R v Galloro & Galloro, 2006 ONCJ 263

The accused were husband and wife (Mr. and Mrs. Galloro) who owned 17 dogs, one of which was in the late stages of pregnancy. OSPCA issued a compliance order to take the dog to a veterinary hospital for emergency treatment, and in the end, inspectors took the dog after the accused failed to comply.

They were both charged with wilfully failing to provide suitable food and care for this pregnant dog, under s.446(1)(a). Both were charged with causing suffering by failing to seek medical attention for the pregnant dog, under s.446(1)(c). Mrs. Galloro was also charged with wilfully causing suffering by cutting the dog’s ears, under s.446(1)(a).

Evidence shows that Mrs. Galloro was the sole caregiver who subjected the pregnant dog to long-term neglect and wilfully failed to provide dog with sustainable or adequate food and care despite being previously warned.

Mrs. Galloro admitted to intentionally cutting the dog’s ears with scissors to relieve what she thought was blood buildup in the dog’s head which caused seizures. Vet witness said the seizures were associated with pregnancy and there was no medical basis for cutting her ears. Both accused knew that immediate emergency veterinary care was suggested by a veterinary doctor and required by compliance order, and both continued and extended the dog’s suffering by refusing to bring the dog to emergency care. Mrs. Galloro willfully caused pain to the dog since she knew that cutting the dog’s ears was not necessary and had ready access to proper vet care.

With respect to the pregnant dog, Mrs. Galloro was found guilty on all three counts. Mr. Galloro was found guilty only on count two.

In regards to the other 16 dogs in their care, both were found guilty under s.446(1)(a).