Animal cruelty: Is jail a reasonable punishment?

Nova Scotia handed down its first jail sentence for animal cruelty earlier this month, after the man's second animal cruelty conviction. It follows recentjail sentences for cases inBritish Columbia and Ontario.

But when it comes to animal cruelty, what warrants jail time? And are there better alternatives? Finding a suitable punishment isa complicated sticking point for bothanimal law scholars and advocates alike.

Professor Vaughan Black, who teaches Animals and the Law at Dalhousie University, saidanimal crueltysentences in Canada have been getting harsher ... and that's included jail sentences.

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"Speaking as someone who thinks the law could do a lot more for animals, it's nice to see something happening," he said."It's a little frustrating that that's the only area in which there hasbeen any visible progress."

Black, who is also an advisor for Animal Justice Canada, said jail time can be a reasonable punishment. He thinks these harsher sentences are "bound" to have a deterrenteffect on would-be offenders.

Hoarding 'complex' to punish

But that all depends on the situation, with one possible exception beinganimal hoarding. Though it is aform of animal abuse, Black calls ita"complex" phenomenon.

"There is an open question as to whether animal hoarding is, at least in some cases, something that's more appropriately dealt with through mental health responses than the criminal law," he said.

Gary Patronek, an adjunctprofessor who studies hoarding at Tufts University in Massachusetts, said a hoarder'sintent can be very "fuzzy" and they often don't intend to hurt animals, like in other instancesof animal cruelty.

"I've had these conversations myself where I've stood in the doorway and there's dead cats on the floor or starving dogs and the person looks atthem just like you and I would be looking at your own pet," he said.

"They're completely oblivious to the fact of what's going on. They're not really trying to hide it. They look at it. They look at the same thing you and I see and they see something entirely different."

Restorative justice?

Patronek's focus is on preventing animal abusers from doing it again.Incases ofhoarding, Patronek thinks a restorative justice approach mightwork better to prevent further abuse thanjail time would.

The Nova Scotia SPCA said the recent 30-dayjail sentence in Lower Sackville, N.S., where Michael Cairns kept19 cats in poor conditions, was not an example of hoarding.

InvestigatorJo-Anne Landsburgsaid Cairns had someunspayed and unneutered cats that soon multiplied none of which he provided proper care to.

If you don't learn the first time, hopefully a jail term will correct that the second time.- Jo-AnneLandsburg, Nova Scotia SPCAinvestigator

Landsburg called it an "extreme situation" with awarranted sentencegiven it was hissecond animal cruelty conviction. "If you don't learn the first time, hopefully a jail term will correct that the second time. I think it's definitely appropriate."

Landsburg said no mental health issues were brought up during Cairns' defenceso an alternative sentence, like counseling, probably wouldn't have been considered.

"I think anybody that has been diagnosed and comes forth with that as part of a defence, I certainly think it should be taken into consideration and I would not oppose to a different type of sentencing for their particular conditions."

'The penalties are there'

Landsburg has also noticed that sentences have beengetting harsher, with more lifetime bans given out.

It's a consistent trend across the country, said the Animal Legal Defense Fund (ALDF), with provinces increasing fines whenthey adjusttheir legislation. The group puts out a list rankinganimal protection laws in each province and territory Nova Scotia fares well,rankingsecond best in Canada.

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Sophie Gaillard, theCanadian spokesperson for the ALDF, credits Nova Scotia's strong penalties with the high ranking. However, she thinks the punishments that are given outhaveto dependon the type of abuse. In puppy mill cases, a "fine may not be enough of adeterent."

"It depends on the nature of the mistreatment," she said.

Landsburg doesn't think jail is the answer in every animal cruelty case either, pointing out how bans can beeffective as they can prevent the offence from happening again.

"The penalties are there. It's just a matter of having those handed down," she said.

"I think this jail term is certainly a good indication of where the sentencing for animal cruelty charges is going in Nova Scotia."