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) which hears certain animal custody and related cost decisions by the BC SPCA.
BC FIRB Appeals
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 which was created for the BC SPCA policing to protect their actions and conduct.
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.
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
A review of BCFIRB's 2022 decisions
BC SPGA undertook a review of the BCFIRB animal custody appeal hearing decisions from 2022. In over 80% of the decisions the animal guardian was faced with no return of their animals and the high BC SPCA costs.
The outcome was of no surprise since there are no lawful rights or protections that exist in British Columbia for the over two million animal guardians that have pets or animals.
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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