Kelowna man did not cause poodle to become dangerous: judge
A Kelowna man has successfully appealed a $1,000 fine he was issued for "causing or permitting" his poodle to become a dangerous dog,
A B.C. Supreme Court decision, posted Friday, outlines what led up to the fine and why it was ultimately set aside.
The ticket dates back to January of 2020 when Ian Sisett had his three dogs – large poodles named Charlie, Diva, and Biscuit – off-leash at Okanagan College.
A woman passing by, the court heard, was walking her "small dog" named Spike when Sisett's dogs approached. The court was told the woman was able to chase off two of them, but not the third.
"Charlie grabbed Spike by the head and shook him, causing significant injuries including a fractured jaw that needed to be wired shut until it healed," the court decision says, noting the ensuing vet bill amounted to more than $6,000.
Justice Gary P. Weatherill found that because Charlie injured Spike and because Spike's injuries were serious, the determination that the poodle was dangerous was not wrong.
But the fact that Charlie was off-leash in an area where that was not allowed was not enough evidence to prove that Sisett had violated the bylaw, the judge found.
"Before one can 'cause or permit' a dog to become a dangerous dog, there must be a degree of active participation or control in encouraging a dog to be dangerous … or a state of indifference or acquiescence in knowing a dog has a propensity towards violence and doing nothing about it," the judgment says.
"There was no evidence … that remotely suggested Mr. Sisett knew that Charlie had any such propensity. Indeed, the evidence is to the contrary, that Charlie was a one-year-old playful puppy that liked to 'sniff' other dogs in the same manner most dogs greet each other. There is no evidence that the incident was anything other than a one-off event."
Sisett also appealed the conviction on the grounds that the judge and prosecutor were biased against him, that he was denied the opportunity to properly prepare, and that he was prevented from cross-examining witnesses.
"I find no merit to Mr. Sisett’s submissions regarding the fairness of the trial," the judge wrote.
CTVNews.ca Top Stories
Ontario to ban use of cellphones in school classrooms starting in September
Ontario is introducing a suite of measures that will crack down on cellphone use and vaping in schools.
Kitchener family says their 10-year-old needs life-saving drug that cost $600,000
Raneem, 10, lives with a neurological condition and liver disease and needs Cholbam, a medication, for a longer and healthier life.
'Do not consume': Gift Chocolate recalled due to undeclared milk, soy
The Canadian Food Inspection Agency has issued a recall for a specific chocolate brand sold in Ontario and Quebec.
Health minister 'deeply appreciative' of doctors but capital gains changes here to stay
Health Minister Mark Holland says while he is 'deeply appreciative' of the work doctors in Canada do, the federal government has no plans to scrap the proposed capital gains tax changes outlined in the latest budget, despite opposition from the Canadian Medical Association.
Invasive and toxic hammerhead worms make themselves at home in Ontario
Ontario is now home to an invasive and toxic worm species that can grow up to three feet long and can be dangerous to small animals and pets.
BREAKING Quebec to invest $603 million to protect the French language
Quebec will invest $603 million over five years to counter the decline of French in the province, French Language Minister Jean-Francois Roberge announced Sunday.
Key mediator Qatar urges Israel and Hamas to do more to reach a cease-fire deal
A senior Qatari official has urged Israel and Hamas to show "more commitment and more seriousness" in ceasefire negotiations in interviews with Israeli media, as pressure builds to reach a deal that would free some Israeli hostages and bring a ceasefire in the nearly seven-month-long war in Gaza.
Here's where Canadians are living abroad: report
A recent report sheds light on Canadians living abroad--estimated at around four million people in 2016—and the public policies that impact them.
Murder charge laid after man falls to death from Toronto apartment balcony
One person has been charged with second-degree murder in connection with the death of a man who fell from a balcony following an altercation inside a Toronto apartment building.