No more court delays allowed for woman accused of putting puppy, kitten in mail

By Delon Shurtz Southern Alberta Newspapers on March 30, 2022.

A southern Alberta woman accused of trying to mail a puppy and kitten through Canada Post, will not be granted any more adjournments.

During a hearing Monday in Lethbridge provincial court, Judge Erin Olsen ordered the accused, Jill Heather Marshall, to take a step when her matter returns to court April 11.

“There’s a direction that the next step must be taken on the next date,” Olsen told duty counsel lawyer Jeremy DeBow. “I’m directing that there be no further adjournments.”

Olsen noted while unexpected issues can arise which require adjournments, she expects the matter to be set for trial or resolved.

Olsen’s direction followed comments by Crown prosecutor Adam Zelmer, who expressed concern with the amount of time the case has been before the court.

“Your honour will note this file has quite some history,” Zelmer said. “Pleas of not guilty have been entered, trials have been set, warrants have been issued prior for Miss Marshall.”

Zelmer told court he has sent the defence an updated early case resolution proposal, and insisted the matter either close or be set for trial.

DeBow agreed and said he only needs one more opportunity to speak with the accused.

Marshall, 56, is charged under the Animal Protection Act with causing an animal to be in distress, stemming from an investigation in the summer of 2019.

Vulcan County Enforcement Services reported that a post office employee in the village of Milo, about 130 kilometres north of Lethbridge, discovered a puppy and kitten inside a cardboard box.

The box had postage, a destination address, and the animals had stamps stuck to their heads. The following week, another box with a puppy inside was dropped off at the mail outlet. The animals were unharmed and taken to the Calgary Humane Society.

After several court appearances in Lethbridge, Marshall, a Vulcan County resident, pleaded not guilty in October of 2019, and a trial was set for May 28, 2020. The trial was adjourned however, because of the pandemic and subsequent court restrictions. On March 9, 2021 a new trial was set for December, but Marshall never showed up for the trial and a warrant was issued for her arrest.

According to Canada Post’s website, live animals cannot be mailed unless there is an agreement with Canada Post before mailing. Bees, day-old chicks and hatching eggs, parasites, leeches and some other small cold-blooded animals can be mailed under certain conditions.

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