 (1) Any person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction
(a) for a first offence, to a fine of not more than ten thousand dollars and, in default of payment, to imprisonment for a term not exceeding six months, or to both fine and imprisonment;
(b) for a second offence, to a fine of not more than twenty-five thousand dollars and, in default of payment, to imprisonment for a term not exceeding six months, or to both fine and imprisonment;
(c) for a third or subsequent offence, to a fine of not more than fifty thousand dollars and, in default of payment, to imprisonment for a term not exceeding six months, or to both fine and imprisonment; or
(d) for a first offence involving harm to a law enforcement animal, a fine of not more than twenty-five thousand dollars and, in default of payment, to imprisonment for a term not exceeding six months, or to both fine and imprisonment.
(2) Where an owner of an animal is found guilty of an offence under this Act or the regulations, the judge may make an order restraining the owner from continuing to have custody of animals for such period of time as is specified by the court.
(3) A person who contravenes an order made by a judge pursuant to subsection (2) is guilty of an offence and liable to the penalties set out in subsection (1).
(4) A person who is found guilty of an offence under this Act with respect to an animal may be ordered by the court to pay the whole or any part of the cost of transportation, food, care, shelter or medical treatment provided to that
NDP: Yes.
2. Will your party work with the NS SPCA to build legislation that protects the quality of life of all companion animals in Nova Scotia - including those that are used for breeding and livestock purposes?"
Liberals: Our party has worked with several SPCA members in the past (including Sean Kelly, president of the NS SPCA in 2008) to ensure that proposed legislation has been strengthened. We are always open to meeting with the SPCA to further see how we may be able to improve existing legislation and support the organization.
PC: In Fall 2008, the PC Government passed the Animal Protection Act after a great deal of
consultation with all stakeholders.
The new act shifts responsibility for farm animals from the SPCA to the Department of
Agriculture. It will allow the SPCA to focus on the protection of non-farm animals. The act is scheduled to be proclaimed in the coming months.
The act also establishes an Animal Cruelty Appeal Board to hear appeals of animal seizures and investigation issues - an opportunity for individuals to have the seizure of an animal reviewed by an independent board in a timely manner.
NDP: The NDP supported the passage of the Animal Protection Act in November, 2008. Once there is sufficient experience with the Act and its regulations it will be possible for stakeholders to determine if further legislation is necessary to adequately protect companion animals.
3. Will your party push to have all municipalities enacting humane animal laws and require that BSL be rescinded in those municipalities that have enacted such legislation? (Breed specific legislation enacts punitive laws based on breed of dog rather then the actions of negligent owner’s regardless of breed or mix)
Liberals: Liberals feel that the rights of municipalities to make and enforce their own bylaws should be respected and do not see a role for the provincial government to lobby for changes at the municipal level. The Liberal party believes that it can be most effective protecting animals and safeguarding the rights of animal owners by introducing changes within its jurisdiction. An example of this was the changes to the Animal Protection Act our party put forward last fall (see question 1).
PC: The Nova Scotia Society for the Prevention of Cruelty opposes the establishment of Municipal by-laws that declare recognized breeds of dogs vicious or dangerous.
The SPCA believes that “inappropriate behaviour (e.g. aggressiveness) and controls, of which is the aim of the by-law, is more a product of lack of proper training and socialization both of which are the responsibility of the owner, than of breed characteristics. Demonstrated behaviour, not apparent breed type, forms a more appropriate basis for definition of an animal as vicious or dangerous.”
As I said in a questionnaire responded to during the 2006 election: I believe there is a half pass, half fail rate with this type of legislation across Canada. I'm not entirely convinced that by banning certain breeds would prevent dog attacks from happening. Other breeds can also demonstrate aggression toward people depending on the circumstances, how the dog was raised and treated itself. I think I'd be more supportive of legislation that addresses the causes of aggression rather than targeting the banning of specific breeds. This position, I believe, supports that of the SPCA’s mission as well.
