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
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.
MPP Sarah Jama asked to leave Ontario legislature for wearing keffiyeh
MPP Sarah Jama was asked to leave the Legislative Assembly of Ontario by House Speaker Ted Arnott on Thursday for wearing a keffiyeh, a garment which has been banned at Queen’s Park.
Mountain guide dies after falling into a crevasse in Banff National Park
A man who fell into a crevasse while leading a backcountry ski group deep in the Canadian Rockies has died.
Body of Quebec man who died in Cuba found in Russia, family confirms
A Montreal-area family confirmed to CTV News that the body of their loved one who died while on vacation in Cuba is being repatriated to Canada after it was mistakenly sent to Russia.
Expert warns of food consumption habits amid rising prices
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
Saskatchewan isn't remitting the carbon tax on home heating. Why isn't my province following suit?
After Prime Minister Justin Trudeau said the federal government would still send Canada Carbon Rebate cheques to Saskatchewan residents, despite Saskatchewan Premier Scott Moe's decision to stop collecting the carbon tax on natural gas or home heating, questions were raised about whether other provinces would follow suit. CTV News reached out across the country and here's what we found out.
Montreal actress calls Weinstein ruling 'discouraging' but not surprising
A Montreal actress, who has previously detailed incidents she had with disgraced Hollywood producer Harvey Weinstein, says a New York Court of Appeals decision overturning his 2020 rape conviction is 'discouraging' but not surprising.
RCMP officers had no legal authority to enter man's home, make arrest: B.C. court
A B.C. man has been found not guilty of assaulting two RCMP officers – with the court finding he was resisting an "unlawful entry and arrest" in his home before he was tasered, taken down and hauled away in handcuffs.
'Deep ignorance': Calls for Manitoba trustee to resign sparked after comments about Indigenous people and reconciliation
A rural Manitoba school trustee is facing calls to resign over comments he made about Indigenous people and residential schools earlier this week.