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BC SPCA Animal Seizures
information and support
Help!
My pet was seized by the BC SPCA what now?
The reality is that you may never see your beloved furry family member again. We recommend
reading the information below because you may be thinking that there wont be much expense or that your
pet will be returned.
The BC SPCA can do no bad
As a society we have mostly been indoctrinated to believe that the BC SPCA only does good to animals.
However, the BC SPCA kills more animals in British Columbia than
any other organization and polices British Columbians and their animals.
If I want to keep my animals and I am unable to comply with their requirements then why doesn't the BC SPCA help me to do that?
As a charity with over a $100 million dollars in surplus from the public's donations for the care of animals one would think that would be the best solution. However the BC SPCA seizes animals routinely which greatly traumatizes the animal and the guardian who may never be together again. Under the law, the BC SPCA can collect their costs from you for animal seizures and the days or weeks before a review of the seizure is done by the head of their policing section if you decide to request a review. The BC SPCA can by law get their costs from you even if your animal is not returned. It makes financial sense to seize the animal and provide you with the bill.
What about the animals don't they suffer taken away from me?
The seized animals are taken away in crates by truck or trailer or by trailer if a farm animal. The animals do not understand why they are being removed and are often frightened, traumatized and when they are placed in the cages or kennels with cement floors and others like them, the experience is devastating for many and depression or aggression is not uncommon. An animal wants to be with its loved ones and family. Animals do not enjoy imprisonment any more than human beings. The animals are innocent.
If the BC SPCA have such a huge surplus from public donations for the care of animals why don't they use it to help animals?
The public has been very generous in helping the BC SPCA care for animals with their donations. However the public is also being misled. The many millions in donations for animals that the BC SPCA receives is placed in funding reserves instead of being used for the care of animals as the public is led to believe.
This practice is little known to the general public and not advertised by the BC SPCA or the media. Those that suffer most as a result are the animals whose guardians may not be able to afford their care requirements with other costs that have risen in BC increasingly.
It is not deliberate or intentional cruelty or abuse by the guardians who are struggling and love their pets as family. With help from the BC SPCA surplus which has now climbed to over $100 million many could care for their pets according to BC SPCA standards and orders.
Under what circumstances can the BC SPCA seize my animals?
An animal in "distress" can be seized by the BC SPCA.
"Distress" as defined in the Prevention Of Cruelty To Animals Act (PCA Act) is very loosely worded and could easily be distorted or twisted by a BC SPCA veterinarian or the BC SPCA animal police to include the majority of animals in the care of animal guardians in British Columbia:
(a) Deprived of adequate food, water, shelter, ventilation, light, space, exercise, care or veterinary treatment,
(a.1) Kept in conditions that are unsanitary,
(a.2) Not protected from excessive heat or cold,
(b) Injured, sick, in pain or suffering, or
(c) Abused or neglected.
Ordinary citizens have animals apprehended and quickly realize that there are no protections or rights for themselves or their animals.
Does the BC SPCA have to return an animal that it takes from me?
No. Marcie Moriarity a lawyer who works for the BC SPCA will decide whether to return the animal to you or not. Many animals are not returned since Marcie also runs the animal policing for the BC SPCA and to return an animal could be viewed as if there was no need to take the animal in the first place. If Marcie decides to return the animal to you there will be a Return Agreement that you will have to agree to and you will have to pay the BC SPCA costs. If Marcie decides not to return the animal, then she may want you to appeal her decision to the BCFIRB Tribunal because that way the BC SPCA will have an order from the Tribunal that you must pay the BC SPCA costs (which becomes very expensive). If you decide not appeal Marcie's decision the BC SPCA will keep the animal and the BC SPCA will have to pursue you legally to get their costs if you refuse to pay them what they decide that you should pay.
What happens to BC SPCA seized animals
The animals are killed or sold for profit by the BC SPCA if they meet the BC SPCA guidelines. Rarely are the animals returned to their animal guardians and should your pet be returned the costs you have to pay may be too prohibitive. The BC SPCA costs have to be paid in full upfront before the animal is returned which may result in a bill that can easily be in the hundreds to thousands of dollars. If the BC SPCA's Return Agreement's terms and conditions are not what you can realize then the animal is seized again.
