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ARTICLE · 28 AUGUST 2014

Agricultural Law NetLetter - Thursday, August 21, 2014 - Issue 306

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A Justice of the British Columbia Supreme Court has set aside the conviction of a B.C. cattle rancher who shot a neighbour's dog which was chasing her cattle.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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HIGHLIGHTS

A Justice of the British Columbia Supreme Court has set aside the conviction of a B.C. cattle rancher who shot a neighbour's dog which was chasing her cattle. In a thorough and careful decision, the Court concluded that the common law justification of defence of property, and the provisions of s. 11.1(2) of British Columbia's Livestock Act were available as defences to the rancher. Section 11.1(2) permits persons to kill dogs if the person finds the dog: (a) running at large, and (b) attacking or viciously pursuing livestock. The Court also found that the defence of colour of right may be available if the person honestly believed that they had an excuse or justification under either the common law doctrine of defence of private property or the Livestock Act. (R. v. Robinson, CALN/2014-029, [2014] B.C.J. No. 2016, British Columbia Supreme Court)

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