R v Habermehl, 2013 CarswellAlta 570

Accused charged with wilfully causing unnecessary pain, suffering or injury to a cat contrary to s. 445.1(1)(a). Accused denied charges and pled not guilty. Accused lived with girlfriend who was owner of cat. At dissolution of relationship girlfriend left apartment while accused packed belongings. When girlfriend returned she noticed that cat had extreme swelling on side of body and was distressed. Had to surrender cat to SPCA for treatment and cat had to be euthanized. Upon necropsy, Dr determined that cause of injury was blunt for trauma. Court ruled that accused had exclusive opportunity to cause injuries to cat and that the injuring was wilful, intentional and reckless. Court is satisfied beyond a reasonable doubt that accused caused injuries to cat which caused unnecessary pain and suffering. Guilty as charged.

R v Labonte, 2014 ABPC 153 (CanLII)

Accused was a 19-year-old employee of a dog daycare. He brutally beat a 5-month-old boxer until he vomited blood. The dog had no lasting or permanent injuries.

R v Gerling, 2013 BCSC 2503 (CanLII)

Gerling operated a chihuahua kennel. The dogs under his care were poorly groomed, inadequately cared for, and required serious eye and dental treatment.

R v Cunningham and Whiffen, 2011 BCPC 0358

Cunningham worked on Whiffen’s farm and looked after the horses. Whiffen acquired a horse for his children to ride. When the horse became emaciated and was not able to eat properly, a decision to euthanize him was made after a consultation with a veterinarian. Whiffen hanged the horse by hanging him from an excavator.

R v Marohn, 2012 BCPC 199

Marohn was a vet. At the time of the incident he had undergone a serious injury (quadriplegic but now with better mobility), he had severe financial issues, could not afford food for himself or the horse, was separating from his wife, and had some mental health issues. No restitution due to financial circumstances of Marohn. Judge determined jail term unnecessary b/c of media coverage, delays in trial, having a criminal record is already substantial – emphasized importance of stigma, quoted SCC.

R v Tremblay, 2012 BCPC 410

Defendant hit the dog, “King”, with his open hand and with a dish as well as striking the dog , including blows with the hammer to its head and body. Mr. Tremblay sprayed a substance into the dog’s face and appeared to rub the substance into the dog’s eyes. The judgment seems to suggest if Crown had proceeded by way of indictment, might have imposed a longer jail term although not criticizing Crown’s decision to proceed by summary conviction. Might have been longer than 6 months except 1) Crown asked for 6 months; 2) Comparison to similar cases (Connors and Munroe)

R v Marohn [2012,], Surrey, BCPC 199, File No. 172409-2 (BCPC)

Accused is veternarian and horse-owner. After accident, he has medical issues, including memory lapses, depression and cognitive difficulties. Mitigating factors: accused has served society through service in military and volunteering vet services in past, also destitute, there was a co-accused, and SPCA maybe should have acted sooner

R v Marohn, 28 March 2012, Surrey, BCPC 198 (BCPC)

Several horses were thin and a necropsy performed on one of Marohn’s horses after it was euthanized determined that the horse was emaciated due to lack of food and nutrition. Marohn was in dire financial straits but did not accept the SPCA’s offer to take four of the horses. His efforts to find alternative locations for the horses were not commensurate with the seriousness of the situation.

R. v. McConkey, 2008 ABPC 37

McConkey’s dogs were severely matted, had irritated skin and dental problems, as well as other health issues. She failed to arrange proper treatment for their afflictions.

R. v. Carter, 2006 ABPC 341

Carter’s farm was variously described as a ‘disaster’ and a ‘hazard zone.’ Her animals were severely neglected. There was debris, junk, and faeces scattered all across her barn. There were corpses of a dog, a chicken, and four rabbits. Some of the stalls contained faeces up to a metre high. Her foals were caked in faeces, flakes, and scales. One of them had died and was left to rot in a tiny stall. Her horses were deprived of adequate food, shelter, and water.