Garth MacKenzie, 55, and Bernadine Lucyshun, 47, were each ordered to pay $1,250 after pleading guilty in Edmonton’s Provincial Court to a charge under the Animal Protection Act of causing distress to an animal.
Crown prosecutor Christian Lim told court the “apologetic” Calgary couple had left their white Maltese cross, Buddy, in their Honda Odyssey minivan that was parked near 78 Street and 118 Avenue on Aug. 17 about 5 p.m. while they went to the concert at Rexall Place.
The windows were left slightly open and the dog had been provided with food and water, however the heat inside the vehicle caused Buddy to be “in distress,” said Lim, adding “fortunately Buddy survived.”
The prosecutor said that while the temperature outside had been 23C (74 degrees), it was approximately 45C (113 degrees) inside the minivan. He also explained that dogs have a different cooling system than humans.
Court heard a woman who had dropped off her children at the concert became concerned after spotting the panting and barking Buddy inside the van and called for help.
Lim said firefighters rescued Buddy about 6:45 p.m.
The dog was taken to a veterinarian clinic to be checked out and a note was left in the minivan for the owners to contact the Edmonton Humane Society.
Lim said the couple showed up later and were “apologetic” and saying they didn’t know it was going to get so hot.
The couple also said they had been staying at a pet-friendly hotel, but hadn’t wanted to leave Buddy there as they were afraid he would bark too much.
Court heard the dog was returned to the couple and a pet ban was not sought because they had quickly acknowledged their mistake and were very sorry about it.
Defence lawyer Patrick Edgerton told court the couple has owned Buddy for five years and said they had the dog seen by a vet on Monday to show it was in good condition.
Edgerton also pointed out the couple had brought their four children to court with them and provided several character reference letters saying they take Buddy with them everywhere and would never harm the dog.
THEY'RE JUST MORONS.
“I don’t think this is something that will ever happen again,” said Edgerton, adding it was not intentional.
He explained they had got caught in a large lineup for a meet and greet with Gomez at the concert.
Judge James Wheatley said he was satisfied the couple were of “good character’ and accepted that they had “unwittingly subjected their dog to some bad conditions.”
He also said the couple showed good moral character by bringing their children with them to court.
“I think it is important that the public knows that they can’t keep animals in hot cars,” said Wheatley.
(Edmonton Sun - July 8, 2014)
Maybe they mean well and they do love their dog, but I think they're too stupid to own one. How would their 4 children have handled seeing their fried dead dog when they got back to the car?
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