A Great Dane was seize from a house where he was tied to a very short tether in front. He was emaciated, dull, lethargic, with no water or food available and extremely bony.
Charged with 446 neglect and provincial animal offences. Accused argued the fruits of the seizure, including the dog itself, its description and the pictures ought to be excluded as having been obtained via an unlawful search under the Charter
Held: Found guilty, based on Crown representations the criminal code charge was stayed for Kienapple, the search and seizure were warrantless but reasonable, exigent circumstances existed, the dog was in plain view and the evidence was not conscriptive.