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Man's record wins him discharge in killing of poodle - Defence Lawyer Ottawa

Date: 18 Jan 1984

A 28-year-old Canadian Forces master corporal has received a conditional discharge and was placed on probation for a year for strangling a pet poodle that urinated on him. Provincial court Judge Jean-Pierre Beaulne granted the discharge Tuesday to Rene Joseph Beland, of Clements Avenue, citing the man's "impeccable" record in the forces over the past IO years. Beland had pleaded guilty in December to wilfully killing an animal without lawful excuse. He admitted strangling the dog last October after it first urinated in the house and then urinated on him as he was taking it outside. He was charged after a neighbor, who saw Beland holding the mixed poodle by its neck, called military police. Defence lawyer Gary Chayko recommended a discharge because the offence was out of character for his client. He added Beland, who is married with two children, had intended to take the dog to the humane society because it had become a problem after disappearing a week before the incident. When the dog urinated on him. Beland lost his temper and didn't realize what he was doing until the dog went limp in his hands. Assistant Crown Attorney Mac Lindsay asked the judge lo impose a "considerable fine" to deter others from similar acts. He said the fine would also show the public the courts consider cruelty to animals a serious matter. Beaulne called the killing an "unfortunate, impulsive act," but said he could not send Beland to jail because he was satisfied the dog had not suffered any pain.

Gary Chayko