The Vancouver Police Board wants the federal government to add a provision to the Criminal Code of Canada that would make injuring or killing a police service animal a crime.

The request comes five years after Nitro, a Vancouver Police Department German shepherd, was killed Jan. 23, 2006 while trying to catch a suspected car thief.

The police board has submitted a resolution to the Canadian Association of Police Boards that will be voted on in August at a meeting in Regina. If adopted, the association would use the resolution to lobby the federal government to add a criminal charge that could be laid against a person who deliberately attempts to injure or kill a police animal such as a dog or horse.

“Police service animals are more than just tools for law enforcement agencies,” said a report from the Vancouver Police Department that went before the police board in March. “They are considered part of the law enforcement family; when one of them falls they are honoured much like a fallen officer. Canadian law recognizes the inherent risk that peace officers face and it should therefore also reflect the risk that these animals face.”

While a section of the Criminal Code contains animal cruelty provisions, the laws are limited in scope and are generally not used in cases where police animals are injured or killed, the report said.

Specific laws protecting police dogs and horses have been successfully enacted in numerous states in the United States, including Oregon, Nevada, Texas and Kentucky. In each state, the law carries potential jail time and monetary fines. “The laws address the killing of police service animals and most contain additional provisions for interfering with, harassing or otherwise teasing the animals,” the report said.

On the night of Nitro’s death, handler Const. Howard Rutter and Nitro followed two suspects in a stolen car to New Westminster from the area of Marine and Argyle in Vancouver.

The suspects fled their car on Front Street in New Westminster, which is next to a busy train yard that runs along the waterfront. One of the suspects jumped on a moving train. Rutter released Nitro who latched on to the suspect’s leg. “Witness accounts state that the suspect kicked his leg outwards and then swung it back towards the train,” the report said. “At this point, Nitro lost his grip and fell underneath the train where he was crushed and died instantly.”

No charges were laid related to Nitro’s death, although one of the men was charged with possession of stolen property over $5,000. Nitro and Rutter had been a team since April 1999. The dog, which lived with Rutter and his family, was scheduled to retire in June 2006.

The VPD held a memorial service for Nitro at the Seaforth Armouries, where then-police chief Jamie Graham delivered a eulogy. “Some may wonder why we grieve so hard over a trusting police dog,” Graham said. “It’s a special kind of grief and I for one do not feel guilty for the way I feel.”

The same year, Toronto Police Service horse Brigadier was struck during a deliberate hit-and-run incident. Brigadier was euthanized at the scene while the officer suffered serious injuries. The suspect was charged with dangerous operation of a vehicle causing bodily harm and failing to stop at the scene of an accident causing bodily harm.

The charges were related to the injuries of the officer.

mhowell@vancourier.com

Twitter: @Howellings