R v Bodnar 2009 BCPC

Mr. Bodnar was charged with cruelty to animals under s. 446(1)(c) of the Criminal Code for neglecting or failing to provide suitable and adequate food, water, shelter and care for his six dogs, and under s. 24(1) of the Prevention of Cruelty to Animals Act for causing or permitting the dogs to be or continue to be in distress.

A series of complaints were made to the SPCA. On examination, the dogs were found to be undernourished and kept in pens that did not provide sufficient shelter, and were not clean. The SPCA inspector ordered Mr. Bodnar to improve the living situation of the dogs within the next 48 hours. He further ordered Mr. Bodnar to take the dogs to the vet if they did not gain weight. The ensuing interactions between Mr. Bodnar and the SPCA became hostile, with Mr. Bodnar lying to the SPCA and refusing to interact with them. On September 11, 2007, the SPCA applied for and received a search warrant in order to examine the dogs. The dogs were found in extremely unsanitary conditions and a veterinarian found that they were in poor or critical condition due to malnutrition and their poor living conditions. The dogs were removed to a SPCA shelter where they quickly regained weight.

The Court found that Mr. Bodnar had refused to take responsibility for his dogs, in fact inappropriately leaving his responsibilities for the six high needs dogs to his 14 year old daughter. The Court found Mr. Bodnar guilty of both counts of animal cruelty. Mr Bodnar was given a 3 months condition sentence for the first charge, a $50 fine for the second charge, and prohibited from owning or having custody or control of any animal under s. 24(3) of the Prevention of Cruelty to Animals Act for a period of fifty years.

Source: Case Law

Jurisdiction: British Columbia

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