R. v. Gillingwater 2023 SKPC 2

Between October 21st and December 15th, 2021, animal protection officers visited the home of the two co-accused. The initial visit was due to a complaint about possible abuse, and the subsequent visits were to ensure that the accused were complying with orders given by the officers.

Conditions inside the home included feces and urine-soaked floors that created unsafe levels of ammonia and no ventilation, dogs actively defecating and urinating on the floor, at will, during the inspections, and dogs locked in crates without food or water in the middle of the day. Also, two dead dogs were found in the home, and another dog needed to be euthanized due to her health complications.

At the time of the visits, there were 40+ dogs in the home, but historically there were as many as 60+ dogs in the home. Officers provided orders to clean up the home and reduce the number of dogs, but the accused had made no efforts to follow them, and eventually 13 dogs were voluntarily surrendered and 32 dogs were seized by officers.

At trial, the accused were found to be either hostile while testifying or lying and providing misleading and contradicting testimony. Defendants were convicted under s. 4(2), being persons responsible for the dogs and had caused
or permitted the animals to be or to continue to be in distress.