R. v. Tomalin (S.), (2011) 378 N.B.R.(2d) 269 (PC)

JudgeDuffie, P.C.J.
CourtProvincial Court of New Brunswick (Canada)
Case DateJune 23, 2011
JurisdictionNew Brunswick
Citations(2011), 378 N.B.R.(2d) 269 (PC);2011 NBPC 29

R. v. Tomalin (S.) (2011), 378 N.B.R.(2d) 269 (PC);

    378 R.N.-B.(2e) 269; 973 A.P.R. 269

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Temp. Cite: [2011] N.B.R.(2d) TBEd. SE.027

Renvoi temp.: [2011] N.B.R.(2d) TBEd. SE.027

Her Majesty the Queen v. Sandra Tomalin and Beverley Tomalin

(02731908; 2011 NBPC 29; 2011 NBCP 29)

Indexed As: R. v. Tomalin (S.)

Répertorié: R. v. Tomalin (S.)

New Brunswick Provincial Court

Duffie, P.C.J.

September 16, 2011.

Summary:

Résumé:

The defendants were charged jointly with failing to provide adequate food, water, shelter and care to 38 horses under their care and control contrary to the Society for the Prevention of Cruelty to Animals Act and Regulations.

The New Brunswick Provincial Court convicted the defendants.

Editor's Note: The following appeared on the cover page of the court's decision immediately under the style of cause "Judgment rendered by the Honorable Paul E. Duffie in the matter of a charge under section 4(1) of New Brunswick Regulation 2000-4, a regulation made under the Society for the Prevention of Cruelty to Animals Act, Chapter S-12 of the statutes of New Brunswick, in violation of section 18(1) of the said Act and contrary to section 18(2) of the said Act".

Animals - Topic 7046

Offences - Particular offences - Failure to provide adequate food, water, shelter or care - The defendants were charged jointly with failing to provide adequate food, water, shelter and care to 38 horses under their care and control contrary to the Society for the Prevention of Cruelty to Animals Act and Regulations - The animals were found to be in very poor health, dehydrated and infected with parasites and lice - The New Brunswick Provincial Court gave the defendants the benefit of the doubt as regard to the shelter issue, as there was some wood shelter and the defendants were constructing a barn - However, the court found that the defendants were not prepared to care for that many horses - The grassing area, food and water supply were inadequate, and veterinary care was non-existent - The court was satisfied beyond a reasonable doubt that the defendants were guilty as charged.

Animals - Topic 7046

Offences - Particular offences - Failure to provide adequate food, water, shelter or care - Section 4(1) of the General Regulation under the Society for the Prevention of Cruelty to Animals (SPCA) Act provided that a person who owned or possessed an animal had to ensure that the animal had an "adequate" source of food and water and provide the animal with "adequate" medical attention when the animal was wounded or ill - Section 18 of the SPCA Act provided that it was an offence for a person to fail to provide an animal with food, water, shelter or care as required by the regulations - The New Brunswick Provincial Court stated that "adequate" in this context was as defined in Black's Law Dictionary (4th Ed.): "Sufficient; proportionate, equally efficient; equal to what is required; suitable to the case or occasion; satisfactory" - See paragraphs 51 to 53.

Animaux - Cote 7046

Infractions - Infractions particulières - Défaut de fournir de la nourriture, de l'eau, un abri et des soins adéquats - [Voir Animals - Topic 7046 ].

Words and Phrases

Adequate - The New Brunswick Provincial Court discussed the meaning of this word as it appeared in s. 4(1) of the General Regulation - Society for the Prevention of Cruelty to Animals Act, N.B. Reg. 2000-4 - See paragraphs 51 to 53.

Statutes Noticed:

General Regulation - Society for the Prevention of Cruelty to Animals Act - see Society for the Prevention of Cruelty to Animals Act Regulations (N.B.).

Society for the Prevention of Cruelty to Animals Act, R.S.N.B. 1973, c. S-12, sect. 18(1), sect. 18(2) [para. 52].

Society for the Prevention of Cruelty to Animals Act Regulations (N.B.), General Regulation, Reg. 2000-4, sect. 4(1)(a), sect. 4(1)(b), sect. 4(1)(c) [para. 50].

Counsel:

Avocats:

Charles Couturier, on behalf of the Crown;

James H. McCue, on behalf of the defendants.

This trial was held on May 4-6 and June 23, 2011, before Duffie, P.C.J., of the New Brunswick Provincial Court, who delivered the following decision on September 16, 2011.

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