R v Freymond, [2006] OJ No 608 (ON Ct J)

This an application by the accused Freymond and Cheffins to exclude evidence obtained against them because their rights under the Canadian Charter of Rights and Freedoms were violated.

Freymond was charged with with being the owner of 29 dogs and willfully neglecting or failing to proved suitable and adequate food, water, shelter and care for those dogs, contrary to section 446(1)(c) of the Criminal Code of Canada. Cheffins was charged the same, in regard to 45 dogs.

An agent of the Ontario Society for the Protection of Cruelty to Animals received a complaint that a large number of dogs were being neglected in a gravel pit. The accused claimed that the agent conducted an unreasonable warrantless search to obtain the evidence.

The application was allowed as the search was not authorized by law.

The Ontario Society for the Prevention of Cruelty to Animals Act authorizes a warrantless search only when the Society’s agent observed an animal in immediate distress, and in this case, the agent had not observed the dogs until she trespassed on the property.

The court found that the rights of the accused to be secure against an unreasonable search and seizure was violated. Therefore, the inclusion of the evidence would adversely affect the administration of justice.

Source: Case Law

Jurisdiction: Ontario

Topics: applicationChargedCharter of Rights and FreedomsCriminal Codedogdogsevidenceneglectsearchseizure

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