R v Camping, 2007 BCPC 323

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Hoarding,
Animal: Dog,
Type of Distress: Unsuitable living conditions; neglected injuries and infections; insufficient water and food
Sentence: (1) Prohibition from owning any animals for 5 years; (2) Lifetime prohibition from owning more than two animals at a time
Legal Issue:

A SPCA employee observed dogs that were in severe distress on Camping’s property. Some of the dogs were missing fur; one seemed to be infected with parasites. The skeletal remains of a bovine were scattered in the kennel area. There was no food, and almost no water, available to the dogs being kept within Camping’s kennels. The SPCA seized the dogs under the PCA.

Link: https://canlii.ca/t/1t691
R v Camping 2007 BCPC 323

Camping v BCSPCA, 2006 BCSC 1640

Statute: SPCA Act (BC),
Section: 11
Province or Territory: British Columbia,
Offence: Hoarding,
Animal: Dog,
Type of Distress: Unsuitable living conditions; neglected injuries and infections; insufficient water and food
Sentence: (1) Seizure of animals by SPCA was justified; (2) Petition for judicial review is dismissed
Legal Issue: Procedure (Warrantless seizures),

A SPCA employee observed dogs that were in severe distress on Camping’s property. Some of the dogs were missing fur; one seemed to be infected with parasites. The skeletal remains of a bovine were scattered in the kennel area. There was no food, and almost no water, available to the dogs being kept within Camping’s kennels. The SPCA seized the dogs under the PCA. This is a challenge that the SPCA’s seizure of the animals was invalid.

Link: https://canlii.ca/t/1pxlf
Camping v BCSPCA 2006 BCSC 1640

R v Bunker & Kuberski, 2010 BCPC File 28530-1

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Hoarding,
Animal: Exotic,
Type of Distress: Most of animals kept in outbuilding with no ventilation, feces piled up in cases and no water. Coatimundi being kept in dog crate and had chewed its own paws.
Sentence: (1) $700 fine ($350 each); (2) 2 years probation
Legal Issue:

Blake v BCSPCA,1987 B.C.J. No 1700

Statute: SPCA Act (BC),
Section:
Province or Territory: British Columbia,
Offence: Hoarding,
Animal: Cat,
Type of Distress: Cats were in poor body condition; hoarding situation. 0f 89 cats seized, BCSPCA euthanized 61.
Sentence:
Legal Issue: Procedure (Warrantless seizures),

Blake claims damages for trespass, breach of statutory duty, loss of property, mental suffering and punitive damages; Society applies to dismiss claim.

Application granted-claim dismissed: officers acted in good faith in seizing, destroying and holding remaining animals.

R v Bennett & Kurenka, 2006 BCPC

Statute: SPCA Act (BC),
Section:
Province or Territory: British Columbia,
Offence: Hoarding,
Animal: Bird, Exotic, Fowl, Horse, Pig, Rabbit, Rodent,
Type of Distress: Deplorable living conditions; some monkeys lived in tiny cages knee-deep in excrement. Badly neglected and abused. 5 animals had to be immediately euthanized.
Sentence: Probation, 10 year prohibition against owning animals, with certain animals exempted
Legal Issue:

R v Wood, 2008 BCPC File 85156-K-1

Statute: SPCA Act (BC),
Section:
Province or Territory: British Columbia,
Offence: Abuse,
Animal: Cat,
Type of Distress: Beating
Sentence: (1) 30 day jail sentence; (2) Prohibition from owning animals for 1 year
Legal Issue:

R v St Arneault, 2009 BCPC

Statute: SPCA Act (BC),
Section:
Province or Territory: British Columbia,
Offence: Abuse,
Animal: Cat,
Type of Distress: Owner botched attempted home neuter
Sentence: (1) 32 hours community service; (2) Prohibited from owning companion animal for 5 years; (3) $628.31 restitution; (4) counselling
Legal Issue:

Elastic band around cats testicles, infection resulted; man has stunted mental development

R v Mastin, 2007 BCPC 179

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Abuse,
Animal: Dog,
Type of Distress: Dog found wandering without leash; Dog hit in head and back of the neck causing soft tissue damage and pain
Sentence: 3 years probation
Legal Issue: Sentencing,

Mastin, a self-described “animal lover” whose personal life went off the rails, assaulted an animal shelter employee by twisting her hand to give up a leash that held his dog. He then violently beat his dog several times, causing him to suffer a soft tissue injury and pain.

3 years probation [The sentence imposed was in conjunction with an assault on an animal shelter employee. Court not clear whether sentence imposed is under Criminal Code or SPCA]

Link: http://www.canlii.org/en/bc/bcpc/doc/ 2007/2007bcpc179/2007bcpc179.html

R v Han, 2010 BCPC File 71529-1

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Abandonment, Abuse,
Animal: Bird, Cat,
Type of Distress: Excessive force "during grooming": kitten with a severe head trauma, fractured rib, extreme neck and abdominal pain, fever, dermatitis and a broken tooth
Sentence: Lifetime ban from owning or caring for any animals
Legal Issue:

R v Elliott, 2011 BCPC File 101347

Statute: SPCA Act (BC),
Section: 24(1)
Province or Territory: British Columbia,
Offence: Abuse,
Animal: Dog,
Type of Distress: Dragged dog with vehicle
Sentence: (1) 90 days contitional sentence with first 30 days being house arrest; (2) 5 year prohibition from owning animals (3) Restituation to rescue agency $2100.00
Legal Issue:

Elliott dragged a dog with his vehicle, causing lacerations, skin torn down to the bone, pads of feet torn off.