Facts: Following a negative online review, accused dog kennel owner couldn’t sell puppies, population grew, and accused couldn’t take care of all the puppies. SPCA took some (6), but gave accused an order to comply with the Code of Practice for Canadian Kennel Operations. Unable to do so, accused was charged for various provincial offences.
Analysis: Judge took great issue with the credibility of the Crown witnesses and SPCA inspectors, finding their testimony harsh and exaggerated. No legal obligation to follow the Code or orders given by the SPCA, as they were unlawful, ambiguous, and unnecessary. Judge was highly critical of SPCA’s orders, as well as the expert evidence presented.
Held: Acquitted, due diligence defence accepted.