R. v. Robertson

R. v. Robertson

The Code of Practice was not incorporated into Nova Scotia law and directions based solely on it lacked legal force; where directions relied on the Regulations they did not apply to the accused’s operation on the evidence; the Crown failed to prove beyond a reasonable doubt that the accused caused or permitted distress and the accused proved on the balance of probabilities that she exercised due diligence to avoid the offences; accordingly acquittal is required.

Citation
2021 NSPC 21
Parties
Crown: R.; Defendant: Karin Robertson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 March 2021
Procedural Posture
Criminal Regulatory Offences Under Provincial Animal Protection Acts / Trial Decision (oral March 3, 2021; Written Reasons April 29, 2021)
Outcome
Accused acquitted of all charges (not guilty on all counts)
Legal Topics
Due Diligence Defence, Strict Liability Offences, Incorporation by Reference, Definition of Distress, Orders to Comply, Standards of Care Regulations
Source Language
English
Animal Law Regulatory Offences Administrative Law Statutory Interpretation Evidence Law Due Diligence Defence Strict Liability Offences Incorporation by Reference +3 more

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Parties

R.

Crown

Karin Robertson

Defendant

Procedural Posture

Criminal Regulatory Offences Under Provincial Animal Protection Acts / Trial Decision (oral March 3, 2021; Written Reasons April 29, 2021)

Legal Issues

  1. 1 Was the accused legally required to comply with SPCA directions based on A Code of Practice for Canadian Kennel Operations?
  2. 2 If required, did the accused establish due diligence to avoid commission of offences for failing to comply with directions?
  3. 3 Did the accused fail to comply with directions grounded in the Standards of Care for Cats and Dogs Regulations, and if so was there due diligence?

Ratio Decidendi

The Code of Practice was not incorporated into Nova Scotia law and directions based solely on it lacked legal force; where directions relied on the Regulations they did not apply to the accused’s operation on the evidence; the Crown failed to prove beyond a reasonable doubt that the accused caused or permitted distress and the accused proved on the balance of probabilities that she exercised due diligence to avoid the offences; accordingly acquittal is required.

Court Disposition

Accused acquitted of all charges (not guilty on all counts)

Orders

  • Accused acquitted of all charges