Anti-Cruelty

Nye v. Niblett

Summary:

Three boys who had killed two farm cats were charged with an offence which could only have been committed if the cats were kept for a "domestic purpose". Local justices had acquitted the boys, in part because there no evidence was before them that the cats that were killed had been kept for a domestic purpose. Allowing the prosecutor's appeal, the Divisional Court held that there was no need to prove that a particular animal was in fact kept for a domestic purpose if it belonged to a class of animals which were ordinarily so kept.

Three boys who had killed two farm cats were charged with an offence which could only have been committed if the cats were kept for a "domestic purpose". Local justices had acquitted the boys, in part because there no evidence was before them that the cats that were killed had been kept for a domestic purpose. Allowing the prosecutor's appeal, the Divisional Court held that there was no need to prove that a particular animal was in fact kept for a domestic purpose if it belonged to a class of animals which were ordinarily so kept.

Waters v. Meakin

Summary:

The respondent had been acquitted of causing unnecessary suffering to rabbits (contrary to the Protection of Animals Act 1911, s. 1(1)) by releasing them into a fenced enclosure from which they had no reasonable chance of escape, before setting dogs after them. Dismissing the prosecutor's appeal, the Divisional Court held that the respondent's conduct fell within the exception provided for "hunting or coursing" by sub-s. (3) (b) of s. 1of the 1911 Act. From the moment that the captive animal is liberated to be hunted or coursed, it falls outwith the protection of the 1911 Act, irrespective of whether the hunting or coursing is humane or sportsmanlike.

The respondent had been acquitted of causing unnecessary suffering to rabbits (contrary to the Protection of Animals Act 1911, s. 1(1)) by releasing them into a fenced enclosure from which they had no reasonable chance of escape, before setting dogs after them. Dismissing the prosecutor's appeal, the Divisional Court held that the respondent's conduct fell within the exception provided for "hunting or coursing" by sub-s. (3) (b) of s. 1of the 1911 Act. From the moment that the captive animal is liberated to be hunted or coursed, it falls outwith the protection of the 1911 Act, irrespective of whether the hunting or coursing is humane or sportsmanlike.

Johnson v. Needham

Summary:

The Court upheld a decision of local justices to dismiss an information that the defendant "did cruelly ill-treat, abuse, and torture a certain animal" contrary to the Cruelty to Animals Act 1849, s. 2 (1). The Act made it an offence to ill-treat, abuse, or torture an animal, and thereby established three separate offences from which the prosecutor should have elected. Note: Although the 1949 Act has been repealed, similar language appears in the Protection of Animals Act 1911, s 1(1)(a), and presumably the same reasoning applies to that statutory provision.

The Court upheld a decision of local justices to dismiss an information that the defendant "did cruelly ill-treat, abuse, and torture a certain animal" contrary to the Cruelty to Animals Act 1849, s. 2 (1). The Act made it an offence to ill-treat, abuse, or torture an animal, and thereby established three separate offences from which the prosecutor should have elected. Note: Although the 1949 Act has been repealed, similar language appears in the Protection of Animals Act 1911, s 1(1)(a), and presumably the same reasoning applies to that statutory provision.

R. v. Senior

Summary:

Held: The word "wilfully", when used in the context of an offence prohibiting cruelty to children, "means that the act is done deliberately and intentionally, not by accident or inadvertence, but so that the mind of the person who does the act goes with it" ( per Lord Russell of Killowen C.J.). Note: the word "wilfully" is occasionally an element of animal welfare offences, such as that of wilfully, without any reasonable cause or excuse, administering a poisonous drug or substance to an animal (Protection of Animals Act 1911, s 1(1)(d)).

Held: The word "wilfully", when used in the context of an offence prohibiting cruelty to children, "means that the act is done deliberately and intentionally, not by accident or inadvertence, but so that the mind of the person who does the act goes with it" ( per Lord Russell of Killowen C.J.). Note: the word "wilfully" is occasionally an element of animal welfare offences, such as that of wilfully, without any reasonable cause or excuse, administering a poisonous drug or substance to an animal (Protection of Animals Act 1911, s 1(1)(d)).

R. (on the application of Petsafe Ltd) v Welsh Ministers

Summary:

Pet product manufacturer challenged a Welsh ban on the use of electric collars on cats and dogs  under the Animal Welfare Regulations 2010. The High Court held that the Regulations were not beyond the powers of the Welsh Ministers, and that the ban was not irrational, unreasonable or perverse. The High Court also held that any restriction on the free movement of goods under Article 34 of the EU Treaty was proportional and necessary, due to the fact that it was not targeted at trade, but rather meant to further social policy promoting animal welfare. Similarly, any interference with Article 1 of the First Protocol of the European Convention on Human Rights (ECHR) was also justifiable.

Pet product manufacturer challenged a Welsh ban on the use of electric collars on cats and dogs  under the Animal Welfare Regulations 2010. The High Court held that the Regulations were not beyond the powers of the Welsh Ministers, and that the ban was not irrational, unreasonable or perverse. The High Court also held that any restriction on the free movement of goods under Article 34 of the EU Treaty was proportional and necessary, due to the fact that it was not targeted at trade, but rather meant to further social policy promoting animal welfare. Similarly, any interference with Article 1 of the First Protocol of the European Convention on Human Rights (ECHR) was also justifiable.

