BC SPCA received a cruelty complaint of a dog tied by a choke chain (breathlessness).
When officers arrived, they observed a metal chain embedded in the dog’s neck with an oozing wound. There was a putrid smell emanating from the wound.
Elliott was instructed to take the dog to the vet immediately. Elliott signed custody of the dog over to the BC SPCA due to lack of funds.
Elliott was found guilty of Section 24(1) continuing to allow an animal to be in distress.
This case is significant as it is one of the first tethering cases that resulted in a conviction in British Columbia. Mitigating factors included that Elliott is First Nations. It was a joint sentencing submission and the judge noted that if it had been up to him, he would have imposed a different (higher) sentence.