In Canada, section 160 of the Criminal Code makes it a criminal offence to engage in bestiality, which is defined in law as any contact, for a sexual purpose, with an animal (Criminal Code, R.S.C. 1985, c. C-46, s. 160). This modern definition was introduced on June 21, 2019, through Bill C-84, in direct response to the Supreme Court of Canada’s decision in R. v. D.L.W., 2016 SCC 22. In that case, the Court held that the pre-2019 definition of bestiality required penetration, leaving certain forms of sexual abuse of animals outside the scope of the offence.
Parliament amended the law to close this gap, ensuring that all sexual contact with animals whether or not penetration is involved is a criminal offence. This change reflects the seriousness with which Canadian society and the justice system view sexual abuse of animals, not only for the protection of animals themselves but also because such offences are often connected to broader patterns of sexual exploitation and violence.
What Constitutes a Bestiality Offence?
Bestiality is a hybrid offence, meaning the Crown prosecutor can elect to proceed either summarily or by indictment. The choice will depend on the seriousness of the conduct, the presence of aggravating factors, and the offender’s prior record. If the Crown proceeds by indictment, the maximum penalty is 10 years imprisonment. If prosecuted summarily, the maximum penalty is 2 years less a day, and the court can also impose fines or probation. The law is even stricter when the offence is committed in the presence of, or involves, a person under 16 years old.
Sentencing of Bestiality Offences
In those cases, Parliament has imposed mandatory minimum sentences of 6 months’ imprisonment on summary conviction and 1 year on indictment, with maximum sentences of 2 years less a day (summary) and 14 years (indictable). In addition to custodial sentences, the court can issue prohibition orders preventing an offender from owning, possessing, or residing with animals for a specified period sometimes for life in repeat or aggravated cases and can order restitution to cover veterinary bills or other care costs for the affected animal.
Canadian courts have treated bestiality cases with great seriousness, especially when there are aggravating factors such as the involvement of children, recording of the abuse, or prior criminal history. The Canadian Centre for Child Protection’s review of national case law found that most bestiality cases involved dogs and that a significant proportion also included child victims or the creation of images or videos for sexual purposes (C3P Case Law Review, 2019).
In R. v. Black, 2007 SKPC (Saskatchewan Provincial Court), the accused was convicted of multiple sexual offences, including bestiality and possession of child pornography. The court imposed a global sentence of 4 years, with 1 year attributable to the bestiality offence, noting the severe psychological harm caused to the child victim and the aggravating impact of recording the abuse.
In R. v. LMR, 2010 ABCA 292, the Alberta Court of Appeal upheld a 1-year custodial sentence for bestiality involving a very young child, emphasizing denunciation and deterrence as primary sentencing goals.
More recently, in R. v. Rowe, 2020 ONSC 5436, the court imposed a multi-year prison term and lifetime animal prohibition after the accused was found to have committed bestiality and produced videos for distribution online. These cases illustrate that courts across Canada consistently view bestiality as a serious criminal act warranting significant punishment.
Collateral Consequences of a Conviction
Convictions for bestiality can also have long-lasting collateral consequences. In cases involving minors or other designated offences, a conviction may lead to mandatory registration under the Sex Offender Information Registration Act (SOIRA), even though the law now gives judges some discretion in certain circumstances. Employment prospects, travel, and community reputation can also be permanently affected. Because the offence is tied closely to both animal cruelty and sexual exploitation, even first-time offenders face strong denunciatory sentences and restrictions.
If you are charged under section 160, it is important to understand that the Crown must prove both the physical act (actus reus) and that it was done for a sexual purpose (mens rea). Possible defences might include a challenge to the Crown’s evidence on contact or sexual purpose, raising doubt about identity, or excluding improperly obtained evidence through Charter motions.
Bestiality offences are among the most stigmatized and heavily prosecuted crimes in Canada, particularly where children are involved. The 2019 reforms ensure the law captures all forms of sexual abuse of animals, and sentencing practices show that courts will impose significant penalties to protect both vulnerable animals and the broader community.