Previously the BC SPGA outlined What to do and what happens during a SPCA Animal Cruelty Investigation. Below is information on the BC Farm Industry Review Board (BCFIRB) and their role in animal custody appeals of BC SPCA animal seizure reviews.
The Key Trends in 2022 Outcomes
• High Rate of Affirmation for the BCSPCA: In the vast majority of 2022 appeals, BCFIRB agreed with the BCSPCA's "no-return" of pets and animals decisions.
• Conditional Returns: In very rare instances where BCFIRB ordered the return of a seized animal to the guardian, the return was bound to strict, legally enforceable conditions (e.g., mandatory veterinary timelines, structural changes to shelters, or limits on the number of animals permitted on-site). Guardians may not be able to afford all of the conditions imposed on them which means that the animals end up with the BC SPCA permanently again and may be sold or killed by the society.
• Owner Liability for BC SPCA Costs: In almost every single 2022 case, even if an owner/pet guardian partially succeeded, BCFIRB ordered the pet guardian/owner to pay the BC SPCA costs which often are in the thousands of dollars. Guardians who are unable to pay the BC SPCA costs in most cases do not receive the return of the animal(s).
Important To Know: The BCFIRB makes an order at an appeal hearing granting the BC SPCA its costs. That order is legally binding and the BC SPCA can put a lien on the guardian's property, and other assets as permitted under the Law to get their money.
BCFIRB Animal Custody decisions - the Procedures
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.
The B.C. Farm Industry Review Board (BCFIRB) is an independent administrative tribunal that operates at arm's length from government. BCFIRB's responsibilities in regard to animal custody appeals is established in the Prevention Of Cruelty To Animals Act.
(BCFIRB) conducts animal custody appeals
Animal Guardian Recourse (Reviews and Appeals)
There are some options for a review(s) and/or appeal(s) of a BC SPCA animal(s) seizure in British Columbia.
You can:
- Appeal to the BC Farm Industry Review Board (BCFIRB)
- Appeal directly to the B.C. Supreme Court
- Appeal a decision of BCFIRB (called a judicial review) to the B.C. Supreme court
- Appeal a judgment from the B.C. Supreme court to the B.C. Court Of Appeal (with permission of a judge)
Below is a brief description of the above review and appeal processes. All of the appeal processes above involve additional costs.
BC SPCA review
If your animal(s) is still alive you can request a review in writing within 14 days to dispute the seizure. The Chief Prevention and Enforcement Officer, Marcie Moriarity who is Head of the BC SPCA Prevention and Enforcement Department will provide you with a letter in response that will include the number of days (ie 7 days) that you will have to make your submission. You may also receive some or all of the materials that the BC SPCA determines are relevant to the BC SPCA seizure of your animal(s).
Your submission with your reasons for disputing the seizure can include documents, photos, vet treatment(s) information and any evidence that you believe is relevant (ie statements from witnesses and friends, photographs, videos, etc). Marcie Moriarity will have 28 days to provide you with a letter of her reasons to keep your animal(s) or to return the animal(s) to you. If the animal(s) are returned to you, you may have to agree to sign an Agreement of Care that outlines specific care conditions that must be done moving forward. The BC SPCA will likely make follow up visits to ensure compliance. The animal(s) may be seized again if compliance is not being met.
If the decision is to return your pet to you and you can't afford to pay the required costs, the pet will be theirs unless you appeal the costs to the BC Farm Industry Review Board (BCFIRB) and are successful on appeal.You will be responsible for the costs that the BC SPCA requires to you to pay and those costs are usually in the thousands of dollars whether a BC SPCA seized animal(s) is returned to you or not.
If you can't afford to pay the costs upfront, your animal(s) will not be returned to you. The BC SPCA can initiate action to collect the money that you owe by any lawful means and thereby take possession of items like for example your car, boat, putting a lien on your property, etc.
BC Farm Industry Review Board (BCFIRB) Animal Custody Appeals
If the animal(s) are not returned to you and if you disagree with the BC SPCA for taking your animals because of distress or abandonment, you can file an appeal with the BC Farm Industry Review Board (BCFIRB).
The 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.
Appeals must be made in writing and include a filing fee. Both must be received by BCFIRB within a specified deadline or you will lose your right to appeal.
Be sure to check the BCFIRB web site for important deadline information.
You can read some BCFIRB appeal outcomes before deciding on next steps.
Read more about BCFIRB on our web site including a brief summary of outcomes from BCFIRB animal custody appeals conducted in 2022.Supreme Court Judicial Review of BCFIRB Appeal Decisions
If the BCFIRB panel did not decide in your favor, you can file for a Judicial Review in the BC Supreme Court. This includes both decisions that come after hearings, and decisions to summarily dismiss appeals without a hearing. To start a judicial review of a BCFIRB appeal decision, you need to file a petition (a form) and a fee with the B.C. Supreme Court within sixty (60) days of a BCFIRB panel decision. On the petition you have to show that BCFIRB:
- made unreasonable findings of fact or law or exercise of discretion;
- acted in a procedurally unfair manner; or
- made an incorrect jurisdictional decision.
B.C. Court Of Appeal
If you wish to appeal a decision of the B.C. Supreme Court, you can appeal to the Court of Appeal if you are granted permission from a justice of the Court of Appeal.
You can read some B.C. Supreme Court and B.C. Court Of Appeal judgments (outcomes) on Canlii.org (a search under British Columbia with search terms such as "SPCA" or "Society For The Prevention Of Cruelty To Animals") before deciding on next steps.
At any stage of any of the above appeal processes (BC SPCA review, BCFIRB appeal, Supreme Court or Court Of Appeal) you can hire a lawyer to represent you at your own cost.
Now that you know the processes described in brief above, you can find out how the BC SPGA is advocating BC SPCA reform in support of animal and pet guardians.
Georgia Baker Reply
All of the BC SPCA claims are far-fetched and exxagerated because of the money they stand to gain from taking a pet. They already know that the indidual or family can't afford to buy the pet back who has a few extra thousand dollars to spare these days?? It's a business that only cares about the bottom line. They kill animals that they can't resell because they don't want to pay to keep a special needs pet alive. The healthy animals they keep so they can make money selling them and they need the animals to fill their cages. It's a corruupt place.