On January 9, 2019, Animal Protection Officers seized 106 cats, two dogs and one turtle after executing a search warrant of a 400 square foot house. Approximately 20 additional cats could not be removed because they were unable to be caught.
The animals were found to be under the care of the accused, who was charged with causing or permitting an animal to be or continue to be in distress under s 4(2) of The Animal Protection Act, 2018, SS 2018, c A-21.2. The accused was originally charged with animal cruelty and neglect under the Criminal Code but those charges were stayed at trial.
The accused denied the Crown’s charge that the animals were caused distress due to their unsuitable living conditions by claiming although her house was dirty the animals were happy and with her, they had an opportunity to be adopted through her rescue organization, Alley Cats. She claimed the conditions in which they were kept after the seizure was what exposed them to disease and resulted in 105 cats having to be euthanized.
Based on the expert testimony of the veterinarian who attended at the search, along with other compelling evidence presented by the Crown, the trial judge found the accused guilty. The judge stated that although it was clear that she was passionate about animals, “having a big heart is not a defence under the Act” (para. 20).
Note: This is not the first time that the accused has been charged under the provincial Animal Protection Act. A history of similar behaviour dating back to 2011 can be found here.