Recent Cases

Ms. Williamson recently represented a man charged with animal neglect under the Animal Protect Act of Alberta. In this case, his elderly geriatric dog became ill during the summer. He noticed weight loss so he and his wife increased his food and treats. This did not seem to make his dog gain weight. Our client then noticed a bump which grew and continued to increase in size over the summer and into the fall. Our client had previous experience with dogs and was familiar with “benign bumps” which are essentially fatty deposits that are common in older dogs.

He had been told if the bump is not connected to the muscle or body, meaning you can put your fingers around and behind it, then there is nothing to worry about. In this case, the bump was connected to his dog’s body. Our client suspected his dog had cancer. He was committed to ensuring his dog was as happy and as healthy as he could be knowing that his life was nearing the end.

Often times, larger older dogs are not going to be good candidates for surgery and cost is also a factor. Our client, ensured he was monitored and as pain free as he could be. In the fall, his dog exhibited symptoms that necessitated a vet visit. Our client feared this was the end so he ensured he had his family come and say goodbye. He then took his dog into the vet visit. He suspected euthanasia would be recommended and was mentally prepared for it. This was done.

Our client requested and paid for private cremation. He expected to have the remains returned and he had personal family plans in place. However, this did not happen. Some months later, he is contacted by the Calgary Humane Society peace officers. He’s told he is under investigation for animal neglect. Thankfully, our client learned about his legal rights, he invoked and exercised these rights and did not give a statement.

Eventually he was charged under section 2(1) of the APA. This section states:

Prohibition against causing distress

• 2(1) No person shall cause or permit an animal of which the person is the owner or the person in charge to be or to continue to be in distress.
• (1.1) No person shall cause an animal to be in distress.
• (2) This section does not apply if the distress results from an activity carried on in accordance with the regulations or in accordance with reasonable and generally accepted practices of animal care, management, husbandry, hunting, fishing, trapping, pest control or slaughter.

The prosecutor’s theory was that our client “waited too long” to bring his dog in for veterinary treatment and care and therefore caused or permitted distress.

The APA is regulatory legislation. It covers all animals (non-wildlife) in Alberta. Defending allegations under the APA is more complex because the legal burden will shift to an accused, if the actus reus is met. In criminal cases, the legal burden never shifts. If the prosecutor persuades the judge that the accused person caused or permitted the animal to be in distress. The accused person can mount a defence of due diligence and has to meet this burden on a balance of probabilities. In this case that is exactly the case plan that we built. We gathered evidence to demonstrate the steps our client and his wife took after the dog had developed the bump and when the symptoms started appearing. There have been several successful cases recently in Alberta where we and others have won on the basis of either proving due diligence or convincing the judge that the prosecuted failed to prove the actus reus.

In this case, we won without having to go to court (albeit on the first day of trial).

If you have been charged with an animal neglect case, contact our experienced and skilled lawyers at Wyman & Williamson Criminal Barristers today.