The BC SPGA receive questions about BC SPCA animal cruelty investigations from distraught animal guardians most of whom are shocked by the actions of the investigative officers and have no idea what kind of animal and financial loss faces them. Below are common questions and answers. If you are a BC animal guardian and your question isn't below, please contact us and we will endeavour to assist.
We refer often to the PCA Act which is an abbreviation for the Prevention Of Cruelty To Animals act.
Do I have to let a BC SPCA Special Constable into my home?
If the BC SPCA Special Provincial Constable (SPC) has a warrant then you must. Since the BC SPCA SPC usually bring RCMP officer(s) with them, you
will be required to comply however you have a right to ask to see the warrant prior to allowing entry. If the BC SPCA SPC thinks
that an animal is in critical distress entry is allowed without a warrant.
Refer to sections 13 to 15.2 of the Prevention Of Cruelty To Animals Act
I dont like the way the BC SPCA Special constable treated me or my pets who can I complain to? I can't find anywhere on Google or the BC SPCA site how to complain.
BC SPCA enforcement action is performed by Special Provincial Constables. The information that you are looking for is difficult information to find since the procedures for a complaint are buried in a regulation relating to sections 74 and 184 of the Police Act. Fortunately, after some digging, we found the relevant regulation which is called the Special Provincial Constable Complaints and Discipline Regulation which describes the complaint procedure.
Help! Im desperate the BC SPCA took my dog whats next?
We hope that our section ANIMAL CRUELTY INVESTIGATIONS, What to do and what happens during a BC SPCA Animal Cruelty Investigation will assist you.
Will it help my case to take videos and photographs during a BC SPCA animal cruelty investigation?
A BC SPCA special provincial constable and the animal cruelty section are well aware that BC animal guardians might video tape or take photographs during their investigation. There is no provision that says that you can't record or document what happens since if you pursue the return of the animal(s) should they be seized you will be required to provide as much evidence as possible. Should you file a complaint about a BC SPCA special provincial constable any documentation of misconduct will assist in your complaint.
Even though I am really upset will it help if I cooperate with the BC SPCA investigation?
In order to enter your home (house) the BC SPCA special provincial constable (SPC) either has to have your permission or can obtain a warrant. Whatever occurs during the animal cruelty investigation may or may not be documented by the BC SPCA SPC officer who is in the employ of the BC SPCA and does not represent your interests. One of the concerns of the BC SPGA is that BC animal guardians have no protection at this stage of the investigation.
The BC SPCA officer gave me a bunch of things I have to do. I can't afford this! Is it the law?
The BC SPCA relies on what are called Codes of Practice which are nationally developed guidelines for standards of care. The Codes Of Practice are not law however you may be expected to comply. If you do not and have been told to your animal(s) will be seized.
I have a vet for my pet cats does that matter in the animal cruelty investigation?
The BC SPCA animal cruelty investigations are primarily concerned with the Part 2.1 — Standards of Care and whether your animals are in "distress" as defined in the PCA Act which is very broad and highly subjective in our view:
For the purposes of this Act, an animal is in distress if it is
- (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.,
Many BC animal guardians have a vet that oversees the health of their animals or treats existing medical conditions which is irrelevant to the BC SPCA animal cruelty investigations since the BC SPCA will hire their own veterinarians to examine and decide on your animals (whether the animals have been seized or not) and rely on their own hired veterinarians recommendations and examinations.
If I'm offered an agreement by the BC SPCA, do I have to sign the agreement to get my animals back?
Sometimes the BC SPCA provides an Agreement of Care / Return Agreement (Agreement) that they want you to abide by and sign to receive the return of your animal(s). Signing the contract/agreement means that you must do everything agreed to. Signing the contract or agreement does not mean that the BC SPCA wont show up at your place again if they receive a different or another complaint.
Can the BC SPCA put a term in an agreement that I can't talk about what happened or what I signed?
The BC SPCA can write anything in the Agreement of Care / Return Agreement (agreement/contract) even a provision that you are not allowed to talk to or show anyone the agreement/contract that you signed. The BC SPCA can also require that you sign the agreement/contract by a due date which probably will not give you time to consult with a lawyer. Some people might object saying that their Charter rights are infringed on. There is not an independent overseer of what the BC SPCA animal cruelty investigations section do or try to make you do.
What happens if I can't afford to pay all the costs that the BC SPCA wants?
