The accused is charged with the following regarding the failure to properly care for his dog, Seiko:
Count 1: Between February 13, 2019, and July 5, 2020, at or near Calgary, Alberta, while being the owner of an animal or bird, specifically a dog named Seiko, the accused committed an offence in violation of Section 445.1(1)(a) of the Criminal Code of Canada by allowing the said animal or bird to suffer needless pain, suffering, or injury.
Count 2: Between February 13, 2019, and July 5, 2020, the accused, while being the owner of, or the person in charge of, a domestic animal, bird, or wild animal or bird that is kept in captivity: A dog that was willfully neglected or failed to provide it with suitable and adequate food, water, shelter, and care in violation of Section 446(1)(b) of the Criminal Code.
Count 3: Between February 13, 2019, and July 5, 2020, the accused did unlawfully cause or permit an animal of which the person is the owner or person in charge to be or remain in distress, committing an offence in violation of Section 2(1) of the provincial Animal Protection Act.
Seiko suffered from severe malnutrition and chronic skin infection as a result of her lack of proper treatment. She was apprehended by the Humane Society in July 2020, very close to death, and was euthanized in that same month.
After determining that the accused had disregarded veterinary advice, failed to take Seiko for care when he knew that he should have, and seemed more concerned with losing possession of the dog rather than ensuring proper care in a conscious disregard of a substantial and unjustified risk as outlined in R v Picco, he was found guilty of all three charges.