New trial ordered for man who fired rifle to scare off dog near St. Thomas
Posted September 6, 2014 8:02 am.
This article is more than 5 years old.
Ontario’s highest court has made a ruling that could have serious implications for those who live in rural areas.
It has ordered a new trial for a man who fired his rifle to scare off a stray dog in a rural area near St. Thomas, Ontario.
Last year, two lower courts convicted John Batty of careless use of a firearm.
However, the Ontario Court of Appeal ruled the lower courts were wrong to convict Batty on the basis of the simple act of firing his gun was dangerous.
Batty, a former U-S military sniper, argued he has lots of experience in the use of firearms, and routinely shot rats and weasels to keep them from his chickens.
In ordering a new trial, the Court of Appeal agreed with his view that there’s no evidence his use of the rifle to scare off the stray dog was careless.
Batty’s lawyer says the ruling is important for all rural residents, saying farmers cannot be at risk of being convicted merely because someone heard a shot.
