The accused had two dogs, Buddy and Snowy, that he kept outdoors.
On August 8, 2013. Buddy was taken to the veterinarian and found to have maggot infestation of head and chest area, a wound where his tail had been cut off, and was euthanized. A few days later, Snowy was taken to the vet and found to have issues with tartar build up on her teeth. She was also too thin, but was 18 and described by the vet as healthy.
The accused was charged with two counts of wilfully causing unnecessary pain due to long term neglect to a dog contrary to s. 445.1(1)(a) of the Criminal Code for each dog. In addition, he was alleged to have caused Buddy unnecessary pain by chopping off his tail after wrapping it in electrical tape. He also faced one count that he did cause or permit the animals to be or continue to be in distress contrary to s. 4 of The Animal Protection Act.
In regards to Snowy, the judge found no evidence meeting the threshold for long term neglect and no evidence that the accused had caused or allowed her to be or continue to be in distress. This was based on the fact that the veterinarian failed to link any of Snowy’s conditions to mistreatment and she was 18 years old.
Regarding Buddy, the judge was not satisfied beyond a reasonable doubt that the accused was guilty of wilfully causing unnecessary pain, either through long term neglect or by cutting off Buddy’s tail. The judge accepted the accused’s evidence that he cut Buddy’s tail accidentally while grooming him and found no evidence that the accused acted wilfully. The judge also found no evidence of long term neglect beyond a reasonable doubt.
The accused was acquitted on all counts.