R v Andres, 2014 SKPC 075 (CanLII)

The home and yard and farm property of the accused were searched by animal protection officers employed by the Saskatchewan Society for the Prevention of Cruelty to Animals (SSPCA). These officers had a search warrant obtained that day under s. 7 of The Animal Protection Act. They were accompanied by two police officers. A veterinarian was contacted and after examining the animals—dogs, horses and cattle—one cow was euthanized and a number of doges were seized.

As a result of this search and seizure, Mr. Andres was charged: (1) under s. 4(2) of The Animal Protection Act of Saskatchewan, with, being a person responsible for an animal, causing or permitting the animal to be, or to continue to be, in distress; and (2) under subsection 446(1)(b) of the Criminal Code, with, being the owner or the person having the custody or control of animals (cattle, horses and dogs), wilfully neglecting or failing to provide suitable and adequate food, water, shelter and care for the animals.

Mr. Andres raised Charter issues under s. 24(2) of the Charter of Rights and Freedoms. (1) Was Mr. Andres’ right to be secure from unreasonable search and seizure, under s. 8 of the Charter, violated? (2) Did any actions by the animal protection officers or a police officer constitute a breach of his rights under s. 9 under s. 10(a) and (b) of the Charter?

The Court found that the warrant was lawful and that the search, as authorized by the warrant, was done in a reasonable fashion. The Court was also not satisfied that there was a breach of Mr. Andres’ right to be free from arbitrary detention under s. 9 of the Charter, nor that there was any obligation on the officers to comply with s. 10 of the Charter.

Therefore, the Court dismissed the application under s. 24(2) of the Charter.

Source: Case Law

Jurisdiction: Saskatchewan

Topics: cattleCharterCharter of Rights and FreedomscowdogeuthanizefarmhorsepropertysearchseizureSPCAwarrant

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