A few years ago, the Alberta Ministry of Transportation sprayed synthetic wolf urine in selected areas of northern Alberta to keep caribou off of the highways. It didn’t work as planned, but it did keep the beavers out of the culverts.

So it goes with human interaction with animals – you can expect the unexpected.

Statistics show that in spite of the many and varied efforts of public officials to keep critters large and small off of roads – building fences and installing high-pitched whistles, for example – vehicles are colliding with animals in increasing numbers on Canada’s highways.

According to the British Columbia Conservation Society, vehicles and large animals collide on roads roughly every 10 minutes in Canada. Although such crashes happen year-round, they are particularly prevalent in the fall, a time when animals are most prone to exhibit erratic or aggressive behaviour due to the mating season and migration in preparation for winter.

Most animal-vehicle crashes are of the 3D variety; that is, they cause delays and damage, which, of course, costs dollars (not to mention injury and death to animals and drivers). The crashes can also have a legal impact, and it can save time and money – and in rare cases preserve one’s freedom – to know the law with regard to animal-vehicle accidents.

Across jurisdictions, it is illegal to use a vehicle with the intent to harass, injure or kill wildlife (Wildlife Act, R.S.A. 2000, c. W-10, s. 33(1)(b)) (Wildlife Act [RSBC 1996] c.488 s. 27(3)) (Wildlife Act C.C.S.M. c.W130).

The key is intent. Negligence alone – for example, speeding or not paying attention to the road with due care – will not result in a charge in most provinces, though it can be up to an officer’s discretion to charge a driver if he was negligent without intent.

In Saskatchewan, for example, negligence alone may be against the law. The Traffic Safety Act of Saskatchewan says no driver of a vehicle, when approaching any animal visible on or beside a highway or so close to the highway as to constitute a hazard, shall fail to reduce the vehicle’s speed or pass the animal unless it is safe to do so (Traffic Safety Act, R.S.S. c.T-18.1).

The penalties can be severe. In Alberta, for example, a driver can be punished with a $100,000 fine or up to two years in prison if circumstances indicated he intentionally hurt wildlife. Generally, however, the penalty is not so severe, especially for first-time offences.

To view this article in its entirety, go to page 44 of the Fall 2010 issue.
Click HERE to open the Media Rich pdf.