Can the SPCA even expect Crown to accept this case now that BC SPCA SAPO, Eileen Drever, has said that the animals never were in that bad physical condition? From the Coast Reporter: "Drever said they were not starving nor suffering from a variety of illnesses, as has been suggested. "
The SPCA has said that it sent a Report to Crown on Friday. The report is the SPCA's investigation and findings and recommendations and is what Crown uses to base its decision to prosecute to not. If not, the case never gets to court.
Crown will decide if the SPCA report is strong enough to win or isn't strong enough to win. If the report is weak, Crown can refuse to prosecute. End of case.
To a lay person, it seems logical that the case is weakened by the SPCA now saying the dogs "were not starving nor suffering from a variety of illnesses". And further weakened by the SPCA giving the dogs back. Certainly it seems that the possibility of any meaningful penalties, should Crown prosecute, is compromised by the SPCA's trust in the owners.