Ms. Merrett had lived with her cat since 2004. In December 2006, Ms. Merrett offered Mr. Canaday and his girlfriend a place to stay until they could find jobs. On Christmas Day, when Ms. Merrett was out visiting her mother, Mr. Canaday used a broom handle to inflict multiple injuries to the cat. When Ms. Merrett arrived home, she found the cat in obvious distress. Pieces of broom handle were littered over the floor as was cat blood, fur and feces. Broom-handle shaped indents had been made on the walls. The cat had to be euthanized. Mr. Canaday admitted the facts as stated by the Crown and his guilt in the matter.
The Court accepted a custodial sentence of 30 days, relying on another case wherein an individual had beaten a cat to death and received a 60 day custodial sentence. Though the judge noted the need for denunciation and deterrence in this case, the judge allowed Mr. Canaday to serve the sentence intermittently so that he could keep his job. The judge also made an order under s. 447 of the Criminal Code prohibiting Mr. Canaday from owning, having custody of or residing in the same premises as an animal or a bird for ten years.
Source: Case Law
Jurisdiction: British Columbia