R v Klimowicz, 2021 ONSC 2589

Not an animal cruelty case, but a case of interest.

Facts: Accused is an animal rights activist who attended the complainant’s farm to document the conditions of the mink fur farm. The videos were uploaded to Youtube.

Charges: Break and enter to commit mischief.

Held: Acquitted. Crown did not make out intent to commit mischief.

  [17]… In my view, a harm that might have occurred, but did not, cannot constitute mischief.