There isn't a larger class of people in British Columbia who are so easily exploited and financially ruined than the BC Animal Guardian and their animals and pets.
In October, 2024 the BC Supreme Court considered the BC SPCA actions and conduct at a hearing before an animal guardian and legal counsel for the BC SPCA. The BC SPCA maintained that if an animal is seized and killed by them that a review of their conduct or actions was "moot" under the BC Prevention Of Cruelty To Animals Act (PCA Act). Mr. Justice Ross A. J. agreed.
"I accept that the purpose of the legislation is to set up a review and appeal procedure for owners to seek the return of seized animals. It goes no further than that. If the animal has been destroyed, then there is no extant issue between the parties. Hence, there is no right to a review in those circumstances."
October 29, 2024 Mr. Justice Ross A. J., BC Supreme court
The BC SPCA, by citing various other judgments, had closed the door to the BC public animal guardians in regard to conduct and actions when seizing their animals and killing them. More importantly, a review or appeal for the animal's guardian was deemed to be "moot" and denied under the PCA Act. A grieving animal guardian whose pet has been seized and killed by the BC SPCA has no recourse of any kind.
The year before the BC SPCA had represented as the Respondents in another BC Supreme court action that they are not subject to the Freedom of Information and Privacy Act. Animal guardians cannot access information in the BC SPCA files about them or their animals although animal policing by the BC SPCA also falls under the BC Police Act. The RCMP is subject to the public's requests under the Freedom Of Information and Protection Act (FIPPA) however the BC SPCA submits that they do not have to comply with the public's requests under FIPPA.
[53] The BC SPCA Respondents submit that the SPCA is not a public body, as evidenced by its enabling legislation, and the fact that it is not listed as a public body in Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165 [FIPPA].
BC Supreme Court, March 3, 2023
Meneray v British Columbia Society for the Prevention of Cruelty to Animals, 2023 BCSC 442
In the same year, the BC SPCA also fought another self-represented animal guardian who had been successful in obtaining an order for the return of her animals in the BC Supreme court. Despite the successful ruling, the BC SPCA held that their costs of over $40,000 had to be paid by the animal guardian and the court agreed. When the animal guardian appealed to the Court Of Appeal having to pay the BC SPCA costs since she had been successful in the BC Supreme court action, the appeal court reinforced that the BC SPCA's costs must be paid by the animal guardian.
The BC SPCA's guiding legislation ensures that their costs are paid by the animal guardian whether the animal(s) are returned or not. Historically the high costs have prohibited the very few successful animal guardian litigants in the courts and the BCFIRB Tribunal (less than a dozen) from receiving the return of their animals due to the guardian's inability to pay both their own costs and the BC SPCA costs.
The SPCA animal police investigations lack of Transparency and Accountability
The SPCA in Ontario was relieved of its animal policing responsibilities as a result of a court action in which the SPCA was alleged to be non-transparent and unaccountable.
Mr. Justice Timothy Minnema of Ontario’s Superior Court of Justice in regard to the Ontario SPCA in Bogaerts v Attorney General of Ontario ruled that animal law enforcement by the OSPCA is unconstitutional because the agency is not sufficiently accountable or transparent. Since then the Ontario SPCA no longer conducts animal investigations which has been assumed by the provincial government with expertly trained inspectors.
Mr. Justice Minnema wrote in his decision that “Although charged with law enforcement responsibilities, the OSPCA is opaque, insular, unaccountable, and potentially subject to external influence, and as such Ontarians cannot be confident that the laws it enforces will be fairly and impartially administered.”
Minnema pointed to the lack of oversight and transparency as key in his decision. The OSPCA is not accountable like police forces across the province that must comply with the Police Services Act, the Ombudsman Act and Freedom-of-Information laws, the judge also noted.
The BC Prevention Of Cruelty To Animals Act is similar to the OSPCA's Act. The biggest difference is that the BC SPCA is financially in a strong position to argue against the BC animal guardian public in the courts with government grants and public donations that have resulted in a $100 million surplus as their 2023 audited financial statements reveal.
