R v Apeldoorn & Apeldoorn, 2007 BCPC File 51383-2C

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Neglect,
Animal: Cattle,
Type of Distress: Left 4 8-month old calves outside without shelter/protection from weather and sharp-edged farm equipment lying on the ground in area.
Sentence: Prohibition from owning any livestock for 1 year
Legal Issue:

R v Anthony & Anthony, 2010 BCPC

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Neglect,
Animal: Dog,
Type of Distress: failure to provide adeqaute shelter and medical treatment
Sentence: $1000 fine, 24 month animal prohibition
Legal Issue:

Malnourished, parasites, emaciated, open wounds and masses on body; unsuitable living conditions.

Charges against Deanna stayed, Gus pled guilty. Sentence: $1000 fine, 24 month animal prohibition.

R v Stevens, 1999 BCPC File 57274-01

Statute: SPCA Act (BC),
Section:
Province or Territory: British Columbia,
Offence: Killing, Neglect,
Animal: Cattle,
Type of Distress: Extreme neglect; Cattle and calves found dead on property
Sentence: (1) $1500 fine plus victim surcharge; (2) Prohibition from owning any animals for 2 years
Legal Issue:

R v Smith, 2007 BCPC File 13782-1

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Killing, Neglect,
Animal: Dog, Fowl, Goat, Horse,
Type of Distress: Dead, sick, emaciated and injured animals in care. Dead fowl and puppy found dead in home. 2 emaciated goats euthanized.
Sentence: Lifetime prohibition form owning livestock
Legal Issue:

R v Smith, 2011 BCPC File 103173

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Killing, Neglect,
Animal: Dog,
Type of Distress: Mother and 5 pups in very poor condition
Sentence: (1) Prohibition for 3 years; (2) 25 hours community service
Legal Issue:

Female pit bull dog gave birth to 7 pups- owner surrendered all animals to SPCA 3 days later. No medical attention was given to any of the animals by the owner. Eventually all puppies died and the female took a number of months to rehab and adopt.

R v Russo, 2012 BCPC File 4801: 76089-1

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Killing, Neglect,
Animal: Dog,
Type of Distress: Dog's broken leg left untreated results in required euthanasia
Sentence: (1) $500 fine; (2) $286.70 restitution; (3) $300 donation to BCSPCA
Legal Issue:

Dog was hit by car. Owner did not take dog to vet. After one month, dog was seized and taken to vet. Would require amputation at that point, and dog too old.

R v Peters, 2007 BCPC File 50874-1

Statute: SPCA Act (BC),
Section:
Province or Territory: British Columbia,
Offence: Killing, Neglect,
Animal: Dog,
Type of Distress: Poor body condition: skin condition, ear condition, eye condition, thin; dog euthanized due to long term, chronic illness/infection to relieve on-going distress
Sentence: (1) Prohibition from acquiring any new domestic animal for 5 years; (2) Take current dog to veterinarian once a year and report to SPCA each year for 5 years
Legal Issue:

Owner was requested to attend veterinarian verbally, by written order, and failed to comply. The dog’s condition did not improve from any treatments the owner may have been giving at home.

R v Morris, 2009 BCPC File 43577-2-KA; 43602-1-K

Statute: SPCA Act (BC),
Section:
Province or Territory: British Columbia,
Offence: Abuse, Killing,
Animal: Other,
Type of Distress: Decapitating ferrets
Sentence: 6 month jail sentence
Legal Issue:

BCSPCA v Montroy, 1997 BCSC File 1012 S037716

Statute: SPCA Act (BC),
Section: 14 (now s. 9.1)
Province or Territory: British Columbia,
Offence: Killing, Neglect,
Animal: Dog,
Type of Distress: Dog found in dumpster in plastic bag; suffering from acute and chronic medical problems resulting from long period of neglect
Sentence:
Legal Issue: Procedure (Warrantless seizures),

Dog’s owners claimed dog; want him returned; SPCA filed a Writ and Statement of Claim for custody of dog and costs, and a Notice of Motion applying for custody on an interim basis under section 15.

Application allowed (dog not returned to owner).

Link: http://www.lexisnexis.com/ca/legal/results/docview/docview.do?docLinkInd=true&risb=21_T17603284969&format=GNBFULL&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T17603284973&cisb=22_T17603284972&treeMax=true&treeWidth=0&csi=281010&docNo=1

Marshall v BCSPCA, 2007 BCSC 1750, WL0716213

Statute: SPCA Act (BC),
Section: 11, 12, 13
Province or Territory: British Columbia,
Offence: Killing, Neglect,
Animal: Horse,
Type of Distress: Caused or permitted animal to be or continue to be in distress: underfed horses with no shelter or shade from sun; one horse's injury was not properly cared for and required euthaenasia when taken into custody of BCSPCA
Sentence:
Legal Issue: Procedure (Warrantless entry/searches), Procedure (Warrantless seizures),

Petitioners applied for judicial review of BCSPCA’s decision to seize their horses, and not return the surviving ones. This application was denied because the evidence was clear that the petitioners, due to injury or health, poverty or inability, were unable to care for the three horses. Horses remain in BCSPCA custody.

Application for JR denied; Search and seizure of animals was lawful; Rules of natural justice were followed; Horses should remain with SPCA, who are free to dispose of them.

Link: https://canlii.ca/t/1v2fv
Marshall v BCSPCA 2007 BCSC 1750