Case Snapshot
Case ID: 12565
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Puppies neglected, 10 seized
Digby, NS (CA)

Incident Date: Friday, Oct 26, 2007

Disposition: Convicted

Defendants/Suspects:
» Gail Benoit
» Dana Bailey

Case Updates: 2 update(s) available

Provincial SPCA investigators seized puppies from a property in Roxville, near Digby, on Friday for the second day in a row.

Every RCMP officer available in the town Friday also went to the blue bungalow on Highway 217, where things turned ugly in a hurry.

Gail Benoit was home when the officers arrived and was arrested. She was screaming obscenities and rocking violently in the back seat of a police car when she was taken away.

Cpl. Trish McQuarrie later took photos of a large gob of phlegm on the plastic shield between the front and back seats where Ms. Benoit allegedly spat.

"All we're there for is to keep the peace . . . and to ensure that the SPCA officers are able to do their job," Cpl. McQuarrie said.

Eight puppies were seized from the home and garage on Friday after two were taken away on Thursday.

Ms. Benoit's husband, Dana Bailey, was not home during the raid but he arrived at the Digby RCMP detachment shortly after 5:30 p.m. and began shouting at officers.

"What were you doing at my house again today?" he said, continuing to shout and curse.

"You'd better let her out," he said, referring to his wife. "She's had enough. Do you hear me? She's had enough."

He then jumped into his minivan and drove off.

A sign on the rural home's mailbox says Puppies Us. A middle word or letter appears to be missing.

Judith Gass, past-president of the Nova Scotia SPCA, said investigators at the property on Thursday found more pups thought to be infested with parasites, so they returned on Friday.

Some of the pups had bulging abdomens and likely carried large loads of worms, Ms. Gass said.

She said charges under the provincial Animal Cruelty Prevention Act and the Criminal Code are pending against one or more occupants of the home.

The SPCA was acting on complaints, Ms. Gass said, and the investigation will continue.


Case Updates

A Nova Scotia judge convicted Gail Benoit and Dana Bailey of animal cruelty on Jnauary 29, 2009 after a trial last November in Digby provincial court.

Judge Jean-Louis Batiot also convicted Ms. Benoit of assaulting an SPCA constable.

The couple had been tried on charges of animal cruelty stemming from the seizure of 10 pups from their home near Digby in October of 2007.

They have been accused of selling sick puppies.

Ms. Benoit seemed to have a hard time accepting her fate today when Judge Batiot announced his decision.

"This is going to be all over the Internet," she said, interrupting the judge.

Ms. Benoit also brought a couple of letter-sized sheets of paper and waved them toward the judge.

"This has got to stop," she said, reading, "Wanted ... dead or alive," from one of the pieces of paper which appeared to be a mock "Wanted" poster with Ms. Benoit as the fugitive.

When the judge told her to talk to her lawyer about it, she turned on her heel and left with her husband.

The couple's lawyer, Michael Power of Bridgewater, was unable to attend court because of poor weather.

The couple will return to court on March 26 for sentencing.
Source: The Chronicle Herald - Jan 29, 2009
Update posted on Feb 16, 2009 - 12:55PM 
The lawyer for a Digby couple accused of selling sick, dirty puppies says he wants all the charges against his clients to go away.

Gail Benoit and Dana Bailey face animal cruelty charges after the SPCA seized 10 pups over two days from the couple's Digby-area home last fall.

The SPCA said at the time it acted on public complaints.

On Monday in Digby provincial court, defence lawyer Michael Power told the judge he would file a motion to stay all proceedings against his clients as an abuse of process by the SPCA.

Last October, SPCA workers and RCMP officers went to the couple's Roxville home where Ms. Benoit, 38, was arrested.

In addition to animal cruelty charges, she's charged under the Criminal Code with assaulting an SPCA officer, obstruction and damaging a police car.

Mr. Bailey, who was not home when officers arrived, is charged with animal cruelty.

"I think the main reason that they find themselves before the courts is, the SPCA has taken it upon themselves to regulate the private sale of dogs," Mr. Power said outside the courtroom.

"They don't like the fact that (Ms. Benoit and Mr. Bailey) have been selling dogs and so as a result of that, they've taken it upon themselves to take on the regulation of that particular activity, which I'm not sure falls within their jurisdiction," he said.

"I think it's outside the jurisdiction of the act to regulate the private sale of animals."

Mr. Power said he'll attempt to have the criminal charges against Ms. Benoit stayed as well.

"They flow from the activities of the enforcement officers on that day, so if the charges under the Animal Cruelty (Prevention) Act fail, then the other charges should fail as well," he said.

Mr. Power did not enter pleas Monday to any of the charges but said it is his intention to plead not guilty to all counts on behalf of his clients.

"The SPCA's main mandate is the investigation and alleviation of cruelty to animals," SPCA president Pamela Keddy said Monday.

"It's not the sale of puppies that we're interested in. It's how (people) are caring for . . . animals," she said.

In the case of Ms. Benoit and Mr. Bailey, the SPCA had a search warrant.

"Our warrants aren't to inspect; our warrants are to seize," said Ms. Keddy.

"In order to seize, there had to be enough evidence that (the court) would award us the warrant," she said.

The SPCA does not investigate anonymous complaints, said Ms. Keddy. But when people call them with concerns about the health and safety of animals, they investigate, she said.

The matter returns to court June 26 and 27 in Digby for a hearing on the preliminary motion to stay the charges.
Source: The Chronicle Herald - Feb 19, 2008
Update posted on Feb 19, 2008 - 5:08PM 

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