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BEHCHOKO/RAE-EDZO - A charge of animal neglect against a Behchoko man has been stayed by the Crown.

The charge against Archie Beaulieu, a well-known artist who was charged with not properly caring for 44 dogs, was stayed during a territorial court sitting in Behchoko on Feb. 24.

Forty-four dogs kept in a lot owned by Archie Beaulieu were euthanized last September. A veterinarian concluded the dogs were being neglected. - NNSL file photo

"We reviewed all of the evidence and determined there was not a reasonable prospect of conviction," said Shannon Smallwood, the Crown attorney dealing with the case.

The charge was laid after the 44 dogs owned by Beaulieu were euthanized by the community government of Behchoko.

The action was taken on Sept. 26 after Beaulieu did not respond to requests from the council to move the dogs from an industrial lot to another lot provided by the community.

At the time, a Yellowknife veterinarian, who was called in to put down the dogs, offered the opinion that the dogs were being neglected, adding they weren't being fed properly, had no water, were standing in mud, and had little shelter.

There were only a few dog houses in the fenced compound.

Smallwood said she couldn't comment on the specifics of the case.

However, she said, in general, the Crown has to prove an accused willfully neglected animals by not providing food, water, shelter and care.

Smallwood said the charge against Beaulieu was laid by the RCMP, and additional evidence was forwarded to the Crown after the charge was laid.

The decision to stay the charge was based on all the evidence the Crown had before it, she said.

A stay means the Crown has six months to resume prosecution if other evidence comes to light.

Attempts to contact Beaulieu for comment were unsuccessful.

Sarah Hunt, the president of the NWT Society for the Prevention of Cruelty to Animals, called the decision to stay the charge disappointing.

"In our view, it's quite unacceptable," she said. "It's even embarrassing to an extent."

Hunt said a major flaw in the Criminal Code section against animal neglect is the requirement for the Crown to prove willful intent, adding that causes the majority of such cases to be stayed.

"The willful intent should be really irrelevant," she said, "That's where we get stuck."

Hunt said that, under animal protection legislation in some provinces, the Crown does not have to prove willful intent, just that an owner is negligent in caring for animals.

The SPCA president said current NWT legislation against animal neglect - which consists of the Dog Act - is ineffective.

"I think in the Territories we need to start from scratch," she said, adding that a full-fledged animal protection act is needed.

- with files from Brodie Thomas