N.B. justice minister calls for stronger animal protection laws

Justice Minister T.J. Burke is calling on the federal government to strengthen animal protection laws in the wake of a New Brunswick court decision that has outraged many pet owners.

Keith Barton of Minto killed five dogs with a hammer in April when SPCA officers went to his kennel to seize his 13 dogs. Judge Patricia Cumming acquitted him on Feb. 3 of killing the dogs, saying the evidence showed the dogs were rendered unconscious when they were hit with Barton's carpenter's hammer and therefore they did not suffer.

That ruling has riled SPCA volunteers and politicians to call for stronger laws.

'It seems that the range of situations covered in this section of the Criminal Code is incomplete, and warrants an examination.' —  T.J. Burke, justice minister

Burke said amendments must be made to the province's SPCA Act as well, but he's also calling on Ottawa to reform sections of the Criminal Code of Canada.

Burke said the way the Criminal Code is written now does not address "cruel and unusual injury causing death" to animals.

"It seems that the range of situations covered in this section of the Criminal Code is incomplete, and warrants an examination," Burke said in a statement posted on the New Brunswick government website.

Barton also hit a sixth Pomeranian but it did not die. He was found guilty of injuring that dog and also fined under the SPCA Act for failing to give proper care to his dogs.

The justice minister said the Barton case may cause pet owners to think they can kill animals for any reason as long as the animal does not suffer.

Shannon Walsh, a Fredericton SPCA volunteer, is rallying people who share her frustration with the current laws through a new website, a group on the social networking site Facebook and public events.

"I started speaking to people and began looking for information on what could be done to change animal cruelty laws. I realized very quickly that federal legislation was the root of the issue and the only way we could protect animals was to have new legislation passed," Walsh said in a statement.

MLA fielding dozens of complaints over weak laws

Oromocto Conservative MLA Jody Carr said he has received "a few dozen" complaints since Barton was acquitted on animal cruelty charges, which is he said is quite high for his riding. The only issue that has generated more complaints in recent years is about Agent Orange being sprayed at the Canadian Forces Base Gagetown.

Carr is organizing a public meeting on Thursday, where he hopes to outline the different options open to frustrated people who want to see the provincial and federal laws changed.

"I think many people have had that favourite dog or that favourite pet, so it touches peoples heart strings," Carr said.

"I think this issue has brought it over the top."

Carr said he's glad to see that the province's attorney general is echoing earlier calls for change by Fredericton Conservative MP Keith Ashfield, who is the minister of state for the Atlantic Canada Opportunities Agency.

The Oromocto MLA said there needs to be a better definition of property and domestic animals, so a person cannot kill an animal and avoid criminal responsibility.