Now, NP you being silly. I've seen celery react when you cut it, an experiment was done at university and the reaction was quite obvious. Do we band the cultivation of celery or all there veggies. have you heard or seen the sound that insects make when they are killed? Is it any different than their normal array of sounds?Im glad you have some empathy for an struggling animal. Have you seen insects struggle? Have you heard them? Yes they scream too, you just cant hear it, if you could maybe you'ld have some empathy for insects too. Have you seen the slaugher of a cow? Do you know what sounds it makes?
Now how about having some empathy for a human and what he is going through and the degree of frustration that brings on a rage against the raccoons.
If you think for a moment that the animal has more rights than the man you are part of the wrong species.
Lastly, this seems to be the only section that is relevant:
445.1 (1) Every one commits an offence who
(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
It was necessary to protect his property and his garden. No other measures were at hand, or are available from the city.
Now don't get confused here:
1) no one is saying go around smacking animals with your shovel, but there must be a viable alternative without a cost burden. The city falls short here.
2) Just because there is a law, doesn't mean the law is right or just, often many laws are short sighted and too open-ended missing the original intent and purpose of the law.
3) Have we really lost "the right of enjoyment of property" because we were all asleep and our government f* us up the ass?
http://www.jstor.org/pss/3229531
There are many ways of protecting his property other than waking them with a shovel. One effective suggestion was spreading cayenne pepper. I know that it works really well on big wild bears, better than bear bell bells and bangers so it would be very effective scattered around the garden