OTTAWA - A 2016 Supreme Court of Canada ruling on bestiality has been used by some on social media to claim sex with animals is legal in Canada. This is false. Canada has long had laws against bestiality. The Criminal Code was amended in 2019 to add a definition of the crime, clarifying that it involves any contact for a sexual purpose between a person and an animal.
Even so, Twitter accounts continue to say sex with animals is in Canada.
Online claims touting bestiality as permissible often retweet British of the Supreme Court of Canada from seven years ago as if it were a new article.
"Canada has just ruled that most bestiality is legal," reads the . "The Court left it up to Parliament to better define the term."
Rating: False
In its 2016 ruling, the top court said the crime of bestiality was narrowly defined as penetration involving a person and an animal — meaning it did not cover other forms of sexual activity.
At issue in the case was whether updates to the Criminal Code in 1955 and 1988 altered the long-standing definition of the crime.
“The term 'bestiality' has a well-established legal meaning and refers to sexual intercourse between a human and an animal," on behalf of the majority in the 6-1 ruling. “Penetration has always been understood to be an essential element of bestiality.”
Cromwell found nothing in the legislative evolution and history that indicated a change in meaning.
“Parliament may wish to consider whether the present provisions adequately protect children and animals. But it is for Parliament, not the courts, to expand the scope of criminal liability for this ancient offence."
Cromwell was careful to add it didn't mean that all sexually exploitative acts with animals that did not involve penetration were perfectly legal. He noted there were other provisions in the Criminal Code that could protect children and others from such sexual activity with an animal.
Still, in response to the ruling the Liberal government introduced legislation in 2018 to clearly define bestiality as involving any contact with an animal for a sexual purpose. It also allowed a court to make an order prohibiting an accused person from owning or living with an animal.
"These amendments will increase protections for children and other vulnerable individuals who may be compelled by another person to commit or witness sexual acts with animals," at the time. "They will also better protect animals from violence and cruelty."
The legislation received royal assent in June 2019.
Passage of the law has not deterred Twitter users from plainly stating that bestiality is legal in Canada, sometimes the Trudeau government as the reason.
ɫֱ law prohibits sexual activity of any kind with an animal
The 2019 amendments brought clarity to the Criminal Code provision by filling the legislative gap identified by the top court.
"Any sexual act is now outlawed in Canada between a human and an animal," said , a Vancouver animal law lawyer and educator.
Mistreatment of animals is rooted in their historical legal standing as mere property, she said in an interview.
"That actually informs how people treat animals to this day, and why we have so much animal cruelty rampant."
Shroff noted that upon introducing the Criminal Code amendments, Jody Wilson-Raybould, federal justice minister at the time, said animals are an important extension of our families and communities, and that laws need to reflect these values.
"I like what she said," Shroff said. "I think this is one of the best things that she did in her term."
Sources
Claims that bestiality is legal in Canada can be seen on Twitter (), (), and ().
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This report by ɫֱwas first published June 16, 2023.
- This article was updated on June 26, 2023, to add a link to the 2016 article from the Independent, fix a broken link and add an archive link to the legislative summary.
