Earlier this year, two Winnipeg residents were charged after graphic videos surfaced showing acts of animal abuse.
And while the cruelty itself is illegal under Canada’s Criminal Code, the case is now raising questions about whether distributing or selling those kinds of videos should be considered against the law.
Manitoba animal advocacy group Animal Justice says most Canadians would be surprised to learn that within the Criminal Code, the distribution or sale of so-called “animal crush” or torture videos is legal, if they are not sexual in nature.
“In the case in Winnipeg we knew exactly who did those horrific acts and they were charged, but in many of these videos you can’t see the face of the perpetrator, so by having this loophole we are leaving animals really vulnerable to abuse and law enforcement without the tools necessary to address these situations,” said Kaitlyn Mitchell, the director of legal advocacy with Animal Justice.
Under federal law, willfully killing, maiming, wounding, poisoning or injuring an animal without lawful excuse can carry a maximum penalty of five years in prison.
In a statement to CityNews, the Department of Justice confirms the Criminal Code does not contain an offence that directly targets distributing or selling these types of videos. But the department went on to say it is exploring how best to strengthen the law’s response to this conduct.
“It is illegal in other places like the United States,” Mitchell said. “It’s not completely unheard of to pass this law. It’s a conversation we haven’t yet had in Canada.”
Animal Justice has submitted a brief to the House of Commons Justice Committee, urging lawmakers to amend Bill C-16, a bill that would criminalize distributing bestiality videos.
“Not all of these videos fall under that category. They aren’t sexual in nature; they’re just straight up torture. The thing is, this is a window of opportunity. You have a bill there, all we need to do is tweak the language in one small part to make sure all torture videos are caught,” Mitchell said.
