The accused was the owner of a pet pup which he kept chained in the backyard with a four-five foot heavy chain. He had a dog house, was on a chain, could be found on a concrete stoop, and had a dish for food (not usually filled with dog food). Amorim’s neighbours complained to the SPCA about the excessive barking coming from the yard. The neighbours found the barking to be abnormal, describing the sounds as: howling, whimpering, whining, crying, hysterical, painful, plaintive, agitated and distress-like. Dog was seized.
Court adopted a definition of suffering [para 2] that meant “to undergo, suffer, endure pain or distress etc.” Adopted the definition of unnecessary in Menard and he was convicted.
Amorim was found guilty of allowing his dog to suffer.