On August 30, 2024 the BC SPCA seized 43 animals (and one puppy born after the seizure) from Monica Marcu's 165 acre property in McBride, British Columbia. There were thirty-one dogs on the property including puppies and some cats, chickens and pigeons.
Monica appealed BC SPCA lawyer Marcie Moriarity's decision to refuse to return the animals to the BCFIRB animal custody tribunal. Since Marcie Moriarity oversees all of the BC SPCA police constables it is highly unlikely that she would find any reason to decide against their seizure(s) of animals.
Monica, like many other animal guardians before her, asserted that her rights under the Canadian Charter of Rights and Freedoms had been violated. Monica demanded the unconditional return of all of her dogs and claimed damages from the BC SPCA in the amount of $69,402,000 for armed extortion, armed robbery, armed theft, armed fraud, mail fraud, armed perjury, armed racketeering, armed kidnapping, criminal extortion and coercion, oppression, emotional distress, mental anguish, trespass, unlawful seizure, physical and mental abuse, issuance and execution of a warrant without jurisdiction, terrorism, property damage, detention and forced hospitalization.
Monica presented the BCFIRB panel with fifty-one letters from her neighbours, former clients and workers in support of her character and the care she gave to the animals. The 165 acre property provided plenty of room for the dogs and Monica made the animals special home cooked meals to ensure that they were healthy. It mattered little to the BCFIRB tribunal that one of Monica's dogs fell ill while in the care of the BC SPCA and was euthanized. If there is a lack of good care by the BC SPCA there is no recourse such as a review or appeal under any laws for the animal guardian as was recently decided in an application where the BC SPCA said if they killed an animal the matter of review or appeal of their actions were "moot" and Mr. Justice Ross of the BC Supreme court agreed.
Monica alleged that the Society’s inspection of the property and subsequent seizure of the animals constituted trespass and theft. She accused the BC SPCA staff of perjury and challenged the veterinary evidence of the BC SPCA’s three expert witnesses arguing that German Shepherd dogs cannot be evaluated based on standard body conditioning scores (BCR) used for other breeds.
Monica and her husband (who had passed away the year before) have raised German Shepherd dogs for eighteen years. Monica had hired one full-time caretaker for the dogs and one part-time staff without her husband there to care for the dogs.
The BC SPCA wanted to keep the dogs and requested that Monica pay their costs totalling $85,706.20. They relied on a copy of the code of practice for commercial kennels (which is not law) and a vet that they brought to determine if the animals were in distress. "Distress" as defined in the Prevention Of Cruelty To Animals Act (PCA Act) is very loosely worded and could easily be distorted or twisted 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.
The BCFIRB Tribunal ordered that one companion dog be returned to Monica with conditions and that she pay the BC SPCA costs of $85,706.20 . The BCFIRB panel declined to rule on the issue of the warrant or the Charter since both are outside of their jurisdiction. Monica would have to file another claim in the courts to have those two issues decided and as is customary in court decisions, the animal guardian is ordered to pay the BC SPCA costs even if successful.
"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.
The trauma inflicted on the innocent animals and their guardian(s) cannot be undermined in BC SPCA animal seizures. Like many animal guardians, Monica videotaped the seizure of her dogs and their healthy puppies which she did not know would make no difference to the BCFIRB second tier of policing. Monica, like many guardians before her, underwent extraordinary grief including grabbing a knife and holding it to her throat stating that "now you will have to kill me" which resulted in the RCMP officers apprehending her under the Mental Health Act. Animal guardians are subjected to conduct by RCMP officers who clearly are not present to "keep the peace" and often arrest or remove the animal guardian(s) including making charges under the Mental Health Act suggesting that the guardian is not fit psychologically which police officers are hardly educated to decide.
Monica presented veterinary bills and other information at the BCFIRB hearing. She had several witnesses testify as to the regular cleaning of the kennels, the delivery of large orders of meat for the dogs and others who testified that the animals were well cared for.
As is customary, the BCFIRB panel enforces the PCA Act just like the BC SPCA police and supports the actions of the BC SPCA and those they call as witnesses. The PCA Act was written for the animal policing that the BC SPCA does and there are no provisions or rights for animal guardians in the legislation.
