This is an application by the Crown for an Order quashing the decision of the Justice of the Peace which dismissed the Crown’s application for forfeiture under section 490(9) of the Criminal Code for want of jurisdiction. The Crown also applied for an order of mandamus requiring the Justice of the Peace to exercise her jurisdiction pursuant to section 490(9) of the Code.
The respondent, Monster, faced counts of cruelty to animals for failing to provide suitable and adequate care, aiding or assisting in the fighting of animals, and for being the owner and willfully permitting to be caused unnecessary pain, suffering, and injury by allowing or permitting his animals to fight contrary to s. 446(1)(c), s. 446(1)(d) and s. 446(1)(a) of the Criminal Code.
The Justice of the Peace determined that she did not have jurisdiction as the dogs were not required to be detained for the purposes of proceeding against Monster and that he was the owner of the dogs. She also found that forfeiture could only be ordered to the Queen and not the Police.
This application was allowed. An order for mandamus was granted, quashing the dismissal of the application for forfeiture. The Justice of the Peace failed to hear the evidence that the dogs were used for fighting, were dangerous animals and that the possession of these animals by Monster was contrary to the Criminal Code.
Source: Case Law