The accused attacked his dog, Cody, stabbing him in throat with a knife after Cody was found hiding on a neighbour’s property. Cody was saved by the neighbour, who rushed the dog to a veterinarian after the accused left him on her driveway. The accused was charged with wilfully causing pain to a dog and willfully neglecting to provide adequate care to a dog contrary to sections 445 and 446 of the Criminal Code.
As a former member of the US Army who had served on missions in Afghanistan, Korea, and Saudi Arabia, the accused had been diagnosed with PTSD and other mental health issues. Defence counsel argued that because of these mental health disorders, the accused should be rendered not criminally responsible (NCR). The Crown was not arguing against the designation, but would leave that determination to the court.
The accused was assessed by four medical professionals who submitted reports regarding his mental state.
In one doctor’s assessment, after discussing with the accused what had led up to the attack, it was noted that he had felt that it was his responsibility to dispose of his pet that was causing problems, referring to it as having to “put down an animal” and stated that he went into “soldier mode”. The doctor also indicated concern regarding the lack of emotional connection of having attempted to kill his dog.
After reviewing the submitted reports and the evidence in context, the Court was satisfied that the accused was not acting voluntarily and was incapable of appreciating the nature and quality of his actions or that they were wrong when he inflicted the injuries on Cody.
The accused was found not criminally responsible (NCR) and was therefore required to abide by the Saskatchewan Review Board’s imposed conditions. Given the accused’s circumstances, the judge determined that it would be appropriate to conduct a disposition hearing in accordance with (then) s 742.45 of the Criminal Code, now s 672.45(1).