SYNOPSIS
- Access to any Federal Government of Canada property or building is protected by the Canadian Human Rights Act.
- No Service or Guide Dog can be refused to enter any Federal Government property regardless of the Province that the property is located in.
Criminal Code of Canada
- It is a criminal offence to “without lawful excuse, kills, maims, wounds, poisons or injure…” a Service Dog. This law is the Justice for Animals in Service Act (Quanto’s Law). It was created in response to the death of a Police Dog but applies equally to any Service Animal:
- 445.01 (1) Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer’s duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member’s duties or a service animal.
- Quanto was an Edmonton Police Dog stabbed to death while chasing down a suspect in a parking lot. Paul Joseph Vukmanich was sentenced to 26 months in prison.
General Canadian Human Rights Act usage:
Canadian Human Right Commission (Supreme Court Decision)
It is only possible to challenge legislation specifically (such as challenging a Provincial Service Dog Act) if the Human Rights Act of the province specifically indicates that it is supreme, or paramount. Even with such a declaration, depending how Provincial Courts interpret this above decision, challenging legislation at a Human Rights Tribunal may not be possible. Challenges against the wording of legislation could then only occur at a costly Supreme/Superior court hearing.