The Criminal Code of Canada states: 

A person is breaking the law if:  ” For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering or injury was caused or was permitted to be caused wilfully, as the case may be.”

However, Stereotypies in animals does not necessarily correlate with poor welfare. When does the infraction of the law occur when stereotypies among farm animals are observed?

When stereotypies are expressed as a sign of high stress and pain (e.g. brain pathology), and if no care is given to ameliorate the conditions in which the animals are in, then the farmer is breaking the law.  However, when persecuting the farmer direct evidences need to be linked to the stereotypical behaviors, otherwise, charges cannot apply. So when evaluating the welfare of the animal the underlying cause of stereotypies is more important than the actual stereotypy.