The Current State of Cruelty Investigations

1. Ontario’s new legislation on animal cruelty investigation, Provincial Animal Welfare System (“PAWS”) Act, came into effect as of January 2020. Ontario government has taken over the investigation role from the Ontario SPCA, who had been responsible for the cruelty investigation for many years as a private charity[9].

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2. This change was a result of OSPCA withdrawing from the animal cruelty enforcement after the Ontario Superior Court decision in Bogaert v Attorney General of Ontario[10] declaring the OSPCA’s enforcement power under the provincial animal welfare law unconstitutional. By the time the Appeal Court overturned the decision[11], Ontario had already taken over the enforcement role[12].

3. As the first province in Canada, Ontario’s animal cruelty investigation is fully functioned by the public body[13].

4. Under the PAWS Act, the appointed Chief Animal Welfare Inspector oversees and enforces the legislation[14]. This government-run department has now steady funding and resources for law enforcement[15].

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5. The new law also brings:

1. Specialized investigators who will investigate zoos, aquariums, livestock and horses

2. Authorization to save pets left in cars in extreme weather conditions

3. 24/7 animal distress hotline

4. Transparency and accountability of the team, overseen by Auditor General, the Ombudsman, the Privacy Commissioner, and the provincial Freedom of Information laws[16].

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