BC SPGA The Voice for BC Pet Owners and their animals

Constitutional Challenge Launched Against Attorney General Over BC SPCA Seizure of Pets in Veterinary Care

BC SPGA bringing people with pets to the forefront


Date: January 21, 2026

VANCOUVER, BRITISH COLUMBIA – A petition filed in the British Columbia Supreme Court is challenging the constitutionality of actions taken by the BC SPCA, alleging that the organization’s practice of seizing animals from veterinary care infringes on the rights of pet guardians.

The challenge directly implicates the office of Deputy Premier and Attorney General Niki Sharma for allegedly failing to address laws that permit these actions. The petition, filed on December 19, 2025, comes after a widespread email campaign from pet guardians across the province to the Attorney General’s office, expressing deep concern over a specific BC SPCA enforcement practice.

The campaign, organized by the British Columbia Pet & Animal Guardians Association (BC SPGA), sought government intervention but was met with no response.

At the heart of the issue is the BC SPCA’s authority to seize animals that are actively undergoing medical treatment from a veterinarian. According to numerous accounts gathered by the BC SPGA, the BC SPCA acts on a third-party complaint by hiring its own veterinarian to assess an animal, even while that animal is under the care of a treating veterinarian who has raised no concerns.

“People with pets and animals from all over the Province contact us. We had many upset and angry emails about the BC SPCA actions where they seize a guardian's animal under veterinary care,” said a spokesperson for the BC SPGA. “They hire a veterinarian to examine the animal so they can seize it from right under the nose of the unsuspecting treating veterinarian and the distraught family. If the treating veterinarian has not complained about the client or the animal, it is nobody else’s business. Veterinary care is becoming very expensive for many families, and to have an animal seized for complying with animal welfare laws just doesn't seem right.”

The BC SPGA initiated the “Justice for People and Their Pets in Veterinary Care” campaign to direct these concerns to Attorney General and Deputy Premier Niki Sharma. The petition now before the court alleges that this practice of seizing an animal from lawful veterinary care infringes on section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty, and security of the person.

“People who seek veterinary treatment for a sick or injured animal are complying with animal welfare laws,” the BC SPGA spokesperson added. “They are being punished for doing the right thing. If the Attorney General had reviewed this allegedly unfair BC SPCA action, it would never had seen a day in Court.” The spokesperson further noted that, “The Attorney General's role is to ensure that laws are fair and that should include the large majority of people who consider their pets are family members.”

February 25, 2026 has been scheduled for the chambers hearing of the petition at the BC Supreme court, Vancouver registry. A Response to the petition has not filed by the Attorney General’s office to-date although the Petition and Affidavit was signed for on December 23, 2025.

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Related:

Read filed Petition: https://spga.ca/Filed-Petition.pdf
Read filed Affidavit: https://spga.ca/Filed-Affidavit1.pdf

Related BC SPGA articles:

Campaign For Justice For Animals And People With Pets In Veterinary Care

Attorney General and Deputy Premier lawyer Niki Sharma in the legal hot seat

The Society For British Columbia Public Guardians and Animals (BC SPGA) is making significant strides in ensuring that the voices of both animals and their guardians are heard and respected across British Columbia. The BC SPGA is a non-profit, incorporated society run entirely by dedicated volunteers with no government financial assistance.

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