R v Boote, 1988 CarswellOnt 2983

Boote, an elderly breeder of trumpet swans, shot two dogs on his property that were near his swans. The dogs belonged to members of the community that he had previously warned to stay away. Instead, the dogs were loose and chased after a wolf. Accused is charged with pointing a firearm, killing a dog and wounding a dog. The accused breads trumpeter swans. He has had incidents of dogs killing the swans in the past. He has signs on his property telling people not to bring dogs onto his property. A couple was hunting coyote with with hunting dogs. The accused told them his issue with dogs on his property. He found the dogs near his swans. He shot and killed one dog and shot and wounded the other dog.

Judge found he had a defence under the Livestock and Poultry Protection Act as the dogs were straying and not under the immediate control of their owners.

Charged is dismissed, since the dogs were not under proper control and were in proximity to Boote’s swans. This gave him a legal entitlement to kill the dogs, to protect his fowl. Accused acquitted.