R v Girard, [2011] OJ No 6531 (ON Ct J)

The accused, Madeleine Girard, was charged with failing to comply with the standards of care, contrary to the Ontario Society for the Protection of Cruelty to Animals, Section 11.1(1): every person who owns or has custody or care of an animal shall comply with the prescribed standards of care with respect to every animal that the person owns or has custody or care of.

The puppy, estimated to be less than a year old, was left vulnerable and defenceless on its own, as it died a very long, slow and painful death. The accused, the puppy’s owner, neglected to provide for its care. Ms. Girard reportedly knew how to access the City of Ottawa’s social services as well as failing to seek the services of the Ottawa Humane Society to get assistance for the puppy.

The court was satisfied beyond a reasonable doubt that all the essential elements had been proven, therefore finding the accused guilty of the offences charged.

The accused was sentenced to a period of incarceration for 10 months. The court also imposed a lifetime prohibition order not to own any animal, nor to live in a residence where any animal is. This was in regard to any and all species. In addition, any animals found in the defendant’s care are to be immediately surrendered. Additionally, a $500.00 restitution payable to the Ottawa Humane Society was ordered, along with inspection rights for the OSPCA officers between the hours of 9:00 a.m. and 11:00 p.m., and when she is present; and she must inform of any change of address.

Source: Case Law

Jurisdiction: Ontario

Topics: carecustodydeathdistressdogfoodneglectOSPCA ActprohibitionpuppySPCAstandards of carewater

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