Are Pythons legal?
The short and simple answer is no. Section 3(B)(iii) of provincial legislation prohibits pythons without a license.
Can you provide the legislation documentation to back that up?
Pythons aren't mentioned, plus aren't they different?
Presently, there are two main classification systems used to classify these families of snakes. One lists them as a separate family while the other lists them as a sub-family of the Boidae family. Since 1890, the Boulenger classification considers this group to be a subfamily (Pythoninae) of the family Boidae (boas). In 1999 the McDiamid classification system has them listed as their own family(Pythonidae).
MYTH
Pythons were reclassed to be their own family. |
TRUTH
Pythons can be classified either way, depending on the system in which one chooses to subscribe. |
Can I subscribe to the system that classifies them separate?
While you are free to subscribe to any belief you like, this does not make ownership legal. Just like disagreeing with any law, you are still expected to follow the laws set forth by legislation to protect the public from the dangers of large snakes. The law-makers of 1983 fully intended that to include both boas and pythons and not just boas, and as such used the classification system that includes Pythoninae as a sub-family of the family Boidae allowing them to legally cover both groups with the single family "Boidae". Subscribing to the separate family classification system you would be suggesting that the ordinance (as written) would not require Retics, Burmese and African Rock pythons to not be prohibited, along with ball pythons. This clearly contradicts the intended purpose of the legislation.
Could I challenge this is court?
Many have, and all have lost. Laws can be interpreted many ways from how they were worded. You can interpret them any way you wish. In our judicial system, the person who is tasked in officially interpreting the laws is a Judge by very definition. Judges are impartial decision-makers that use legislation to make rulings. In the case of you vs. the provincial government, the government has the trump card. Built into legislation is the "Interpretations Act". This is used when laws are written with old language, terminology, or accuracy and come into question in modern times. The Interpretations Act is used by the courts to reference archived meeting minutes and documentation ( even verbal testimonies from authoritative figures) from the time the laws were written.
What would happen if I was caught?
For anyone caught with a prohibited species, and this does not apply just to snakes, but could apply to everything from a deer to a bat to an Ord’s Kangaroo Rat, the provisions of the Wildlife Act allow for fines up to $1,000,000, but obviously that would be rare. Depending on what specific charge was laid against the suspect, and depending on the source of the prohibited species, I would suggest most fines would be in the $500 to $2,000 range, with an automatic suspension of hunting rights.
If the animal had been imported from out of country, the penalties could be much more severe, as Federal legislation may be applicable as well.
With respect to what happens to the snake/ animal: yes, it would be seized/confiscated from the owner (with no compensation). The usual procedure is to have a veterinarian examine the snake for health issues. ( many snakes have been found to be in poor health). If not healthy, the snake would be euthanized. If the snake is healthy, attempts to find a home for the snake with a location that can legally possess the snake (perhaps out of province, or a zoo, research facility, etc) begin.
If the animal had been imported from out of country, the penalties could be much more severe, as Federal legislation may be applicable as well.
With respect to what happens to the snake/ animal: yes, it would be seized/confiscated from the owner (with no compensation). The usual procedure is to have a veterinarian examine the snake for health issues. ( many snakes have been found to be in poor health). If not healthy, the snake would be euthanized. If the snake is healthy, attempts to find a home for the snake with a location that can legally possess the snake (perhaps out of province, or a zoo, research facility, etc) begin.