R v Quilloy, 1993 CarswellAlta 675

Accused was charged with unlawfully possessing a cockpit and unlawfully encouraging, aiding or assisting at the fighting or baiting of fighting birds, contrary to ss. 447(1) and 446(1)(d). An expert in illegal animal fighting operations testified that in his opinion that part of the barn where accused maintained his birds constituted a cockpit. A veterinarian also testified that the birds’ injuries could have been caused other than by fighting. At trial, held, the charges were dismissed. While the circumstances were extremely suspicious, there was reasonable doubt on both charges.