The BC SPCA have no re-payment options and will not return your pet(s) without their costs being paid in full first. There are a couple of instances where the Tribunal (BCFIRB) that oversees some BC SPCA appeals have ordered animals returned without the requirement that the BC SPCA costs be paid first.
Help! Im desperate the BC SPCA took my dog whats next?
Our section What to do and what happens with SPCA Animal Cruelty Investigations provides some general information on what happens.
Why does the BC SPCA win so many animal seizure appeals? Are we really nearly all animal abusers in BC?
BC SPGA advocates that pets and animals stay with their loved ones and that the BC SPCA with all their publicly funded resources and burgeoning surplus of over $80 million* from soliciting public donations for animal care need to use the donations for keeping and helping animals to be with their loved ones in their homes.
* Information obtained from Charity Intelligence Canada a registered charity that does charity assessments of over 750 Canadian charitable organizations, to allow donors be informed when they donate to charities, and to promote transparency, accountability, and results focus in the charitable sector.
Who do I complain to about the BC SPCA that's not them?
Complaints can be made to your member of the BC legislative Assembly (find your MLA with your postal code), the BC Premier (email premier@bc.ca) the BC Agricultural Minister, (email AGR.Minister@gov.bc.ca) the Ombudsperson Office and if the nature of the complaint is about a BC SPCA special provincial constable you can complain according to the procedures in the Special Provincial Constable Complaints and Discipline Regulation.
Other more effective ways to have your Voice heard is by joining BC SPGA as a member, volunteering and actively participating in demonstrations and surveys.
What is a BC FIRB review?
The British Columbia Farm Industry Review Board (BCFIRB) is the Tribunal that decides on some of the BC SPCA animal custody appeals. If you disagree with the BC SPCA for taking your animals because of distress or abandonment, you can file an appeal with BCFIRB.
What can I do if the BC SPCA is successful in the BC FIRB review?
You can apply to the BC Supreme Court for a judicial review of the BCFIRB appeal decision.
The BCFIRB animal custody appeal decisions (outcomes of appeals) show that the BC SPCA is overwhelmingly successful on the appeals which BC SPGA maintains is due to the financial resources available to the BC SPCA (the animal guardian pays them their costs whether the animal(s) are returned or not), the fact that the BC SPCA lawyers have more practice in animal custody appeals than anyone else and that animal guardians have no rights and no protections against the subjectivism and broad interpretations of the PCA Act.
Do I have to pay even if I surrender my animal to the BC SPCA?
You have to pay the BC SPCA costs even if you surrender your animal according to section 20 of the PCA Act:
Costs of taking action and proceeds of disposition
- 20 (1) The owner of an animal taken into custody or destroyed under this Act is liable to the society for the reasonable costs incurred by the society under this Act with respect to the animal.
- (2) The society may require the owner to pay all or part of the costs, with or without conditions, for which he or she is liable under subsection (1) before returning the animal.
- (3) Subject to subsection (4), the society may retain the proceeds of a sale or other disposition of an animal under section 17 or 18.
- (4) If the proceeds of a sale or other disposition exceed the costs referred to in subsection (1), the owner of the animal may, within 6 months of the date the animal was taken into custody, claim the balance from the society.
- (5) Payment of costs under subsection (2) of this section does not prevent an appeal under section 20.3.
Can I sue the BC SPCA?
The short answer is yes. The BC SPCA and its agents/employees do have immunity protection in section 25.1(1)(a)(b) of the PCA Act and section 25.1(2) provides when the immunity in subsection (1) does not apply:
Immunity
- 25.1 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the society, an authorized agent or a member, officer, agent or employee of the society because of anything done or omitted
- (a) in the performance or intended performance, by an authorized agent, of any duty under this Act, or
- (b) in the exercise or intended exercise, by an authorized agent, of any power under this Act.
- (2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted in bad faith.
Can the BC SPCA put a lien on property or condo to get their money?
Yes they can if you refuse to pay and have been unsuccessful with a BCFIRB appeal regarding costs.
Can I get a fine or go to jail when the BC SPCA seizes an animal?
Yes. If an animal(s) is seized under the PCA Act and the BC SPCA SPC officer charges you under sections 9.1, 9.2, 9.3, 23, 23.1, 23.2 or 23.3 then you are considered to have commited an Offense under section 24 of the PCA Act. The penalties are severe as described in section 24.1 of the PCA Act:
Penalties
24.1 A person who commits an offence under this Act is liable on conviction
to a fine not exceeding $75 000 or to imprisonment for a term not exceeding 2 years, or to both.