NDP: The NDP will work with the Union of Nova Scotia Municipalities to develop model humane by-laws. The NDP does not support breed-specific legislation.
4. Will your party increase funding to the NS SPCA to facilitate the hiring and training of more cruelty investigators to adequately address the need? (Currently other provinces are increasing funding ex. N.B. & Que.)
Liberals: There are many not-for-profit organizations across the province doing excellent work and a Liberal government would strive to meet the needs of these organizations while recognizing that government must live within its means. To our knowledge, there has been no formal request made to increase funding to the SPCA. Our party would be open to meeting with the SPCA and discussing its needs.
PC: While our latest budget as tabled May 4, 2009, just prior to the election that was forced by the opposition parties, the PC Government announced $100,000 in funding to the Nova Scotia Society for the Prevention of Cruelty to Animals (SPCA). The funding is set in our budget to support the SPCA's work implementing the new Animal Protection Act. The act, passed in November 2008, designates the SPCA as responsible for the
enforcement of the companion animal portion of the act.
As our agriculture minister said at the time of the announcement, "The SPCA plays a significant role in assuring companion animals in Nova Scotia are protected and treated with the care they deserve. This funding will help the SPCA meet its obligations under the Animal Protection Act."
As noted above, the new act shifts responsibility for farm animals from the SPCA to the
Department of Agriculture. It will allow the SPCA to focus on the protection of non-farm animals. The act is scheduled to be proclaimed in the coming months.
Jim Kochanoff, treasurer for the provincial SPCA said of the announcement, "We are very pleased to receive this funding from the department as it allows us to focus on improving our investigation capability by providing our staff and volunteers with operational funding and additional training. As well, it allows us to adjust to our new administrative requirements and responsibilities under the act.”
Nova ScotiaJim Kochanoff, treasurer for the provincial SPCA said of the announcement, "We are very pleased to receive this funding from the department as it allows us to focus on improving our investigation capability by providing our staff and volunteers with operational funding and additional training. As well, it allows us to adjust to our new administrative requirements and responsibilities under the act.”
Nova Scotia was the first jurisdiction in North America to pass laws for the prevention of cruelty to animals.
NDP: The NDP has called for adequate funding to address the problem of cruelty to animals. However, Rodney MacDonald's Conservative government has put Nova Scotia in a difficult position. The Conservative government
enjoyed an historic revenue increase of $1.3 billion over the last three years. However, its 2009 budget is not only the last in Canada to be introduced, but the government also admits that it is already $260 million in deficit. That MacDonald deficit is there now, no matter who wins the next election.
An NDP government will endeavour to increase funding to the NS SPCA during the term of its mandate, but within the context of balancing the budget
5. Will your party support a province wide TNR (trap-neuter-release) program for feral cats?
Liberals: Animal control issues fall under municipal jurisdiction and a Liberal government would support local efforts to address this issue. Our party is concerned with the thousands of unwanted cats born each year and realizes the burden they place on the SPCA’s space and resources.
PC: Feral cats have always been an issue, but it has been highlighted recently in the media the efforts some individuals have taken upon themselves to treat humanely these colonies in an effort to allow them to live freely, but to help control the nuisance-factor they may cause which often gives these animals negative attention.
Pierre Fillatreault is doing a phenomenal service for about 40 cats in a Feral Cat Colony at the Dockyard area in Halifax. Obviously he carries the TNR service out of the goodness of his heart. Other individuals and groups around the province also do similar work with feral cats or simply through an adoption process. This is not an easy problem and will not go away. I believe we do need more support, which we help give to organizations such as the SPCA. But we also need more education for people to understand that pets are not a throw-away object, they are part of your family and must be treated that way.
By continuing our support for an organization like the SPCA, we are supporting their work in educating Nova Scotians about responsible pet care. We will also continue to work through the Departments of Agriculture and Natural Resources, with Municipal animal control or animal services divisions, animal rescue groups, trap-neuter-return groups, the SPCA and wildlife rehabilitation centres to advocate for the humane treatment of animals.
NDP: Yes.
