Formerly convicted animal abuser wants “his” dog back.

Question

If my ex has been convicted of animal abuse in Alberta years ago, is he allowed to take over custody of one of our dogs? They are both registered under my name and not his. He rarely ever has walked them, fed them, taken them all of twice to the vet, never plays with them, and doesn't train them. We've also broken up before and he left them with me including this time. But now wants "his" dog. What are my options? Thank you!

Answer

Sometimes when people are convicted of animal abuse, the court’s sentence includes a prohibition order against having animals in the future or for a specified period of time. The law in Canada provides that the court may “make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal…” Even if there is no such order, courts may consider a person’s history of abuse when deciding custody of an animal. Also, in an animal abuse case, the Alberta Court of Appeal accepted the principle that denunciation of the cruel act and deterrence to discourage the offender and others from committing animal abuse should be the primary sentencing objectives.
There is an expression that “possession is nine-tenths of the law.” Although not always true, it means that the person in possession is frequently in a better position, at least initially, than the person who does not have possession. This is because the person who does not have possession often has the burden of suing to try to get the animal returned (and many more people threaten to sue than sue). Also, just because a person sues does not mean that he/she will win the case. The police may also be contacted but they do not usually intervene in these matters. In the meantime, it may be helpful to have readily on hand such things as adoption/purchase agreement, microchip and other registration documents, and veterinary records.
I hope this works out well for the dog who should have a safe and loving home.