Friesen v. Saskatchewan Society for the Prevention of Cruelty to Animals

Summary:

An animal protection officer received a complaint that two dogs were not receiving proper care. Officer Barry Thiessen, an animal protection officer employed by the S.S.P.C.A., observed that dogs appeared malnourished and in distress from lack of food and water. Upon returning the next day, Thiessen determined that the conditions were unchanged and the dogs were then seized pursuant to the warrant. The appellant dog owner brought an application for declaration that the officer seized dogs in contravention of an owner's rights under s. 8 of Canadian Charter of Rights and Freedoms, and in excess of officer's authority. In dismissing his application, the court found that the warrant was lawfully obtained pursuant to provisions of the Animal Protection Act, 1999. The officer had a legitimate reason to come to property of the dog owner to investigate after he received a complaint, and it was there that he saw the dogs’ condition in "plain view" according to the court.

An animal protection officer received a complaint that two dogs were not receiving proper care. Officer Barry Thiessen, an animal protection officer employed by the S.S.P.C.A., observed that dogs appeared malnourished and in distress from lack of food and water. Upon returning the next day, Thiessen determined that the conditions were unchanged and the dogs were then seized pursuant to the warrant. The appellant dog owner brought an application for declaration that the officer seized dogs in contravention of an owner's rights under s. 8 of Canadian Charter of Rights and Freedoms, and in excess of officer's authority. In dismissing his application, the court found that the warrant was lawfully obtained pursuant to provisions of the Animal Protection Act, 1999. The officer had a legitimate reason to come to property of the dog owner to investigate after he received a complaint, and it was there that he saw the dogs’ condition in "plain view" according to the court.

R. v. McConkey

Summary:

In this case, the defendants pleaded guilty to violations of the Animal Protection Act after a peace officer for the humane society found four dogs in distress due mainly to a lack of grooming. On appeal, the defendants did not contest the amount of the fines, but suggested that the court should consider the economic status of the defendants (both were on government assistance). The court found that the conduct of the defendant and the level of the distress experienced by the dogs over a long period of time was an aggravating factor in determining the fine. With regard to a Section 12(2) prohibition to restrain future animal ownership, the court was reluctant to inflict stress on the animals still residing at the home by removing them from their long-time home.

In this case, the defendants pleaded guilty to violations of the Animal Protection Act after a peace officer for the humane society found four dogs in distress due mainly to a lack of grooming. On appeal, the defendants did not contest the amount of the fines, but suggested that the court should consider the economic status of the defendants (both were on government assistance). The court found that the conduct of the defendant and the level of the distress experienced by the dogs over a long period of time was an aggravating factor in determining the fine. With regard to a Section 12(2) prohibition to restrain future animal ownership, the court was reluctant to inflict stress on the animals still residing at the home by removing them from their long-time home.

Ferguson v. Birchmount Boarding Kennels Ltd.

Summary:

In August 2002, plaintiffs’ dog escaped while being exercised at defendant-kennel’s boarding facility. Birchmount appeals from the judgment claiming the court applied the wrong standard of care, and that the court erred in law in awarding the plaintiffs damages for pain and suffering. The reviewing court found that the evidence would likely have led to the same conclusion regardless of whether a “bailment” standard was used. Further, this court was satisfied that the trial judge did not err in law or in fact in making findings and in awarding general damages where there was evidence that the plaintiffs experienced pain and suffering upon learning of the dog’s escape.

In August 2002, plaintiffs’ dog escaped while being exercised at defendant-kennel’s boarding facility. Birchmount appeals from the judgment claiming the court applied the wrong standard of care, and that the court erred in law in awarding the plaintiffs damages for pain and suffering. The reviewing court found that the evidence would likely have led to the same conclusion regardless of whether a “bailment” standard was used. Further, this court was satisfied that the trial judge did not err in law or in fact in making findings and in awarding general damages where there was evidence that the plaintiffs experienced pain and suffering upon learning of the dog’s escape.

Dart v Singer

Summary:

The applicants pleaded guilty to a number of charges under the Animal Care and Protection Act 2001 (Qld) following the seizure of 113 live dogs, one cat, 488 rats, 73 mice, 12 guinea pigs and 11 birds from their premises due to unsanitary and inappropriate living conditions. The applicants claimed that RSPCA officers were acting ultra vires and that a stay preventing the RSCPA from parting with the animals should be effected. The applicants' argument failed.

The applicants pleaded guilty to a number of charges under the Animal Care and Protection Act 2001 (Qld) following the seizure of 113 live dogs, one cat, 488 rats, 73 mice, 12 guinea pigs and 11 birds from their premises due to unsanitary and inappropriate living conditions. The applicants claimed that RSPCA officers were acting ultra vires and that a stay preventing the RSCPA from parting with the animals should be effected. The applicants' argument failed.

Robertson v Department of Primary Industries and Fisheries

Summary:

An Inspector of the RSPCA entered premises occupied by the respondent and seized 104 dogs under the Animal Care and Protection Act 2001 which were then forfeited to the state. These actions were confirmed when the respondent sought an administrative review of the decisions and leave to appeal was refused. The respondent sought to raise numerous grounds of appeal against the prior refusal of leave to appeal, however, the appeal was struck out.

An Inspector of the RSPCA entered premises occupied by the respondent and seized 104 dogs under the Animal Care and Protection Act 2001 which were then forfeited to the state. These actions were confirmed when the respondent sought an administrative review of the decisions and leave to appeal was refused. The respondent sought to raise numerous grounds of appeal against the prior refusal of leave to appeal, however, the appeal was struck out.