Dale Malkinson has a farm with goats and sheep located near Dawson Creek in B.C. On April 10, 2022 her beloved dog of eight years, a Yorkshire terrier that she called Zeva suddenly went missing.

Dale searched for Zeva for many days and concluded that predators must have ended Zeva's life.

She's my little girl … My farm and my little dog are my life.
Dale Malkinson

Dale was unaware that Zeva had been turned over to the BC SPCA's South Peace Animal Centre in Dawson Creek. When Dale saw a photo of a dog that looked like Zeva with a different name "Delilah" on the web site she contacted the BC SPCA. Dale was told that the dog she believed was her beloved pet Zeva had ongoing dental appointments in Abbotsford so they would only let her adopt a dog locally.

Zeva had a faded identification tattoo and phone numbers listed on the dog's rabies vaccination tag which were both accessible and known to the BC SPCA.

Despite Dale's attempts to get Zeva back, the BC SPCA eventually sent her an email stating that the dog had been adopted by someone else.

The appeal of the BC SPCA's actions

Dale appealed the decision of the BC SPCA to sell her little dog to a stranger. Zeva had been with Dale for eight years and she was a wanted pet. As her special companion, it was understandable that Dale would do whatever she could for the return of Zeva.

Dale's appeal was considered by the animal custody appeal Tribunal, the BCFIRB. The BC SPCA was the opposing party at the appeal hearing and had no intention of helping Dale with the return of her beloved dog. The BC SPCA's position was that Zeva was the new owner's dog.

The Powers of the BC SPCA under their legislation

The BC Prevention Of Cruelty To Animals Act has no exceptions for owners who want their pets back when the BC SPCA resells an animal - it doesn't matter if the pet is a wanted pet and has been loved and cared for by its family for years.

The Act says that:

Animal is property of new owner
19.1 If an animal has been sold or otherwise disposed of under section 17 or 18, all rights and interests in the animal
(a)vest in the person to whom it has been sold or otherwise disposed of, and
(b)the former owner ceases to have any of those rights and interests.

Zeva was turned into the BC SPCA near Clearbrook and despite having a tattoo and ID the Tribunal's decision which was made on January 26, 2024 noted that "the B.C. SPCA misread one letter of the tattoo and was not able to find Malkinson"

The Tribunal ruled according to the Act which meant that Dale lost her ownership of the dog when the dog had been bought from the BC SPCA by someone the dog viewed as a stranger.

BC SPGA's position: Animals long to be with their loved ones

Was it in Zeva's best interest to not make the effort to return her to the person she loved and who had cared for her for the past eight years?

Had Zeva been asked or even provided with a choice she would likely have been overjoyed and happy to see Dale again. Knowing who the rightful owner was and that Zeva would have wanted to be home with the one that she loved and that her owner longed for her return, the BC SPCA did not act in the best interests of Zeva.
BC SPGA

The stranger who adopted Zeva could have chosen another pet since there are thousands of homeless dogs in British Columbia. Zeva has bonded with her rightful owner Dale and that bond is strong and enduring.

The BC SPGA's position is that animals long to be with their loved ones and the BC Prevention Of Cruelty To Animals legislation does not protect the animals or their loving guardians when an animal's return is wanted by its family.

We need an overhaul of our law enforcement system as it serves animals. It is unacceptable and possibly unconstitutional to have laws pertaining to animals, or any other laws, enforced by a charity which is exempt from mechanisms of public accountability and transparency essential to the responsible use of such power.
- Jordan Reichert Deputy Leader, Animal Protection Party Of Canada

It is likely that Zeva is depressed, unhappy and heart-broken. She does not understand why she is in the situation that she is. There was next to no effort made for her return by the BC SPCA who had six weeks to find her owner and information to assist them.

The BC SPGA advocates for changes to the BC Prevention Of Cruelty To Animals legislation that wanted animals belong with the individuals and famillies who want them.

Both Zeva and her rightful owner Dale are in grief, long for each other and the BC SPCA has demonstrated that it acted neither in the best interest of the animal nor of the person who loved and cared for her pet.

The unethical manner by which animals are either killed or sold is unbecoming for a Society with charitable status.