R v Sudweeks, 2003 BCSC 1960

Sudweeks left 40 horses and 7 dogs alone on property without adequate food or water for at least two months. Sudweeks received a $2,000 fine on each of two counts and a lifetime ban on owning or having custody of any animal. On appeal, Sudweeks argued that the trial judge demonstrated a reasonable apprehension of bias and erred in his findings of credibility, in admitting evidence obtained during the searches, and in passing a sentence that was unduly harsh. Appeal dismissed.

BCSPCA v Sudweeks, 2002 BCCA 493

Application by defendants for stay of execution of an order that they pay the costs of care of animals taken into custody by the Society until their appeal was heard. They alleged that judge had made errors in her findings of fact.

Application dismissed: no reasonable possibility that the appellate court would interfere with the trial judge’s findings of fact because there was evidence to support those findings.

BCSPCA v Sudweeks, 2002 BCSC 1892

Left their 30 horses and seven dogs in the care of an adult foster child while they went to Mexico for an extended period of time. Animals were in distress when SPCA attended property, and one horse had to be destroyed immediately.

Application by SPCA for two orders: 1) an order requiring the Sudweeks to pay the cost of their animals’ upkeep while in the Society’s care; 2) Society would be at liberty to apply for the balance of costs it incurred until the Society no longer had custody of the animals; and an interim injunction restraining the Sudweeks from selling their property until the issue of costs for rehabilitating and caring for the animals had been satisfied.

R v Schamerhorn, 2011 BCPC File 113727

Schamerhorn abandoned his dog at the BC SPCA shelter. The dog was in severe distress and was having trouble walking. Since the dog’s breathing was labored and overall condition was lethargic, she had to be euthanized.

R v MacKay, 2009 BCPC

Guilty plea: Took horses to backcountry, when he had to leave, 2 horses wouldn’t follow so he left them. Returned in 6 weeks, but snowfall blocked rescue. Returned in Dec (at least one month later) with food, but could not rescue. Abandoned them.

R v Ganzeveld & Ganzeveld, 2009 BCPC File 56410-1

R v MacKinnon, 2014 ABPC 150

MacKinnon, a non-veterinarian, was trained in equine dentistry by another non-veterinarian. (In Alberta, provincial legislation allows non-veterinarians to practice equine dentistry.) He ‘floated’ the teeth of a horse, cut too much of the incisors, exposing the pulp of the teeth. This caused the horse considerable pain and suffering.

Found guilty.

R v Muhlbach, 2011 ABQB 9

Crown appeal of trial judge’s acquittal. There was considerable evidence of neglect on the Muhlbach farm, including cattle and calf carcasses left uncovered, a bull with an enlarged scrotum, several younger animals with pinkeye etc. The trial judge acquitted Muhlbach due to a lack of evidence.

The Crown’s appeal is dismissed.

R v Sparshu, [1996] A.J. No 828

Sparshu’s cattle were emaciated and malnourished. Some were suffering from physical ailments. There was no feed on the land, and no natural grazing or feed.

Found guilty.

R v McConkey, 2008 ABPC 37

McConkey’s dogs were severely matted, had irritated skin and dental problems, as well as other health issues. She failed to arrange proper treatment for their afflictions.