As reported by the accused’s partner with whom he shared an apartment, the accused abused their 6–7-month-old puppy Max for urinating on the floor, dragging Max to his crate and violently hitting him in the face and neck area. After placing Max in the crate, the accused flipped the crate upside down with the puppy still inside. An argument ensued between the accused and his partner regarding his treatment of the puppy, where the partner was told to “shut the f— up” and “go inside the bedroom and go to sleep“(para. 5), the accused then reached into the crate and grabbed Max by the neck, then slammed him onto the hard floor. After the attack, Max remained silent and vomited approximately five times. The accused’s partner called police, and the accused left the home.
When police attended, the accused’s partner showed them CCTV video of the incident, after which they contacted 3-1-1 and created a protective order. The accused returned to the apartment a short time later and police were called to re-attend, where he was placed under arrest. Max was seized and taken to a veterinarian hospital out of fear he had a concussion. Max has since recovered from his injuries.
The accused pleaded guilty to causing unnecessary suffering under the Criminal Code.
In the decision, the Court quotes from Chen at para. 21 regarding Parliament’s evolving attitude towards the status of domestic animals. While it was aggravating the assault on Max was somewhat prolonged, while cursing and verbally abusing his domestic partner, the mitigating factors were the guilty plea, the accused’s steps towards acknowledging and addressing his anger management problems and no criminal history of violence with this incident being out of character. It was determined that a conditional sentence of 12 months (including six months of house arrest, and six months of a curfew), probation of two years with conditions, and a three-year prohibition order against possessing animals was a suitable sentence.
https://canlii.ca/t/k2gvj