R v McConkey, 2008 ABPC 37

Statute: Animal Protection Act (AB),
Section: 2(1)
Province or Territory: Alberta,
Offence: Neglect,
Animal: Dog,
Type of Distress: Dehydration, many untreated medical conditions
Sentence: Fine of $750 for EACH or the two defendants, five-year prohibition from owning any animals for one defendant; five-year prohibition from owning any more animals for other (who had 1 other dog and 3 cats, all healthy)
Legal Issue: Sentencing (Fines), Sentencing (Prohibition orders), Provincial case (Sentencing),

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.

Link: https://canlii.ca/t/1vnrn
R v McConkey 2008 ABPC

R v Glodkiewicz, 2006 ABPC 185

Statute: Animal Protection Act (AB),
Section: 2(1)
Province or Territory: Alberta,
Offence: Neglect,
Animal: Dog,
Type of Distress: Left dog in car on hot day
Sentence: Fine of $200 + 15% surcharge for each of the two defendants - so $400 as a precedent for this offence (judge made this clear in para. 20); note: conditional discharge was requested and denied
Legal Issue:

Glodkiewicz left their family dog in the car on a hot day, while they went into Costco to shop. Two windows were left open approximately one inch, and water was left in the vehicle. The fire department was called by a bystander, and the dog was rescued.

Link: https://canlii.ca/t/1p6bm
R v Glodkiewicz 2006 ABPC

R v Gerk, 2001 ABQB 87

Statute: Animal Protection Act (AB),
Section: 2(1)
Province or Territory: Alberta,
Offence: Neglect,
Animal: Other,
Type of Distress: Insufficient quantity and quality of food and water
Sentence: Fine of $3,450 (with six months to pay that fine)
Legal Issue:

Appeal from conviction and sentence. Gerk, a bison farmer, did not provide sufficient quantities of food and water for his herd. Both appeals dismissed.

Link: https://canlii.ca/t/5mgh
R v Gerk 2001 ABQB

R v Chan, 1999 CarswellAlta 771

Statute: Animal Protection Act (AB),
Section: 2(1)
Province or Territory: Alberta,
Offence: Neglect,
Animal: Cat,
Type of Distress: Locked cat in trunk for several days
Sentence: (1) Fined $1,500; (2) 2-year prohibition order
Legal Issue:

The accused kept a cat in trunk of his car for several days because his landlord would not allow animals inside the building. The cat was found to be dehydrated, stressed and starving in almost freezing temperatures. Chan pleaded guilty to unlawfully causing an animal to be in distress.

The accused submitted that he came from a culture (Chinese) that viewed animals in a different light than we do in Canada. This raised the question, as to what extent should the cultural background of the accused be considered in sentencing? Cultural differences were not found to be a mitigating factor under s.27 of the charter of rights, as “cultural practices must be subservient to the Act’s purpose of protecting animals”. The accused has also been in Canada for 18 years, which the judge claims is sufficient time to adjust and conform with Canadian laws.

Accused exhibited a significant lack of understanding for the seriousness of his actions. In order to protect the well-being of any animal that might fall under the control of this person, Chan was given a two year prohibition order.

Chan was also fined $1,500.

Download R v Chan, 1999 CarswellAlta 751

R v Carter, 2006 ABPC 341

Statute: Animal Protection Act (AB),
Section: 2(1)
Province or Territory: Alberta,
Offence: Killing, Neglect,
Animal: Horse,
Type of Distress: Confined space, lack of ventilation, lack of food (chronic starvation), lack of water, unclean conditions (feces, animal corpses, etc.), untreated skin and eye conditions; 2 foals died, 2 foals and 5 horses lived
Sentence:
Legal Issue: Provincial case (Distress),

Carter’s farm was variously described as a ‘disaster’ and a ‘hazard zone.’ Her animals were severely neglected. There was debris, junk, and faeces scattered all across her barn. There were corpses of a dog, a chicken, and four rabbits. Some of the stalls contained faeces up to a metre high. Her foals were caked in faeces, flakes, and scales. One of them had died and was left to rot in a tiny stall. Her horses were deprived of adequate food, shelter, and water.

Found guilty: no sentence indicated in case. However, “she was fined $1000 and ordered to reduce the number of livestock to no more than 10 animals for a five-year period; she also must keep the Alberta SPCA informed of the animals under her care” [http://www.albertaspca.org/resources/publications/AnimalKind_27-1_Spring2007.pdf, at 4]

Link: https://canlii.ca/t/1q39l
R v Carter 2006 ABPC

Friesen v Saskatchewan SPCA, 2008 SKQB 150

Statute: Animal Protection Act (SK),
Section: 4
Province or Territory: Saskatchewan,
Offence: Neglect,
Animal: Dog,
Type of Distress: Dogs were chained in back yard and in distress due to lack of care.
Sentence: Restitution of reasonable expenses incurred providing dogs with veterinary care and other necessary care - as well as amount for daily sustenance care cost.
Legal Issue: Provincial case (Distress), Provincial case (Procedure), Sentencing (Restitution orders), Procedure (S.8 Charter), Provincial case (Sentencing),

Friesen kept his dogs on a chain in the middle of winter. They were underfed, and their water supply had frozen over.

Link: https://canlii.ca/t/1wqt9

R v Wilkinson, 2005 SKPC

Statute: Criminal Code,
Section: 14(2)
Province or Territory: Saskatchewan,
Offence: Other,
Animal: Unknown,
Type of Distress: Breach of prohibition
Sentence:
Legal Issue:

R v Wilkinson, 2004 SKPC

Statute: Criminal Code,
Section: 14(2)
Province or Territory: Saskatchewan,
Offence: Other,
Animal: Dog,
Type of Distress: Breach of prohibition
Sentence:
Legal Issue:

R v Wilkinson, 2003 SKPC

Statute: Criminal Code,
Section: 14(2)
Province or Territory: Saskatchewan,
Offence: Other,
Animal: Unknown,
Type of Distress: Breach of prohibition
Sentence: 5 year prohibition
Legal Issue:

R v Wilkinson & Wilkinson, 2001 SKPC

Statute: Criminal Code,
Section: 4
Province or Territory: Saskatchewan,
Offence: Neglect,
Animal: Dog,
Type of Distress: Failed to provide adequate nutrition
Sentence:
Legal Issue:

A dog that the owners had, during a prohibition period, was emaciated