The PCA Act was written to police animal guardians and their pets. There are no laws to protect or provide rights to people with pets or animals in British Columbia. The PCA Act confers rights and protections to the BC SPCA and the conduct and actions of their animal police.
The BC SPCA find ways to be insular and unaccountable in the BC courts against mostly self-represented litigants. The PCA Act was written to police animal guardians and their pets. The animal guardian public is up against a moneyed goliath that can draw on all of its Tribunal and Court successes with practiced solicitors in almost all of its prosecutions against the powerless animal guardian who has no legislated protections or rights.
"In British Columbia the Courts do not consider animal guardians or their pets. The PCAA Act was written for the BC SPCA and protects and confers rights on all of their animal policing actions which always blame or work against animal guardians and their wanted pets. BC SPGA is proposing the implimentatio of an Animal Guardian Act. Justice wont evolve in the courts in time.
The BC SPCA has legislation confering rights and protection over all of its actions, while animal guardians have no laws with rights or protections over their lives and the lives of their pets and animals. Lawyers who represent animal guardians have no legislation to rely on or to refer to that protects or confers legal rights (or even status) on animal guardians and their pets. There isn't a larger class of people who are so easily exploited and financially and emotionally ruined than the BC Animal Guardian and their animals and pets.
The Extreme Hardships on Animal Guardians
BC's animal guardians are experiencing a housing crisis that openly and lawfully discriminates against their animal family. For animal guardians the housing crisis is compounded by an extreme lack of pet-friendly residential housing. Many British Columbians are struggling to meet the basic requirements of rising housing costs, rental costs, food costs, transportation costs and related living costs. The Animal guardian must also bear the rising costs of veterinary care for their animal family members. However, the most grievious challenge is the BC SPCA animal policing that easily obtains warrents to act on anonymous complaints and seize animals that are wanted and loved by their financially struggling guardians. The loss of an animal in times that are already very stressful and trying for most of the BC population is immesurably intolerable and leave children and famillies in depression, despair and hopelessness.
Shelters and animal welfare organizations in B.C. say they are seeing a huge surge in the number of cats, dogs and other animals given up for adoption. They say owners are telling them that the rising cost of living means people just can’t make ends meet while feeding and caring for an animal.
Jesse Adams, executive director and co-founder, has been running Raincoast Dog Rescue Society on Vancouver Island for the last nine years. “In the last year, we have seen the largest amount of owner surrenders that we’ve ever seen,” he told Global News. “And in my 16 years of work and rescue it’s become very overwhelming for shelters and rescues to the point that some are now shutting down.”
'Increasing costs forcing families to surrender pets, B.C. rescue groups say'
Global News. September 7, 2023.
The seized animal has no understanding of being placed in a cage by strangers. These animals cry out for their guardians with whimpers, calls and desperation. Many of the animals are on death row due to their guardians inability to get them returned, afford their return or because the animal does not meet BC SPCA guidelines for being sold to the public. The animals who were wanted and loved by their guardians face imminent death because they can't be sold.
Their guardians are often placed in impossible situations where they feel that they have to surrender the animal because of fears of what the BC SPCA will do. Those fears are justifiable since the BC SPCA can place liens on any assets that the laws permit. The BC SPCA will fight them in the BCFIRB Tribunal (where they are awarded their costs - win or loose) and can also place criminal charges leading up to two years of imprisonment or up to $75,000.00 in fines (as well as the BC SPCA costs) with conditions. Animal guardians are torn and destitute.
The majority of BC SPCA animal seizures are not from breeders who want to make a quick buck by exploiting animals. They are not from people who do the unthinkable to animals. They are not from exporters in the illegal puppy or animal trade. The majority are seized from ordinary British Columbians who may be struggling financially yet love and want to keep their animals or have met unfortunate, unexpected circumstances.
