R v Peterson, 1928 CanLII 228 (SKQB)

The accused was charged under section 537 of the Criminal Code of wilfully killing a silver black fox which had escaped from its cage. The fox was the property of a fox breeding company, and she escaped during feeding and jumped over the fence surrounding the property. The accused’s premises are situated about 500 yards from the ranch and he kept a number of pure bred chickens running in an open place.

The Court looked at many cases but was unable to find any directly on the point of killing animals such as foxes. However, the Court found that the cases in connection with charges for killing dogs were applicable in this case.

The Court found that  the accused’s act in shooting the fox fell within the scope of the definition of the word “wilfully” and that the accused was justified in shooting the fox to protect his property.

Therefore, the charge was dismissed.

Source: Case Law

Jurisdiction: Saskatchewan

Topics: breederCriminal Codefoxkillpropertywilful

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