Woman accused of hoarding 201 dogs could face lifetime ban on owning animals
Sentencing decision for April Dawn Irving expected in December in Lethbridge
Warning: This story contains graphic details that may upset some readers
Sentencing in what has been called one of the largest animal cruelty cases in Canadian history will likely be delivered in December, a judge announced Wednesday.
April Dawn Irving, 59, appeared in Lethbridge Provincial Court on Wednesday after pleading guilty in late July to four counts of causing an animal to be in distress. She had initially faced 14 charges related to animal cruelty, the majority of which were dropped after her guilty plea.
The charges stem from 2015, when 201 dogs were seized from Irving's property near Milk River, Alta.
The animals were found dehydrated, starving and chained in the yard. Five more, including newborns, were found dead, including one that was found dead on top of a TV.
Sentencing hearing
Sentencing arguments hit a roadblock after lawyers disagreed over whether or not Irving should be allowed to own animals in the future.
Irving's lawyer, Bjoern Wolkmann, told the court that Irving was diagnosed in 2010 with depression, and that being prohibited from owning animals would cause her extreme distress.
In discussing the large number of dogs living at Irving's property, Wolkmann explained that his client initially began with 18 dogs.
Believing costs to spay and neuter the dogs to be exorbitant, Irving elected not to, and on her return from long trips would be greeted with new litters of pups.
Wolkmann said Irving was unable to find new owners for the newborns and could not afford to feed them.
"It wasn't a matter of abandoning them," Wolkmann said. "It was a matter of care and not being able to care for them all."
Wolkmann said Irving believes the dogs should be allowed periods to run free, and that she preferred to chain them up rather than tie them up. She also said snow is adequate to meet the dogs' needs during the winter in lieu of water.
In 2010, Irving had more than 80 dogs seized from her property near Foam Lake, Sask., which resulted in a 10-year ban in that province from owning more than two dogs at a time.
Crown prosecutor Tyler Raymond said that background suggested Irving should not be allowed to own any other animals.
Irving, herself, spoke to the judge for nearly an hour.
"You must see that I'm intelligent and full of love," she said at one point. "I spent five years lying in a fetal position because I couldn't do anything about my dogs."
She told the judge that the media attention from her case has made finding employment and housing impossible.
"But I've kept myself alive," she said. "I gave up my body for my animals."
Wolkmann had previously told the court that Irving might have serious mental health issues that would preclude her from standing trial or may result in her being found held not criminally responsible.
However, a psychiatric assessment suggested she likely wasn't suffering from mental illness when the dogs were seized.
Previous charges
Irving had fled Alberta in 2016 after failing to appear for two court dates as instructed. Believed to be living in Jamaica for a time, she was arrested in Manitoba in January.
Raymond said Irving had served 147 days in jail, including the applied pre-trial credit, and saw fines imposed of nearly $17,000.
Because of Irving's inability to pay that figure, lawyers agreed that time served could be applied instead.
A sentencing decision is likely to be made in December, according to the judge.
With files from Lara Fominoff of Lethbridge News Now and Sarah Rieger