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Title Citation Alternate Citation Summary Type
Friesen v. Saskatchewan Society for the Prevention of Cruelty to Animals 2008 CarswellSask 438 2008 SKQB 150

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.

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Canada - Nova Scotia Statutes - Animal Protection Act SNS 2008, c 33 This set of laws replaces the Animal Cruelty Prevention Act. The Act outlines the establishment and powers of the Nova Scotia Society for the Prevention of Cruelty to Animals. In addition, the Act also provides that no person shall cause an animal to be in distress. First and second time violators face up to $5,000 in fines and in default of payment, to imprisonment for a term not exceeding six months, or both fine and imprisonment. A third offense would result in a fine of up to $10,000 and in default of payment, to imprisonment for a term not exceeding six months, or both fine and imprisonment. The courts can also prohibit the ownership of animals and may impose a lifetime ban on owning animals. Statute
Canada - B.C. - B.C. Statutes - Vancouver Charter. Part XIV -- Nuisances S.B.C. 1953, c. 55, s. 323 - 324(A)3 These British Columbia, Canada laws provide the laws for preventing, abating, and prohibiting nuisances, which include dangerous dogs. The laws describe what constitutes a dangerous dog and what actions may be taken with a dangerous dog. The set also contains provisions that allow for the creation of by-laws to control and impound animals. Statute
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.

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Canada - Canada Federal Statutes. Criminal Code. Part VIII -- Offences Against the Person and Reputation. Criminal Negligence. R.S.C. 1985, c. C-46, s. 219 - 221 The statutory definition of criminal negligence involves doing any act or omitting to do a legal duty that shows wanton or reckless disregard for the lives or safety of other persons. In alleged criminal cases, it is the State rather than the attack victim who lays the charges. Statute
Canada - Manitoba Statutes. The Animal Liability Act S.M. 1998, c. 8 [C.C.S.M., c. A95], as am. S.M. 2002, c. 24, s. 4; 2002, c. This set of laws comprises the Manitoba Animal Liability Act. Under the Act, the owner of an animal is liable for damages resulting from harm that the animal causes to a person or to property, but the damages awarded can be reduced depending upon the contributory fault or negligence of the plaintiff. In addition, no animal may run at-large under this law. Any person who finds a dog,wild boar, or prescribed animal worrying, injuring or killing livestock on the premises of the owner or possessor of the livestock that person may destroy the dog, wild boar or prescribed animal. Statute
Harvard College v. Canada (Commissioner of Patents) 2002 SCC 76 [2002] 4 S.C.R. 45

The respondent applied for a patent on an invention entitled “transgenic animals”.  In its patent application, the respondent seeks to protect both the process by which the "oncomice" are produced and the end product of the process, i.e. the founder mice and the offspring whose cells contain the oncogene.  The process and product claims extend to all non‑human mammals.  The process claims were allowed by the Patent Examiner, while the product claims were rejected.  The appellant Commissioner confirmed the refusal of the product claims.  The Federal Court, Trial Division, dismissed the respondent’s appeal from the appellant’s decision.  At the Supreme Court of Canada, the Court held the appeal should be allowed. A higher life form is not patentable because it is not a “manufacture” or “composition of matter” within the meaning of “invention” in s. 2 of the Patent Act .

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Canada - P.E.I. Statutes - Companion Animal Protection Act CHAPTER A-11.2 This set of laws comprises the Prince Edward Island (PEI) Companion Animal Protection Act. The act outlines the duties of animal owners including a duty to provide animals with adequate food, water, and shelter and access to veterinary care when injured or ill. Further, under the act, no person shall torture an animal or inflict on or cause unnecessary pain or suffering to an animal. Additionally, no person shall perform, or permit to be performed, cosmetic surgery on an animal unless medically necessary (as defined). No person shall operate a companion animal retail store unless the person holds a license issued by the Director for that purpose. The disposition of seized animals is described in the law as well as appointment of humane agents. A person found to be violating the act is subject to a fine of not less than $500 and not more than $10,000, and/or imprisonment for a term of not more than six months, with increasing fines and incarceration terms for subsequent offences. Statute
Canada - New Brunswick Statutes. Sheep Protection Act R.S.N.B. 1973, c. S-7, s. 1 - 6 This set of New Brunswick laws comprises the Sheep Protection Act. Under the Act, where a sheep is killed or injured by a dog, the owner of the sheep may, within forty-eight hours, notify the Minister. The Minister then appoints an investigator who reports his or her findings back to the Minister. The Minister may then recover the expenses of the investigation from the owner of the dog, and may order the destruction of the dog. Statute
Tulloch v. Melnychuk 1998 CarswellAlta 573

In this case, the Plaintiff seeks damages from the Defendants for trespass to chattels. She alleged that the Defendants shot her valuable dog. The Defendants countered that they were justified in shooting the dog since it was on their land chasing and worrying their cattle contrary to the Stray Animals Act, R.S.A. 1980, c. S-23, Part 3. Here, the court found credible the testimony from the defendant cow-operator that the dog was chasing a lame cow to the point where the cow was exhausted. The action by plaintiff was dismissed.

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