The appellant, Brian Levy, was initially convicted in November 2021 of violating the Standards of Care for Cats and Dogs Regulations (Regulations), contrary to s. 21(2) and s. 22(b) of the provincial Animal Protection Act. The charges came about in response to a complaint lodged with the SPCA by someone who had responded to the appellant’s online ad offering puppies for sale and noticed one puppy bleeding from the leg.
The appellant was charged after an SPCA investigation due to inadequate shelter height, tethering time and tethering length violations that permitted distress to his animals, as well as failing to provide adequate medical care to a puppy with a leg injury. Evidence given at trial indicated that the appellant was aware of the seriousness of the puppy’s injury but stated to his wife that taking the animal to a vet “would be a waste of money” (para. 29). Two veterinary experts testified that had the puppy not been seized and provided antibiotics and other intervention for the wound, the puppy could have died.
In sentencing, lower court judge noted the consequences already incurred by the appellant after the seizure of 23 puppies and dogs and the financial loss that represented, as well as the emotional loss of losing the dogs. The sentencing judge reduced the animal prohibition order from the ten years that the Crown had initially requested, believing such an order was necessary to ensure no future violations of this nature as the accused held “strong views” about the care of dogs (para. 58).
The appellant filed an appeal, stating that the trial judge erred in confirming tether length and adequate medical care evidence supplied by witnesses and experts.
The Court noted the lower court’s restraint in fines and prohibition and determined that the initial sentence served the principles of denunciation and deterrence. Appeal was dismissed and the initial sentence of five-year prohibition, as well as $800 in fines and surcharges, was upheld.