Rabbit Advocacy Animal Matters

Our take: Dog case raises interesting legal question

March 19, 2014 Cowichan News Leader editorial

It will be interesting to watch how the case proceeds against a man alleged to have stolen a dog from a Duncan residence last month. If there was ever a case that straddles the fine line between what is illegal, and what is just, it could be this one.

“Bear” is the name being given the pooch in question. It first came to the public’s attention in early February after a photo began making the rounds on Facebook. The photo showed Bear surrounded by feces and other filth outside a Duncan residence.

The dog was the subject of an SPCA investigatation, but before any action could be taken, the animal disappeared, only to resurface on another Facebook page, complete with a picture of it happily licking a man after being “rescued” from its unhappy situation.

The rescuer (who has since gone quiet) was initially proud of his actions, contacting the NLP saying he found the dog in distress, hanging from the ceiling, and he took action to remove it from danger. Many readers agreed he did the right thing. And if his version of what occurred checks out, we do too.

When he appears in court next month — again, assuming his story checks out — we want to see a legal system in place that places the welfare of the animal ahead of the property rights of the owner.

While vigilante action should never be condoned, this case appears to fall under the blanket of extenuating circumstances. Given the situation the dog was reportedly in, it would have been a worse affront to justice to leave the situation be. Hopefully, the law will reflect that. Hopefully, Bear is OK.

May 20, 2014 UPDATE: Charges rejected as Bear finds new home

Cowichan News Leader

A Chemainus man will not be facing charges of theft and break-and-enter following the disappearance of a Duncan dog in February, the RCMP has confirmed.A Chemainus man will not be facing charges of theft and break-and-enter following the disappearance of a Duncan dog in February, the RCMP has confirmed.

Charges against the accused, Kevin Shiell, had been pending but were officially discarded due to the lack of co-operation from the victim, North Cowichan/Duncan RCMP Cpl. Krista Hobday said Tuesday.

After the disappearance in February, Shiell came forward to RCMP identifying himself as responsible for taking the dog — known on social media as “Bear” —from its owner’s residence on Mary Street in Duncan.

Those actions came after a Facebook post that began circulating mid-February showing the pooch surrounded by what appeared to be feces and other filth outside the residence on Mary Street. It was taken down at approximately the same time the dog was reported missing to police Feb. 13.

“The charges against me for rescuing Bear have been dropped,” Shiell recently wrote on Facebook. “I would like to thank everyone for (their) support and love they have shown to Bear and I.”

Hobday said charges against Shiell were never filed, and an April 15 court date that had been scheduled was simply a promise to appear hearing. “As of April 8, Mr. Shiell was notified we were no longer honouring the promise to appear date and to disregard that,” she said. “As of May 1, the investigator notified Crown we would not be submitting a report recommending charges as the witness was not being co-operative with the investigation. “Our mantra really is no victim, no crime.”

And as for Bear, Shiell also assured people on Facebook he’s now living in a great home. "I have three dogs already," he wrote. "He is in a great home with a great person who will love and treat him the way all animals should be treated."

Comment: If the law doesn’t respond to changing societal values & those charged with enforcing the law fail in their duties, one could argue that a person has an obligation to step in.

Civil disobedience involves intentional violation of the law to achieve a result the law-breakers believe is in the public interest. It is a form of protest intended to draw attention to a wrong or injustice which the protesters believe is sufficiently serious to morally justify violation of the law.

Trespass can, and is, used as an act of civil disobedience.

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