Sex acts with animals are legal in Canada, so long as there is no ‘penetration’ involved, according to a surprise ruling issued by the Supreme Court.
This was the decision of the Court in its ruling on a case involving a British Columbia man convicted of 13 counts of sexually assaulting his stepdaughters – including one count of bestiality.
But the man, identified only as “DLW”, was acquitted of the bestiality count by the Court with the new ruling.
DLW’s attorneys argued that bestiality linked to “buggery” – or sodomy – with animals beginning with an 1892 criminal code. Bestiality was first used in a 1955 code, but still was not defined to encompass every sex act with animals.
“Although bestiality was often subsumed in terms such as sodomy or buggery, penetration was the essence – ‘the defining act’ – of the offence,” the court said.
Thus, the court ruled by a 7–1 majority that bestiality required penetration. “There is no hint in any of the parliamentary record that any substantive change to the elements of the offence of bestiality was intended,” the ruling reads.
According to court record DLW smeared peanut butter on the genitals of his victims and had the family dog lick it off while he videotaped the act.
Court documents disclose that DLW attempted to have the dog perform intercourse on the stepdaughter, but that ultimately failed. DLW is serving a 16 year prison sentence.
He however brought the bestiality conviction to the court on appeal.