R. v. Ryan (P.), (2006) 286 Sask.R. 272 (PC)

• Judge: Whelan, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: September 06, 2006
• Jurisdiction: Saskatchewan
• Citations: (2006), 286 Sask.R. 272 (PC);2006 SKPC 80

R. v. Ryan (P.) (2006), 286 Sask.R. 272 (PC)

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. OC.007

Her Majesty The Queen v. Pat Ryan

(Information No. 40451134; 2006 SKPC 80)

Indexed As: R. v. Ryan (P.)

Saskatchewan Provincial Court

Whelan, P.C.J.

September 6, 2006.

Summary:

The accused was charged with practising veterinary medicine while not being a member of the Saskatchewan Veterinary Medical Association contrary to ss. 17 and 37 of the Veterinarians Act.

The Saskatchewan Provincial Court convicted the accused.

Professional Occupations - Topic 2601

Veterinarians - General - The Saskatchewan Provincial Court held that statutes granting professional monopolies, such as the Veterinarians Act 1987, had to be strictly applied - See paragraph 54.

Professional Occupations - Topic 2604

Veterinarians - Veterinary medicine defined - A horse was experiencing pain when its trainer put a bit into its mouth and therefore needed its wolf teeth removed - The accused, who was not a veterinarian, examined the horse, administered sedivet, a prescription drug, and attempted to remove the horse's wolf teeth - Problems ensued and a veterinarian was subsequently retained - The accused had taken a course in equine dentistry in the United States - The accused was charged with practising veterinary medicine while not being a member of the Saskatchewan Veterinary Medical Association contrary to ss. 17 and 37 of the Veterinarians Act - The Saskatchewan Provincial Court convicted the accused - The court held that the accused contravened the Act by engaging in the practice of veterinary medicine in three ways: (1) diagnosing and advising a drug to prevent bodily injury; (2) administering a drug to prevent bodily injury; and (3) performing a surgical operation on an animal.

Professional Occupations - Topic 2762

Veterinarians - Unauthorized practice - What constitutes - [See Professional Occupations - Topic 2604 ].

Statutes - Topic 510

Interpretation - General principles - Strict interpretation - [See Professional Occupations - Topic 2601 ].

Cases Noticed:

Alberta Veterinary Medical Association v. Pequin (2002), 328 A.R. 59; 2002 ABQB 848, refd to. [para. 40].

British Columbia Veterinary Medical Association v. Bishop, [2006] B.C.T.C. 556; 2006 BCSC 556, refd to. [para. 40].

British Columbia Veterinary Medical Association v. MacDonald (2005), 213 B.C.A.C. 10; 352 W.A.C. 10; 2005 BCCA 225, refd to. [para. 40].

Collège des pharmaciens (Qué.) v. Laporte, [1976] 1 S.C.R. 101; 10 N.R. 602, refd to. [para. 40].

Saskatchewan Veterinary Medical Association v. Murray (2002), 216 Sask.R. 22; 2002 SKQB 57, refd to. [para. 40].

R. v. Murray - see Saskatchewan Veterinary Medical Association v. Murray.

R. v. Windrum (P.) (1994), 126 Sask.R. 15 (Q.B.), refd to. [para. 40].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 3 C.R.(4th) 302; 63 C.C.C.(3d) 397, refd to. [para. 41].

R. v. McKenzie (P.N.) (1996), 141 Sask.R. 221; 114 W.A.C 221; 106 C.C.C.(3d) 1 (C.A.), refd to. [para. 41].

Brough (George L.) Marine Consultants Ltd. v. Aqua Terra Flotations Ltd. (1982), 18 B.L.R. 217 (S.C.), refd to. [para. 51].

Statutes Noticed:

Veterinarians Act, S.S. 1986-87-88, c. V-5.1, sect. 2(1), sect. 17, sect. 37 [para. 39].

Authors and Works Noticed:

Driedger, Elmer A., Construction of Statutes (2nd Ed. 1983), p. 87 [para. 50].

Counsel:

N. Stooshinoff, for the Crown;

A. Mason, for the Defence.

This case was heard before Whelan, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on September 6, 2006.