For the seized animals trauma or death awaits them. Some are sold to strangers. Some are returned to their guardians who must pay the BC SPCA costs and abide by any term or condition that the BC SPCA lawyer, Marcie Moriarity, decides. There is no independent committee or authority who oversees any of the process or agreements that animal guardians are forced to sign for the return of their animals. The BC SPCA is not under any legal obligation to return any animal. The animals do not understand why they have been placed in cages, crates, trailers or trucks. They know something isn't 'right' and in time, as the animals mourn and and languish in a kennel or cage away from their loved ones, they will soon despair, be confused, or perhaps even become aggressive in their fright.
What awaits an animal guardian who has had animals seized by the BC SPCA
The animal's guardians have no idea what awaits them when their animal is taken
into the BC SPCA custody. The perception that the BC SPCA is 'good' quickly fades
as the animal guardian realizes he or she has no protections and no rights.
The BC SPCA has both the power to police human beings and animals -
that's more power than
a RCMP police officer. The BC SPCA
Special Provincial Constables can press criminal charges by referring the file to the Crown Prosecutor
who does not consider your information or your version of events at the same time as
the animal guardian fights for
the return of their animals in a Tribunal or the courts. This means an animal
guardian can be criminally
charged with imprisonment for up to two years, a fine up to $75,000.00 and other court conditions
as well as the thousands of dollars of the BC SPCA's costs in any and all legal forums (courts and tribunal).
The BC SPCA can place lien(s) on your assets such as a vehicle, property, boat and other items for payment
of their costs.
Additional reading
BC SPCA animal seizure outcomes
Reputable Breeder Looses Dogs To BC SPCA
51 letters of support from the community and 165 acres for the dogs made no difference
Oliver was seized and members of his herd killed by the BC SPCA
More senseless killing by the BC SPCA.
Elizabeth has stray and feral cats seized by the BC SPCA
The Society that 'speaks for animals' says not to feed stray cats so what's the solution to let them starve?
The success rates for BC animal guardians for the return of their seized animals by the BC SPCA
As animal guardians desperately struggle to prepare for the fight against the BC SPCA's animals seizure in the Tribunal
that hears some of these animal custodies, the animal guardian is not prepared
for nor informed that the BC SPCA is
successful in keeping their animals to destroy or sell them in over 80% of the Tribunal's hearings.
In fact, there have been
less than a dozen successful animal guardian claims for the return of their animals in the
history of the BC Courts and the Tribunal
combined.
The BCFIRB tribunal enforces the BC Prevention Of Cruelty To Animals Act (PCA Act) acting as the second tier of policing for the BC SPCA. The public are gravely misled believing there will be a fair appeal since the tribunal does not have any legislation that applies to animal guardians protections and rights to rely or refer to because it does not exist. 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.
What and Who receives their costs in BC Court claims and Tribunal hearings
BC animal guardians are also not aware that the BC SPCA are entitled to be paid their costs whether the animal guardian is successful or not in obtaining the return of their animals in any legal forum. The costs are often in the hundreds to thousands of dollars payable by the animal guardian to the BC SPCA. It is easier to pursue an animal guardian for costs with an order for costs by the Tribunal or the Courts although the PCA Act permits the BC SPCA to get their costs. The animal guardian is never awarded costs because there are no laws that require the BC SPCA to pay costs even if your animals are returned (you are still responsible for your own costs and for paying the BC SPCA costs).
"I am one of the animal guardians whom two Supreme court judges on two seperate occasions awarded the return of my seized animals. The costs that I was ordered to pay the BC SPCA were over $40,000.00 and I was not awarded any of my own costs. I had no idea going into this that if successful I still had to pay the BC SPCA costs (usually the successful party is awarded their costs) When I appealed that aspect to the BC Court of Appeal, I was chastized by the presiding judge in a scathing judgment who wrote, "[27] In an ideal world, animals could be cared for without draining of the resources of organizations such as the SPCA, but such is not reality" in instances where a court found that the animals were wrongfully seized and ordered their return. In any case, BC animal guardians must pay their own costs and the BC SPCA costs no matter what the outcome is and that easily amounts to many thousands of dollars with all of the time that Tribunal and/or court processes can take. Since many of us don't have thousands of dollars to pay and cannot afford such large costs for the return of our animals the BC SPCA has the right to not give the animals back in spite of the Court order to return the animals. They can also prosecute you criminally by referring your file to the Crown Prosecutor so then the government is involved."