BC SPGA
While British Columbians are struggling to make ends meet the Society that "speaks for animals" are refusing to use the public's donations from their enormous surplus to help those genuinely in need with animal costs. In 2022 the BC SPCA's surplus was more than $86 million and grew to over $100 million the following year according to their audited financial statements. The BC SPCA animal policing staff is not beyond referring to reputable rescue operators or breeders as "irresponsible" and similar slurs to the media whom they have an advantage over also.
BC SPCA animal policing legislation changes to control the breeding industry
The BC SPCA animal policing unit wants control over commercial breeders with amendments to the Prevention Of Cruelty To Animals Act, the animal policing legislation.
The BC animal guardian public is already governed by loosely worded animal policing legislation that provides no rights or protections to them or their animals. BC Businesses are struggling to survive and do not need more government interference. The BC SPCA has ruined the lives of reputable breeders in recent animal seizures. Providing more control and power pre-supposes that breeders in BC are not capable and competent in what they do. The likehood of unscrupulous breeders profiting from a lack of demand for dogs and cats is highly unlikely.Who runs BC SPCA animal policing?
The animal policing section of the BC spca is run by a lawyer, Marcie Moriarity. The animal policing constables are supervised by Eileen Drever Eccles and her husband, Sean Eccles who works in the same section. None of these three BC SPCA staff had any policing employment experience prior to the BC SPCA. The approximately thirty animal police officers under their direction have no police training comparable to a RCMP officer who is requited to attend a Cadet Training program (26 weeks, RCMP Training Academy) or been a Canadian Forces Military Police officer. Despite none of the BC SPCA staff having comparable police training and criteria as required by the RCMP, the staff have authority under the BC Police Act and the Prevention Of Cruelty To Animals Act to police human beings and their animals.
The lines between RCMP involvement in BC SPCA animal seizures and the BC SPCA animal officers often cross. The RCMP are brought to 'keep the peace' while animal seizures are in progress. These same officers are called upon as witnesses for the BC SPCA in many of their legal actions on animal guardians with testimony that often exceeds being 'witnesses' to keep the peace (ie animal guardian character references during testimony, inaccurate or wrong animal guardian assessments or defending BC SPCA animal seizure actions) . Legal actions by the BC SPCA whether in the BCFIRB Tribunal or the courts include RCMP officers, animal control officers and the veterinarian(s) employed by the BC SPCA. Animal guardians have no rights or protections under the law to defend themselves, their animals or their actions yet the BC SPCA refers their files for criminal prosecution by the Crown Counsel without any evidence from the animal guardian.
BC SPCA animal policing conduct and actions do not involve the animal guardians other than the charges and seizures of their animals. There are no efforts made to provide BC SPCA charitable services or assistance that could prevent removal of a wanted animal from its guardian. Complaints from the animal guardian public are decided by Sean Eccles who has no professional policing employment background prior to the BC SPCA officer appointment.
With no protections or rights in Tribunal or criminal court settings, animal guardians are faced with essentially a second tier of policing by the magistrates who consider the claim(s) before them. Animal guardians are helpless and powerless in the BCFIRB tribunals and court(s), both which they often have to participate in for the return of their animals. There is not one court or Tribunal claim where a successful animal guardian was awarded their costs. Ms. Sandra Simans, a BC animal rescuer, was successful in a BC SPCA defamation claim where she was awarded $2,500.00 by the BC Supreme court due to a defamatory statement the BC SPCA made in their press release to the media.
BC SPCA Costs
The BC SPCA hire lawyers which are paid from their government grants and public donations to defend their actions in the BCFIRB Tribunal and in the BC Supreme court. According to the BC SPCA there is a 350 per cent increase in animal seizure investigation disputes in 2024 at a "huge cost" to the BC SPCA.
The BC SPCA complain about the financial and resource drain which would be relieved with the transition of animal policing to the provincial government.
