This case concerns multiple dog attacks in Saint John, NB, between June and December 2018. Michael Kirby, the defendant, owned several large dogs that, on repeated occasions, were off leash in public or inadequately secured and attacked pedestrians, causing puncture wounds and other injuries. Despite prior complaints, an SPCA warning about leashing, and two earlier incidents demonstrating risk, Kirby minimized the behaviour as “herding” or “play” and failed to implement effective precautions (leashing, muzzling, confinement, or other controls).
The Court found that, by continuing to walk the dogs off-leash and later leaving them unsupervised in public and at home with inadequate containment, Kirby displayed a wanton or reckless disregard for the safety of others and committed a marked and substantial departure from the conduct of a reasonable person. He was therefore found guilty on four counts of criminal negligence causing bodily harm (Criminal Code, s. 221).
On a separate charge for breaching an undertaking (s. 145(3)), the Court entered an acquittal, holding the Crown had not proven the requisite subjective mens rea under R v Zora.
R. v. Kirby