Hurt a dog belonging to Madame Michele through a violent assault. Sentenced to (1) 60 days prison (2) 2 years prohibition on animal ownership.
R c Bose, 2009 QCCQ 5736
Facts: On May 4 2007, with an authorized search warrant , and inspector for the Montreal SPCA seized a horse, seven cattle, seven geese and one pigs that were on the land used by the accused. The proof demonstrated that Bedard, the owner of the land rented by the accused, had caused the deplorable state of affairs by destroying the fence protecting the territory of animals. The animal had to be attached because they had no more access to a fenced land.
Analysis: court took issue with witness creditability.
Held: Accused was acquitted.
R c Prefontaine, 1973 CarswellQue 14 QCCA
Charged with taking part in a competition in which captive birds are liberated for the purpose of being shot. The accused was acquitted at trial because the judge relied on a strict interpretation of the words “when they are liberated.”
On appeal to the Queen’s Bench the judge gave the statute a broader interpretation. Appeal to the Court of Appeal was dismissed. A narrow interpretation favoured by the Sessions Judge would render the section unenforceable. The purpose of this legislation was not to permit the shooting of pigeons under certain conditions; “the mischief sought to be prevented was the use of live captive birds in trap shooting of any kind”.
R c Morneau, 1987 CarswellQue 800
Morneau, the owner of 9 horses, allegedly kept his animals in buildings that were insufficient for winter. This case turned on whether the shelter he provided his horses with was adequate. Given the heavy burden on the Crown to prove this offence, the Court determined that the evidence against Morneau was insufficient.
Trial on charges of criminal neglect of 9 horses. Issue was whether they had adequate shelter. The horses were examined by a vet and found to be in good health. There was conflicted vet evidence about the degree of sheltering required of horses during the winter.
The Court found wilful requires an examination of:
1) The act, omission or negligence must be intention
2) Intention can be inferred from neglect or recklessness with respect to a probable evil.
3) The evil must be not only probable, but serious
4) There is always room for a defence of justification or colour of right.
The accused was acquitted. There accused was acting in what he thought were the best interests of the animals and the animals conditions showed they suffered no ill effects.
R c Pineault, 2008 CarswellQue 5750
Pineault was reported for cruelty and neglect to his dogs by a neighbour. The SPCA investigated and found the animals to be in a good state of health and no evidence of neglect. In fact, Pineault’s dogs were providing his autistic son with pet therapy.
Accused acquitted, the allegations appear to have been false or wildly exaggerated.
R c Tremblay, 2008 QCCQ 6138
Acquittal after trial on criminal neglect.
On the property of the accused was found many animals chained outside while it had been severely cold out and the weather was announcing extreme cold weather. These dogs seemed like they only had access to frozen food as geese and no access to water. Some dogs were wrapped around poles preventing them from going to their cabin, and some seem to suffer from the cold by their trampling. The defence proved that the owner cares about his dog and provide them good quality food and he doesn’t believe to give water as it only freezes during winter. He argues that his dogs like to drink snow and are used to living outside. Plea: not guilty.
Allegations he had left several dogs outside for a full week in cool temperatures without water or frozen food. 18 dogs were seized. A vet examined the dogs 2 days later and found they were not dehydrated. Several dogs had traces on the neck indicating the collars were too tight. Accused testified the dogs were tethered to prevent them annoying the neighbours. Conflicting vet experts about whether the dogs were neglected.
Accused aquitted.
R c Mousseau, 2011 QCCQ 11101
Trial on wilfully causing pain and criminal neglect.
Facts: She operated a stable with horses that were hers and some that were boarded. The accused operates a stable adjoining her residence. She has custody and control of several horses which some belong to her and others who are kept in pension. The horses are lean to skinny thin and dirty. They have access to hay, but that is poor quality. There was no apparent water or food. The majority don’t have fresh litter as there is an accumulation of manure in their boxes. Following a complaint the SPCA attended and observed emaciated horses, dirty boxes and poor quality hay. Orders were issued and ignored. A search warrant was issued.
Held: guilty of both counts. The judge accepted the evidence the horses were not fed property and did not have proper bedding and beds were not properly cleaned. There was an accumulation of manure that worsened the health of the animals. The horses had unmaintained hooves. The evidence was overwhelming.
Sentence: (1) Probation for 3 years (2) Prohibition on having horses for 3 years.
R c Bérubé, 2011 QCCQ 1691
Decision on sentencing from 2010 QCCQ 9122.
Accused faced several significant difficulties which resulted in the death of several of his animals. Despite corrective actions the situation did not improve. He attempted to sell off his herd and milk quotas but continued to fall into debt and found a new job leaving him little time to care for his animals.
The remaining herd had inferior shelter, lack of vet care and not enough water and food. The animals continued to get sick and he killed an unknown number of them. A number of dead animals were found on the property.
Mitigating: The accused is 38 years old and has no criminal record. Before he committed the offences, he led a quiet and uneventful life. Today, he has a job that gives him a good income. It is still an asset to society. Discouragement and resignation are the main source of his offence. He did not act out of sadism or malice, but rather out of his desperate state.
Sentence: (1) Suspension of the sentence for a period of two years (2) two year probation, including 150 hours of community services, $ 10,000 to benefit ANIMA-Québec (3) Prohibition on possess or operating a farm business requiring the presence of animals whether for commercial purposes or not for 2 years
R c Bérubé, 2010 QCCQ 9122
About 62 cattle and 17 calves where found dead on the defendant’s farm. Some, especially the calves were buried under manure whose average height was about half a meter.
There was no food or water on site. The fodder was kept outside the barn where it was impossible to reach by the weaker cattle. The troughs were not functional, nor did these animals receive adequate shelter due to the accumulation of manure.
Accused found guilty. Sentencing followed in R c Bérubé, 2011 QCCQ 1691
R c Radmore, 1992 CarswellQue 1152
Good review of the law of neglect and unnecessary up to this point.
Accused is charged with unnecessary pain, suffering or injury to horses and criminal neglect. SPCA executed a warrant and seized a number of horses with various injuries. There were feces everywhere. The horses were being fed stale doughnuts. The farm had numerous serious safety hazards. There was a dead colt. The hooves were in bad shape. There was a terrible smell. The horses had lots of scars and signs of weight loss and diarrhea. There was expert evidence as to the requirements of horses.
The environment on the farm of the accused is kept in unacceptable conditions with an extensive accumulation of mud, urine and manure at certain places up to knee level. The conditions are not hygienic or safe for the horses, nor does the horses in the barn have access to good footing or a dry area. Most of the horse have injuries, parasite or worms. There are mostly in a state of neglect.
Held: Guilty under 429(1) of the Criminal Code, stayed conditionally under 446(1)(c) and acquitted under 129(c)(e).