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Globe and Mail: SPCA sues B.C. animal advocates' group for alleged defamation in Web postings

Fur flies in dispute over death-row dog

SPCA sues B.C. animal advocates' group for alleged defamation in Web postings

By ROBERT MATAS
Monday, September 13, 2004
Page A8

VANCOUVER -- It's been a rough few months for Cheech.

First the Labrador-rottweiler cross was taken away from his owner after scaring the kids in the neighbourhood. The SPCA put him through a battery of psychological tests that led to a plan to help him deal with his anxiety.

After he was caught growling and acting aggressively, he was assessed as dangerous and sent to death row.

But just before he was to be taken away, he was "liberated" by animal-rights activists, who launched him into cyberspace as the poster pooch for a campaign against the British Columbia Society for the Prevention of Cruelty to Animals.

Next stop: the courtroom.

The SPCA, tired of responding to cyber-sniping from the Animal Advocates Society of British Columbia, slapped the group with a defamation suit.

The SPCA has asked the court to shut down the group's website, which includes a link to Cheech's on-line musings. ("I'm writing to let you all know that I'm alive and very well and having the time of my life," Cheech writes in an on-line letter that says the dog is living with a new family.) The Animal Advocates Society says Cheech is cheerful, trusting and affectionate. It says he has never bitten anyone, although he sometimes behaved roughly.

The SPCA paints a much darker picture of the mutt that is named after the stoner half of the comedy team Cheech and Chong. It still considers Cheech dangerous.

"We have a legal and moral obligation not to put a dog out in the community if the dog's actions lead us to believe that someone could be seriously hurt," said Lorie Chortyk, director of community relations for the SPCA.

"We have no idea where the dog is . . . and yes, we have a real concern about having that dog out in the community."

Cheech is not the only reason for the lawsuit, Ms. Chortyk added.

The lawsuit is part of a continuing effort to protect the reputation of the society and people involved with the organization, she said. However, she declined to comment on the legal action.

"Our lawyers advised us not to speak outside the courtroom. We do not want to do the whole thing through the media," she said.

In a document filed in B.C. Supreme Court, the SPCA is seeking a permanent court injunction to close down the Animal Advocates Society website, which, the society alleges, accuses its officers, employees and volunteers of cruel treatment of animals and "morally depraved" practices.

The SPCA says in court documents that it has been accused of deceiving donors and the government, and of lacking the skills to protect animals. The Animal Advocates Society incites people to trespass and steal on SPCA property, the SPCA says. Animal Advocates also encourage "unlawful vigilante action," according to the SPCA document filed in court.

The animal-rights group has not yet responded to the allegations, which have not been proven in court. Judy Stone, a spokeswoman for the Animal Advocates Society, said the group plans a vigorous defence.

The SPCA has tried previously to shut down the group's website. Web servers in Vancouver and California discontinued service after receiving letters from SPCA lawyers. After the website resurfaced on a server in India, the SPCA tried once again to close it down without going to court.

In a letter to the web server in India dated Aug. 30, Vancouver lawyer Thomas Woods says the Animal Advocates Society "appears to be 'on the run,' moving from provider to provider, seeking to find an [Internet service provider] somewhere that will allow the AAS to use its facilities to publish defamatory material concerning the B.C. SPCA in the Internet to readers worldwide without regard to the laws in Canada."

Serving notice of the defamation action, Mr. Woods said he "trusts" that the service provider would discontinue services when made aware that a client is making unlawful use of its website.

But Animal Advocates Society is unfazed by the pending legal battle.

Since 1992, the animal activists have been relentless critics of the SPCA as they push for a no-kill policy for animal shelters. They have stood up to pressure from the SPCA to tone down their on-line attacks, managing to keep the cyber-campaign going.

They welcome a court case to draw widespread attention to their crusade for no-kill policies in animal shelters. And they feel that without Cheech, it would not have happened.

The SPCA is in a panic about the bad publicity it has received, Ms. Stone said.

Cheech's story has pushed municipal councils to reconsider their contracts with the SPCA to handle stray cats and dogs, she said. Delta municipal council decided not to renew its contract with the SPCA when it expires later this year.

Ms. Stone said councillors from other municipalities have also raised concerns about the SPCA.

"They're terrified of another Cheech," she said.