Anti-Cruelty

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Titlesort descending Summary
R (on the application of Patterson) v. RSPCA The defendants had been convicted of a number of counts of animal cruelty in 2011, to include unnecessary suffering pursuant to Section 4, and participation in a blood sport under Section 8 of the Animal Welfare Act 2006. Mr Patterson was found to have breached an attached disqualification order under Section 34 of the Animal Welfare Act 2006, on which this appeal is based. The order covered all types of animals for a period of five years. This prohibited him from owning, keeping, participating in the keeping of, or being a party to an arrangement under which he would be entitled to control or influence the way in which animals are kept. A number of animals were found and seized at the home. The appeal was allowed on the basis that Mr Patterson was not entitled to control or influence the way in which the animals were kept by his wife on the facts.
R v D.L. In R v D.L. (1999 ABPC 41) the phrase “wilfully and without lawful excuse” found in s.446 was at issue. In this case, two individuals were charged under s. 445(a) s.446 (1)(a) for killing a cat after the cats’ owner told them to “get rid of it” which they took to mean kill it. The judge in this case found that having permission to kill an animal was not a sufficient “lawful excuse” and did not lawfully give the authority to cause unnecessary pain and suffering to the animal. The accused was found not guilty on count 1 and guilty on count 2.
R v. Menard
R v. Shand 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."
R. (on the application of Petsafe Ltd) v Welsh Ministers


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.
R. v. Kirklees Metropolitan Borough Council, ex parte Tesco Stores Ltd.


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.
R. v. McConkey


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.
R. v. Senior


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)).
Re Wildlife Protection Association of Australia Inc. and Minister for the Environment, Heritage and the Arts


The Minister for the Environment approved plans for the 'harvesting' of Kangaroos in South Australia, Western Australia and Queensland. The Tribunal found that the killing of joeys, where the mother was also killed, was sanctioned by the Model Code relating to kangaroos and that any licences issued under the plans authorised those killings. The Tribunal found that the likelihood of compliance with the code, which stipulated the manner of killing of kangaroos, would be in the range of 95-99%. The Tribunal approved each of the plans but made a recommendation that future plans should involve a greater element of public consultation.
Reaching for Justice: An Analysis of Self-Help Prosecution for Animal Crimes

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