R v Elliott, 2009 NSPC 5

Elliott operated a farm with a herd of about 75 cattle in adequate conditions, but SPCA located about 23 dead cattle carcasses on his property. Elliott claimed he could not sell any cattle due to contamination by military aircraft that flew over his property. Elliott was hoping that the Department of National Defense would compensate him for the contaminated cattle. The SPCA provided hay for Elliot’s cattle and advised Elliot to reduce the size of his herd. It became clear that the accused was waiting for all but a select few of his cattle to die. Some months later the SPCA seized 138 cattle and euthanized those that were unable to survive.

It was found that the accused failed to provide adequate food, water, shelter, and care for his cattle. Elliott decided on a course of action that willfully caused unnecessary pain, suffering, and injury to his cattle. He was found to be the owner of the cattle, and was solely responsible for their well-being, which he conceded in many letters he wrote to the SPCA. Elliott failed to provide any evidence of testing to show contamination of his cattle, and the neighbouring farm had not suffered from the alleged contamination problems. Thus, Elliott was found guilty on both counts.

Accused found guilty.