R v Bee & Wilson, 2014 BCPC 423

Wilson and Bee co-owned ‘Molly’, a shepherd/husky mix dog. Bee left Wilson with Molly when she moved out. Wilson pleaded guilty to failing to provide suitable and adequate food, water, shelter, and care for Molly. The report came in to the RCMP from a local school bus driver who said the dog was always tied outside with no food or water. When RCMP investigated initially, Wilson stated that the dog was being moved and that the dog was okay. Another complaint came in several days later and a different RCMP member attended, this time insisting on viewing Molly. Wilson attempted to sway this Constable as well who persisted and eventually was able to view Molly. Wilson admitted Molly had a collar stuck around her neck that he couldn’t get off (breathlessness). When the Constable viewed Molly it was noted that she was covered in her own urine and feces, the surrounding areas she resided in were also covered. A choke collar was embedded in Molly’s neck, and she was, as the vet described, in the worst case of emaciation or body weight. The collar had to be removed without anesthetic as the vet believed Molly would not survive it.

A pre-sentence report shows: Wilson has a previous criminal record, including one sexual assault conviction, and two physical assault convictions against his spouse. Wilson has limited intellectual capacities to deal with problems. He is unemployed and currently receiving support from the band of $235/month. He has a longstanding problem with alcohol and drugs and has been assessed in the low-average range of intelligence.

Mitigating factors include: Wilson’s showed remorse and pleaded guilty early on in the proceedings.

Aggravating factors include: Wilson’s deceit toward the constables, and that Wilson tried to avoid the examination of the dog by the constables; Wilson’s awareness of the problem with the collar and the conditions in which the dog was kept, and his subsequent failure to take action; Molly’s level and length of suffering.

The document attached only regarded the reasons for sentence for Wilson.