Opinion - Reasons to avoid the BCFIRB animal appeals Tribunal for the return of your seized pet
The BC Farm Industry Review Board (BCFIRB) hears appeals about certain animal custody and related cost decisions of the BC SPCA:
- I asked the BC SPCA to return my animal(s). The BC SPCA told me they will not return my animal(s).
- I asked the BC SPCA to return my animal(s). The BC SPCA has not replied.
- I don’t agree with the amount of money the BC SPCA told me I must pay.
Regrettably, only around 5% of pet guardians who seek the return of their animals through the BCFIRB are ultimately successful. This low success rate can be disheartening for those who deeply care for their pets and are willing to fight for their return.
Regardless of the outcome, it is important to note that the pet guardian is responsible for covering the costs incurred by the BC SPCA during and prior to this process. This financial burden can add to the emotional strain of the situation, making it even more challenging for those involved.
One significant hurdle in the application process to the BCFIRB Tribunal is that the Tribunal can and does issue an order requiring the pet guardian to pay the BC SPCA's costs. These expenses can be substantial particularly since the pet has already been in the BC SPCA kennel for one to three or four months by the time the Tribunal processes are over and the Tribunal's ruling which includes an order for costs allows the BC SPCA to pursue collection of these costs through various legal means.
Although the pet guardian may accumulate substantial costs, the animal appeal Tribunal does not make an order for those costs to be re-paid even if successful in the return of the animal. The BC SPCA are granted an order for their costs whether successful or not in any legal forum.
This includes the possibility of placing a lien on the guardian's assets, such as vehicles, boats, or real estate, which can create additional stress and financial complications for individuals already facing the heartache of losing their beloved pets.
Navigating the complexities of the BCFIRB process can be daunting, especially when considering the financial implications involved. Pet guardians must weigh the emotional and monetary costs of pursuing their case against the slim chances of a favorable outcome.
It is crucial for those considering this route to fully understand the potential consequences, including the risk of incurring significant debt, before proceeding with their appeal for the return of their cherished animals.
At any stage of any of the BCFIRB appeal processes you can hire a lawyer to represent you at your own cost which you will have to pay and the BC SPCA costs.
Debt, Grief and powerful Policing over Pet Guardians desperate for the return of their pets
The BC SPGA contends that the BCFIRB Tribunal is fundamentally flawed in its capacity to assist guardians seeking the return of their animals. This assertion stems from the Tribunal's reliance on the Prevention of Cruelty to Animals Act (PCA), a piece of legislation originally designed to empower the BC SPCA in its role as an animal police work force.
However, the PCA lacks essential provisions that would safeguard the rights and interests of pets and their guardians, leaving many families and individuals in distress when their beloved animals are taken from them.
The PCA can be seen as a strategic move to grant a private charity the authority typically reserved for law enforcement. This arrangement raises significant concerns, as it often results in the separation of pets from their families forever causing emotional turmoil for both the animals and their guardians.
The Act does not adequately address the complexities of pet ownership and the deep bonds that exist between animals and their human companions, leading to situations where the welfare of the pets is compromised in favor of enforcement actions.
In light of these issues, it is crucial to reevaluate the role of the BCFIRB Tribunal and the PCA in the context of animal guardianship. The current framework appears to prioritize the interests of the BC SPCA over the well-being of pets and their families, creating a disconnect that can have lasting negative effects.
A more balanced approach is needed — one that recognizes the rights of guardians and the emotional ties they share with their pets, ensuring that the return of animals is handled with compassion and understanding rather than through punitive measures.
Now that you know the processes described in brief above, you can find out how the BC SPGA is advocating animal policing reform in support of animal and pet guardians.
If your pet has been seized by the BC SPCA more information is available on BC SPGA's Support section
