Alberta man convicted of using cattle prod on dogs loses appeal

The Alberta Court of Appeal has upheld the conviction of an Edmonton man on animal cruelty charges for using an electric cattle prod to train dogs.

Ali Sanaee was found guilty in 2015 of two counts of causing unnecessary pain and suffering to animals and was sentenced to six months in jail.

He filed an appeal, arguing the Crown experts who testified that cattle prods are not appropriate for use on dogs were not qualified.

Sanaee also argued he was entitled under the law to inflict unnecessary pain in some circumstances.

Justice Bruce McDonald rejected the arguments, saying it is unreasonable to suggest a device designed to deliver a shock to an animal many times larger than a dog would not cause unnecessary pain.

Sanaee ran an animal training centre called B.A.R.K. that was shut down in 2013 after 46 dogs and seven cats were seized from the business.

“Belief by the appellant that he was entitled, in law, to inflict unnecessary pain in some circumstances does not create a ‘colour of right’ to do so,” McDonald wrote

The pit bull yelped or cringed and appeared to be in a lot of pain each time the cattle prod was used on it.

in a ruling released Wednesday.

“Further, even if a dog owner consented to or acquiesced in the use of the cattle prod, an owner cannot lawfully consent to the infliction of unnecessary pain.”

During his provincial court trial, a woman testified that she hired Sanaee to train one of her dogs to not be aggressive with another dog.

She testified he used a cattle prod, which prompted the dog to attack another one of her pets. When he shocked the dog a second time the animal yelped and hid in the bathroom.

In the second case, two people testified that they watched Sanaee shock a pit bull he was walking at a city park.

“Both testified that the pit bull yelped or cringed and appeared to be in a lot of pain each time the cattle prod was used on it,” McDonald wrote.

“Both witnesses also testified that prior to use of the cattle prod, the pit bull was not displaying any signs of violence or aggressive behaviour.”

Dr. Karen Lange, a veterinarian who testified for the Crown, said a cattle prod was not an appropriate training device for dogs because it produces an excessive amount of pain because it’s designed for full-grown cattle, which are much larger and have thicker skin.

As part of his sentence, Sanaee was also banned from owning or living with any pets for five years.