Blankenburg and his wife were camping at Rose Lake. A dog belonging to a fellow camper wandered onto his site. Blankenburg claims he thought he was about to be attacked, and yelled at the dog to run off. Enraged, he told the dog’s guardians that he would shoot the dog if it attacked him.
A woman called the RCMP for help in Old Crow, Yukon because the accused arrived at her house with a bottle of liquor and a puppy. He was drunk. He poured her a drink and picked up the puppy “stretched the neck and tail to the point where the dog squealed” and threatened the woman “or you will look like this” (if she didn’t accept the drink). She managed to get out of the house under the premise of getting firewood. He told her he would kill the puppy. She called the police. When they arrived they found the puppy burning in the stove. The autopsy revealed he had been killed by a severe blow to the head. The judge commented at page 603 “I do not think there is any culture, here in Old Crow or elsewhere in Canada, that suggests it is acceptable to treat animals in this way….”
Again, much discussion over the meaning of wilful and reckless
Case seemed to focus on technical wording; who was the "owner", what was "wilful", etc. Concluded there was negligence (in the civil sense) but not satisfied BRD that they "wilfully permitted to be caused unnecessary pain to the dog by failure to provide a suitably sized collar."
Dogs belonged to neighbour, and had been terrorizing the accused and her family for years; accused was remorseful; judge says not an act of cruelty but of "desperation"
Court focused on lack of food regarding four horses only because of evidentiary issues
Case turned on meaning of "malice" in old section; judge decided the actions were not malicious. Section cited is from previous version of the Criminal Code.
3 youths were drunk and one testified they stepped on the dog accidentally. Witnesses saw from a window, but it was dark.
This case involved the accused being in contempt of court. The accused was found to be in contempt during another trial. That trial was regarding the accused hitting and stabbing a police dog in the head with a screwdriver. He had been charged with break and enter and cruelty to an animal.