Felicia Allen
Founder, BC SPGA
The BC Court closes Transparency in animal seizure investigations enabling the BC SPCA to kill a seized animal to bypass the review provision of the law
In a recent BC Supreme court hearing held in the BC Supreme court on October 9, 2024, the presiding judge, Mr. Justice Ross, ruled that if the BC SPCA kills the seized animal there is no review or appeal of the animal seizure or investigation required. The outcome of the ruling means that the BC SPCA does not have to be transparent or accountable for its actions or conduct in animal seizures where the animal is killed by a BC SPCA hired veterinarian. In those circumstances, an animal guardian would have to sue the BC SPCA in a court for alleged wrongdoing to find out the investigation information because a Tribunal do not consider situations where the BC SPCA has killed a seized animal.
Senior management within the BC SPCA has repeatedly stated that they
are not required to provide responses under the Freedom Of Information and
Privacy Protection Act (FOIPPA) as it relates
to cruelty investigations as they are not a government body.
Due to the nature of the BC SPCA as a non-profit organization,
the lack of oversight and accountability as it relates to their enforcement
role is not in the interests of BC's animal guardians and their pets.
How the BC SPCA collects its costs
The BC SPCA can legally place a lien on the animal guardian's property and most assets (car, boat, etc)
to ensure that they are paid their costs.
What costs must the animal guardian pay for the return of a seized animal
Throughout the fight for the return of their animals in any legal forum the animal guardian must pay their own legal costs or be self-represented and all of the BC SPCA costs.Ontario Superior Court Justice Timothy Minnema ruled the provincial government was wrong to grant police powers to the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) without also imposing reasonable standards of transparency and accountability, and called it a breach of Bogaerts's Charter rights."
...
"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 wrote in a decision released Wednesday.
Minnema said the OSPCA appears to be an organization that fulfils public functions without being held accountable like other police organizations that have to comply with the Police Services Act, the Ombudsman Act and freedom-of-information laws.
The judge also said he doesn't see how the relevant sections of the OSPCA Act could be easily modified to make them compliant with the Canadian Charter of Rights and Freedoms. He noted 21 sections of the OSPCA Act that are "of no force and effect" and suggested the act might have to be re-written from scratch.
Excerpts from the Article, "Judge finds OSPCA enforcement powers to be unconstitutional" The Canadian Press ยท Posted: Jan 03, 2019 8:09 AM PST | Last Updated: January 4, 2019
BC SPGA the Voice for BC animal guardians
The BC SPGA recognizes that British Columbia animal guardians have no rights or protection in BC SPCA animal seizures. The BC Prevention Of Cruelty To Animals Act was written for the BC SPCA. In instances where an animal guardian has a treating veterinarian for a sick or injured pet, the BC SPCA hire their own veterinarian(s) to act in the Society's interest. This can result in the animal being destroyed by the BC SPCA vet and the BC SPCA knows that the animal guardian will have no recourse under the BC Prevention Of Cruelty To Animals Act. Dr. Jane Pritchard is a member of the BC animal custody Tribunal's Board Of Directors (BC Farm Industry Review Board) and the President of the College of Veterinarians of BC council. BC SPGA has written Dr. Pritchard for her view on private practising veterinarians in BC and the BC SPCA's practice of hiring their own veterinarians to seize and destroy an animal. Dr. Pritchard has not replied and it is not known whether she supports BC veterinarians in private practice.
The BC SPGA believes that wanted animals should stay with their loved ones. BC SPCA animal policing is better suited to provincial, professionally trained inspectors as in Ontario where the SPCA no longer conducts animal police investigations.
Join our Animal Reform Policing campaign and sign our petition for invoking a BC Animal Guardian Act with protections and rights for our animal guardians and their pets.
