Two defendants plead guilty to a charge of unlawfully causing the dog they owned distress by leaving the dog in a car on a hot day. The issues before the Court was the appropriate penalty to impose, whether a conditional discharge was available to the defendants, and if such a discharge was appropriate. At the time of the event, two windows were left open approximately one inch. Drinking water was also present in the vehicle. Before the dog was released by the fire department, the temperature in the vehicle was a potentially fatal 124 degrees Fahrenheit.
The Court held that a conditional discharge under section 736 of the Criminal Code was not available to the Court. Satisfied that the Defendants showed true remorse for their actions, the Court imposed a fine of $200 on each of the defendants plus a 15% provincial surcharge.
Source: Case Law