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Marginal note:Fraudulently taking cattle or defacing brand

• 338 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

  • (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or

  • (b) fraudulently, in whole or in part,

    • (i) obliterates, alters or defaces a brand or mark on cattle, or

    • (ii) makes a false or counterfeit brand or mark on cattle.

• Marginal note:Punishment for theft of cattle

  (2) Every person who commits theft of cattle is guilty of

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• Marginal note:Evidence of property in cattle

  (3) In any proceedings under this Act, evidence that cattle are marked with a brand or mark that is recorded or registered in accordance with any Act is, in the absence of any evidence to the contrary, proof that the cattle are owned by the registered owner of that brand or mark.

• Marginal note:Presumption from possession

  (4) Where an accused is charged with an offence under subsection (1) or (2), the burden of proving that the cattle came lawfully into the possession of the accused or his employee or into the possession of another person on behalf of the accused is on the accused, if the accused is not the registered owner of the brand or mark with which the cattle are marked, unless it appears that possession of the cattle by an employee of the accused or by another person on behalf of the accused was without the knowledge and authority, sanction or approval of the accused.

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2 In this Act,

cattle

cattle means neat cattle or an animal of the bovine species by whatever technical or familiar name it is known, and includes any horse, mule, ass, pig, sheep or goat; (bétail)

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553 The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information

• (a) with

  • (i) theft, other than theft of cattle,

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487.04 In this section and in sections 487.05 to 487.0911,

secondary designated offence

secondary designated offence  means an offence, other than a primary designated offence, that is

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• (c) an offence under any of the following provisions of this Act:

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  • (viii.22) section 338 (fraudulently taking cattle or defacing brand),

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