The above are criminal charges and if you qualify you can obtain a lawyer through AccessProBono services.
Does it help to hire a lawyer with BC SPCA animal seizures?
There are very few lawyers that have the extensive experience of the BC SPCA hired lawyers who represent the BC SPCA in all of their animal cruelty investigation actions. A lawyer can wade through the massive amounts of complicated legislation and procedures to attempt to have your seized animal(s) returned. The BC Supreme court judgments and the BCFIRB appeal decisions overwhelmingly side with the BC SPCA however.
BC SPGA's position is that seizing an animal(s) from its loving and caring home should be the last resort. Animal guardians who have a veterinarian should not be ever subjected to the traumatic and frightening animal cruelty investigations nor should their terrified and frightened animals be seized.
If an individual or family are unable to afford care then the BC SPCA should be using their massive surplus of over $80 million (donations that the BC SPCA solicited from the public as needed for animal care) and their resources to educate and help so that the animals can stay with their loved ones.
For example, if a dog needs a shelter outside to protect the animal from the elements then the BC SPCA has many resources and the financial means to assist in finding or buying a suitable dog house. This is, we submit, the BC SPCA's duty to serve animals.
Are Marcie Moriarity who decides on animal cruelty investigations and Craig Daniells the BC SPCA CEO lawyers by profession?
Yes. There is a legal advantage over the general public with the BC SPCA use of lawyers acting in various staff positions for the organization.
If I win and get the animals back can I claim my costs with the BCFIRB appeal or a BC SPCA review?
No. Never. Only the BC SPCA are entitled to their costs whether you win or loose.
How come Eileen Drever and her husband work together in animal cruelty investigations isn't that a conflict of interest?
We are not certain of the answer however the two both work in senior management for the Cruelty Investigations at BC SPCA as a powerful and well paid duo.
What are the minimum education requirements to be hired as a BC SPCA special provincial constable?
A grade 12 highschool education.
Is the BC SPCA a poor struggling financial charity?
Information obtained from Charity Intelligence Canada a registered charity that does charity assessments of over 750 Canadian charitable organizations, to allow donors be informed when they donate to charities, and to promote transparency, accountability, and results focus in the charitable sector the most current financial information provided by the BC SPCA shows that the society has an over $80 million sitting in funding reserves obtained for the care of animals.
In addition, BC Premier Eby and BC Agricultural Minister Pam Alexis handed over $12 million of the public purse in June, 2023 to the charity.
Why is a charity doing policing??
Good question. BC SPGA doesn't agree that policing is a charitable activity and no other police force in Canada operates as a charity. BC activists have taken the position that the B.C. SPCA to step down from their enforcement duties and allow a more capable, publicly funded and accountable government agency to take over.
How many of the BC SPCA animal cruelty investigations result in expense to the animal guardian or seizure of their animals?
BC SPGA has not found any statistical information in that regard yet although many seized animals that can be sold by the BC SPCA and are not returned to their animal guardians end up in their cages for sale or are euthanized. BC SPGA advocates keeping animals at home with their loving guardians which will require a completely different public approach that is not a criminalized, policing approach toward ordinary BC animal guardians and changes to the PCA Act accordingly.
Does the BC SPCA replemish its stock of animals for sale by seizing them from animal guardians?
BC SPGA has not found any statistical information in that regard yet although many seized animals that can be sold by the BC SPCA and are not returned to their animal guardians end up in their cages for sale or are euthanized. BC SPGA advocates keeping animals at home with their loving guardians.
How many BC animal guardians were affected by BC SPCA investigations last year?
According to BC SPCA stats for 2022, there were 8069 new animal cruelty investigations completed and 34,989 animals were "helped". None of the statistics show how many animal guardians were helped (if any) nor what the BC SPCA help for animals consisted of (ie. seizing and re-selling, euthanizing, etc) and there is no indication in the statistics how many animal guardians lost their animals and pets as a result.
Is the real reason that the BC SPCA has a pet registry is to keep track of animal guardians in BC?
The BC SPCA has started its own statistical database with similar animal guardian information as BC municipalities that require pet licensing.
Can BC SPGA help with care for my pet I am really financially struggling?
BC SPGA has initiated the first of its kind program to assist struggling animal Guardians and their beloved pets, the Guardian and Pets In Hardship Program. Please help if you can with a compassionate donation.