NS SPCA were received a complaint about Lupton’s Great Dane named Eric. When they arrived, they found Eric to be extremely emaciated, tied to a short tether in the front lawn, and had no access to food or water. NS SPCA seized Eric and took him for veterinary care.
At trial, Lupton argued that (1) there was a s. 8 Charter breach, and (2) there was no actus reus as his inaction was not wilful or neglectful. The judge found no Charter violation and that the Crown had established the actus reus.
Lupton was convicted of allowing Eric to be in distress contrary to the NS ACPA, and the Criminal Code charge was stayed.