Whitehorse Daily Star

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PAINFUL EXPERIENCE - Binger's former owner was charged after a City of Whitehorse bylaw officer found part of a chain embeded in the dog's neck (above left). Right: Const. Dave Pruden.

Former dog owner ordered to pay fine, restitution

A local man cannot own a pet for two years and has been ordered to pay close to $1,000 in a fine and restitution.

By Whitehorse Star on March 18, 2009

A local man cannot own a pet for two years and has been ordered to pay close to $1,000 in a fine and restitution.

Denis Calbery's punishment came Tuesday after he pleaded guilty to not providing suitable and adequate food, water, shelter and care to the dog he previously owned.

Senior city bylaw constable Dave Pruden said this morning the maximum sentence was handed down in bylaw court by Justice of the Peace Dean Cameron.

Along with the two-year order banning Calbery from having any pets, Cameron ordered he pay the maximum $500 fine and restitution of $480.27 to cover the veterinarian bills and care Binger received after he was placed in the city's care. That was done after a bylaw officer noticed Binger had a chain growing into his neck.

The dog came to the attention of a bylaw officer who was in the McIntyre subdivision in late January.

Matching the description of an aggressive dog that had been reported earlier in the week, a bylaw officer took a closer look and found parts of the chain had grown into the dog's neck.

Binger had no tag, so the bylaw officer knocked on the door, found out who was responsible for Binger's care and let him know Binger needed medical treatment.

The officer then took him to a vet for treatment, with Calbery signing him over to the city's possession.

At the time, Pruden said though Binger was a little "stand-offish", he showed no signs of aggression while in the city's care and was a fairly healthy animal with the exception of the chain embedded in his neck.

Binger was later put in the care of the Mae Bachur Animal Shelter and is expected to be adopted out.

While another charge of failing to provide veterinary care was laid against Calbery, it was later dropped, with the remaining charge moving ahead, Pruden said.

Though pleased Cameron handed down the maximum sentence, Pruden said he'd like to see longer sentences that could be set at a judge's discretion.

"We're bound by the legislation," he said, adding that so too are judges.

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