Decision following 14-day trial. Gerling operated a chihuahua kennel. The dogs under his care were poorly groomed, inadequately cared for, and required serious eye and dental treatment. BCSPCA attended the kennel multiple times, citing infractions and making orders to remedy issues. Events took place between March 200 and February 2011.
Accused claimed Charter breaches of s. 7 and s. 8 for over-seizure of the animals, but these arguments were not accepted.
Judge cited R v Clarke (2001 NLPC) and R v Hughes (2008 BCPC) to conclude that the Crown does not have to prove subjective foreseeability of unnecessary pain or suffering, but that the length of suffering and repeated BCSPCA orders meant that the accused was wilful and caused the actus reus.
Accused found guilty.