“We appreciate the need for an appeal process, but the financial and resource drain can be very challenging for the BC SPCA, especially when a case involves significant animal suffering or a repeat offender. Although in theory, the animal owner is responsible for any costs associated with the animal throughout a dispute, in reality the BC SPCA is unable to recoup these costs because of an owner’s inability to pay,” explains Greenwood. “And the financial implications don’t even consider the impacts on the animals who have to stay for longer in a shelter environment instead of in a loving, forever home.” BC SPCA sees 350 per cent increase in animal protection investigation disputes in 2024
BC SPCA, December 16, 2024
The BC SPCA guiding legislation provides that the BC SPCA may claim their costs and there are legal avenues which are used to to recover those costs from animal guardians which the BC SPCA have not openly disclosed to the public.
The BC SPCA admits there is an increase in animal guardians disputing and appealing their animal seizure decisions to the BCFIRB Tribunal, and Andrea Greenwood, BC SPCA legal counsel, points out that in "95% of the cases by BCFIRB" the "BC SPCA's decision not to return the animal is upheld." When animal guardians and their animals have no rights or protections they can hardly be expected to succeed in legal litigation in any forum.
BCFIRB enforces the PCA Act as the second tier of policing for the BC SPCA. The public are gravely misled believing there will be a fair appeal when the tribunal does not have any legislation that applies to animal guardians protections and rights to rely or refer to. The tribunal must enforce the PCA Act which is written to police animal guardians and their pets and only protects the actions and conduct of the BC SPCA police.
The Stigma That Lasts As A Result Of the BC SPCA Animal Seizures
The public views anyone prosecuted successfully by the BC SPCA as an animal abuser or substandard in the industry be it as a breeder, kennel, rescue or sanctuary. In addition, BC's reputable rescues, sanctuaries, kennels and breeders are slowly being ruined by the actions and conduct of BC SPCA animal policing which results in the loss of their animals, good reputations and standing in the community (many have invested years to earn their good reputations) for their work, high costs which result for the animal guardian in the many thousands of dollars in both litigation and payment of the BC SPCA's costs (even if successful), and for many their life long savings, assets, property and homes may be seized by liens placed by the BC SPCA.
Ontario's transition a Win-Win for the SPCA and animal guardians
As a result of Justice Minnemara's ruling, the Ontario government undertook revisions which have overall resulted in fairness, transparency and accountability with new animal welfare legislation enforced by a specialized team of approximately 100 provincial inspectors.
The Ontario Society for the Prevention of Cruelty to Animals 'OSPCA' was relieved of its animal policing responsibilities and freed up to devote its resources to helping animals, its shelter activities and other initiatives.
The Ontario Solicitor General ministry has implemented a complaint mechanism for inspector conduct as part of new accountability measures. To address transparency, the ministry said oversight of the new regime will be provided by the auditor general, the ombudsman, the privacy commissioner and provincial freedom of information laws.
The Ontario Society for the Prevention of Cruelty to Animals (OSPCA) has made changes to its operations, including more power and money, twice-a-year inspections of zoos and aquariums, and specific standards of care for marine mammals. As of April 1, 2019 the OSPCA is no longer investigating and enforcing animal cruelty law for livestock and equine on farms in Ontario.
The BC SPCA has a mandate to educate the public and increase awareness on animal issues in order to improve animal welfare by promoting, encouraging and carrying out education in the humane treatment of animals. Policing is a serious matter which requires the oversight and transparency particularly as it affects British Columbians and their animal famillies. The BC SPCA experience has demonstrated that transparency and accountability have been quashed by both their guiding legislation and in their court actions on mostly self-represented litigants over the years.
Like in Ontario, BC animal guardians are deserving of fairness, transparency and oversight by the auditor general, the ombudsman, the privacy commissioner and provincial freedom of information laws. The Province's priority must be to keep wanted animals with their guardians and the BC SPCA, if relieved of their animal policing actions would be the ideal gatekeepers for animal welfare to help animals in need in the Province's animal crisis with the Society's veterinary resources and clinics, to educate animal guardians who may be ignorant or unable to afford pet care, training or treatment and to be the charity that the animal activists who started the Society in 1896 envisioned.
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