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
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Pilot reported fire onboard plane carrying fuel, attempted to return to Fairbanks just before crash
One of the two pilots aboard an airplane carrying fuel reported there was a fire on the airplane shortly before it crashed and burned outside Fairbanks, killing both people on board, a federal aviation official said Wednesday.
'One of the single most terrifying things ever': Ontario couple among passengers on sinking tour boat in Dominican Republic
A Toronto couple are speaking out about their 'extremely dangerous' experience on board a sinking tour boat in the Dominican Republic last week.
7 surveillance videos linked to extortions of South Asian home builders in Edmonton released
The Edmonton Police Service has released a number of surveillance videos related to a series of extortion cases in the city now dubbed 'Project Gaslight.'
Ukraine uses long-range missiles secretly provided by U.S. to hit Russian-held areas, officials say
Ukraine for the first time has begun using long-range ballistic missiles provided secretly by the United States, bombing a Russian military airfield in Crimea last week and Russian forces in another occupied area overnight, American officials said Wednesday.