Displaying 41 - 50 of 63
Title Citation Alternate Citation Summary Type
R v. Shand R. v. Shand, 2007 ONCJ 317 In R v Shand 2007 ONCJ 317 (CanLII), the court examined the necessary elements required to established the “willful” mens rea component present in Canadian Federal Criminal Statute s. 429. The accused was charged with three counts of animal cruelty contrary to s.446 of the Criminal Code in relation to a dog in her care. The court found that on two of the counts that the accused was had acted "wilfully" because she was either "reckless or indifferent as to her dog's condition." Case
Bacon (Litigation Guardian of) v. Ryan 1995 CarswellSask 540 [1996] 3 W.W.R. 215, 27 C.C.L.T. (2d) 308, 138 Sask. R. 297

The child plaintiff was bitten on the face by a pitbull owned by the defendants, requiring reconstructive surgery and two days hospitalization and causing permanent scarring. The dog had bitten the owner's young son two weeks earlier while he played near the dog's food dish'; they contemplated having the dog euthanized but decided against it. The plaintiff's mother had heard about the bite incident but brought her daughter of the same age as the owner's son to visit, placing her on the floor where the dog bit her shortly after. The judge held that the defendants knew of the dog's propensity to bite young children but kept it ''at their peril" (suggesting strict liability or scienter, which was not however mentioned); such fault was sufficient to make the owners 2/3 liable for the child's $12,000 plastic surgery costs, pain and mental anguish. The plaintiff's mother was held 1/ contributorily liable for letting her child visit and play on the floor near the dog, knowing of its propensity.

Canada - Nova Scotia Statutes - Sheep Protection Act R.S.N.S. 1989, c. 424, s. 1 - 18(4)

This set of Nova Scotia laws comprises the Sheep Protection Act. Under the Act, any person may kill any dog which is found pursuing, worrying, wounding, killing or injuring sheep or is found straying at any time, and not under proper control, upon premises where sheep are usually kept. Within forty-eight hours after an owner discovers that one or more of his or her sheep have been killed or injured by a dog or dogs, he or she shall notify a sheep valuer who immediately makes a report in writing giving in detail the extent and amount of the damage. Where a dog is known to have killed or injured sheep, the owner on being duly notified shall within forty-eight hours cause the dog to be killed.

Canada - Alberta - Alberta Statutes. Animal Protection Act R.S.A. 2000, c. A-41, s. 1

This set of laws from Alberta, Canada comprises the Animal Protection Act. The Act states that no person shall permit or cause an animal to be in distress. Specifically, a person who owns or is in charge of an animal must ensure that the animal has adequate food and water, must provide the animal with adequate care when the animal is wounded or ill, and must provide the animal with reasonable protection from injurious heat or cold as well as adequate shelter, ventilation and space. A person who contravenes this Act is guilty of an offence and liable to a fine of not more than $20 000 in addition to restrictions on owning animals for a specified period of time. The Act also outlines the power of both peace officers to take animals in distress into their custody and humane societies to provide care for seized animals.

R v. Menard R v. Menard 1978 CarswellQue 25 R v. Menard (1978) 43 C.C.C. (2d) 458 The accused in R v. Menard had a business euthanizing animals by use of motor exhaust which caused pain and burns to the mucous membranes of the animals he was euthanizing. In a decision written by future Canadian Supreme Court Chief Justice, Lamer J. overturned a decision from the lower courts and reinstated the original conviction. Lamer J. statements about the animal-human relationship have been influential in Canadian Animal case law. Case
Janota-Bzowska v. Lewis 1997CarswellBC1957 96 B.C.A.C. 70, 155 W.A.C. 70, 43 B.C.L.R. (3d) 352, [1997] B.C.J. No. 2053

The respondent Janota-Bzowska was an invited guest at the home of the appellant Lewises, where another guest (appellant Holtzman) had tied his Labrador dog outside; the dog lunged at the respondent, causing her to fall and break her finger. A trial court earlier found both dog-owner and home-owners liable to Janota-Bzowska under the doctrines of scienter (strict liabilty) and negligence. On appeal, the court held that there was insufficient evidence to establish that the dog had a propensity to lunge at people, or that the owner knew of such propensity, although the dog was known to chase deer. However, this was not sufficient to allow recovery under scienter. On the issue of negligence, the court also held that the dog's behaviour being 'unexpected and out of character' showed no suggestion of a risk for which the owner had failed to take reasonable precautions, so there was no negligence shown.

Canada - Ontario - Ontario Statutes - Animals for Research Act R.S.O. 1990, c. A.22 s.1 -

This set of laws comprises the Ontario Animals for Research Act. The law requires an operator to be licenced; the licence may be revoked or suspended where, among other things, the operator commits animal cruelty or neglect. Research facilities under this act are also subject to registration. Notably, the Act provides that every animal used in a registered research facility in any experiment that is likely to result in pain to the animal shall be anaesthetized so as to prevent the animal from suffering unnecessary pain. Further, the operator of a research facility shall provide analgesics adequate to prevent an animal from suffering unnecessary pain during the period of its recovery from any procedure used in an experiment.

Canada - Alberta - Service Dogs Act S.A. 2007, c. S-7.5

This Alberta, Canada law provides that no person shall deny to any person the accommodation, services or facilities available in any place to which the public is customarily admitted, or discriminate against any person for the reason that the person is a disabled person accompanied by a service dog or a certified dog-trainer accompanied by a dog in training. The law goes into effect January of 2009.

McAllister v. Wiegand 2009CarswellOnt189

The plaintiff, a 55-year old woman and recent acquaintance of the defendants, was bitten on the cheek by the defendant's bull mastiff dog, resulting in a spreading infection and loss of all her teeth. The plaintiff was an invited guest in the defendant's home where she had been on 3-4 prior occasions. There was a question over whether the incident arose when the plaintiff startled the dog from sleep by petting it while bending over it, or whether the dog had just awakened when it was petted and bit her. The court found that dog and plaintiff were familiar with each other and there was nothing provocative that should have caused the dog to retaliate. Thus according to Ontario's Dog Owner Liability Act, where owners are strictly or absolutely liable for their dogs' injuries to others, the defendants were strictly liable to the plaintiff for her injuries.

Canada - P.E.I. Statutes - Companion Animal Protection Act S.P.E.I. 2001, c. 4, s. 1 -

This set of laws comprises the Prince Edward Island (PEI) Companion Animal Protection Act. The object of this Act is to protect companion animals from abuse and neglect and to license and regulate the activities of companion animal establishments. Under the Act, no person shall wilfully cause a companion animal unnecessary pain, suffering or injury or permit it to be in distress. Any companion animal that is at large and or appears to be in distress may be caught and taken possession of by a person who is not the owner of the companion animal. Every person who fails to comply with this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $5,000.