Results
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Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| R. (on the application of Petsafe Ltd) v Welsh Ministers | 2010 WL 4503327 |
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. |
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| R. L. N. y otros s/ 239 resistencia o desobediencia a la autoridad | MJ-JU-M-135671-AR | MJJ135671 | Coco, formerly known as Simon, is an approximately 6-year-old howler monkey found in a closet without food, water, or ventilation during a police raid following a neighbor complaint due to excessive noise. Coco was underweight, stunted, and deformed. The veterinary report revealed that Coco had broken bones due to malnourishment, had missing teeth, and other irreversible ailments due to the inappropriate conditions he lived in. The prosecutor requested the fulfillment of Coco’s rights, the granting of his freedom, and his relocation to “Proyecto Carayá.” The judge in this case held that Coco was to be granted total and absolute freedom in his status as a non-human animal. Furthermore, the judges stated that animals have legal protection based on their legally recognized status of victims. Since they can’t seek legal protection, humans have the duty to guarantee the protection of their rights. The judge also recognized Coco’s status of the subject of rights and ordered his relocation to the Proyecto Carayá for treatment and rehabilitation. Due to the extent of his injuries, experts recommended that Coco be kept by himself, since he could not defend himself and would be outcompeted for food if he shared space with other monkeys. | Case |
| R. v. Baird | 1994 CarswellNWT 58 |
The defendant, George Baird, was charged on indictment that he caused bodily harm to Amelia Debogorski by criminal negligence stemming from his keeping of dangerous dogs. While the dogs self-evidently proved to be highly dangerous to the victim, there was little evidence of their prior dangerous intent simply because they ran at large. As a result, the court then found that there was reasonable doubt whether the danger was known and recognized by Mr. Baird prior to the attack. The court found that there insufficient proof to find that Baird acted with "wanton and reckless disregard for the lives or safety of other persons.” The court also observed that while there may or may not have been civil negligence, this was not enough to sustain a conviction for criminal negligence. |
Case | |
| R. v. Kirklees Metropolitan Borough Council, ex parte Tesco Stores Ltd. | CO/467/93 |
Although a local authority may not adopt a policy of not enforcing certain laws or not enforcing them against certain types of parties, it may nevertheless make rational choices with respect to the use of its enforcement powers in order to deploy its limited resources in the most efficient and effective manner. |
Case | |
| R. v. McConkey | 2008 CarswellAlta 156 | 2008 ABPC 37, [2008] A.W.L.D. 3238, 438 A.R. 87 |
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. |
Case |
| R. v. Senior | [1899] 1 QB 283 |
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)). |
Case | |
| Rabideau v. City of Racine | 627 N.W.2d 795 (Wis. 2001) |
Pet owner could not recover damages for negligent infliction of emotional distress after a police officer shot her dog. While the court recognized the bond between owner and pet, public policy prevented such recovery. However, under the proper circumstances, a person could recover for intentional infliction of emotional distress for the loss of a pet. |
Case | |
| Rabies Vaccination and Exemption Laws for Dogs | This map describes state rabies vaccination laws with those states that allow owners to seek an exemption (opt-out) from vaccination requirements. To date (2023), only 16 states have laws or regulations that allow owners to seek a medical exemption from having their dogs vaccinated for rabies. One state (Hawaii) has no laws or regulations that require vaccination on a statewide basis. Nine states only require rabies vaccinations for IMPORTED animals above a certain age (usually 3 months old). The remaining majority (25 states) require vaccination of dogs against the rabies virus by a certain age, with booster shots at certain intervals (Georgia REQUIRES counties to implement laws and also requires imported dogs to be vaccinated: https://www.animallaw.info/administrative/ga-rabies-40-13-2-19-pets). THIS MAP DOES NOT EXAMINE RABIES LAWS AT THE LOCAL (CITY OR COUNTY) LEVEL. MOST CITIES AND COUNTIES HAVE AN ADDITIONAL OR SEPARATE RABIES VACCINATION REQUIREMENT. Readers should search their municipal codes or contact their city or county clerk's office to learn about local rabies laws. | State map | ||
| Rabon v. City of Seattle | 957 P.2d 621 (Wash. 1998) | 135 Wash.2d 278 (1998) |
Petitioner dog owner sought an injunction against a Seattle ordinance that allowed the city to destroy a vicious dog once the owner has been found guilty of owning a vicious dog (two lhasa apsos) . The majority held that the state statute regulating dogs did not preempt field of regulating dangerous dogs and the city ordinance did not irreconcilably conflict with state statute. Notably, Justice Sanders filed a strong dissent, pointing out that these dogs are the primary companions for the elderly petitioner. While the state law regulating dangerous dogs allows cities to regulate "potentially dangerous dogs," the Seattle ordinance in question fails to make a distinction between the two types of dogs. Justice Sanders wrote: "As Mr. Rabon notes, if the City were correct, dog owners and defense attorneys would find themselves arguing the bite was so vicious that the dog qualifies as "dangerous" in order to spare the dog's life." Thus, the ordinance "eviscerates" the dual definition and violates the overriding state law on dangerous dogs. |
Case |
| Rabon v. City of Seattle (II) | 34 P.3d 821 (Wash.App. Div. 1,2001) | 107 Wash.App. 734 (2001) |
This Washington case constitutes plaintiff's second appeal in extended litigation aimed at preventing the City of Seattle from destroying his dogs after a jury convicted him of the criminal charge of owning vicious dogs. The case began when Rabon filed a civil suit seeking an injunction against having his dogs destroyed. This present appeal is from an order dismissing his constitutional claims against the City on summary judgment. In affirming the order of summary judgment, this court held that a person's interest in keeping a vicious dog as a pet is not so great as to require a more careful procedure than is provided by Seattle's administrative and hearing process. The fact that plaintiff did not have a right to an immediate pre-deprivation hearing before the dogs were seized and impounded is justified by the strong public interest in prompt action to prevent more attacks. |
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