R v Camber, 1976 CanLII 945 (SKQB)

The accused destroyed dogs on his property and the Court considered what is lawful justification, and essentially the justification proposed in this case was that the accused sincerely and honestly believed that these dogs were strays and, secondly, that this was a ranch where cattle were at this time calving and this was to protect the cattle.

However, the Court stated that there was nothing to indicate that the dogs had the propensity to worry the cattle or were dangerous to any human being. There was nothing to indicate that these dogs were vicious in any way and it was the first time that these animals were on this place.

In conclusion, the Court did not think that there is justification under the provisions of the Code to destroy the animals. Therefore, allowing the appeal as there was no lawful justification for the destruction of these animals and that the accused is guilty as charged.

Source: Case Law

Jurisdiction: Saskatchewan

Topics: appealcattledogguiltykillproperty

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