R v L. (D.), 1999 CarswellAlta 414

Youth accused on two charges; one of killing, maiming, poisoning or injuring a cat contrary to s. 445(a) of the Criminal Code and one of causing unnecessary pain, suffering or injury to a cat contrary to s. 446(1)(a) of the Criminal Code. Two sisters adopted a stray cat but found they could not afford to keep it and decided they needed to get rid of it. They asked two friends, D.L. and C.A., to drop it off or get rid of it. One of the sisters got the cat and gave it to C.A. who began to strangle it in the kitchen. D.L went outside after the cat was strangled. C.A. then hit the cat’s head three times against the glass patio doors and then put the cat on the ground and kneeled on its back, causing bones to break. C.A. then opened the back door, grabbed the cat by the neck, yelled “batter’s up” and threw the cat through the air towards causing it to flip three times in the air. D.L. had a broken hockey stick which he hit the cat with in midair. The cat fell from the air and D.L. hit the cat in the head four to six times with the hockey stick. C.A. and D.L. then put the cat’s body in a plastic bag and took it to a nearby bird sanctuary and threw it over a fence. They returned to the house and displayed excitement over the killing.

Legal discussion and analysis of parties to an offence, “maiming”, “willful” and “lawful excuse” of an owner’s authority to order the killing of their animal in relation to s.445(a). Further analysis of “unnecessary pain and suffering” in relation to s. 446(1)(a).

The accused was acquitted of s.445(a), convicted of s. 446(1)(a).