Animal Guardians have no rights and no protection
Many people would say that Monica was a responsible breeder, kennel operator and animal guardian. She personally prepared healthy, homemade meals for the dogs. She hired staff to maintain cleanliness when her husband had passed away. She had many years of caring for animals. The BC SPCA had received one complaint and the BCFIRB panel agreed with the BC SPCA's actions although there was a substantial amount of evidence of the generally acceptable care that Monica and her staff provided.
When the BC SPCA hire a vet it is to look for and find fault with the animals so that the BC SPCA can seize them. It's easy to find fault with animals when that is the focus. Animals are beings which may have ongoing behavioural issues or health issues. That is not necessarily because of lack of care and may be the animal's personality or physical disposition (ie. arthritis).
BCFIRB relies on 'credibility' of parties
The BCFIRB panel is always presented with the animal guardian's version of events and animal care, and the BC SPCA's version of same. The panel relies on such trivialities as "credibility" of the parties and the animal guardian, swamped with police animal officers and veterinarians in the employ of the BC SPCA, will loose the test of credibility even if there are veterinary records, witness testimonies to the contrary of the BC SPCA and a long-standing good reputation in the community.
What panel or court will disagree with several police officers and employees hired by the BC SPCA? In addition, the BCFIRB must enforce the PCA Act as the second tier of policing for the BC SPCA. The public are gravely misled with the wording "appeal" tribunal because there is no legislation that confers protections or rights on animal guardians.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
Monica and her husband were considered a respected breeder and kennel with eighteen years of experience training protection animals. The testimony of witnesses for Monica during the hearing endorsed that her dogs were fit, healthy, well-loved and well nourished, that they lived in clean and comfortable kennels and were fed nutritious home-cooked meals. The dogs loved playing in the fields with Monica's sheep on her 165 acre home.
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 finest rescues, sanctuaries, kennels and breeders are slowly being destroyed 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.
Lack Of Legislated Protections Or Rights
With no legislated protection or rights for animal guardians conferring rights or acceptable conditions of care, breeders like Monica have been financially burdened with the huge costs of the BC SPCA's conduct and actions. The reputable breeders who are established like BC's reputable rescues and sanctuaries are being ruined by the actions and conduct of the BC SPCA who sometimes refer to the guardians as "irresponsible breeders" and similar descriptions to the media. Likewise ordinary citizens have animals apprehended and quickly realize that there are no protections or rights for themselves or their animals.
The BC SPCA have amassed several finely bred adult German Shepherds and many of their purebred, healthy puppies to sell and profit from in addition to an order of their costs of $85,706.20 from Monica. In addition, the return of the one companion dog will not occur the BCFIRB ruled unless Monica:
1) pays the costs ordered and owing to the BC SPCA in full within two weeks of the date of this decision, or on such other timeline as agreed to with the BC SPCA;
2) Monica pre-pays to the Society the cost of any veterinary treatment which the BC SPCA reasonably deems necessary to address any current health conditions of the dog with such treatments to be completed prior to the dog's return;
3) If the Monica fails to pay the amounts set out above within two weeks of the date of this decision (October 17, 2024), or on such other timeline as agreed with the BC SPCA, then the dog will remain with the Society and
4) If the Monica meets the above conditions and the dog is returned to her, she will provide full, immediate, unfettered access to her property by the BC SPCA for wellness checks for the dog at such times as required by the BC SPCA and will ensure that the dog receives regular veterinarian checkups and that she follows any recommendations made as a result of those check-ups.
Monica must pay the BC SPCA its costs of $85,706.20 and the BCFIRB ordered that the BC SPCA is permitted at its discretion to destroy, sell or otherwise dispose of the other animals. Presumably, there is a profit to be made selling pure and well bred and cared for German Shepherd puppies and the equally prized adult dogs. Since the BC SPCA is a pro-kill shelter the animals that don't fit their requirements for selling are almost always destroyed.
It is plausible that Monica's nightmare is not over and the ruinuous actions and conduct of the BC SPCA may last for the remainder of Monica's life particularly the permanent loss of her beloved dogs.
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